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

31. 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

32. Toxic Ticking Time-Bomb in the Baltic Sea and Threats to Poland’s Security

Author:
Rafał Willa and Agnieszka Szpak
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The authors examine the threats from hazardous toxic materials from World War II wrecks sunk in the Baltic Sea and their cargo of chemical ammunition, indicate Poland’s reaction to this situation, and map out Polish obligations in this regard. This problem gives rise to multiple uncertainties about the exact nature of threats to environmental/ecological security, marine security, human security (including health security), economic security and food safety. The authors also elaborate on legal regulations relevant in this context. The research methods include formal-institutional analysis of relevant legal documents and discourse analysis. The main conclusions are: 1. toxic materials in the Baltic Sea threaten ecological, economic, human and security; 2. food safety in all Baltic states might be endangered; Poland should accede to the Nairobi Wreck Removal Convention; and Poland should cooperate regionally to resolve the problem of the Baltic chemical waste.
Topic:
International Law, Chemical Weapons, and Shipwreck
Political Geography:
Europe, Poland, and Baltic Sea

33. Interview with Lex Takkenberg

Author:
Elom Tettey-Tamaklo
Publication Date:
03-2023
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
Lex Takkenberg is currently a Senior Advisor with Arab Renaissance for Democracy and Development (ARDD) and a non-resident Professor at the Institute of International Humanitarian Affairs, Fordham University. He worked with UNRWA, the UN agency for Palestinian refugees, from 1989 until late 2019, most recently as the first Chief of its Ethics Office. Prior to that, Lex held a range of other positions with UNRWA, including as General Counsel, (agency-wide) Director of Operations, and (Deputy) Field Director in Gaza and Syria. A law graduate from the University of Amsterdam, Lex obtained a Doctorate in International Law from the University of Nijmegen, the Netherlands, after having successfully defended my doctoral dissertation entitled The Status of Palestinian Refugees in International Law. When the Russo-Ukrainian war broke out in February 2022, the world was horrified as we watched, in real-time, Russia violate international legal instruments[i] and invade Ukrainian sovereign territory. As Russian armored vehicles rolled into Ukraine, and cities were shelled, Russia initiated a war that has left thousands dead and hundreds of thousands more displaced.[ii] In the midst of such horror, humanity showed the best of itself as allied countries, international relief organizations, NGOs, and individuals quickly responded to the crisis by providing asylum for the ballooning number of refugees the war had created. Under the 1951 Refugee Convention,[iii] refugees everywhere are guaranteed rights and protections, which include the right of non-refoulment, the right not to be punished for entering into another territory legally, and the basic rights to education, housing, and public relief, amongst others, which to a large extent has been upheld for Ukrainian refugees, including the provision of temporary protection status[iv] across the European Union. Whilst the herculean efforts at ameliorating the Ukrainian refugee crisis and providing aid to the displaced are laudable, it raises the question about the status of other refugee situations globally. The ongoing Palestinian refugee question is the most protracted refugee situation in modern history and, as such, deserving of attention. In this interview, I speak to Lex Takkenberg – the first Chief of Ethics for UNRWA and the leading expert on international law, and the question of Palestine about the current status of Palestinian refugees.
Topic:
International Law, Refugees, Crisis Management, Interview, and Russia-Ukraine War
Political Geography:
Middle East, Israel, and Palestine

34. 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