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  • Author: Clifford F. Thies, Christopher F. Baum
  • Publication Date: 01-2020
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: With the collapse of the Soviet Union, it was thought that major wars had become obsolete (Mueller 1989) and perhaps regional conflicts might be brought under control (Cederman, Gleditsch, and Wucherpfennig 2017). But, while the level of violence declined, the number of wars in the world appears to have reached a new steady state. A world that was once organized by East-West rivalry is now characterized by ethno-religious conflicts, as well as by spontaneously arising transnational terrorist organizations and criminal gangs. For various reasons, economists have become interested in investigating the causes and effects of war and other armed conflict (e.g., Coyne and Mathers 2011). This article uses a consistent measurement of these forms of violence across space and time to conduct a rigorous quantitative analysis of the effect of war on economic growth.
  • Topic: Cold War, War, History, Economic Growth, Conflict
  • Political Geography: Global Focus
  • Author: Benjamin Press
  • Publication Date: 09-2020
  • Content Type: Journal Article
  • Journal: The Ambassador's Review
  • Institution: Council of American Ambassadors
  • Abstract: Resurgent authoritarians are putting to the test the old adage that “democracy is the worst form of government, except for all the others.” Autocrats recognize that they have been losing battles on governance for decades. Liberal countries like the United States have aggressively invested in pro-democracy programming, strengthening civil society, political parties and the rule of law in countries across the world in an attempt to erect barriers against authoritarianism. Moreover, democracies have hammered autocrats on issues ranging from human rights to corruption, lending legitimacy to domestic dissidents and, to a certain extent, discrediting them on the global stage. But that paradigm is beginning to shift. As authoritarian powers—especially Russia and China—have become increasingly assertive in international affairs, they have aimed to legitimize their own governance models and bolster autocrats abroad. And as shown by recent data on the rise of so-called “autocratization,” their approach may be working. The support for authoritarianism abroad embodies a new type of governance strategy: autocracy promotion. In an inversion of traditional democracy promotion, autocracy promotion entails both rhetorical and concrete support for other authoritarians. From Russia offering to send in soldiers to put down protesters in Belarus to China weakening global human rights frameworks, autocracy promoters are seeking to tip the governance landscape in autocrats’ favor. Their direct mechanism for doing so is by helping weaker autocrats by bolstering their legitimacy and expanding their capacity to coerce and coopt domestic actors. By shifting narratives and providing material support, autocracy promoters ultimately aim to “make the world safe for autocracy.”
  • Topic: Foreign Policy, Diplomacy, Authoritarianism, Conflict
  • Political Geography: Global Focus
  • Author: Alexandra Heffern
  • Publication Date: 07-2020
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: I have worked in development for almost twenty years, but when I declared my focus, I had not originally thought “I definitely want to do conflict-related programming and work in conflict zones.” Given my trajectory though, I organically started to do that. I received my undergraduate degree from the University of Vermont, and at that point the only way to study international development was through their Agricultural Economics program. After finishing school, my first real introduction to the field was when I started working with Oxfam in Boston. At first it was a very administrative position, but then I was lucky and had the opportunity to go overseas as the program officer in Cambodia, which is where I would say I began my career. At that point, I really wanted to work with an NGO — I had not even thought about working with USAID or a contractor — but in Cambodia I had the opportunity to work as a local American hire with USAID. After that I went to Clark University for graduate school, and after Clark I had a number of program management roles for USAID, all of which were in conflict zones. For example, I spent time working in Timor-Leste with Tetra Tech ARD, I spent time in Afghanistan, and I served as Chief of Party in Sudan for a conflict transition program. After being overseas I decided to return to the United States and began working with Chemonics, specifically supporting their Libya and Lebanon programs in the Office of Transition Initiatives...
  • Topic: Security, Conflict, Interview, USAID
  • Political Geography: Global Focus, United States of America
  • Author: Daniella Dam-de Jong, Saskia Wolters
  • Publication Date: 07-2020
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: Corporate activities take place in a variety of social contexts, including in countries affected by armed conflict. Whether corporations are physically present in these regions or merely do business with partners from conflict zones, there is an increased risk that their activities contribute to egregious human rights abuses or serious environmental harm. This is especially so for corporations active in or relying on the extractives sector. It is against this background that the ILC included two principles addressing corporate responsibility for environmental harm in its Draft Principles on the protection of the environment in relation to armed conflict. Both principles explicitly call on the home States of these corporations to give effect to their complementary role in regulating and enforcing corporate social responsibility. Draft Principle 10 addresses the responsibility of home States to regulate multinational corporations under the heading of “corporate due diligence”, while Draft Principle 11 addresses the responsibility of home States to hold multinational corporations liable for environmental damage caused in conflict zones. The current contribution engages with the potential normative foundations underpinning extraterritorial responsibilities for the home States of multinational corporations with respect to the prevention and remediation of environmental harm in conflict zones, focusing on international humanitarian law and international human rights law. It concludes that the Draft Principles are certainly indicative of the direction in which the law is evolving, but that no firm obligations beyond treaty law can be discerned as of yet. It was therefore a wise decision to phrase the respective Draft Principles as recommendations instead of obligations. At the same time, there are sufficient indications to conclude that it seems a matter of time before it is accepted that States have distinct obligations under customary international law for which their responsibility may be engaged. It is argued that the ILC Draft Principles provide an important impetus to these developments, not in the least because they provide a reference to States regarding the state-of-the-art and guidance for future action.
  • Topic: International Law, Conflict, Multinational Corporations
  • Political Geography: Global Focus
  • Author: Marie Davoise
  • Publication Date: 07-2020
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: In July 2019, the International Law Commission (ILC) provisionally adopted, on first reading, a series of draft principles on the protection of the environment in relation to armed conflict (the Draft Principles). The role of businesses in armed conflict is addressed in Draft Principle 10 and Draft Principle 11. The latter, in particular, requires States to implement appropriate measures to ensure that corporations operating in or from their territories can be held accountable for environmental harm in the context of armed conflict. The inclusion of those two Draft Principles reflects increasingly vocal calls for corporate accountability, which has been the focus of the growing field of Business and Human Rights (BHR), an umbrella term encompassing a variety of legal regimes from tort law to criminal law. This contribution will look at the link between businesses, the environment, and armed conflict. Using the newly adopted Draft Principle 11 as a starting point, it explores three major liability regimes through which businesses could be held accountable for damage to the environment in armed conflict: State responsibility, international criminal law, and transnational tort litigation. Using case studies, the article discusses some of the challenges associated with each of those regimes, before concluding that the cross-fertilization phenomenon observed in this article (between public/private law, domestic/international level, and across various jurisdictions) is making BHR an increasingly salient discipline and useful tool in the fight against impunity for corporate environmental harm in armed conflict.
  • Topic: Human Rights, International Law, Business , Conflict
  • Political Geography: Global Focus
  • Author: Karen Hulme
  • Publication Date: 07-2020
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: Environmental protection is not specifically included in treaty law relating to State obligations during situations of occupation. While clearly not of the same scale as damage caused to the environment during armed conflict, damage caused during occupation is often similar in nature – largely due to those who seek to exploit any governance vacuum and a failure to restore damaged environments. What can human rights offer in helping to protect the environment during occupations? What protection can be offered by an analysis of environmental human rights law?
  • Topic: Environment, Human Rights, Governance, Conflict
  • Political Geography: Global Focus
  • Author: Dieter Fleck
  • Publication Date: 07-2020
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: The existing treaty law on the protection of the natural environment during armed conflicts is less than adequate. Treaty provisions relating to international armed conflicts are limited to the prohibition of damage of an extreme kind and scale that has not occurred so far and may hardly be expected from the conduct of hostilities unless nuclear weapons would be used. Even in such a scenario, States possessing nuclear weapons have explicitly objected to the applicability of that treaty law. For internal wars, no pertinent treaty provisions exist in the law of armed conflict. Yet multilateral environmental agreements concluded in peacetime stand as an alternative approach to enhance environmental protection during war. As a civilian object, the environment may not be targeted nor attacked in an armed conflict, but this does not exclude collateral damage, nor does this principle as such offer specific standards for proportionality in attacks. In an effort to close these apparent gaps of treaty law, the present contribution looks into other sources of international law that could be used. In this context, the author revisits the role of the famous Martens Clause in the interplay of international humanitarian law, international environmental law, and human rights law. The role of the Clause in closing gaps caused by the indeterminacy of treaty law is reviewed and customary rules, general principles, and best practices are considered to this effect. For the protection of the natural environment during armed conflicts, the Martens Clause may, indeed, be used as a door opener to facilitate the creation and application of uncodified principles and rules. Particular standards for proportionality in attacks can be derived from the Martens Clause. Pertinent soft law instruments need to be developed in international practical cooperation and by academia. Yet it deserves further study to explore whether, and to what extent, the Martens Clause, which was adopted in the law of armed conflict, may also apply in post-conflict peacebuilding as a case of interaction between the jus in bello and the jus post bellum, at least as far as the protection of the natural environment is concerned.
  • Topic: International Law, Treaties and Agreements, Humanitarian Intervention, Conflict
  • Political Geography: Global Focus
  • Author: Michael Bothe
  • Publication Date: 07-2020
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: The protection of the environment in relation to armed conflict, in particular during armed conflict is a complex problem as it involves at least two different fields of international law, the law of armed conflict (international humanitarian law) and international environmental law. Their mutual relationship is a delicate issue. International humanitarian law is not necessarily lex specialis. Three principles deserve particular attention in this connection: as to general international environmental law, the principle of prevention and the precautionary principle, as to international humanitarian law the duty to take precautions. The terms prevention and precaution are used in different contexts in environmental law (both national and international) and in the law of armed conflict. The duty, imposed by international humanitarian law, to take precautions has much in common with, but must be distinguished from, the precautionary approach of general environmental law. This paper shows what these principles mean and how they relate to each other. It answers the question to what extent the rules based on these concepts are effective in restraining environmental damage being caused by military activities. The application of these principles in peace and war serves intergenerational equity and is thus an important element of sustainable development.
  • Topic: Environment, International Law, Humanitarian Intervention, Conflict
  • Political Geography: Global Focus
  • Author: Otto Fiala, Ulrica Pettersson
  • Publication Date: 06-2020
  • Content Type: Journal Article
  • Journal: PRISM
  • Institution: Institute for National Strategic Studies (INSS), National Defense University
  • Abstract: Resistance is a form of warfare. It can be planned. The Resistance Operations Concept is simply a resistance primer. It contains guidance and advice toward establishing a nationally authorized resistance capability. It advises the establishment of a pre-crisis organization for nations under greater threat, for the purpose of having a unified resistance effort against an occupier, and renders specific organizational guidance.
  • Topic: War, Military Strategy, Conflict, Resistance
  • Political Geography: Global Focus
  • Author: Emily Knowles
  • Publication Date: 06-2020
  • Content Type: Journal Article
  • Journal: PRISM
  • Institution: Institute for National Strategic Studies (INSS), National Defense University
  • Abstract: Taking a peacebuilding approach to working with local militaries and armed groups means using assistance to fragmented security sectors to increase cooperation between various formal and informal elites in a weak state. This approach places less emphasis on developing conventional military power and more emphasis on facilitating and improving relations between the different factions within the security sector and between the security sector and the civilian population. If international providers help local partners perform better at military tasks without ensuring that the forces have local legitimacy and strong accountability, progress is likely to be fleeting and could actually exacerbate civilian harm and the underlying drivers of violent conflict.
  • Topic: Security, Defense Policy, Military Strategy, Peacekeeping, Conflict, Local
  • Political Geography: Global Focus