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21. The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Force

Author:
Erika de Wet
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article examines how two prominent criteria for permissible military intervention by invitation as developed in doctrine are currently implemented by states as well as how this impacts the prohibition of the use of force. Controversies concern, in particular, the determination of the authority entitled to extend the invitation, as recently illustrated by the Russian claim that its military intervention in the Crimea was based on the invitation of (former) President Yanukovych. Does the inviting authority need to enjoy democratic legitimacy and/or be in de facto control of a state’s territory? Furthermore, it remains highly contentious whether an invitation for forcible intervention may be extended during a civil war. By analysing modern state practice in Africa – where most of the contemporary invitations for military assistance occur – and comparing it with recent developments in other regions, the author concludes that effective control rather than democratic legitimacy is (still) the point of departure for determining the legitimate government of a state. Once recognized, incumbent governments enjoy a large discretion when inviting military assistance from foreign governments. They seem to retain the right to military assistance even in situations of civil war and while exercising limited control over the territory.
Topic:
International Law, Sovereignty, United Nations, and Military Intervention
Political Geography:
Africa, Russia, Europe, and Crimea

22. Nordstream 2: Too Many Obstacles, Legal, Economic, and Political to be Delivered?

Author:
Alan Riley
Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
Germany may be seeking to expedite the construction of Russia's Nordstream 2 pipeline by shielding the controversial project from tough the laws of the European Union (EU), according to a transcript of talks between Russian President Vladimir Putin and German Energy Minster Sigmar Gabriel, Atlantic Council Senior Fellow Alan Riley writes in "Nordstream 2: Too Many Obstacles, Legal, Economic, and Political to Be Delivered?".
Topic:
Energy Policy, International Law, International Trade and Finance, Natural Resources, and European Union
Political Geography:
Russia and Europe

23. Cyber technology at war: Challenges to international regulations

Author:
Kenneth B. Moss
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
Cyber technology could change not only the conduct of war itself; it could alter the way governments and others initiate hostilities and war. Existing international laws need to be reviewed to make sure they address the capabilities and accountability of cyber operations in conflict and war, and the participation of China, Russia and other states in negotiations is critical.
Topic:
International Law and Science and Technology
Political Geography:
Russia and China

24. Sleepy Side Alleys, Dead Ends, and the Perpetuation of Eurocentrism

Author:
Stefan B. Kirmse
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
My reading of The Oxford Handbook of the History of International Law, edited by Bardo Fassbender and Anne Peters, has undoubtedly been framed by my own field of research. This field is not international law, but the historical anthropology of Russia and Eurasia and includes changing legal practice in a context of increasing global connectedness. My review is therefore not intended to relate the Oxford Handbook to the wider historiography of international law, which I leave to other contributions in this symposium; it is meant to offer an external perspective on the question of Eurocentric analysis. The editors of the Handbook have identified Eurocentrism as one of the key challenges to overcome in the study of international law.
Topic:
International Law
Political Geography:
Russia and Persia

25. New Great Powers and International Law in the 21st Century

Author:
Congyan Cai
Publication Date:
11-2013
Content Type:
Journal Article
Abstract:
Great Powers (GPs) have always been prominent in international relations. Their rise and fall often lead to structural transformations of international relations. In the past decade, the world has witnessed the rise of some New GPs (NGPs), which primarily consist of Brazil, Russia, India, China, and South Africa (BRICS). While the effect of the supremacy of the United States, an Old GP (OGPs), on international law has been examined extensively since 2000, international lawyers have hardly discussed how the rise of NGPs may shape and reshape international law. This article endeavours to examine the implications for such rise that stem from the rise of NGPs. In particular, as an 'insider' from an NGP, the author reviews the latest development in China's international legal policy and practice.
Topic:
International Relations and International Law
Political Geography:
Russia, United States, China, India, South Africa, and Brazil

26. Disarming Syria

Author:
Jean Pascal Zanders
Publication Date:
09-2013
Content Type:
Policy Brief
Institution:
European Union Institute for Security Studies
Abstract:
Since the chemical weapons (CW) attacks on the Ghouta district just outside Damascus on 21 August, political developments have taken several unexpected twists leading Syria to become the 190th party to the Chemical Weapons Convention (CWC). Russia and the United States reached agreement on a framework for the dismantlement of Syria's chemical warfare capacity, in which the Organisation for the Prohibition of Chemical Weapons (OPCW) as well as the United Nations will play central roles. Western threats of military force – although they undeniably contributed to Syria's acceptance of the deal – have receded for the time being. And while the deferral of international justice regarding the Ghouta strikes will frustrate many parties, the emphasis on disarmament may actually open up the prospect of a negotiated end to the conflict.
Topic:
Arms Control and Proliferation, International Law, and Weapons of Mass Destruction
Political Geography:
Russia, United States, Middle East, Arabia, and Syria

27. Moment of Truth: Call to action ahead of Syria peace talks, and beyond

Author:
Daniel Gorevan
Publication Date:
10-2013
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
The world was rightly appalled by the use of chemical weapons in Damascus on 21 August 2013. If the recent diplomatic initiatives by the USA and Russia mean that these weapons are never again used, it would be a great achievement. But it won't be enough.
Topic:
Foreign Policy, Crime, Human Rights, International Law, and Weapons of Mass Destruction
Political Geography:
Geneva, Russia, Middle East, Arabia, and Syria

28. The future of the CWC in the post-destruction phase

Author:
Jean Pascal Zanders, Richard Guthrie, Cindy Vestergaard, Ralf Trapp, and Yasemin Balci
Publication Date:
03-2013
Content Type:
Working Paper
Institution:
European Union Institute for Security Studies
Abstract:
At the 17 th Conference of the States Parties to the Chemical Weapons Convention (CWC) held in November 2012, the subject generating the most debate concerned the place of non-governmental organisations (NGOs) in CWC meetings and whether their role should be rather passive (i.e. 'attend') or be characterised by more active involvement (i.e. 'participate'). The latter option would allow them to address States Parties at meetings or organise side events within (rather than outside) the conference building. Addressing one of the core functions of the disarmament treaty, Libya, Russia and the United States reported in detail on progress and issues affecting the destruction of their respective chemical weapon (CW) stockpiles. Despite the fact that all three countries had missed the ultimate destruction deadline of April 2012, no state raised its flag to comment, question or protest about the delays. When the negotiators of the CWC concluded their business in September 1992 and decided to forward the treaty text to the UN General Assembly (UNGA) for assent, missing the destruction deadlines was universally viewed as one of the worst possible breaches of the CWC. In practice, a robust verification regime combined with permanent in - formation sharing, voluntary transparency beyond the requirements in the Convention, and dialogue over the years yielded commonly approved decisions to extend the destruction deadlines with strict monitoring and reporting requirements. Confident that the holders of the three largest declared CW stockpiles have no malicious intent, States Parties can continue with the implementation of all dimensions of the CWC without recriminations or deadlock.
Topic:
Arms Control and Proliferation, International Cooperation, International Law, International Organization, and Nuclear Weapons
Political Geography:
Russia, United States, and Libya

29. Empty Promises? Obama's Hesitant Embrace of Human Rights

Author:
Kenneth Roth
Publication Date:
03-2010
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
After eight years of the Bush administration, with its torture of suspected terrorists and disregard for international law, Barack Obama's victory in the November 2008 U.S. presidential election seemed a breath of fresh air to human rights activists. Obama took office at a moment when the world desperately needed renewed U.S. leadership. In his inaugural address, Obama immediately signaled that, unlike Bush, he would reject as false "the choice between our safety and our ideals." Obama faces the challenge of restoring the United States' credibility at a time when repressive governments -- emboldened by the increasing influence of authoritarian powers such as China and Russia -- seek to undermine the enforcement of international human rights standards. As he put it when accepting the Nobel Peace Prize, the United States cannot "insist that others follow the rules of the road if we refuse to follow them ourselves." His Nobel speech in Oslo also affirmed the U.S. government's respect for the Geneva Conventions. "Even as we confront a vicious adversary that abides by no rules," Obama argued, "I believe the United States of America must remain a standard bearer in the conduct of war. That is what makes us different from those whom we fight. That is a source of our strength." When it comes to promoting human rights at home and abroad, there has undoubtedly been a marked improvement in presidential rhetoric. However, the translation of those words into deeds remains incomplete. AN INCOMPLETE REVERSAL Obama moved rapidly to reverse the most abusive aspects of the Bush administration's approach to fighting terrorism. Two days after taking office, he insisted that all U.S. interrogators, including those from the CIA, abide by the stringent standards adopted by the U.S. military in the wake of the Abu Ghraib debacle. He also ordered the shuttering of all secret CIA detention facilities, where many suspects "disappeared" and were tortured between 2001 and 2008. Finally, he promised to close the detention center at Guantánamo Bay, Cuba, within a year.
Topic:
Human Rights and International Law
Political Geography:
Russia, United States, and China

30. "Traditional Gap" in the ICJ's Advisory Opinion on Kosovo

Author:
Mushfig Mammadov
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
The Caucasian Review of International Affairs
Institution:
The Caucasian Review of International Affairs
Abstract:
On February 17, 2008 Kosovo, hitherto the internationally recognized territory of Serbia, unilaterally declared its independence. Three of the five permanent members of the UN Security Council (the USA, UK and France) immediately recognized the independence of Kosovo, while the other two, Russia and China, sharply criticized Kosovo's step and have thus far refused to recognize Kosovo as an independent state. In October 2008 the UN General Assembly requested the International Court of Justice (ICJ), upon the initiative of Serbia, to render an advisory opinion with regard to whether the unilateral declaration of independence adopted by the provisional institutions of Kosovo was in accordance with international law. In its non-binding advisory opinion, delivered on July 22, 2010 the Court stated that the unilateral declaration of independence of Kosovo did not violate international law. Nonetheless, this conclusion is not so clear and simple as it at first might seem, nor so “dangerous”, as it was described in the media and in some reactions, especially upon a closer reading of the entire text of the advisory opinion.
Topic:
International Law
Political Geography:
Russia, China, Kosovo, United Nations, and Serbia