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Begin New Search Topic International Law Content Type Journal Article Publication Year within 3 Years

11. Nigerien Law 2015-36: How a New Narrative in the Fight Against Smugglers Affects the Right to Leave a Country

Author:
Sarah Isabel Pfeiffer
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In 2015, the Republic of the Niger adopted an anti-migrant smuggling law (Law 2015-36) with direct involvement of the European Union (EU). Since then, concerns have been raised that this law constitutes a de facto travel ban for anyone moving northwards from Niger. Rather than addressing the involvement of the EU, this article will focus on the direct obligations of Niger, including those set by regional human rights agreements, as the country where the so-called cooperative migration control takes place. People on the move towards Libya will be a special focus as the most affected by the Nigerien law. First, the Nigerien law and its provisions will be described, in order to then assess whether the law and its application infringe the human right to leave any country including one’s own. Drawing from the findings of non-governmental organizations and the United Nations Special Rapporteur on the Human Rights of Migrants, this article argues that Law 2015- 36 renders it impossible for non-Nigerien nationals to leave the country without risking their life and safety. Thus, Law 2015-36 infringes the right to leave. The third part explores possible justifications for the law with a focus on the interests of people on the move, the interests of bordering States, and national interests. It finds that Law 2015-36 is disproportionate and, in fact, impairs the essence of the right to leave, resulting in an unjustified interference. The concluding fourth part contains recommendations for possible amendments to the law.
Topic:
Human Rights, International Law, Migration, European Union, Smuggling, and Irregular Migration
Political Geography:
Africa, Europe, and Nigeria

12. Prosecuting Russia’s Crime of Aggression: A critical reflection

Author:
Sonia Boulos
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
Since the beginning of Russia’s war of aggression against Ukraine, international law has become a center piecein Ukraine’s war efforts. The Hyper response of legal and other international institutions have prompted some to call these developmentsas the “Ukraine moment”. Theterm suggeststhat the legal response to the war represents,potentially,atransformative moment for international law in its pursuit of justice. Focusing on the crime of aggression, the aim of this article is to answer the question whether the international response to the Russian war of aggression against Ukraine symbolizesgenuinelya transformativeinternational law moment
Topic:
International Law, Russia-Ukraine War, Aggression, and Double Standards
Political Geography:
Russia, Europe, and Ukraine

13. Taiwan’s International Legal Standing: Navigating the Fragile Status Quo

Author:
Mahir Al Banna
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This study aimed to discuss the legal limbo of Taiwan, whose political situation lies in a grey area of international law. Its legal status is ambiguous: while meeting the characteristics of a State, it is not recognized by other States so long as China claims it as a Chinese territory. The methodology developed in this study adopted the descriptive analytical approach to the different principles of international law, in addition to quantitative methods, which involved gathering data on cases, courts, and resolutions of international organizations, followed by thorough analysis. This research provided an in-depth investigation to critically assess Taiwan’s fragile status quo, threatened by a potential Chinese military intervention. The study found that the idea that Taiwan is deprived of legal status points out the shortcomings of international law. This study concluded that to overcome this tricky situation, Taiwan should take bold moves, such as making constitutional reforms to facilitate its independence.
Topic:
International Law, Status Quo, Recognition, and Use of Force
Political Geography:
China, Taiwan, and Asia

14. The Trajectory of International Relations Dissertations in Turkish Academia Between 2000 and 2020

Author:
Özge Özkoç and Çağlayan. Pınar
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
All Azimuth: A Journal of Foreign Policy and Peace
Institution:
Center for Foreign Policy and Peace Research
Abstract:
Dissertations are among the most important elements of academic production, along with scientific research articles and books. They not only reveal an academic’s field of research, but also provide clues as to what research methods and tools scholars will employ in postdoctoral studies. Moreover, and crucial to this paper, they are important indicators of the trajectory of research fields, as well as their general roles in the academic world. This study aims to reveal general trends/indicators in Turkish International Relations (hereafter IR) dissertations through an analysis of IR dissertations written in various Turkish universities between 2000 and 2020. There is a rather widespread claim among IR academics in Turkey that this particular community largely contributes to the Western-oriented discipline of IR as local or regional experts, dealing mainly with Turkish foreign policy and regional problems rather than with theoretical concerns in IR. A further aim of this study is to test whether this claim remains valid with the analysis of recent IR dissertations produced in Turkish universities.
Topic:
International Relations, Diplomacy, International Law, Academia, and Dissertations
Political Geography:
Turkey and Middle East

15. Dogmatik and International Criminal Law: Approximations in the Realm of ‘Language’ and ‘Grammar’

Author:
Morten Boe
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Starting from the assertion of George Fletcher that there could never be an effective International Criminal Law (ICL) without a corresponding ICL Dogmatik – understood as a supporting culture of ideas and general principles – the article attempts to retrace and critically assess the connection made between the domestic concept and the international realm; to give a first approximation of what ‘ICL Dogmatik’ is supposed to mean. While not being definable in a conclusive way, Dogmatik – as understood in the German legal system – represents a specific habitus and mindset when approaching law, providing for an autonomous legal discourse fueled by the aspiration of a coherent normative system based on argumentative rationality and close cooperation of legal scholarship and legal practice. The article argues that, while the term Dogmatik is a specific cultural expression, the substance of the concept more generally refers to and echoes universal challenges of law and legal scholarship. The urge for an ICL Dogmatik should therefore not be (mis-)understood to argue for an authoritative rule of scholars or the adoption of German legal theories on the international level. Instead, the statement enunciates the necessity to establish ICL as an autonomous normative framework of concepts and terms. Dogmatik merely stands for an abstract vision, which may help to organize legal thinking in ICL, to structure and systemize the field, and most importantly to raise awareness for the necessity to develop a shared and coherent (legal) language, which enables productive discourse between all legal families.
Topic:
International Law and International Criminal Law (ICL)
Political Geography:
Global Focus

16. The Settlement of EEZ Fisheries Access Disputes under UNCLOS: Limitations to Jurisdiction and Compulsory Conciliation

Author:
Valentin J. Schatz
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article revisits the scope of the limitation to jurisdiction ratione materiae under Article 297(3) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in the context of Exclusive Economic Zone (EEZ) fisheries access disputes in the light of recent jurisprudence of UNCLOS tribunals. It first provides an overview over general aspects of Article 297(3) of UNCLOS in the compulsory dispute settlement mechanism of Section 2 of Part XV of UNCLOS. Next, it briefly considers the relationship between Article 297(3) and Article 297(1) of UNCLOS in order to clarify the former limitation’s role in the complex internal logic of Article 297 of UNCLOS. Thereafter, this article addresses the sometimes-overlooked function of Article 297(3) of UNCLOS as a confirmation of jurisdiction with respect to fisheries disputes that are not related to the EEZ. It then analyzes the scope of the limitation to jurisdiction ratione materiae of Article 297(3) of UNCLOS in the context of fisheries access disputes. Next, this article examines the potential and limits of the compulsory conciliation procedure under Article 297(3)(b) and Annex V of UNCLOS with a focus on the scope of the procedural mandate and subject-matter competence of such conciliation commissions.
Topic:
Economics, International Law, and Fishing
Political Geography:
Global Focus

17. Compulsory Settlement of EEZ Fisheries Enforcement Disputes under UNCLOS: “Swallowing the Rule” or “Balancing the Equation”?

Author:
Camille Goodman
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
While there is a widely held view that disputes concerning fisheries in the exclusive economic zone (EEZ) are largely exempt from the compulsory jurisdiction of courts and tribunals as a result of far-reaching exceptions in Part XV of the 1982 United Nations Convention on the Law of the Sea (LOSC), this is not the case for all EEZ fisheries disputes. This article examines the specific question of disputes concerning the enforcement of fisheries laws and regulations in the EEZ, and considers how the Part XV framework has been – or could be – used and interpreted for the compulsory settlement of EEZ fisheries enforcement disputes. It examines the obligation of prompt release established in Article 292, the option to exclude compulsory jurisdiction with respect to law enforcement activities concerning EEZ fisheries by written declaration under Article 298(1)(b), and the opportunity to bring disputes concerning EEZ fisheries enforcement within the scope of compulsory jurisdiction under Article 297(1) by characterising them as relating to the freedom of navigation or the protection and preservation of the marine environment. Framing its enquiry by reference to the question posed in this special issue, the article argues that, rather than “swallowing the rule” of compulsory jurisdiction, the jurisdictional scheme established for EEZ fisheries enforcement disputes helps to “balance the equation” and support the effectiveness of Part XV in protecting the compromises that are embodied in the LOSC.
Topic:
International Law, Territorial Disputes, Fishing, and Jurisdiction
Political Geography:
Global Focus

18. Customary International Law Requiring States to Grant Nationality to Stateless Children Born in Their Territory

Author:
William Thomas Worster
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
In the most recent few years, state practice and opinio juris are increasingly converging to affirm that states must grant nationality to children born in their territory if they would otherwise be stateless. In prior scholarship, this author has argued that there is a customary international law norm requiring states to grant nationality in such cases. Certainly, UNHCR’s #IBelong campaign is a significant part of this development, placing statelessness back on the international agenda, as well as encouraging states to adhere to the statelessness conventions, adopt birth registration and statelessness determination procedures and revise domestic law. Partly due to this campaign, states are increasingly adopting practice and domestic law that provides for nationality from birth for stateless children but are also increasingly stating their opinion that such an approach is desirable, necessary and morally compelling. In fact, it is effectively impossible to identify any state that claims it has the unfettered right to refuse to grant nationality to a stateless child born in its territory. This article will complete a brief survey of recent practice and expressions of opinion, mostly as documented by UNHCR as a part of the #IBelong Campaign to End Statelessness, to confirm that this norm continues to strengthen under customary international law.
Topic:
International Law, Law, Children, Citizenship, and Nationality
Political Geography:
Global Focus

19. Scylla and Charybdis: The Self-Determination of Peoples Versus the Territorial Integrity of States

Author:
A. Kagramanov
Publication Date:
01-2022
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
LIKE Odysseus, who fell into the clutches of Scylla after escaping the whirlpool Charybdis, countries that have escaped the threat of losing territory as a result of foreign invasion are facing the threat of disintegration from within. The ancient epic by the great Homer about the adventures of the hero Odysseus, who finds himself between a rock and a hard place, involuntarily comes to mind when considering the perennial international legal dilemma about the relationship between the principle of the territorial integrity of states and the right of peoples and nations to self-determination. As Yekaterina Narochnitskaya rightly notes, self-determination, like freedom, has “its limits and its paradox.” “Just as unlimited freedom destroys itself, so the right to self-determination, elevated to an absolute, risks depriving everyone and everything of self-determination, the inevitable outcome being a chain reaction of countless conflicting expressions of will leading to a general collapse.”1 Experience shows that the principle of self-determination is subject to double standards and often politically exploited by certain groups to achieve their economic, social, ethnocratic, religious, and other narrow, sometimes purely selfish goals that contradict the original purpose of this vital international legal and (in most cases) constitutional provision. And it is for these untoward purposes that the artificial “collision” of this principle with the principle of territorial integrity is often used.
Topic:
International Law, Law, Self Determination, Conflict, Peace, and Territory
Political Geography:
Global Focus

20. Extradition in the Criminal Procedural Legislation of Ukraine:" Compliance With The European Standards

Author:
Victoriia Rohalska, Oksana Bronevytska, and Gediminas Buciunas
Publication Date:
02-2022
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.
Topic:
Human Rights, International Cooperation, International Law, European Union, and Extradition
Political Geography:
Europe and Ukraine