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1. UK-EU Relations Tracker Q3

Author:
Cleo Davies and Jannike Wachowiak
Publication Date:
10-2024
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
Released quarterly, the UK in a Changing Europe UK-EU Relations Tracker assesses relations between the UK and EU as well as relationships between the UK and EU member states. This edition of the tracker covers developments from July to September 2023. On 1 October, the UK government introduced the green-lane/red-lane system to ease the flow of goods between Great Britain and Northern Ireland as part of the Windsor Framework. In the context of thawing relations post Windsor Framework, the UK and EU have reiterated their commitment to making the most of the Trade and Cooperation Agreement (TCA). The political agreement on the UK’s association to the Horizon and Copernicus programmes was an important milestone. In other areas, the tracker notes that discussions are ongoing. On the future of the relationship, the tracker highlights a growing mismatch between debates on the two sides. Within the UK, the Labour Party have set out plans for building on the TCA in pursuit of a closer trading relationship. The EU, on the other hand, shows little appetite for revisiting the terms of UK-EU trade. Bilaterally, the UK has now signed general statements or declarations with most EU member states. The focus is therefore shifting from formalising relations to maintaining and implementing them. This requires continued engagement, which the tracker indicates can be difficult to sustain at the highest political level.
Topic:
International Relations, International Cooperation, European Union, and Trade
Political Geography:
United Kingdom and Europe

2. What is Serbia’s “Project 5000” and why Should we be concerned?

Author:
Kosovar Centre for Security Studies (KCSS)
Publication Date:
03-2024
Content Type:
Special Report
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
This paper examines the potential consequences and concerns surrounding Serbia’s “Project 5000,” emphasizing why it warrants attention not just from neighboring states in the Western Balkans but also from NATO. Given the geopolitical landscape, any escalation of conflict within this region directly impacts NATO’s strategic interests, considering its significant presence in the Balkans. Moreover, Russia’s overt military backing of Serbia and its advocacy for a militaristic approach towards Kosovo are of particular concern. This stance by Russia can be interpreted as an attempt to embolden Serbia to adopt a military intervention in Kosovo, serving dual purposes for Russia: shifting international focus from the brutal invasion of Ukraine and undermining NATO’s credibility and influence in the region. The unfolding situation underscores a broader strategy by Russia to exploit regional tensions, thereby challenging the Euro-Atlantic integration process. Such maneuvers not only threaten to destabilize the Western Balkans but also aim to fracture European unity and weaken NATO’s strategic coherence, particularly as it pertains to its eastern flank and broader engagement in conflict resolution and peacekeeping efforts.
Topic:
Security, NATO, Geopolitics, and Strategic Interests
Political Geography:
Eastern Europe and Serbia

3. Reversing the resource curse: Advancing good natural resource governance for inclusive growth and sustainable development in Southern Africa

Author:
Sikhululekile Mashingaidze and Stephen Buchanan-Clarke
Publication Date:
02-2024
Content Type:
Special Report
Institution:
Good Governance Africa (GGA)
Abstract:
The International Energy Agency’s Medium-Term Gas Outlook in late 2023 notes that “Africa accounted for nearly 40% of new natural gas discoveries globally in the past decade, mainly in Mozambique, Mauritania, Senegal and Tanzania. However, socio-political instability and security issues make Africa a high-risk environment for the gas industry. This results in a gap between the potential and the actual gas production projects under development.” Nonetheless, the Agency forecasts natural gas production growth of 10% (higher than current levels) by 2026. It had only grown by 2.5% from 2011 to 2021, and currently accounts for roughly 6% of global production.1 Asian and Middle Eastern markets’ demand will continue2 while African governments will bet on Liquefied Natural Gas (LNG). In the longer term, it is critical to phase out fossil fuels due to their exacerbation of global warming and health and environmental risks. Given the imperative for lowercarbon growth trajectories, demand for oil, gas, and coal will likely peak in 2024. Governments and mining investors’ negotiations and contracts should safeguard local populations through ecologically sensitive, responsible mining. Communities’ voices are critical to decision-making from project inception to ensure revenues usher in broad-based growth and increased domestic energy security. In 2022, Good Governance Africa (GGA), with support from the Southern Africa Trust (SAT), explored critical issues surrounding LNG exploration and development in Southern Africa in the context of climate change.3 This intelligence report is a consolidation of key lessons from these LNG projects’ impact on local communities in Mozambique’s Cabo Delgado; South Africa’s Eastern Cape, and Zimbabwe’s Cabora Bassa Basin. Together, these three cases illustrate both the promise and perils of LNG mining in Africa.
Topic:
Development, Natural Resources, Economic Growth, Sustainability, and Inclusion
Political Geography:
Africa and South Africa

4. Decentralising the Just Energy Transition: The role of the private sector in supporting municipalities

Author:
Mmabatho Mongae and Nnaemeka Ohamadike
Publication Date:
03-2024
Content Type:
Special Report
Institution:
Good Governance Africa (GGA)
Abstract:
With nearly 86% of its carbon dioxide (CO2) coming from coal, South Africa is one of the world’s most coaldependent countries.1 Additionally, it produces nearly a quarter of the continent’s total carbon emissions.2 Its economy is highly dependent on agriculture and mineral extraction, which are energy-intensive. Importantly, South Africa is subject to climate variability and change.3 The effects are exacerbated by dysfunctional municipalities’ limited ability to build climate resilience systems and ensure robust disaster risk management. With local government administrative instability, service delivery failures, and financial mismanagement highlighted by Good Governance Africa’s (GGA) Governance Performance Index (GPI), societal stakeholders bear the brunt of dysfunction, particularly amidst escalating climate-induced natural disasters, which further strain government resources. As such, the fight against climate change requires a coordinated response from government, the private sector, and citizens. Presently, citizens do not identify the private sector as a key stakeholder in mitigating climate change. This suggests that the private sector does not have a visible presence in the fight against climate change, thereby presenting the private sector with an opportunity to support the decentralisation of the just energy transition. These efforts can also form part of attempts by the private sector to mainstream Environmental, Social, and Corporate Governance (ESG) best practices.
Topic:
Climate Change, Governance, Economy, Carbon Emissions, and Energy Transition
Political Geography:
Africa and South Africa

5. What Could Changing Conflict Dynamics Mean for the Risk of Mass Atrocities in Burma

Author:
Andrea Gittleman and Denise-Nicole Stone
Publication Date:
04-2024
Content Type:
Special Report
Institution:
Simon-Skjodt Center for the Prevention of Genocide, United States Holocaust Memorial Museum
Abstract:
In March 2024, the United States Holocaust Memorial Museum’s Simon-Skjodt Center for the Prevention of Genocide hosted a private roundtable discussion on potential conflict scenarios in Burma/Myanmar. The discussion explored plausible trajectories of the conflict over the next six months, and whether these paths may lead to increased risk of mass atrocities for civilians. The convening included researchers, policymakers, and civil society representatives and discussed the following questions: • What are the plausible scenarios in which the conflict could evolve in the coming six months? • What would these changes mean in terms of the mass atrocity risks to civilian populations? • Are there specific regions/areas in Burma where civilians may be at especially high risk? • What particular developments should policymakers monitor? • What potential resiliencies exist to mitigate growing or changing mass atrocity risks, and what strategies should US policymakers use to support them? • What are the policy options available to US policymakers? The discussion took place under the Chatham House rule. This report summarizes key topics from the conversation without attribution.
Topic:
Foreign Policy, Atrocities, and Armed Conflict
Political Geography:
Burma, Southeast Asia, and Myanmar

6. Confronting Compassion Fatigue: Understanding the Arc of Public Support for Displaced Populations in Turkey, Colombia, and Europe

Author:
Natalia Banulescu-Bogdan, M. Murat Erdoğan, and Lucía Salgado
Publication Date:
01-2024
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Historic levels of global displacement have put intense pressure on systems designed to protect people fleeing conflict, instability, and persecution. Three cases stand out for having triggered a particularly generous response amid enormous upheaval: Turkey's reception of nearly 4 million Syrians since 2011, Colombia's hosting of nearly 3 million Venezuelans who have arrived since 2015, and Europe's welcome of more than 5 million Ukrainians (with nearly 2 million in Poland alone). This report examines the ebb and flow of public support for forced migrants in these three cases. It highlights factors that have contributed to initial widespread solidarity, ways in which support has been sustained over time, and when and why it begins to fade. The report concludes by drawing lessons from these case studies on what policymakers can do to better anticipate and address compassion fatigue. As the study notes, “While compassion is extremely powerful, it is also highly vulnerable to fatigue. In the long term, politicians must anticipate the gradual ebbing of solidarity by putting in place sound policies to meet practical community needs amid large-scale migration.”
Topic:
Refugees, Displacement, Integration, and Civic Engagement
Political Geography:
Europe, Turkey, and Colombia

7. Expanding Protection Options? Flexible Approaches to Status for Displaced Syrians, Venezuelans, and Ukrainians

Author:
Andrew Selee, Susan Fratzke, Samuel Davidoff-Gore, and Luisa Feline Freier
Publication Date:
01-2024
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Faced with displacement crises that have stretched asylum systems to their limits, countries have increasingly begun to use alternatives to traditional protection tools to provide displaced individuals with legal status and access to certain rights and forms of assistance. Often, the status offered is temporary and does not rely on adjudication of individual cases. While such approaches are not completely new, they have gained prominence through national responses to three of the largest displacement crises of the post-World War II era: displacement from Syria, Venezuela, and Ukraine. The principal host governments in these three crises—Turkey, various South American countries, and EU Member States—chose to provide legal status to millions of protection seekers by using existing immigration policies or new temporary statuses, rather than refugee or asylum systems. This report—part of the Beyond Territorial Asylum: Making Protection Work in a Bordered World initiative led by MPI and the Robert Bosch Stiftung—examines each of these three cases, identifying similarities in the approaches taken to offering protection while recognizing the differences between the cases. The study explores the factors underpinning government decisions and their medium- to long-term implications, concluding with thoughts on what can be learned for future international displacement crises.
Topic:
Governance, Refugees, Displacement, Asylum, Integration, and Protection
Political Geography:
Ukraine, Syria, and Venezuela

8. Leaving No One Behind: Inclusive Fintech for Remittances

Author:
Ravenna Shost
Publication Date:
02-2024
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Remittances are an important source of support for migrants’ families, communities, and origin countries. However, the remittance industry has long been dominated by a few players whose services have high transaction costs, blunting the development benefits of these money transfers. By easing access to financial services, mainly via mobile phones, some countries and development actors hope that financial technology (or fintech) will change this status quo. Many believe that such technologies—namely mobile money and cryptocurrencies—hold the potential to boost migrants’ inclusion in financial systems and enhance the development benefits of remittances. Yet, many obstacles remain to widening these digital tools’ reach and usability, and safeguards are needed to protect users against new risks. This report explores the growing use of digital financial services for international remittances, including changes during the pandemic and a look at gendered aspects of these technologies’ impacts. The analysis draws, in part, on insights from expert interviews as well as focus groups conducted in Nigeria and Sri Lanka with users and nonusers of digital remittance services. The report results from a multiyear research partnership between MPI and the Swiss Agency for Development and Cooperation’s Thematic Section Migration and Forced Displacement to support the development of global solutions for migration-related challenges.
Topic:
Development, Migration, Science and Technology, Finance, and Remittances
Political Geography:
Global Focus

9. Arming Allies and Partners: How Foreign Military Sales Can Change the China Problem

Author:
Brennan Devereaux
Publication Date:
03-2024
Content Type:
Special Report
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
Allies and partners are “a center of gravity” for the DoD National Defense Strategy in the Indo-Pacific.1 But are regional nations building military capacity to help the United States prepare for and deter a potential clash with the People’s Republic of China, or are they solely focused on defending their own territories? Although regional nations’ aims may often overlap, they also diverge in some cases. Partner-capacity development must therefore reflect the distinction between deterrence and territorial defense. The US military has been diligently building relationships and developing partner capacity in the Indo-Pacific region for years, conducting dozens of exercises annually and recently establishing the Joint Pacific Multinational Readiness Center.2 These efforts in the Indo-Pacific region have increased with the US military’s attempt to shift away from the Middle East, and President Joe Biden’s declaration that China is “the only competitor with both the intent to reshape the international order and, increasingly, the economic, diplomatic, military, and technological power to do it.”3 Regardless of efforts in the region, not all relationships with partners are equal; the potential assistance each partner would be willing to provide the US military in a conflict with China will vary for myriad reasons. Although each nation’s support requirements and development goals are distinct, assistance through military sales is a foundational aspect of building capacity, providing allies and partners a venue for acquiring military equipment. The Foreign Military Sales program, often critiqued for its inefficiencies, is being revamped by the US Department of State and Department of Defense.4 Partner nations purchasing US military equipment will remain focused on their own national interests, which for many partners remain security and the defense of sovereign territory. Updates to how the United States approaches military sales can also be tailored to support US military interests more effectively. In other words, US strategic objectives should underpin the prioritization of sales to specific countries, and US efforts should extend beyond financial benefits or the intangibles of building partnerships. To account for the unique and distinct challenges the US military faces in the Indo-Pacific theater, the modernization of Foreign Military Sales should aim to provide the United States with a relative military advantage over China by tailoring the program’s approach to arming allies in a way that complements US military efforts in the region. Modernizing Foreign Military Sales begins by categorizing nations based on their expected roles in a potential clash between the United States and China.
Topic:
Security, Defense Policy, Partnerships, and Arms Sales
Political Geography:
China, United States of America, and Indo-Pacific

10. Implications for Modern Warfighting Concepts: What the US Army Can Learn from Past Conflicts

Author:
Richard D. Butler
Publication Date:
03-2024
Content Type:
Special Report
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
These four historic vignettes provide context and lessons learned for the US Army as it returns to peer conflict. Although history does not account for the cyber and space domains, the leaders involved in the highlighted conflicts dealt with the reintroduction of maneuver warfare tied to modern fires from land, sea, and air. Peer-level conflict also compelled governments to work intensely in the information space to steel their societies and to influence allies, partners, and adversaries. Using historical reference material and insights from historians and other experts, this essay will help the US Army and the wider community of interest relearn peer rival conflict to support deterrence and prepare for the next large-scale war.
Topic:
War, History, Conflict, World War I, Army, Korean War, and Economic Warfare
Political Geography:
Philippines, Korea, United States of America, and Indo-Pacific

11. A Baseline Assessment of the PLA Army's Border Reinforcement Operations in the Aksai Chin in 2020 and 2021

Author:
Dennis J. Blasko
Publication Date:
04-2024
Content Type:
Special Report
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
This report analyzes the People’s Liberation Army’s (PLA) border reinforcement operation throughout the Aksai Chin and adjacent areas from summer 2020 to early 2021. It is based largely on analysis of Google Earth imagery and provides a baseline for further analysis of the PLA deployment along the entire Line of Actual Control (LAC) in the Aksai Chin. Chinese Army units appear ready to remain in a defensive posture near the LAC the Aksai Chin indefinitely. This effort is the land domain equivalent of Chinese military maritime operations in the South China Sea and air and sea deterrent operations directed toward Taiwan.
Topic:
Armed Forces, Military, and People's Liberation Army (PLA)
Political Geography:
China, India, Xinjiang, and Aksai Chin

12. War with China: A View from Early 2024

Author:
Marco J. Lyons
Publication Date:
04-2024
Content Type:
Special Report
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
US defense analysts are overdue for a fundamental reassessment of the strategic factors that would shape a future Sino-American war. The United States may lower the overall risk of sparking a war between Washington and Beijing by more formally committing advanced US capabilities in intelligence collection and targeting, long-range fires, and theater air and missile defense to Japan and South Korea and by initiating bilateral planning to introduce such capabilities in Taiwan in the future. The US defense community still lacks a broad and integrated national strategy for successfully managing the rivalry with China. A clear-eyed assessment of a possible United States-China war could lead to a national strategy.
Topic:
Security, Intelligence, Bilateral Relations, Territorial Disputes, and Strategic Planning
Political Geography:
Japan, China, Taiwan, Asia, United States of America, and South China Sea

13. Emerging Technologies and Terrorism: An American Perspective

Author:
Susan Sim, Eric Hartunian, and Paul J. Milas
Publication Date:
04-2024
Content Type:
Special Report
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
In a world where technology is rapidly advancing and available to the masses, companies and policymakers face a daunting reality—non-state actors are using innovation for sinister purposes. While artificial intelligence (AI) and autonomous systems promise enhanced threat detection, terrorist groups are exploiting these tools for recruitment and attacks. The future is concerning as AI becomes more widespread and autonomous systems and augmented reality redefine society. A groundbreaking report is born from a collaboration between NATO COE-DAT and the US Army War College Strategic Studies Institute. This book unveils a grim forecast that terrorists are poised to exploit advances in artificial intelligence, autonomous systems, augmented reality, biotechnology, and nanotechnology. The line between reality and fiction blurs in the age of rapid technological evolution, urging governments, industries, and academia to unite in crafting ethical frameworks and regulations. As geopolitical tides shift, NATO stresses national responsibility in combating terrorism and advocating for collective strength against the looming specter of technology-driven threats. However, questions linger. Can regulatory frameworks keep pace with technological innovation? Will industry prioritize ethical considerations over profit margins?
Topic:
Agriculture, Science and Technology, Terrorism, Biosecurity, Artificial Intelligence, Nanotechnology, Biotechnology, and Nanoweaponry
Political Geography:
Global Focus

14. The Ongoing Genocide in Gaza

Author:
John Cherian
Publication Date:
01-2024
Content Type:
Special Report
Institution:
India International Centre (IIC)
Abstract:
There seems to be no end in sight to the genocidal war being waged in the Gaza Strip. As the new year dawned, more than 22,835 Gazans, the majority of them children and women, have been killed by the Israeli Occupation Forces (IOF).1 The true mortality rates are, of course, much higher as at least 7,000 Palestinians remain buried under the rubble.2 In three months of fighting, one out of every 10 persons living in Gaza has been killed. As international humanitarian organisations and local eyewitness accounts have testified, the Gaza civilians were intentionally targeted by the Israeli military. The deaths of civilians and the damage to civilian infrastructure were not due to collateral damage in the fight between Israel and the Palestine militias in Gaza. After the 7 October 2023 Hamas military attack along the highly fortified border with Israel that had resulted in the deaths of 1,200 residents, Israeli leaders and top army generals had publicly vowed to hit the people of Gaza ‘with fire and brimstone’, quoting Old Testament prophets. It was the worst humiliation the Israeli army had suffered in more than 50 years. There were open calls to ‘ethnically cleanse’ Gaza and the rest of the occupied territories so that Israel could realise its long-held dream of an ‘Eretz Israel’ (Land of Israel) extending from the Red Sea to the Mediterranean Sea. Israel’s Prime Minister, Benjamin Netanyahu, addressing the Israeli parliament shortly after the bloody onslaught on Gaza began, promised to fulfil ‘the prophecy of Isaiah’. The prophecy, a part of the Bible’s ‘Book of Isaiah’, speaks about the creation of a Greater Israel extending from the Nile River to the Euphrates River. In a later speech, Netanyahu said that Israel was on ‘a holy mission’ in Gaza while invoking another Old Testament story of Amalek. According to the Hebrew Bible, the kingdom of Amalek was the arch-enemy of the Israelites. Amalek was the grandson of Esau, the eldest son of Isaac. Esau is believed to be the father of Edomites, a Semitic tribe often in conflict with the Jews. According to the biblical story, God had ordered his ‘chosen people’, the Israelites, to completely obliterate the Amalekites. No Western leader condemned this blatantly ‘genocidal’ statement by the Israeli Prime Minister. Juan Cole, an American academic and expert on West Asian politics, has charged the Netanyahu government of declaring ‘a holy war of annihilation of civilians in Gaza’.3 The Israeli President, Isaac Herzog, had earlier asserted that there were ‘no innocent civilians’ in Gaza. The Israeli Defence Minister, Yoav Gallant, vowed to ‘eliminate everything’ in Gaza. The Israeli government’s ‘genocidal intent’ has become even more evident after three months of war. The number of people killed in the war on Gaza has exceeded the casualty figures of three previous major Arab–Israeli wars. In 1948, the year Israel was recognised as an independent state, around 15,000 Palestinians were killed as they were forcibly dislocated from their ancestral land. More than 20,000 people were killed when Israel invaded Lebanon to remove the Palestine Liberation Organization (PLO) under the leadership of Yasser Arafat from the country.
Topic:
Foreign Policy, Genocide, Atrocities, Hamas, Benjamin Netanyahu, Armed Conflict, and Healthcare System
Political Geography:
Middle East, India, Israel, Palestine, and Gaza

15. Digital Governance: Technology Tensions with China and Implications

Author:
Alex He and Robert Fay
Publication Date:
03-2024
Content Type:
Special Report
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
As a superpower that is deeply integrated in global supply chains, China is becoming an economic giant, but its use of technology to capture data using methods that may pose cyber- and national security risks is raising concerns. While some view China’s motivations as an attempt to advance its status from an upper-middle-income economy to a developed economy, others see more nefarious intentions behind its authoritarian, top-down governance model. Further complicating the situation is the growing technology competition between China, the United States and Europe over the control of data, the technologies that use this data and the values upon which they should be used. The Centre for International Governance Innovation’s second annual conference on Digital Governance in China explored these and other issues related to the global implications of China’s governance model in the digital age.
Topic:
Development, Science and Technology, Governance, Economy, and Supply Chains
Political Geography:
China and Asia

16. How the International Investment Law Regime Undermines Access to Justice for Investment-Affected Stakeholders

Author:
Ladan Mehranvar
Publication Date:
01-2024
Content Type:
Special Report
Institution:
Columbia Center on Sustainable Investment
Abstract:
For over a decade now, the international investment law regime, which includes investment treaties and their central pillar, the investor-state dispute settlement (ISDS) mechanism, has been facing sustained calls for reform. These have largely centered on the concerns regarding the high costs of ISDS, the restrictions placed by the investment treaty regime on the right—or duty—of states to regulate in the public interest, and the questionable benefits arising from these treaties in the first place. Several states have taken proactive measures: some have revised investment treaty standards to better protect their regulatory powers;1 others have introduced new approaches to investment promotion, protection, and dispute settlement that more closely align with their sustainable development objectives;2 and some states have withdrawn from the investment treaty regime altogether.3 In addition, reforms to the regime are taking place at the multilateral level within the United Nations Commission on International Trade Law (UNCITRAL),4 the Organization for Economic Cooperation and Development (OECD),5 the World Trade Organization (WTO),6 and through other regional fora.7 Despite being the subject of extensive and prolonged public debate for several years, these reforms have continued to reinforce the binary structure of the regime. This structure restricts the focus of investment relations solely to investors and host states, disregarding the actual or potential impacts of investment projects, relations, disputes and awards on the rights and interests of other impacted stakeholders. In particular, large-scale, land-based investment projects involve a broad network of people and relations, and often intersect with local communities whose social identity, way of life, and livelihoods are intimately connected to the land and natural resources at stake.8 It is this category of investments, which result in the creation of a new “project” with a large land footprint, that is the topic of this paper. The consequences of these types of investments can be significant, as they often lead to land expropriations, negative human health consequences, water pollution, air contamination, deforestation, or shifts in migration patterns within the area,9 thereby impacting the rights and interests of people in these communities and the environment more broadly. From the perspective of investment-affected communities,10 foreign investments arise out of a partnership between the investor and the state.11 After all, it is the government that facilitates the establishment and development of these very projects. Meanwhile, these impacted people are often not consulted or involved in project establishment or development, and many may not even know that a project has been approved until after it has been approved or once it is operational. According to scholarship in this area,12 these affected individuals and communities often find themselves in a situation where they must assert their rights against the negative impacts of such projects, or resist these projects by mobilizing, protesting, or resorting to legal (and non-legal) measures against the investor and/or the state. This dynamic is frequently reflected in investment disputes, in which foreign investors challenge measures that state agencies have taken in response to, inter alia, local opposition to investments, in an attempt to safeguard their economic interests.13 However, even though the underlying investments, government measures, ISDS disputes, and any resulting awards often implicate local people and communities in profound ways, these stakeholders find it difficult, if not impossible, to assert their rights and have their concerns addressed in investment policy making, in the establishment or continuation of investment projects, and in any ensuing investor-state disputes that may arise under investment treaties (or investment contracts). In fact, the voices of investment-affected people are effectively, and in most cases, actually excluded from the “institutional logic” of the investment treaty regime.14 This is because of the narrow scope of the applicable treaties and the limited consideration given to human rights and domestic legal frameworks in ISDS proceedings. In addition, these communities often encounter legal and practical obstacles when seeking to protect their rights and interests under other instruments and fora, like international human rights law, or domestic and regional judicial systems. This is because victories won by investment-affected communities at these other fora are often pyrrhic since they may ultimately be undermined by the investment treaty regime if or when the investor succeeds in its ISDS claim. It is this local dimension, which has received little attention in public debate and action on reform at the global, regional, and national levels, that is the focus of this paper. We draw on a group of 13 investor-state claims (and two potential claims)15 that relate to the rights and interests of impacted communities and identify ways in which their access to justice is undermined, hampered or denied entirely by the ISDS mechanism.16 Before describing the ways that access to justice is undermined or denied in these ISDS cases, we first define the term “access to justice” below.
Topic:
Human Rights, Law, Investment, and Stakeholders
Political Geography:
Global Focus

17. Harms from Concentrated Industries: A Primer

Author:
Denise Hearn
Publication Date:
02-2024
Content Type:
Special Report
Institution:
Columbia Center on Sustainable Investment
Abstract:
Clashes between dominant firms exercising private power across the economy, and regulatory agencies tasked with preserving democracy have oscillated in ferocity throughout history. Today there is widespread recognition that in many markets, concentrated private economic and political power has yielded a range of anti-democratic, anti-innovation, and inequitable outcomes for consumers, workers, and smaller businesses. A vast literature1 now documents the macroeconomic and social harms from concentrated markets. As a 2019 International Monetary Fund (IMF) report states, “further increases in the market power of already-powerful firms could weaken investment, deter innovation, reduce labor income shares, and make it more difficult for monetary policy to stabilize output.”2 Competition policy, or antitrust, is a subset of a broader anti-monopoly agenda, and an important foundation for the functioning of fair markets. How its laws are crafted, interpreted, and enforced has substantial economic and social effects at local and regional levels, as well as national and international levels. The way that competition policy is written, interpreted, and applied has wider societal impacts beyond competition, including effects on democracy, economic inequality, growth and innovation, racial and gender imbalances, privacy, geopolitical implications and more. Competition policy also has redistributive economic effects between stakeholders, often privileging the largest corporate actors and their shareholders at the expense of other stakeholders.3 As the largest global firms have grown in size and reach, many national jurisdictions have set up competition authorities. In the last four decades, more than 120 legal systems have created competition rules, establishing National Competition Authorities (NCA) across a significant portion of countries.4 However, competition policy includes, but is not limited to, antitrust enforcement. It can also include a broader set of legislative and regulatory reforms which provide market guardrails that protect consumers, workers, independent businesses, and fair market dealing.5 The recently introduced Digital Markets Act in the EU is an example of competition policy using additional regulatory layers to protect the rights of consumers, start ups, and to spur innovation and economic growth. Today, competition policy and antitrust law are experiencing new political potency as various global jurisdictions have strengthened and enhanced their enforcement regimes.6 New market realities like digital market platform gatekeepers, the financialization of firms, the rise of private equity, resurgent labor movements, trade wars and industrial policy, and sustainability challenges, among others, have forced reconsiderations of how to adapt competition policy to meet new 21st century market realities. Competition policy’s narrow focus on consumer welfare (typically defined as low prices)7 over the last 40-50 years saw technological giants ascend to new heights with little to no scrutiny or challenges to mergers. A focus on lowering prices for consumers meant that new assetization strategies – such as monetizing a user’s attention while offering “free” products – went ungoverned by competition regulators. Non-price effects from concentrated markets like: threats to democracy or privacy, and effects on worker’s rights or the environment were mostly ignored. Mergers largely went unchallenged, leading to concentration across many sectors of the economy which is well documented in the US,8 Canada,9 and Europe10 and increasingly so in other jurisdictions. As so-called “superstar firms” have come to dominate national and global economies – in part due to a lack of strong countervailing regulatory structures and antitrust enforcement, and in part due to new network effects or economies of scale and scope in financial, digital, and other markets – many large companies are now akin to para-state institutions, which set the terms and norms of markets, acting as de facto private regulators. Global collective action problems like inequality, climate change, and biodiversity loss, which threaten the ecological and social thresholds upon which open societies are built, have also challenged the status quo of competition policy interpretation and enforcement. This presents a moment of political opportunity for a new vision, which asserts a concerted challenge to the ways in which concentrated corporate power undermines healthy economic, political, and social functioning across a range of industries. An anti-monopoly policy agenda ensures that markets operate on fair and competitive terms, that they reward innovation, create widely shared ownership and prosperity, and allow the best ideas, products, and services to flourish. Markets are public creations, governed by democratically determined rules. Anyone can be an anti-monopolist and participate in the active governance and shaping of markets, and there is now a wide global community of people who identify as such. At the end of this document we list some civil society organizations that are working to foreground anti-monopoly policy approaches and to build communities of practice, for those interested in learning more. Below, some of the harms from market concentration are outlined, as well as industryspecific or thematic considerations in technology, agriculture, and trade.
Topic:
Finance, Sustainable Development Goals, Business, and Industry
Political Geography:
Global Focus

18. Billion-Dollar Exposure: Investor-State Dispute Settlement in Mozambique’s Fossil Fuel Sector

Author:
Lea Di Salvatore and Maria Julia Gubeissi
Publication Date:
02-2024
Content Type:
Special Report
Institution:
Columbia Center on Sustainable Investment
Abstract:
Mozambique is endowed with extensive untapped natural resources, particularly gas and coal. The country’s gamble on fossil fuel-based economic growth comes with signiicant economic risks and crowds out investments in the country’s enormous renewable energy potential. ◆Mozambique faces a substantial economic risk due to its exposure to investor-state dispute settlement (ISDS) claims by foreign investors in its coal, oil, and gas sectors. The investment protections in the country’s international investment agreements and contracts, combined with ISDS, expose Mozambique to multi-billion-dollar financial liabilities. Even conservative estimations show that potential ISDS liabilities from oil and gas projects would cover almost a decade of Mozambique’s government expenditures for SDGs. ◆ Mozambique’s international investment agreements and publicly available oil, gas, and coal contracts allow foreign investors to bypass the national judicial system and bring multi-billion-dollar ISDS claims against Mozambique. Such claims can result in significant costs for the country, and they also have a considerable chilling effect on any new public-interest regulation in areas such as health, environment, community rights or labor protections. ISDS can undermine attempts to adopt meaningul legislation to transition away from fossil fuels and achieve sustainable development goals. This regime can therefore contribute to locking the country into a high-carbon economy. ◆In addition, multiple stabilization clauses in the analyzed contracts lock the operations into specific legal and fiscal regimes for the duration of the contracts. Stabilization clauses protect investments from unexpected regulatory changes or new fiscal rules. If a host state does introduce such changes, stabilization clauses allow investors to demand measures or compensation that would ensure their same profitability absent such changes. These clauses thus exacerbate the limits to – and chilling effect on – states’ public interest regulation. ◆Mozambique and other countries can take actions to remove ISDS from their contracts and treaties, replacing the mechanism with alternative dispute resolution mechanisms. They can also take steps to terminate investment agreements in force. Home countries of Mozambique’s foreign investors have a responsibility to support such action, especially as they, themselves, remove ISDS from their own treaties.
Topic:
Natural Resources, Gas, Investment, Fossil Fuels, Coal, and Disputes
Political Geography:
Africa and Mozambique

19. Pakistan’s Evolving Militant Landscape: State Responses and Policy options

Author:
Pak Institute for Peace Studies (PIPS), Muhammad Amir Rana, and Safdar Sial
Publication Date:
05-2024
Content Type:
Special Report
Institution:
Pak Institute for Peace Studies (PIPS)
Abstract:
At a time when a major shift is happening in the militant landscape of the country and a political transition is taking place, it is imperative to reevaluate the evolving positions and strategies of not only the militant groups but also the newly formed governments. Against this backdrop, this report seeks to delve into the emerging dynamics of Pakistan's militant landscape and security besides analysing state capacities and responses, along with potential policy shifts post-transition. While much of the research and analyses in Pakistan since Taliban takeover of Kabul has predominantly focused on aspects such as the Taliban regime's governance, Pak-Afghan bilateral affairs, and regional geopolitics, there remains a glaring absence of credible and comprehensive investigations into the broader repercussions of the evolving Afghan scenario on Pakistan's security landscape. Despite periodic headlines on the Pakistani government's negotiations with the proscribed TTP, there has been a dearth of empirical research exploring the overall fallout of Afghanistan's changing dynamics on Pakistan's security. In light of this context, PIPS undertook a firsthand, empirical investigation into the expanding terrorism landscape in the country, scrutinizing the formation of new alliances and networks among terrorist groups, mapping the geographical spread of insecurity and violence, and assessing their ramifications for both domestic and regional security paradigms, among other things. The insights gleaned from this investigation were subsequently utilized to formulate context-specific policy recommendations on how to manage or prevent the negative fallout from evolving Afghanistan situation on Pakistan and the region.
Topic:
Security, Terrorism, Non State Actors, Minorities, and Regional Security
Political Geography:
Pakistan, Afghanistan, and South Asia

20. Afghan Peace and Reconciliation: Pakistan's Interests and Policy Options 12

Author:
Osama Ahmad, Imran Mukhtar, and Hazrat Bilal
Publication Date:
05-2024
Content Type:
Special Report
Institution:
Pak Institute for Peace Studies (PIPS)
Abstract:
The Pak Institute for Peace Studies held its 12th quarterly consultation on “Afghan peace and reconciliation: Pakistan’s interests and policy options” in Islamabad on March 15, 2024. The consultation focused on two main themes: “Pakistan’s Afghan policy puzzle: challenges and opportunities for the new government” and “The counterterrorism and counter-extremism challenges for the new federal and provincial governments.” Participants included lawmakers from national and provincial assemblies, diplomats, retired miltary officials, academics, journalists, policy analysts, and experts on Afghan affairs. The distinguished speakers talked about the policy challenges confronting the new government. They were particularly skeptical about the new government’s ability to formulate the country’s Afghan policy, and were worried about surging terrorism in the country, India's increasing influence in Afghanistan, province-center worsening relations, and Pakistan’s deteriorating relations with the neighboring countries. In the first session, the discussion revolved around how the newly formed coalition government will address critical issues such as countering terrorism and improving relations with Afghanistan and other neighboring countries. The need for a solution to Balochistan problem was highlighted. Apart from that, various factors leading to worsening relations between Afghanistan and Pakistan were discussed, for instance the Tehreek-e-Taliban Pakistan (TTP) factor, deportation of Afghan refugees, border insecurity, and cross-border terrorism from Afghanistan. The participants also linked the success of China-Pakistan Economic Corridor (CPEC) to peace in the region. Pakistan's failure to extend goodwill into Afghanistan was termed a significant problem. It was argued that Pakistan's forceful expulsion of Afghan refugees significantly eroded Pakistan's good image in Afghanistan. The participants urged the government to take political ownership of foreign and internal policies and strengthen the role of parliament in order to set things right both at home and abroad. However, they lamented the inability of the political government to assert itself, thereby allowing space to non-democratic forces to decide unilaterally on critical matters. In the second session, the consultation focused on the counterterrorism policies in the center and provinces. The prevailing antagonistic relations between Pakistan Tehreek-e-Insaaf’s (PTI) government in Khyber Pakhtunkhwa province and the coalition government in Islamabad were thought to prevent the formation of an effective counterterrorism policy. Speakers also highlighted how India is exploiting the situation by funneling funds to the TPP through Afghanistan, which has led to a significant surge in the terrorist activities in Pakistan. Improving trade relations with Afghanistan also came under the discussion, and it was advised to reduce hurdles in bilateral trade which will benefit not only Afghanistan but Pakistan as well. It was also highlighted that although there is peace in a political sense in Afghanistan, poverty and economic decay have increased during the Taliban government. In the last minutes of the discussion, it was underscored that the Afghan Taliban deliberately designate Pakistan as their enemy and capitalize on this rhetoric to divert the attention of Afghans away from the system they are implementing, which might lead to further destitution.
Topic:
Terrorism, Bilateral Relations, Taliban, Refugees, Reconciliation, and Peacebuilding
Political Geography:
Pakistan, Afghanistan, and South Asia