Number of results to display per page
Search Results
39102. Iraq's Jihadi Jack-in-the-Box
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- International Crisis Group
- Abstract:
- The jihadi surge is the tragic, violent outcome of steadily deteriorating political dynamics. Instead of a rash military intervention and unconditional support for the Iraqi government, pressure is needed to reverse sectarian polarisation and a disastrous record of governance.
- Topic:
- Terrorism, Armed Struggle, Insurgency, Governance, and Reform
- Political Geography:
- Iraq and Middle East
39103. Limiting Armed Drone Proliferation
- Author:
- Micah Zenko and Sarah Kreps
- Publication Date:
- 06-2014
- Content Type:
- Working Paper
- Institution:
- Council on Foreign Relations
- Abstract:
- The use of unmanned aerial systems—commonly referred to as drones—over the past decade has revolutionized how the United States uses military force. As the technology has evolved from surveillance aircraft to an armed platform, drones have been used for a wide range of military missions: the United States has successfully and legitimately used armed drones to conduct hundreds of counterterrorism operations in battlefield zones, including Afghanistan, Iraq, and Libya. It has also used armed drones in non-battlefield settings, specifically in Pakistan, Yemen, Somalia, and the Philippines. Collectively, these strikes have eliminated a number of suspected terrorists and militants from Asia to Africa at no cost in terms of U.S. casualties, an advantage of drones over manned platforms that has made them attractive to many other states. However, non-battlefield strikes have drawn criticism, particularly those conducted under the assertion that they are acts of self-defense.
- Topic:
- Arms Control and Proliferation and Military Strategy
- Political Geography:
- Pakistan, Afghanistan, United States, Iraq, and Asia
39104. The Transatlantic Trade and Investment Partnership: A critical perspective
- Author:
- Rainer Geiger
- Publication Date:
- 04-2014
- Content Type:
- Policy Brief
- Institution:
- Columbia Center on Sustainable Investment
- Abstract:
- Launched in July 2013 by the European Union and the United States, the Transatlantic Trade and Investment Partnership (TTIP) represents an important effort to reach a comprehensive economic agreement between two major trading partners. As has been pointed out, the project offers great opportunities for liberalizing trade and investment and regulatory convergence. Its level of ambition implies high risks, but despite negotiators' initial optimism, its success is far from certain.
- Topic:
- Economics, International Trade and Finance, Treaties and Agreements, and Foreign Direct Investment
- Political Geography:
- United States and Europe
39105. Perspectives on topical foreign direct investment issues
- Author:
- John Gaffney and James Nicholson
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- Columbia Center on Sustainable Investment
- Abstract:
- In their contribution to the FDI Perspectives series, Baiju Vasani and Anastasiya Ugale drew attention to an emerging trend in favor of the so-called "costs follow the event" (CFtE) (or loser pays) approach, which is in contrast to the more "traditional" approach under which parties share the costs of arbitration equally, with each party covering its own legal fees.
- Topic:
- Economics, International Trade and Finance, and Foreign Direct Investment
39106. With the Peace Process on Hold, Washington Still Faces Key Israeli-Palestinian Tests
- Author:
- Robert Satloff
- Publication Date:
- 05-2014
- Content Type:
- Working Paper
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- In the coming days, the Obama administration faces key decisions on how to respond to a Palestinian government "backed by Hamas," whether to condone Hamas participation in Palestinian elections, and what strategy to adopt in response to another effort by Palestinians to enhance their status in the UN.
- Topic:
- Armed Struggle and Territorial Disputes
- Political Geography:
- Middle East, Israel, Palestine, and United Nations
39107. Jordan and the Syria Crisis: Mitigating the 'Known Unknowns'
- Author:
- Andrew J. Tabler
- Publication Date:
- 05-2014
- Content Type:
- Working Paper
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- As extremists continue to move into southern Syria, growing security and humanitarian problems may soon outstrip Jordan's ability to handle spillover from the war.
- Topic:
- Human Rights, Terrorism, and Armed Struggle
- Political Geography:
- Middle East and Syria
39108. Iran's Afghan Shiite Fighters in Syria
- Author:
- Phillip Smyth
- Publication Date:
- 06-2014
- Content Type:
- Working Paper
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- Afghan Shiite militants have been fighting on the Assad regime's side for some time, and the scope and strategic purpose of Iran's involvement is becoming increasingly clear.
- Topic:
- Security, Terrorism, and Armed Struggle
- Political Geography:
- Afghanistan, Iran, and Middle East
39109. Expanding Access to Economic Opportunity in Fast-Growth Metropolitan Areas
- Author:
- Rolf Pendall and Margery Austin Turner
- Publication Date:
- 05-2014
- Content Type:
- Policy Brief
- Institution:
- Urban Institute
- Abstract:
- Many community development initiatives traditionally funded by foundations and the federal government evolved to respond to the economic conditions and barriers facing communities in big cities of the northeast and midwest. But conditions are dramatically different in Houston and other fast-growing metros like it. Neighborhood Centers, Inc. is developing and testing strategies for connecting underserved people to opportunities that reflect the realities of Houston's geography, demographics, and economy. This paper is intended to start a discussion about how these strategies differ from more traditional place-based antipoverty strategies, and how similar approaches may suit other metros like Houston.
- Topic:
- Economics, Human Welfare, Governance, and Reform
39110. 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
39111. 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
39112. 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
39113. 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
39114. 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
39115. 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
39116. 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
39117. 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
39118. 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
39119. 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
39120. 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
39121. 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
39122. 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
39123. 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
39124. 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
39125. 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
39126. 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
39127. 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
39128. 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
39129. 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
39130. 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
39131. 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
39132. 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
39133. 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
39134. 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
39135. 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
39136. 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
39137. 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
39138. 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
39139. 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
39140. 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
39141. 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
39142. 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
39143. 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
39144. 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
39145. 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
39146. 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
39147. 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
39148. 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
39149. 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
39150. 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