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28321. After Liberation

Author:
Hardin Lang and Muath Al Wari
Publication Date:
07-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
Two years on, the U.S.-led campaign against the Islamic State, or IS,* has achieved some important gains. This is particularly true in Iraq, where the liberation of Fallujah last month has focused attention on Mosul—the capital of the so-called caliphate. But military victory is only half the battle. As the Islamic State is pushed out of Iraqi cities and towns, the communities it ruled must be integrated back into Iraq. Nature abhors a vacuum; the U.S.-led Global Coalition to Counter ISIL should do more to support the Iraqi government in filling that vacuum. For its part, the Iraqi government itself must display a greater commitment to inclusive governance that reinforces its own legitimacy. Failure to do so would risk squandering hard-won gains by setting the stage for the Islamic State—or its successor—to return. It also could undercut U.S. strategic goals in the Middle East more broadly. The key will be to close the gaps in resources and priority afforded to the different elements of the global coalition’s campaign. That campaign is organized along five lines of effort: military efforts, counter-finance, stopping the flow of foreign fighters, stabilization, and strategic messaging. The military line, otherwise known as Operation Inherent Resolve, has cut the territory controlled by the Islamic State almost in half. Other key coalition lines have yielded less robust results. In particular, efforts to stabilize territory in the wake of combat operations have not kept pace with progress on the battlefield—even as that progress makes stabilization all the more urgent.
Topic:
Military Strategy, Islamic State, Political stability, and State Building
Political Geography:
Iraq, Middle East, North America, and United States of America

28322. Turkey-Iran Relations

Author:
Bülent Aras and Emirhan Yorulmazlar
Publication Date:
07-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
Simplistic binary readings generally fail to explain the trajectory of Turkish-Iranian relations. The geostrategic rivalry between these two regional powers has deep historical roots, is subject to long-term patterns, and is amenable to realignments as a result of shifts in regional and international balances of power. For these reasons, assessing Turkish-Iranian relations requires a broader understanding than the prevalent narrow topical analysis provides.
Topic:
Foreign Policy, Diplomacy, International Cooperation, and Military Strategy
Political Geography:
Europe, Iran, Turkey, Middle East, and Asia

28323. Could the G-20 Become Coherent on Climate?

Author:
Gwynne Taraska and Henry Kellison
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
The G-20—a forum of 20 of the world’s largest economies—has a record of ambivalence on the topic of climate change. One case in point is the disconnect between the group’s efforts to address climate risks and its efforts to reduce the shortfall in global infrastructure investment. On one hand, the G-20 is aware that investing in projects that are high-carbon or vulnerable to the physical effects of rising temperatures carries risks that could have a destabilizing influence on the global economy. On the other hand, the G-20 is seeking to narrow the infrastructure gap in the absence of a guiding principle that infrastructure investments must be climate-compatible. Members of the G-20 Argentina Australia Brazil Canada China European Union France Germany India Indonesia Italy Japan Korea Mexico Russia Saudi Arabia South Africa Turkey United Kingdom United States In September 2016, world leaders will convene for the G-20 summit in Hangzhou, China. One focus of the climate agenda will be ensuring that the Paris Agreement takes effect in the near term. Negotiated by more than 190 nations and finalized in December 2015, the agreement set many collective goals, including limiting global warming to 1.5 degrees Celsius above preindustrial levels and ensuring that global financial flows are compatible with low-greenhouse gas development.
Topic:
Climate Change, Energy Policy, Environment, and International Cooperation
Political Geography:
Russia, United States, Japan, China, United Kingdom, Indonesia, Turkey, India, South Korea, France, Brazil, Argentina, Germany, Saudi Arabia, Australia, Italy, and Mexico

28324. State Legitimacy, Fragile States, and U.S. National Security

Author:
CAP National Security and International Policy
Publication Date:
09-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
When the 45th president of the United States takes office in 2017, he or she will inherit a century-old mantle of global leadership. The new president will immediately confront questions about America’s influence in the world and its ability to protect American interests and maintain global peace and stability. Today, some of the greatest threats to U.S. national security originate from the very forces of growing interconnectedness that the post-World War II order has enabled. For years, global businesses and expanding communications have been connecting the peoples and nations of the world together at faster and faster rates, and these changes have produced tremendous opportunities and prosperity in the United States and around the world. But at the same time, the rise of global interconnectedness means that it has become easier for transnational security threats—from terrorism to organized crime—to spread. These threats, which increasingly overlap to comprise an illicit world that parallels the state system, put at risk the international system that has upheld peace and prosperity. In addition, other transnational threats—from climate change to health pandemics—increasingly threaten the United States and countries around the world and require coordinated, effective efforts to tackle them. The majority of these threats originate in or are exacerbated by areas where a state’s citizens do not see their government as legitimate, or where legitimate governments are unable to extend their lawful powers across their entire geographies. From states in open conflict in the Middle East to states in Latin America and Africa that still struggle with vast ungoverned territories, the lack of legitimate governing institutions is an invitation for illicit transnational forces to grow. Terrorists find their greatest safe haven in countries where governments cannot or will not control their territory; pandemic diseases go undetected and untreated due to governments not properly addressing health care needs; organized criminal groups can create regional and global networks when corrupt governments are complicit or absent; and climate change wreaks even greater havoc when there is no effective government to take steps to mitigate the threats. The missing links in all of these cases are legitimate governing institutions that can reflect the will of their people, respond to their needs, and extend their authority across the entire populace.
Topic:
Foreign Policy, National Security, Military Strategy, Fragile States, and Legitimacy
Political Geography:
Global Focus

28325. Charting a New Course for the U.S.-China Relationship

Author:
Melanie Hart
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
The relationship between the United States and China is at a critical juncture. On the Chinese side, Beijing is shifting toward a more proactive foreign policy stance that aims to expand China’s influence in the Asia-Pacific region and around the world. This proactive approach is opening up new opportunities for U.S.-China cooperation in some areas but creating new tension in others. On the U.S. side, Washington is trying to figure out how to deal with a new, more confident and engaged China at a time when U.S. leaders are also realizing that some of the assumptions that guided U.S. policy toward China for decades may no longer apply. It is increasingly unclear whether past U.S.-China interactions can be used as a blueprint for the future, and that is creating a new nervousness. At a time of rising uncertainty, one resource both nations can draw on is a strong cohort of U.S. and Chinese foreign policy experts who have dedicated their careers to understanding and guiding this critical bilateral relationship. Exchanges at the mid-career level are becoming particularly interesting. Today’s mid-career U.S.-China experts have had more opportunities to travel between the United States and China to live, work, and study than any generation before them. Many of these experts are bilingual: The Americans speak Mandarin, the Chinese speak English, and they can communicate in a mix of the two languages to get their points across as clearly as possible. Because they began their careers in an era of unprecedented openness on both sides, many have known one another for years and can debate sensitive issues with a frankness that can be harder to achieve at senior leadership levels.
Topic:
Security, Foreign Policy, Diplomacy, Energy Policy, and International Cooperation
Political Geography:
China, Asia, North America, and United States of America

28326. Facilitating a Political Transition in Syria

Author:
Omar Sheira
Publication Date:
03-2016
Content Type:
Policy Brief
Institution:
Global Political Trends Center (GPoT)
Abstract:
The Arab Spring shook the fragile foundation of Syria, effectively highlighting the pre-existing sentiments of conflict and separatism along sectarian, ethnic and tribal lines. Refusing to respond to the calls of nationwide protests, President Bashar al-Assad responded with unrestricted force, effectively plunging the country into a fully-fledged civil war, very similar to what Hobbes described as the state of nature. Five years later, the war has all but damaged Syria's security, political, economic and social domains, causing more than $200 billion of losses (Abdul Razzaq, 2015) and spilling over to cost nearby countries an estimated $35 billion (World Bank, 2016). In terms of human suffering, it has claimed the lives of 250,000-470,000, injured over 1-2 million Syrians, and forcefully displaced 54% of the pre-war population, including 4.6 million people who fled the country and 6.6 million others who were internally displaced by violence (UNOCHA, 2016). The intensifying conflict, coupled with the rise of the Islamic State in Iraq and Syria (ISIS), has transformed Syria into an international stage for the proxy confrontation between local, regional and international powers, including the United States, Russia, Turkey, Qatar, Saudi Arabia, Iran, and Lebanon, as each of them supports various Syrian players in the conflict. This has led to the inability of any party to achieve an absolute military victory and prolonged the conflict, risking the expansion of its military dimensions and political consequences.
Topic:
Syrian War, Crisis Management, Proxy War, and Transition
Political Geography:
Middle East and Syria

28327. Policy Recommendations for Israel-Turkey Reconciliation

Author:
GPoT Center and Mitvim
Publication Date:
07-2016
Content Type:
Policy Brief
Institution:
Global Political Trends Center (GPoT)
Abstract:
Engaged in a series of policy dialogues since 2012, Mitvim – the Israeli Institute for Regional Foreign Policies and the Global Political Trends (GPoT) Center believe that after the signing of the Israel-Turkey agreement and the restoration of full diplomatic relations, both countries should consider the following policy recommendations in order to ensure successful reconciliation.
Topic:
Diplomacy, Treaties and Agreements, Bilateral Relations, and Reconciliation
Political Geography:
Turkey, Middle East, Palestine, and Israel

28328. Turkey as a Development Partner in Africa

Author:
Michael Asiedu
Publication Date:
10-2016
Content Type:
Policy Brief
Institution:
Global Political Trends Center (GPoT)
Abstract:
Irrespective of Turkey’s lack of colonial history in Africa, Turkey’s foreign policy has progressively evolved to include a key focus on Sub-Saharan Africa in terms of development and humanitarian assistance. As a new donor country in the development arena Turkey’s activities towards SubSaharan Africa has enjoyed significant boosts. This policy brief takes a snapshot of Turkey’s involvement on the continent in terms of political, economic and the development aid dispensations citing why the continent remains an attraction for many emerging donor countries. It gives options to further solidify Turkey’s relations whilst highlighting a key challenge that might hinder Turkey’s pace on the continent.
Topic:
Foreign Policy, Development, and Partnerships
Political Geography:
Africa, Turkey, and Middle East

28329. Turkish-Israeli Relations: Crises and Cooperation

Author:
Oğuz Çelikkol
Publication Date:
11-2016
Content Type:
Commentary and Analysis
Institution:
Global Political Trends Center (GPoT)
Abstract:
Several factors have always played an important role in Turkish-Israeli relaons since the two countries established diplomac relaons in 1949. First of all, both countries have been in the Western camp and have a special relaonship with the United States. Turkey's recognion of the importance of the Jewish lobby in US polics and Turkey's contacts with this powerful lobby predated its diplomac contacts with the State of Israel. When Turkey faced the expansionist threat of the Soviet Union just aer the Second World War and wished to establish close military es with the United States, it also iniated contacts with the American Jewish lobby, and recognized the newly established State of Israel. Although Turkey voted against the Palesne paron plan of the United Naons and the division of Palesnian territories into Arab and Jewish states in 1947, it became the first regional power to recognize the Israeli State, just a few weeks before the Turkish foreign minister's first official visit to Washington in 1949. Turkey joined the US-led North Atlanc Treaty Organizaon (NATO) in 1952 and formed special diplomac and military es with the US during the 1950s.
Topic:
Diplomacy, International Cooperation, Bilateral Relations, History, and Crisis Management
Political Geography:
Turkey, Middle East, Israel, and Palestine

28330. The UN and Sustainable Peace in Syria - Still Worth Debating

Author:
Patrycja Sasnal
Publication Date:
11-2016
Content Type:
Working Paper
Institution:
Global Political Trends Center (GPoT)
Abstract:
Against all odds and despite its unimpressive effectiveness record, the United Nations remains the sole formal authority willing to and capable of facilitating a sustainable peace in Syria. The paper will analyse the role of the United Nations in Syria, and that of the major powers that most influence the UN and global events. It will examine to what extent past conflicts and their resolution are relevant to today’s Syrian war and whether the UN has learnt from its engagement in previous conflicts and scholarly research on it. It also argues that the Trump administration may be ready to let Bashar al-Assad retake the urbanised belt of Western Syria and then push the UN to mediate in the conflict with only a fraction of the opposition involved, which would de facto legitimise the government in Damascus anew, or recognise the end of the civil war altogether.
Topic:
United Nations, Syrian War, Crisis Management, International Community, and Peace
Political Geography:
Middle East and Syria

28331. Time to Seal the Israel-Turkey Deal

Author:
Mensur Akgün, Muhammed Ammash, Nimrod Goren, Gabriel Mitchell, and Sylvia Tiryaki
Publication Date:
01-2016
Content Type:
Commentary and Analysis
Institution:
Global Political Trends Center (GPoT)
Abstract:
Turkey and Israel face a unique opportunity: to reconcile after five years of stagnant bilateral relations. We, leaders of Israeli and Turkish think tanks that have been working together since 2012 to support the mending of Israel-Turkey relations, welcome this development and call on the leaders of both countries to seize this opportunity. In mid-December, officials from both countries met in Switzerland in order to finalize principles for an eventual agreement to normalize ties. Reports confirm that an outline and framework for the reconciliation agreement has indeed been reached, although some important issues – such as the blockade on the Gaza Strip – are still unresolved. Israel and Turkey came close to sealing a reconciliation deal on several occasions since the 2010 Mavi Marmara incident, most recently in the spring of 2014. However, while diplomats managed to find formulas that would overcome the differences between the countries, political leadership in Ankara and Jerusalem was hesitant to put the agreement into practice. This time around, there seems to be a convergence of economic and geostrategic interests, as well as political will on both sides.
Topic:
Development, Diplomacy, Treaties and Agreements, and Bilateral Relations
Political Geography:
Turkey, Middle East, Israel, and Palestine

28332. Exercising or Evading International Public Authority? The Many Faces of Environmental Post-Treaty Rules

Author:
Tim Staal
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Post-treaty instruments (PTIs) are informal instruments adopted by consensus of the treaty parties as follow-up decision to a particular provision in a treaty. PTIs are potentially significant instruments for advancing environmental global governance, as the treaty parties may use them to transform indeterminate treaty provisions into more specific environmental rules and decisions. While a number of PTIs are rightly characterized as exercises of authority, this article seeks to demonstrate how certain environmental PTIs with rule-setting character (‘PTRs’) amount to evasions of authority by reducing international authority over States’ environmental policies, or alleviate rather than tighten the treaty parties’ obligations, through their content or legal status. First, some PTRs avoid authoritative language, requiring little or no concrete action by the treaty parties. Some treaty-based assignments to adopt PTRs are never even acted upon. Other PTRs simply water down the obligations of the treaty parties compared to the underlying treaty provisions. Second, PTRs possess an ambiguous legal status both in legal doctrine and in the practice of domestic and EU courts. The article further argues that consensual decision-making may well be at the root of this ambivalent practice. As a broader contribution to the debate about International Public Authority (IPA), the proposition is advanced that we need to scrutinize more carefully what kind and degree of authority an instrument exercises exactly – or not. Evasions of authority and alleviations of obligations – which can be conceived as a special type of exercising authority through inaction – have important implications for what future legal frameworks of international public law must deliver in terms of effective and legitimate procedural design.
Topic:
Diplomacy, Environment, International Cooperation, Treaties and Agreements, Governance, and European Union
Political Geography:
Europe

28333. Pandemic Declarations of the World Health Organization as an Exercise of International Public Authority: The Possible Legal Answers to Frictions Between Legitimacies

Author:
Pedro A. Villarreal
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The institutional decisions regarding the 2009–2010 influenza A(H1N1) pandemic displayed how the World Health Organization’s (WHO) role as the international organization in charge of coordinating the pandemic response amounts to an exercise of authority. Notably, the 11 June, 2009 Pandemic Declaration was grounded in the WHO’s guidelines that do not have a binding nature according to international law. However, this is not an obstacle for considering them as an act of authority, since their effects can constrain the decision-making of States. If these non-binding acts have an authoritative nature, then it is necessary to address various legitimacy issues that may be present. This is where the concept of international public authority (IPA) can prove useful, since it enables to combine the non-binding nature of Pandemic Declarations and the respective guidelines with broad legally-oriented figures such as transparency and accountability. The controversies surrounding the 2009 Pandemic Declaration illustrate how the strictly technical-scientific elements that led to such a decision were not necessarily harmonious with other aspects more related to political decision making in general, such as transparency and accountability. This can be considered as an example of how so-called ‘technocratic legitimacy’ sometimes generates friction with lato sensu ‘political legitimacy’. As the 2009–2010 pandemic period unraveled, it became clear that expertise-based legitimacy is not sufficient in itself to consider the act as generally legitimate. On the contrary, the strongest criticisms directed at the decision-making process of the WHO during this event were leveled against deficits of transparency and accountability. This article purports to discuss the issue of how both types of legitimacies, technical-scientific and political, are necessary components for deeming Pandemic Declarations as legitimate enough, since they amount to an exercise of international public authority.
Topic:
International Law, World Health Organization, Public Health, and H1N1
Political Geography:
Global Focus

28334. vSoft Authority against Hard Cases of Racially Discriminating Speech: Why the CERD Committee Needs a Margin of Appreciation Doctrine

Author:
Matthias Goldmann and Mona Sonnen
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article argues that the Committee for the Elimination of All Forms of Racial Discrimination (CERD Committee), as it exercises quasi-judicial authority, should consider applying standards of reasoning similar to those of international courts. In particular, with respect to racially discriminating speech, the legitimacy of the CERD Committee’s Communications would benefit from a margin of appreciation doctrine that leaves domestic authorities greater leeway in finding their strategy to counter the threat of anti-migrant popular sentiment and gives recognition to alternative approaches beyond criminal persecution. This allows a context sensitive approach that might do justice to both the freedom of expression and the need for a more effective protection against racially discriminating speech.
Topic:
Race, Freedom of Expression, Discrimination, and Hate Speech
Political Geography:
Global Focus

28335. The UN Declaration on the Rule of Law and the Application of the Rule of Law to the UN: A Reconstruction From an International Public Authority Perspective

Author:
Clemens A. Feinaugle
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The UN Declaration on the rule of law at the national and international levels seems to open new possibilities for listed terrorist suspects claiming legal protection or those seeking damages for harm caused by UN peacekeepers because the Declaration provides that the rule of law applies to the United Nations itself. However, the Declaration raises questions regarding the elements of the rule of law, its legal basis, and binding nature. This paper attempts a reconstruction of the UN Declaration and relevant UN practice under an international public authority perspective to explain and develop elements of the rule of law applicable to the UN, to determine its legal basis, and to investigate its binding nature. It argues, that since measures under Chapter VII must be effective if the UN wants to fulfil its purpose (Article 1 (1) UN Charter), the UN is bound by the rule of law insofar as “effective” measures require that related legitimacy concerns are addressed by rule of law safeguards.
Topic:
International Law, Terrorism, United Nations, Peacekeeping, and Legitimacy
Political Geography:
Global Focus

28336. The Incoming Trump Administration

Author:
Eric Lerhe
Publication Date:
12-2016
Content Type:
Policy Brief
Institution:
Centre for the Study of Security and Development, Dalhousie University
Abstract:
The election of President Trump provoked considerable disarray. His pre-election warning that states not meeting NATO defence spending targets might be denied US protection has resulted in a member of the Bundestag’s Committee of Foreign Affairs arguing for a non-US nuclear deterrent. Lithuania’s Foreign Minister warned of a Russian provocation against the Baltic states timed to occur prior to the President-elect taking office. Trump's parallel calls for greater Korean and Japanese military contributions, including his readiness to accept their nuclear self-arming, had the Tokyobased Diplomat predicting region-wide mayhem ranging from the greater potential for climatebased conflict to the increased probability of China opening hostilities with Taiwan. That at least one election declaration – a commitment to withdraw from the Trans-Pacific Partnership – may have stemmed from an astonishing lack of understanding was also of concern: in debate with US Senator Paul Ryan, the President-elect seemed to be criticizing the TPP in part because he thought China was included. Closer to home, Trump’s threat to renegotiate the North American Free Trade Agreement provoked calls within Canada to counter this by increasing its own defence spending to the 2% of GDP NATO target and scrapping supply management.
Topic:
Foreign Policy, NATO, Elections, and Donald Trump
Political Geography:
Russia, China, North America, and United States of America

28337. Judgement Day for ISIL and What It Would Mean for Canada

Author:
Dave Murray
Publication Date:
10-2016
Content Type:
Policy Brief
Institution:
Centre for the Study of Security and Development, Dalhousie University
Abstract:
Despite the carnage wrought by ISIL around the world, the days appear numbered for its caliphate in Syria and Iraq. We are likely talking the shorter to medium term at most. ISIL faces intense military pressure on all fronts. It continues to lose territory and its leadership figures are being targeted and killed. Increasingly ISIL faces significant challenges in replenishing its losses due to efforts by Turkey and most nations internationally to block the flow of foreign fighters into the caliphate. As leadership figures are eliminated, internal factionalism will create serious stresses and vulnerabilities. The forces aligned against ISIL are powerful, despite conflicting agendas. Add to this reports of financial problems, including a strained ability to pay its militants, and the result is a picture of an entity on a downward trajectory. This in no way means that the caliphate or its extremist message will die easily or that we are nearing an end to the scourge of ISIL inspired terrorism – only that its ability to sustain itself territorially has limits. If one accepts the above assessment, now is the time to consider what this will mean. Now is the time for thinking and planning directed at dealing with the eventual collapse of a self-proclaimed state in which countless thousands have been radicalized, traumatized, received military and terrorists training, let alone the reality of child soldiers and intense psychological scarring caused by ISIL.
Topic:
Terrorism, Radicalization, Islamic State, Conflict, and Foreign Fighters
Political Geography:
Iraq, Europe, Turkey, Middle East, Canada, Syria, and United States of America

28338. Towards a New International Law of the Atmosphere?

Author:
Peter H. Sand and Jonathan B. Wiener
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Inclusion of the topic ‘protection of the atmosphere’ in the current work programme of the UN International Law Commission (ILC) reflects the long overdue recognition of the fact that the scope of contemporary international law for the Earth’s atmosphere extends far beyond the traditional discipline of ‘air law’ as a synonym for airspace and air navigation law. Instead, the atmospheric commons are regulated by a ‘regime complex’ comprising a multitude of economic uses including global communications, pollutant emissions and diffusion, in different geographical sectors and vertical zones, in the face of different categories of risks, and addressed by a wide range of different transnational institutions. Following several earlier attempts at identifying cross- cutting legal rules and principles in this field (by, inter alia, the International Law Association, the UN Environment Programme, and the Institut de Droit International), the ILC has now embarked on a new codification/restatement project led by Special Rapporteur Shinya Murase – albeit hamstrung by a highly restrictive ‘understanding’ imposed by the Commission in 2013. This article assesses the prospects and limitations of the initial ILC reports and debates in 2014 and 2015, and potential avenues for progress in the years to come.
Topic:
Climate Change, Environment, International Law, United Nations, and Space
Political Geography:
Global Focus

28339. Law as an Antidote? Assessing the Potential of International Health Law Based on the Ebola-Outbreak 2014

Author:
Robert Frau
Publication Date:
11-2016
Content Type:
Working Paper
Institution:
The Goettingen Journal of International Law
Abstract:
The Ebola-Outbreak of 2014 has put international health law in the limelight. This contribution assesses the measures taken by the international community with regard to the outbreak of 2014 with a special focus on the World Health Organization and the UN Security Council. International law provides different actors with means to cooperate in order to fight the outbreak. The list of actors does not include the UN Security Council, which has addressed the outbreak in one resolution under chapter VII without taking any effective legal remedies. In addition, the relevant human right to health has not been addressed by actors, creating leeway in further emergencies.
Topic:
International Cooperation, United Nations, World Health Organization, Ebola, Public Health, and Pandemic
Political Geography:
Global Focus

28340. The EU Commission and the Fragmentation of International Law: Speaking European in a Foreign Land

Author:
Avidan Kent
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Abstract:
The debate on the fragmentation of International Law has been relatively dormant in recent years. However, recent events demonstrate not only that this debate should be re-awoken, but also that some key elements of this debate must be reconsidered. Notably, while the fragmentation of International Law has often been discussed from the perspective of courts and judges, this article examines the view and the impact of a different institutional actor – the Commission of the European Union. This contribution analyzes a series of amicus briefs that were submitted in a number of investment treaties-based cases. These briefs, which were recently disclosed to the author, reflect a certain radicalization of the European Court of Justice’s view concerning the place and the role of the EU’s legal system within the international legal order. This article discusses the problematic implications that the Commission’s approach may have on the international legal order, as well as possible future pathways.
Topic:
Environment, Human Rights, International Cooperation, International Law, European Union, and Trade
Political Geography:
Europe