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  • Author: Guy Marcel Nono
  • Publication Date: 11-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: For more than a decade, there has been a lot of focus on how sustainable development relates to international investment law. The growing trend of including general and security exceptions clauses in international investment agreements (IIAs) has also been highlighted. However, the nexus between general IIAs and security exceptions and the achievement of the SDGs has not been explored.
  • Topic: Security, International Law, Sustainable Development Goals, Investment
  • Political Geography: Global Focus
  • Author: Kerryn Brent, Will Burns, Jeffrey McGee
  • Publication Date: 12-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: After more than two decades of UN negotiations, global greenhouse gas emissions continue to rise, with current projections indicating the planet is on a pathway to a temperature increase of approximately 3.2°C by 2100, well beyond what is considered a safe level. This has spurred scientific and policy interest in the possible role of solar radiation management and carbon dioxide removal geoengineering activities to help avert passing critical climatic thresholds, or to help societies recover if global temperatures overshoot expectations of safe levels. Marine geoengineering proposals show significant diversity in terms of their purpose, scale of application, likely effectiveness, requisite levels of international cooperation and intensity of environmental risks. This diversity of marine geoengineering activities will likely place significant new demands upon the international law system to govern potential risks and opportunities. International ocean law governance is comprised of a patchwork of global framework agreements, sectoral agreements and customary international law rules that have developed over time in response to disparate issues. These include maritime access, fisheries management, shipping pollution, ocean dumping and marine scientific research. This patchwork of oceans governance contains several bodies of rules that might apply in governing marine geoengineering activities. However, these bodies of rules were negotiated for different purposes, and not specifically for the governance of marine geoengineering. The extent to which this patchwork of rules might contribute to marine geoengineering governance will vary, depending on the purpose of an activity, where it is conducted, which state is responsible for it and the types of impacts it is likely to have. The 2013 amendment to the London Protocol on ocean dumping provides the most developed and specific framework for marine geoengineering governance to date. But the capacity of this amendment to bolster the capacity of international law to govern marine geoengineering activities is limited by some significant shortcomings. Negotiations are under way to establish a new global treaty on conservation of marine biodiversity in areas beyond national jurisdiction, including new rules for area-based management, environmental impact assessments and capacity building/technology transfer. A new agreement has the potential to fill key gaps in the existing patchwork of international law for marine geoengineering activities in high-seas areas. However, it is also important that this new treaty be structured in a way that is not overly restrictive, which might hinder responsible research and development of marine geoengineering in high-seas areas.
  • Topic: Climate Change, Environment, International Law, United Nations, Green Technology, Geoengineering
  • Political Geography: Global Focus
  • Author: Tim Maurer, Wyatt Hoffman
  • Publication Date: 01-2019
  • Content Type: Working Paper
  • Institution: Geneva Centre for Security Sector Governance (DCAF)
  • Abstract: This paper seeks to identify the emerging and expanding gaps in the governance of private cybersecurity companies and activities and to explore ways forward and policy options for governments. The first section of the paper will explore the characteristics of typical cyber operations and challenges related to their conduct by private actors. Section two will address the governance challenges around cybersecurity and three main departure points for regulation: the fact that geographic scope does not limit cybersecurity companies, that cyber operations can slide from defensive to offensive very quickly; and that cybersecurity services are often exported for the purpose of (or with the knowledge they will be) violating human rights. This section will also integrate perspectives of international law. Section three will lay out suggestions for policy options in relation to international law and existing international normative frameworks. In conclusion, the paper will offer a framework and way forward as food for thought in order to address cybersecurity operations in relation to PMSCs.
  • Topic: International Law, Science and Technology, Cybersecurity, Internet
  • Political Geography: North America, Global Focus, United States of America
  • Author: Simon Adams
  • Publication Date: 01-2019
  • Content Type: Working Paper
  • Institution: The Global Centre for the Responsibility to Protect
  • Abstract: In this occasional paper from the Global Centre for the Responsibility to Protect, Dr. Simon Adams tests the resilience of the international community’s commitment to defending human rights and upholding its Responsibility to Protect populations from genocide, ethnic cleansing, crimes against humanity and war crimes. The paper highlights the failure to respond to patterns of discrimination that eventually led to a genocide in Myanmar (Burma) during 2017. But it also draws attention to other recent situations, such as in the Gambia, when the international community seized the moment to respond in a timely and decisive manner to an emerging threat of devastating conflict. In doing so, Adams emphasizes that even when bodies such as the UN Security Council appear paralyzed and inert, a mobilized international community can still act to prevent atrocities, protect vulnerable populations, and hold the perpetrators accountable.
  • Topic: Genocide, Human Rights, International Law, Ethnic Cleansing, International Community, Responsibility to Protect (R2P), UN Security Council, Atrocities
  • Political Geography: Asia, Southeast Asia, Myanmar
  • Author: Kristijan Kotarski
  • Publication Date: 01-2019
  • Content Type: Working Paper
  • Institution: Institute for Development and International Relations (IRMO)
  • Abstract: On December 10th 2018 the body of international soft law was enriched with the Global compact for safe, orderly and regular migration (from here on - UN migration pact) that was adopted by 164 out of 193 UN member states during their meeting in Marrakesh, Morocco. On December 19th the UN General Assembly officially endorsed the document with 152 member states voting in favor, five voting against, and twelve abstaining. It’s unknown what changed the mind of twelve countries which have adopted the pact in Marrakech, but failed to endorse it in New York. Even though the UN migration pact stipulates that it is merely a “cooperative framework” it has nonetheless deepened the political divide on the migration controversy among states as well as within them. The polemic that has evolved around the document in recent months centered on two contentious issues: 1. its quasilegality and 2. the potential outcomes of its 23 objectives. This paper will only briefly touch upon the issue of the quasilegality of international soft law and concentrate on the content analysis of the pact itself.
  • Topic: International Law, Migration, United Nations
  • Political Geography: Global Focus
  • Author: Foo Yen Ne
  • Publication Date: 08-2018
  • Content Type: Working Paper
  • Institution: S. Rajaratnam School of International Studies
  • Abstract: Almost two decades since the adoption of the UN Convention against Transnational Organised Crime, and specifically the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, the debates on addressing human trafficking have not veered far beyond questions of law enforcement efficacy. What makes law enforcement against human trafficking so challenging in the East Asia region? This NTS Insight examines the nature of international legal frameworks that address human trafficking and the way they influence regional and domestic anti-trafficking legislation in East Asia. It argues that human trafficking as a crime is often “hidden” from the one-size-fits-all anti-trafficking legal regime adopted in domestic or national settings. The report argues that drawing the crime of human trafficking out of the shadows is made difficult by (i) the ambiguous definition of human trafficking in international law; (ii) the disjuncture between human trafficking contexts in East Asia and what international anti-trafficking legal regimes seek to address.
  • Topic: Security, International Law, Women, Human Trafficking
  • Political Geography: Asia, Southeast Asia
  • Author: Aldo Chicop, Meinhard Doelle, Ryan Gauvin
  • Publication Date: 09-2018
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This report investigates the international law and policy challenges to the determination of the international shipping industry’s contribution to climate change mitigation efforts through the International Maritime Organization (IMO), a specialized agency of the United Nations and the competent international organization with respect to shipping in international law. The report sets out the international legal framework that serves as the context for the IMO initial strategy, the challenge of regulating greenhouse gas (GHG) emissions from international shipping, and the process and issues in determining the industry’s “fair share” of mitigation efforts and potential legal pathways. The report concludes with general, policy and legal considerations that have a bearing on the current and possible future directions of the nascent IMO strategy. General considerations include the observation that the complexity and uncertainty underscoring the development of the IMO strategy call for a long-term planning instrument that is integrated and systemic in scope, flexible in approach and adaptive in application. As other regimes and sectors progress in developing and delivering on mitigation efforts, care should be exercised in considering lessons and tools from other sectors for application to shipping, given its uniqueness and that other sector experiences emanate from different contexts and considerations. Given continuing significant differences on GHG issues in the IMO, it is vital for the long-term IMO strategy to be advanced and maintained on the basis of the culture of consensus that has helped shape the IMO as a successful regulatory body.
  • Topic: International Law, United Nations, Policy Implementation, IMF, Shipping
  • Political Geography: Global Focus
  • Author: Veronika Bílková
  • Publication Date: 07-2018
  • Content Type: Working Paper
  • Institution: Institute of International Relations Prague
  • Abstract: In mid-June 2018, the US announced its withdrawal from the UN Human Rights Council. It sat in the Council for the third time since the establishment of the organ in 2006. This time, however, it left its three-year mandate (2017–2019) unfinished. The paper analyses the four main arguments that the US put forward to justify its withdrawal from the Council. It shows that while some of the arguments have some merit, none is truly convincing. The paper also warns against any re-assessment of the current Czech candidacy to the Council.
  • Topic: Human Rights, International Law, United Nations
  • Political Geography: North America, Czech Republic, United States of America
  • Author: Bethlehem Daniel, Michael Gordon
  • Publication Date: 08-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: According to the International Organization for Migration, female migrants constituted approximately 50 percent of the share of the total migrant stock in 2013. The feminization of migration is an ongoing cross-border phenomenon that requires both attention and cooperation to minimize risk and increase protection for vulnerable populations. With women amounting to half of the number of global migrants, migration and gender can no longer be seen as separate silos in policy. Gender mainstreaming must be injected into high-level dialogue to reduce vulnerability and enhance human rights. This brief examines the problems associated with human trafficking, and identifies legislative and legal gaps in anti-trafficking policy through a compliance analysis of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In order to facilitate gender mainstreaming efforts, member states party to CEDAW are encouraged to ensure that national anti-trafficking policies comply with CEDAW and adopt a rights-based approach to combatting human trafficking through the entrenchment of CEDAW principles in national legislation.
  • Topic: Gender Issues, Human Rights, International Law, Migration
  • Political Geography: Global Focus
  • Author: Magdalena Bas Vilizzio
  • Publication Date: 12-2015
  • Content Type: Working Paper
  • Institution: The New School Graduate Program in International Affairs
  • Abstract: In their external relations, States require a regulatory framework intended to preserve their sovereignty, the legal attribute of which independent States are granted and recognized each other and to the exclusion of any other organization. Therefore, it emerges the necessity of a coordination juridical system as International Public Law. However, the regulation of certain subjects has generated changes putting into question some traditional postulates related to the system. That is the case of investor – State dispute settlement, mainly based on bilateral investment treaties (BITs) and on the Convention on the settlement of investment disputes between States and nationals of other States, signed in Washington in 1965 (CW) that creates the International Center for Settlement of Investment Disputes (ICSID)….
  • Topic: Diplomacy, International Law, Regional Cooperation, Sovereignty
  • Political Geography: South America, Latin America