Finnish Yearbook of International Law Volume 24, 2014

Description

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Contents Articles Explaining the Emergence of Transnational Counter-Terrorism Legislation in International Law-Making 1. Introduction 2. Reasons for Transnational Counter-Terrorism Legislation 3. Elements of Transnational Counter-Terrorism Legislation 4. Techniques for the Creation of Transnational Counter-Terrorism Legislation 5. Conclusion Diplomatic Assurances in Cases of Expulsion to Torture: A Critical Analysis 1. Introduction 2. The Definition and History of Diplomatic Assurances in International Law 3. The Dichotomy between Diplomatic Assurances in the Cases of Expulsion to Torture and the Principle of Non-Refoulement to Torture 4. The Effectiveness of Diplomatic Assurances in the Cases of Expulsion to Torture: A Critical Analysis 5. Conclusion Delimiting the ICC's Ominous Shadow: An Analysis of the Inability Criterion's Nebulous Contours 1. Introduction 2. Introduction to the Concept of Inability 3. A Vague and Problematic Definition 4. How should we Understand Inability? 5. Conclusion Special Section: Sovereignty, Territory and Jurisdiction The Ukraine Crisis as a Paradigm of the Limits of International Law and the West's Faults 1. Introduction 2. Russia's Legal Argumentations for the Annexation of
Crimea 3. Russia's Violations of International Law 4. The Reaction of the International Community to the Ukraine Crisis 5. Is the Principle of Self-Determination Applicable to Crimea? 6. Similarities and Differences between Crimea and Kosovo 7. Conclusions Jurisdiction in International Human Rights Law: Application of the European Convention to Soldiers Deployed Overseas 1. Introduction 2. Legal Framework 3. Soldiers before the Supreme Court 4. Implications 5. Conclusion Intervention by Invitation and the Principle of Self-Determination in the Crimean Crisis 1. Introduction 2. The Legal Basis: From Politics to Law 3. Intervention by Invitation and the Principle of Self-Determination: Symbiosis or Conflict? 4. The Crimean Question: A New Opportunity for Intervention by Invitation and Secession? 5. Conclusions Uti Possidetis: The Procrustean Bed of International Law? 1. Introduction 2. The Origins of Uti Possidetis 3. Contemporary Status of Uti Possidetis 4. A Structural Conflict within International Law 5. Uti Possidetis: From a Procrustean Bed to a Pragmatic Requirement From Authorisation to Multi-Parliamentarism: Parliaments in Global Law-Making 1. Introduction 2. Parliaments and Post-National Affairs: A Historical and Theoretical Approach 3. The Authorisation Model: A Brief Comparative Survey 4. The Sunset of Authorisation—Political Sensitivity from National to Global: A Threat to Institutional Pluralism? 5. Increasingly Global Law-Making: De-territorialisation and Functionalisation of Interests 6. The Emerging Multi-dimensional Public Sphere—A Multi-Parliamentary Model to Legitimise Global Law-Making 7. Conclusions Book Reviews From Cold War to Cyber War: The Evolution of the International Law of Peace and Armed Conflict over the last 25 years edited by Hans-Joachim Heintze and Pierre Thielbörger. Heidelberg: Springer, 2016. ISBN 978-3-319-19086-0 Advanced Introduction to the Law of International Organisations by Jan Klabbers. Edward Elgar Publishing, 2015. 132 pp. ISBN 1-78254-427-2 Research Handbook on International Law and Cyberspace edited by Nicholas Tsagourias and Russell Buchan. Edward Elgar Publishing, 2015. xxvii + 517 pp. ISBN 978-1-78254-738-9 Weapons under International Human Rights Law edited by Stuart Casey-Maslen. Cambridge University Press, 2014. 633 pp. ISBN 978–1–107–02787–9 Statehood and Self-Determination: Reconciling Tradition and Modernity in International Law edited by Duncan French. Cambridge University Press, 2013. 581 pp. ISBN 978-1107029330 New Finnish Doctoral Dissertations in International Law The Dual Face of Defence—A Revision of the Concept of Defence in the Jus ad Bellum The Debate on the Fragmentation of International Law: A Critical Analysis by Anne-Charlotte Martineau, Doctoral Dissertation, University of Helsinki, 2014 1. The Debate on Fragmentation 2. Unity-Multiplicity 3. Exhaustiveness 4. Against the Box 5. Aesthetics State Responsibility in International Law: From Paradigm to Periphery Dark and Bright Sides of Human Rights: Towards Pragmatic Evaluation by Jari Pirjola, väitöskirja, Helsingin yliopisto, 2016 Victims’ Status at International and Hybrid Criminal Courts: Victims’ Status as Witnesses, Victim Participants/Civil Parties and Reparations Claimants 1. Background, Research Questions and Hypotheses 2. Structure, Sources/Methodology, Aimed Contributions to the Legal Field 3. General Conclusions