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11 Amsterdam L.F. 1 (2019)

handle is hein.journals/amslawf11 and id is 1 raw text is: 





                                                                  AMSTERDAM
                                                                  LAW FORUM

Editorial

WINTER ISSUE: THE MANY FACES OF INTERNATIONAL LAW

The Amsterdam Law Forum Editorial Board


The Amsterdam Law Forum welcomed a team of seven new editors and three dynamic board
members for the 2018 - 2019 academic year. Together as a team, we are proud to announce the first
issue of the year: The Winter Issue. Two more issues will follow including a themed issue that will
revolve around the Amsterdam Law Forum conference that is scheduled for late spring.

This year, it is the ambition of the board to have all scientific articles undergo a blind peer review.
We are making great progress as all scientific articles in the first issue have undergone a blind peer
review. We are grateful to all the peer reviewers who have provided insightful comments to the
authors. The new board of Amsterdam Law Forum is also pleased to announce that several academic
scholars will be joining the 2018 - 2019 Advisory Board. They will provide an advisory role to the
ALF board with their guidance and input. The ALF board is excited to work with them in the coming
months with the next issues. The Winter Issue is proud to feature three compelling scientific articles
and a captivating commentary. All articles involve aspects of international law and its on-going
importance to society.

The first contribution by Theodore Baird and Thomas Spijkerboer focuses on the human rights
obligations of carriers. Baird and Spijkerboer construct a persuasive argument for dismantling the
existing system of carrier sanctions in Europe, North America, and Australia. By applying the UN's
Guiding Principles to these sanctions, the authors first identify five points of human rights leakage
stemming from   their use: (1) the refusal of boarding, (2) positive obligations, (3) the limited
possibilities for the identification of refugees by carriers, (4) the limited possibilities for foreseeing
what adverse human rights impact might follow a refusal to board an individual, and, finally (5) the
harsh economic consequences likely to follow for carriers systematically transporting insufficiently
documented passengers. These leakages are understood to contribute to the structural injustices of
denial of refugee protection, and border deaths, that frequently characterize the contemporary
migratory movement. By herein adopting Iris Young's Social Connection Model of Responsibility to
these human rights consequences the authors argue that the carriers themselves may - in contrast to
the conventional liability model- be assigned responsibility for this contribution through a sense of
'shared accountability' incurred by connection or relation to structurally unjust social processes.
Envisioned this way responsible carriers as 'gatekeepers' would ultimately have to perform their role
in a different way to limit their own role in the process - by, for example, transporting all passengers
with insufficient documentation or engaging in limited and strategic civil disobedience.

The second scientific article, written by Sarah Redmond, explores religious discrimination towards
children in France and in Ireland. The juxtaposition of their vastly different ways of addressing
religion in schools makes this article a riveting piece. The Irish education system is vastly made up

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