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Begin New Search Topic Treaties and Agreements Content Type Journal Article Publication Year within 10 Years Publication Year within 25 Years

31. Joint Comprehensive Plan of Action (2015) on Restricting Iran’s Nuclear Program and Russia-Iran Relations Century | İran’ın Nükleer Enerji Programı’nın Sınırlandırılmasına İlişkin Kapsamlı Ortak Eylem Planı (2015) ve İran-Rusya İlişkileri

Author:
Nurhan Hacıoğlu
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Novus Orbis: Journal of Politics & International Relations
Institution:
Department of International Relations, Karadeniz Technical University
Abstract:
After 11 September, Iran's nuclear energy program turned into an international crisis. However, Iran did not give up its nuclear energy program despite the pressure on it in the world public opinion. This crisis, which occurred in the early 2000s, did not cause a negative impact on relations between Iran and Russia. Russia continued to help Iran to develop its nuclear program. One of the main points of the Joint Comprehensive Plan of Action (JCPOA) signed between P5+ 1 countries and Iran in 2015 is that Iran limited its nuclear energy development for ten years. However, Iran could be a regional rival for Russia, especially in terms of energy and gas exports, after a decade. In this context, the focus of the study is to analyse whether there was any change in the good relations between the two countries after JCPOA. The study seeks answers to specific questions: How does Russia look at JCPOA? Why does Russia stand for a rival Iran? Are there any changes in the relations between Russia and Iran in the post-2015 period? According to the results, JCPOA did not have any negative effect on Russia-Iran relations. | 11 Eylül sonrası İran’ın nükleer enerji programı uluslararası bir krize dönüşmüştür. Ancak İran, uluslararası kamuoyunda kendisine yönelik baskılara rağmen nükleer enerji programından vazgeçmemiştir. 2000’li yılların başlarından itibaren ortaya çıkan bu kriz Rusya İran ilişkilerinde olumsuz bir etkiye neden olmamıştır. Rusya İran’a nükleer programını geliştirmesi için yaptığı yardımlara devam etmiştir. 2015 yılında P5+1 ülkeleri ve İran arasında imzalanan Kapsamlı Ortak Eylem Planı’nın (KOEP) temel noktalarından biri İran’ın nükleer enerji gelişimini on yıllık bir süre için sınırlandırmış olmasıdır. Ancak İran on yılın sonunda kendisine yönelik yaptırım ve ambargolardan kurtulmuş bir ülke olarak Rusya’ya özellikle enerji ve gaz ihracı noktasında bölgesel bir rakip olabilecektir. Bu bağlamda çalışmanın odak noktası, bütün bunlar göz önünde bulundurularak iki ülkenin KOEP sonrası iyi ilişkilerinde değişme olup olmayacağını analiz etmektir. Çalışma belli sorulara cevap aramaktadır: Rusya KOEP’e nasıl bakmaktadır? Rusya neden kendisine rakip olabilecek bir İran’ı göze almaktadır? 2015 sonrası dönemde Rusya-İran ilişkilerinde değişiklik olmuş mudur? Ortaya çıkan sonuçlara göre KOEP'in Rusya-İran ilişkilerine herhangi bir olumsuz etkisi olmamıştır.
Topic:
Treaties and Agreements, Nuclear Power, Geopolitics, and JCPOA
Political Geography:
Russia, Iran, Eurasia, and Middle East

32. The Regime for Protecting Cultural Property during Armed Conflicts: An Analysis of the Historical Development

Author:
Elvan Çokişler
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
This research deals with the historical development of the regime for protecting cultural properties during armed conflicts. The historical development is addressed in three sections: The first section explains the process from antiquity through the 18th century in light of the views that form the philosophical background of the regime. The second section discusses the initial tangible efforts which appeared in the 19th century with regard to the establishment of customary law, while the third section handles the 20th century endeavors in terms of the codification of the regime. The research has shown that, throughout history cultural property has been open for strategic use, efforts for protecting it accelerated particularly after great wars and codification efforts improved as a reaction to big damages stemming from changing nature of armed conflicts. These findings may be interpreted as indicating that today’s protection efforts are bound to be insufficient for the future strategic uses of cultural property that are unpredictable from today’s vantage point.
Topic:
International Law, Treaties and Agreements, Culture, and Conflict
Political Geography:
Global Focus

33. Scrutinizing Possible Procedures by which States Withdraw from the United Nations

Author:
Mehmet Halil Mustafa Bektaş
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
A state rarely considers leaving an international organization when negotiating the conditions of its entry. Among such organizations is the United Nations (UN), an institution of obvious global importance. The issue of withdrawal, neglected though it often is (whether deliberately or unintentionally), could however be equally as significant as that of entry. By contrast with the Covenant of the League of Nations, the UN Charter makes no provision for withdrawal. The procedure to be followed should a state request to withdraw is therefore left uncertain. The current study therefore examines three primary instruments: the proposal of the Committee of the San Francisco Conference, the Indonesian example and the inclusion of the relevant provisions of the Vienna Convention on the Law of Treaties. The study aims to determine whether these instruments provide an explicit procedure for withdrawal from the UN. The current study contributes to the Turkish literature by providing insight into this largely ignored topic.
Topic:
International Law, Treaties and Agreements, and United Nations
Political Geography:
Global Focus

34. The quest for recognition: Taiwan’s military and trade agreements with Singapore under the one-China policy

Author:
Pasha L. Hsieh
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
This article examines the evolution of Taiwan’s relationship with Singapore since the 1960s as a unique case study in the Asia-Pacific. The theoretical concept of recognition in international relations (IR) and its nexus with international law are used to analyze the conclusion of the bilateral military and trade agreements absent diplomatic relations. The article argues that beyond security dimensions, the two states’ struggles for recognition exhibit the formation of national identities, which invigorate the claims for sovereign state status in global politics. First, this article explores the emerging notion of recognition in IR and sheds light on the significance of Taiwan’s presidential visit to Singapore under its one-China policy. Second, it explains Singapore’s pursuit of external sovereignty that led to substantive defense cooperation with Taiwan, as well as the role of Lee Kuan Yew in facilitating Beijing–Taipei negotiations. Finally, it assesses contemporary developments such as the inking of the Taiwan–Singapore free trade agreement and the first-ever summit between the presidents of China and Taiwan in Singapore. Hence, the political and legal analysis of Singapore–Taiwan relations enriches the study of IR and contributes to the understanding of the foreign policy of China and the Association of Southeast Asian Nations.
Topic:
Foreign Policy, International Trade and Finance, Treaties and Agreements, Military Affairs, and Trade
Political Geography:
China, Taiwan, Asia, and Singapore

35. Comparative Nuclear Policy: A Case Study of U.S. Impact on India and Brazil Programs (1946-2018)

Author:
Cristina Soreanu Pecequilo and Artur Cruz Bertolucci
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
AUSTRAL: Brazilian Journal of Strategy International Relations
Institution:
Postgraduate Program in International Strategic Studies, Universidade Federal do Rio Grande do Sul
Abstract:
The knowledge regarding nuclear technology represented a new reality for the generation of energy and international security. The nuclear attacks of Hiroshima and Nagasaki in 1945 represented the beginning of the so-called nuclear era and of the “balance of terror” as presented by many analysts such as Raymond Aron, deepened by the arms race in the US-Soviet bipolarity after 1947. Besides the superpowers, different countries had begun to develop their nuclear programs. The cases of Brazil and India stand out, since they develop their research agendas n the 1950s and 1960s, in the Cold War context, as a path to enhance their autonomy and bargaining power. The spread of the nuclear knowledge represented a challenge for the superpowers, and the talks for mechanisms of nuclear proliferation control such as the Non-Proliferation Treaty (NPT) started. This is the context in which Brazil and India develop their nuclear programs under the impact of its bilateral relations with the US. Although, these programs were convergent at first, in the search for nuclear autonomy, adjustments are going to be observed on both policies after the end of the Cold War. The article aims to understand the importance and history of Brazil and India nuclear programs and US weight on these agendas.
Topic:
Defense Policy, Diplomacy, Nuclear Weapons, Treaties and Agreements, Military Strategy, Nuclear Power, and Denuclearization
Political Geography:
India, Asia, Brazil, South America, North America, and United States of America

36. The 10th Special Measures Agreement between the U.S. and South Korea: Analysis and Implications for Northeast Asia

Author:
Elton J. Chun
Publication Date:
10-2019
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
The United States and the Republic of Korea concluded the 10th Special Measures Agreement on February 10, 2019. The two countries agreed to a one-year agreement after difficult negotiations in which Washington demanded that Seoul increase the amount paid to offset the costs of stationing American forces in Korea. Since 1991, Washington and Seoul have concluded 10 Special Measures Agreements. Unlike the previous five-year agreement, the 10th SMA was a “stopgap deal” that covered a one year of bilateral defense budgets with an option of extending the agreement for an additional year; it was the first SMA negotiated by the Trump administration. This article examines the 10th Special Measures Agreement, exploring the history of defense cost sharing between the two countries, effects on South Korea, implications for coordinating policy on North Korea, and influences on Japan, Russia, and China. The article concludes with an assessment on how the 10th Special Measures Agreement and other factors will affect future agreements.
Topic:
Defense Policy, Regional Cooperation, Treaties and Agreements, Bilateral Relations, and Armed Forces
Political Geography:
Japan, China, Asia, South Korea, North Korea, and United States of America

37. Freeze and Advance: How North Korea Maneuvered to Get the Bomb and Prospects for Its Nuclear Future

Author:
George Hutchinson
Publication Date:
10-2019
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
U.S. administrations have opted to negotiate with North Korea in an attempt to curb its nuclear ambitions. Rather than producing their intended effect, past negotiations have inadvertently served as a vehicle for North Korea to methodically achieve its nuclear objectives. This paper presents evidence of North Korea’s decades-old drive to maneuver through negotiations while also advancing its nuclear development, including its resistance to sign the IAEA safeguards agreement and its subsequent demands under the Agreed Framework which allowed Pyongyang to advance the clandestine portions of its nuclear program. The paper also explains, more specifically, how North Korea has used the negotiating process with the U.S. to achieve its objectives. Nuclear negotiations have followed a repeating cycle, with North Korea: (1) getting to the negotiating table; (2) agreeing to a freeze under a system of verification; (3) obstructing the verification process intended to monitor the freeze and then (4) blaming the U.S. for the ultimate collapse of the agreement while continuing to advance its weapons program. Finally, the paper uses the ‘repeating cycle’ framework above to assess events that have occurred during the Trump administration in order to predict probable future outcomes.
Topic:
Nuclear Weapons, Treaties and Agreements, War, and Conflict
Political Geography:
Asia, South Korea, North Korea, North America, and United States of America

38. An Analysis of the Treaty on the Prohibition of Nuclear Weapons in Light of its Form as a Framework Agreement

Author:
Monika Subritzky
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Nuclear weapons present a unique problem and risk to global safety and security. The destructive capability of nuclear weapons, which extends beyond intended targets, is what sets these weapons apart from all else; they are sui generis. These weapons are indiscriminate in both their scale of destruction, which cannot be said to involve proportionate force, and in their residual effects of radioactive fallout, which some scholars have equated to the effect of a poisoned weapon.1 The Treaty on the Prohibition of Nuclear Weapons (TPNW) was adopted at the United Nations Headquarters on 7 July 2017, with 122 States voting in favour of the final draft, one voting against, and one abstaining.2 As of July 2019, the Treaty has twenty-three parties and seventy signatories.3 It is currently not in force as it requires ratification by a minimum of fifty States in order to come into effect.4 The core prohibitions of the Treaty are set out in its first Article, in which State parties agree to never develop, acquire, use or threaten to use, transfer, or stockpile nuclear weapons. What the Treaty does not do, however, is directly eliminate any nuclear weapons; a challenging task in itself considering that none of the current possessors of nuclear weapons even partook in the negotiation of the Treaty. State parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) have obligations under Article VI to undertake negotiations on effective measures leading to disarmament.5 Against a backdrop of little discernible progress on the implementation of Article VI over the last fifty years, Ireland, on behalf of the New Agenda Coalition, submitted a Working Paper outlining possible pathways to nuclear disarmament in an effort to fulfil the provisions of Article VI.6 These pathways were debated in 2016 during the Open-Ended Working Group (OEWG), which was set up for the purpose of providing a forum for discussion regarding advancing nuclear disarmament. The argument of this paper is that the TPNW has the potential to function radically as a disarmament mechanism. At first glance, the Treaty appears to fit within the second pathway outlined in the Irish Working Paper, effectively functioning as a simple Ban Treaty. However, a careful analysis reveals that it more neatly fits into the third pathway – a framework arrangement. It is this characteristic which makes the TPNW a novel and profound instrument as well as a potential foundational solution to the problem of nuclear weapons. The core section of the paper is divided into two parts. The first delves into the three main pathways discussed in the Irish Working Paper and analyzes how well each of the proposals can address the problem of achieving nuclear disarmament. As suggested by Brazil in the OEWG debates in 2016, three categories are key in establishing the degree to which each pathway can achieve progress in achieving nuclear disarmament – universality, effectiveness, and political viability.7 All nuclear disarmament treaties must intend to be universal in light of the humanitarian consequences of their usage. However, a disarmament treaty can be successful with universality as one of its objectives, rather than a precondition. Widespread support for a treaty also lends to its effectiveness, as do mechanisms for verification and enforcement.8 The political viability of a treaty is key as, without the willing participation of governments, proposals can easily be discarded. The analysis is centred on these categories. The second core part of the paper analyzes the structure of the TPNW with a focus on Articles 4 and 8. It demonstrates that the TPNW surreptitiously functions as a framework agreement and that this attribute has enormous value, both in practice and in shaping norms. The flexibility and adaptability of framework agreements is what makes them the most suitable mechanisms for nuclear disarmament.
Topic:
Diplomacy, Nuclear Weapons, Treaties and Agreements, Military Strategy, and Denuclearization
Political Geography:
Global Focus

39. Access to Fisheries in the United Kingdom’s Territorial Sea after its Withdrawal from the European Union: A European and International Law Perspective

Author:
Valentin Schatz
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article approaches the question of post-Brexit access of European Union (EU) Member States to the United Kingdom’s (UK) territorial sea fisheries by first discussing the pre-Brexit legal status quo under the Common Fisheries Policy (CFP) of the EU. Second, this article discusses the international legal framework for access to territorial sea fisheries that would apply if the UK withdraws from the EU in the absence of a future agreement. As Part II of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) does not contain provisions on fisheries access, this analysis focuses on the role of the 1964 London Fisheries Convention (LFC), bilateral voisinage agreements between the UK and EU Member States, potential acquired historic fishing rights of EU Member States in the UK’s territorial sea, and potential access rights derived from royal privileges. Next, this article addresses the relevance of the transitional arrangements contained in the latest draft withdrawal agreement of 2018, which was not, however, adopted by the UK. Finally, this article offers some conclusions as to the applicable legal framework for access of EU Member States to the UK’s territorial sea fisheries absent a new fisheries agreement between the EU and the UK, and potential ways to proceed in the future regulation of this issue.
Topic:
International Cooperation, Treaties and Agreements, Territorial Disputes, European Union, and Brexit
Political Geography:
United Kingdom and Europe

40. Evaluating the Zero Draft on a UN Treaty on Business and Human Rights: What Does it Regulate and how Likely is its Adoption by States/

Author:
Julia Bialek
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Infringements of human rights through the actions of transnational corporations are common in our globalizing world. While the international community has undertaken numerous attempts to hold private corporations responsible for their actions, only soft law instruments govern this area of public international law. Only recently, a first draft was released for a Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and Other Business Enterprises, also known as the Zero Draft. This article argues that the Zero Draft, while based on contemporary international law, represents a positive first step in the treaty-making process, but it still needs specification and clarification in order to close the gap in human rights protection effectively. First outlining the need for a closure of the gap in human rights protection, this article then closely examines the content of the Zero Draft. To that end, an in-depth analysis of the core provisions of the Draft is offered, especially focusing on the rights of victims, the prevention of human rights infringements, and corporate liability. Furthermore, this article analyzes current State practice and the expectations of the international community towards a legally binding instrument on the topic of business and human rights. Significantly, this article also compares the Zero Draft to existing soft law and previous recommendations on how to close the gap in a binding manner. Finally, the article concludes that, by indirectly holding companies accountable without depriving States of their sovereign power over their companies, the Zero Draft has the potential to be implemented as a future Treaty on Business and Human Rights.
Topic:
Globalization, Human Rights, Treaties and Agreements, and transnationalism
Political Geography:
Global Focus