Pub Date : 2024-05-03DOI: 10.1017/s0020589324000095
Volker Roeben
{"title":"German Practice in International Law 2019 by Stefan Talmon [CUP, Cambridge, 2022, xxviii + 467pp, ISBN: 978-1-316-51461-0, £170 (h/bk)]","authors":"Volker Roeben","doi":"10.1017/s0020589324000095","DOIUrl":"https://doi.org/10.1017/s0020589324000095","url":null,"abstract":"","PeriodicalId":509582,"journal":{"name":"International and Comparative Law Quarterly","volume":"49 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141015692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-02DOI: 10.1017/s002058932400006x
Shisong Jiang
{"title":"The Cambridge Handbook of China and International Law by Ignacio de la Rasilla and Congyan Cai [Cambridge University Press, Cambridge, 2024, 610pp, ISBN: 978-1-316-51740-6, £150.00 (h/bk)]","authors":"Shisong Jiang","doi":"10.1017/s002058932400006x","DOIUrl":"https://doi.org/10.1017/s002058932400006x","url":null,"abstract":"","PeriodicalId":509582,"journal":{"name":"International and Comparative Law Quarterly","volume":"58 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141017929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-25DOI: 10.1017/s0020589324000034
Mario JA Oyarzabal
In November 2023 the United Nations (UN) General Assembly and Security Council elected (in one case, re-elected) five judges to the International Court of Justice. The electoral system is considered to be overly politicized and to pay lip service to the requirements that judges must be elected on the basis of their qualifications, regardless of their nationality, and that in the body as a whole, the representation of the main forms of civilization and the principal legal systems of the world should be assured. Several amendments to the system of nominations and elections have been proposed that would require a reform of the Court's Statute. This article proposes four measures that could be adopted without amending the Statute or encroaching on the prerogatives of national groups, UN organs or Member States: (1) ensure the representation of the principal legal systems, in part by promoting regional diversity on the bench; (2) remove the use of nationality as a factor in casual elections; (3) establish a vetting process and public hearings; and (4) promote a single vote for Security Council members. It argues that the measures proposed would lead to a change in the present culture of nominations and elections towards one that favours the qualification of the judges over political considerations.
{"title":"ELECTION OF JUDGES TO THE INTERNATIONAL COURT OF JUSTICE: PROPOSALS FOR REFORM WITHOUT AMENDING THE STATUTE","authors":"Mario JA Oyarzabal","doi":"10.1017/s0020589324000034","DOIUrl":"https://doi.org/10.1017/s0020589324000034","url":null,"abstract":"\u0000 In November 2023 the United Nations (UN) General Assembly and Security Council elected (in one case, re-elected) five judges to the International Court of Justice. The electoral system is considered to be overly politicized and to pay lip service to the requirements that judges must be elected on the basis of their qualifications, regardless of their nationality, and that in the body as a whole, the representation of the main forms of civilization and the principal legal systems of the world should be assured. Several amendments to the system of nominations and elections have been proposed that would require a reform of the Court's Statute. This article proposes four measures that could be adopted without amending the Statute or encroaching on the prerogatives of national groups, UN organs or Member States: (1) ensure the representation of the principal legal systems, in part by promoting regional diversity on the bench; (2) remove the use of nationality as a factor in casual elections; (3) establish a vetting process and public hearings; and (4) promote a single vote for Security Council members. It argues that the measures proposed would lead to a change in the present culture of nominations and elections towards one that favours the qualification of the judges over political considerations.","PeriodicalId":509582,"journal":{"name":"International and Comparative Law Quarterly","volume":"13 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140656172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-12DOI: 10.1017/s0020589324000022
Raphael Ren
The dichotomy between jurisdiction and admissibility developed in public international law has drawn much attention from arbitrators and judges in recent years. Inspired by Paulsson's ‘tribunal versus claim’ lodestar, attempts have been made to transpose the distinction from public international law to investment treaty arbitration, yielding a mixed reception from tribunals. Remarkably, a second leap of transposition has found firmer footing in commercial arbitration, culminating in the prevailing view of the common law courts in England, Singapore and Hong Kong that arbitral decisions on admissibility are non-reviewable. However, this double transposition from international law to commercial arbitration is misguided. First, admissibility is a concept peculiar to international law and not embodied in domestic arbitral statutes. Second, its importation into commercial arbitration risks undermining the fundamental notion of jurisdiction grounded upon the consent of parties. Third, the duality of ‘night and day’ postulated by Paulsson to distinguish between reviewable and non-reviewable arbitral rulings is best reserved to represent the basic dichotomy between jurisdiction and merits.
{"title":"THE DICHOTOMY BETWEEN JURISDICTION AND ADMISSIBILITY IN INTERNATIONAL ARBITRATION","authors":"Raphael Ren","doi":"10.1017/s0020589324000022","DOIUrl":"https://doi.org/10.1017/s0020589324000022","url":null,"abstract":"\u0000 The dichotomy between jurisdiction and admissibility developed in public international law has drawn much attention from arbitrators and judges in recent years. Inspired by Paulsson's ‘tribunal versus claim’ lodestar, attempts have been made to transpose the distinction from public international law to investment treaty arbitration, yielding a mixed reception from tribunals. Remarkably, a second leap of transposition has found firmer footing in commercial arbitration, culminating in the prevailing view of the common law courts in England, Singapore and Hong Kong that arbitral decisions on admissibility are non-reviewable. However, this double transposition from international law to commercial arbitration is misguided. First, admissibility is a concept peculiar to international law and not embodied in domestic arbitral statutes. Second, its importation into commercial arbitration risks undermining the fundamental notion of jurisdiction grounded upon the consent of parties. Third, the duality of ‘night and day’ postulated by Paulsson to distinguish between reviewable and non-reviewable arbitral rulings is best reserved to represent the basic dichotomy between jurisdiction and merits.","PeriodicalId":509582,"journal":{"name":"International and Comparative Law Quarterly","volume":"65 S3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140709669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-01DOI: 10.1017/S0020589323000556
J. A. Lorenzo
Abstract Multilateral development banks (MDBs) are international organizations subject to the law of international responsibility. Yet, the relationship between their accountability mechanisms and the International Law Commission (ILC) Articles on the Responsibility of International Organizations (ARIO) remains unclear. Understanding this relationship is essential in fully realizing the right to remedy in the development finance context. A comparative analysis of these legal frameworks clarifies that notwithstanding their different rationale, scope and functions, the two are not normatively conflicting and both serve to control public power. While the accountability mechanisms correct the ARIO's State-centric orientation by granting legal standing to project-affected people, they have their own deficiency concerning the actions they can prescribe to MDBs upon a finding of noncompliance. Highlighting that the MDBs’ mandate to ‘do no harm’ and pursue sustainable development is left unfulfilled by the accountability mechanisms’ deficient remedial function, this article identifies specific ARIO provisions to complement rather than undermine the MDBs’ accountability system. The ARIO's residual character, combined with the proposition that remedies arise not only from wrongful conduct but also from harm suffered by one party due to another's risky activities, justify this complementarity.
Abstract Multilateral Development Banks (MDBs) are international organizations subject to the law of international responsibility.然而，它们的问责机制与国际法委员会（ILC）《国际组织责任条款》（ARIO）之间的关系仍不明确。理解这种关系对于在发展融资背景下充分实现补救权至关重要。对这些法律框架的比较分析表明，尽管二者的依据、范围和职能不同，但在规范上并不冲突，都是为了控制公共权力。虽然问责机制通过赋予受项目影响的人以法律地位，纠正了 ARIO 以国家为中心的取 向，但它们在发现多边开发银行有违规行为时可以对其规定的行动方面也有自身的不足。本文强调多边开发银行 "不造成危害 "和追求可持续发展的任务由于问责机制补救功能的不足而无法实现，并确定了《非洲区域经济一体化组织协定》的具体条款，以补充而不是削弱多边开发银行的问责制度。ARIO 的剩余性质，加上补救措施不仅产生于不法行为，也产生于一方因另一方的风险活动而遭受的损害这一主张，证明了这种互补性的合理性。
{"title":"ACCOUNTABILITY MECHANISMS OF MULTILATERAL DEVELOPMENT BANKS AND THE LAW OF INTERNATIONAL RESPONSIBILITY","authors":"J. A. Lorenzo","doi":"10.1017/S0020589323000556","DOIUrl":"https://doi.org/10.1017/S0020589323000556","url":null,"abstract":"Abstract Multilateral development banks (MDBs) are international organizations subject to the law of international responsibility. Yet, the relationship between their accountability mechanisms and the International Law Commission (ILC) Articles on the Responsibility of International Organizations (ARIO) remains unclear. Understanding this relationship is essential in fully realizing the right to remedy in the development finance context. A comparative analysis of these legal frameworks clarifies that notwithstanding their different rationale, scope and functions, the two are not normatively conflicting and both serve to control public power. While the accountability mechanisms correct the ARIO's State-centric orientation by granting legal standing to project-affected people, they have their own deficiency concerning the actions they can prescribe to MDBs upon a finding of noncompliance. Highlighting that the MDBs’ mandate to ‘do no harm’ and pursue sustainable development is left unfulfilled by the accountability mechanisms’ deficient remedial function, this article identifies specific ARIO provisions to complement rather than undermine the MDBs’ accountability system. The ARIO's residual character, combined with the proposition that remedies arise not only from wrongful conduct but also from harm suffered by one party due to another's risky activities, justify this complementarity.","PeriodicalId":509582,"journal":{"name":"International and Comparative Law Quarterly","volume":" 48","pages":"209 - 245"},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139392285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-01DOI: 10.1017/S002058932300057X
{"title":"ILQ volume 73 issue 1 Cover and Back matter","authors":"","doi":"10.1017/S002058932300057X","DOIUrl":"https://doi.org/10.1017/S002058932300057X","url":null,"abstract":"","PeriodicalId":509582,"journal":{"name":"International and Comparative Law Quarterly","volume":"25 100","pages":"b1 - b4"},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139395839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-01DOI: 10.1017/S0020589323000568
{"title":"ILQ volume 73 issue 1 Cover and Front matter","authors":"","doi":"10.1017/S0020589323000568","DOIUrl":"https://doi.org/10.1017/S0020589323000568","url":null,"abstract":"","PeriodicalId":509582,"journal":{"name":"International and Comparative Law Quarterly","volume":"71 1","pages":"f1 - f7"},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139395385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-18DOI: 10.1017/s0020589323000507
Marta Torre-Schaub
{"title":"When Environmental Protection and Human Rights Collide: The Politics of Conflict Management by Regional Courts by Marie-Catherine Petersmann [CUP, Cambridge, 2022, 318pp, ISBN: 978-1-316-51580-8, £85.00 (h/bk)]","authors":"Marta Torre-Schaub","doi":"10.1017/s0020589323000507","DOIUrl":"https://doi.org/10.1017/s0020589323000507","url":null,"abstract":"","PeriodicalId":509582,"journal":{"name":"International and Comparative Law Quarterly","volume":"146 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139175643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-12DOI: 10.1017/s0020589323000520
Josephina Lee
{"title":"Regulating Free Speech in a Digital Age: Hate, Harm and the Limits of Censorship by David Bromell [Springer International Publishing, Cham, 2022, 229pp, ISBN: 978-3-030-95549-6, £64.99 (h/bk)]","authors":"Josephina Lee","doi":"10.1017/s0020589323000520","DOIUrl":"https://doi.org/10.1017/s0020589323000520","url":null,"abstract":"","PeriodicalId":509582,"journal":{"name":"International and Comparative Law Quarterly","volume":"65 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139181870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-11DOI: 10.1017/s0020589323000490
Chukwuma Okoli
{"title":"Jurisdiction Over Non-EU Defendants: Should the Brussels Ia Regulation be Extended? by Tobias Lutzi, Ennio Piovesani and Dora Zgrabljić Rotar (eds) [Hart Publishing, Oxford, 2023, 376pp, ISBN: 978-1-5099-5891-7, £90.00 (h/bk)]","authors":"Chukwuma Okoli","doi":"10.1017/s0020589323000490","DOIUrl":"https://doi.org/10.1017/s0020589323000490","url":null,"abstract":"","PeriodicalId":509582,"journal":{"name":"International and Comparative Law Quarterly","volume":"67 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139184192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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