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21. The Mobility Key: Realizing the Potential of Refugee Travel Documents

Author:
Samuel Davidoff-Gore
Publication Date:
02-2024
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
Governments are increasingly experimenting with new mobility pathways for refugees, beyond traditional resettlement operations. These include complementary pathways that connect refugees with work or study opportunities in a country other than the one in which they first sought safety—expanding their future prospects while easing pressure on top refugee-hosting countries. Refugees’ ability to take up these and other opportunities abroad depends to a significant extent on their access to the travel documents required to reach their destination. Yet refugees are generally unable to safely use the most common travel document: a passport issued by a person’s country of origin. This policy brief—part of the Beyond Territorial Asylum: Making Protection Work in a Bordered World initiative led by MPI and the Robert Bosch Stiftung—outlines the different types of travel documents that can facilitate refugees’ movement and key barriers to acquiring and using them. It also identifies steps that countries of asylum, transit, and destination, along with donors and international organizations, can take to overcome these challenges.
Topic:
International Cooperation, International Organization, Border Control, Refugees, Asylum, and Protection
Political Geography:
Global Focus

22. 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

23. 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

24. From tick box to turning point: Getting accountability right for improved humanitarian action

Author:
Jennifer Doherty
Publication Date:
01-2024
Content Type:
Working Paper
Institution:
ALNAP: Active Learning Network for Accountability and Performance
Abstract:
This paper identifies key challenges and essential issues that need to be addressed to create positive change for people affected by crisis. It draws on a synthesis of different types of evidence, including: focus groups discussions with and survey data from people affected by crisis a literature review small round-table discussions with humanitarian decision-makers key informant interviews with policymakers and practitioners across the sector. The paper offers humanitarian leaders within donor organisations and operational agencies 12 key recommendations - areas that they should invest in as they grapple with accountability as one of the key sticking points holding the humanitarian system back from making progress for crisis-affected people. The paper concludes by identifying key evidence and learning gaps to which agencies could contribute by documenting and sharing their learning, as they take steps to more firmly centre their work around the perspectives of people affected by crisis.
Topic:
Humanitarian Aid, International Organization, Accountability, and Donors
Political Geography:
Global Focus

25. Neither Settler Nor Native:The Making and Unmaking of Permanent Minorities with Mahmood Mamdani

Author:
Mahmood Mamdani
Publication Date:
03-2024
Content Type:
Video
Institution:
Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:
Professor Mahmood Mamdani examines how the colonial state and the nation-state have been mutually constructed through the politicization of a religious or ethnic majority at the expense of an equally manufactured minority. He proffers that political violence demands political solutions: not criminal justice for perpetrators but a rethinking of the political community for all survivors—victims, perpetrators, bystanders, beneficiaries—based on common residence and the commitment to build a common future without the permanent political identities of settler and native.
Topic:
Political Violence, Minorities, Colonialism, State, Identity, Settlers, and Natives
Political Geography:
Global Focus

26. Free and Open Spaces: Small and Medium-Sized Nations Can Reshape the Modern World

Author:
James Jay Carafano and Márton Ugrósdy
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Baku Dialogues
Institution:
ADA University
Abstract:
What if most people are wrong about the future? The presumption—the conventional view, both in the policymaking world and in academia—is that great powers have the greatest influence in shaping geopolitics. There is also a presumption that great power competition will inevitably lead to dividing the world into hard spheres of influence, and that there will be an inevitable competition over dominating the “commons,” the routes of air, land, sea, space, and cyberspace that unite the world. We think all these assumptions are wrong. We think there is evidence to the contrary. Indeed, when great powers compete most, this often creates more space for other states to exercise influence. We argue that the countries spanning the traditional pathways of the Silk Road region from Europe and Türkiye to the Caucasus and Central Asia have that power in their hands, if, that is, they are wise in how they wield it. This essay will outline, in broad strokes, the genesis of our argument.
Topic:
Geopolitics, Strategic Competition, and Small States
Political Geography:
Global Focus

27. Carbons of War: The Environmental Impact of Military Activity in Conflict and Peace

Author:
Jahangir E. Arasli
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Baku Dialogues
Institution:
ADA University
Abstract:
Climate change is the supreme challenge of our times, poised for human civilization. Its facets are diverse: the rise of temperatures, trending natural disasters and enduring weather extremes, droughts and floods, fluctuations of the sea level and hydrographic regimes, distressed ecosystem balances, and other aberrations. Climate change affects human health and demography, increases food and water insecurity, accelerates environmental degradation (such as deterioration of arable and grazing lands, deforestation, or desertification), shrinks biodiversity, and produces other similar effects. Climate change escalates competition for dwindling resources and, subsequently, generates frictions and tensions between states and within individual groups of populations, thus forming a stage for geopolitical and geoeconomic rivalry as well as potential violent conflicts and wars. The snowballing impact of climate change on a global scale steadily approaches the point of irreversibility. The grim irony is that climate change, in many ways, represents a result of different forms of anthropogenic activity, including increased carbon emissions. Although the climatic transformation is already acknowledged as the ultimate challenge of global magnitude, one particular aspect remains often overlooked. Warfare is one of the countless varieties of human performance. Wars and armed conflicts naturally yield an enormous impact on the anthroposphere and habitat. Beyond that, the existing military forces and their routine activities unwillingly affect the environment even in peacetime. Therefore, this essay examines different patterns related to the damaging impact of wars and military activities on the climate and the environment, with a particular focus on carbon emissions. Furthermore, it addresses the subject of climate changedriven conflicts and evaluates measures taken at the international and national level to mitigate the effects projected by military forces on the environment. The overall objective of this paper is to provide analytical support in the course of preparations for the 2024 United Nations Climate Change Conference (COP29) in Azerbaijan.
Topic:
Climate Change, Environment, Conflict, and Carbon Emissions
Political Geography:
Global Focus

28. The Battle for Green Supremacy: Carbon Markets, Artificial Intelligence, and the Problem of Climate Finance

Author:
Carlos Roa and Shubham Dwivedi
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Baku Dialogues
Institution:
ADA University
Abstract:
Observe the bee as it pollinates flowers, fruits, vegetables, and a wide variety of other crops; according to the United Nations’ Food and Agriculture Organization, around one-third of the world’s food production depends on their little wings. Watch as the beaver builds its dam, shaping the landscape of its local environment. Its pond stores carbon, improves water quality, creates a suitable habitat to support biodiversity, and helps reduce climate impacts. One cannot help but conclude that some higher order guides the work of these and other creatures; someone or something seems to be managing the delicate ecology of our world. Unfortunately, human beings are not as adept at such complex environmental management. As the world increasingly bears witness to the dramatic effects of climate change, the urgency for decisive action has never been more critical. With the planet’s average temperature continuing to rise, resulting in more frequent, severe, and unusual weather events, the global community faces a stark reminder of the imperative to mitigate this environmental degradation. The upcoming UN Climate Change Conference in Baku (COP29) represents a pivotal moment for states to commit to ambitious strategies and deepen international collaboration in the fight against climate change. At the forefront is the pressing need to explore and affordably implement effective mechanisms that can significantly reduce carbon emissions on a global scale.
Topic:
Markets, Climate Finance, Artificial Intelligence, and Carbon Emissions
Political Geography:
Global Focus

29. War, Peace, and Law

Author:
Miguel Ayuso
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
Baku Dialogues
Institution:
ADA University
Abstract:
We are going to deal with peace in relation to law in the broad context of the Western philosophic tradition, presented in these pages through a traditional Catholic prism rooted in what one can characterize as Thomistic realism. Naturally, when defining peace, war appears by comparison or opposition. And, naturally, it is therefore also necessary to deal with war in some detail in order to contribute to a better definition of peace. First of all, some doubt arises about this relationship. For if peace is—in St. Augustine’s definition—the tranquillity of order, it is not only the absence of war, but something positive: order, hierarchy, harmony, etc. But if, on the other hand, it is the neutralization of conflict, as Italian academician Danilo Castellano says, that war must somehow make its presence felt again, even if its disappearance is postulated. We shall deal briefly with both in what follows, concluding with a reminder of “just war” and a conclusion on “just peace."
Topic:
War, Law, Philosophy, and Peace
Political Geography:
Global Focus

30. What Is Public Diplomacy? Fostering Cooperation, Countering Disinformation

Author:
Alan K. Henrikson
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
Baku Dialogues
Institution:
ADA University
Abstract:
Among the various kinds of diplomacy, one of the newest to be designated with a distinct name is “public diplomacy.” This is a supportive function, for like an actor in the theatre, the public diplomat plays a part. It may be a significant part, but rarely if ever is it the ‘lead.’ Public diplomacy assists leaders and senior officials of governments and of international organizations by presenting and explaining their policies and, more broadly, managing the communications aspects of their strategies. Public diplomacy work—the role of which is mainly informational—nowadays has included cultural interaction and educational exchange as well. For some countries, those functions have been handled somewhat separately, even at arm’s length, from political representation and policy promotion (e.g., the British Council, Alliance Française, Goethe Institut, Instituto Cervantes, and Confucius Institute). Public diplomacy is not, I wish to emphasize, merely instrumental—a means to any end. It is a purposeful activity, with qualities that are inherent, the aims of which are not arbitrarily chosen. Public diplomacy is a purposeful activity, with qualities that are inherent, the aims of which are not arbitrarily chosen. There are objective standards in the world, including those of natural science and scholarly knowledge, to which it may owe its convincingness. Because public diplomacy operates in the judgmental realm of popular opinion, which in the globalized world of today is more and more universal in scope, it must, in order to be effective, appeal to the reason, tastes, values, and aspirations of peoples of different traditions in distant s o c i e t i e s — o v e r whom no formal or direct political authority is held or control exercised. Its objectives must be achieved noncoercively and for the most part openly, through public media and transparent private communication. It works primarily through persuasion and attraction, rather than by command, employment of force, or subterfuge. That is not to deny that manipulation can occur, as with military “information operations.” Insofar as public diplomacy succeeds in assisting a government or an organization to achieve its purposes, it is, despite its noncoerciveness, powerful. Influence over minds, from the level of the individual to that of society, is an ultimate arbiter. “Public opinion,” as Napoleon Bonaparte famously advised, “is the thermometer a monarch should constantly consult.” Today’s leaders, irrespective of the type of regime or political form in which they operate, can rise or fall according to it
Topic:
International Cooperation, Disinformation, and Public Diplomacy
Political Geography:
Global Focus

31. Foreign Interference Online: Where Disinformation Infringes on Freedom of Thought

Author:
Wesley Wark
Publication Date:
01-2024
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
“Foreign interference targeting democratic societies works not by the classic Orwellian formula of ruthless powers limiting sources of information and knowledge,” Wesley Wark writes, but by “multiplying and amplifying chosen channels of information, and attempting to corrupt the availability of true information in favour of that which is both false and harmful.” At their most intense, disinformation campaigns amount to “cognitive warfare, a hostile attempt to alter thinking.” In a social media–saturated world, these operations find many and diverse channels for disinformation’s spread, which depends on the inculcation of “fearful unknowing” in the targeted, often vulnerable, audience. A campaign’s objectives might be both direct and indirect: an aim to influence electoral outcomes could overlap with a broader goal to undermine confidence in democratic processes. Public attention to the issue of foreign state interference, as recently experienced in Canada and currently the subject of a judicial inquiry, is the first indicator that freedom of thought principles might be in play. Wark suggests ways to counter these campaigns, beginning with government taking the lead in enhancing public understanding of all national security threats, including those posed by disinformation.
Topic:
Security, Governance, Democracy, Internet, Social Media, Disinformation, and Foreign Interference
Political Geography:
Canada and Global Focus

32. Conceptualizing Global Governance of AI

Author:
Maral Niazi
Publication Date:
02-2024
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Merging artificial intelligence (AI) and global governance, global AI governance focuses on defining terms to deepen understanding, promote collaboration and create informed policies. It emphasizes multi-stakeholder and multi-level cooperation in managing AI’s global impacts. AI’s societal impacts are broad, offering exceptional benefits while carrying unintended risks. Its rise poses geopolitical challenges, affecting transparency, privacy and power dynamics in both democratic and non-democratic states. Empirical and normative research is essential in forming global AI governance, guiding ethical values and legal practices for ethical data use and unbiased algorithm development. Empirical research provides verifiable knowledge through data and experiences, highlighting regime complexities in an anarchic system of global governance, meaning a system with no central authority. Normative research examines values and norms, assessing AI systems’ trustworthiness and ethical compliance. Multilateral cooperation in global AI governance involves collaborative efforts among numerous actors to establish universally accepted norms and policies for AI. An institutional framework for global AI governance should incorporate lessons from international organizations such as the International Atomic Energy Agency and the European Organization for Nuclear Research/Conseil européen pour la recherche nucléaire to guide AI’s ethical development and deployment within and beyond national borders. ABOUT THE AUTHOR
Topic:
International Cooperation, Governance, Multilateral Relations, Artificial Intelligence, and Emerging Technology
Political Geography:
Global Focus

33. The Climate Policy Crisis: Governing Disinformation in the Digital Age

Author:
Andrew Heffernan
Publication Date:
02-2024
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Climate change is the quintessential global challenge, while also perhaps the issue that has experienced the most polarization in recent years. Therefore, understanding the way broader global politics manifest through tools such as social media and consequently impact policy making, becomes integral to effectively fighting the climate crisis. While climate change must be countered through effective mitigation and adaptation approaches at the local, national and global levels, implementing effective policies to do so can only be accomplished through buy-in by a critical mass of citizens. Disinformation campaigns have, however, increasingly been targeted at issues that fall along partisan lines and climate change has been a particularly polarizing issue. Research presented in this paper demonstrates ways in which efforts to misinform and disinform the public are becoming both increasingly prevalent as well as effective. The polarization that is being stoked by misinformation campaigns on social media is the most serious threat to fighting climate change. New policies and approaches for policy development and implementation will be required to match the alacrity of the proliferating online flows of misinformation and disinformation.
Topic:
Climate Change, Governance, Disinformation, and Polarization
Political Geography:
Global Focus

34. Data Disquiet: Concerns about the Governance of Data for Generative AI

Author:
Susan Ariel Aaronson
Publication Date:
03-2024
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
The growing popularity of large language models (LLMs) has raised concerns about their accuracy. These chatbots can be used to provide information, but it may be tainted by errors or made-up or false information (hallucinations) caused by problematic data sets or incorrect assumptions made by the model. The questionable results produced by chatbots has led to growing disquiet among users, developers and policy makers. The author argues that policy makers need to develop a systemic approach to address these concerns. The current piecemeal approach does not reflect the complexity of LLMs or the magnitude of the data upon which they are based, therefore, the author recommends incentivizing greater transparency and accountability around data-set development.
Topic:
Accountability, Transparency, Artificial Intelligence, Data Governance, and Large Language Models (LLMs)
Political Geography:
Global Focus

35. New Logics for Governing Human Discourse in the Online Era

Author:
Richard Reisman
Publication Date:
04-2024
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
The democratization of access to online media tools is driving a transformation of human discourse that is disrupting freedom of thought. This shift in the flow of thought is being encoded into a global infrastructure dominated by commercial platform companies whose operations co-opt individual, collective and governmental agency. In this policy brief, Richard Reisman argues that attempts to govern these tools are relying on “yesterday’s logic.” The new logic, largely unrecognized, relates to acceleration of word-of-mouth propagation, much like rumouring, putting the listener’s freedom of impression, rather than the speaker’s freedom of expression, at the fore. Reisman writes that governance is needed to restore individual and community agency, which could re-energize the vision of technology as “bicycles for our minds,” enabling individuals and society to flourish and maintain resilience in an increasingly challenging world.
Topic:
Governance, Democracy, Internet, Emerging Technology, and Discourse
Political Geography:
Global Focus

36. Breaking Barriers: The Link between Stronger IPRs and Trade in Services

Author:
Olena Ivus
Publication Date:
05-2024
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
As innovation becomes more prevalent and systematically integrated into service industries, service firms increasingly turn to intellectual property rights (IPRs) as a means of safeguarding their intellectual assets. The reliance on these legal rights becomes even more pronounced when service companies endeavour to expand their global reach and tap into international markets where the protection of IPRs is relatively weak, and imitation is more widespread. Disparities in the level of IPRs protection and enforcement across countries can pose significant barriers to cross-border trade and investment in service sectors where the safeguarding of intellectual property (IP) is fundamental. The risk of IP infringement and the limited protection afforded to patents, copyrights and trademarks in certain countries can discourage the expansion of businesses into these markets, limiting the overall growth and accessibility of services in those areas. This paper studies the relationship between trade in services and the strength of IPRs protection at the international level. More specifically, it uses data for 94 countries over the period of 1990–2010 to put forward new empirical evidence about the impact of global strengthening of IPRs protection on cross-border trade in services.
Topic:
Intellectual Property/Copyright, Investment, Trade, and Protection
Political Geography:
Global Focus

37. State Intervention in the Public and Private Spheres in Times of Crisis: Covid-19 Pandemic

Author:
Dilber Akbaba
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
The Rest: Journal of Politics and Development
Institution:
Centre for Strategic Research and Analysis (CESRAN)
Abstract:
Especially in times of crisis, states can influence the public and private spheres by relying on their legitimacy power. Aside from its emergence and importance for humanity, the state reshapes individuals' private and public spheres by influencing them. The reshaped public and private spheres undoubtedly require a new perspective. Whether these areas have changed, the fate of their boundaries and the approach of individuals and the state to these areas may differ between ordinary and extraordinary periods. In the emergence of differences, the current understanding of governance is as important as how the state perceives its people and how the people perceive the state. Because these perceptions affect the parties' expectations in ordinary and crisis periods, criticism or acceptance develops due to the actual practices. In this article, the Covid-19 pandemic has been defined as a crisis period, and the Republic of Türkiye has been chosen as the subject whose policies implemented during the crisis period have been observed. The study examines the state's authority to intervene in the public and private sphere boundaries during the Covid-19 pandemic and the changes in these boundaries. Within the scope of the article, the study carried out in this direction examines how the edges of the public and private spheres were affected by the state's interventions/practices/policies during the Covid-19 crisis.
Topic:
Crisis Management, COVID-19, Public Space, Private Space, and State Intervention
Political Geography:
Global Focus

38. 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

39. 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

40. 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