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1751. Dynamic Belt and Road Initiative and the Global South’s Approach to Sustainability

Author:
Dan Yao and Mingzhe Zhu
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
When discussing China’s Belt and Road Initiative (BRI), mainstream scholarship adopts the narrative of grand strategy, which assumes the existence of a predetermined and top-down plan as well as China’s determination to implement it according to its interests and vision. This article, with its focus on sustainability, challenges this narrative and draws attention to the indeterminate features of the BRI. It proposes an alternative interpretation that considers the BRI as a dynamic field that facilitates the emergence of the Global South’s approach to international law. It argues that the countries of the Global South can be regrouped as a symbolic region by their proximity in the global distribution of economic and environmental goods, with its identity defined by common history with international law, and necessary solidarity in the pursuit of the cause of liberation. This article then compares the BRI with the previous projects of the Global South and identifies a vagueness of commitment, lack of coordination mechanism, and flexibility as their key features. Further substantialized by two case studies, it contends that the formulation of rules is determined by strategic interactions between States and different non-State actors in a given location according to local realities.
Topic:
International Law, Belt and Road Initiative (BRI), and Sustainability
Political Geography:
Global South

1752. Is the International Law Commission Taking Regionalism Seriously (Enough)?

Author:
Janina Barkholdt
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Regionalism poses a challenge to the work of the International Law Commission (ILC). The Commission, entrusted by the United Nations General Assembly (UNGA) with the “progressive development of international law and its codification”, is tasked with identifying and elaborating universally accepted and acceptable rules of international law. The challenge posed by regionalism lies in its ambivalent role precisely in relation to the mandate of the ILC: on the one hand, a significant share of practice in international law is generated at the regional level. Since regional practice thus constitutes a substantial part of State practice, the ILC cannot avoid taking regional practice into account if it is to identify and develop common rules. On the other hand, regionalism often involves claims for special legal treatment based on the affiliation with a region; thus, deviations from precisely those general legal rules which the ILC seeks to codify and develop. The present contribution analyses how the Commission has approached regionalism in its previous work and identifies four approaches. It shows that each of these approaches suffers from shortcomings. At the same time, the current projects on General principles of law (GPL) and Sea-level rise in relation to international law possibly indicate the emergence of a more fruitful fifth approach. Based on this analysis, the present contribution shows that the practice of the ILC evinces two methodological challenges arising from regional plurality –, the challenge of equal regional representation and the challenge of regional exceptionalism, – and makes suggestions as to how to address these in the future.
Topic:
International Law, United Nations, and Regionalism
Political Geography:
Global Focus

1753. Interpretation and Application of the ECHR: Between Universalism and Regionalism

Author:
Mattias Guyomar
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
 e protection of human rights guaranteed by the Council of Europe, in particular through the Convention for the Protection of Human Rights and Fundamental Freedoms and the supervision exercised by the European Court of Human Rights, has a dual dimension: its universal vocation goes hand in hand with the regional nature of its implementation. Tensions between universalism and regionalism play out in a fruitful and productive way.
Topic:
Human Rights, International Law, Regionalism, Universalism, and European Court of Human Rights (ECtHR)
Political Geography:
Europe

1754. Military Intervention on Request in Jus Ad Bellum and Jus In Bello and the question of recognition of governments

Author:
Chiari Redealli
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Over the past decades, foreign interventions in internal conflicts upon the request of host governments have turned into a common practice. These instances have proved to be particularly challenging both from a jus ad bellum and a jus in bello point of view. On the one hand, it is often unclear whether the intervention is lawful; on the other hand, the classification of these armed conflicts is equally problematic. In both cases, the key to answer these questions is the identification of the organ capable of speaking on behalf of the state: who is the government? Considering the pivotal relevance of the identification of the government both in jus ad bellum and jus in bello, it is crucial to determine the criteria for identifying the authority capable of issuing a valid invitation. This article seeks to clarify these criteria. Ultimately, it will demonstrate that jus ad bellum and jus in bello reach different conclusions on the matter and it will argue that this should not be the case.
Topic:
International Law, Humanitarian Intervention, Military Intervention, Conflict, and International Humanitarian Law (IHL)
Political Geography:
Global Focus

1755. Missed Communications and Miscommunications: International Courts, the Fragmentation of International Law and Judicial Dialogue

Author:
Francis Maxwell
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The increase in the number of international judicial bodies has led to different international courts deciding similar issues of international law. There is the real possibility that these international judicial bodies, not subject to the supervision of a common appeal court, may rule differently on similar questions before them. While this fragmentation of decision-making may undermine the coherency and certainty of the international legal system, it may in some cases be in the interests of the international community, including where divergences in decision-making are the result of specialized regimes or where there is progressive development of the law. So that fragmentation is limited to what is beneficial and necessary for the international community, it is essential that international judicial bodies are in open and structured dialogue with one another. This analysis considers three scenarios of overlapping decision-making, over the course of the lives of two sets of international courts: the International Court of Justice, and the international criminal courts and tribunals. It also considers the recent decision of the International Criminal Court with respect to Palestine and the Court’s refusal to weigh in on questions of general international law, in apparent departure from the previous three examples. It is submitted that these examples demonstrate that insufficient attention is given by these international judicial bodies to the issue of judicial dialogue and its importance. This may undermine the legitimacy of the system and introduce the risks of fragmentation without its benefits.
Topic:
International Law, International Court of Justice (ICJ), International Criminal Court (ICC), Dialogue, Fragmentation, and Customary International Law
Political Geography:
Global Focus

1756. Of Dark Clouds and  eir Silver Linings: Crisis as Opportunity in the Economic and Social Rigths Jurisprundence of the European Court of Human Rights

Author:
Caroline Omari Lichuma
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
We live in a world in crisis. These crises are experienced globally, regionally, by individual States and mostly by individuals themselves. Despite our differences, we are all united by crisis. However, adopting a regional outlook, this paper focuses on Europe, which, like much of the rest of the world, has in recent times been buffeted by multiple crises ranging from the financial and economic crisis that begun in 2008, to the climate change crisis, to the migrant and refugee crisis, to the Brexit crisis, to the COVID-19 pandemic that has rocked the entire globe. In times of crisis, it is commonplace to turn to legal and institutional frameworks in the hopes of finding some reprieve. Within Europe, one such institution is the European Court of Human Rights (ECtHR). This Court, also known as the Strasbourg court, was established in 1959 under Article 19 of the European Convention on Human Rights (ECHR). Despite its primarily Civil and Political Rights (CPRs) mandate, the ECtHR has in numerous cases proven to be fertile ground for planting the seeds of Economic and Social Rights (ESRs) protection, which is/was inevitable, given the widely accepted indivisible, interdependent and interrelated nature of all human rights, whether CPRs or ESRs. The ECtHR explicates that “the Convention is a living instrument which […] must be interpreted in the light of present-day conditions.” In the present day conditions of numerous crises that have only exacerbated the already precarious conditions of numerous vulnerable rightsholders in the family of European States, the question then becomes what jurisprudential trends, prospects and pitfalls exist for the ECtHR in its dynamic interpretation of the ECHR to include ESRs. In seeking answers to this question, this paper analyzes the ESRs jurisprudence of the ECtHR with the intention of illuminating how the Court has, and ought to utilize its institutional role as an enforcer of human rights in general and ESRs in particular in the quest to mitigate the effects on rightsholders, of the crises being experienced within Europe. At the heart of this inquiry lies the assertion that in line with the ECtHR’s ESRs jurisprudence thus far, which evinces a willingness on the part of the Court to vindicate ESRs in order to bring these rights to life for the vulnerable rightsholders who need them the most, the myriad crises currently plaguing Europe continue to create opportunities for the ECtHR to craft a principled and consistent ESRs jurisprudence while simultaneously respecting the margin of appreciation enjoyed by the respective European States. This paper does not analyze State responses under Article 15 of the ECHR, which specifically allows the High Contracting Parties to derogate from their obligations under the Convention in times of war or other public emergency threatening the life of the nation. Rather, the analysis will be restricted to the ESRs jurisprudence of the ECtHR in times of the specific crises outlined below and where the States in question have not made an Article 15 derogation. The paper will proceed in three parts. Part A will give a brief overview of how the ECtHR has vindicated ESRs through its interpretation of the primarily CPRs found in the ECHR. Part B will thereafter briefly analyze three specific crises that have shaped the more recent ESRs jurisprudence of the Court: the financial and economic crisis, the migrant and refugee crisis and the COVID-19 pandemic. Finally, Part C will offer some tentative recommendations on the way forward, arguing that while some progress has been made by the ECtHR in centering ESRs as a very necessary part of its response to contemporary European and global crises, the battle is far from won.
Topic:
Crisis Management, Economic Rights, European Court of Human Rights (ECtHR), Jurisprudence, and Social Rights
Political Geography:
Europe

1757. Divergencias chino-estadounidenses y reconfiguración de la política exterior latinoamericana. Introducción al número especial

Author:
Pablo Biderbost and Guillermo Boscán Carrasquero
Publication Date:
10-2022
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
Este número especial de la Revista UNISCI se centra en la rivalidad creciente entre Estados Unidos y China en el contexto latinoamericano. Pretende ofrecer una visión comprehensiva del papel de estas potencias en la región y la adaptación que han debido realizar, en el contexto de su política exterior, los estados latinoamericanos. A tales efectos, se analizan dimensiones tanto vinculadas a la seguridad como a las relaciones comerciales entre estas naciones y los, en la actualidad, dos estados dominantes del escenario geopolítico internacional.
Topic:
Security, Foreign Policy, Trade, and Competition
Political Geography:
China, Latin America, and United States of America

1758. CTC Sentinel: November/December 2022 Issue

Author:
Bruce Hoffman, Jacob Ware, Paul Cruickshank, Wassim Nasr, and Samira Gaid
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
CTC Sentinel
Institution:
The Combating Terrorism Center at West Point
Abstract:
In December 2007, the Combating Terrorism Center at West Point launched a new monthly publication with the aim of drawing on the “Center’s network of scholars and practitioners dedicated to the study of terrorism and counter-terrorism to provide the most well-informed forum” for the analysis of the most pressing security challenges facing the United States and its allies. This issue marks the 15th anniversary of CTC Sentinel. It has been my great privilege to serve as editor in chief for exactly half that period. We hope the publication has helped contribute to greater understanding of the complex and continuously evolving counterterrorism problem set. My predecessor, Erich Marquardt, deserves special credit for the years he spent building CTC Sentinel into a powerhouse of scholarly research. I’d like to also acknowledge the extraordinary contribution of our managing editor, Kristina Hummel, and the wise counsel of our editorial board members: Colonel Suzanne Nielsen, Brian Dodwell, Don Rassler, and Colonel Sean Morrow. The huge time and energy invested in CTC Sentinel by our leadership and faculty over the past 15 years has helped drive us forward in our mission of relentless improvement. Our choice of cover for this anniversary issue reflects our immense gratitude to our many contributors over the years whose insights and scholarship have been essential to the counterterrorism mission. In this month’s feature article, Bruce Hoffman (whose insights were featured in the inaugural issue of CTC Sentinel) and Jacob Ware examine the terrorist trends and threats to watch out for in 2023 and beyond. Our interview is with Harun Maruf, the longest-serving editor of VOA Somali, the Somali-language service of the U.S. government-funded broadcast service Voice of America. Samira Gaid argues that “recent military breakthroughs against al-Shabaab have provided Somalis with an historic opportunity to now do what is necessary to bring lasting security to the country” but that making enduring gains will require learning lessons from previous failures. Wassim Nasr outlines how the Wagner Group is aggravating the jihadi threat in Mali, creating the risk of further destabilization in the Sahel region.
Topic:
Counter-terrorism, Jihad, Al Shabaab, and Wagner Group
Political Geography:
Africa, Somalia, and Sahel

1759. Does GNH Determine Contextual QoL? A Case of Thimphu Urban

Author:
Gonpo Tenzin
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Journal of Bhutan Studies
Institution:
Centre for Bhutan & GNH Studies (CBS)
Abstract:
The empirical assessment of happiness or life satisfaction is emerging as a key research area across the world. Studies in this area, however, are pursued mostly by determining generalized Quality of Life (QoL) and fails to reflect contextual and place-based QoL. This study aims to fill this gap by examining how placed-based attributes could determine QoL by taking the case of Thimphu, the capital city of Bhutan. Subsuming the attributes of Gross National Happiness (GNH) the study determines QoL of Thimphu for the first time. The study applies empirical QoL model and employs both qualitative and quantitative approach, and it also considers wide range of literature reviews. The findings reveal that both GNH and most QoL cases are multidimensional in approach and bears high correlation between the attributes. There is inherent commonness and similar patterns between the two. Converging the findings from recent GNH survey 2015 and this QoL assessment, the analysis demonstrated that there is correlation close to R2 = 0.91 and the line of best fit at y=01236x+1.7333. The significance of the findings confirm that the QoL mechanism would be efficient, effective and realistic if it is place-based and contextual in approach, but not undermining dynamism in change around. The findings of the QoL assessment also recommends set of significant propositions to address the dispossession of QoL. The policy review, program alignment and innovative infrastructural integration in education, psychology and community vitality domains of QoL are underscored as main recommendations from the study.
Topic:
Quality of Life, Well-Being, Life Satisfaction, and Gross National Happiness (GNH)
Political Geography:
South Asia and Bhutan

1760. Determinants of Cottage and Small Industries Growth in Thimphu Thromde

Author:
Tashi Norbu, Tendri Gyeltshen, and Phuntsho Drukpa
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Journal of Bhutan Studies
Institution:
Centre for Bhutan & GNH Studies (CBS)
Abstract:
The main purpose of this study was to investigate the determinants of the growth of Cottage and Small Industry (CSI) under Thimphu Thromde. We adopted a cross-sectional study design where samples were drawn using proportionate stratified random sampling technique. The analysis is based on the 102 CSI owners who responded to the online survey. Descriptive analysis shows that CSI sector in Thimphu Thromde is growing both in terms of employment generation and capital accumulation. Furthermore, multiple linear regression (MLR) test indicates that management know-how, technology, support CSIs get, and marital status are statistically significant with capital growth while access to finance, government rules and regulations and firm age were statistically significant with employment growth.
Topic:
Employment, Economic Growth, Management, Capital, and Small Industries
Political Geography:
South Asia, Bhutan, and Thimphu Thromde

1761. Watching the Words: A Situational Analysis of Selfcensorship in Bhutanese Media

Author:
Sonam Wangdi
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Journal of Bhutan Studies
Institution:
Centre for Bhutan & GNH Studies (CBS)
Abstract:
Self-censorship in journalism is a global phenomenon. Against the rapidly changing media landscape, experts have posed selfcensorship as a severe threat to the future of journalism. Bhutan is no exception. There are no empirical studies conducted in the country on self-censorship in Bhutanese media. Therefore, the paper attempts to examine the perceptions and practices of self-censorship and its characteristics in the media society, especially after the country transitioned to a constitutional democratic monarchy. It also tries to understand the situation for policy interventions to empower the media in fostering a healthy democratic society. For the study, the paper views self-censorship as the act of journalists limiting or ignoring a story or parts of a story for various reasons and not limited to external threats or the fear of negative repercussions. Sixty-one journalists, including freelancers, were interviewed online during the study. Based on their accounts, there is a common consensus that selfcensorship is an issue in Bhutan. But it is not a result of an oppressive media environment as journalists generally enjoy professional freedom in covering various topics. Instead, it is exercised more like a coping mechanism to professional demands and consequences such as protecting sources and avoiding prosecutions. Moreover, journalists also self-censor as an ethically guided judgement. At the same time, the results suggest that agencies concerned could reduce the instances of self-censorship in the Bhutanese media fraternity through specific interventions.
Topic:
Democracy, Media, Constitution, Journalism, Monarchy, Censorship, and Freedom
Political Geography:
South Asia and Bhutan

1762. Horizontal inequalities and multi-sectarian societies: a study about the perception by Syrian refugees in Brazil of the socioeconomic situation and groups inequalities in Syria before the 2011 uprising

Author:
Danny Zahreddine
Publication Date:
10-2022
Content Type:
Journal Article
Journal:
Conjuntura Austral: Journal of the Global South
Institution:
Conjuntura Austral: Journal of the Global South
Abstract:
After the beginning of the Arab Spring and the conflict in Syria, researchers worldwide are trying to understand the reasons that led to the civil war in that country. Many hypotheses are raised, from the deterioration of socioeconomic conditions, the increasingly harsh political and police repression against the regime's opponents, to the interest of regional powers in changing the Syrian regime. In this article, we decided to explore another dimension of conflict. After applying a questionnaire to a group of Syrian refugees in Brazil, we sought to understand the perception of respondents about the existence or not of horizontal inequality between the Syrian religious groups, in the economic, social, religious, political and cultural spheres. The result sheds light on the important role of the perception of horizontal inequality between groups as an essential source of discontent and frustration, which may have contributed to the breaking of the Syrian state's social-political pact.
Topic:
Refugees, Inequality, Syrian War, and Perception
Political Geography:
Middle East, Brazil, South America, and Syria

1763. Conflict Trends Special Edition 2022: Full Issue

Author:
Vasu Gounden
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This publication focuses on analysing and reporting on trends in current and emerging conflicts and their resolution on the African continent.
Topic:
Women, Conflict, Negotiation, African Union, Peacebuilding, and Peace Process
Political Geography:
Africa, Liberia, and Burundi