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  • Author: Veronica Mihalache
  • Publication Date: 01-2020
  • Content Type: Journal Article
  • Journal: Warsaw East European Review (WEER)
  • Institution: Centre for East European Studies, University of Warsaw
  • Abstract: This paper brings into discussion a concept that has not yet been distinctively and uniquely defined but which, at the same time, can be considered a classical one, thanks to the establishment of the theoretical basis of the social frameworks of memory in 1925 by the sociologist Maurice Halbwachs. Basically, any past memory reaches the fields of human memory causing a process of perpetual transformation. The social frameworks of memory are pieces of collective memory, past memories that are dominant and persistent in time, which offer explicit historical and social coordinates that lead to the interpretation of the past and the orientation of present values. Both public and collective environments offer the individual social and historical coordinates as well as a certain orientation of these values, an implicit ideology, so that the individual is influenced, and in time, even shaped by these coordinates and values that are implicitly transmitted by the social fields of memory.
  • Topic: Sociology, Memory, Identities, Values
  • Political Geography: Europe
  • Author: Ieva Gajauskaite
  • Publication Date: 01-2020
  • Content Type: Journal Article
  • Journal: Warsaw East European Review (WEER)
  • Institution: Centre for East European Studies, University of Warsaw
  • Abstract: Lithuania is a small state by objective features (population, territory, GDP) and subjective ones (geopolitical position, resilience from external security threats, national identity). The goal of this research is to define the main roles of Lithuania, which are relevant to the Lithuanian foreign policy decision-making process nowadays. Those roles are the structure for Lithuania’s new President Gitanas Nausėda. While during his presidency he will have the possibility to modify them, for now for the roles formed and enacted over the last ten years serve as the limits of the change of the policy in the Euro-Atlantic area. The main assumption regarding the roles of Lithuania in the Euro-Atlantic area is that policymakers emphasize the smallness of the state. Accordingly, being a small state is translated to a set of expected and appropriate behavior. Therefore, the classical definition of smallness suggests that Lithuania’s roles should include the strategies of hiding and appeal to democratic values. In order to deny or confirm the assumptions, the research includes the definition of small states, an analysis of small state foreign policy strategies, the main thesis of the Role theory, the theoretical basis of subjective smallness concept, and discussion of Lithuania’s roles in the Euro-Atlantic area, using an interpretive methodology of Social constructivism.
  • Topic: Foreign Policy, Diplomacy, Small states, Constructivism
  • Political Geography: Europe, Lithuania, Baltic States
  • Author: Adrian Popa, Cristian Barna
  • Publication Date: 01-2020
  • Content Type: Journal Article
  • Journal: Warsaw East European Review (WEER)
  • Institution: Centre for East European Studies, University of Warsaw
  • Abstract: Russia’s recent buildup of A2/AD (anti-access/area denial) forces in Crimea and Kaliningrad, coupled with its increasingly confronting rhetoric in the Black and Baltic Seas, pose a serious challenge for the NATO’s Eastern flank countries. While the mare sui generis status of the Black Sea might be altered under the expected inauguration of Canal Istanbul in 2023 as it would probably require the revision of the Montreux Convention, the mare liberum status of the Baltic Sea might also be questioned as Russia contests NATO’s Enhanced Forward Presence in this region. Facing this challenging geostrategic context, Pilsudski’s ideas of Intermarium seem to have revived within the Central and Eastern European countries under modern interfaces such as the Bucharest Nine and the Three Seas Initiative. This paper proposes a comparative analysis between the Black Sea and the Baltic Sea in terms of their newly-emerged geostrategic context, discusses the feasibility of the recent endeavours to promote cooperation within the Central and Eastern European countries and not ultimately, highlights the utility of a regional military alliance in support of NATO.
  • Topic: NATO, Diplomacy, International Security, International Affairs, Geopolitics
  • Political Geography: Russia, Europe, Asia, Crimea, Baltic Sea, Baltic States
  • Author: Weronika Michalak, Dr hab. Zbigniew Karaczun
  • Publication Date: 01-2020
  • Content Type: Journal Article
  • Journal: Warsaw East European Review (WEER)
  • Institution: Centre for East European Studies, University of Warsaw
  • Abstract: The phenomenon of climate change, observed for years and constantly intensifying, has had a negative impact on health, significantly deteriorating the quality of life of people in many regions of the world, including Poland. Already now we are dealing with increasingly frequent extreme weather phenomena; hurricanes, storms and increasingly longer heat waves no longer surprise us. Unfortunately, this is merely the beginning of the negative effects of climate change. Others will come before long. In the coming years, many other new threats will be observed, such as flooding of ocean islands, desertification of areas exposed to water scarcity or serious loss of biodiversity, which will translate into food security. Unfortunately, it does not end there.1 The greenhouse effect is a process by which radiation from the Earth’s atmosphere warms the planet’s surface to a temperature above what it would be without this atmosphere. We can differentiate short-term solar radiation (0.15-4.0 nm) and long-term radiation. Thermal radiation escapes into the cosmic sphere and heat radiation returns to the ground, being stopped by a layer of GHG – greenhouse gases (CO2, CH4, N2O, SF6, water vapor etc.), which warm up Earth’s athmosphere to a dangerous level – even a 1°C degree increase (in comparison to pre-industrial level, when emissions stared to rise) in the average world temperature can be detrimental to human health and change the conditions of life on this planet (Figure 1). However, we currently face a risk of global warming even up to 3°C degrees, unless GHG emissions are significantly reduced. Any further rise of the global temperature will have deteriorating impact on people and whole humanity, as well as staying at the current level of emissions.
  • Topic: Climate Change, Health, Food, Food Security
  • Political Geography: Europe, Poland, Global Focus
  • Author: Laila Parsons
  • Publication Date: 09-2019
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: The Peel Commission (1936–37) was the first British commission of inquiry to recommend the partition of Palestine into two states. The commissioners made their recommendation after listening to several weeks of testimony, delivered in both public and secret sessions. The transcripts of the public testimony were published soon afterward, but the secret testimony transcripts were only released by the United Kingdom’s National Archives in March 2017. Divided into two parts, this article closely examines the secret testimony. Part I discusses how the secret testimony deepens our understanding of key themes in Mandate history, including: the structural exclusion of the Palestinians from the Mandate state, the place of development projects in that structural exclusion, the different roles played by British anti-Semitism and anti-Arab racism, and the importance of the procedural aspects of committee work for understanding the mechanics of British governance. Part II extends this analysis by focusing on what the secret testimony reveals about how the Peel Commission came to recommend partition.
  • Topic: Nationalism, Developments, Zionism, Colonialism, Empire, Anti-Semitism
  • Political Geography: United Kingdom, Europe, Middle East, Israel, Palestine
  • Author: John J. Mearsheimer
  • Publication Date: 04-2019
  • Content Type: Journal Article
  • Journal: International Security
  • Institution: Belfer Center for Science and International Affairs, Harvard University
  • Abstract: The liberal international order, erected after the Cold War, was crumbling by 2019. It was flawed from the start and thus destined to fail. The spread of liberal democracy around the globe—essential for building that order—faced strong resistance because of nationalism, which emphasizes self-determination. Some targeted states also resisted U.S. efforts to promote liberal democracy for security-related reasons. Additionally, problems arose because a liberal order calls for states to delegate substantial decisionmaking authority to international institutions and to allow refugees and immigrants to move easily across borders. Modern nation-states privilege sovereignty and national identity, however, which guarantees trouble when institutions become powerful and borders porous. Furthermore, the hyperglobalization that is integral to the liberal order creates economic problems among the lower and middle classes within the liberal democracies, fueling a backlash against that order. Finally, the liberal order accelerated China's rise, which helped transform the system from unipolar to multipolar. A liberal international order is possible only in unipolarity. The new multipolar world will feature three realist orders: a thin international order that facilitates cooperation, and two bounded orders—one dominated by China, the other by the United States—poised for waging security competition between them.
  • Topic: International Relations, International Relations Theory, Liberal Order
  • Political Geography: United States, China, Europe
  • Author: J.C. Sharman
  • Publication Date: 04-2019
  • Content Type: Journal Article
  • Journal: International Security
  • Institution: Belfer Center for Science and International Affairs, Harvard University
  • Abstract: The making of the international system from c. 1500 reflected distinctively maritime dynamics, especially “gunboat diplomacy,” or the use of naval force for commercial gain. Comparisons between civilizations and across time show, first, that gunboat diplomacy was peculiarly European and, second, that it evolved through stages. For the majority of the modern era, violence was central to the commercial strategies of European state, private, and hybrid actors alike in the wider world. In contrast, large and small non-Western polities almost never sought to advance mercantile aims through naval coercion. European exceptionalism reflected a structural trade deficit, regional systemic dynamics favoring armed trade, and mercantilist beliefs. Changes in international norms later restricted the practice of gunboat diplomacy to states, as private navies became illegitimate. More generally, a maritime perspective suggests the need for a reappraisal of fundamental conceptual divisions and shows how the capital- and technology-intensive nature of naval war allowed relatively small European powers to be global players. It also explains how European expansion and the creation of the first global international system was built on dominance at sea centuries before Europeans’ general military superiority on land.
  • Topic: International Cooperation, International Security, Military Strategy, Military Affairs, Navy, Law of the Sea, Maritime
  • Political Geography: United States, Europe
  • Author: Andriy Tyushka
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: International Issues: Slovak Foreign Policy Affairs
  • Institution: Slovak Foreign Policy Association
  • Abstract: The Eastern Partnership’s tenth-anniversary celebration in May 2019 by the European Union and its Eastern neighbors was anything but grandiose and festive. Internal EU developments, the overall political dynamics in the region and the indeterminacies of the Eastern Partnership project were the main cause. As the EU’s flagship policy initiative towards its Eastern European neighborhood is currently undergoing auditing and revision, this article seeks to cast a look back at how the Eastern Partnership has functioned over the past decade – and to think forward to its future(s) with regard to design and deliverables in face of the enduring and imminent policy dilemmas in this highly contested region.
  • Topic: Development, International Cooperation, Regional Cooperation, Treaties and Agreements, Public Policy
  • Political Geography: Europe, Ukraine, Moldova, Armenia, Azerbaijan, Georgia, Belarus
  • Author: Myroslava Lendel
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: International Issues: Slovak Foreign Policy Affairs
  • Institution: Slovak Foreign Policy Association
  • Abstract: Since 2009, the main mechanism of Eurointegration in Ukraine, in addition to the bilateral diplomatic efforts and internally driven pro-European reforms, has been the Eastern Partnership (EaP), a multilateral project has that brought Kyiv both new opportunities and additional challenges and uncertainty. Although the positives outcomes have generally been welcomed, these have not detracted from the commonly held view among experts that despite good outcomes in stimulating economic reform, support for the new government and citizen institutions, and a tangible contribution to stability on the EU borders, the current strategy alone will not secure the stable development of the democracy and market economy in Eastern Europe generally, and Ukraine in particular. The commitment of these countries to general European principles has to be supported by the prospect of EU membership and that means revisiting the current format and especially the philosophy behind the Eastern Partnership. One possible scenario could be the formation of EaP+3 within the European Partnership, which would bring together Ukraine, Georgia and Moldova – the countries with Association Agreements with the EU – and a commitment to EU membership.
  • Topic: Diplomacy, International Cooperation, International Trade and Finance, Regional Cooperation, Treaties and Agreements, Public Policy
  • Political Geography: Europe, Ukraine, Moldova, Georgia
  • Author: Alexander Duleba
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: International Issues: Slovak Foreign Policy Affairs
  • Institution: Slovak Foreign Policy Association
  • Abstract: This article analyzes perceptions of the opportunities and problems in EU–Ukraine relations among officials from the European Commission and Ukraine’s government institutions involved in implementing the Association Agreement. It presents the findings of empirical research conducted through semi-structured interviews with ten representatives from the European Commission and ten representatives from Ukraine’s government institutions. The analysis shows that despite differences in their assessments of mutual relations and cooperation, which undoubtedly cause communication problems, there are no elements underpinning the mutual perceptions that would create major obstacles to EU–Ukraine cooperation over implementation of the Association Agreement. However, the research also shows that a sufficiently large number of obstacles do exist and these could slow the implementation of the Association Agreement.
  • Topic: International Cooperation, Regional Cooperation, Treaties and Agreements, Public Policy
  • Political Geography: Europe, Ukraine
  • Author: Petra Kuchyňková
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: International Issues: Slovak Foreign Policy Affairs
  • Institution: Slovak Foreign Policy Association
  • Abstract: According to Petra Kuchyňková, assistant professor at Masaryk University in Brno, the Eastern Partnership has been relatively successful, despite the frequent political instability in EaP countries. However, the EU has not always been consistent in its neighborhood policy. This is easily understood if we look at the heterogeneity of the EaP countries and the differences in the extent of Russian influence in the region. According to Kuchyňková, the EU should not abolish the sanctions on Russia unless there is visible progress in the Minsk process, so as to avoid damaging its reputation as normative actor. Cooperation between the EU and the EEU seems unlikely due the atmosphere of mistrust and suspicion. EU neighborhood policy could receive new impetus as a result of it being given more attention in the new multiannual financial framework.
  • Topic: International Cooperation, International Trade and Finance, Regional Cooperation, Treaties and Agreements, Public Policy, Trade Liberalization
  • Political Geography: Europe, Ukraine, Moldova, Armenia, Azerbaijan, Georgia, Belarus
  • Author: Slawomir Matuszak
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: International Issues: Slovak Foreign Policy Affairs
  • Institution: Slovak Foreign Policy Association
  • Abstract: The paper analyzes the first years of the Association Agreement between Ukraine and the European Union, focusing on the economic part: the Deep and Comprehensive Free Trade Area agreement (DCFTA). It describes the causes and results of changes in the flow of goods, and the implications of these for Ukraine’s policy. The DCFTA was one of the key tools that allowed Ukraine to survive the difficult period of economic crisis. The aim of this article is to show to what extent, starting from 2015, Ukraine has begun to integrate with the EU market and at the same time become increasingly independent of the Russian market and more broadly the countries of the Eurasian Economic Union. It can be assumed that this process will only accelerate. It is just the first stage on the pathway followed by the countries of Central and Eastern Europe in the 1990s. To achieve full integration requires an increase in investment cooperation, currently at a fairly low level.
  • Topic: Diplomacy, International Cooperation, International Trade and Finance, Regional Cooperation, Free Trade
  • Political Geography: Europe, Ukraine, Moldova, Armenia, Azerbaijan, Georgia, Belarus
  • Author: Hannah Woolaver
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: If a state withdraws from a treaty in a manner that violates its own domestic law, will this withdrawal take effect in international law? The decisions to join and withdraw from treaties are both aspects of the state’s treaty-making capacity. Logically, international law must therefore consider the relationship between domestic and international rules on states’ treaty consent both in relation to treaty entry and exit. However, while international law provides a role for domestic legal requirements in the international validity of a state’s consent when joining a treaty, it is silent on this question in relation to treaty withdrawal. Further, there has been little scholarly or judicial consideration of this question. This contribution addresses this gap. Given recent controversies concerning treaty withdrawal – including the United Kingdom’s exit from the European Union, South Africa’s possible withdrawal from the International Criminal Court, and the threatened US denunciation of the Paris Agreement – and the principles underlying this body of law, it is proposed that the law of treaties should be interpreted so as to develop international legal recognition for domestic rules on treaty withdrawal equivalent to that when states join treaties, such that a manifest violation of domestic law may invalidate a state’s treaty withdrawal in international law.
  • Topic: International Law, Treaties and Agreements, European Union, Courts, State Actors
  • Political Geography: United Kingdom, Europe, South Africa, United States of America
  • Author: Surabhi Ranganathan
  • Publication Date: 04-2019
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: In this article, I argue for a critical recognition of the law of the sea, as it developed from the post-war period, as fostering a ‘grab’ of the ocean floor via national jurisdiction and international administration. I discuss why we should view what might be discussed otherwise as an ‘enclosure’ or ‘incorporation’ of the ocean floor within the state system as its grab. I then trace the grounds on which the ocean was brought within national and international regimes: the ocean floor’s geography and economic value. Both were asserted as givens – that is, as purely factual, but they were, in fact, reified through law. The article thus calls attention to the law’s constitutive effects. I examine the making of this law, showing that law-making by governments was influenced by acts of representation and narrative creation by many non-state actors. It was informed by both economic and non-economic influences, including political solidarity and suspicion, and parochial as well as cosmopolitan urges. Moreover, the law did not develop gradually or consistently. In exploring its development, I bring into focus the role played by one influential group of actors – international lawyers themselves.
  • Topic: Economics, International Law, History, Law of the Sea, Maritime
  • Political Geography: Europe, Oceans
  • Author: Paz Andrés Sáenz De Santa María
  • Publication Date: 07-2019
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article examines the European Union’s (EU) treaty practice from the perspective of the international law of treaties, focusing on its most significant examples. The starting point is the EU’s attitude towards the codification of treaty law involving states and international organizations. The article discusses certain terminological specificities and a few remarkable aspects, such as the frequent use of provisional application mechanisms as opposed to much less use of reservations, the contributions regarding treaty interpretation, the wide variety of clauses and the difficulties in determining the legal nature of certain texts. The study underlines that treaty law is a useful instrument for the Union and is further enriched with creative contributions; the outcome is a fruitful relationship.
  • Topic: International Law, Treaties and Agreements, European Union, Courts
  • Political Geography: Europe, European Union
  • Author: Dario Cristiani
  • Publication Date: 04-2019
  • Content Type: Journal Article
  • Journal: China Brief
  • Institution: The Jamestown Foundation
  • Abstract: In March 2019, Italy and the People’s Republic of China (PRC) signed a broad and comprehensive, albeit not legally binding, Memorandum of Understanding (MoU) for Italy to join the Chinese-led Belt and Road Initiative (BRI). This has triggered a significant debate—in Brussels as well as in Washington—about whether this decision signalled an Italian shift away from its historical pro-European and pro-Atlantic position, to a more nuanced position open to deepening strategic ties with China. The MoU is not definite proof of such a shift, and the Italian government has denied any strategic change. However, Italy is the first major European country, and the first Group of Seven (G7) member, to formalize its participation with the BRI project. As such, this development is particularly remarkable.
  • Topic: Diplomacy, International Trade and Finance, Bilateral Relations, European Union, Economy
  • Political Geography: China, Europe, Asia, Italy
  • Author: John Dotson
  • Publication Date: 02-2019
  • Content Type: Journal Article
  • Journal: China Brief
  • Institution: The Jamestown Foundation
  • Abstract: The December 1, 2018, arrest of Huawei chief financial officer Meng Wanzhou, and the arrest of another Huawei employee in Poland, come on the heels of a series of escalating measures—or measures under consideration—by governments in North America and the Pacific Region to restrict the use of Chinese-manufactured telecommunications equipment. Such measures are now increasingly under consideration in Europe, as well, with major implications not only for the international profile of companies such as Huawei, but also for the construction of advanced communications infrastructure throughout much of the world.
  • Topic: Science and Technology, Cybersecurity, Economy, Research
  • Political Geography: China, Europe, Asia, Poland, North America, United States of America
  • Author: Gordon S. Bardos
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: Warsaw East European Review (WEER)
  • Institution: Centre for East European Studies, University of Warsaw
  • Abstract: The decline in the number of Balkan jihad volunteers setting off for the Islamic State over the past couple of years should not lull observers into the belief that the threat posed by the militant Islamist movement in southeastern Europe has declined as well. In fact, the collapse of the Caliphate might increase the threat in the Balkans; as Bajro Ikanović, a Bosnian extremist warned, “your intelligence agencies made a mistake thinking that they would be rid of us, however, the problem for them will be the return of individuals trained for war.” Ikanović himself will not be carrying out this threat, however, because he was killed in Syria, but no doubt many of his comrades feel the same way.
  • Topic: Terrorism, Islamic State
  • Political Geography: Europe, Bosnia, Middle East, Syria
  • Author: Oleksandr Okhrimenko, Stanislav Voloshchenko
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: Hiperboreea
  • Institution: Balkan History Association
  • Abstract: The Gavril Uric’s Psalter, created in 1437, remains one of the important manuscripts from the Neamț Monastery and South Slavic Cyrillic heritage. Involving the late medieval religious source into research, especially then it is a common text as Psalter, inspires to see this codex as the material object that was used by several generations. The system how the scribe organized the page, how he solved the mistakes, how he decorated the text is the way of interacts with his readers; behind the sacred text he put eyes of God, shown by his calligraphy. The Psalter of 1437 became a memorial of the scribe Gavril Uric, Leon the monk, and other people, who signed the codex with their names at different times. Until the 19th century, this Psalter remained the physical mediator between the person and God. From the end of the 19th century, the book was an object for scientific research and closed to the public. Nowadays, the digital version gives a new breath for the Psalter and new opportunity to revise our perception and the way in which we study medieval manuscripts.
  • Topic: Religion, Science and Technology, Medieval History
  • Political Geography: Europe, Ukraine, Eastern Europe
  • Author: Christopher Datta
  • Publication Date: 11-2019
  • Content Type: Journal Article
  • Institution: American Diplomacy
  • Abstract: To win the Cold War, President Ronald Reagan did something for which he is never credited: he dramatically increased the budget of the United States Information Agency, the public diplomacy arm of our struggle against communism. Senegal, in September of 1999, was about to hold a presidential election. Because of USIA's long history of promoting journalism in Senegal, the embassy decided to work in partnership with the local Print, Radio and Television Journalists Federation to hold a series of workshops on the role of journalists in covering elections. USIA was uniquely organized to promote democratic development through the long term support of human rights organizations, journalism, programs that helped build the rule of law, educational programs that encouraged the acceptance of diversity in society and, perhaps most importantly, through partnering with and supporting local opinion leaders to help them promote democratic values that stand in opposition to ideologies hostile to the West.
  • Topic: Cold War, Diplomacy, Human Rights, Elections, Democracy, Rule of Law, Ideology, Networks, Journalism
  • Political Geography: Afghanistan, Russia, United States, Europe, Iran, Soviet Union, West Africa, Syria, Senegal
  • Author: Keith C. Smith
  • Publication Date: 02-2019
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: President Boris Yeltsin’s imperial views on the “near abroad,” and President Vladimir Putin’s regarding Russia’s alleged “sphere of influence” has left Russia considerably weaker than it would have been otherwise, and the world much more endangered.
  • Topic: Arms Control and Proliferation, Cold War, Diplomacy, Economics, Politics, Armed Forces, Reform, Gas
  • Political Geography: Russia, Europe, Ukraine, Soviet Union, Germany, Estonia, Latvia, United States of America, Baltic States
  • Author: Ofer Israeli
  • Publication Date: 02-2019
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: After a century of an American world order established by U.S. President Woodrow Wilson at the end of the First World War, we are facing a shift in Washington’s global attitude. President Trump’s approach to world affairs is different. Although Obama, and to some extent Bush before the September 11, 2001 terror attacks, was starting to withdraw from the U.S. historical position of key global superpower, President Trump’s approach to world affairs is a much more drastic acceleration of this move. Continuing in this direction means we may soon face a collapse of America’s century-long preeminence, and the creation of a new world order in which the U.S. is no longer leading the global power, but only first among sovereigns, if at all.
  • Topic: International Relations, Cold War, Government, World War I, World War II, Institutionalism
  • Political Geography: Russia, Europe, Iran, Middle East, Israel, Soviet Union, United States of America
  • Author: Mikael Barfod
  • Publication Date: 05-2019
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: Controversies have abounded, including Palestine and Israel within the UN's Human Rights Council, lack of US support for the International Law of the Sea (since 1994), and the International Criminal Court (since 2002). Collectively, the European Union and its Member States remain by far the largest financial contributor to the UN, providing 30% of all contributions to the budget and 31% of peace-keeping activities in addition to substantial contributions towards project-based funding. 4. Some may object that the European Union has been hampered by the lack of a common position among EU Member States on the future of the UN Security Council (UNSC), where two member-states, UK and France, currently have permanent seats and one, Germany, is desperate to get one.
  • Topic: International Relations, Cold War, Human Rights, European Union, Multilateralism
  • Political Geography: Africa, China, United Kingdom, Europe, Iran, Israel, Asia, France, Germany, United States of America
  • Author: Louis Sell
  • Publication Date: 05-2019
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: The overwhelming majority of politically active Kosovo Albanians remain committed to a democratic vision of their country’s future, anchored by eventual membership in the EU and NATO. But many are losing faith in the EU’s institutional structure, which they view as having reneged on a promised to provide them visa-free entry and failing to provide a clear path toward membership. Kosovars retain a strong faith in the US, which they correctly see as primarily responsible for their liberation from Serbian oppression and as their only reliable ally in an increasingly dangerous Balkan environment.
  • Topic: Development, Diplomacy, Territorial Disputes, European Union
  • Political Geography: Europe, Kosovo, Serbia, Balkans, United States of America, European Union
  • Author: Hans Tuch
  • Publication Date: 02-2019
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: When I was Public Affairs Counselor in Bonn, we received frequent visits from administration officials. Our routine preparations included preparing briefing materials for the officials and press packets for the accompanying traveling journalists. Although we were pretty skilled at these activities, there was always room for error, as we discovered in December 1982 during the first visit to Bonn of the newly appointed Secretary of State George Shultz.
  • Topic: Cold War, Diplomacy, Memoir
  • Political Geography: Europe, Germany, United States of America
  • Author: Richard Gilbert
  • Publication Date: 05-2019
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: Moving vans pulling away from the sprawling former embassy of the United States in Bonn, Germany, in the summer of 1999 carried more heavy freight than just office furniture and the paraphernalia of a large embassy in transition. The trucks were laden as much with symbolism as with the residue of files, desks and chairs. As the vans crossed the John F. Kennedy Bridge over the Rhine and pointed north and east toward Berlin, a half century of American diplomacy in Bonn was coming to an end.
  • Topic: Cold War, Diplomacy, European Union, Memoir
  • Political Geography: Europe, Germany, North America, United States of America
  • Author: Mason Hill
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: Harvard Journal of Middle Eastern Politics and Policy
  • Institution: The John F. Kennedy School of Government at Harvard University
  • Abstract: This is the first in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. Constitutions are nations’ mission statements, and articulate pre-political commitments that turn residents into citizens, and borders into a nation. In Turkey, generations of political leaders have used constitutional reform as an opportunity to set their political agenda and highlight their priorities. The 2017 referendum must be understood in the context of a democracy where voters have experienced successive constitutional reforms aimed at complementing the mission each new generation of leaders gives itself. A view of modern Turkish history reveals the tendency of leaders to use constitutional reform to address deficiencies in their respective administrations, and reflects the latent tension between populism, military intervention, and constitutional integrity.
  • Topic: Politics, History, Law, Reform, Constitution
  • Political Geography: Europe, Turkey, Middle East
  • Author: Mason Hill
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: Harvard Journal of Middle Eastern Politics and Policy
  • Institution: The John F. Kennedy School of Government at Harvard University
  • Abstract: This is the third in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. the 2017 Constitutional Referendum have only entrenched that reality. Erdogan’s dominance in Turkish politics should not obscure the fact that the individual office holder rather than an ideologically-grounded bloc is now the fulcrum upon which Turkish politics shifts. The Justice and Development Party (AKP) that came to power promising reform, religious pluralism and market-friendly economic policies has become a vehicle for Erdoğan’s personal ambition. After the Gezi Park protests and amid allegations of his son’s corruption, Erdogan became an increasingly polarizing personality in Turkish politics who weighed down the AKP brand in the 2015 parliamentary elections. Yet Erdoğan’s popularity returned during the pivotal moment of the 2016 coup attempt, when he appeared in a live interview with a reporter via Facetime. By the time 2017 referendum campaign, Erdoğan personally rather than AKP parliamentarians was the medium around which responses were polarized. The extension of Erdoğan’s personal control over the levers of power was particularly apparent in the referendum’s changes to the structure of the legislative and judicial branches of the Turkish government, granting legal justification to Erdoğan’s de facto force of personality regime. Developments over the past year have made clear that Turks are increasingly casting votes for and against candidates rather than parties.
  • Topic: Politics, Elections, Constitution, Recep Tayyip Erdoğan, Coup
  • Political Geography: Europe, Turkey, Middle East
  • Author: Arega Hovsepyan
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: Harvard Journal of Middle Eastern Politics and Policy
  • Institution: The John F. Kennedy School of Government at Harvard University
  • Abstract: After the attempted coup d’état of 15 July 2016, discussion inside expert circles about the construction of a “new” Turkey took on a new urgency. The result of the 2017 constitutional referendum remade Turkey’s political institutions, but the events of the 2016 coup attempt also catalyzed changes to the symbolism of the state. The ruling Justice and Development Party, whose slogans had long promised “a new Turkey,” was at the forefront of the surge in hardened messaging. The cornerstone of this “new Turkey” is а classical concentration of political power in the hands of one person, specifically President Recep Tayyip Erdoğan. Kemalism, Turkey’s founding ideology, is in the process of being replaced by the new ideology of the new president. Although it is still early to characterise this new ideology in Turkey as “Erdoğanism”, the similarities and contradictions of Kemalism and Erdoğanism lend insight on the structure of Turkish politics. The era of Erdoğan has been unleashed in Turkey, and moreover, its eponym is eager to not only replace the personality cult of Mustafa Kemal Atatürk, but also to surpass the historic founder’s titanic image.
  • Topic: Politics, History, Authoritarianism, Ideology, Coup
  • Political Geography: Europe, Turkey, Middle East
  • Author: Fridtjof Falk
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: Harvard Journal of Middle Eastern Politics and Policy
  • Institution: The John F. Kennedy School of Government at Harvard University
  • Abstract: On November 5th, 2018, the Trump administration re-imposed severe sanctions on Iran. These sanctions, which President Obama called the “toughest sanctions ever faced by the Iranian government,” were lifted by the 2015 Joint Comprehensive Plan of Action (JCPOA), also known as the Iran Deal. The JCPOA was signed with a view to blocking Iran’s alleged pursuit of nuclear weapons, allowing international inspectors into Iran in return for sanctions relief. Withdrawing the United States (US) from the deal was a prominent promise of Donald Trump leading up to the presidential elections of 2016. In a May 2018 speech that described the deal as rooted in “fiction,” President Trump made good on his promise to leave the JCPOA and to move to unilaterally re-impose sanctions on Iran.
  • Topic: International Relations, Nuclear Weapons, Treaties and Agreements, Sanctions, Nuclear Power, Economy
  • Political Geography: Europe, Iran, Middle East, North America, United States of America
  • Author: Alan Desmond
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article critically examines the evolving practice of the European Court of Human Rights (ECtHR) towards the definition and use of the concepts of family life and private life in cases involving migrants who seek to resist deportation by invoking Article 8 of the European Convention on Human Rights. The examination reveals an approach on the part of the Court that has the effect of shrinking the protection potential of Article 8 for migrant applicants, allowing state interest in expulsion to carry the day. This is symptomatic of Strasbourg’s deference to state sovereignty in the realm of migration. While the ECtHR has issued a number of landmark rulings roundly vindicating migrants’ rights, these are the exception to the rule of Strasbourg’s deference to state powers of immigration control. This approach has far-reaching implications for migrants in the member states of the Council of Europe. The article concludes by highlighting the tools at the Court’s disposal that could be employed to construct a more human rights-consistent approach in this strand of jurisprudence, which is an issue all the more relevant in light of the growing number of migrants seeking to establish a life in Europe.
  • Topic: Human Rights, International Law, Migration, Sovereignty, Courts
  • Political Geography: Europe, France
  • Author: Itamar Mann
  • Publication Date: 04-2018
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article explores the trope of the ‘legal black hole’ to reveal questions of legal theory arising from contemporary migrant drownings. The theme was popularized during what was then called the ‘war on terror’, but its trajectory is longer and more complex. Its material history, as well as its intellectual history within legal scholarship, suggest three distinct ‘legacies’ of legal black holes: the counterterrorism legacy; the migrant-detention legacy; and the legacy of the maritime legal black hole. The tripartite division provides a conceptual typology of instances where persons are rendered rightless. While the two former types are characterized by de facto rightlessness due to a violation of international law, the latter exposes a seldom acknowledged, yet crucial, characteristic of international law; the age-old doctrine on the division of responsibilities between states and individuals at land and at sea is now creating the conditions in which some people are rendered de jure rightless. Moreover, the typology sheds light on the specifically legal reasons for the seeming failure to end mass drowning of migrants and refugees in the Mediterranean Sea. Tracing the ways in which people become de jure rightless is ultimately suggested as a broader research agenda for scholars of international law.
  • Topic: Human Rights, International Law, Migration, Maritime
  • Political Geography: Europe, Mediterranean
  • Author: Leora Bilsky, Rachel Klagsbrun
  • Publication Date: 04-2018
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: Cultural genocide, despite contemporary thinking, is not a new problem in need of normative solution, rather it is as old as the concept of genocide itself. The lens of law and history allows us to see that the original conceptualization of the crime of genocide – as presented by Raphael Lemkin – gave cultural genocide centre stage. As Nazi crime was a methodical attempt to destroy a group and as what makes up a group’s identity is its culture, for Lemkin, the essence of genocide was cultural. Yet the final text of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) does not prohibit cultural genocide as such, and it is limited to its physical and biological aspects. What led to this exclusion? In this article, we examine the various junctures of law, politics and history in which the concept was shaped: the original conceptualization by Lemkin; litigation in national and international criminal courts and the drafting process of the Genocide Convention. In the last part, we return to the mostly forgotten struggle for cultural restitution (books, archives and works of art) fought by Jewish organizations after the Holocaust as a countermeasure to cultural genocide. Read together, these various struggles uncover a robust understanding of cultural genocide, which was once repressed by international law and now returns to haunt us by the demands of groups for recognition and protection.
  • Topic: Genocide, International Law, History, Culture, Courts, Holocaust
  • Political Geography: Europe, Germany
  • Author: Alexandra Adams
  • Publication Date: 07-2018
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: The article analyses the over 20 years’ jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda with respect to the crime of rape. It discusses how the attitude towards the prosecution of sexual crimes has changed since the Tribunals work began and what impact its jurisprudence has had on other attempts to define rape (elements of crime [EOC]). The article explores in depth the various definitions of rape given by the different chambers of both Tribunals. Consequently, it examines if the ultimate definition of the Kunarac chamber will prevail in international law. Not only are the weaknesses of the Kunarac definition that followed a pure consent approach revealed but the EOC of rape that opted for a combination of the coercion approach with one aspect of the lack-of-consent doctrine (incapacity) also face criticism. This leaves only one response – namely, that the elements of rape in international criminal law today can only be based upon a newly conducted comparison of national laws, thereby reflecting the general principles of the major legal systems of the world. The strongest accomplishment of both Tribunals concerning the crime of rape therefore lies not in the clarification of the elements of rape but, rather, in the revelation of a law-finding method, which is indispensable to the rudimentary field of international criminal law.
  • Topic: International Law, War Crimes, Gender Based Violence , Courts, Rape
  • Political Geography: Europe, Yugoslavia, Rwanda
  • Author: Veronika Fikfak
  • Publication Date: 10-2018
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: Regardless of the efforts undertaken through the many reforms of the European Convention on Human Rights system, non-compliance with the judgments of the European Court of Human Rights (ECtHR) remains a major problem for the Council of Europe. This article asks how we can change state behaviour and what role, if any, could damages play in this context. First, the article focuses on how the choice of remedy affects compliance and why aggravated or punitive damages look like an ideal option to nudge states into compliance. I explore recent arguments by scholars and judges who argue that the ECtHR should actively shift its approach (or perhaps already has) to nudge state behaviour towards compliance and prevention of future violations. Based on my empirical research, I show that the current case law presents several obstacles to the introduction of such damages. Building on the economic analysis of the law and insights from behavioural sciences, I reveal how the Court’s approach fails to comply with any of the elements needed to incentivize states to change their behaviour. I finally question to what extent aggravated or punitive damages can be efficient within a system that relies on voluntary compliance.
  • Topic: Human Rights, International Law, Reform, Courts
  • Political Geography: Europe, France
  • Author: Asifa Jahangir, Umbreen Javaid
  • Publication Date: 07-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: The war-torn Afghanistan has long suffered from the dynastical contests and fraught economic strategies of foreigners, which instigated constant internal strife and regional instability. The foreign interventions have made this land a sphere of influence and initiated the great game politics sporadically. This paper attempts to examine the historical geostrategic tussles in Afghanistan between international players on the one hand and regional actors on the other hand over control and manipulation of Afghanistan and its surrounding regions through the lens of conceptual framework of unintended consequences approach, which deals with irrational aspect of foreign policy of the states. This study makes interesting contribution to the existing literature of the [old] Great Game of the late 19th century between Czarist Russia and Great Britain or New Great Game by re-conceptualizing this idea into a new concept of the Grand Great Game or the 3G in place of explaining the unintended consequences of the historical events i.e. the Soviet invasion of Afghanistan of 1979, the post-Cold War era when the regional players Pakistan and India got involved in Afghanistan; and the US invasion of Afghanistan of 9/11 incident. The findings of the paper suggest that the unintended consequences of these historical events are bitter than the reality. The foreign interventions have paralyzed the Afghan society and made it more insecure by promoting clandestine terrorist activities and proxies. The interview technique helps to verify the 3G concept and present its unintended consequences. The critical content analysis of the primary and secondary data is of assistance to understand that the current 3G to be not only multidimensional competition, embodying multiple stakeholders but also incorporating complex self-defined rational as well as irrational foreign policy objectives and national interests.
  • Topic: Foreign Policy, Terrorism, History, Power Politics, Territorial Disputes, Taliban, Geopolitics, Military Intervention
  • Political Geography: Pakistan, Afghanistan, Europe, South Asia, India, Punjab, United States of America
  • Author: Thomas E. McNamara
  • Publication Date: 04-2018
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: We persistently promote each major development assistance plan or nation-building project as “a Marshall Plan for _(fill_in_name)_.” Once a plan is underway supporters and opponents play out their different agendas. Supporters of foreign assistance downplay “Marshall Plan” comparisons because expectations cannot be met. Opponents stress the comparison to highlight shortfalls. This happens because none of the nation-building plans ever measures up to the original, successful, real, Marshall Plan. And they never will. Not in Iraq, not in Afghanistan, not in Ukraine, not in Latin America, not in Africa. They won’t because the original Marshall Plan, contrary to popular myth, had nothing to do with development or nation building. It had everything to do with accelerating the reconstruction of already developed nations in Europe after two massively destructive wars.
  • Topic: Development, Diplomacy, History, Foreign Aid, World War II
  • Political Geography: Europe, United States of America
  • Author: Robert Cox
  • Publication Date: 09-2018
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: The Europe-US relationship is based on two pillars: a belief in and a promotion of a rules-based international order; a shared set of common values. Both of these pieces of mortar are crumbling. But the partners are not yet in the divorce court. Meanwhile Europeans increasingly sense that their familiar and otherwise comfortable world has gone.
  • Topic: International Relations, Economics, European Union, Brexit
  • Political Geography: Europe, North America, United States of America
  • Author: W. Robert Pearson
  • Publication Date: 03-2018
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: Russia and Turkey are dancing a complicated pas de deux—for separate and common reasons. The happy couple has captivated global attention. There are reasons today to anticipate greater collaboration between Turkey and Russia in Syria and against Europe and the United States. However, there are also significant contradictions that could weaken the prospects of cooperation between the two countries. For gains against Syrian Kurds and to fan nationalist flames domestically, Turkey may be ignoring longer term needs. Russia is the major partner in the arrangement and sees little reason to sacrifice its interests to please Turkey. One day this unequal relationship may cause Turkey to question its value.
  • Topic: Foreign Policy, Diplomacy, History, Bilateral Relations, Military Intervention
  • Political Geography: Russia, Europe, Turkey, Middle East, Syria
  • Author: David A. Langbart
  • Publication Date: 04-2018
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: As a result of the German invasion of Poland on September 1, 1939, the U.S. consulate general in Warsaw and its staff faced extraordinary circumstances. The Department of State included a brief overview of those experiences in a background report on wartime hazards faced by the Foreign Service during the period before the United States entered World War II. The extreme nature of what the consulate general’s staff faced are such, however, that it is worth presenting the full report of Consul General John K. Davis. Written from Oslo, Norway, after evacuation to that city, Davis’s despatch provides a detailed and evocative description of the events and occurrences that befell the staff in Warsaw. The ordeal was great. As the Consul General noted, “for all practical purposes we found ourselves living in the midst of a battlefield.”
  • Topic: Diplomacy, History, World War II, Memoir
  • Political Geography: Europe, Poland, North America, United States of America
  • Author: Alejandro Chehtman
  • Publication Date: 01-2017
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: Drones constitute an incremental advance in weapons systems. They are able to significantly reduce overall, as well as collateral, damage. These features seem to have important implications for the permissibility of resorting to military force. In short, drones would seem to expand the right to resort to military force compared to alternative weapons systems by making resorting to force proportionate in a wider set of circumstances. This line of reasoning has significant relevance in many contemporary conflicts. This article challenges this conclusion. It argues that resorting to military force through drones in contemporary asymmetrical conflicts would usually be disproportionate. The reason for this is twofold. First, under conditions of radical asymmetry, drones may not be discriminatory enough, and, thereby, collateral damage would still be disproportionate. Second, their perceived advantages in terms of greater discrimination are counteracted by the lesser chance of success in achieving the just cause for war. As a result, resorting to military force through drones in contemporary asymmetrical conflicts would generally be disproportionate not because of the harm they would expectedly cause but, rather, because of the limited harm they are ultimately able to prevent. On the basis of normative argument and empirical data, this article ultimately shows that we need to revise our understanding of proportionality not only at the level of moral argument but also in international law.
  • Topic: International Law, War, Military Affairs, Weapons , Drones
  • Political Geography: Afghanistan, United States, Europe
  • Author: Noëlle Quénivet
  • Publication Date: 04-2017
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article investigates whether international law prohibits the prosecution of children for war crimes and, if it does not, whether it should do so. In particular, the interplay between restorative and retributive post-conflict justice mechanisms, on the one hand, and juvenile rehabilitative justice mechanisms, on the other, is discussed in detail. The article suggests that in certain, narrow, circumstances children having committed war crimes should be prosecuted.
  • Topic: Conflict Resolution, Human Rights, International Law, Children, War Crimes, Transitional Justice
  • Political Geography: Afghanistan, Europe, Democratic Republic of Congo
  • Author: Merris Amos
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: National debates concerning the appropriate role of the European Court of Human Rights (ECtHR) in the United Kingdom (UK) recently intensified with the suggestion by the government that the UK might leave the European Convention on Human Rights system. It has been argued that a British Bill of Rights, to replace the current system of national human rights protection provided by the Human Rights Act 1998, would provide better protection than the ECtHR, making its role in the national system redundant. Claiming that the ECtHR is legitimate and has an impact that is usually illustrated by the transformative power of judgments more than 10 years’ old, have not provided a convincing answer to this claim. In this article, rather than legitimacy or impact, the value of the ECtHR to the objective of protecting human rights through law is assessed. Three different levels of value are identified from the relevant literature and then applied to the judgments of the Court concerning the UK from 2011 to 2015 to determine what has happened in practice. It is concluded that given that the UK government’s objective remains to protect human rights through law, although some types of value are now more relevant than others, overall the potential value of the Court to the UK in achieving this objective is still clearly evident.
  • Topic: Human Rights, International Law, Courts
  • Political Geography: United Kingdom, Europe
  • Author: Luke Glanville
  • Publication Date: 10-2017
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: While histories of human rights have proliferated in recent decades, little attention has been given to the history of thinking about duties to protect these rights beyond sovereign borders. We have a good understanding of the history of duties of sovereign states to ensure the safety and well-being of their own citizens and of the right of other states to forcefully intervene when these duties are violated. But the story of the development of thinking about duties to assist and protect the vulnerable beyond borders remains to be told. This article defends the importance of excavating and examining past thinking about these duties. It then sketches key aspects of Western natural law thinking about such duties, from Francisco de Vitoria through to Immanuel Kant, claiming that such study holds the promise of exposing from where ideas that prevail in international law and politics have come and retrieving alternative ideas that have been long forgotten but that may reward renewed consideration. It concludes by briefly outlining how three such retrieved ideas might be of particular use for those seeking to push international law and politics in a more just direction today.
  • Topic: Human Rights, International Law, Sovereignty, History, Humanitarian Intervention, Philosophy
  • Political Geography: Europe, Global Focus
  • Author: Catherine O'Rourke
  • Publication Date: 10-2017
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: While international law has typically waxed and waned in feminist favours, contemporary feminist engagements reveal a strongly critical, reflective thrust about the costs of engaging international law and the quality of ostensible gains. To inform this reflection, this article draws on feminist scholarship in international law – and a specific feminist campaign for the implementation of United Nations Security Council Resolution 1325 (2000) on Women, Peace and Security in Northern Ireland – to distil three distinct feminist understandings of international law that underpin both theory and advocacy. International law is understood, first, as a system of rules to which states are bound; second, as an avenue for the articulation of shared feminist values; and, third, as a political tool to advance feminist demands. The study finds that feminist doctrinalists, and those working within the institutions of international law, share concerns about the resolution’s legal deficiencies and the broader place of the Security Council within international law-making. These concerns, however, are largely remote for local feminist activists, who recognize in the resolution important political resources to support their mobilization, their alliances with others and, ultimately, it is hoped, their engagement with state actors. The article concludes that critical reflection on feminist strategy in international law is usefully informed by more deliberate consideration of its legal, political and normative dimensions as well as by an awareness that these dimensions will be differently weighted by differently situated feminist actors.
  • Topic: International Law, United Nations, Women, Feminism
  • Political Geography: Europe, Northern Ireland
  • Author: Lóránd Ujházi
  • Publication Date: 12-2017
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: Because of the current migration crisis the central organizations of the Catholic Church were forced to reflect upon more directly about the humanitarian, pastoral and policy aspects of the refugee issue. However, neither the annual speeches delivered by the pope at the annual World Day of Migrants and Refugees, nor other “ad hoc” communications by the representatives of the Holy See at multiple liturgical and diplomatic events led to any systematic legal and structural changes. These exhortations are not laws in the strict sense, instead they provide guidance to church organizations and pieces of advice for international and national authorities which must, by law, manage the whole migration crisis. The situation has changed with the emanation of a motu proprio titled Humanam progressionem on 31 August 2016, which led to the foundation of the new “Dicastery for Promoting Integral Human Development” inside the Vatican. This new document has amended the governance structure of the Holy See and other relevant regulations. In this paper we focus on the historical and political background which motivated the legislator to modify the existing legal framework. We analyze the new law and the new administrative system in the context of current Canon Law and its influence upon the operations of other Holy See offices.
  • Topic: Religion, Refugee Crisis, Catholic Church, Religious Law
  • Political Geography: Europe, Vatican city
  • Author: Antonio Pinto da France
  • Publication Date: 10-2017
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: Angola – O dia-a-dia de um embaixador Angola – an ambassador’s daily diary by Ambassador Antonio Pinto da France Edicao de Livros e Revistas, Lisbon 2004 (Translation by Ed Marks). I was the third Portuguese ambassador to Angola and therefore still able to bear witness to some aspects of the early days of independence. I was destined to live a period of Angolan history that will not reoccur. It seemed to me, therefore, that as in Guinea-Bissau, I had an obligation to bear testimony to this unique period.
  • Topic: Diplomacy, Memoir
  • Political Geography: Africa, Europe, Portugal, Angola
  • Author: Charles Leben
  • Publication Date: 01-2016
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article sets out to re-examine Hebrew sources in the doctrine of the law of nations of the 17th century, from Gentili’s De Jure Belli Libri Tres (although it strictly belongs to the 16th century since it was first published in 1598) to Pufendorf’s De Jure Naturae et Gentium (1672). It incontrovertibly confirms the importance of Jewish sources in the general intellectual education of the founding fathers of international law and in their general political philosophy while limiting their role with respect to the construction of international law in the strict and contemporaneous sense of the term.
  • Topic: International Law, Religion, Political Theory, History, Law, Judaism
  • Political Geography: Europe, Mediterranean
  • Author: Timothy Meyer
  • Publication Date: 01-2016
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article argues that the form of international agreements – binding hard law agreements versus non-binding soft law agreements – can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyse the conditions – uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power – under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation rather than support it, as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the 20th century, partially explaining the increased importance of soft law to contemporary international governance.
  • Topic: International Relations, International Law, International Trade and Finance, Treaties and Agreements, United Nations
  • Political Geography: Europe, United Nations, Global Focus
  • Author: Timothy Meyer
  • Publication Date: 01-2016
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article argues that the form of international agreements – binding hard law agreements versus non-binding soft law agreements – can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyse the conditions – uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power – under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation rather than support it, as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the 20th century, partially explaining the increased importance of soft law to contemporary international governance.
  • Topic: International Law, International Trade and Finance, Treaties and Agreements, United Nations
  • Political Geography: Europe, United Nations, Global Focus