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39101. Children of Immigrants: 2011 State Trends Update

Author:
Devlin Hanson and Margaret Simms
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
Urban Institute
Abstract:
This brief updates Perspectives on Low - Income Working Families brief 9, " Children of Immigrants: National and State Characteristics" (Fortuny et al. 2009) and Perspectives on Low - Income Working Families brief 17,"Children of Immigrants: 2008 State Trends Update "(Fortuny 2010) . This brief presents da ta highlights from the 2010 and 2011 American Community Surveys. The statistics presented in this brief and others can be accessed through the Children of Immigrants Data Tool web site. Also, interactive maps showing these statistics over time and across states can be found at the Children of Immigrants Interactive Map website.
Topic:
Economics, Human Welfare, and Immigration
Political Geography:
North America

39102. Local Government Discretion and Accountability in Sierra Leone

Author:
Benjamin Edwards, Serdar Yilmaz, and Jameson Boex
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Urban Institute
Abstract:
Sierra Leone is a small West African country with approximately 6 million people. Since 2002, the nation has made great progress in recovering from a decade-long civil war, in part due to consistent and widespread support for decentralization and equitable service delivery. Three rounds of peaceful elections have strengthened democratic norms, but more work is needed to cement decentralization reforms and strengthen local governments. This paper examines decentralization progress to date and suggests several next steps the government of Sierra Leone can take to overcome the remaining hurdles to full implementation of decentralization and improved local public service delivery.
Topic:
Human Welfare and Reform
Political Geography:
Africa

39103. Immigration and the Changing Landscape for Local Service Delivery Demographic Shifts in Cities and Neighborhoods

Author:
Julia Gelatt, Gina Adams, and William Monson
Publication Date:
03-2014
Content Type:
Policy Brief
Institution:
Urban Institute
Abstract:
As immigration has risen over the past 40 years, many communities across the United States have been changed in some way by their immigrant populations .Immigrants make up growing shares of business owners, workers, and parents across many cities and rural areas, while children of immigrants make up growing shares of school populations. Some communities have been experiencing high levels of immigration for decades and others are facing new influxes of immigrant communities. In many communities, the mix of national origins of immigrants has been shifting.
Topic:
Demographics, Human Welfare, and Immigration
Political Geography:
United States and North America

39104. Hamas Opts for the Hezbollah Model

Author:
Ehud Yaari
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Hamas seems intent on using Hezbollah's "bullets plus ballots" approach to gain a military and political foothold in the West Bank, the PA, and the PLO.
Topic:
Terrorism, Military Strategy, and Armed Struggle
Political Geography:
Middle East

39105. Mosul Security Crisis: A Chance to Break Iraq's Political Logjam

Author:
Michael Knights
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
The loss of government control in a major city may be just the wakeup call Iraqi politicians need to embrace a more ambitious reconciliation agenda.
Topic:
Security, Terrorism, Military Strategy, Armed Struggle, Governance, and Sectarianism
Political Geography:
Iraq and Middle East

39106. Lebanon Unstable and Insecure

Author:
David Schenker
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Military coordination with Hezbollah may be providing a quick fix, but the country's long-term strength can only be achieved with a reconstituted March 14 coalition.
Topic:
Terrorism, Military Strategy, Armed Struggle, and Governance
Political Geography:
Middle East and Lebanon

39107. The Return of Sunni Foreign Fighters in Iraq

Author:
Aaron Y. Zelin
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
The Mosul crisis highlights how ISIS has established a potent cadre of foreign jihadists who freely operate across the rapidly disappearing Iraq-Syria border.
Topic:
Islam, Terrorism, and Armed Struggle
Political Geography:
Iraq, Middle East, and Syria

39108. Iranian Proxies Step Up Their Role in Iraq

Author:
Phillip Smyth
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Iran's proxy groups have been working closely with Iraqi government forces for some time and will likely become more important to Baghdad in light of recent events.
Topic:
Islam, Terrorism, Armed Struggle, and Sectarian violence
Political Geography:
Iraq, Iran, and Middle East

39109. Background on the 'Possible Military Dimensions' of Iran's Nuclear Program

Author:
Nima Gerami
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Iran's compartmented nuclear program and fears of sabotage have complicated efforts to address IAEA concerns about the program's suspected military side.
Topic:
Nuclear Weapons, Treaties and Agreements, and Nuclear Power
Political Geography:
Iraq, Iran, and Middle East

39110. Eye on the Ball Amid Qatar-FIFA Corruption Charges

Author:
Lori Plotkin Boghardt
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Washington should use the State Department's upcoming annual "Trafficking in Persons" report to amplify international calls for strategic Persian Gulf partners to reform their expatriate labor practices.
Topic:
Foreign Policy, Human Rights, and Labor Issues
Political Geography:
Washington

39111. Israelis Kidnapped in the West Bank: Implications

Author:
Neri Zilber
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
If U.S. policy was to "wait and see" how the Hamas-approved Palestinian reconciliation process would unfold in practice, the test is now.
Topic:
Foreign Policy, Terrorism, Treaties and Agreements, and Territorial Disputes
Political Geography:
Middle East, Israel, Palestine, and North America

39112. Building a Base for Iraq's Counteroffensive: The Role of U.S. Security Cooperation

Author:
Michael Knights
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Encouraging signs have emerged that the collapse of federal government control in Iraq may have slowed and that Baghdad is beginning the transition to counteroffensive operations to regain ground. Massive mobilization of largely Shiite volunteers has given Baghdad an untrained but motivated "reserve army" that can be used to swamp cross-sectarian areas around the Iraqi capital. All available formed military units have been pulled out of reserve and brought toward Baghdad to defend the capital. In this effort, all Department of Border Enforcement units have been relocated from the country's borders, and Iraqi army and Federal Police units have been redeployed from southern Iraq. Isolated federal government units are scattered across northern Iraq, in some cases hanging on against Sunni militants with the support of adjacent Kurdish forces.
Topic:
Foreign Policy, Terrorism, Armed Struggle, Sectarianism, Law Enforcement, and Sectarian violence
Political Geography:
United States, Iraq, and Middle East

39113. ISIS, Iraq, and the War in Syria: Military Outlook

Author:
Jeffrey White
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Events on the battlefield will reveal the true effects of the crisis, but the ISIS campaign in Iraq could ultimately help the Syrian opposition and hurt the Assad regime.
Topic:
Terrorism, Armed Struggle, and Sectarian violence
Political Geography:
Iraq, Middle East, and Syria

39114. The Political Origins of the Africa's Economic Revival

Author:
Robert H. Bates and Steven Block
Publication Date:
04-2014
Content Type:
Working Paper
Institution:
Weatherhead Center for International Affairs, Harvard University
Abstract:
Writing in the 1990's, William Easterly and Ross Levine famously labeled Africa a "growth tragedy." Less than twenty years later, Alwyn Young noted Africa's "growth miracle," while Steven Radelet less effusively pointed to an Africa that was"emerging" and noted its rising rate of economic growth, improving levels of education and health care, and increasing levels of investment in basic infrastructure: roads, ports, and transport. In this paper, we address Africa's economic revival. In doing so, we also stress the political changes that have taken place on the continent. Once notorious for its tyrants – Jean – Bedel Bokassa, Idi Amin, and Mobutu Sese Seko, to name but three – in the 1990s, Africa joined the last wave of democratization; self-appointed heads of state were replaced by rulers chosen in competitive elections. In this paper, we assert that the two sets of changes – the one economic and the other political – go together, and that, indeed, changes in Africa political institutions lent significant impetus to its economic revival.
Topic:
Development, Economics, and Reform
Political Geography:
Africa

39115. How to enhance labor provisions in IIAs,

Author:
Rafael Tamayo-Álvarez, Maria Alejandra Gonzalez-Perez, and Juan David Rodriguez-Rios
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
Free trade agreements (FTAs) and international investment agreements (IIAs) are regarded as instruments to promote world trade, investment flows and market liberalization. The question, however, is whether they promote sustainable development as well. This Perspective contemplates incorporating voluntary codes of conduct for multinational enterprises (MNEs) in IIAs to strengthen the protection of labor rights, "the social component [...] embedded in the notion of sustainable development."
Topic:
Economics, International Cooperation, International Trade and Finance, and Labor Issues

39116. Education Reform in Pakistan

Publication Date:
06-2014
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
In April 2010, the eighteenth constitutional amendment committed Pakistan to free and compulsory education for all children between the ages of five and sixteen. Yet, millions are still out of school, and the education system remains alarmingly impoverished. The madrasa (religious school) sector flourishes, with no meaningful efforts made to regulate the seminaries, many of which propagate religious and sectarian hatred. Militant violence and natural disasters have exacerbated the dismal state of education. Earthquakes and floods have destroyed school buildings in Balochistan, Sindh, Khyber Pakhtunkhwa (KPK) and Punjab, disrupting the education of hundreds of thousands of children. Militant jihadi groups have destroyed buildings, closed girls' schools and terrorised parents into keeping daughters at home; their attacks made global headlines with the shooting of schoolgirl and education activist Malala Yousafzai in October 2012. The public education system needs to foster a tolerant citizenry, capable of competing in the labour market and supportive of democratic norms within the country and peace with the outside world.
Topic:
Education, Islam, Terrorism, and Reform
Political Geography:
Pakistan and Asia

39117. Protecting China's Overseas Interests: The Slow Shift away from Non-interference

Author:
Mathieu Duchâtel, Oliver Bräuner, and Zhou Hang
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Stockholm International Peace Research Institute
Abstract:
Chinese foreign policy is slowly shifting away from a strict interpretation of non-interference, towards a pragmatic and incremental adaptation to new challenges to China's globalizing economic and security interests. Although there has always been a degree of flexibility in Chinese foreign policy regarding non-interference, even during the Maoist period, the principle has by and large remained a key guideline for diplomatic work and a major rhetorical tool.
Topic:
Foreign Policy and Governance
Political Geography:
China and Asia

39118. Women's Political Participation In Sub-Saharan Africa

Author:
Aili Mari Tripp
Publication Date:
05-2014
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
One of the most interesting developments in African politics since the mid- 1990s has been the increase in women's political participation. Women are becoming more politically engaged and seeking representation at all levels, from local government to legislatures and even executive office. To state the obvious, access to political power is important to groups that have historically been excluded from formal and informal politics because it means being able to have control over basic decisions affecting one's life in areas including health, education, and access to land and resources, among many others. Many women seek power to affect how justly resources are divided in society and how equitably policy decisions are made.
Topic:
Human Rights and Political Activism
Political Geography:
Africa

39119. The International Society for Public Law - Call for Papers and Panels; Van Gend en Loos - 50th Anniversary; Vital Statistics; Roll of Honour; Quantitative Empirical International Legal Scholarship; In this Issue

Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
On 26–28 June 2014, in Florence, the European University Institute and NYU–La Pietra will host the Inaugural Conference of the newly established International Society of Public Law (ICON.S).
Political Geography:
Europe

39120. The End of Geography: The Changing Nature of the International System and the Challenge to International Law

Author:
Daniel Bethlehem
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This lecture, inaugurating a lecture series in honour of Sir Elihu Lauterpacht, looks at the changing place of geography in the international system and the challenges that this poses to international law, from the central place of geography in the Westphalian legal order to its less certain place in the rapidly globalizing and diffuse international society of the present day. Examining these issues through the contrasting prisms of the principal political organs of the United Nations in New York, on the one hand, and the UN Specialized Agencies centred in Geneva, on the other, the lecture also explores these issues by reference to Thomas Friedman's thesis that The World Is Flat. The lecture concludes by identifying a number of areas of international law, and the international legal system, that will require creative thinking in the period to come to reflect the diminishing importance of geography.
Topic:
International Law
Political Geography:
New York

39121. The End of Geography: The Changing Nature of the International System and the Challenge to International Law: A Reply to Daniel Bethlehem

Author:
David S. Koller
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This article responds to Daniel Bethlehem's assertions that globalization is diminishing the importance of geography, and thereby challenging the Westphalian order on which international law is constructed. It contends that international law does not take geography as it is but actively creates and sustains a state-based geography. It argues that the challenges Bethlehem identifies are not new but are inherent in international law's efforts to impose a state-based order on a global world. The question is not whether international lawyers will respond to these challenges, but how they will respond. Will they follow Bethlehem in reinforcing a statist order, or will they place sovereignty of states in the service of the global human community?
Topic:
Globalization and International Law
Political Geography:
New York and Europe

39122. The Ever-Ending Geography of International Law: The Changing Nature of the International System and the Challenge to International Law: A Reply to Daniel Bethlehem

Author:
Carl Landauer
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Daniel Bethlehem makes a convincing case in 'The End of Geography' that the growing challenges of our contemporary world require a move from our state-centred international legal system. This reply places Bethlehem's voice among a growing list of those who either describe or prescribe a move from the traditional Westphalian state system. It argues, however, that the challenges have always been transboundary and that the Westphalian state system has never been as strong or as long-lived as envisaged by its critics.
Topic:
International Law
Political Geography:
New York and Europe

39123. A Constant Craving for Fresh Brains and a Taste for Decaffeinated Neighbours

Author:
Maria Artistodemou
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This article is a radical rethinking of public international law through the use of Lacanian psychoanalysis. Its central thesis is that while contemporary scholarship addresses what Lacan calls the symbolic and imaginary registers including law, politics, and ideology, it continues to ignore and repress the dimension of the real. The article illustrates this with a clinical example examined by Kris and discussed by Lacan. Imagining public international law as an indefatigable neurotic in search of 'fresh brains', the article shows why meeting her in the domains of law and politics is not enough to satiate her appetite. What continues to resist is the 'extimate', the inhuman element within the human that the subject hides so well from herself that it is excluded in the interior. A major instance of the extimate is the 'caffeinated neighbour', that is, the neighbour who is not in our image because her disturbing core has not been subtracted. The article argues that unless international law comes to terms with this inevitably ugly and obscene core, in oneself as well as in the neighbour, it cannot hope to achieve any meaningful changes. That the need to recognize the extimate is the ethical demand facing international law now; unless we address it, our symptoms will continue to grow and we will continue to crave fresh brains.
Topic:
International Law
Political Geography:
New York

39124. The Beneficiaries of TRIPs: Some Questions of Rights, Ressortissants and International Locus Standi

Author:
Christopher Wadlow
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
The rights and remedies of private parties under the three principal global treaties for the protection of intellectual property are restricted to persons having the status of ressortissants under the relevant treaty, and by the general law of diplomatic protection. Two largely neglected issues arise in relation to ressortissants, which the treaties do not expressly resolve. The first concerns whether the obligations which state A assumes towards the nationals of state B can be enforced by states other than B. The second is whether the obligations assumed by a state under one of these treaties extend to that state's own nationals. It is suggested that the Bananas III and Havana Club decisions have effectively resulted in unlimited locus standi for WTO members to complain of breaches of TRIPs, including the incorporated provisions of the Paris and Berne conventions. The answer to the second question is more tentative, but it is suggested that there may be greater opportunities for arguing that the provisions of TRIPs are binding on states in relation to their own nationals, including incorporated Paris and Berne Articles, than there were under either of those earlier treaties on their own.
Topic:
International Law
Political Geography:
Europe and Paris

39125. Revisiting Van Gend en Loos: A Joint Symposium with the International Journal of Constitutional Law (I.CON)

Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Fifty years have passed since the European Court of Justice gave what is arguably its most consequential decision: Van Gend en Loos. The UMR de droit comparé de Paris, the European Journal of International Law (EJIL), and the International Journal of Constitutional Law (I.CON) decided to mark this anniversary with a workshop on the case and the myriad of issues surrounding it. In orientation our purpose was not to 'celebrate' Van Gend en Loos, but to revisit the case critically; to problematize it; to look at its distinct bright side but also at the dark side of the moon; to examine its underlying assumptions and implications and to place it in a comparative context, using it as a yardstick to explore developments in other regions in the world. The result is a set of articles which both individually and as a whole demonstrate the legacy and the ongoing relevance of this landmark decision.
Topic:
Development
Political Geography:
Europe

39126. Van Gend en Loos: The Individual as Subject and Object and the Dilemma of European Legitimacy (Abstract only)

Author:
J.H.H. Weiler
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Fifty years have passed since the European Court of Justice gave what is arguably its most consequential decision: Van Gend en Loos. The UMR de droit comparé de Paris, the European Journal of International Law (EJIL), and the International Journal of Constitutional Law (I•CON) decided to mark this anniversary with a workshop on the case and the myriad of issues surrounding it. In orientation our purpose was not to 'celebrate' Van Gend en Loos, but to revisit the case critically; to problematize it; to look at its distinct bright side but also at the dark side of the moon; to examine its underlying assumptions and implications and to place it in a comparative context, using it as a yardstick to explore developments in other regions in the world. The result is a set of articles which both individually and as a whole demonstrate the legacy and the ongoing relevance of this landmark decision.
Topic:
Development and Law
Political Geography:
Europe

39127. The Premises, Assumptions, and Implications of Van Gend en Loos: Viewed from the Perspectives of Democracy and Legitimacy of International Institutions

Author:
Eyal Benvenisti and George W. Downs
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
In its Van Gend en Loos judgment, the ECJ assigned citizens directly enforceable rights vis-à-vis their respective state executives, and authorized national courts to protect those rights. What explains the Court's suspicion of state executives as the sole actors to implement Community law (acting directly or through the Commission)? What justifies its confidence in the ability of the national courts to protect the individuals? We submit that the ECJ was informed by the premise that national courts acting in unison could withstand political pressures and protect individuals while implementing the Treaty. Moreover, the ECJ understood that its interaction with national courts would put it in a position potentially to offer significant support for citizens of relatively weaker countries against various predatory policies employed by the more powerful states in the organization. In this article we explore these premises and present evidence to support them. More generally, we argue that there is good reason to endorse this model of judicial activism as a means to ensure democracy as judged by the effective and informed participation of individuals in public decision-making that affects them – within international organizations. This judgment demonstrates the promise of greater interaction and coordination between national and international tribunals in preventing democratic failures at both the national and international levels. Although judicial intervention often pre-empts public deliberation, it can also encourage it; although it may operate to pre-empt the vote, it can also function to ensure it.
Topic:
International Organization
Political Geography:
Belgium and Netherlands

39128. What Van Gend en Loos Stands For (Abstract only)

Author:
Damian Chalmers and Luis Barroso
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This is the abstract only. The full article is published in Int J Constitutional Law (2014) 12 (1): 105–134 doi:10.1093/icon/mou003 Three transformational developments flowed from Van Gend en Loos: the central symbols and ideals of EU law; an autonomous legal order with more power than traditional treaties; and a system of individual rights and duties. The judgment also set out how each of these developments was to be deployed. The symbols and ideals were set out to proclaim EU authority rather than to go to what the EU did. What the EU did was, above all, government through law. The EU legal order was conceived, above all, therefore, as a vehicle for the expression of EU government. This, in turn, shaped the allocation of individual rights which were predominantly granted only where they furthered the realization of the collective objectives of EU government. Conceiving EU law as governmental law also left a profound and negative effect on EU legal meaning. This became shaped by EU law being reduced to something to sustain activities valued by EU government rather than to provide a wider, more emancipatory imaginary.
Topic:
Development and Government
Political Geography:
Europe

39129. The Duality of Direct Effect of International Law

Author:
André Nollkaemper
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This article assesses how, 50 years after the ECJ delivered its judgment in Van Gend en Loos (VGL), the doctrine of direct effect of international law has fared outside the European Union. While obviously the core of VGL (that is, that it is EU law, not national law, which requires direct effect) is not replicated anywhere else in the world, the courts of a considerable number of states have been able to give direct effect to international law. Against the background of an exceedingly heterogeneous practice, this article argues that the concept of direct effect is characterized by a fundamental duality. Direct effect may function as a powerful sword that courts can use to pierce the boundary of the national legal order and protect individual rights where national law falls short. But more often than not, the conditions of direct effect legitimize the non-application of international law and shield the national legal order from international law. International law provides support for both functions. But above all, it defers the choice between these functions to national courts. The practice of direct effect of international law exposes how national courts play a critical political function at the intersection of legal orders.
Topic:
International Law
Political Geography:
Europe

39130. Revolutionizing European Law: A History of the Van Gend en Loos Judgment (Abstract only)

Author:
Morten Rasmussen
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This is the abstract only. The full article is published in Int J Constitutional Law (2014) 12 (1): 136–163 doi:10.1093/icon/mou006 Did the famous Van Gend en Loos judgment constitute a breakthrough for a constitutional practise in European law or was it merely drawing the logical legal consequences of earlier case law and of the Treaties of Rome? Based on comprehensive archival studies, this article argues that neither earlier case law nor the Treaties of Rome can fully account for the judgment. Instead, Van Gend en Loos represented a genuine revolution in European law. Prompted by the legal service of the European Commission, the European Court of Justice (ECJ) took a decisive step towards addressing two major problems of international public law, namely the lack of uniform application of European law by national courts across the six member states and the lack of primacy granted to international law in several member states. The judgment was based on a new teleological and constitutional understanding of the Treaties of Rome developed by the legal service, and took the first step towards establishing an alternative enforcement system. The ECJ would already in 1964 take the second step by introducing primacy in the Costa v. E.N.E.L. judgment. The new enforcement system remained highly fragile, however, due to the dependency on the cooperation of national courts through the preliminary reference system. As a result, the full effects of the Van Gend en Loos judgment were only felt after the Single European Act (1986) pushed reluctant national governments and courts to finally come to terms with the legal order the ECJ had developed.
Topic:
Government and Law
Political Geography:
Europe

39131. Direct Effect of International Agreements of the European Union

Author:
Francesca Martines
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
The Van Gend en Loos (VGL) decision established the conceptual premises of a crucial issue to shape the relationships between the European Union and international law: the function of direct effect as a powerful instrument to guarantee that the rules of one system are complied with in another legal order. However, if compared with direct effect of EU legal rules, the issue of the effects of EU international agreements is made more complicated by the combination of the more traditional question of the self-executing character of international agreement provisions and the narrow meaning of direct effect. The former issue, strongly affected by the technique of incorporation and the rank of international law obligations within the incorporating legal order, goes to the heart of the constitutional architecture of the EU legal order where a balance is to be found between the obligation to comply with international law and the integrity of the EU legal order. The latter notion concerns instead the relationship between the private person and the legal rule and defines the special character of the EU which distinguishes it from international law. Since such a quality of EU rules cannot be automatically applied to international law rules incorporated in the EU legal order it must be verified case by case. This is the reason why, for the present author, the double test approach, first applied by the ECJ in VGL, is the right test to determine direct effect of EU international agreements, but cannot be applied to verify the self-executing effect of international law in the traditional (broader) meaning.
Topic:
International Law
Political Geography:
Europe

39132. The Evolution of Direct Effect in the EU: Stocktaking, Problems, Projections (Abstract only)

Author:
Sophie Robin-Olivier
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Focusing on the case law developed by the Court of Justice of the European Union since Van Gend en Loos, this article contends that three important shifts occurred concerning the effects of EU law in national courts since that case was decided. First, the existence of a particular category of ('direct effect') EU norms, which implies a process of selection among EU law provisions, is no longer as problematic as the method of comparison and combination of norms in judicial reasoning that has become a vehicle for the penetration of EU law in courts. Second, the possibility for individuals to claim (subjective) rights on the basis of the Treaty is overshadowed by questions concerning obligations imposed by the Treaty on individuals, and more generally, on the methods through which this horizontal effect occurs. Third, the duty for national courts to apply EU law provisions directly (direct enforcement) is now coupled with one prior question that these courts have to address, and which has become much more sensitive than before in view of the growing centrality of fundamental rights' protection in the EU system: the question of the applicability of EU and national (constitutional) law. Having examined these three shifts, the article concludes that it has become urgent to reconsider the effects of EU law in member states in order to avoid a decline of individual rights and freedoms resulting from EU law enforcement. Thus, 'Revisiting Van Gend en Loos' leads to a reflection on the hypothesis, in which EU law should yield and national courts should be granted more discretion, when confronted with the resisting substance of national law (especially fundamental rights or freedoms protected by national constitutions).
Topic:
Law
Political Geography:
Europe

39133. Fostering Pro-social Behaviour Online: 'Nudges' in the Right Direction

Author:
Nadica Pavlovska
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
The internet penetration and the consequent creation of hyper-connected reality has exposed the Singaporean population to much more diversity of thoughts and influences. In this environment, efforts to maintain social cohesion and multicultural tolerance among the population is now even more challenging. In light of this, this paper attempts to explore the means available to maintain pro-social behaviour and build a culture of respect online. By assessing the current measures undertaken in Singapore, this paper argues that the majority of the strategies are “mind changing” such as education and awareness raising campaigns. However, by taking into account the specificity of the internet interaction, it is suggested that these strategies could be further enhanced by adopting a “context changing” approach in the online interaction by using specific behaviour influencers such as social norms, priming and messenger approach.
Topic:
Education, Science and Technology, Multiculturalism, and Reform
Political Geography:
Asia and Singapore

39134. Assessing the responses of the Chinese media and research community to the Ukrainian crisis

Author:
Chris Alden
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Assessments of the official Chinese reaction to the crisis in Ukraine have focused primarily on China's abstention in the vote on a UN Security Council resolution condemning Russian actions and, to a lesser degree, on the three-pronged Chinese proposal for addressing the crisis. However, by examining an array of Chinese sources, including media reports, editorials, and research think-tank publications, a number of viewpoints are presented that provide a better sense of the scope of Chinese thinking on the subject. These concentrate on the notion of Chinese neutrality, Western interference, the domestic sources of the Ukrainian crisis, and possible policy options available to Chinese decision-makers. Understanding these provides a more nuanced understanding of Chinese reactions to the Ukrainian crisis and its possible significance for China.
Topic:
Foreign Policy and Mass Media
Political Geography:
Russia, China, Ukraine, and Asia

39135. South Africa's response to the Ukrainian crisis

Author:
Elizabeth Sidiropoulos
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
South Africa did not join in the chorus of condemnation against Russia's annexation of the Crimea, instead adopting a position that in part mirrored language used by Russia to explain its actions, but in other ways reflected key principles of South African foreign policy. Together with its fellow BRICS members, South Africa opposed the imposition of sanctions and was critical of suggestions that Russia might be excluded from the G-20 Summit in Australia later in the year. Non-interference in the internal affairs of states and the inviolability of borders have been central organising principles of African affairs since decolonisation. South Africa's approach must be understood in the context of a desire to see the balance of forces change to reflect the rise of emerging powers. The West's unilateral actions since the end of the cold war have not sat well with the South African government. Civil society elements aligned to the ruling tripartite alliance have condemned what they perceive as Western propaganda against Russia and the West's involvement in stirring unrest in Maidan Square, Kiev. Furthermore, from a realpolitik perspective, South Africa accords its alliance with the BRICS states high priority. Yet, as a relatively small country, it is in South Africa's interests to encourage adherence to a set of global rules that are respected by all.
Topic:
Foreign Policy and Sovereignty
Political Geography:
Africa, Russia, Ukraine, and South Africa

39136. Bail-in Provisions in State Aid and Resolution Procedures: Are they consistent with systemic stability?

Author:
Stefano Micossi, Ginevra Bruzzone, and Miriam Cassella
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In July 2013, the European Commission adopted a new Banking Communication – the seventh since the start of the financial crisis – updating its criteria for the evaluation of state aid in the banking sector in response to the evolving economic and institutional environment. Under this Communication, any credit institution in need of recapitalisation or 'impaired asset' measures will be required, prior to any further action, to submit a plan for restructuring or the orderly winding down the bank. Moreover, whenever there is a capital shortfall, the Commission will require that, prior to any injection of public funds, not only shareholders – as has been the case so far – but also junior creditors write down or convert into equity their claims on the bank, regardless of whether the bank is under resolution, in order to minimise the need for state aid.
Topic:
Economics, International Trade and Finance, and Monetary Policy
Political Geography:
Europe

39137. IMF Lending Practices and Sovereign Debt Restructuring

Author:
Domenico Lombardi, James M. Boughton, and Skylar Brooks
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
The IMF has struggled for decades to develop a set of lending practices that enable sovereign borrowers to resolve serious debt problems and restore economic growth, but also respect the right of private financial markets to enter into and enforce contractual obligations. The challenge has always been to operate under a well-defined set of principles while dealing with each situation in a way that takes account of relevant circumstances. Recently, the international financial crisis that began in 2008 and the subsequent European sovereign debt crisis have raised this challenge to new heights. In providing €30 billion to Greece — the largest financial package ever granted to a single country — the IMF invoked greater discretion in its lending decisions to counteract potential "systemic" crises. By doing so, it entered a program without a restructuring agreement.
Topic:
Debt, Economics, International Trade and Finance, International Monetary Fund, and Reform

39138. Sovereign Debt Crisis Management: Lessons from the 2012 Greek Debt Restructuring

Author:
Miranda Xafa
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The 2012 Greek debt exchange was a watershed event in the euro area debt crisis. It generated fears of contagion and was viewed as a threat to the euro itself. Although it achieved historically unprecedented debt relief, amounting to €106 billion (55 percent of GDP), it was “too little, too late” in terms of restoring Greece's debt sustainability. There is a heated debate as to whether the debt restructuring should have taken place sooner, when Greece's adjustment program was agreed to in May 2010. This paper argues that a deep haircut up front, under threat of legislative action, would have been seen as unnecessary and deeply coercive. But delaying the restructuring beyond mid-2011, when it became clear that Greece's debt was unsustainable, was unjustified. The delay reduced the stock of privately held debt subject to a haircut, possibly making an official debt restructuring inevitable down the road. Initial fears that the Greek debt restructuring would pose a serious threat to the euro area's financial stability proved to be exaggerated. On the contrary, it demonstrated that an orderly default involving a pre-emptive debt restructuring is possible in a monetary union, provided appropriate firewalls are in place to limit contagion risks. With crisis management institutions and procedures now in place in the euro area, and with much stricter fiscal surveillance, the Greek experience is likely to remain unique in the history of debt restructurings; however, some lessons can be learned from its specific features.
Topic:
Debt and Governance
Political Geography:
Europe and Greece

39139. Somalia: Al-Shabaab - It Will Be a Long War

Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Despite the recent military surge against Somalia's armed Islamist extremist and self-declared al-Qaeda affiliate, Al-Shabaab, its conclusive "defeat" remains elusive. The most likely scenario – already in evidence – is that its armed units will retreat to smaller, remote and rural enclaves, exploiting entrenched and ever-changing clan-based competition; at the same time, other groups of radicalised and well-trained individuals will continue to carry out assassinations and terrorist attacks in urban areas, including increasingly in neighbouring countries, especially Kenya. The long connection between Al-Shabaab's current leadership and al-Qaeda is likely to strengthen. A critical breakthrough in the fight against the group cannot, therefore, be achieved by force of arms, even less so when it is foreign militaries, not the Somalia National Army (SNA), that are in the lead. A more politically-focused approach is required.
Topic:
Security, Islam, Terrorism, and Armed Struggle
Political Geography:
Africa and Somalia

39140. Full Issue

Author:
Haider Ali Hussein Mullick
Publication Date:
06-2014
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
No abstract is available.
Political Geography:
United States, China, and North Korea

39141. Is There a Case – Legally and Politically – for Direct Effect of WTO Obligations?

Author:
Hélène Ruiz Fabri
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
WTO law does not require its direct effect in domestic legal orders. Whilst the stances taken in these are diverse, showing that direct effect is not denied on the whole to WTO law, all the major trading members of the WTO deny it. The fact that, in a case where a WTO member does not comply and is targeted by trade sanctions, the economic actors who in practice bear the burden of these sanctions are deprived of any recourse, may be considered unfair enough to question again the denial of direct effect. The analysis focuses notably on the EU where the debate has expanded more than anywhere else and concludes that direct effect should, even in the name of fairness or justice, be handled with caution.
Topic:
International Law
Political Geography:
Europe

39142. Waiting for the Existential Revolution in Europe (Abstract only)

Author:
Jan Komarek
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This essay argues, contrary to the widespread beliefs that prevailed after 1989, that the experience of post-communist countries and their peoples, both before and after 1989, can bring something new to our understanding of Europe's present predicament: sometimes as an inspiration, sometimes as a cautionary tale. The lessons offered by post-communist Europe concern some deeply held convictions about the very nature of the EU and its constitutional structure. Only if this experience is absorbed in Europe as its own will post-communist countries truly return to Europe – and Europe become united. The cautionary tales of post-communist Europe concern the worrying consequences of the suppression of social conflicts 'in the name of Europe'. Such conflicts often get translated into identitary politics, which in the context of European integration often turn against the Union. The second lesson concerns the ill fate of Havel's existential revolution. The attempts of some European constitutionalists to reform individualistic emphasis of the integration project are problematic for the same reason: they turn attention away from politics, where real solutions need to be found. This relates to the third suggestion made here: that the experience of living in a collective dream of socialism can be used as an inspiration rather than as something that needs to be erased from the collective memory of Europe.
Political Geography:
Europe

39143. Is Global Constitutionalism Meaningful or Desirable?

Author:
Michel Rosenfeld
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Upon conceiving constitutionalism on the scale of the nation-state as transparent and unproblematic, one may think global constitutionalism to be a mere utopia. On closer analysis, however, legitimation of nation-state constitutionalism turns out to be much more complex and contested than initially apparent, as becomes evident based on the contrast between liberal and illiberal constitutionalism. Upon the realization that nation-state liberal constitutionalism can only be legitimated counterfactually, the social contract metaphor emerges as a privileged heuristic tool in the quest for a proper balance between identity and difference. Four different theories offer plausible social contract justifications of nation-state liberal constitutionalism: a deontological theory, such as those of Rawls and Habermas, which privileges identity above difference; a critical theory that leads to relativism; a thick national identity based one that makes legitimacy purely contingent; and a dialectical one that portrays the social contract as permanently in the making without any definitive resolution. Endorsing this last theory, I argue that differences between national and transnational constitutionalism are of degree rather than of kind. Accordingly, it may be best to cast certain transnational regimes as constitutional rather than as administrative or international ones.
Topic:
International Law
Political Geography:
France and Netherlands

39144. Roaming Charges: Moments of Dignity: Prepping for the Prewedding Photograph, Peking

Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
We deal in EJIL with the world we live in – often with its worst and most violent patholo-gies, often with its most promising signs of hope for a better world. But, inevitably, since our vehicle is scholarship, we reify this world. Roaming Charges is designed not just to offer a moment of aesthetic relief, but to remind us of the ultimate subject of our schol-arly reflections: we alternate between photos of places – the world we live in – and photos of people – who we are, the human condition. We eschew the direct programmatic photo-graph: people shot up; the ravages of pollution and all other manner of photojournalism. 'Roaming', 'Charges', and those irritating 'Roaming Charges' – was chosen because of the multiple and at times conflicting meanings, feelings and associations the words, jointly and severally, evoke and which we hope to capture in our choice of photo-graphs. As we roam around the world we aim for images which charge us: please and challenge, even irritate, at the same time. We seek photos which have some ambiguity, are edgy and relate in an indirect way, both to the current circumstance but also to that which is, like human dignity, permanent and enduring.
Political Geography:
Europe

39145. Domestic Implementation of Human Rights Judgments in Europe: Legal Infrastructure and Government Effectiveness Matter

Author:
Alina Mungiu-Pippidi and Dia Anagnostou
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Over the past couple of years, international law and international relations scholarship has shifted its focus from the question of whether human rights treaties bring any state-level improvements at all to investigations in the domestic context of the factors and dynamics influencing state compliance. In this direction, and focusing on the European Court of Human Rights, this study inquires into the factors that account for variable patterns of state compliance with its judgments. Why do national authorities in some states adopt a more prompt and responsive attitude in implementing these judgments, in contrast to other states that procrastinate or respond reluctantly? On the basis of a large-N study of the Strasbourg Court's judgments and a comparison across nine states, this article argues that variation in state implementation performance is closely linked to the overall legal infrastructure capacity and government effectiveness of a state. When such capacity and effectiveness are high and diffused, the adverse judgments of the Strasbourg Court are unlikely to be obstructed or ignored, even when the government, political elites, or other actors are reluctant and not in favour of substantive remedies.
Topic:
International Relations and International Law
Political Geography:
Europe

39146. Domestic Implementation of European Court of Human Rights Judgments: Legal Infrastructure and Government Effectiveness Matter: A Reply to Dia Anagnostou and Alina Mungiu-Pippidi

Author:
Erik Voeten
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This article responds to the valuable contribution by Dia Anagnostou and Alina Mungiu- Pippidi in which they analyse how nine countries implemented European Court of Human Rights judgments that found violations of Articles 8–11 of the European Convention on Human Rights. Their conclusion that capacity plays an important role in the implementation of ECtHR judgments is certainly correct. In this short response, I highlight various aspects of the authors' analysis where they make problematic choices with regard to data and statistical methods. First, I describe and use a more comprehensive dataset that allows us to reach more generalizable conclusions. Secondly, I show how survival analysis is a more appropriate framework than logit or linear regression for analysing these data. Thirdly, I argue that the difficulty of the implementation task needs to be accounted for in any analysis of cross-country variation in implementation. My re-analysis shows that low capacity countries attract judgments that are more difficult to implement. The analysis also uncovers a subtle relationship between time, institutional capacity, and checks and balances. High capacity helps willing politicians to implement judgments quickly. Yet, among judgments that have been pending longer, countries with higher capacity are no quicker to implement than lower capacity countries. By contrast, checks and balances initially slow down implementation but help to eventually ensure begrudging implementation.
Topic:
Human Rights
Political Geography:
Europe

39147. UN Immunity or Impunity? A Human Rights Based Challenge

Author:
Rosa Freedman
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
National courts have long understood the UN to have absolute immunity from their jurisdiction, based upon provisions in the UN Charter and the Convention on Privileges and Immunities of the UN. While state immunity has evolved over recent decades, allowing restrictive immunity that distinguishes between acts jure imperii and those jure gestionis, questions have arisen as to whether that doctrine applies to international organizations and, specifically, the UN. The counterbalance to the UN's absolute immunity is the requirement that it provide alternative mechanisms for resolving disputes. This raises concerns about accountability and internal review. Case law from various courts demonstrates an increasing willingness to attempt to challenge absolute immunity on the basis that the bar to jurisdiction violates claimants' rights to access a court and to a remedy. In all of those cases, individuals' ability to access alternative mechanisms for dispute resolution has been used to show that their rights have been realized. Recent events concerning the 2010 cholera outbreak in Haiti may lead to a challenge to the UN's absolute immunity. The UN has deemed those claims to be 'not receivable', which denies the claimants their rights to access a court and to a remedy. In October 2013, lawyers for the Haiti cholera victims filed a class action in the Southern District of New York, seeking to challenge the UN's immunity by bringing the Organization before a national court. This article explores whether the events in Haiti may provide the first successful, human rights-based challenge to the UN's absolute immunity.
Topic:
Human Rights
Political Geography:
New York

39148. An International Lawyer in Democracy and Dictatorship – Re-Introducing Herbert Kraus

Author:
Heiko Meiertöns
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Herbert Kraus (1884–1965) is among the forgotten international lawyers of the 20th century. Kraus took part in a number of developments of great importance for the shaping of modern international law: he participated in the drafting process of the Versailles Peace Treaty and the Treaty on the European Coal and Steel Community and acted as defence counsel at Nuremberg. The founding director of the Institute for International Law at the University of Göttingen was forced to retire between 1937 and 1945 due to his criticism of National Socialism. The post-war perception of his work was coined by his forced retirement. However, his work between 1933 and 1937 sheds light on the dilemma of choosing between opposition and adjustment that Kraus was faced with during that period. This article re-introduces Kraus – a complex German character of international law – and the main features of his work.
Topic:
International Law
Political Geography:
New York

39149. Towards a Global History of International Law? Editor's Note

Author:
Alexandra Kemmerer
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
As usual, international law comes in late. It was already in the golden years of new world orders and geopolitical shifts after the end of the Cold War that historiography began its global turn. Of course, there had been pioneers and path-breakers before, but it was only in the 1990s that an ambiance of globalization and trans-nationalization triggered new approaches on a larger scale. An actual experience of political, economic and cultural interconnectedness put historiographical emphasis on transfers, networks, connections and cooperation, on transformation and translation.Historical analysis was called to overcome not only the boundaries of the nation-state, but also the limitations of material and epistemic Eurocentrism in its various forms. During the past decade, there has been a growing interest in global histories in many parts of the world.
Topic:
International Law
Political Geography:
Africa and Europe

39150. The Spectre of Sources

Author:
Rose Parfitt
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
The editors of this impressive and timely volume, Anne Peters and Bardo Fassbender, begin their Introduction (at 2) with the following statement of purpose: [W]e, the editors and authors, [have] tried to depart from ... the 'well-worn paths' of how the history of international law has been written so far — that is, as a history of rules developed in the European state system since the 16th century which then spread to other continents and eventually the entire globe.
Topic:
International Law
Political Geography:
Europe