the COP’s decision.33 (3)Who will receive the assistance from the fund? All developing countries or only those that are “particularly vulnerable to the adverse effects of climate change”? The decision seems to suggest the latter. (4) What can the funds be used for? The decision refers generally to “responding to economic and non-economic loss and damage associated with the adverse effects of climate change, including extreme weather events and slow onset events, especially in the context of ongoing and ex post (including rehabilitation, recovery and reconstruction) action.”34 (5) How are the amounts to be calculated? How is loss and damage to be assessed?35 (6) How will payments be made and monitored?36 COP27 President Shoukry ended the conference by saying that its accomplishments were a “testament to our collective will . . . that multilateral diplomacy still works.”37 But aside from the successful adoption of the loss and damage fund, COP27 was criticized for not adopting proposals to phase out all fossil fuels and to make more ambitious commitments for reducing emissions.38 COP27 did, however, prevent backsliding, including, importantly, on “the longterm global goal to hold the increase in the global average temperature” by reiterating COP26’s decision (which moved slightly beyond the wording of the Paris Agreement) to “resolve[] to pursue efforts to limit the temperature increase to 1.5 °C” above pre-industrial levels.39
{"title":"The Treasury Department Implements Security Council Resolution Establishing a Humanitarian Carveout for UN Sanctions","authors":"Sarah Kaplan, Brad Plumer, D. Gelles","doi":"10.1017/ajil.2023.12","DOIUrl":"https://doi.org/10.1017/ajil.2023.12","url":null,"abstract":"the COP’s decision.33 (3)Who will receive the assistance from the fund? All developing countries or only those that are “particularly vulnerable to the adverse effects of climate change”? The decision seems to suggest the latter. (4) What can the funds be used for? The decision refers generally to “responding to economic and non-economic loss and damage associated with the adverse effects of climate change, including extreme weather events and slow onset events, especially in the context of ongoing and ex post (including rehabilitation, recovery and reconstruction) action.”34 (5) How are the amounts to be calculated? How is loss and damage to be assessed?35 (6) How will payments be made and monitored?36 COP27 President Shoukry ended the conference by saying that its accomplishments were a “testament to our collective will . . . that multilateral diplomacy still works.”37 But aside from the successful adoption of the loss and damage fund, COP27 was criticized for not adopting proposals to phase out all fossil fuels and to make more ambitious commitments for reducing emissions.38 COP27 did, however, prevent backsliding, including, importantly, on “the longterm global goal to hold the increase in the global average temperature” by reiterating COP26’s decision (which moved slightly beyond the wording of the Paris Agreement) to “resolve[] to pursue efforts to limit the temperature increase to 1.5 °C” above pre-industrial levels.39","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"335 - 340"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43658324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"AJI volume 117 issue 2 Cover and Front matter","authors":"","doi":"10.1017/ajil.2023.19","DOIUrl":"https://doi.org/10.1017/ajil.2023.19","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"f1 - f8"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43232998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
rule, OFAC “amend[ed] its regulations inmultiple sanctions programs to add, amend, or update general licenses authorizing official business of the United States government and official business of certain international organizations and entities.”35 For NGOs and IOs, the licenses generally do “not authorize funds transfers initiated or processed with knowledge or reason to know that the intended beneficiary of such transfers is a person blocked.”36 To the extent that a general license does not apply, specific licenses may be issued. The two rules go beyond Resolution 2664’s provisions to cover many U.S. sanctions programs that operate outside of the Security Council framework.37 The general licenses established by the new rules are similar to the humanitarian licenses OFAC previously established for specific sanctions programs, such as those for Crimea and Venezuela.38 The new rules apply only to OFAC sanctions and have no effect on those administered by other agencies, such as the Department of Commerce. NGOs welcomed the new rules. Kate Phillips-Barrasso, vice president of Global Policy and Advocacy forMercyCorps, said, “It literally almost feels surreal to me, as an advocate who’s been working on this for the better part of a decade. I keep having to almost pinch myself. It is a lifeand-death issue in some cases and they have been told about the problem for years and they took amajor step forward in trying to resolve it.”39 Though the new general licenses provide reason for optimism, financial institutions will need to move away from their inclination toward sanctions “overcompliance” for the humanitarian carveout to have meaningful effect.40
{"title":"President Biden Issues Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States","authors":"Kylie Atwood","doi":"10.1017/ajil.2023.9","DOIUrl":"https://doi.org/10.1017/ajil.2023.9","url":null,"abstract":"rule, OFAC “amend[ed] its regulations inmultiple sanctions programs to add, amend, or update general licenses authorizing official business of the United States government and official business of certain international organizations and entities.”35 For NGOs and IOs, the licenses generally do “not authorize funds transfers initiated or processed with knowledge or reason to know that the intended beneficiary of such transfers is a person blocked.”36 To the extent that a general license does not apply, specific licenses may be issued. The two rules go beyond Resolution 2664’s provisions to cover many U.S. sanctions programs that operate outside of the Security Council framework.37 The general licenses established by the new rules are similar to the humanitarian licenses OFAC previously established for specific sanctions programs, such as those for Crimea and Venezuela.38 The new rules apply only to OFAC sanctions and have no effect on those administered by other agencies, such as the Department of Commerce. NGOs welcomed the new rules. Kate Phillips-Barrasso, vice president of Global Policy and Advocacy forMercyCorps, said, “It literally almost feels surreal to me, as an advocate who’s been working on this for the better part of a decade. I keep having to almost pinch myself. It is a lifeand-death issue in some cases and they have been told about the problem for years and they took amajor step forward in trying to resolve it.”39 Though the new general licenses provide reason for optimism, financial institutions will need to move away from their inclination toward sanctions “overcompliance” for the humanitarian carveout to have meaningful effect.40","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"340 - 346"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48456439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On January 5, 2023, the U.S. Justice for Victims of War Crimes (JVWC) Act was signed into law. The legislation closed long-recognized gaps in U.S. federal jurisdiction for holding accused war criminals accountable. Prior to the JVWC, the federal war crimes statute provided jurisdiction over war crime offenses committed anywhere, but only if the victim or offender was a member of the U.S. Armed Forces or a U.S. national. The baseline federal statute of limitations also applied, meaning the United States could only bring charges within five years of the crime occurring.
{"title":"The Justice for Victims of War Crimes Act","authors":"A. R. Pearlman","doi":"10.1017/ajil.2023.11","DOIUrl":"https://doi.org/10.1017/ajil.2023.11","url":null,"abstract":"On January 5, 2023, the U.S. Justice for Victims of War Crimes (JVWC) Act was signed into law. The legislation closed long-recognized gaps in U.S. federal jurisdiction for holding accused war criminals accountable. Prior to the JVWC, the federal war crimes statute provided jurisdiction over war crime offenses committed anywhere, but only if the victim or offender was a member of the U.S. Armed Forces or a U.S. national. The baseline federal statute of limitations also applied, meaning the United States could only bring charges within five years of the crime occurring.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"358 - 363"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48927508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"To the Uttermost Parts of the Earth: Legal Imagination and International Power, 1300–1870. By Martti Koskenniemi. Cambridge, UK: Cambridge University Press 2021. Pp. xviii, 1107. Index.","authors":"R. Lesaffer","doi":"10.1017/ajil.2023.4","DOIUrl":"https://doi.org/10.1017/ajil.2023.4","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"378 - 386"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46435593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Stergiopoulos v. Iran. Order No. 39391/2021. 105 Rivista di diritto internazionale 620 (2022)","authors":"D. Amoroso, R. Pavoni","doi":"10.1017/ajil.2023.7","DOIUrl":"https://doi.org/10.1017/ajil.2023.7","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"315 - 321"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43489787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
guards contained” in the order.51 The attorney general must also designate the European Union as a “qualifying state” and appoint judges and special advocates for the DPRC.52 Separately, the Department of Commerce will need to adapt its existing Privacy Shield certification process to allow U.S. companies to commit to the required privacy principles under the DPF. Meanwhile, Schrems has already hinted that a legal challenge to the new adequacy decision is likely once it is adopted.53
{"title":"The Department of Defense Issues Civilian Harm Mitigation and Response Action Plan","authors":"","doi":"10.1017/ajil.2023.16","DOIUrl":"https://doi.org/10.1017/ajil.2023.16","url":null,"abstract":"guards contained” in the order.51 The attorney general must also designate the European Union as a “qualifying state” and appoint judges and special advocates for the DPRC.52 Separately, the Department of Commerce will need to adapt its existing Privacy Shield certification process to allow U.S. companies to commit to the required privacy principles under the DPF. Meanwhile, Schrems has already hinted that a legal challenge to the new adequacy decision is likely once it is adopted.53","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"352 - 358"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43660460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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{"title":"Capitalism as Civilisation A History of International Law. By Ntina Tzouvala. Cambridge, UK: Cambridge University Press, 2020. Pp. vii, 239. Index.","authors":"José E. Alvarez","doi":"10.1017/ajil.2023.5","DOIUrl":"https://doi.org/10.1017/ajil.2023.5","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"43 8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134946395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Karla Christina Azeredo Venâncio da Costa and Others v. Federal Republic of Germany","authors":"Eduardo Cavalcanti de Mello Filho","doi":"10.1017/ajil.2023.6","DOIUrl":"https://doi.org/10.1017/ajil.2023.6","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"309 - 315"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48549936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This Article argues that the Gulf Crisis of 1990–91, the first major international crisis of the post-Cold War era, was a constitutive moment for international law. The Article examines the contests in the United Nations over the meaning of the Crisis and shows that these contests were also over the meaning of cooperation under international law in the “new world order.” The Article casts the Gulf Crisis itself as a moment of “worldmaking,” in which the United States refashioned foundational concepts like interdependence, sovereignty, and humanity in warfare and deployed them to suit a state-centered vision of international cooperation under hierarchy.
{"title":"Worldmaking at the End of History: The Gulf Crisis of 1990–91 and International Law","authors":"Samuel Louis Aber","doi":"10.1017/ajil.2023.8","DOIUrl":"https://doi.org/10.1017/ajil.2023.8","url":null,"abstract":"Abstract This Article argues that the Gulf Crisis of 1990–91, the first major international crisis of the post-Cold War era, was a constitutive moment for international law. The Article examines the contests in the United Nations over the meaning of the Crisis and shows that these contests were also over the meaning of cooperation under international law in the “new world order.” The Article casts the Gulf Crisis itself as a moment of “worldmaking,” in which the United States refashioned foundational concepts like interdependence, sovereignty, and humanity in warfare and deployed them to suit a state-centered vision of international cooperation under hierarchy.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"201 - 250"},"PeriodicalIF":4.3,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45323268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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