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29722. 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
29723. Interrogations of Consent: A Reply to Erika de Wet
- Author:
- Dino Kritsiotis
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This article presents a critical engagement with the issue of force and intervention undertaken with the consent of the state in whose territory it ultimately occurs and offers a critical assessment of Erika de Wet’s article ‘The Modern Practice of Intervention by Invitation in Africa and Its Implication for the Prohibition of the Use of Force’. It considers the different interpretative approaches suggested for consent and the Charter of the United Nations’ prohibition of force as well as the principle or principles that have come to govern the issuing of valid consent in international law. The contribution turns to some of the methodological positions taken in exploring the continuing validity of the so-called ‘effective control principle’ in modern African practice, and, as it does so, it probes the utility of questions for the jus ad bellum of ‘other’ international law (such as developments within the jus in bello and the law on self-determination).
- Topic:
- International Law, Sovereignty, United Nations, and Military Intervention
- Political Geography:
- Africa and Europe
29724. Domestic Violence as a Human Rights Issue: Rumor v. Italy
- Author:
- Ronagh J.A. McQuigg
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This article focuses on the recent developments concerning domestic violence within the context of the Council of Europe. Since 2007, the European Court of Human Rights has issued a series of important judgments in cases involving domestic violence. The most recent of these is Rumor v. Italy, in which the Court issued its judgment on 27 May 2014. The article analyses this case in the context of the Court’s previous jurisprudence on domestic violence. In addition, on 1 August 2014, the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence entered into force, and the article will include a number of reflections on the potential held by this Convention. No violation of the European Convention on Human Rights was found in Rumor; however, the question of whether Italy would have been in breach of the provisions of the new Convention, to which it is a party, had this Convention been in force at the time of the relevant events, will be examined.
- Topic:
- Human Rights, International Law, Women, Gender Based Violence, and Courts
- Political Geography:
- Europe and Italy
29725. EJIL Editors’ Choice of Books 2015
- Author:
- Sarah Nouwen, Christian Tams, Jan Klabbers, and Jean d'Aspremont
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- At the end of 2014, we invited the EJIL Board members to reflect on the books that had had a significant impact on them during the year. Their contributions, posted on EJIL: Talk!, were met with great interest and curiosity. As the end of another year approaches, we decided once more to invite our Board members to look back on their reading in 2015. In the following pieces Sarah Nouwen, Christian Tams, Jan Klabbers and Jean d’Aspremont write about the books they read or re-read this year and which they found inspiring, enjoyable or even ‘must reads’ for their own work or international law scholarship in general.
- Topic:
- Human Rights, International Law, History, and Courts
- Political Geography:
- Africa, Europe, and South Sudan
29726. Surabhi Ranganathan. Strategically Created Treaty Conflicts and the Politics of International Law
- Author:
- Sabrina Safrin
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- Treaty conflicts may be inevitable, but what do we make of conflict by design? In Strategically Created Treaty Conflicts and the Politics of International Law, Surabhi Ranganathan thoughtfully explores nations’ purposeful creation of conflicts between treaties to advance their political goals and to restrict the impact of treaties to which they object. Essentially, states fight legal fire with legal fire. If they object to a multilateral treaty regime, they create another regime that effectively conflicts with, or cabins, the treaty regime that they object to rather than simply walking away.
- Topic:
- International Law, Treaties and Agreements, Book Review, and Law of the Sea
- Political Geography:
- Europe and United States of America
29727. M. Sornarajah. Resistance and Change in the International Law on Foreign Investment
- Author:
- Harm Schepel
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- In 1994, Muthucumaraswamy Sornarajah published the first edition of his treatise, The International Law on Foreign Investment. There, he sought to demonstrate that investment law as a separate branch of international law was ‘in the process of development’ and could and should be isolated for separate study. Organizing his material from the disparate sources of domestic law, contract-based arbitration and public international law along the overarching tension between the interests of developing countries and those of traditionally capital-exporting states, his stated aim was to ‘help in the identification of the nature of the disputes’, which would lead, in turn, to the ‘formulation of acceptable solutions’. The treatise was a well-timed pioneering effort that rightfully earned the author a lasting reputation as one of the founding fathers and towering figures of the academic discipline. There seems to be no one better placed, then, to ask, 20 years on, what happened or, rather, what went wrong. Investment law has developed with breathtaking speed into a (very) separate branch of international law – yes – but almost entirely on the waves of treaty-based investor–state arbitration, which has all but eclipsed contractual and domestic processes, at least in terms of academic interest. And this system has, in the eyes of Sornarajah and many others, rather spectacularly failed to lead to ‘acceptable solutions’, especially for developing countries.
- Topic:
- International Law, Treaties and Agreements, Foreign Direct Investment, Neoliberalism, and Book Review
- Political Geography:
- Europe and United States of America
29728. Mur sous ma main
- Author:
- Guillaume Landais
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- A poem by Guillaume Landais.
- Topic:
- Poem
- Political Geography:
- Europe and Global Focus
29729. The Myth of Entangling Alliances: Reassessing the Security Risks of U.S. Defense Pacts
- Author:
- Michael Beckley
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- A large literature assumes that alliances entangle the United States in military conflicts that it might otherwise avoid. Since 1945, however, there have been only five cases of what might be characterized as U.S. entanglement—the 1954 and 1995–96 Taiwan Strait crises, the Vietnam War, and the interventions in Bosnia and Kosovo in the 1990s—and even these cases are far from clear-cut. U.S. entanglement is rare because the United States, as a superpower with many allies, is capable of exploiting loopholes in alliance agreements, sidestepping commitments that seriously imperil U.S. interests, playing the demands of various allies off of each other, and using alliances to deter adversaries and allies from initiating or escalating conflicts.
- Topic:
- Diplomacy, International Cooperation, and International Security
- Political Geography:
- United States, Bosnia, Vietnam, and Kosovo
29730. A U.S.-China Grand Bargain? The Hard Choice between Military Competition and Accommodation
- Author:
- Charles L. Glaser
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- Despite the intense focus on China's rise, the United States has yet to confront the most challenging question posed by this power shift: Should it pursue a strategy of limited geopolitical accommodation to avoid conflict? U.S. policy continues to focus almost entirely on preserving the geopolitical status quo in Northeast Asia. Given the shifting power balance in Asia, however, there are strong theoretical rationales for considering whether significant changes to the status quo could increase U.S. security. A possibility designed to provide the benefits of accommodation while reducing its risks is a grand bargain in which the United States ends its commitment to defend Taiwan and, in turn, China peacefully resolves its maritime disputes in the South China and East China Seas and officially accepts the United States' long-term military security role in East Asia. In broad terms, the United States has three other options—unilateral accommodation, a concert of Asian powers, and the current U.S. rebalance to Asia. Unilateral accommodation and the rebalance have advantages that make the choice a close call, but all things considered, a grand bargain is currently the United States' best bet.
- Topic:
- Conflict Prevention, International Cooperation, International Security, and Military Affairs
- Political Geography:
- United States and China
29731. Alliance Coercion and Nuclear Restraint: How the United States Thwarted West Germany's Nuclear Ambitions
- Author:
- Gene Gerzhoy
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- When does a nuclear-armed state's provision of security guarantees to a militarily threatened ally inhibit the ally's nuclear weapons ambitions? Although the established security model of nuclear proliferation posits that clients will prefer to depend on a patron's extended nuclear deterrent, this proposition overlooks how military threats and doubts about the patron's intentions encourage clients to seek nuclear weapons of their own. To resolve this indeterminacy in the security model's explanation of nuclear restraint, it is necessary to account for the patron's use of alliance coercion, a strategy consisting of conditional threats of military abandonment to obtain compliance with the patron's demands. This strategy succeeds when the client is militarily dependent on the patron and when the patron provides assurances that threats of abandonment are conditional on the client's nuclear choices. Historical evidence from West Germany's nuclear decisionmaking provides a test of this logic. Contrary to the common belief among nonproliferation scholars, German leaders persistently doubted the credibility and durability of U.S. security guarantees and sought to acquire an independent nuclear deterrent. Rather than preferring to renounce nuclear armament, Germany was compelled to do so by U.S. threats of military abandonment, contradicting the established logic of the security model and affirming the logic of alliance coercion.
- Topic:
- Arms Control and Proliferation and Nuclear Weapons
- Political Geography:
- United States, Europe, Germany, and West Germany
29732. The Showdown That Wasn't: U.S.-Israeli Relations and American Domestic Politics, 1973–75
- Author:
- Galen Jackson
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- How influential are domestic politics on U.S. foreign affairs? With regard to Middle East policy, how important a role do ethnic lobbies, Congress, and public opinion play in influencing U.S. strategy? Answering these questions requires the use of archival records and other primary documents, which provide an undistorted view of U.S. policymakers' motivations. The Ford administration's 1975 reassessment of its approach to Arab-Israeli statecraft offers an excellent case for the examination of these issues in light of this type of historical evidence. President Gerald Ford and Secretary of State Henry Kissinger decided, in large part because of the looming 1976 presidential election, to avoid a confrontation with Israel in the spring and summer of 1975 by choosing to negotiate a second disengagement agreement between Egypt and Israel rather than a comprehensive settlement. Nevertheless, domestic constraints on the White House's freedom of action were not insurmountable and, had they had no other option, Ford and Kissinger would have been willing to engage in a showdown with Israel over the Middle East conflict's most fundamental aspects. The administration's concern that a major clash with Israel might stoke an outbreak of anti-Semitism in the United States likely contributed to its decision to back down.
- Topic:
- Foreign Policy, Regional Cooperation, International Affairs, and Domestic Politics
- Political Geography:
- United States, Israel, and Palestine
29733. Concessions or Coercion? How Governments Respond to Restive Ethnic Minorities
- Author:
- Arman Grigoryan
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- Destabilized multiethnic states and empires are environments that are highly susceptible to violent ethnonationalist conflict. Conflicts between states built on the ruins of such empires and their minorities are especially common. James Fearon has famously argued that these conflicts are the result of minorities' rational incentives to rebel, which in turn are the result of newly independent states' inability to guarantee that these minorities will not be discriminated against if they acquiesce to citizenship, as well as expectations that over time the balance of power will shift against minorities as states consolidate their institutions. States can, however, take steps to reassure their minorities. The puzzle is why they often fail to do so. In fact, states often adopt policies that confirm minorities' worst fears, pushing them toward rebellion. Such action may be precipitated by a state's belief that a minority is motivated by a separatist agenda rather than by the desire to have its concerns and grievances satisfactorily addressed. If secession is a minority's primary objective, then concessions intended to demobilize the minority will only make the state more vulnerable to future demands and separatist bids. The existence of third parties with incentives to support minority separatism exacerbates the problem. The violent and nonviolent minority disputes in post-Soviet Georgia illustrate these findings.
- Topic:
- Ethnic Government, Governance, Ethnicity, and Domestic Politics
- Political Geography:
- Europe, Asia, Georgia, and Global Focus
29734. Soft Balancing in the Americas: Latin American Opposition to U.S. Intervention, 1898–1936
- Author:
- Max Paul Friedman and Tom Long
- Publication Date:
- 08-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- In the aftermath of the 2003 U.S.-led invasion of Iraq, scholars of international relations debated how to best characterize the rising tide of global opposition. The concept of “soft balancing” emerged as an influential, though contested, explanation of a new phenomenon in a unipolar world: states seeking to constrain the ability of the United States to deploy military force by using multinational organizations, international law, and coalition building. Soft balancing can also be observed in regional unipolar systems. Multinational archival research reveals how Argentina, Mexico, and other Latin American countries responded to expanding U.S. power and military assertiveness in the early twentieth century through coordinated diplomatic maneuvering that provides a strong example of soft balancing. Examination of this earlier case makes an empirical contribution to the emerging soft-balancing literature and suggests that soft balancing need not lead to hard balancing or open conflict.
- Topic:
- Foreign Policy, Imperialism, Post Colonialism, and Military Intervention
- Political Geography:
- United States, Argentina, Latin America, and Mexico
29735. Strategies of Inhibition: U.S. Grand Strategy, the Nuclear Revolution, and Nonproliferation
- Author:
- Francis Gavin
- Publication Date:
- 08-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- The United States has gone to extraordinary lengths since the beginning of the nuclear age to inhibit—that is, to slow, halt, and reverse—the spread of nuclear weapons and, when unsuccessful, to mitigate the consequences. To accomplish this end, the United States has developed and implemented a wide range of tools, applied in a variety of combinations. These “strategies of inhibition” employ different policies rarely seen as connected to one another, from treaties and norms to alliances and security guarantees, to sanctions and preventive military action. The United States has applied these measures to friend and foe alike, often regardless of political orientation, economic system, or alliance status, to secure protection from nuclear attack and maintain freedom of action. Collectively, these linked strategies of inhibition have been an independent and driving feature of U.S. national security policy for more than seven decades, to an extent rarely documented or fully understood. The strategies of inhibition make sense of puzzles that neither containment nor openness strategies can explain, while providing critical insights into post–World War II history, theory, the causes of nuclear proliferation, and debates over the past, present, and future trajectory of U.S. grand strategy.
- Topic:
- National Security, Nuclear Weapons, and Grand Strategy
- Political Geography:
- United States, Europe, Soviet Union, and Germany
29736. Beyond Emboldenment: How Acquiring Nuclear Weapons Can Change Foreign Policy
- Author:
- Mark S. Bell
- Publication Date:
- 08-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- What happens to the foreign policies of states when they acquire nuclear weapons? Despite its importance, this question has not been answered satisfactorily. Nuclear weapons can facilitate six conceptually distinct foreign policy behaviors: aggression, expansion, independence, bolstering, steadfastness, and compromise. This typology of foreign policy behaviors enables scholars to move beyond simple claims of “nuclear emboldenment,” and allows for more nuanced examination of the ways in which nuclear weapons affect the foreign policies of current and future nuclear states. The typology also sheds light on Great Britain's response to nuclear acquisition. Britain used nuclear weapons to engage in greater levels of steadfastness in responding to challenges, bolstering junior allies, and demonstrating independence from the United States, but it did not engage in greater levels of aggression, expansion, or compromise. The typology and the British case demonstrate the value of distinguishing among different effects of nuclear weapons acquisition, have implications for scholars' and policymakers' understanding of the role of nuclear weapons in international politics, and suggest avenues for future research.
- Topic:
- Diplomacy, International Cooperation, and Nuclear Weapons
- Political Geography:
- United States
29737. Barriers to Entry: Who Builds Fortified Boundaries and Why?
- Author:
- Ron E. Hassner and Jason Wittenberg
- Publication Date:
- 08-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- Fortified boundaries are asymmetrical, physical barriers placed along borders. These boundaries are more formidable in structure than conventional boundary lines, but less robust than militarized boundaries. Their goal is to impose costs on infiltrators and in so doing deter or impede infiltration. A novel dataset of all such boundaries worldwide shows that states are constructing these barriers at an accelerating rate. More than half of barrier builders are Muslim-majority states, and so are the vast majority of targets. A multivariate analysis demonstrates that, contrary to conventional wisdom, states that construct such barriers do not tend to suffer disproportionately from terrorism, nor are they apt to be involved in a significant number of territorial disputes. Instead, differences in state wealth and migration rates are the best predictors of barrier construction. Qualitative case studies suggest that the most effective fortified boundaries are found where the initiating state controls the territory beyond a boundary that blocks the only access route into the state.
- Topic:
- Nuclear Weapons and Global Security
- Political Geography:
- United States, Soviet Union, and Mexico
29738. Balancing in Neorealism
- Author:
- Joseph M. Parent and Sebastian Rosato
- Publication Date:
- 11-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- Does neorealism offer a convincing account of great power balancing behavior? Many scholars argue that it does not. This conclusion rests on a misunderstanding of neorealist theory and an erroneous reading of the evidence. Properly specified, neorealism holds that great powers place an overriding emphasis on the need for self-help. This means that they rely relentlessly both on arming and on imitating the successful military practices of their peers to ensure their security. At the same time, they rarely resort to alliances and treat them with skepticism. There is abundant historical evidence to support these claims. Since 1816, great powers have routinely achieved an effective balance in military capabilities with their relevant competitors and promptly copied the major military innovations of the period. Case studies show that these outcomes are the product of states' efforts to ensure security against increasingly capable rivals. Meanwhile, the diplomatic record yields almost no examples of firm peacetime balancing coalitions over the past 200 years. When alliances have formed, great powers have generally doubted the reliability of their allies and of their opponents' allies. Thus neorealism provides a solid foundation for explaining great power balancing behavior.
- Topic:
- International Relations, Geopolitics, Grand Strategy, and International Relations Theory
- Political Geography:
- United States, Prussia, and Global Focus
29739. How Realism Waltzed Off: Liberalism and Decisionmaking in Kenneth Waltz's Neorealism
- Author:
- Daniel Bessner and Nicolas Guilhot
- Publication Date:
- 11-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- Neorealism is one of the most influential theories of international relations, and its first theorist, Kenneth Waltz, a giant of the discipline. But why did Waltz move from a rather traditional form of classical realist political theory in the 1950s to neorealism in the 1970s? A possible answer is that Waltz's Theory of International Politics was his attempt to reconceive classical realism in a liberal form. Classical realism paid a great deal of attention to decisionmaking and statesmanship, and concomitantly asserted a nostalgic, anti-liberal political ideology. Neorealism, by contrast, dismissed the issue of foreign policymaking and decisionmaking. This shift reflected Waltz's desire to reconcile his acceptance of classical realism's tenets with his political commitment to liberalism. To do so, Waltz incorporated cybernetics and systems theory into Theory of International Politics, which allowed him to develop a theory of international relations no longer burdened with the problem of decisionmaking.
- Topic:
- International Relations, Diplomacy, War, Grand Strategy, and International Relations Theory
- Political Geography:
- United States and Global Focus
29740. Indignation, Ideologies, and Armed Mobilization: Civil War in Italy, 1943–45
- Author:
- Stefano Costalli and Andrea Ruggeri
- Publication Date:
- 11-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- Ideas shape human behavior in many circumstances, including those involving political violence. Yet they have usually been underplayed in studies of the causes of armed mobilization. Likewise, emotions have been overlooked in most analyses of intrastate conflict. A mixed-methods analysis of Italian resistance during the Fascist regime and the Nazi occupation (1943–45) provides the opportunity to theorize and analyze empirical evidence on the role of indignation and radical ideologies in the process of armed mobilization. These nonmaterial factors play a crucial role in the chain that leads to armed collective action. Indignation is a push factor that moves individuals away from accepting the status quo. Radical ideologies act as pull factors that provide a new set of strategies against the incumbent. More specifically, detachment caused by an emotional event disconnects the individual from acceptance of the current state of social relations, and individuals move away from the status quo. Ideologies communicated by political entrepreneurs help to rationalize the emotional shift and elaborate alternative worldviews (disenchantment), as well as possibilities for action. Finally, a radical ideological framework emphasizes normative values and the conduct of action through the “anchoring” mechanism, which can be understood as a pull factor attracting individuals to a new status.
- Topic:
- Conflict Resolution, Civil War, War, and Armed Struggle
- Political Geography:
- Europe and Italy