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  • Author: Thomas H. Mayor
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: Karl Marx formulated his ideas in the middle of the 19th century when much of Europe, particularly England, was well along in what is often referred to as the Industrial Revolution. The central Marxist idea was that those who had wealth would reap the benefit of this revolution and become ever more wealthy while those who lived from their labor alone would be relegated to a bare subsistence. In his view, capital accumulation and increases in productivity do not benefit those who work for a living. Allegedly, those who own the means of production (wealth) and supposedly perform no work, receive all the benefits.
  • Topic: Government
  • Political Geography: Europe, England
  • Author: Edmund S. Phelps
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: In his most recent tome, Edmund Phelps, the 2006 Nobel Laureate in Economic Science, addresses a topic crucial to successful national capitalist systems: the dynamics of the innovation process. Phelps develops his thesis around three main themes: In part one, he explains the development of the modern economies as they form the core of early—19th century societies in the West; in part two, he explores the lure of socialism and corporatism as competing systems to modern capitalism; and, in part three, he reviews post-1960s evidence of decline in dynamism in Western capitalist countries.
  • Topic: Economics
  • Political Geography: United States, Europe
  • Author: Felix Germain
  • Publication Date: 01-2015
  • Content Type: Journal Article
  • Journal: Political Science Quarterly
  • Institution: Academy of Political Science
  • Abstract: In this well-written book, Saladin Ambar adds substance to the extensive literature on Malcolm X. Retracing the steps of Malcolm X in France and England, where he debated at the Oxford Student Society, Ambar contends that the debate comprises the foundation of Malcolm X's political philosophy, particularly the one he espoused at the end of his life. Indeed, during this important debate, not only did Malcolm X outline a notion of humanity based on a universal principal of equality, but he also described the struggle for equality in the United States, Europe, and Africa as an emancipatory process for both the oppressor and the oppressed. - See more at: http://www.psqonline.org/article.cfm?IDArticle=19336#sthash.O9m49nRo.dpuf
  • Topic: Politics
  • Political Geography: Africa, United States, Europe, England
  • Author: Andrew Glencross
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: International Affairs
  • Institution: Chatham House
  • Abstract: This article scrutinizes the merits of holding a referendum over UK membership of the EU. It queries the assumption that direct democracy can somehow resolve the longstanding Europe question in British politics. To do this, the analysis traces the existence of an exceptionalist approach to the EU within Britain, now associated with re-negotiating UK membership in the shadow of a referendum. The article argues that the prospects for a radical reconfiguration of the UK's treaty obligations are slim, thereby increasing the risk of a vote to withdraw. Yet withdrawal would be the opposite of a simple solution to the Europe question. Political and economic interests dictate lengthy politicking over a highly complex post-Brexit settlement revisiting free movement of goods, services, capital and people. Such negotiations undermine any mooted cathartic benefits of a popular vote, while Eurosceptics will remain dissatisfied in the event of a yes, a result likely to further destabilize the Conservative Party. Consequently, the simplicity and decisiveness that a referendum—particularly one that spurns the EU—promises is merely a mirage as relations with the EU necessarily form part of an enduring British political conversation.
  • Topic: Politics
  • Political Geography: Britain, Europe
  • Author: David Blagden
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: International Affairs
  • Institution: Chatham House
  • Abstract: The international system is returning to multipolarity—a situation of multiple Great Powers—drawing the post-Cold War 'unipolar moment' of comprehensive US political, economic and military dominance to an end. The rise of new Great Powers, namely the 'BRICs'—Brazil, Russia, India, and most importantly, China—and the return of multipolarity at the global level in turn carries security implications for western Europe. While peaceful political relations within the European Union have attained a remarkable level of strategic, institutional and normative embeddedness, there are five factors associated with a return of Great Power competition in the wider world that may negatively impact on the western European strategic environment: the resurgence of an increasingly belligerent Russia; the erosion of the US military commitment to Europe; the risk of international military crises with the potential to embroil European states; the elevated incentive for states to acquire nuclear weapons; and the vulnerability of economically vital European sea lines and supply chains. These five factors must, in turn, be reflected in European states' strategic behaviour. In particular, for the United Kingdom—one of western Europe's two principal military powers, and its only insular (offshore) power—the return of Great Power competition at the global level suggests that a return to offshore balancing would be a more appropriate choice than an ongoing commitment to direct military interventions of the kind that have characterized post-2001 British strategy.
  • Topic: Security, Cold War
  • Political Geography: Russia, China, Europe, Brazil
  • Author: Olexiy Haran, Maria Zolkina
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Mass protests in Maidan, the central square of Kyiv, during the bitter cold winter of 2013-2014, known as 'Euromaidan' or 'Revolution of Dignity' were non-violent for more than two months. The demonstrations began when, under Russian pressure, former President Viktor Yanukovych abruptly resisted in signing the long promised Association Agreement with the EU. However, when President Yanukovych, reputed for his corruption and authoritarian style, responded to the peaceful protests by violent repression, Euromaidan quickly moved beyond its initial slogans and demanded the president's resignation. In February 2014, after security forces started to shoot protesters, Ukraine became one of the only countries in the world where a hundred people died “under the EU flags” defending democracy and the European choice. In this context, according to the agreement signed on February 21, 2014, between the opposition and President Yanukovych, the parliament returned to the 2004 constitutional reform and, consequently, combined a parliamentary-presidential form of government. The 2004 constitutional reform had previously been unconstitutionally abolished by President Yanukovych in 2010 and its restoration was among the main demands of the Euromaidan.
  • Topic: Government
  • Political Geography: Europe, Ukraine
  • Author: Canan Balkir, İlkay Südaş
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: As a country in transition from emigration to immigration, Turkey hosts many diverse migrant groups, creating a very dynamic research field to explore. Amongst them, European retirees have settled in the coastal Turkish Riviera. This paper tries to understand the perspectives of both retired EU migrants and local hosts on migration and settlement processes. After briefly describing the geographical distribution of EU citizens in Turkey, the paper focuses on the demographic characteristics and socio-economic integration of retired migrants in Antalya, the most popular destination in Turkey.
  • Topic: Economics
  • Political Geography: Europe, Turkey
  • Author: Susan Beth Rottmann
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: In conversation with recent work on transnational social fields, this article explores how Germany and Turkey are linked through a “set of multiple, interlocking, networks of social relationships” . The article examines how the social field affects migrants returning from Germany to Turkey. Specifically, it describes how the transnational social field emerges through a concrete set of economic, political and cultural exchanges. It also illustrates that the social field is a space of imaginations of Germany and Turkey, reflecting and producing citizens' uncertainties about the “Europeanness”. For German-Turkish return migrants, the transnational social field exacerbates conflicts with non-migrants and fosters anxieties about migrants' “Germanization” and loss of “Turkishness.” Ultimately, this research shows that Turkish citizens remain deeply concerned about the meaning of modernity, Muslim citizenship in Germany, and Turkey's current and future position in Europe.
  • Topic: Economics
  • Political Geography: Europe, Turkey, Germany
  • Author: Judith Zijlstra
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: This article discusses Turkey's increasing role as a country of immigration by using the case study of Iranian migration to Turkey. While Turkey predominantly functions as a transit country for Iranians on their way to the West, this article will focus on a small group of Iranian migrants who went to Turkey with the purpose of transit but eventually settled down in the country. At the same time, the article investigates the concepts of “transit” and “settlement” among a growing group of Iranian students who entered Turkish universities in recent years. In which ways can these students be compared to other Iranian migrants in Turkey? And to what extent are Turkey's institutions for higher education becoming an easy channel for migrants looking for ways to leave their home country?
  • Topic: Migration
  • Political Geography: Europe, Iran, Turkey
  • Author: Emilian Kavalski
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: The discussion of China's growing prominence in international life has attracted the increasing attention of policy-makers, the public and scholars alike. Usually sidelined by the mainstream, such interest in China's role and position in global politics has grown exponentially in the context of the deepening concomitant economic, social and political crises across Europe and North America – which, until very recently, were considered the traditional locales of power and influence in world politics. Indicative of the emerging weight and significance of non-Western actors on the global stage, the trend set by China seems to challenge the conventional framework of the study and practice of International Relations (IR).
  • Topic: International Relations, Economics
  • Political Geography: China, Europe, North America
  • Author: Niklas Helwig, Carolin Rüger
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: When Catherine Ashton took up office as High Representative of the Union for Foreign Affairs and Security Policy (HR), she met with high expectations - and much disappointment. As the first incumbent of the remodelled position, she had the chance to leave a legacy for her successor, but faced an unclear job description. What was the HR's role in EU foreign policy? It is argued that the HR acted as a diplomat and manager of EU external action, while her role performance in co-leadership and brokering were less successful. Role expectations and performance entered a fragile equilibrium at the end of Ashton's tenure. However, the future role of the HR might shift more towards a co-leader of EU foreign policy.
  • Topic: Security, Foreign Policy
  • Political Geography: Europe
  • Author: Uwe Puetter
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The Lisbon Treaty fundamentally changed the presidency regime of the European Union at the expense of one of the oldest and most central institutions of European integration: the rotating presidency. The chair positions of the European Council, the Foreign Affairs Council and the Eurogroup have been decoupled from the rotating presidency. Understanding the reduced role of the rotating presidency requires attention for the changing dynamics of EU policymaking, especially for the new intergovernmentalism which implies decision-making outside the classic community method and for the rise of the European Council to the status of a lead institution.
  • Topic: Government
  • Political Geography: Europe, Lisbon
  • Author: Heather Grabbe, Nadja Groot
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The 2014 elections brought a record number of xenophobic populist parties into the European Parliament (EP). They have a strong incentive to be more united and active than in previous terms, and they could use the Parliament to shape voter attitudes, pressure mainstream parties to adopt more xenophobic rhetoric, fragment the mainstream right, and obstruct parliamentary proceedings. The rise of xenophobic populism could affect the open society through the EU's policies and budget if it alters EP debates on issues that split left and right, particularly Roma exclusion, migration and asylum, and EU external policies and development aid.
  • Topic: Development
  • Political Geography: Europe
  • Author: Ivan Krastev
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The European elections failed to mobilise public support for the European project. Despite the strong showing of populist parties in the European Parliament, there are indications that the European Union would rather be transformed than destroyed by the current political crisis.
  • Topic: Politics
  • Political Geography: Europe
  • Author: Geoffrey Pridham
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The European Union has a unique opportunity to develop a positive strategy towards Ukraine. A pro-EU government is now in power in Kyiv, there is a revived civil society pressing for democratic reforms and the actions by Russia have both reinforced Ukraine's pro-West line and led to the priority given Moscow being questioned by some member states. It is therefore essential to grant Ukraine a membership perspective to strengthen this trend and encourage Kyiv to confront and overcome the basic problems that face the country.
  • Topic: International Relations, Government, Reform
  • Political Geography: Russia, Europe, Ukraine, Moscow
  • Author: Ondrej Ditrych
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The crisis in Ukraine has turned the tables of the post-Cold War relationship between the United States and Russia. The ongoing transformation can result in a number of outcomes, which can be conceived in terms of scenarios of normalisation, escalation and 'cold peace' - the latter two scenarios being much more probable than the first. NATO ought to shore up its defences in Central and Eastern Europe while Washington and its allies engage in a comprehensive political strategy of 'new containment'. This means combining political and economic stabilisation of the transatlantic area with credible offers of benefits to partners in the East and pragmatic relations with Russia which are neither instrumentalised (as was the case with the 'reset') nor naïvely conceived as a 'partnership'.
  • Topic: International Relations, NATO, Cold War, Economics
  • Political Geography: Russia, United States, Europe, Washington, Ukraine
  • Author: Serena Giusti, Enrico Fassi
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The European Endowment for Democracy (EED) is a recently established instrument of democracy promotion intended to complement existing EU tools. Fashioned after the US National Endowment for Democracy, the EED's privileged area of action is the European neighbourhood. Meant as a small rapid-response, actor-oriented 'niche' initiative, its main task is to select those actors, from both civil and political society able to produce a change in their country. The EED represents a step forward in the EU's capacity to foster democracy, but does not necessarily go in the direction of more rationality and effectiveness. Not all EU member states support the EED with the same enthusiasm and it is still not clear how it fits into the EU's overall democracy promotion architecture. Its actions may be successful in a very constrained timeframe. However, recent crises at the EU's borders would seem to call for a strategy that takes into consideration systemic hindrances, post-regime change complexities, regional dynamics and finally rival plans of autocracy promotion.
  • Political Geography: United States, Europe
  • Author: Jean-Pierre Cassarino
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Readmission is not simply a means of removing undesirable foreigners through coercive methods. When viewed as a way of ensuring the temporary stay of foreign workers in the labour markets of European destination countries, readmission may also impact on the participatory rights of a growing number of native workers facing equally temporary (and precarious) labour conditions, in a context marked by employment deregulation and wage flexibility. These implications have clear democratic significance. A new analytical perspective applied to the expansion and development of the readmission system, is aimed at promoting a reflection on an unexplored research area bridging the gap between labour migration regulation and labour market deregulation.
  • Topic: Development
  • Political Geography: Europe
  • Author: Anna Triandafyllidou, Angeliki Dimitriadi
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: EU migration and asylum policy is facing tough challenges at the southern borders of the Union as migration and asylum pressures rise, fuelled by political instability and poverty in several regions of Asia and Africa. Current European border control practices create three spaces of control: externalised borders, through readmission and return agreements which enrol third countries in border control; the EU borders themselves through the work of Frontex and the development of a whole arsenal of technology tools for controlling mobility to and from the EU; and the Schengen area, whose regulations tend to reinforce deterrence at the borders through the Smart Border System. As a result, the EU's balancing act between irregular migration control and protection of refugees and human life clearly tips towards the former, even if it pays lip service to the latter. More options for mobility across the Mediterranean and more cooperation for growth are essential ingredients of a sustainable migration management policy on the EU's southern borders. In addition asylum management could benefit from EU level humanitarian visas issued at countries of origin.
  • Topic: Development, Migration
  • Political Geography: Africa, Europe, Asia, Cameroon
  • Author: Elena Baracani
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Review of: Is the EU Doomed?, by Jan Zielonka, Polity Press, 2014.
  • Political Geography: Europe
  • Author: Oliver Geden, Severin Fischer
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: For many years, the EU pursued the strategy of 'leading by example' in international climate negotiations. Climate policy has generally been seen as one of the few policy fields in which the EU is able to develop coherent positions and speak with a single voice. Since the Copenhagen climate summit, however, frictions inside the EU and a paradigm shift have become increasingly evident. With the October 2014 compromise in the European Council on a new framework for 2030, the international climate negotiations have become less important and a more incremental domestic approach has prevailed.
  • Political Geography: Europe
  • Author: Tomas Wyns
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Intended nationally determined contributions (INDCs) for mitigation of greenhouse gas emissions are expected to be an important part of a post-2020 climate agreement under the UNFCCC. However, it is not certain yet what these INDCs will contain and how they will be assessed. The EU Emissions Trading System (EU ETS) faced similar challenges in its first years (2005-12). Thus, the mechanisms and lessons learned under the EU ETS could be applied to the INDCs to create a governance and assessment system that increases transparency and builds trust among parties to the UNFCCC.
  • Topic: Climate Change
  • Political Geography: Europe
  • Author: Zhang Xiaotong
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The Chinese policy and academic communities have mixed views about the US-led TPP, either viewing it as a strategic attempt at encircling China, or as a positive spur for domestic reform and opening-up. Although the Chinese government adopted an open and flexible attitude towards the TPP, it has moved strategically by accelerating the negotiations of the RCEP and China-Korea FTA, as well as updating its FTA with ASEAN. A more interesting development is China's new initiatives for building two grand silk roads, one to Central Asia, leading on to Europe, and the other to Southeast Asia, leading on to the Indian Ocean. Both represent China's renewed confidence in finding its role in Asia.
  • Topic: Government
  • Political Geography: China, Europe, Asia
  • Author: Douglas Lute
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Ambassadors Review
  • Institution: Council of American Ambassadors
  • Abstract: At the North Atlantic Treaty Organization (NATO) Summit in Wales on September 4-5, 2014, NATO leaders were clear about the security challenges on the Alliance's borders. In the East, Russia's actions threaten our vision of a Europe that is whole, free, and at peace. On the Alliance's southeastern border, the Islamic State of Iraq and the Levant's campaign of terror poses a threat to the stability of the Middle East and beyond. To the south, across the Mediterranean, Libya is becoming increasingly unstable.
  • Topic: NATO
  • Political Geography: Europe, Middle East, Libya
  • Author: Daniel V. Speckhard
  • Publication Date: 09-2015
  • Content Type: Journal Article
  • Journal: Ambassadors Review
  • Institution: Council of American Ambassadors
  • Abstract: After serving for two challenging years in the chaos of a war zone as the Deputy Chief of Mission in Iraq, I received word that I would become the next Ambassador to Greece. To be quite honest, I had mixed feelings. I looked forward to the challenge, but I imagined the post would be too sedate compared with the adrenalin-charged days and world-shaping events in Iraq. It was anything but. Within a year of my arrival, the streets were aflame with violent protests over a police shooting of a teenager. A year later, snap elections brought a socialist government to power. And soon thereafter, the onion was further peeled to expose a financial crisis and a crumbling economic foundation built on a corrupt, oligarchic, and debt-addicted system fed by billions of dollars of public and private EU loans and grants.
  • Topic: Corruption, Economics, Politics, Financial Crisis, European Union
  • Political Geography: Europe, Greece
  • Author: N. Nevra Esentürk
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: Alternatives: Turkish Journal of International Relations
  • Institution: Center for International Conflict Resolution at Yalova University
  • Abstract: EU governance is characterized as a multi-level system in which various actors are involved in the policy-making procedure at multiple levels in a non-hierarchical way. During the course of the European integration process, EU governance has been brought forward as a response to the citizens' quest for a legitimacy through enhanced democratization in the decision-making mechanisms and as a tool that would increase the leverage and competitiveness of the EU to have an efficient way of functioning for the enlargement of the Union. In that respect, the legitimacy and the representative power of the EU and its institutions are put under scrutiny, as powerful and at the same time efficient decision-making mechanisms are necessary for the EU. However, although significant changes are enshrined in the Lisbon Treaty regarding the decision-making procedure and policy outcomes, it has been limited with struggle between cooperation and competition at vertical and horizontal levels under the shadow of supranational hierarchy that has created mistrust on the EU institutions and decision-making structures from the perspective of citizens. The article addresses this issue on the grounds of the reasons and the circumstances in which EU governance emerged, the principles and characteristics it is based on, the means and ways it utilizes, and the effects on the decisionmaking process of the EU.
  • Political Geography: Europe, Lisbon
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: From time to time, we are asked about the relationship between EJIL and the European Society of International Law (ESIL). That relationship is simple: the Journal and the Society are two separate, but mutually supportive and complementary entities. Indeed, past and present EJIL Editors can boast, with parental pride, of having been present at the conception, as well as the birth, of the Society! From its inception, membership in ESIL has included automatic online and print subscriptions to EJIL – including very soon a tablet version.The relationship has only strengthened in recent years, with ESIL Presidents and Presidents-elect serving ex officio on the EJIL Board. It is in the spirit of that growing bond that we wholeheartedly share in ESIL's 10-year celebrations, and have invited the following Guest Editorial from its leadership.
  • Topic: International Relations
  • Political Geography: Europe
  • Author: Lauri Mälksoo
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This introductory article opens the symposium which examines the legacy of the Russian international lawyer Friedrich Fromhold von (or Fyodor Fyodorovich) Martens (1845–1909). In the first section, the article critically reviews previous research and literature on Martens and discusses the importance of the Martens diaries that are preserved in a Moscow archive. In the second section, the article offers an intellectual portrait of Martens and analyses the main elements in his international legal theory as expressed in his textbook. In particular, his claim that international law was applicable only between 'civilized states' is illuminated and discussed.
  • Topic: International Law
  • Political Geography: Russia, Europe
  • Author: Rein Müllerson
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article concentrates on two controversial aspects of the writings of Friedrich Fromhold Martens – his treatment of the so-called mission civilisatrice of European nations and the potential clash of the two roles an international lawyer may have to perform: in the service of international law and representing national interests of his/her country or other clients. Both of these aspects in Martens' work have not lost their topicality; it is illuminating to draw parallels between his time and today's world.
  • Topic: International Law
  • Political Geography: Europe
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: There was an error in the title of this article. The correct title is: The Venice Commission of the Council of Europe – Standards and Impact. The title has been corrected in the online version of EJIL. The publishers would like to apologize for this error and for any confusion caused.
  • Political Geography: Europe
  • Author: Stéphanie Hennette Vauchez
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Building on the heightened attention that the optic of judicial selection receives in the world of international courts, this article focuses its attention on one particular criterion that is gaining in importance in that respect: gender. By choosing the European Court of Human Rights as a case in point, the article provides a unique analysis of the history of the 2004 Resolution of the Council of Europe's parliamentary assembly that formulated a rule of gender balance on the list of candidates presented by states for the post of judge at the Court. It first unearths the dynamics that allowed the adoption of the rule as well as all of the fierce opposition it triggered as well as the ways in which counter-mobilization eventually prevailed and watered down the initial rule, with the help of states, the Committee of Ministers and the Court itself (which delivered its first advisory opinion on the topic in 2008). It then looks beyond the static analysis of the rule as a mere constraint and addresses in a more dynamic fashion the multiple interpretations, strategies and, ultimately, politics it opens up. By providing a unique qualitative, comparative and exhaustive analysis of the curriculum vitae of all the 120-odd women who were ever listed as candidates to the Strasbourg judicial bench (1959–2012), the article delivers original data and analyses both the features that women candidates put forth when listed for the job and the strategies of states with regard to the gender criterion. It concludes that while there is a strong proportion of candidates that support the notion that states do not differentiate according to gender or require different qualities from men and women candidates, there is a comparable proposition that contrarily indicates that the world of international judicial appointments is far from gender neutral.
  • Topic: Human Rights, Politics
  • Political Geography: Europe
  • Author: Françoise Tulkens
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Having spent almost 14 years as a judge at the European Court of Human Rights, the author responds to and shares the critical view expressed by Hennette Vauchez in her article on the presence of women judges at the European Court of Human Rights. Some steps forward have admittedly been made through the voluntary action of the Council of Europe Parliamentary Assembly, but there has also been resistance in the implementation of these new rules. The gains are fragile and there are risks of regression. This situation confirms Kenney's analysis: women's progress is not natural, inevitable nor irreversible. A reaction is all the more necessary and urgent since, in the coming months of 2015 and subsequently, many elections of judges to the Court will take place, due in particular to the non-renewable nine-year term of office of judges introduced by Protocol No. 14 to the European Convention on Human Rights.
  • Topic: Human Rights
  • Political Geography: Europe
  • Author: Fionnuala Ní Aoláin
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article responds to a thoughtful intervention by Stéphanie Hennette Vauchez documenting the selection process for women seeking judicial appointment to the European Court of Human Rights. Written in the context of the author's experience as candidate for appointment to the Court, the analysis concentrates on the gendered dimensions of international institutional cultures, habits and practices that frame selection to judicial office as much as any formally applicable rules. I explore the ways in which ostensible access to international judicial bodies conceals the manifold ways in which Courts are coded masculine, and how female candidacy requires careful deliberation on performance, presentation and identity. Drawing on 'new institutionalism' theory, I underscore that female presence alone rarely undoes embedded institutional practices. Rather, transforming institutional practices and values must parallel female presence, thereby redefining the institution and the forms of power it exercises. The article concludes by reflecting on the importance of feminist judging, and argues that it is precisely the transformative political and legal changes sought by self-defined feminists that may stand the best chance of undoing the structures, habits and practices that continue to exclude women from being appointed and from engaging on terms of full equality when they arrive.
  • Topic: Human Rights
  • Political Geography: Europe
  • Author: Paolo Lobba
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Litigation concerning domestic restrictions on Holocaust denial has produced a 30-year-long jurisprudence of the European Court and European Commission of Human Rights. In spite of solemnly declared principles on free speech, the Strasbourg organs have progressively developed an exceptional regime in this regard based on the 'abuse clause' envisaged under Article 17. Had this detrimental treatment remained confined to its original sphere, it could have perhaps been considered as a negligible issue. However, the scope of the abuse clause was extended to encompass a growing class of utterances, including the denial of historical facts other than the Nazi genocide. This piece begins by examining the Strasbourg case law on Holocaust denial, with a view to enucleating the effects, scope and conditions of applicability of the special regime based upon Article 17. Once the shortcomings implied by this detrimental discipline have been exposed, it shall be argued that all expressions should be dealt with under the ordinary necessity test, in which the abuse clause ought to operate as an interpretative principle. In the alternative, and as a minimum, the Court should pay due regard to the political and social context of the country where restrictions on free speech were enforced, setting aside the uniquely harsh treatment reserved for Holocaust denial.
  • Topic: Genocide, Human Rights
  • Political Geography: Europe
  • Author: Bernard M. Hoekman, Petros C. Mavroidis
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Plurilateral agreements in the context of the World Trade Organization (WTO) allow sub-sets of countries to agree to commitments in specific policy areas that only apply to signatories and thus allow for ‘variable geometry’ in the WTO. Plurilateral agreements share a number of features with preferential trade agreements (PTAs), which are increasingly used by governments to liberalize trade in goods and services. This article discusses the current institutional framework that governs these two alternatives and distinguishes them from the general, non-discriminatory agreements that are negotiated among – and apply to – all WTO members. Current WTO rules make it much more difficult to pursue the plurilateral route than to negotiate a PTA. We review the arguments for and against making it easier for ‘issue-specific’ clubs to form in the WTO and discuss how concerns raised by some WTO members regarding the potential negative impact of plurilateral agreements on the multilateral trading system might be addressed. We take the view that action to facilitate the negotiation of plurilateral agreements in the WTO should be considered and that the potential downsides for the multilateral trading system can be managed.
  • Topic: Economics, Political Economy, World Trade Organization, Law
  • Political Geography: Europe, Italy
  • Author: Kirsty Gover
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, rights that do not derive from those bargains threaten to undermine them. This is especially true of self-governance and collective property rights, which are corporate rights vested to historically continuous indigenous groups. Since these rights cannot easily be reconciled with the equality and non-discrimination principles that underpin mainstream human rights law, settler governments must navigate two modes of liberalism: the first directed to the conduct of prospective governance in accordance with human rights and the rule of law and the second directed to the reparative goal of properly constituting a settler body politic and completing the constitution of the settler state by acquiring indigenous consent. Agreements help to navigate this tension, by insulating indigenous and human rights regimes from one another, albeit in ways not always supported by the UNDRIP.
  • Topic: Human Rights, International Law, United Nations, Governance
  • Political Geography: Europe, Canada, United Nations, Australia, New Zealand, United States of America
  • Author: Ilias Bantekas
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Ottoman state practice in the field of state succession in the 19th century displayed strict adherence to the European notions of international law. This is evident from the ratification of cession treaties, attention to reciprocity, the use of mediation and reliance on the existing laws of war principles, including the legal effects of occupation, conquest and the rights and duties of belligerents. This article focuses on state succession treaties with Greece since they represented the paradigm for all future treaties, and it examines the Islamic origin of Ottoman land regulation. The Ottomans succeeded in attaching a further condition to their cession arrangements with the new Greek state, namely the latter’s obligation to respect the property rights of Muslim citizens. This arrangement brought into play the application of Ottoman land law, to which Greece was under no obligation to succeed. This body of law, particularly the set of property rights bestowed under it, became a focal point in the ensuing state succession negotiations. It was the actual basis of Muslim property rights – a precursor to contemporary property rights – and a sine qua non element of Ottoman practice in the law of state succession. In this light, Ottoman land law and institutions should correctly be considered to be general principles of law – with origins from the Quran and the early caliphates – as well as regional custom, at least in the territories liberated from Ottoman rule, which continued to apply and enforce it not only among Muslims but also in the property relations of the indigenous ethnic communities.
  • Topic: International Law, Islam, Treaties and Agreements, History, Land Law
  • Political Geography: Europe, Greece, Ottoman Empire
  • Author: Oren Perez
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The objective of the present article is to develop a better understanding of the institutional dynamic of transnational regulatory scientific institutions (RSIs). RSIs play a significant role in the transnational regulatory process by mediating between the scientific community and policy-making bodies. I argue that RSIs have a hybrid structure involving both political-legal and epistemic authority. The hybrid structure of RSIs – their capacity to exert both normative and epistemic authority – constitutes an innovative response to the demand of modern society for scientific certainty and to the scarcity of normative power in the international domain. This hybrid nature has a triple structure involving three complementary pairs: law~science, law~non-law and science~pseudoscience. I examine the way in which RSIs cope with the challenge of maintaining their epistemic and legal authority against the tensions generated by their hybrid structure. The discussion of hybrid authority is related to the problem of scientific uncertainty. I examine this theoretical argument drawing on an in-depth analysis of three RSIs that reflect the institutional diversity of the RSI network: the Intergovernmental Panel on Climate Change, the International Commission on Non-Ionizing Radiation Protection and the European Committee of Homeopaths. I conclude with a discussion of some of the policy issues associated with the institutional design of RSIs. The policy discussion refers, first, to the risk posed by RSIs’ hybrid structure to their internal stability and, second, to some potential adverse social impacts that need to be considered alongside RSIs’ projected benefits.
  • Topic: International Law, Science and Technology, Law, Regulation
  • Political Geography: Europe, Italy
  • Author: Stefan Talmon
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Methodology is probably not the strong point of the International Court of Justice or, indeed, of international law in general. Unlike its approach to methods of treaty interpretation, the Court has hardly ever stated its methodology for determining the existence, content and scope of the rules of customary international law that it applies. There are only isolated references in the Court’s jurisprudence to the inductive and deductive method of law determination. It is not only the Court itself that has largely remained silent on its methodology for the determination of customary international law, but the legal literature also has had little to say on this subject. In view of the fact that determining the law has also always meant developing, and ultimately creating, the law it is surprising that the question of the Court’s methodology has attracted such little interest. This article aims to refocus attention on the methodology used by the Court when determining the rules of customary international law that it applies, and it highlights the role played by methodology in the development of customary international law. It starts by defining the terms ‘induction’ and ‘deduction’ and examining their use by the Court. It then explores the situations in which the Court uses inductive and deductive reasoning, the different forms and functions of deduction and the relationship between the two methods. The article challenges the various theories distinguishing between inductive and deductive custom and demonstrates that the main method employed by the Court is neither induction nor deduction but, rather, assertion.
  • Topic: International Law, Law, Legal Theory , Courts
  • Political Geography: Europe, The Hague
  • Author: Guy Fiti Sinclair
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article argues that the growth of international organizations over the past century has been imagined and carried out in order to make modern states on a broadly Western model. The proliferation of international organizations and the expansion of their legal powers, through both formal and informal means, raise profound questions regarding the relationship between international law’s reforming promise and its imperialist perils. The article proposes a new analytic framework for understanding these phenomena, focusing on the rationalities of international organizations’ powers and the technologies through which they are made operable. It argues that both the growth of international organizations and the cultural processes of state formation are impelled by a dynamic of liberal reform that is at once internal and external to law. That dynamic and the analytic framework proposed here are both illustrated and exemplified through a critical account of the emergence of international organizations in the 19th century.
  • Topic: Imperialism, International Law, International Organization, History , State Formation
  • Political Geography: Europe, United Nations
  • Author: Ilias Plakokefalos
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article addresses the preliminary steps that must be taken in order to study the problems stemming from overdetermination in the law of state responsibility. Overdetermination, broadly defined, is the existence of multiple causes (multiple wrongdoers, external natural causes, contribution to the injury by the victim and so on) contributing towards a harmful outcome. As relationships among states become more and more complex, there is a corresponding increase in the complexity of the potentially harmful outcomes of these relationships. The fact that the harm caused may originate in diverse sources (overdetermination) poses challenges to the law of state responsibility. These challenges pertain to most aspects of state responsibility, yet their dimension regarding causality has not been studied in depth. The confusion surrounding causal analysis conducted by international adjudicatory bodies leads to decisions that are not convincing in their determination of responsibility in causal terms. The argument of the article is twofold. First, it holds that the concept of causation in international law is unclear, especially in relation to overdetermination, and it must be clarified. Second, it holds that a clearer concept of causation can provide useful guidance to the decision-making process of international courts and tribunals: the clear and principled application of causal tests will, in turn, lead to clearer reasoning. A clearer judicial reasoning will improve the foreseeability of the judicial outcome, will provide better guidance for the parties before a court and will lead to a fairer judicial process.
  • Topic: International Relations, International Law, Legal Theory , Courts
  • Political Geography: Europe, The Hague
  • Author: Daniel Joyce
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article considers whether the Internet has become so significant, for the provision of, and access to, information and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of expression. In short, should Internet freedom be configured as a human right? The article begins by considering the ubiquity of the Internet and its significance. A wider historical view is then taken to understand Internet freedom in terms of its lineage and development from earlier debates over freedom of expression and the right to communicate, through to the recognition of the significance of an information society and the need for Internet regulation on the international plane. The current debate over Internet freedom is then analysed with particular focus given to Hillary Clinton’s speech on Internet freedom and its subsequent articulation by Special Rapporteur Frank La Rue. The concluding part introduces the critical work of Evgeny Morozov and Jaron Lanier to an international law audience in order to deepen the debate over Internet freedom and to point to the concept’s limitations and dangers. It is too early to say whether a ‘right to Internet freedom’ has achieved universal recognition, but this article makes the case that it is worth taking seriously and that Internet freedom may need its own category of protection beyond freedom of expression.
  • Topic: Human Rights, International Law, History, Regulation, Internet, Freedom of Expression
  • Political Geography: Europe, Global Focus, United States of America
  • Author: Sungjoon Cho, Thomas H. Lee
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article uses an ongoing trade controversy litigated in US courts and the World Trade Organization dispute resolution system as a vehicle for exploring different models to deal with parallel adjudications in different legal systems between the same or related parties on the same issue. In lieu of more traditional models of subordination or first-to-decide sequencing, the article proposes an engagement model as a solution to the double-courts, single-issue problem.
  • Topic: International Law, International Trade and Finance, World Trade Organization, Courts
  • Political Geography: China, Europe, United States of America
  • Author: Mónica García-Salmones Rovira
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: In this review of three works (Jörg Kammerhofer’s Uncertainty in International Law: A Kelsenian Perspective; Jean d’Aspremont’s Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules ; and International Legal Positivism in a Post-Modern World, a collection of essays edited by Kammerhofer and d'Aspremont), Mónica García-Salmones Rovira argues that: Theological statements about morality and law to the effect that they ought to be autonomous or that they ought to coincide defy reality, history and common sense and suffer from intellectual inconsistency. On the contrary, from our long legal history appear at least two clear facts about the relationship between morality and law. First, they both conflate in the same acting individual. Second, in the legal sphere, the individual always acts in communication with other individuals. Whether one aims at investigating the normative principles of the first fact, of what makes a good lawyer, or of the second, of what makes good law and the related issue of responsibility, we are always thinking in terms of practical action. Probably, it is in that practical province where international law has its greater emancipatory potential in a post-modern world.
  • Topic: Human Rights, International Law, Religion, Legal Theory
  • Political Geography: Europe, Italy
  • Author: Robert Howse
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This rich and erudite work provides a valuable scholarly apparatus for understanding the writing and teaching of four important figures in international law and international relations. Three of them, Hans Kelsen, Hans Morgenthau and Hersch Lauterpacht, are well known; the fourth, Erich Kaufmann, much less so. The general thesis of the book is that to understand fully the personal and intellectual trajectories of all of these figures, one needs to appreciate the specific German–Jewish experience, from emancipation through the Shoah, the particular situation of the Jews in the legal profession and the academy in Germany, and the responses of these thinkers to experiences of persecution, discrimination and exile due to their Jewish family backgrounds as well as to the establishment of the State of Israel.
  • Topic: International Relations, International Law, Judaism, History , Intellectual History, Zionism
  • Political Geography: Europe, Germany, Israel
  • Author: Matthias Goldmann
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: According to mainstream functionalist theories of international law and relations, international organizations are vehicles of states, tied to their masters by meticulous legal instructions. As Jan Klabbers recently pointed out in this journal,1 functionalism was based on the idea of establishing peace by channelling international relations into the purportedly technical, a-political realm of international organizations. Research of the last couple of decades has profoundly rebutted the assumption that international organizations are a-political. They have been discovered, among others, to serve as platforms for the formation of epistemic communities, as agorae for political deliberation and contestation or to use their bureaucratic potential and the flexibility of their mandates to establish a degree of independence from their principals. The book by Tana Johnson, professor of political science at Duke University, adds another important perspective that has not been explored so far. She turns our attention to the fact that institutional design might matter for the international organization’s independence from member states. As chief witness for her thesis, she summons the Intergovernmental Panel on Climate Change (IPCC). Originally a brainchild of the US government, it is today a fairly independent institution fallen from grace with its master. Johnson argues that it owes its independence to the influence of international bureaucracies – that is, staff of other international organizations, upon the process that led to its establishment. The thesis puts the spotlight on the fact that a majority of new international organizations that saw the light of the day during the last decades was fostered by pre-existing international organizations.
  • Topic: International Relations, Climate Change, International Law, International Organization, Governance
  • Political Geography: United States, Europe
  • Author: Rosemary Byrne
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The claims made by migrants seeking protection under the 1951 Convention Relating to the Status of Refugees (Refugee Convention) have created a staggering body of state practice emerging from the interpretation by national courts of what is the earliest universal human rights treaty. The first edition of James Hathaway’s The Law of Refugee Status, alongside Guy Goodwin-Gill and Jane McAdam’s The Refugee in International Law, is one of the essential texts on every refugee lawyer’s bookshelf. Now in its second edition, co-authored by Hathaway and Michelle Foster, The Law of Refugee Status is likely to maintain its standing.
  • Topic: International Law, Treaties and Agreements, United Nations, Refugees, Courts
  • Political Geography: Europe, United Nations, Mediterranean
  • Author: Eric De Brabandere
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: There clearly is no dearth in publications dealing with the burgeoning field of international investment law. And one might wonder whether another handbook is needed on the subject. Yet Arnaud de Nanteuil’s Droit International de l’investissement has certain features that make the book of particular interest. Notably, it constitutes the first francophone handbook exclusively dedicated to international investment law.
  • Topic: International Law, International Trade and Finance, Treaties and Agreements, Courts
  • Political Geography: Europe, France
  • Author: Peter H. Sand
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The tale of the Chagos Archipelago (British Indian Ocean Territory, BIOT) raises a wide spectrum of transnational legal questions, all across the fields of human rights, environment and disarmament. Last-born of the Empire’s colonies, the BIOT was established – and systematically depopulated – for the sole purpose of accommodating a strategic US military base during the Cold War years in 1965–1966. The territory has since generated extensive litigation in the national courts of the United Kingdom (UK) and the USA as well as proceedings in the European Court of Human Rights and an arbitration under Annex VII of the Convention on the Law of the Sea (UNCLOS). Stephen Allen, senior lecturer at the University of London’s Queen Mary College, has long followed and commented on legal developments in the Chagos cases as an observer. The focus of his attention remains the plight of the native Chagossians, a small Kreol-speaking people of African and Malgasy origin, whose exile (mainly to Mauritius, the Seychelles and the UK) has lasted for more than 40 years.
  • Topic: Environment, Human Rights, Imperialism, International Law, History, Courts, Disarmament, Displacement
  • Political Geography: Britain, United States, Europe, Chagos Islands
  • Author: Ekaterina Yahyaoui Krivenko
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: A poem by Ekaterina Yahyaoui Krivenko.
  • Topic: Globalization, Human Rights, International Law, Constitution
  • Political Geography: Europe, Global Focus
  • Author: Jaime Tijmes
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The World Trade Organization’s (WTO) Dispute Settlement Understanding (DSU) favours negotiated settlements for disputes. However, arbitrations according to Article 22.6 of the DSU have been carried out as compulsory conventional arbitrations, even though such arbitrations do not offer strong incentives for the parties to reach a settlement. For quite some time, scholars have studied other forms of arbitration that may encourage settlements more strongly, such as final offer arbitration. Yet this form of arbitration has received rather limited attention in the academic discussion about dispute settlement under the WTO. This article explores to what extent final offer arbitration might make sense for settling WTO disputes and concludes that it would be suitable for arbitrations pursuant to Article 22.6 of the DSU, specifically for setting the level of suspension of obligations and, under certain circumstances, for deciding on so-called cross-retaliation pursuant to Article 22.3 of the DSU. Before negotiations start, parties to a dispute should agree on final offer arbitration if arbitration should be deemed necessary. Such an agreement might be expressed in a pre-emptive joint proposal on procedural aspects. Amendment of the DSU would then be unnecessary.
  • Topic: International Law, International Trade and Finance, Treaties and Agreements, World Trade Organization
  • Political Geography: Europe, Global Focus
  • Author: Lorna McGregor
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The presumption that courts are the principal forum for dispute resolution continues to be eroded. Alternative forms of dispute resolution (ADR), including agreement-based ADR (such as mediation and conciliation) and adjudicative ADR (such as arbitration), continue to proliferate and are increasingly institutionalized, leading to their characterization as ‘appropriate’ or ‘proportionate’ dispute resolution. Interestingly, despite these developments, the position of international human rights law (IHRL) on two key questions regarding ADR and proportionate dispute resolution (PDR) is unclear. These questions are, first, the standards of justice expected of ADR/PDR (whether entered into voluntarily or mandatorily). Second, the permissible circumstances in which parties to a dispute can be required to use ADR/PDR instead of, or before, accessing courts. The attributes and challenges with ADR/PDR have been discussed extensively in socio-legal studies, feminist literature and the dedicated ADR/PDR literature. This article seeks to bring this vast theory on the diversification and institutionalization of dispute resolution into IHRL. Through the lens of the European Court of Human Rights, this article examines the types of tests that supranational bodies currently employ and advances a framework for assessing the choice, design and implementation of ADR/PDR in the future.
  • Topic: Human Rights, International Law, Legal Theory , Courts
  • Political Geography: Europe, France, European Union
  • Author: Catharine Titi
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: For about half a century, the European investment treaty model has been associated with European Union (EU) member states’ bilateral investment treaty practice, often referred to as their ‘best practices’. Member state bilateral investment treaties, which are liberal instruments strongly protective of investor interests, have remained relatively unchanged over the years, in contrast with their North American counterparts, which have come to represent a new type of investment treaty, cognizant for the first time of the contracting parties’ right to regulate. With the entry into force of the Treaty of Lisbon and the exercise of the EU’s new competence over the conclusion of treaties covering foreign direct investment, Europe marks its distances with the old approach of the member states and appears eager to set its own ‘model’. While broadly in harmony with the new generation of North American investment treaties, the nascent EU policy aims to improve international investment law in innovative ways, targeting both substantive and procedural protections, and leading to a yet newer generation of international investment treaties. The present article explores this new EU standard, which is set to change the face of international investment law as we know it.
  • Topic: International Law, Treaties and Agreements, Foreign Direct Investment, European Union
  • Political Geography: Europe, European Union
  • Author: Martins Paparinskis
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Reasonable people might disagree whether the European Union (EU) is likely to make a significant and commendable contribution to international investment law. This article addresses two issues of relevance for this discussion. First, it considers the appropriateness of evaluating evelopments in international investment law in terms of balance between investor protection and the right to regulate. Second, the contribution of the recent EU practice is briefly examined, finding it less interesting and innovative than one might have expected.
  • Topic: International Law, European Union, Regulation, Finance
  • Political Geography: Europe, European Union
  • Author: Oren Gross
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: In ‘The Limits of Legality and the United Nations Security Council: Applying the Extra-Legal Measures Model to Chapter VII Action’, Devon Whittle analogizes the United Nations Security Council’s Chapter VII powers to domestic emergency powers. He then seeks to apply the extra-legal measures (ELM) model of emergency powers, which I developed some 20 years ago, to exercise by the Council of its Chapter VII powers. This brief comment seeks to expand the discussion of ELM in international affairs beyond the collective security system by exploring the application of ELM in the setting of unilateral humanitarian intervention.
  • Topic: International Law, Treaties and Agreements, United Nations, International Security, Humanitarian Intervention
  • Political Geography: Europe, Kosovo, United Nations, Syria
  • Author: Sookyeon Huh
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article approaches two International Court of Justice judgments on the cases concerning Ligitan/Sipadan (2002) and Pedra Branca (2008) from the perspective of the law of territory in the post-colonial context, showing that the Court managed to free the concepts of ‘original title’ from ‘terra nullius’. It is prefatorily explained that the concepts of ‘original title’ and ‘terra nullius’, which operate in combination, had both functioned as bases for the traditional law of territory and as unilateral justification for colonization by European powers. By contrast, analysis of the two recent judgments illustrates that the Court contrived to separate the two concepts from the context of colonialism by avoiding the determination of the islands as ‘terra nullius’ and expanding the concept of ‘original title’ while preserving the existing framework of law of territory. The problem is presented with a caveat, however; overemphasizing the significance of ‘original title’ in the post-colonial context might lead to disregard for the foundations of title to territory, that is effective control of territory and its legitimizing logic, on which the territorial order of today’s international society is based.
  • Topic: International Law, Post Colonialism, Territorial Disputes, Courts
  • Political Geography: Europe, Indonesia, Malaysia, Singapore
  • Author: Mikko Rajavuori
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: State ownership is thriving. Emerging economies are extending their growing economic power outward through sovereign wealth funds. State-owned multinationals have become top sources of foreign direct investment. Bailouts have recreated powerful state ownership structures in regions where private ownership has traditionally prevailed. The state is back – in shareholder capacity. Approaching the rise of state ownership from a human rights perspective, this article submits that a new conceptualization of state ownership function is emerging. State ownership provides a strong link connecting corporate actions with the international human rights system. Yet the conventional methods used to integrate state ownership in human rights treaty bodies’ discretion seem unable to grasp the changing economic role of governments in the global economy. The article suggests that the notion of the ‘public shareholder’, introduced by the European Court of Human Rights in Heinisch v. Germany (2011), provides a useful lens for interrogating how states should govern the human rights performance of corporations through ownership. When exposed to the recent practice of a range of United Nations treaty bodies, internationalizing state ownership activity becomes framed in human rights terms. In this vision, the whole ownership function becomes a site for turning companies in the state’s portfolio into responsible corporate citizens who take the impact of human rights seriously. Specifically, treaty bodies should advise states to seek human rights governance through private mechanisms in the capacity of the shareholder. In the process, human rights’ checks and balances should constitute a counterweight for market-based initiatives that regulate state activity in the capacity of the shareholder.
  • Topic: Human Rights, International Law, Treaties and Agreements, Foreign Direct Investment, Economies, Courts
  • Political Geography: Europe, Norway, Germany
  • Author: Guy Fiti Sinclair
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Reflecting upon the ambiguous relationship between international civil servants and international law in both theory and practice, this review essay examines several recent books that address the life and legacy of Dag Hammarskjöld, the second Secretary-General of the United Nations. Drawing upon recent theoretical work regarding international organizations, the essay argues that the authority of international civil servants should be understood as operating through three distinct yet interconnected modalities of discourse and practice: legal, moral and expert. Moreover, a comprehensive account of the authority exercised by international civil servants must take account of how they respond to any tensions that arise between their bases of authority as well as of their shifting relations with other ‘global governors’. The essay considers the depiction of Hammarskjöld by each of the books under review, highlighting the sometimes overlooked interconnections between the different sources of authority upon which he drew and suggesting some starting points for an alternative, integrated account of his thought and practice.
  • Topic: Civil Society, Diplomacy, International Law, International Organization, Humanitarian Intervention
  • Political Geography: Africa, Europe
  • Author: Lars Viellechner
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The two collections fill a major gap in law and globalization scholarship. In rich detail, they supply empirical material on the current transformation of law that has long been sought after. The studies in the first volume stand out in particular as they employ methods of empirical social research and focus on change in non-Western countries. From this material, other researchers will greatly benefit in the years to come. At the same time, the two volumes add a highly convincing conceptual approach to the field. Indeed, their guiding category of the transnational is very promising in contrast to many others proposed for similar purposes. As the editors properly assert, it best expresses that most patterns of order neither reach out globally nor circumvent the state. Indeed, the recursive interaction of different levels of order appears to be one of the dominating modes of law production today, which is well captured by the term. Nevertheless, some obscurity and doubt about the conceptions of transnational legal ordering and order remain.
  • Topic: Globalization, International Law, Sociology, Legal Theory
  • Political Geography: Europe, Asia, North America
  • Author: Jan Klabbers
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Isabelle Ley, in her exemplary dissertation defended at Humboldt University, takes the emergence of regulatory international law as her starting point and aims to investigate how its democratic legitimacy could be enhanced. For her, democracy is not just a matter of particular institutions or practices but, rather, of open and possibly oppositional politics. Building on the work of Claude Lefort and, in particular, Hannah Arendt, she develops a framework for discussing democracy in international law conceptualized as the possibility for opposition. A democratic polity is one where every participant has the possibility of helping to take care of the common world, as Arendt might have put it, and presupposes open politics. This politics is, so to speak, politics for the sake of politics or politics in the Olympic spirit: what matters is not so much winning but taking part; what matters is not so much which policies will be adopted but the political process itself. Following Aristotle, taking part in public affairs is viewed as the most salient manifestation of human excellence: man being a political animal, he can do no better than take part in the political process – this is where individual happiness is achieved and, therewith, the ultimate justification of democracy.
  • Topic: International Law, International Organization, Political Theory, Democracy
  • Political Geography: Europe, Germany
  • Author: Anna Chadwick
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Michael Fakhri in his book Sugar and the Making of International Law takes inspiration from Antony Anghie, a scholar who famously disrupted prevalent conceptions of public international law. Using sugar as a ‘trace element’, Fakhri follows Anghie’s lead in retracing the historical origins of international trade law in order to challenge pervasive perceptions about this legal regime. What he is keen to demonstrate is that free trade, like state sovereignty, is not something that international institutions are merely officiating. Rather, the meaning of this concept has shifted over time as it has been applied by different institutions and actors within the international legal order to differential effect. It has been both conditioned by, and received the conditioning of, broader political, economic and social forces. Critically, it is as much the product of international institutions governing trade as it is their purpose.
  • Topic: Agriculture, Imperialism, International Law, International Trade and Finance, History, World Trade Organization, Economy
  • Political Geography: Britain, Europe, Global Focus
  • Author: Makane Moïse Mbengue
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The volume under review publishes the proceedings of a colloquium held at the University of Paris in July 2010. The aim of this colloquium was to fill a lacuna that characterizes the contemporary francophone international legal scholarship. Indeed, as noted by the editors in their foreword to the book, after a prolific period during the 1970s and 1980s, French and francophone scholars have gradually lost interest in Third World-related issues and ignored this topic in their research and teachings. This trend is regrettable and unfortunate because despite some progress and improvements, international relations are still marked by significant inequalities and disparities between rich and poor countries, while several regions of the world remain in a situation of extreme poverty. Therefore, there is an urgent need to renew and revive the reflection of French-speaking international lawyers on their discipline by inciting them to critically question the present existence and effects of the rules of international law relating to the Third World in the current globalized context. To achieve this goal, Mark Toufayan, Emmanuelle TourmeJouannet and Hélène Ruiz Fabri had the idea of bringing together, in Paris, francophone and anglophone scholars and prominent representatives of the critical Third World Approaches to International Law (TWAIL). TWAIL scholars were invited to expose their ideas and thoughts, and their French-speaking counterparts were asked to react and comment on these thoughts.
  • Topic: Development, Human Rights, Imperialism, International Law, Post Colonialism, Third World, History
  • Political Geography: China, Europe, France, South Africa, Chile
  • Author: Mara Tignino
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Evelyne Schmid’s new book, Taking Economic, Social and Cultural Rights Seriously in International Criminal Law, aims to provide a bridge between developing practice and existing knowledge. At the heart of her book lies the question of how, or to what extent, violations of ESCR are addressed in international criminal proceedings and transitional justice mechanisms. She criticizes the current marginalization of ESCR abuses in scholarship on international criminal law and bemoans the reality that ‘efforts to address the legacy of widespread human rights abuses display a bias towards civil and political rights’. While some have argued for an expansion of international criminal law to account more directly for violations of ESCR, Schmid claims such an expansion is unnecessary; in her view, such violations already fall within the scope of international crimes.
  • Topic: Genocide, Human Rights, International Law, United Nations, War Crimes, Courts, Transitional Justice
  • Political Geography: Europe, North Korea, Cambodia, United Nations, Myanmar
  • Author: Angelika Nussberger
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Modern international law of the 21st century seems to be characterized by a farewell to the Westphalian understanding of state sovereignty, by the empowerment of the individual and by transnational solutions to common problems in a globalized world. This overview, however, is not true for Russian international law. The ‘powerful idea of Russia’s civilizational distinctness from the West’ is underlying the post-Soviet practice in international law (at 190). This is the main thesis of Lauri Mälksoo’s study on ‘Russian approaches to international law’. Russia was different, Russia is different and Russia is proud of being different.
  • Topic: International Law, Sovereignty, United Nations, History , Intellectual History
  • Political Geography: Russia, Europe, Crimea
65. Her Whorl
  • Author: Laura Coyne
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: A poem by Laura Coyne, originally written to celebrate the launch of The Women's Worldwide Web.
  • Topic: Women
  • Political Geography: Europe, Global Focus
  • Author: Yishai Beer
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The exercise of brute force by militaries, though common, reflects professional incompetency. A well-trained military has an inherent interest in enhancing its operational effectiveness and constraining unnecessary brutality. The law of armed conflict, however, generally ignores the constraining effect of the necessity principle, originally intended to allow only the minimally necessary use of force on the battlefield. Consequently, the prevailing law places the burden of restricting the exercise of brute military force upon humanitarian considerations (and the specific norms derived from them). Humanity alone, however, cannot deliver the goods and substantially reduce war’s hazards. This article challenges the current dichotomy between the two pillars – mistakenly assumed to be polar opposites – of the law of armed conflict: necessity and humanity. It calls for the transformation of the military’s self-imposed professional constraining standards into a revised legal standard of necessity. Though the necessity principle justifies the mere use of lethal force, it should not only facilitate wielding the military sword but also function simultaneously as a shield, protecting combatants and non-combatants alike from excessive brutality. The suggested transformation would bind and restrain the prospective exercisers of excessive force, political and military alike, and restrict the potential damage that might be caused both intentionally (to combatants) and collaterally (to non-combatants). The combined effect of the current changes in war’s pattern and the law of armed conflict, in the military and social thinking of recent decades, and the new strategies available due to the development of new military technologies have all created a new war environment – one that may be ready to leverage the constraining potential of military professionalism into a binding legal standard and norms.
  • Topic: Conflict Prevention, International Law, Treaties and Agreements, War
  • Political Geography: Russia, United States, Europe
  • Author: Helen Keller, Cedric Marti
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article proposes a shift of perspective concerning the implementation of European Court of Human Rights (ECtHR) judgments. Acknowledging that implementation of the Court’s judgments is primarily of a political and domestic nature, the authors argue that the process has become increasingly internationalized and judicialized by the ECtHR in recent years. Taking a broad, three-tiered perspective that distinguishes between the pre-judgment stage, the judgment itself and the post-judgment stage, the authors analyse the means by which the ECtHR has engaged in implementation of its judgments and explore the benefits of judicialization in this area to secure a key aspect in guaranteeing effective protection and the long-term future of the European Convention on Human Rights system, namely full and timely judgment compliance.
  • Topic: Human Rights, International Law, Law, Courts
  • Political Geography: Europe, France
  • Author: Anna Dolidze
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Legal transplants scholarship has thoroughly examined the transnational diffusion of legal institutions. Although Article 38 of the Statute of the International Court of Justice acknowledges that international law draws upon domestic legal systems, the exchange of legal institutions between states and international law has yet to receive similar treatment. This article highlights the process of vertical diffusion – that is, the borrowing of legal institutions between the nation-state and international law. Vertical diffusion takes place in two forms: downward and upward diffusion. Scholarship on the internalization and vernacularization of international law has highlighted the process of downward diffusion. This article offers a theory of internationalization of law and the emergence of internationalized legal transplants. It draws on a study of the internationalization of the amicus curiae participation procedure from the United Kingdom to the European Court of Human Rights. Three main conditions must be present for internationalization: the institution’s structural transformation that results in a law-making opportunity, norm entrepreneurs, and access to the decision-making body. The study of internationalized legal transplants is important to have a more fine-grained perspective on the making of international law. The evidence of the diffusion of legal institutions between domestic law and international law also creates a bridge between international law and comparative law scholarship.
  • Topic: Human Rights, International Law, Legal Theory , Courts
  • Political Geography: United Kingdom, Europe, France
  • Author: Ruth Rubio-Marín, Mathias Möschel
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Over the past years, the European Court of Human Rights has significantly developed and strengthened its Article 14 non-discrimination jurisprudence, including in a number of ground-breaking international law cases establishing increased state responsibility with regard to ethnic segregation in education and gender violence. However, in the type of cases that constitute a large part of its non-discrimination case load, namely physical violence against racial minorities, the Court has so far failed to adequately address Article 14 discrimination claims raised by the victims. We posit that this could be caused in part by what we call the ‘Holocaust Prism’. Put briefly, the experience of the Holocaust has shaped the manner in which continental European courts understand racism and race discrimination, at least (or especially) when it is combined with violence. Paradoxically, this entails that in the most heinous cases of race discrimination, the discrimination threshold is raised to the level of criminal conduct. Moreover, to the extent that it is, only the ethnic dimension of such discrimination is foregrounded even in cases that present obvious intersectional (for example, ethnicity plus gender) dimensions. We exemplify this phenomenon by discussing recent case law on forced sterilization of Roma women and argue that the Court should become aware of this issue, recognize intersectional discrimination and align its case law on racist violence with the discrimination doctrine emerging in its gender violence and educational race segregation cases, both for the sake of internal consistency and to better capture the structural nature of racial discrimination in Europe.
  • Topic: International Law, Ethnicity, Gender Based Violence , Holocaust, Roma, Discrimination
  • Political Geography: Europe, Czech Republic
  • Author: Ann Hertogen
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: In an increasingly interdependent world, state sovereignty is inherently limited in order to protect the equal sovereignty of other states. However, identifying the precise constraints on states is a different and far more difficult question. The traditional answer is found in the Lotus principle, which consecrates a freedom to act unless explicitly prohibited by international law. The principle has rightly come under attack because of its incompatibility with the needs of a modern international community. This is usually followed by calls to disregard the precedential value of the Permanent Court of International Justice’s Lotus judgment on which it is based. This article defends the Lotus judgment but argues that the principle is the wrong reading of the majority opinion and that it fails to create the right conditions for interstate co-existence and cooperation, the twin goals of international law identified by the majority. The article then examines the meaning of ‘co-existence’ for contemporary international law and weighs the principle of ‘locality’ as an additional criterion that ought to be considered when resolving conflicting claims of jurisdiction.
  • Topic: International Law, Sovereignty, International Affairs, Courts
  • Political Geography: Europe, Turkey, France
  • Author: John R. Morss
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article offers a re-examination of the international legal status of what is here termed the Vatican/Holy See complex (VHS), focusing on claims to statehood. The problematic ‘effect’ of Vatican City, of the Holy See, of the papacy and of associated entities is interrogated at the level of international law, entering as little as possible into administrative or theological distinctions. The various grounds cited as supporting status amounting to statehood are argued to be inadequate. The continuing exchange of representatives with states by the VHS is missionary and hierarchical in character and is reflective neither of the reciprocity of peers nor of customary obligation going to law. Agreements entered into by the papacy with the Kingdom of Italy (the Lateran Pacts) in 1929, relating to the status of the geographical territory known as Vatican City, cannot be determinative of international status. Nor can membership of international agreements and organizations confer a status amounting to statehood. Events and practices since 1929 have not substantially altered international status as of 1870. The Roman Catholic Church is but one of many faith-based international movements, and since the eclipse of the papal state nearly one-and-a-half centuries ago, the status in international law of its temporal headquarters in Rome should not be privileged.
  • Topic: International Law, Religion, Sovereignty, History
  • Political Geography: Europe, Italy, Vatican city
  • Author: André Nollkaemper
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This brief Comment responds to Jan Klabbers’ recent article, ‘The Transformation of International Organizations Law’. It focuses on three points: the polemical style and disengagement with substance in the article; the question of whether we can do without some form of functionalism; and the further question of what it means to speak of ‘responsibility beyond functionalism’.
  • Topic: International Law, International Organization, Law, Critique
  • Political Geography: Europe, Global Focus
  • Author: Guy Fiti Sinclair
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This Comment interrogates the central and determining role accorded to functionalism in Jan Klabbers’ account of international organizations (IOs) law in his recent article, ‘The EJIL Foreword: The Transformation of International Organizations Law’. Specifically, it expresses doubts regarding Klabbers’ designation of functionalism as the dominant, paradigmatic theory of IOs law; questions whether the article’s account of functionalism’s historical origins is persuasive; and argues that the ‘rise and fall’ narrative set forth in the article presents an overly sanitized picture of IOs law, largely free from political struggle. The development of IOs law has been more contested than Klabbers’ narrative suggests; minimizing that contestation carries the danger of closing off possibilities for reimagining IOs law today.
  • Topic: International Relations, International Law, International Organization, Critique
  • Political Geography: Europe, Global Focus
  • Author: Jan Klabbers
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Jan Klabbers responds to critiques by Laurence Boisson de Chazournes, André Nollkaemper and Guy Fiti Sinclair of his EJIL Foreword.
  • Topic: International Relations, International Law, International Organization, Critique
  • Political Geography: Europe, Global Focus
  • Author: Erika de Wet
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • 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, Military Intervention
  • Political Geography: Africa, Russia, Europe, Crimea
  • Author: Dino Kritsiotis
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • 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, Military Intervention
  • Political Geography: Africa, Europe
  • Author: Ronagh J.A. McQuigg
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article focuses on the recent developments concerning domestic violence within the context of the Council of Europe. Since 2007, the European Court of Human Rights has issued a series of important judgments in cases involving domestic violence. The most recent of these is Rumor v. Italy, in which the Court issued its judgment on 27 May 2014. The article analyses this case in the context of the Court’s previous jurisprudence on domestic violence. In addition, on 1 August 2014, the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence entered into force, and the article will include a number of reflections on the potential held by this Convention. No violation of the European Convention on Human Rights was found in Rumor; however, the question of whether Italy would have been in breach of the provisions of the new Convention, to which it is a party, had this Convention been in force at the time of the relevant events, will be examined.
  • Topic: Human Rights, International Law, Women, Gender Based Violence , Courts
  • Political Geography: Europe, Italy
  • Author: Sarah Nouwen, Christian Tams, Jan Klabbers, Jean d'Aspremont
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: At the end of 2014, we invited the EJIL Board members to reflect on the books that had had a significant impact on them during the year. Their contributions, posted on EJIL: Talk!, were met with great interest and curiosity. As the end of another year approaches, we decided once more to invite our Board members to look back on their reading in 2015. In the following pieces Sarah Nouwen, Christian Tams, Jan Klabbers and Jean d’Aspremont write about the books they read or re-read this year and which they found inspiring, enjoyable or even ‘must reads’ for their own work or international law scholarship in general.
  • Topic: Human Rights, International Law, History, Courts
  • Political Geography: Africa, Europe, South Sudan
  • Author: Sabrina Safrin
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Treaty conflicts may be inevitable, but what do we make of conflict by design? In Strategically Created Treaty Conflicts and the Politics of International Law, Surabhi Ranganathan thoughtfully explores nations’ purposeful creation of conflicts between treaties to advance their political goals and to restrict the impact of treaties to which they object. Essentially, states fight legal fire with legal fire. If they object to a multilateral treaty regime, they create another regime that effectively conflicts with, or cabins, the treaty regime that they object to rather than simply walking away.
  • Topic: International Law, Treaties and Agreements, Book Review, Law of the Sea
  • Political Geography: Europe, United States of America
  • Author: Harm Schepel
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: In 1994, Muthucumaraswamy Sornarajah published the first edition of his treatise, The International Law on Foreign Investment. There, he sought to demonstrate that investment law as a separate branch of international law was ‘in the process of development’ and could and should be isolated for separate study. Organizing his material from the disparate sources of domestic law, contract-based arbitration and public international law along the overarching tension between the interests of developing countries and those of traditionally capital-exporting states, his stated aim was to ‘help in the identification of the nature of the disputes’, which would lead, in turn, to the ‘formulation of acceptable solutions’. The treatise was a well-timed pioneering effort that rightfully earned the author a lasting reputation as one of the founding fathers and towering figures of the academic discipline. There seems to be no one better placed, then, to ask, 20 years on, what happened or, rather, what went wrong. Investment law has developed with breathtaking speed into a (very) separate branch of international law – yes – but almost entirely on the waves of treaty-based investor–state arbitration, which has all but eclipsed contractual and domestic processes, at least in terms of academic interest. And this system has, in the eyes of Sornarajah and many others, rather spectacularly failed to lead to ‘acceptable solutions’, especially for developing countries.
  • Topic: International Law, Treaties and Agreements, Foreign Direct Investment, Neoliberalism, Book Review
  • Political Geography: Europe, United States of America
  • Author: Guillaume Landais
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: A poem by Guillaume Landais.
  • Topic: Poem
  • Political Geography: Europe, Global Focus
  • Author: Matt Preston
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Journal of Military and Strategic Studies
  • Institution: Centre for Military, Security and Strategic Studies
  • Abstract: Stefano Recchia and Jennifer Welsh have brought together in this tome a number of authors intending to essentially see what can be learnt from early modern political philosophers about just war and humanitarian intervention. They attempt to have all works in the volume discuss three themes and answer two essential questions. The first theme centers on the issues concerning jus ad bellum (the legitimate reasons for going to war). In this, the editors identify the main question of when intervention is permissible.
  • Topic: Humanitarian Aid
  • Political Geography: Europe
  • Author: Mohamed Omar Hashi
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Bildhaan: An International Journal of Somali Studies
  • Institution: Macalester College
  • Abstract: From the 1940s to the 1970s, the world witnessed considerable and tumultuous change. This change was, on the one hand, based on the independence realized by the territories that European empires had controlled during the colonial era. On the other hand, just as the struggle against colonial rule ended, new conflicts erupted in many of these newly independent nations. In contrast to the colonial era, after the culmination of the Cold War, which reshaped the world order, the number of newly independent states unable to fulfill their obligations to their citizens increased. Such failures became apparent as states failed to provide a certain level of functions that would ensure both the security and the well-being of their respective populations. Although such crises of statehood are often depicted as mainly internal in nature, their roots and ramifications transcend the intrastate and are often ignored in the literature. While there was an increase in violence, some scholars attempted to identify the reasons underlying the failure of such states to perform key functions. In doing so, the debate was joined by a body of literature that offered the common assumption that these conflicts usually come under a state's failure. The “failed state” notion became prominent among people in diplomatic, political, and academic circles, as it gradually became rooted in the literature. While in the beginning it concentrated on states within Africa, the label was embraced as an international concern in the aftermath of the “9/11” terror attacks on Mohamed Omar Hashi 79 the twin towers in New York City. As a result, failed states were seen as a threat to international security since such states could potentially offer a safe haven to terrorist organizations. Although virtually no one disagrees that the majority of supposed failed states suffer many severe political, security, and socioeconomic challenges, the failed-state thesis has come up short in sufficiently elucidating the development of such obstacles. Furthermore, there is a lack of clarity and much disagreement, often governed by subjective interpretations, in the academic and policy discourse over how to define the concept and when and how it should be used. This brief essay acts as a beginning critique of the failed-states discourse and thought. The intention is to highlight the problems associated with the current debates. It is not the aim here to present a new approach. The essay will begin with a quick analysis of the theoretical- cum-policy debates underpinning state failure. Thereafter, observation will be made on the apparent growing international security and political interest in the state-failure thesis, with particular reference to the recently emerging pathology of terrorism and its implications for those countries labelled as failed.
  • Political Geography: New York, Europe
  • Author: Oya Dursun-Ozkanca
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Central European University Political Science Journal
  • Institution: Central European University
  • Abstract: Despite the fact that the public in Britain had predominantly negative attitudes towards the Easter n enlargement of the European Union (EU) in 2004, the British government endorsed this policy . Since the legitimacy of elite actions on EU affairs depends on the level of public support, it is important to study the formation of public opinion and the poli tical communication processes in the European context. Using Flash Eurobarometer survey data, this article first tests the determinants of public support for EU enlargement in Britain. It then examines the nature of the relationship between elites and publ ic opinion on the 2004 enlargement. It concludes that the public discussion about enlargement in Britain was fuelled by hysteria rather than facts, and that the British policymakers failed to both provide the worried public with clear facts on the possible effects of enlargement and take substantive policy decisions to alleviate popular concerns.
  • Topic: Government, Communications
  • Political Geography: Britain, Europe
  • Author: Emel Elif Tugdar
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Central European University Political Science Journal
  • Institution: Central European University
  • Abstract: The term “indigenous” refers to the ethnic minorities within a state but without a state. Generally, the indigenous groups are located across neighboring states. The Roma people in Europe are one of the significant examples of indigenous people that are located across Central and Eastern European states without a state of their own. As the indigenous groups have unique social, cultural, economic and political characteristics, they are distinct from those of the society in which they live. Their language, knowledge systems and beliefs differ from the society as well. Due to their cultural differences, the diverse indigenous peoples share common problems also related to the protection of their rights. They strive for recognition of their identities, their ways of life and their right to political representation and participation. As a result, a special set of political rights have been set to protect them by international organizations such as the United Nations. The United Nations have issued a Declaration on the Rights of Indigenous Peoples to guide state policies in order to protect the collective rights of indigenous peoples, such as their culture, identity, language, and access to employment, health, education and natural resources.
  • Topic: Economics, Politics, United Nations
  • Political Geography: Russia, Europe
  • Author: Maria Shagina
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Central European University Political Science Journal
  • Institution: Central European University
  • Abstract: As the result of changes in European governance, the environment in which national parties operate has been unambiguously modified. The complexity of European structures has put additional pressure on national parties and forced them to adapt to new challenges. The emergence of sub-national level has created new arena for national parties to perform their customary functions such as candidate selection, formulation of party manifestos, government formation etc. Yet, the sub-national level stipulated by other institutional structure differs significantly from the national one. The democratic deficit intrinsic to the EU institutions affects and changes the internal organization of national parties. Aylott, Blomgren, and Bergman aim to fill this research gap by investigating the impact of European integration on democratic accountability within Nordic political parties. The authors seek to uncover “the black box of party organization” (p. 2) through the lens of modified delegation and accountability procedures on both national and European levels.
  • Topic: Environment, Government, Politics
  • Political Geography: Europe
  • Author: Ivana Tomovska Efremov
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Central European University Political Science Journal
  • Institution: Central European University
  • Abstract: As an editor Bekemans presents to academic readers a rich collection of essays initially presented at the international workshop 'Cultural and Value Roots for Intercultural Dialogue in a European Context' held in October 2011 at the University of Padua under the auspices of the Jean Monet Centre. The essays presented at the conference and published a year latter provide to the reader an excellent overview of the topic and capture the engaging academic discourse that took place at the conference. The book aims to define the set of values that in turn define European identity. It also poses very important questions, such as what is the common set of 'core values', how to maintain and enrich those values in the face of globalization, multiculturalism and economic crises and how to work across institutions to promote and preserve those values.
  • Topic: Economics, Globalization
  • Political Geography: Europe
  • Author: Ciprian Negoita
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Central European University Political Science Journal
  • Institution: Central European University
  • Abstract: The Concept of the Political , translated from the 1933 study – La Notion du "politique" et la théorie des différends internationaux , represents a significant contribution for the European public specialized in the field of international relations. While this text may at the first sight seem different from other versions of realism and more related to international relations theory today, in fact, the core assumptions addressed in this study are connected to political realism. The translation of this book represents the first initiative to make Morgenthau's European writings more accessible to students of international relations, particularly to English-speaking researchers. This endeavor both in French and English is relatively little known compared to his major and successful textbook Politics Among Nations , published in 1948 and considered one of the leading writings of the realist school. As the title indicates, this book is constructed around the complex and controversial “concept of the political”, a concept whose correct understanding Morgenthau, and many others before him, considered essential for any theory of political life. Thus, the purpose of this book is to provide an understanding of Morgenthau's oeuvre and worldview and to emphasize the ontological and epistemological commitments of the author, which influenced his later works.
  • Topic: International Relations, Politics
  • Political Geography: Europe
  • Author: Francesca Romana Bastianello
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Central European University Political Science Journal
  • Institution: Central European University
  • Abstract: At a moment when the European Union is having an identity crisis, it is pertinent to remember the motivations, and the efforts of the men who dedicated their lives to its creation and who established the means and the organizations necessary to involve the citizens in the bottom-up part of this process. This book focuses on the role played by local authorities, the first to use the establishment of twinning – the development of cultural, political and economical bonds between two cities or villages belonging to different nations – as a parameter of real international policy and to view it as an essential phase of the establishment of a united Europe.
  • Topic: International Relations, Development, Economics, Politics
  • Political Geography: Europe
  • Author: Leani García, Rebecca Bintrim, Kate Brick
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Stay up-to-date with the latest trends and events from around the hemisphere with AQ's Panorama. Each issue, AQ packs its bags and offers readers travel tips on a new Americas destination.
  • Political Geography: Europe, South America
  • Author: Daniel H. Levine
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: The election of Argentine Cardinal Jorge Mario Bergoglio as Pope Francis aroused enthusiasm—and expectations—in Latin America. As the first pope of non-European origin in nearly 1,300 years, and the first ever from Latin America, he embodies both hopes and concerns for the future of the Catholic Church in this part of the world.
  • Political Geography: Europe, Argentina, Latin America
  • Author: Wilda Escarfuller
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Our hemisphere produces some of the best (and best paid) athletes in the world. Unfortunately, many of our soccer (futbol) players go on to play in Europe, where the contracts and endorsements are better. For the same reason, two of those who top the list of baseball player salaries from Venezuela—Cabrera and Santana—playing in U.S. instead of their home country.
  • Political Geography: United States, Europe, Venezuela
  • Author: Jakub Kufčák
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: Obrana a strategie (Defence & Strategy)
  • Institution: University of Defence
  • Abstract: This article analyses the impacts of the austerity cuts on the defence spending and armed forces of the V4 countries. This is achieved through combination of three analytical approaches - firstly by looking at defence expenditure in constant $ from SIPRI data, secondly by comparing the respective structures of these defence budgets from the NATO data, and thirdly by analysing how these developments and economic realities translated into the level of the respective national armies and if/how were the political ambitions for foreign deployments for these armies modified, if/how was the force structure reformed, if/which capabilities were slashed and if/which modernisation plans were postponed. This research design yielded several results even though the utility of the V4 analytical framework proved to be, thanks to vast discrepancies between the sample countries, limited. The conditions of small states armies did not allow the V4 countries to make significant cuts in the number of military personnel as bigger countries in Europe were able to execute in order to protect their equipment expenditures that are vital for modernisation. Consequently, the V4 countries were left with soaring personnel expenditures and gradually diminishing funds for investments. Curiously, Slovakia proved to be the only country where the decline in defence expenditure can be at least partially tied to austerity cuts and the economic crisis.
  • Political Geography: Europe, Slovakia
  • Author: Antonín Novotný, Dalibor Procházka
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: Obrana a strategie (Defence & Strategy)
  • Institution: University of Defence
  • Abstract: The article describes the application of system dynamics in the process military capabilities sharing of the Czech Republic with Alliance allies. The aim is not to capture the problem in all its aspects, but is focused on the process of multinational capabilities sharing with accent for the Army of the Czech Republic, which has been suffer in the last few years the reduction in the defence spending. Czech Republic gradually came with its defence budget into the group of countries that profit from its membership in NATO, but without its own contribution for developing of its military capabilities. The basic precondition for the capability and readiness of the Alliance to face current and new security challenges, is the necessity to have adequate capabilities. For achieving this goal is essential higher and more responsible involvement the European countries of the Alliance for collective defence, including the Czech Republic. Ongoing Ukrainian crisis and the behavior of the Russian Federation represent a fundamental change in the security environment in Europe and therefore changing the assumptions on which the Alliance is preparing to fulfil tasks. Solving problems in capabilities can be achieve by properly-designed investments in upgrading, by improving NATO defence planning process and accordance with national defence planning process, by consistent execution capability targets that this process generates, but also by use of multinational capabilities sharing. Pooling and sharing capability among individual member states can have a significant impact on the way, how to replace the missing defence sources or how to effectively use increasing of defence budgets, which the Alliance, including the Czech Republic, declared at the summit in Wales.
  • Political Geography: Europe, Ukraine
95. Editorial
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: Obrana a strategie (Defence & Strategy)
  • Institution: University of Defence
  • Abstract: Dear readers, Please, let me introduce another issue of the Obrana a strategie journal, bringing an above-average number of attractive texts, which attests to the growing interest of authors and readers in our journal. Before briefly introducing its contents, I would like to point out some of the currently implemented or prepared changes, which will affect the Obrana a strategie journal in 2015. In order to increase the attractiveness of our periodical, we are preparing modernisation of its visual style for the following year. Similarly, the Guidelines for Authors have been also updated. The most important change which will affect all prospective contributors consists in updating the templates for contributions, which have been completely revised, adjusted and simplified. The second important change is the discontinuation of the Forum, mainly due to the low interest of authors in this feature, allowing for maximum share of the peer-reviewed content of the journal and better accessibility for foreign databases. The contents of this issue start with two articles related to Africa.
  • Political Geography: Europe
  • Author: Paulo Fagundes Visentini
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: AUSTRAL: Brazilian Journal of Strategy International Relations
  • Institution: Postgraduate Program in International Strategic Studies, Universidade Federal do Rio Grande do Sul
  • Abstract: The last several years have been characterized by a growing acceleration of International Relations. With the end of the Cold War, amidst the Gorbachev government, the fall of the Eastern European socialist regimes in 1989 and the disintegration of the Soviet Union in 1991, there was room for a reordering of forces in the world-system. When the vacuum started to be occupied by old and new international players, the situation turned into a War of Positions. China and the other emerging nations, especially the members of BRICS, were able to gain more leverage. But this precarious balance was significantly affected by the economic crisis of OECD (Organization for Economic Cooperation and Development) countries since 2008-09.
  • Political Geography: China, Europe, Soviet Union
  • Author: Gisela Pereyra Doval, Miguela Varela
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: AUSTRAL: Brazilian Journal of Strategy International Relations
  • Institution: Postgraduate Program in International Strategic Studies, Universidade Federal do Rio Grande do Sul
  • Abstract: The overcome of the bipolar dynamic s between the Soviet and the American bloc has led to an increasing concern about the study of security in regional geopolitical environment. Thus, the Copenhagen School proposed new tools to analyze and understand the relations between states within the framework of European security itself, which distinguishes it from the traditional theories of international relations, most of them from North America. The Copenhagen School believes that the phenomena produced by the end of the Cold War and the globalization process are not included or covered by the dominant models on security and there is a need to redefine some of the concepts used so far.
  • Political Geography: America, Europe, Brazil, Soviet Union, North America
  • Author: Mitchell Belfer
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: AUSTRAL: Brazilian Journal of Strategy International Relations
  • Institution: Postgraduate Program in International Strategic Studies, Universidade Federal do Rio Grande do Sul
  • Abstract: Any evaluation of 20 th century international political and socio - economic engagements inevitably draws heavily on the literature depicting the relations between and within the Cold War blocs. Such cognitive benchmarking has become so extensive that even the earth - shattering World Wars, which preceded US - Soviet brinkmanship, have been sewn together to the Cold War so as to produce a meta - narrative as a means of understanding the dynamics of international relations themselves. For instance, WWI has not merely entered the history books for what it produced; it has also come to be seen as producing the right conditions for Russia's communist revolution and the US's rise to inherit the position of Western leadership — two necessary prequels to the half century of Cold War. But not before these two ideologically opposed blocs join forces to rid the world of fascism and the German pivot in European affairs. WWII has come to represent three chapters in the story of civilisation: the story of genocide (re: Nazi Germany's quest to exterminate world Jewry), the story of non - nationalistic secular ideological struggles and the story of power beyond the pale of power (re: the nuclearisation of power). In other words, WWII has also, largely, been included as a necessary chapter to the Cold War. And certainly it was. Without WWII it is difficult to imagine how, or if, the USSR would have driven west and occupied Central Europe, whether the West European states would not have deployed East, if the US would have deepened its engagements to Europe or any number of dynamics would have unfolded. It is clear that the Cold War is a defining period of international relations history.
  • Political Geography: Russia, United States, Europe, Soviet Union, Germany, Caribbean
  • Author: Paul H. Rubin
  • Publication Date: 03-2014
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: A concept recently developed by scholars in psychology and biology is "pathological altruism." (Oakley 2013, Oakley et al. 2012). A pathological altruist is defined as "a person who sincerely engages in what he or she intends to be altruistic acts, but who harms the very person or group he or she is trying to help, often in unanticipated fashion; or harms others; or irrationally becomes a victim of his or her own altruistic actions." (Oakley, Knafo, and McGrath 2012: 4). We may relate this concept to Buchanan's Samaritan's dilemma: Buchanan's Samaritan is the altruist, and the pathology is that the recipient will be in the "no work" cell, so that the Samaritan becomes a victim of his own altruistic actions (Buchanan 1975).
  • Political Geography: Europe
  • Author: Gerald P. O'Driscoll, Jr.
  • Publication Date: 07-2014
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: The intellectual climate has never been more open to a critical analysis of existing monetary institutions both here and abroad. When the Germans agreed to a monetary union, they were promised that they would keep the Bundesbank; only the name would be changed to the European Central Bank. Instead, Germans with whom I have spoken now think they got the Banca d'Italia. In the United States, before the financial crisis, the Federal Reserve was held in high regard by the public. Now, at least in some circles, "the Fed" has become a term of opprobrium, not unlike "the IRS."
  • Political Geography: United States, Europe, Germany