REV - Anuario Español de Derecho Internacional - 2022 - Vol. XXXVIII
Permanent URI for this collectionhttps://hdl.handle.net/10171/66488
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Results
- Decisiones de los órganos judiciales españoles en materia de Derecho internacional público(Servicio de Publicaciones de la Universidad de Navarra, 2022) Vázquez-Serrano, I. (Irene); Estrada-Tanck, D. (Dorothy)
- Pacific Islands in the face of sea level rise: some reflections from an international law perspective(Servicio de Publicaciones de la Universidad de Navarra, 2022) Giraudeau, G. (Geraldine)Because they are at the frontline of climate change, Pacific islands’ governments and populations have early alerted on effects of sea level rise, a phenomenon that raises an urgent and existential threat in this part of the world. Among the legal questions emerging from that emergency, consequences on territorial integrity and sovereignty, State continuity, permanence of maritime limits and boundaries, as well as protection of human rights, are of crucial importance. Pacific islands’ representatives pushed for more awareness on those issues, and they are also actively participating to the construction of legal responses, particularly in the framework of the Pacific Islands Forum (PIF). This article proposes an analysis of consequences of sea level rise from an international law perspective, focusing on Pacific States and territories. Effects of sea level rise being more present and documented in Oceania than in any other area in the world, a regional approach deserves specific attention and can usefully serve a general reflection on these challenges. The text thus aims to study impacts of sea level rise on territorial integrity and human rights at a regional scale, and to address more general prospects on development of international law.
- La crisis migratoria de 2020 en las Islas Canarias: algunas opciones de solidaridad europea(Servicio de Publicaciones de la Universidad de Navarra, 2022) Acosta-Sánchez, M. A. (Miguel A.)The migratory crisis in the Canary Islands, as a consequence of the covid-19 pandemic and its socio-economic impact, as well as an unprecedented diplomatic crisis between Spain and Morocco, have demonstrated our country’s inability to cope on its own with the massive arrival of immigrants at its external borders. Considering that the response to this phenomenon cannot be solely national but supranational, it is worth identifying some solidarity mechanisms in the EU context that could have been applied to the case of the Canary Islands, especially in the area of temporary protection of migrants and the civil protection mechanism.
- Protecting Human Rights While Conducting Military Operations Abroad: a Critical Analysis of The European Court of Human Rights’ Recent Judgement in «Hanan v. Germany»(Servicio de Publicaciones de la Universidad de Navarra, 2022) Jürgenssen, T.E. (Theresa Erna)On February 16, 2021, the Grand Chamber of the European Court of Human Rights released its judgement in Hanan v. Germany (2021). The case concerned the alleged violation of Articles 2 and 13 of the European Convention of Human Rights by Germany regarding an airstrike ordered by German Colonel Klein in Afghanistan. The case raised several questions the answers of which could be impactful for all Contracting Parties to the Convention conducting military operations abroad. This paper critically explores the past-case law by the Court and the answers given by the Court in Hanan concerning two of these questions. First, the question concerning the extraterritorial applicability of the Convention to airstrikes. This matter had previously been addressed by the Court in the highly criticised case of Banković and Others v. Belgium and Others (2001); since the facts of Hanan show various similarities to Banković, the Court in Hanan had a chance to change its position on this matter and clarify what would be the state’s responsibilities when using military force abroad. Second, the question of attribution, i.e., whether Contracting Parties operating as part of an international organisation can be held responsible for impugned acts under the Convention.
- El Derecho a la Autodeterminación en serio: el Sahara Occidental, piedra de toque de la Unión Europea como «Comunidad de Derecho» y como Actor Internacional(Servicio de Publicaciones de la Universidad de Navarra, 2022) Ruiz-Miguel, C. (Carlos)From 1998 to 2013 the eu supported the negotiation Morocco-Polisario Front (PF) to achieve the political self-determination of the Sahrawi people while negotiating with Morocco some agreements which were applied to Western Sahara without mention it. In several decisions (2015-2018) the ECJ stated that the EU agreements with Morocco should be applied only in Morocco. In 2019, the Council and the Commission included explicitly the Western Sahara in the EU agreements with Morocco ignoring the PF, its representative. The 2021 Tribunal judgements, if confirmed by the Court, will close the door to this double-speak recognizing the PF as a party in the negotiation of the political self-determination while refuses to recognize its party role regarding the economic self-determination.
- Politics and War in Historical and Theoretical Perspective. With EU Case Study(Servicio de Publicaciones de la Universidad de Navarra, 2022) Delalić, S. (Selma); Olovčić, A. (Adem)The aim of this paper is to shed light on the dominant theoretical paradigms and show their sustainability in the last 150 years, following the historical context of the interrelationship between politics and war. Starting from Clausewitz’s thesis on war as a continuation of politics by other, violent means, the paper thematizes the dominant wars in the twentieth century, World War I and II, their causes and connection with politics, which proves to be an essential element of every war. Namely, war has always been the consequence of political decisions and as such a significant political tool for achieving a certain goal. In this context, the Cold War period unequivocally confirms Clausewitz’s realist thesis, showing that war is not necessarily an armed conflict, but that it is nonetheless a political matter. After the collapse of the Soviet Union and the end of the Cold War, realism and liberalism regained prominence and emerged as significant theories on war and security. Both theories have their roots in the twentieth century, and therefore their paradigm becomes insufficient to answer the new questions posed by the nature of interdependent world. Nevertheless, these theories, especially liberalism, show their practical application and stand at the core of the ideological basis for the formation of the European Union. In this sense, Europe, after centuries of wars fought on its soil, displays the possibility of successful cooperation. As a result, war appears not only as a continuation of politics by violent means, but as a constituent element of systems and states in the modern world.
- Una cuestión de derechos humanos: las prácticas nocivas descritas en la meta 5.3. de la Agenda 2030: el matrimonio infantil, precoz y forzado, y la mutilación genital femenina(Servicio de Publicaciones de la Universidad de Navarra, 2022) Morán-Blanco, S. (Sagrario)This work analyzes, first of all, the concepts of child, early and forced marriage, and female genital mutilation, scourges present in many countries of international society and that affect millions of children and women. Second, the main factors that favor these practices, the social, economic and human consequences that the generate are studied; and the fundamental rights violated. The third part analyzes the legal, political and social measures that, since the end of the 20th, have been applied bu the different actors of the international Society: States, International Organizations and NGOs, fundamentally, for the eradication of Child, Precocious and Forced Marriage, and Female Genital Mutilation.
- El final del examen preliminar sobre la situación de Colombia ante la Corte Penal Internacional: ¿éxito de la estrategia de complementariedad positiva de la Fiscalía o cierre en falso?(Servicio de Publicaciones de la Universidad de Navarra, 2022) Vacas-Fernández, F. (Félix)On the 28th October 2021 the Chief Prosecutor of the International Criminal Court decided to close the Preliminary Examination on the situation of Colombia, the longest one up to now. That is why it is the time to make an analysis on the more than 17 years long of Preliminary Examination, paying especial attention to the application of the so-called positive complementarity, on the one hand; and to the decision to close it and the new design model of future cooperation between the Office of the Prosecutor and Colombia, on the other. Blowing in the wind remains the question on whether this decision is the result of the successful, at least in part, application of that strategy or, on the contrary, it can be a rash or premature decision, a false closure that may lead to its future reactivation.
- La contribución del «soft law» a la no proliferación biológica y química(Servicio de Publicaciones de la Universidad de Navarra, 2022) Chinchilla-Adell, M. (Mónica)The new threats of the 21st century, such as the prominence of non-state actors, the new modalities of terrorism and the hazardous weapons of mass destruction, emphasise the need of a real and effective collective cooperation. Within this context, conventional mechanisms targeting biological and chemical weapons export controls do not seem to be sufficient. The role of soft law for non-proliferation purposes must be therefore considered. In particular, this study analyses how export control regimes, such as the Australia Group, the MTCR and the Wassenaar Arrangement, together with the Proliferation Security Initiative, play a significant part in the effective control of dual-use strategic items.
- La misión de asistencia de las Naciones Unidas para Afganistán en el nuevo escenario de un gobierno de facto talibán(Servicio de Publicaciones de la Universidad de Navarra, 2022) Lirola-Delgado, M.I. (M. Isabel)The new situation in Afghanistan following the withdrawal of all U.S. troops and NATO forces, and the consequent establishment of a de facto Taliban government raises a plurality of international legal issues. Of such matters, this paper focuses on the UN presence through the United Nations Assistance Mission in Afghanistan (UNAMA), seeking to answer questions about how the Taliban’s rise to power has impacted the mission’s work, and what its future may be in the short and medium term.