Topic: International Law / Content Type: Journal Article

1. 30 years of the Advisory Opinion on the Legality of Nuclear Weapons: eppur si muove

Author:: Lucas Carlos Lima
Publication Date:: 04-2025
Content Type:: Journal Article
Journal:: Revista Brasileira de Política Internacional (RBPI)
Institution:: Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:: The 1996 Advisory Opinion of the International Court of Justice (ICJ) on the Legality of the Threat or Use of Nuclear Weapons remains a pivotal reference in international law and disarmament debates. While the Opinion did not categorically prohibit nuclear weapons, its reasoning has been widely cited in legal and diplomatic arenas. This study examines the Opinion’s long-term influence through three key elements: its incorporation into state practice, its role in international litigation, and its impact on the 2017 Treaty on the Prohibition of Nuclear Weapons. Employing a methodology centered on primary sources, this research evaluates the Opinion’s relevance in shaping international legal norms and assesses whether it still accurately reflects the state of international law on nuclear disarmament.
Topic:: International Law, Nuclear Weapons, Disarmament, and International Court of Justice (ICJ)
Political Geography:: Global Focus

2. A Pacifism for Our Times

Author:: Antonio Patriota
Publication Date:: 03-2025
Content Type:: Journal Article
Journal:: Cairo Review of Global Affairs
Institution:: School of Global Affairs and Public Policy, American University in Cairo
Abstract:: Growing trends of unilateralism are encouraging violence and threatening a systemic breakdown of international law and order. Change must come, and soon
Topic:: International Law, Violence, International Order, and Unilateralism
Political Geography:: Global Focus

3. Arbitral Jurisdiction in Crimea Investment Disputes: Connecting the Dots

Author:: Petro Halimurka
Publication Date:: 07-2025
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law (GoJIL)
Institution:: The Goettingen Journal of International Law (GoJIL)
Abstract:: Under normal circumstances, bilateral investment treaties (BIT) are designed to promote the mutual enhancement of investment climate and to guarantee that foreign investors are treated no worse than investors of host and third States. In many respects, maintaining such relations is believed to reflect economic globalization and the increasingly widespread acceptance of such legal standards as non-discrimination and of striking a balance between national and private foreign interests. Practice shows, however, that the equilibrium of an investment treaty regime can sometimes be disturbed by a chain of actions governed by a field of law with a purpose of a completely different nature, such as the law of armed conflict. Such an interaction can be observed in relations between Russia and certain Ukrainian investors. Following the annexation of Crimea by the Russian Federation, a number of investors, some of whose assets were based in Crimea, commenced investment arbitration proceedings in an attempt to recover some of their rights and interests. This article examines the jurisdictional practice of these arbitral tribunals, along with a critical analysis of the relevant provisions of the Ukraine-Russia BIT, as well as other norms of international law operative in relations developed.
Topic:: International Law, Investment, Arbitration, Jurisdiction, and Bilateral Investment Treaties (BIT)
Political Geography:: Russia, Europe, Ukraine, and Crimea

4. Thomas Buergenthal and the Americas: A Comprehensive Contribution to Human Rights Protection

Author:: Kai Ambos
Publication Date:: 01-2025
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law (GoJIL)
Institution:: The Goettingen Journal of International Law (GoJIL)
Abstract:: While Thomas Buergenthal’s contribution to the field of human rights is certainly of global importance, it had a particular impact in the Americas, especially during the crucial initial phase of the Inter-American Human Rights System (IAHRS) with the Court as its core institution on which Buergenthal served as one of the first group of judges from 1979 to 1991. In a nutshell, Buergenthal’s contribution may be characterized as a comprehensive and decisive effort to the regional protection of human rights in a threefold way: prudent proactivity (A.), active promotion and optimization (B.), interaction and critical follow-up (C.). At the same time, Buergenthal pursued a strategic-progressive approach which offers valuable lessons for the protection of human rights going well beyond the Americas. Buergenthal’s contribution to human rights and to international law in general cannot be overestimated. His principled and at the same time prudent strategic approach will be greatly missed, especially in our challenging times where international law is under attack at various fronts.
Topic:: Human Rights, International Law, Protection, and Thomas Buergenthal
Political Geography:: South America, Central America, and Americas

5. Artificial Intelligence and Human Rights: Towards an Advanced International Binding Regulation?

Author:: Takis Vidalis
Publication Date:: 07-2025
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law (GoJIL)
Institution:: The Goettingen Journal of International Law (GoJIL)
Abstract:: With the rapid development of AI applications in the most important areas of economic, political and social life, the regime for the protection of fundamental rights has been significantly affected. This reality gives rise to initiatives for new legislation at international, supranational and national level. At the level of international law in particular, this legislation currently focuses on the formulation of general principles and guidelines. What is lacking is more specific regulation in situations where the introduction of AI causes uncertainty as to the protection of specific rights, particularly where conflicts arise between them. This article attempts to formulate proposals for such a more specific regulation, based on widely acknowledged principles of international law. Given that technological development and its impact on today’s societies know no national limitations, the adoption of this ‘next step’ in international law may well determine the smooth adaptation of AI to the values of democratic societies.
Topic:: Human Rights, International Law, Regulation, and Artificial Intelligence
Political Geography:: Global Focus

6. The Montreux Convention and its Importance for International Peace and Security

Author:: Ioannis Antonopoulos
Publication Date:: 01-2025
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law (GoJIL)
Institution:: The Goettingen Journal of International Law (GoJIL)
Abstract:: Since its conclusion, the Montreux Convention regarding the regime of the Straits (1936) constitutes an important pillar of the international order. This may be proven by many historical events from the 20th century until today: From the application of the Convention in WWII to its recent invocation in the ongoing Ukrainian conflict. The Convention’s significance derives from its subject-matter, the freedom of transit through the Dardanelles/Turkish Straits in regard to the warships and aircraft in time of peace and in time of war. This is a legal analysis of the Montreux Convention under the scope of International Law providing a brief look at the historical background of events that have led to the signature of the Convention, an extensive presentation of the legal framework of its provisions regarding passage of warships and overflight of aircraft, as well as, some thoughts on its importance for the international peace and security.
Topic:: Security, International Law, History, Peace, International Order, and Montreux Convention
Political Geography:: Europe

7. Ocean Rights – Challenges and Prospects

Author:: Jasper Mührel
Publication Date:: 07-2025
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law (GoJIL)
Institution:: The Goettingen Journal of International Law (GoJIL)
Abstract:: The pressing environmental crises of the Anthropocene are inherently connected to ocean health. Yet, the oceans are currently in a critical state. The article explores the idea of giving rights to oceans as one way to enhance their legal protection. It draws on scholarship and practice regarding the existing legal rights of nature, and discusses the challenges and prospects of ocean rights. In doing so, the article raises and addresses three fundamental questions for the recognition of such rights: first, why oceans should hold their own rights in the first place; second, who, i.e. what exact entity or entities, shall hold ocean rights; and finally, how such rights could be implemented and represented and thus be given practical effect.
Topic:: Climate Change, Environment, International Law, Oceans and Seas, Anthropocene, and Rights
Political Geography:: Global Focus

8. Freedom and Personal Autonomy as the Foundation of Private International Law and the Cornerstone of Individual Rights in the AI Era

Author:: Antoni Abat i Ninet
Publication Date:: 04-2025
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: An examination of private international law manuals and relevant legislation demonstrates that the autonomy of the will constitutes a fundamental epistemological principle underpinning the field. However, this freedom is neither absolute nor unbounded. The binding force of pacta sunt servanda, the limitations imposed by public law, the operation of mandatory rules (lois de police), the demands of public policy (ordre public), and the necessity of protecting weaker parties all constrain its exercise. In contemporary private international law, the principle has evolved into a pervasive and dynamic norm, deeply embedded in legal practice while continuously adapting to new challenges. In the emerging era of artificial intelligence, the autonomy of the will must be reaffirmed as a cornerstone of individual rights, ensuring the preservation of personal freedom amidst technological transformations.
Topic:: International Law, European Union, Artificial Intelligence, Autonomy, Freedom, Immanuel Kant, and Individual Rights
Political Geography:: Europe

9. The Advisory Function of the International Court of Justice: Are States Resorting to Advisory Proceedings as a “Soft” Litigation Strategy?

Author:: Myrto Stavridi
Publication Date:: 04-2024
Content Type:: Journal Article
Journal:: Journal of Public and International Affairs (JPIA)
Institution:: School of Public and International Affairs (SPIA), Princeton University
Abstract:: In the last decades, there has been an increase in advisory opinions of the International Court of Justice (ICJ) that relate to vital political interests directly affecting the sovereignty of states. Even though advisory opinions are not binding and do not require the consent of the states involved, advisory proceedings have been increasingly and strategically used by states and international actors as contentious proceedings in disguise. Exploring the history of the advisory function of the ICJ and its predecessor, this article argues that advisory proceedings constitute a “soft” litigation strategy and a particularly useful tool for small states or non-state entities, as it has the potential to counterbalance the inherent power disparities in the process of international bargaining by adding the authoritative voice of the ICJ to the debate. This paper connects this development to a modern tendency of states to judicialize international affairs.
Topic:: International Law, Sovereignty, International Affairs, International Court of Justice (ICJ), and Advisory Opinions
Political Geography:: Global Focus

10. Is There Hope for Gaza Under International Law?

Author:: Abigail Flynn
Publication Date:: 01-2024
Content Type:: Journal Article
Journal:: Cairo Review of Global Affairs
Institution:: School of Global Affairs and Public Policy, American University in Cairo
Abstract:: Why has international law failed to hold Israel responsible for its destruction of Gaza? It was built to enable the colonizer, not to protect the colonized, explains legal expert Jason Beckett.
Topic:: Genocide, International Law, United Nations, International Court of Justice (ICJ), Israeli–Palestinian Conflict, and 2023 Gaza War
Political Geography:: Middle East, Israel, Palestine, and Gaza

11. Genocide on the Docket at the Hague

Author:: Omar Auf
Publication Date:: 01-2024
Content Type:: Journal Article
Journal:: Cairo Review of Global Affairs
Institution:: School of Global Affairs and Public Policy, American University in Cairo
Abstract:: International law is a tool for both oppression and emancipation, says AUC law professor Thomas Skouteris in this Q&A as he breaks down the intricacies of the ICJ’s January 26 order for provisional measures in South Africa v. Israel, and elucidates the present and future of international law.
Topic:: Genocide, International Law, International Court of Justice (ICJ), and 2023 Gaza War
Political Geography:: Israel, South Africa, Palestine, Gaza, and The Hague

12. Resistance and Change in Form and Content of International Law: A Third World Perspective on Commodity Form Theory of International Law

Author:: Muhammad Azeem
Publication Date:: 06-2024
Content Type:: Journal Article
Journal:: Uluslararasi Iliskiler
Institution:: International Relations Council of Turkey (UİK-IRCT)
Abstract:: Can Marxists, especially in the Third World, use international law for progressive social change? Responding to the Soviet Union's context and its jurisprudential challenges in constructing socialism, Pashukanis's seminal work on commodity form theory is nihilistic, assuming the very nature of form of international law as bourgeois with limited possibilities of radical change as its new content. European Marxism, on the other hand, in its context of revolutionary defeat and consequent postmodernist pessimism of cultural Marxism, either relies on Pashukanis's nihilistic position or a pragmatist and realist posture, insisting on staying within the law's bourgeois form and being content with social democracy. As opposed to this, Third World Approaches to International Law (TWAIL) scholars, while exploring the imperialist nature of international law and representing one variant of Third World Marxism, have been more optimistic, wanting to use international law to restrain and shield against powerful Western states, i.e., they believe that the content of Third World resistance can change the form of international law. This article deconstructs this class “content” of international law in the understanding of TWAIL and shows the postcolonial Third World states, and even in the yet to be independent states, were dominated by their dependent local elite, which had compromised by the ex-colonizers and had started blocking radical structural changes in Third World. Soon, the target of imperialism and the Third World elite became radical movements in the Third World, and this struggle of the marginalized shaped international law. Therefore, relying on the radical tradition of Third World Marxism and taking the right of self-determination as an example, this article argues that both the content and form of international law were simultaneously used, subverted, and changed in a dialectical and dynamic way by the resistance of the people of the Third World.
Topic:: International Relations, International Law, Socialism/Marxism, Resistance, Self-Determination, Third World Marxism, Western Marxism, and Soviet Official Marxism
Political Geography:: Global Focus

13. Karabakh and Azerbaijani Statecraf

Author:: Michael M. Gunter
Publication Date:: 01-2024
Content Type:: Journal Article
Journal:: Baku Dialogues
Institution:: ADA University
Abstract:: This brief article seeks to make two important and related points. The first is that the international law principles of sovereignty and territorial integrity hold that Karabakh belongs to Azerbaijan, despite misleading arguments to the contrary about supposed Armenian rights of self-determination. The second provides a partial assessment of Heydar Aliyev’s legacy and how it relates to some of the policies pursued by his successor, Ilham Aliyev. Each will be examined in turn.
Topic:: International Law, Sovereignty, Territorial Disputes, and Self-Determination
Political Geography:: Armenia, Azerbaijan, South Caucasus, and Nagorno-Karabakh

14. Examining the Gap Between EU Fundamental Values in Theory and Practice: A Case Study of Macedonia’s Journey Toward EU Accession

Author:: Larisa Vasileska
Publication Date:: 04-2024
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The objective of this paper is to assess the gap between the EU’s commitment to its values and the fairness of its accession process, in particular the Macedonian journey to the EU, which is not only contradictory to the EU’s core values but also contradictory to the principle of equal rights and self-determination. For this purpose, the methodology consists of conducting qualitative analysis based on two bilateral agreements and analyzing the evolution of EU requirements and their implications. The paper argues that rather than enforcing the Copenhagen criteria and making the country’s pre-accession progress contingent on the strengthening of the rule of law, the EU has expended enormous effort in what was essentially a political bilateral dispute between states, with the resolution of the dispute to be replaced as a pre-accession criterion. The paper concludes that the EU should return to its fundamental values and prioritize merit-based criteria in the enlargement process, not a politically based decision.
Topic:: International Law, Bilateral Relations, European Union, Rule of Law, Values, Disputes, and Enlargement
Political Geography:: Europe and Macedonia

15. The Challenges of Normalizing Relations Between Belgrade and Pristina: Implications of the “Agreement on the Path to Normalization”

Author:: Mihajlo Vucic and Dragan Djukanovic
Publication Date:: 04-2024
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The article analyzes the process of normalizing relations between Belgrade and Pristina after adopting the Agreement on the Path to Normalization. The analytical framework of neorealism was used to explain that the normalization process was accelerated due to the war crisis in Eastern Europe. The international legal aspects of the agreement were scrutinized, based on the method of content analysis and comparative studies, to argue that the agreement is a legally binding treaty between two sides that respect each other’s international legal personality. The authors concluded that the European Union and the United States attempted to create new momentum in the decade-long and rather unsuccessful process by adopting the Agreement and the Annex on implementation. Thus, these documents were put in the context of relations between Belgrade and Pristina and broader European and regional levels of complex relations. In addition, the analysis concluded that the documents serve as new impulses in normalization as a continuous legal formalization of relations between the two sides based on international legal rules.
Topic:: International Law, Bilateral Relations, European Union, and Normalization
Political Geography:: Europe, Kosovo, Serbia, and Balkans

16. When the Exception Overtakes the Rule: COVID-19, Security Exemption Clauses, and International Investment Agreements

Author:: Kayla Maria Rolland
Publication Date:: 02-2024
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: In the trade and investment law regimes built in the post-war period, “security exemption clauses” were included within trade and investment agreements as a safety valve, permitting States to deviate from their commitments in the event that their security interests were implicated. Initially, these clauses were understood to be narrowly limited to instances of war and interstate conflict. With the rise of the national security state in the decades since, however, the concept of security interests has ballooned to encompass an ever-growing set of issues, with some fearing that the rules may become irrelevant. This has been particularly facilitated through “third generation” security exemption clauses and their inclusion of self-judging language. The COVID-19 pandemic in particular adds a new dimension to this phenomenon. As a case study analysis of the text of the Chile-Hong Kong, China SAR bilateral investment treaty (BIT) will demonstrate, it may be feasible for States to invoke security exemption clauses to justify measures taken in response to the COVID-19 pandemic in some contexts, particularly with third generation, self-judging security exemption clauses. The expanding notions of security exemption clauses have significant implications for the investor-State dispute system as a whole.
Topic:: Security, International Law, International Trade and Finance, Treaties and Agreements, COVID-19, and International Investment Agreements
Political Geography:: China and Global Focus

17. A Right to Come Within State Jurisdiction Under Non-Refoulement? Interpreting Article 1 of the European Convention on Human Rights in Good Faith Within the Context of Extraterritorial Migration Control

Author:: Laura Goller
Publication Date:: 02-2024
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: Externalizing borders for the purpose of shifting and avoiding responsibilities under human rights law is not a new phenomenon in the context of migration control. In the Mediterranean, European States have increasingly sought new measures of extraterritorial migration control to avoid being held responsible under cornerstones of international refugee law such as non-refoulement. In the precedent Hirsi Jamaa and Others v. Italy, the European Court of Human Rights (ECtHR) established that the exercise of effective control over persons on the high seas amounts to the exercise of jurisdiction within the meaning of Art. 1 of the European Convention on Human Rights (ECHR). As a result, European States began to find new ways of controlling their borders. The focus on physically controlled ‘push-backs’ shifted to administratively controlled ‘pull-backs’. Cooperation with third States by equipping and training their coast guards has become a way for European States to avoid any direct contact with migrants, thereby avoiding triggering jurisdiction as defined by the current case law of the ECtHR. This paper focuses, first, on how ECtHR jurisprudence responds to new forms of extraterritorial migration control and, second, on how this concept of jurisdiction relates to the obligation of States to fulfill their international obligations in good faith. How can the object and purpose of an obligation be undermined if that obligation does not apply in the first place? While the realization of Hannah Arendt’s concept of ‘the right to have rights’ seems to depend in practice on the geographical location of the individual, this paper addresses the question of whether there might be a right to come within the jurisdiction of a State, in the sense of gaining access to a legal system, applying a good faith reading to non-refoulement.
Topic:: International Law, Migration, Borders, Jurisdiction, Non-refoulement, European Court of Human Rights (ECtHR), and European Convention on Human Rights (ECHR)
Political Geography:: Europe

18. Containing the Containment: Using Art. 16 ASR to Overcome Accountability Gaps in Delegated Migration Control

Author:: Almut Möller
Publication Date:: 02-2024
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: When the European Court of Human Rights found Italy responsible for push-backs on the high seas in Hirsi Jamaa based on Italy’s effective control over the individuals, it simultaneously solidified the concept of jurisdiction as a prerequisite of human rights obligations and provided States with deeper knowledge on how to avoid responsibility. Since then, instead of pushing the migrants back themselves, destination States increasingly delegate the task of migration control to third States. Under the guise of “capacity building”, they fund, train, and equip third States to exercise containment measures and carry out pull-backs. By way of bilateral agreements, destination States remain in control of the migration flow while avoiding any direct contact with the migrants that would trigger their human rights obligations. One example for this is the Italian-Libyan cooperation under the 2017 Memorandum of Understanding, which was renewed in 2020. Migrants intercepted by Libya are systematically detained in prisons under horrific conditions, which is in clear violation of their human rights. The present article explores ways to allocate responsibility on destination States for their involvement in those human rights violations notwithstanding the lack of jurisdiction. In particular, the article deals with the question whether the general international law of State responsibility is applicable alongside international human rights law. Responsibility for complicity, as lined out in Art. 16 of the Articles on State Responsibility for Internationally Wrongful Acts, is compared to the concept of due diligence obligations in international human rights law, dismissing the claim that the latter poses lex specialis. Subsequently, Art. 16 ASR’s substantive requirements are applied to the case study in order to test the provision’s capability to overcome the accountability gap.
Topic:: Human Rights, International Law, Migration, Accountability, and European Court of Human Rights (ECtHR)
Political Geography:: Europe, Libya, and Italy

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. Balancing the Legitimate Interests of States

Author:: Mazhar Ali Khan
Publication Date:: 05-2024
Content Type:: Journal Article
Journal:: Review of Human Rights
Institution:: Society of Social Science Academics (SSSA)
Abstract:: This study explores the principles of domestic criminal jurisdiction under international law, focusing on universal jurisdiction. It analyzes the contentious nature of universal jurisdiction, particularly its application by international judicial organs post-human rights and international criminal law developments. The research scrutinizes the Rome Statute's provisions, debating whether it implicitly or explicitly endorses universal jurisdiction over non-party state nationals. It also examines the complementarity principle within the Statute, arguing that it safeguards state interests by prioritizing national jurisdiction. The findings affirm universal jurisdiction's recognition under international law and its potential activation under the Rome Statute, while complementarity balances states' interests against the jurisdiction of international courts.
Topic:: International Law, International Criminal Court (ICC), Rome Statute, Jurisdiction, Universal Jurisdiction, and Complementarism
Political Geography:: Global Focus

26. The Frozen Conflict in Western Sahara and the Forgotten Question of Sahrawi

Author:: Marco Marsili
Publication Date:: 05-2024
Content Type:: Journal Article
Journal:: Review of Human Rights
Institution:: Society of Social Science Academics (SSSA)
Abstract:: Western Sahara’s “frozen conflict” is one of the major and forgotten issues that, so far, the international community could not settle. This article aims to shed light on the historical events and the political responsibilities that led to a protracted stalemate over the Sahrawi question. The paper retraces the historical roots of the claims over the disputed territory by the Polisario Front, as the representative of the Sahrawi people, over the disputed territory, and analyzes their foundations under the light of international law.
Topic:: International Law, Post Colonialism, Sovereignty, Independence, and Self-Determination
Political Geography:: Africa and Western Sahara

27. Prioritizing Palestinian Self-Determination is Long Overdue

Author:: Omar Auf
Publication Date:: 10-2024
Content Type:: Journal Article
Journal:: Cairo Review of Global Affairs
Institution:: School of Global Affairs and Public Policy, American University in Cairo
Abstract:: The discussion about a one-state or two-state solution must be preceded by efforts to facilitate exercise of the right to self-determination by the Palestinian people. Only then can a realistic solution be genuinely pursued.
Topic:: International Law, Self-Determination, Palestinians, and Two-State Solution
Political Geography:: Middle East, Israel, and Palestine

28. Schrödinger’s Citizenship: Framing Perspectives for the Resolution of Statelessness

Author:: Bronwen Manby
Publication Date:: 08-2024
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: International law and scholarship lack an agreed vocabulary to refer to the status of people who do not have a recognised citizenship (‘citizenship’ is used here as a synonym for nationality, the term usually used in international law) and yet are also not recognised as stateless. There have been important efforts by the United Nations High Commissioner for Refugees (‘UNHCR’) to clarify and extend the interpretation of the definition of ‘stateless person’. There is, however, a continued lack of settled vocabulary for those who are in ‘stateless-adjacent’ situations, whose status as a national of any particular country or as a stateless person is not (yet) clear. This article considers the use of terminology in two contexts: litigation on behalf of affected people and the collection of statistics about the size of stateless populations. The article emphasises the importance of framing and choice of terminology and proposes a preferred lexicon for use in relation to statelessness, undetermined nationality and risks of statelessness. It puts forward the term ‘presumptive nationality’ to refer to the status of people whose closest connections are to their state of residence but who have no recognised nationality.
Topic:: International Law, Citizenship, Nationality, Litigation, and Statelessness
Political Geography:: Global Focus

29. 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

30. 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

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

35. An Unlikely Duo? Regionalism and Jus Cogens in International Law

Author:: Carlos Lima Lima and Loris Marotti
Publication Date:: 11-2022
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: Recent years have witnessed a renewed interest in peremptory norms of international law (jus cogens) in the international legal discourse.  e ongoing works of the International Law Commission (ILC or Commission) on the topic1 , also prompted by the increasing relevance such norms have gained in the case law of national and international courts, is refreshing the long-standing debate about the scope, nature and content of peremptory norms2 . Against this background, less attention is being paid to the possible relations between jus cogens and regionalism, as well as to the legal and political implications such relations may have in the international realm.
Topic:: International Law, Law, and Regionalism
Political Geography:: Global Focus

36. 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

37. 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

38. 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

39. 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

40. 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

41. International Law and Order Enforcement: Police Assistance Programs and Politics in US-Brazil Relations

Author:: Priscila Villela
Publication Date:: 09-2022
Content Type:: Journal Article
Journal:: Revista Brasileira de Política Internacional (RBPI)
Institution:: Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:: Police Assistance programs have been a permanent part of US foreign policy towards Latin America, with Brazil being one of the most important beneficiaries. Throughout their history, they have been oriented according to changing agendas, from anticommunism to the war on drugs. Based on documentary sources and specialized literature, we analyze the politics of US policing in Brazil, reconstituting agendas and interests that motivated police assistance programs through the lens of critical police studies in IR. In doing so, we demonstrate that police cooperation is historically a crucial part of US-Brazil bilateral relations, despite the unfrequent prominence in the literature.
Topic:: International Cooperation, International Law, Bilateral Relations, and Police
Political Geography:: Brazil, South America, North America, and United States of America

42. Customary International Law Requiring States to Grant Nationality to Stateless Children Born in Their Territory

Author:: William Thomas Worster
Publication Date:: 07-2022
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: In the most recent few years, state practice and opinio juris are increasingly converging to affirm that states must grant nationality to children born in their territory if they would otherwise be stateless. In prior scholarship, this author has argued that there is a customary international law norm requiring states to grant nationality in such cases. Certainly, UNHCR’s #IBelong campaign is a significant part of this development, placing statelessness back on the international agenda, as well as encouraging states to adhere to the statelessness conventions, adopt birth registration and statelessness determination procedures and revise domestic law. Partly due to this campaign, states are increasingly adopting practice and domestic law that provides for nationality from birth for stateless children but are also increasingly stating their opinion that such an approach is desirable, necessary and morally compelling. In fact, it is effectively impossible to identify any state that claims it has the unfettered right to refuse to grant nationality to a stateless child born in its territory. This article will complete a brief survey of recent practice and expressions of opinion, mostly as documented by UNHCR as a part of the #IBelong Campaign to End Statelessness, to confirm that this norm continues to strengthen under customary international law.
Topic:: International Law, Law, Children, Citizenship, and Nationality
Political Geography:: Global Focus

43. Scylla and Charybdis: The Self-Determination of Peoples Versus the Territorial Integrity of States

Author:: A. Kagramanov
Publication Date:: 01-2022
Content Type:: Journal Article
Journal:: International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:: East View Information Services
Abstract:: LIKE Odysseus, who fell into the clutches of Scylla after escaping the whirlpool Charybdis, countries that have escaped the threat of losing territory as a result of foreign invasion are facing the threat of disintegration from within. The ancient epic by the great Homer about the adventures of the hero Odysseus, who finds himself between a rock and a hard place, involuntarily comes to mind when considering the perennial international legal dilemma about the relationship between the principle of the territorial integrity of states and the right of peoples and nations to self-determination. As Yekaterina Narochnitskaya rightly notes, self-determination, like freedom, has “its limits and its paradox.” “Just as unlimited freedom destroys itself, so the right to self-determination, elevated to an absolute, risks depriving everyone and everything of self-determination, the inevitable outcome being a chain reaction of countless conflicting expressions of will leading to a general collapse.”1 Experience shows that the principle of self-determination is subject to double standards and often politically exploited by certain groups to achieve their economic, social, ethnocratic, religious, and other narrow, sometimes purely selfish goals that contradict the original purpose of this vital international legal and (in most cases) constitutional provision. And it is for these untoward purposes that the artificial “collision” of this principle with the principle of territorial integrity is often used.
Topic:: International Law, Law, Self Determination, Conflict, Peace, and Territory
Political Geography:: Global Focus

44. Extradition in the Criminal Procedural Legislation of Ukraine:" Compliance With The European Standards

Author:: Victoriia Rohalska, Oksana Bronevytska, and Gediminas Buciunas
Publication Date:: 02-2022
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.
Topic:: Human Rights, International Cooperation, International Law, European Union, and Extradition
Political Geography:: Europe and Ukraine

45. Radical Islamism: Trajectories of Human Rights Violations and Abuses in Africa

Author:: Peter O.O. Ottuh and Felix O. Erhabor
Publication Date:: 02-2022
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: In Africa, radical and extremist Muslims are striving to transform society through violent change, claiming that African rulers are dictatorial and anti-Islamic; as a result, many African countries are experiencing serious human rights violations and abuses. Therefore, this paper examined radical Islamism and its trajectories of human rights violations and abuses in Africa and proffered workable solutions to the dilemma. To achieve the above aim, the paper employed historical and evaluative methods. The historical method was used to critically review the scholarly literature on radical Islamism and its human rights violations and abuses antecedents in Africa. At the evaluative level, the paper critically discussed the impact of human rights violations and abuses on the African nations and their citizens. The paper revealed that radical Islamism in Africa is driven by bad political leadership, poverty, poor education, unemployment, and religious exclusivism among others. The paper concluded that good governance, economic enhancement, and religious inclusiveness are key tools in discouraging and curbing radical Islamists in African countries.
Topic:: International Law, Violent Extremism, Radicalization, and Human Rights Violations
Political Geography:: Africa

46. Towards Sustainable Peace and Cooperation

Author:: Farid Shafiyev
Publication Date:: 06-2022
Content Type:: Journal Article
Journal:: Caucasus Strategic Perspectives
Institution:: Center of Analysis of International Relations (AIR Center)
Abstract:: The current issue of the Caucasus Strategic Perspectives (CSP) journal entitled “Towards Sustainable Peace and Cooperation” is dedicated to the challenges and opportunities emerging in the South Caucasus region 2 years after the end of the 44-day war between Armenia and Azerbaijan in 2020 with focus on security and political matters.
Topic:: International Relations, Security, Foreign Policy, International Cooperation, International Law, Treaties and Agreements, Peacekeeping, Military Affairs, Conflict, Vladimir Putin, Landmines, and Russia-Ukraine War
Political Geography:: Russia, Turkey, Caucasus, Armenia, and Azerbaijan

47. International Society and Its Institutions in Refugee Protection during the COVID-19 Pandemic: Revisiting the Solidarism/Pluralism Debate in English School

Author:: Nihal Eminoglu, K. Onur Unutulmaz, and M. Gokay Ozerim
Publication Date:: 01-2021
Content Type:: Journal Article
Journal:: Uluslararasi Iliskiler
Institution:: International Relations Council of Turkey (UİK-IRCT)
Abstract:: This study aims at discussing the vulnerability of the Global Refugee Protection Regime (GRPR) during crises by applying the ‘international society’ concept within the English School of International Relations theory to the COVID-19 pandemic. We analyze the efficiency of the international society institutions on GRPR through the policies and practices of states as well as organizations such as the United Nations, European Union and Council of Europe. The GRPR has been selected because the ‘vulnerability’ of this regime has become a matter of academic and political debate as much as the vulnerability of those persons in need of international protection, specifically during times of crisis. Our analysis reveals that GRPR-centric practices and policies by the institutions of international society during the first four months afte
Topic:: Diplomacy, International Law, Pandemic, COVID-19, and Health Crisis
Political Geography:: Global Focus

48. Great Expectations and a Missed Opportunity. The Special Tribunal For Lebanon and the Objectives of the United Nations Security Council. A Critical Perspective/Grandes expectativas y una oportunidad perdida. El tribunal especial para el Líbano y los objetivos del Consejo de Seguridad de Naciones Unidas. Una mirada crítica

Author:: María Torres Pérez
Publication Date:: 10-2021
Content Type:: Journal Article
Journal:: Revista UNISCI/UNISCI Journal
Institution:: Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:: Among the various ad hoc international criminal tribunals that have been established since the end of the twentieth century, the Special Tribunal for Lebanon stands out for its singularity, both at the jurisdictional level and for its contribution to the treatment of victims. The work of the Special Tribunal for Lebanon began in 2009, delivering its first sentence on 18 August 2020. Through its constitution, the United Nations Security Council sought not to abandon the path initiated in 1993 with the creation of the Yugoslavia and Rwanda tribunals; however, the result has not been as expected. This article aims to analyze the peculiarities of the Tribunal and its work, making a critical analysis of it, considering it as a lost opportunity for the reconstruction process in Lebanon./Entre los diversos tribunales penales internacionales ad hoc que se han creado desde finales del siglo XX, el Tribunal Especial para el Líbano destaca por su particularidad, tanto a nivel jurisdiccional como por su contribución al tratamiento de las víctimas. La labor del Tribunal Especial para el Líbano comenzó en 2009, dictando su primera sentencia de instancia el 18 de agosto de 2020. Mediante su constitución, el Consejo de Seguridad de Naciones Unidas apostó por no abandonar el camino iniciado en 1993 con la creación de los tribunales de Yugoslavia y Ruanda; sin embargo, el resultado no ha sido el esperado. Este trabajo pretende analizar las peculiaridades del Tribunal y su trabajo, realizando un análisis crítico del mismo como oportunidad perdida para el proceso de reconstrucción del Líbano.
Topic:: International Law, United Nations, History, Impunity, and UN Security Council
Political Geography:: Yugoslavia, Lebanon, and Rwanda

49. The Emotional Backdrop of Legal Discourses in South China Sea Disputes

Author:: Eric Pomes and Jean-Marc Coicaud
Publication Date:: 01-2021
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: The China Sea connects as many coastal states as it divides due to the economic and strategic challenges it represents. It also embodies an area of confrontations between the Great American and Chinese strategies. Identifying with precision the differences that arise requires an interest in the symbolic dimensions that surround them. This angle of analysis provides an opportunity to observe the functioning of international law and inevitably leads to a discussion of the emerging international order. The literature on the situation in the China Sea abounds. The paper’s singularity is to approach it under the prism of international law as revealing the psychology of an actor. To carry out this research, the authors use a pragmatic and critical approach to international law. The thesis defended shows that, contrary to a positivist and judicial approach to international law, elements exogenous to the law, the history, and the psychology of an actor, influence the interpretation of existing norms.
Topic:: International Law, Territorial Disputes, Maritime, and Conflict
Political Geography:: Asia and South China Sea

50. Integrated Space Situational Awareness Systems: SDA and SSA – Advantages and Limitations

Author:: Malgorzata Polkowska
Publication Date:: 01-2021
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: SDA (Space Domain Awareness) and SSA (Space Situational Awareness – SSA) have been defined as comprehensive knowledge of space objects and the ability to track, understand, and predict their future location. The purpose of the article is to present SSA initiatives to protect space systems, which are now recognized as fundamental assets of the sustainable development of each country. The destruction of even a part of the space infrastructure can have severe consequences for the security of citizens and economic activity. These systems assume the combination of all data obtained by various entities operating in space and Earth to create a common database. The SSA system was created based on the US military programme SDA (Space Domain Awareness); SSA and SDA are almost similar, but SDA is a new term replacing SSA, which existed previously. SDA is a better and improved SSA. Increasingly, the SSA programme is part of national and EU space strategies, but it is not yet possible to include it in international space law.
Topic:: International Cooperation, International Law, European Union, and Space
Political Geography:: Europe

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COLUMBIA UNIVERSITY PRESS