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In: War and Law in the Islamic World

This submission challenges the presumption that uk nationals will lose eu citizenship following Brexit. Until now, the dominant narrative has been drawn from the law on treaties or international organizations, and this article adds the human rights perspective to Brexit. Firstly, eu citizenship can be assimilated to nationality. While eu citizenship is unique, the status protected under international law is a legal bond a person has with a political entity. This protection certainly covers nationality, and this paper argues it can be understood to also protect eu citizenship. Secondly, international law prohibits arbitrary withdrawal of this legal bond with a person. The uk does not have jurisdiction over eu citizenship, so it is doubtful the uk can terminate eu citizenship unilaterally. Even if the eu were to withdraw eu citizenship on its initiative, it would still constitute retroactive law, discrimination, and infringement of sovereignty. It is also disproportionate, because the loss of eu citizenship is not necessary for Brexit. When Greenland withdrew from the eu, its residents retained eu citizenship. For these reasons, the revocation of eu citizenship would be arbitrary. A distinction must be made between the membership of a state in the eu which can be terminated, and the direct legal bond formed between a person and the Union, which is far harder to revoke. On this basis, any uk national who has acquired eu citizenship prior to Brexit, should not be divested of it following Brexit.

In: International Organizations Law Review

The question of how disputes arising from Brexit are to be resolved, and by which body, is one of the most sensitive issues in the negotiations on the uk’s withdrawal from the European Union and the envisaged future relationship between the uk and the eu. The legal issues related to withdrawal are further magnified in complexity due to the nature of the eu itself, which does not neatly fit into the category of a traditional international organization. The uk has repeatedly stated that it will not accept the continued role of the eu Court of Justice in the uk legal system after withdrawal. Any dispute settlement system must also respect the constitutional requirements of the eu legal order, most notably, by not infringing on the autonomy of eu law. This article discusses some of the various models from international dispute settlement that could be used to inspire a dispute settlement system in the Brexit context. It discusses dispute settlement in the withdrawal agreement and the role of the Court of Justice during and after a transition period. It then discusses the challenges of designing a dispute settlement system for the future relationship agreement. While aspects of these various models could be replicated, there is no dispute settlement system that is fully appropriate to deal with the various complexities and challenges of Brexit. The paper proposes the establishment of a standing international tribunal to resolve disputes arising from Brexit.

In: International Organizations Law Review

Abstract

Although transparency is frequently employed to enhance the legitimacy of public organizations, several scholars point to its potentially negative implications. This study analyzes the impact of transparency on the authority of peer reviews in international organizations. Authority, here conceived as rooted in legitimacy beliefs, is crucial for peer reviews to produce effects. This research is based on results from an online survey and forty-three interviews with actors involved in two United Nations peer reviews: the Universal Periodic Review in human rights and the Implementation Review Mechanism in the fight against corruption. The article shows that transparency positively affects the perceived development of pressure, yet negatively influences mutual learning and appears to be unable to ensure equal treatment of states.

In: Global Governance: A Review of Multilateralism and International Organizations

Abstract

Although the UN narcotic drugs conventions do not allow states parties to legalize cannabis cultivation and trade for recreational use, there are possibilities for states to do so anyhow while staying within the boundaries of international public law. A first option concerns positive human rights obligations, i.e. obligations that require states to take measures in order to offer the best protection of human rights. If a state convincingly argues that with cannabis regulation positive human rights obligations to protect society can be more effectively achieved than under a prohibitive approach, the priority position of human rights obligations over the drugs conventions can justify such regulation. The second option regards the modification of the drugs conventions through an inter se agreement on cannabis regulation between certain of the states parties only. The positive human rights approach and the inter se possibility can strengthen each other and are a supreme combination.

In: International Community Law Review

Abstract

Local peacebuilding has been embraced in principle by many donors, but the practice of external support to local initiatives needs further systematic study. While previous research has exposed the weaknesses of externally supported peacebuilding, less attention has been given to alternative strategies that can be taken to scale. This article puts the focus on international nongovernmental organizations as key intermediary actors in peacebuilding, and how they deal with dilemmas attached to local peacebuilding support. It contributes to the research on external-local dimensions of peacebuilding practice by identifying constructive functions that can be fulfilled by INGOs in situations where local institutions and actors are not able to address conflict on their own. Specifically, it uncovers the role of INGOs as risk absorbers and enablers of local peacebuilding action through the accompaniment of local partners.

In: Global Governance: A Review of Multilateralism and International Organizations

Abstract

The present study analyses a key contemporary transformation in international law: the ascent of China and the decline of the hegemony of the United States. I shall here construct a two-stage theoretical picture of China’s mission to establish a regional order with Beijing at the centre. First, I present the argument that international law is a vehicle for hegemonic ideology and practice, taking my orientation from Gramscian theories of hegemony. Second, I shall unfold the Chinese Dream—a Confucian variant of neoliberalism—and the One Belt One Road Initiative, to demonstrate that China’s evolution into a core production zone in the neoliberal world economy may be achieved through international legal structures.

In: The Chinese Journal of Global Governance

Abstract

The EU has now shifted from ad hoc investment arbitration to an envisaged Multilateral Investment Court. Its essential character is expected to be a two-instance standing court system, together with a random allocation of cases. This judicialized court system could address China’s preference of correctness as to ISDS system to some extent, subject to the competence of judges, while at the same time it raises new problems and new concerns. Firstly, would the envisaged standing court, in the context of enhancing the regulatory powers of states, still be qualified as a neutral forum to strike the appropriate balance between the protection of investors’ right and preservation of states’ regulatory powers? Secondly, would the judicialized court system be effective and flexible enough to suit the current nature of ISDS? Thirdly, would the envisaged two-tier court system be put into efficient operation so as not to become a de facto bar to access of justice? In fact, a judicialized system has its pros and cons, and thus its successful establishment and operation would be subject to more detailed rules.

In: The Chinese Journal of Global Governance