JournalTOCs

Baltic Yearbook of International Law Online
Number of Followers: 4

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1569-6456 - ISSN (Online) 2211-5897
Published by Brill Academic Publishers

[229 journals]

Preliminary Material
- Authors: Editor Baltic Yearbook of International Law Online
  Abstract: Source: Volume 15, Issue 1, pp I - X
  PubDate: 2016-07-01T00:00:00Z
Foreword: Fifty Shades of Gray
- Authors: José E. Alvarez
  First page: 1
  Abstract: Source: Volume 15, Issue 1, pp 1 - 30
  PubDate: 2016-07-01T00:00:00Z
Did the States Which Founded the UN Have Liberal or Illiberal
Governments?
- Authors: Bill Bowring
  First page: 31
  Abstract: Source: Volume 15, Issue 1, pp 31 - 44
  PubDate: 2016-07-01T00:00:00Z
The Second Part of the Ideal Theory of John Rawls in Transplanted and
Revisited
- Authors: Maria Varaki
  First page: 45
  Abstract: Source: Volume 15, Issue 1, pp 45 - 54John Rawls in the second part of his Ideal Theory as it is developed in the Law of the Peoples, argues that both liberal and non-liberal but decent people can still be considered to be people in good standing in a reasonable society of people and proposes the toleration of non-liberal but decent societies by the liberal ones. Within this framework, the current proposal will focus on the relationship between the ‘West’ and the Russian Federation as it has evolved after the collapse of the Soviet regime through recent developments on human rights protection and the regulation of the use of force or the “law of peace” as Rawls claims. The aim of this endeavor is twofold. First, to provide a critical assessment of liberal theories such as cosmopolitan constitutionalism, which promote a particular liberal understanding of global governance based on common values and universal goals. Second, to examine the potential but also limits of the Rawlsian theory of toleration towards the development of a more pluralistic normative analysis of the global order which will be neither utopian nor apologetic but one that will contribute into the realization of a “realistic utopia” between pure liberal and non-pure liberal states.
  PubDate: 2016-07-01T00:00:00Z
Ideology of Liberalism and International Law
- Authors: Oleksandr Merezhko
  First page: 55
  Abstract: Source: Volume 15, Issue 1, pp 55 - 61
  PubDate: 2016-07-01T00:00:00Z
Will the Real Transitology Please Stand Up?
- Authors: John D. Haskell
  First page: 62
  Abstract: Source: Volume 15, Issue 1, pp 62 - 76
  PubDate: 2016-07-01T00:00:00Z
The Non-Native Speakers of International Law: The Case of Russia
- Authors: Anna Dolidze
  First page: 77
  Abstract: Source: Volume 15, Issue 1, pp 77 - 103This article presents a metaphor that might explain Russia’s approach to international law. Drawing on linguistics, the article proposes that Russia has been a non-native speaker of international law. A non-native speaker’s experiences range from estrangement and disengagement from the foreign language and its speech community to that of empowerment and inspiration nurtured by the acquisition of a new language and a new multilingual identity. Thus, as a non-native speaker, Russia has approached international law with two rhetorical moves: as a disaffected foreigner and as an empowered multilingual subject who aspires to uphold and interpret the rules of the language recently acquired. As a multilingual speaker fluent in the language of international law, Russia has asserted control over judgments of grammaticality and has disagreed with previously determined linguistic rules established by the native-speaking community.The notion of a non-native speaker of international law can apply to states other than Russia. Policymakers and intellectual leaders of other countries, including China, might perceive themselves as non-native speakers in their encounters with the western European foundations of the language of international law. Finally, the article explores the future of international law by asking whether non-native speakers who have been gaining fluency in the parlance of international law will continue to develop their own linguistic repertoire, build their own vocabularies, and advance their own assertions regarding rules of grammar. The future of international law might be diglossic, as two varieties of its language, shared by different speech communities and practiced in different contexts, may be established.
  PubDate: 2016-07-01T00:00:00Z
From Illiberal to Incorrigible: A New Strategy for Humanitarian
Enforcement Action in Syria
- Authors: Isobel Roele
  First page: 104
  Abstract: Source: Volume 15, Issue 1, pp 104 - 133The Syrian civil war has caused heartbreaking human suffering. Proponents of decisive action to end this suffering have tended to frame their case in terms of liberal values such as democracy, human rights and the rule of law. In framing the humanitarian issue in this way, advocates of UN Security Council involvement have emphasized the illiberality of the ‘Assad regime’ in order to promote the acceptability of coercive enforcement action under Chapter VII of the UN Charter. I argue that this rationale is counterproductive as it guarantees that the Russian Federation will veto any proposal for Chapter VII measures. Russia favours an inclusive Syrian-led political solution to the Syrian civil war and fears that any invocation of Chapter VII will provide Western powers with carte blanche for regime change, effectively repeating – in Russia’s eyes – NATO’s action in Libya in 2011. This article offers an alternative way of framing arguments for humanitarian enforcement action that is intended to side-step Russia’s objections. This strategic re-framing replaces the logic of illiberality with the logic of incorrigibility. This strategy takes its inspiration from Michel Foucault’s work on disciplinary power, making an admittedly unorthodox use of Foucauldian analytics to do so. The incorrigibility strategy seeks to bypass Russian fears about regime change by adopting a threshold for Chapter VII action based on a measured phenomenon – the repeated failure by the parties to correct their behaviour in line with UNSC prescriptions. Apart from providing a threshold for enforcement action, the logic of incorrigibility also shapes the eventual Chapter VII measures taken because it focuses on correcting the parties’ behaviour and because it yields highly specified and relatively controllable mandates for coercive action which limit states’ interpretation of what is required of them to carry out the UNSC’s decisions.
  PubDate: 2016-07-01T00:00:00Z
Russia, the Security Council, and the Return of History
- Authors: Charlotte Steinorth
  First page: 134
  Abstract: Source: Volume 15, Issue 1, pp 134 - 147
  PubDate: 2016-07-01T00:00:00Z
Russia’s Illiberal Ideology and Its Influences on the Legislation in the
Sphere of Civil and Political Rights
- Authors: Kerttu Mäger
  First page: 148
  Abstract: Source: Volume 15, Issue 1, pp 148 - 168
  PubDate: 2016-07-01T00:00:00Z
Russia and International Criminal Law
- Authors: Gleb Bogush
  First page: 169
  Abstract: Source: Volume 15, Issue 1, pp 169 - 180
  PubDate: 2016-07-01T00:00:00Z
International Legal Norms in the System of the Ukrainian Constitution
- Authors: Leonid Tymchenko
  First page: 181
  Abstract: Source: Volume 15, Issue 1, pp 181 - 190This article studies influence of international legal norms on the Ukrainian Constitution. Special attention is given to the provisions of Article 9 of the Constitution which regulates the implementation of international treaties in the legal system of Ukraine. The creation and main directions of activity of the Constitutional Assembly are analyzed. The author arrived at the conclusion that the main drawback of the current Constitution is the declarative nature of some constitutional provisions.
  PubDate: 2016-07-01T00:00:00Z
A Critique of Western Discourses of International Law and State
Sovereignty through Chinese Lenses
- Authors: Phil C.W. Chan
  First page: 191
  Abstract: Source: Volume 15, Issue 1, pp 191 - 215
  PubDate: 2016-07-01T00:00:00Z
China an Illiberal, Non-Western State in a Western-centric, Liberal
Order?
- Authors: Wim Muller
  First page: 216
  Abstract: Source: Volume 15, Issue 1, pp 216 - 237
  PubDate: 2016-07-01T00:00:00Z
Liberalism in International Trade, Illiberalism in Domestic Economic
Governance and Human Rights Protection in the Context of the WTO
- Authors: Vladislav Mulyun
  First page: 238
  Abstract: Source: Volume 15, Issue 1, pp 238 - 248This analysis focuses on one aspect of liberalism – the fundamental human right to fair trial – and discovers the possibility for private actors to protect domestically their (human) rights violated by infringements of WTO commitments.In the course of the discussion of relations between the issues of human rights protection and WTO States obligations several dimensions can be revealed.
  PubDate: 2016-07-01T00:00:00Z
Symbols of Illiberalism in the World of Liberal States
- Authors: Veronika Bílková
  First page: 249
  Abstract: Source: Volume 15, Issue 1, pp 249 - 267
  PubDate: 2016-07-01T00:00:00Z
Value Pluralism without the Value of Pluralism? “Homosexual
Propaganda” Bans as a Litmus Test for the Acceptance of Liberal and
International Human Rights Norms in the Post-Communist States
- Authors: Aleksandra Gliszczyńska-Grabias; Anna Śledzińska-Simon
  First page: 268
  Abstract: Source: Volume 15, Issue 1, pp 268 - 284
  PubDate: 2016-07-01T00:00:00Z
A Glass Half Empty? Execution of Judgments of the European Court of Human
Rights in Central and Eastern Europe
- Authors: Jernej Letnar Černič
  First page: 285
  Abstract: Source: Volume 15, Issue 1, pp 285 - 302This article critically examines weak execution of judgements of the European Court of Human Rights from the perspective of on-going innate struggle between ideas of liberalism and illiberalism in transitional societies of Central and Eastern European countries. This article thereafter identifies and analyses the reasons for poor execution of judgements in most Central and Eastern European states from the perspective of (il)liberalism, trying to draw out lessons concerning the understanding of current failures of those states to comply with the European Convention for the Protection of Human Rights and Fundamental Freedoms. Equipped with this knowledge, this article goes on to argue that some common reasons for non-execution of judgement can be identified across Central and Eastern European states. It argues that those reasons can be inter alia located in legal formalisms, authoritarian judicial cultures and lack of self-criticisms of judicial structures. To this end, this article suggests how Central and Eastern European states could overcome the hurdles posed by remains of socialist legal culture in a manner that will live up to their obligations concerning execution of judgements of the European Court of Human Rights.
  PubDate: 2016-07-01T00:00:00Z
“Transplanting” Democracy and Human Rights in a Post-communist
Country: Some Comments on the Role of the Venice Commission’s Opinions
with Respect to Romania
- Authors: Laura-Maria Crăciunean
  First page: 303
  Abstract: Source: Volume 15, Issue 1, pp 303 - 331
  PubDate: 2016-07-01T00:00:00Z
The End of the End of History: Some Epitaphs for Liberalism
- Authors: Gerry Simpson
  First page: 332
  Abstract: Source: Volume 15, Issue 1, pp 332 - 343
  PubDate: 2016-07-01T00:00:00Z