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11. The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Force

Author:
Erika de Wet
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article examines how two prominent criteria for permissible military intervention by invitation as developed in doctrine are currently implemented by states as well as how this impacts the prohibition of the use of force. Controversies concern, in particular, the determination of the authority entitled to extend the invitation, as recently illustrated by the Russian claim that its military intervention in the Crimea was based on the invitation of (former) President Yanukovych. Does the inviting authority need to enjoy democratic legitimacy and/or be in de facto control of a state’s territory? Furthermore, it remains highly contentious whether an invitation for forcible intervention may be extended during a civil war. By analysing modern state practice in Africa – where most of the contemporary invitations for military assistance occur – and comparing it with recent developments in other regions, the author concludes that effective control rather than democratic legitimacy is (still) the point of departure for determining the legitimate government of a state. Once recognized, incumbent governments enjoy a large discretion when inviting military assistance from foreign governments. They seem to retain the right to military assistance even in situations of civil war and while exercising limited control over the territory.
Topic:
International Law, Sovereignty, United Nations, and Military Intervention
Political Geography:
Africa, Russia, Europe, and Crimea

12. Interrogations of Consent: A Reply to Erika de Wet

Author:
Dino Kritsiotis
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article presents a critical engagement with the issue of force and intervention undertaken with the consent of the state in whose territory it ultimately occurs and offers a critical assessment of Erika de Wet’s article ‘The Modern Practice of Intervention by Invitation in Africa and Its Implication for the Prohibition of the Use of Force’. It considers the different interpretative approaches suggested for consent and the Charter of the United Nations’ prohibition of force as well as the principle or principles that have come to govern the issuing of valid consent in international law. The contribution turns to some of the methodological positions taken in exploring the continuing validity of the so-called ‘effective control principle’ in modern African practice, and, as it does so, it probes the utility of questions for the jus ad bellum of ‘other’ international law (such as developments within the jus in bello and the law on self-determination).
Topic:
International Law, Sovereignty, United Nations, and Military Intervention
Political Geography:
Africa and Europe

13. Is Flexible Integration Harming the Prospect of a Common Acquis?

Author:
Filippa Chatzistavrou
Publication Date:
03-2014
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
In the post-Lisbon era and especially since the outburst of the financial and European sovereign debt crisis, the EU has been changing significantly, to the extent that the meaning and the process of integration are being affected. While constitutional asymmetry is a longstanding feature of the EU polity, the real challenge today is the expanding scope and fragmented character of newly established forms of flexibility, and how they are being used politically. The flexible configuration of integration reinforces a trend toward fragmented integration. Flexibility within the EU could become an end in itself, a device to serve a wide range of strategic visions and preferences in sectoral politics.
Topic:
Politics and Sovereignty
Political Geography:
Europe and Lisbon

14. Table of Contents

Publication Date:
10-2014
Content Type:
Journal Article
Journal:
Journal of International Relations and Development
Institution:
Central and East European International Studies Association
Abstract:
Sovereignty at sea: the law and politics of saving lives in mare liberum Tanja E Aalberts and Thomas Gammeltoft-Hansen When 'blurring' becomes the norm and secession is justified as the exception: revisiting EU and Russian discourses in the common neighbourhood Eiki Berg and Martin Mölder Foreign policy analysis, globalisation and non-state actors: state-centric after all? Rainer Baumann and Frank A Stengel Regional integration and the challenge of overlapping memberships on trade Mwita Chacha Practicality by judgement: transnational interpreters of local ownership in the Polish-Ukrainian border reform encounter Xymena Kurowska.
Topic:
Foreign Policy, Globalization, Politics, and Sovereignty
Political Geography:
Russia, Europe, and Ukraine

15. What Future for Human Rights?

Author:
James W. Nickel
Publication Date:
08-2014
Content Type:
Journal Article
Abstract:
Like people born shortly after World War II, the international human rights movement recently had its sixty-fifth birthday. This could mean that retirement is at hand and that death will come in a few decades. After all, the formulations of human rights that activists, lawyers, and politicians use today mostly derive from the UN Universal Declaration of Human Rights, and the world in 1948 was very different from our world today: the cold war was about to break out, communism was a strong and optimistic political force in an expansionist phase, and Western Europe was still recovering from the war. The struggle against entrenched racism and sexism had only just begun, decolonization was in its early stages, and Asia was still poor (Japan was under military reconstruction, and Mao's heavy-handed revolution in China was still in the future). Labor unions were strong in the industrialized world, and the movement of women into work outside the home and farm was in its early stages. Farming was less technological and usually on a smaller scale, the environmental movement had not yet flowered, and human-caused climate change was present but unrecognized. Personal computers and social networking were decades away, and Earth's human population was well under three billion.
Topic:
Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, and International Affairs
Political Geography:
United States, Japan, China, Europe, Asia, and United Nations

16. The Future of Human Rights: A View from the United Nations

Author:
Andrew Gilmour
Publication Date:
08-2014
Content Type:
Journal Article
Abstract:
Ever since the Charter of the United Nations was signed in 1945, human rights have constituted one of its three pillars, along with peace and development. As noted in a dictum coined during the World Summit of 2005: "There can be no peace without development, no development without peace, and neither without respect for human rights." But while progress has been made in all three domains, it is with respect to human rights that the organization's performance has experienced some of its greatest shortcomings. Not coincidentally, the human rights pillar receives only a fraction of the resources enjoyed by the other two—a mere 3 percent of the general budget.
Topic:
Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, and International Affairs
Political Geography:
Europe and United Nations

17. From Empire to Sovereignty — and Back?

Author:
Jens Bartelson
Publication Date:
08-2014
Content Type:
Journal Article
Abstract:
Sovereignty apparently never ceases to attract scholarly attention. Long gone are the days when its meaning was uncontested and its essential attributes could be safely taken for granted by international theorists. During the past decades international relations scholars have increasingly emphasized the historical contingency of sovereignty and the mutability of its corresponding institutions and practices, yet these accounts have been limited to the changing meaning and function of sovereignty within the international system. This focus has served to reinforce some of the most persistent myths about the origin of sovereignty, and has obscured questions about the diffusion of sovereignty outside the European context.
Topic:
Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, and International Affairs
Political Geography:
Europe

18. Contrasting Rhetoric and Converging Security Interests of the European Union and China in Africa

Author:
Anna Stahl
Publication Date:
03-2011
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
In recent years, both the European Union (EU) and the People's Republic of China (PRC) have considerably stepped up their presence in Africa, including in the field of peace and security. This article discusses how the EU's and China's understanding of governance and sovereignty affects their respective security strategies in Africa. It argues that although European and Chinese rhetoric significantly differs in terms of the doctrines of sovereignty and governance, the conventional wisdom of two competing security models is inaccurate. As a matter of fact, Brussels and Beijing pursue converging security interests in Africa, a fact that can open the door for coordinated Sino-European crisis management efforts.
Topic:
Human Rights and Sovereignty
Political Geography:
Africa, China, Europe, and North America

19. Ukraine’s Foreign Policy: Gains, Problems, and Prospects

Author:
Yevhen Shulha
Publication Date:
01-2010
Content Type:
Journal Article
Journal:
National Security and Defence
Institution:
Razumkov Centre
Abstract:
Among the main tasks and functions of the foreign policy, I wish in the first place to mention the following. First, the foreign policy is to provide reliable external guarantees for national security, state sovereignty and territorial integrity. Second, the authorities’ actions on the international arena should concentrate on creation of a comprehensive effective system to protect the rights of Ukrainian citizens abroad. Third, the foreign policy is to utmost promote the national economy development, secure a decent place for Ukraine in the international division of labour, promote interests of domestic business on the world markets. And finally – Ukraine’s action in the foreign policy should be consistent, predictable, responsible and clear for our partners both in the West and in the East. Effective attainment of those tasks requires, on one hand, internal stability, consolidation of the lead political forces and institutes of governance, which will ensure public legitimacy of the foreign political course. On the other – optimal, balanced and clearly coordinated mechanisms of foreign political activity need to be created. Unfortunately, recently, those preconditions have not been fully provided in Ukraine. The Foreign Ministry was working in difficult conditions of domestic instability and under the influence of the global economic crisis. But even in such conditions, the foreign office managed to achieve substantial gains and improve the situation in the main foreign policy domains. However, along with gains, Ukraine’s foreign policy now faces a number of challenges that, in absence of an adequate response, can bring about unfavourable trends and hinder attainment of Ukraine’s national interests. Reversal of those trends presents an urgent and priority task for the new government formed in Ukraine after the 2010 presidential elections.
Topic:
Foreign Policy, National Security, and Sovereignty
Political Geography:
Europe and Ukraine

20. Migration and Cultural Interaction across the Centuries: German History in a European Perspective

Author:
Dirk Hoerder
Publication Date:
06-2008
Content Type:
Journal Article
Journal:
German Politics and Society
Institution:
German Politics and Society Journal
Abstract:
Once upon a time, German studies seemed to be an easy field to define. Like fairytales, the resulting stories were addressed to a faithful audience—but here, an audience of adults, true believers in the nation and nation state. Today, by contrast, we understand that defining area studies is, in fact, a highly complex task involving overlapping regions and social spaces, and analyses of borderlands, interpenetrations, and métissage, as well as of processual structures and structured processes. Even geographies have become “processual.” The origins of area studies are often traced to the U.S., the hegemon in the Atlantic world's academe, and the emergence of American studies in the 1930s. Nevertheless, something like area studies also emerged in Europe in the late nineteenth century, juxtaposing 1) a country and its colonies; and 2) a country and its neighbors. The former were inferior societies, the latter competitors in world markets and, repeatedly, enemies in war. Area studies—after a preceding period of knowledge acquisition as reflected in early mapmaking— became colonial studies, competitor state studies, enemy state studies—in each case transnational, transterritorial, and transcultural. Unable to deal with the concept of “trans,” i.e., with fuzzy borders and shifting categories and geographies, scholars in each bordered country set their own society, their Self, as the “yardstick.” The Other, the delimited opposite, was meant as a background foil before which their respective own nation was to appear as the most advanced and to which—knowledge and interest are inextricably linked—the profits from worldwide trade and the spoils from colonial acquisitions were naturally due (Folien- or Spiegeltheorie). Since then, motivations for country studies have become more complex but they basically are framed still by bordered territories, “national culture,” national consciousness or identity, nation-state policies, and international relations. Once the ideology of “nation” is abandoned, the blindfold removed so to say, it appears that German-language people may be studied in America or Russia—or Africans, Poles, and Turks in the German-language societies (plural!).
Topic:
Sovereignty
Political Geography:
Africa, Russia, America, Europe, Turkey, and Germany