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Begin New Search Topic International Law Content Type Journal Article Publication Year within 3 Years

11. Nigerien Law 2015-36: How a New Narrative in the Fight Against Smugglers Affects the Right to Leave a Country

Author:
Sarah Isabel Pfeiffer
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In 2015, the Republic of the Niger adopted an anti-migrant smuggling law (Law 2015-36) with direct involvement of the European Union (EU). Since then, concerns have been raised that this law constitutes a de facto travel ban for anyone moving northwards from Niger. Rather than addressing the involvement of the EU, this article will focus on the direct obligations of Niger, including those set by regional human rights agreements, as the country where the so-called cooperative migration control takes place. People on the move towards Libya will be a special focus as the most affected by the Nigerien law. First, the Nigerien law and its provisions will be described, in order to then assess whether the law and its application infringe the human right to leave any country including one’s own. Drawing from the findings of non-governmental organizations and the United Nations Special Rapporteur on the Human Rights of Migrants, this article argues that Law 2015- 36 renders it impossible for non-Nigerien nationals to leave the country without risking their life and safety. Thus, Law 2015-36 infringes the right to leave. The third part explores possible justifications for the law with a focus on the interests of people on the move, the interests of bordering States, and national interests. It finds that Law 2015-36 is disproportionate and, in fact, impairs the essence of the right to leave, resulting in an unjustified interference. The concluding fourth part contains recommendations for possible amendments to the law.
Topic:
Human Rights, International Law, Migration, European Union, Smuggling, and Irregular Migration
Political Geography:
Africa, Europe, and Nigeria

12. Prosecuting Russia’s Crime of Aggression: A critical reflection

Author:
Sonia Boulos
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
Since the beginning of Russia’s war of aggression against Ukraine, international law has become a center piecein Ukraine’s war efforts. The Hyper response of legal and other international institutions have prompted some to call these developmentsas the “Ukraine moment”. Theterm suggeststhat the legal response to the war represents,potentially,atransformative moment for international law in its pursuit of justice. Focusing on the crime of aggression, the aim of this article is to answer the question whether the international response to the Russian war of aggression against Ukraine symbolizesgenuinelya transformativeinternational law moment
Topic:
International Law, Russia-Ukraine War, Aggression, and Double Standards
Political Geography:
Russia, Europe, and Ukraine

13. Taiwan’s International Legal Standing: Navigating the Fragile Status Quo

Author:
Mahir Al Banna
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This study aimed to discuss the legal limbo of Taiwan, whose political situation lies in a grey area of international law. Its legal status is ambiguous: while meeting the characteristics of a State, it is not recognized by other States so long as China claims it as a Chinese territory. The methodology developed in this study adopted the descriptive analytical approach to the different principles of international law, in addition to quantitative methods, which involved gathering data on cases, courts, and resolutions of international organizations, followed by thorough analysis. This research provided an in-depth investigation to critically assess Taiwan’s fragile status quo, threatened by a potential Chinese military intervention. The study found that the idea that Taiwan is deprived of legal status points out the shortcomings of international law. This study concluded that to overcome this tricky situation, Taiwan should take bold moves, such as making constitutional reforms to facilitate its independence.
Topic:
International Law, Status Quo, Recognition, and Use of Force
Political Geography:
China, Taiwan, and Asia

14. Political and Economic Dimensions of the Dominance of Selected Asian Recycling Yards in the World

Author:
Malgorzata Kamola-Cieslik
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
India, Bangladesh, and Pakistan have dominated the global ship recycling market in the 21st century. A recycled ship provides steel and other metals for industrial reuse. In addition to economic gains, ship recycling affects the environment and workers’ health. The article compares the changes in the policies of the governments of India, Bangladesh, and Pakistan regarding recycling shipyard operations from 2009-2022 in the context of international and EU law standards. It also shows the impact of international organizations, shipbuilding trade unions, Shipbreaking Platform non-governmental, Maersk shipping company, and Norway on the decisions of South Asian countries to make them ratify the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships. Analysis of the collected research material allows us to conclude that the governments of India, Bangladesh, and Pakistan have shown varying degrees of understanding of introducing legal regulations for safe ship recycling.
Topic:
Government, International Law, Recycling, and Trade Unions
Political Geography:
Pakistan, Bangladesh, India, and Asia

15. The Rabble of International Community over Afghanistan and the Recognition of Taliban Government

Author:
Matiullah Safi
Publication Date:
07-2024
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
It is to highlight the responsibility of the international community, and the concerns of the Afghan people under international law in the wake of the Taliban takeover on 15/ August/ 2021. Considering the apprehensions of Afghans under the rule of the Taliban in Afghanistan and the prodigious behavior of global polity, and regional powers to the recognition of the Taliban as a political party and finally the legitimate leadership of Afghanistan has legal domestic, international, and regional implications for Afghan people. The recent engagement of the international community with the Taliban government and the dynamics of political statements of the nations around the world and regional states have created a domino effect for recognition among regional powers over the course of the short history of the Taliban government in Afghanistan including the United Nations' response. A considerable segment of the international community is looking for economic, political, and strategic interests rather than international norms of diplomacy, human rights, and other international considerations for the recognition of the Taliban government. This paper investigates the interdependence between international law, regional politics, and human rights in the wake of the Taliban‟s takeover of Afghanistan. The paper also provides a conceptual framework for international recognition of the Taliban‟s government, it critically analyzes the international community‟s engagement with the Taliban's emergence as the de facto government and the broader implications for both Afghan citizens and global actors.
Topic:
International Law, Taliban, International Community, and Recognition
Political Geography:
Afghanistan and South Asia

16. The Void Above: The Future of Space Warfare and a Call to Update the Rule of International Space Law

Author:
Alan Cunningham
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Journal of Advanced Military Studies
Institution:
Marine Corps University Press, National Defense University
Abstract:
In an age where space warfare is becoming more likely and a militarized space is already a reality, it is imperative to develop a strong legal framework to try and prevent nation-states from engaging in warfare. By implementing legal standards, improving on the existing legal framework, and taking input from outside legal sources, outer space can be made safer and the potential for armed conflict more protected against.
Topic:
International Relations, International Law, International Security, Military Affairs, Space, Warfare, and Space Law
Political Geography:
Global Focus and Space

17. Dogmatik and International Criminal Law: Approximations in the Realm of ‘Language’ and ‘Grammar’

Author:
Morten Boe
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Starting from the assertion of George Fletcher that there could never be an effective International Criminal Law (ICL) without a corresponding ICL Dogmatik – understood as a supporting culture of ideas and general principles – the article attempts to retrace and critically assess the connection made between the domestic concept and the international realm; to give a first approximation of what ‘ICL Dogmatik’ is supposed to mean. While not being definable in a conclusive way, Dogmatik – as understood in the German legal system – represents a specific habitus and mindset when approaching law, providing for an autonomous legal discourse fueled by the aspiration of a coherent normative system based on argumentative rationality and close cooperation of legal scholarship and legal practice. The article argues that, while the term Dogmatik is a specific cultural expression, the substance of the concept more generally refers to and echoes universal challenges of law and legal scholarship. The urge for an ICL Dogmatik should therefore not be (mis-)understood to argue for an authoritative rule of scholars or the adoption of German legal theories on the international level. Instead, the statement enunciates the necessity to establish ICL as an autonomous normative framework of concepts and terms. Dogmatik merely stands for an abstract vision, which may help to organize legal thinking in ICL, to structure and systemize the field, and most importantly to raise awareness for the necessity to develop a shared and coherent (legal) language, which enables productive discourse between all legal families.
Topic:
International Law and International Criminal Law (ICL)
Political Geography:
Global Focus

18. The Settlement of EEZ Fisheries Access Disputes under UNCLOS: Limitations to Jurisdiction and Compulsory Conciliation

Author:
Valentin J. Schatz
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article revisits the scope of the limitation to jurisdiction ratione materiae under Article 297(3) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in the context of Exclusive Economic Zone (EEZ) fisheries access disputes in the light of recent jurisprudence of UNCLOS tribunals. It first provides an overview over general aspects of Article 297(3) of UNCLOS in the compulsory dispute settlement mechanism of Section 2 of Part XV of UNCLOS. Next, it briefly considers the relationship between Article 297(3) and Article 297(1) of UNCLOS in order to clarify the former limitation’s role in the complex internal logic of Article 297 of UNCLOS. Thereafter, this article addresses the sometimes-overlooked function of Article 297(3) of UNCLOS as a confirmation of jurisdiction with respect to fisheries disputes that are not related to the EEZ. It then analyzes the scope of the limitation to jurisdiction ratione materiae of Article 297(3) of UNCLOS in the context of fisheries access disputes. Next, this article examines the potential and limits of the compulsory conciliation procedure under Article 297(3)(b) and Annex V of UNCLOS with a focus on the scope of the procedural mandate and subject-matter competence of such conciliation commissions.
Topic:
Economics, International Law, and Fishing
Political Geography:
Global Focus

19. Compulsory Settlement of EEZ Fisheries Enforcement Disputes under UNCLOS: “Swallowing the Rule” or “Balancing the Equation”?

Author:
Camille Goodman
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
While there is a widely held view that disputes concerning fisheries in the exclusive economic zone (EEZ) are largely exempt from the compulsory jurisdiction of courts and tribunals as a result of far-reaching exceptions in Part XV of the 1982 United Nations Convention on the Law of the Sea (LOSC), this is not the case for all EEZ fisheries disputes. This article examines the specific question of disputes concerning the enforcement of fisheries laws and regulations in the EEZ, and considers how the Part XV framework has been – or could be – used and interpreted for the compulsory settlement of EEZ fisheries enforcement disputes. It examines the obligation of prompt release established in Article 292, the option to exclude compulsory jurisdiction with respect to law enforcement activities concerning EEZ fisheries by written declaration under Article 298(1)(b), and the opportunity to bring disputes concerning EEZ fisheries enforcement within the scope of compulsory jurisdiction under Article 297(1) by characterising them as relating to the freedom of navigation or the protection and preservation of the marine environment. Framing its enquiry by reference to the question posed in this special issue, the article argues that, rather than “swallowing the rule” of compulsory jurisdiction, the jurisdictional scheme established for EEZ fisheries enforcement disputes helps to “balance the equation” and support the effectiveness of Part XV in protecting the compromises that are embodied in the LOSC.
Topic:
International Law, Territorial Disputes, Fishing, and Jurisdiction
Political Geography:
Global Focus

20. The Trajectory of International Relations Dissertations in Turkish Academia Between 2000 and 2020

Author:
Özge Özkoç and Çağlayan. Pınar
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
All Azimuth: A Journal of Foreign Policy and Peace
Institution:
Center for Foreign Policy and Peace Research
Abstract:
Dissertations are among the most important elements of academic production, along with scientific research articles and books. They not only reveal an academic’s field of research, but also provide clues as to what research methods and tools scholars will employ in postdoctoral studies. Moreover, and crucial to this paper, they are important indicators of the trajectory of research fields, as well as their general roles in the academic world. This study aims to reveal general trends/indicators in Turkish International Relations (hereafter IR) dissertations through an analysis of IR dissertations written in various Turkish universities between 2000 and 2020. There is a rather widespread claim among IR academics in Turkey that this particular community largely contributes to the Western-oriented discipline of IR as local or regional experts, dealing mainly with Turkish foreign policy and regional problems rather than with theoretical concerns in IR. A further aim of this study is to test whether this claim remains valid with the analysis of recent IR dissertations produced in Turkish universities.
Topic:
International Relations, Diplomacy, International Law, Academia, and Dissertations
Political Geography:
Turkey and Middle East