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16161. From a Common to a National State(s) and the Lithuanian-Polish Dispute

Author:
Alfonsas Eidntas
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Warsaw East European Review (WEER)
Institution:
Centre for East European Studies, University of Warsaw
Abstract:
On the occasion of the 100th anniversary of the restoration of the independent states of Poland and Lithuania, we will return to a fundamental question, namely, whether the relationship between our contemporary states, which had already become hostile during the restoration process, is a time of missed opportunities? Or maybe the interests of both sides were simply so different that it was impossible for them to agree on a matter of major importance – state territory (partly also on the issue of national minorities) – and to balance their interests, thus avoiding conflict and a particularly hostile bilateral relationship which lasted until the tragic developments for both Poland and Lithuania in 1939-1940, when our countries fell victim to two tyrants. It is necessary to adopt new approaches to history. As time passes, new generations lose the memory of how events developed. Moreover, old beliefs, suspicions, and phobias are even revived. I would like to tell you a personal story in order to illustrate this point. At the end of December 1993, an annual convention of Lithuanian ambassadors was held in Vilnius. I had just flown in from Washington, D.C., and so I was reflecting on the attitude of the U.S. Administration and the conclusions that were arrived at after some friendly dis- cussions with the staff of the Polish Embassy in Washington D.C., and I shared my thoughts.
Topic:
Diplomacy, Bilateral Relations, Territorial Disputes, and Conflict
Political Geography:
Europe, Poland, and Lithuania

16162. The Structure of Government Elites within the Regime of Alaksandar Lukashenka

Author:
Francisak Viacorka
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Warsaw East European Review (WEER)
Institution:
Centre for East European Studies, University of Warsaw
Abstract:
Belarus under the authoritarian rule of President Alaksandar Lukashenka claims the status as the last free country in Europe1. In contrast to neighboring Ukraine, Russia, and the Baltic States, no structural reforms have been implemented in Belarus: the system of power remains strictly centralized; the government replicates the Soviet vertical system with its multiple bureaucratized ministries and departments; the economy is mainly state- owned, and the opposition is excluded from all state institutions and the government. The personalistic dictatorship of Lukashenka who has uncompetitively remained in power since 1994, lets neither politicians nor officials accumulate sufficient economic or political power. The bureaucracy in Belarus is formed primarily of people who demonstrate full loyalty to the regime. This makes the cabinet of ministers a purely technical, not political body. However, could not this be the evidence of its unprofessionalism? The research statement of the current paper is that Belarus government appointees and bureaucrats take their offices according to their experience and competence, not only because of their personal or political ties. In particular, I assume that for an absolute ma- jority of ministry staffers their way to power was paved with specialized education and professional careers in their area, and later they were appointed to leading positions in the Government or state-building institutions without building political careers.
Topic:
Governance, Authoritarianism, Reform, Leadership, and Elites
Political Geography:
Europe and Belarus

16163. The Balkan Front in the New Cold War

Author:
Gordon S. Bardos
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Warsaw East European Review (WEER)
Institution:
Centre for East European Studies, University of Warsaw
Abstract:
As relations between Russia and the U.S.1continue their downward spiral, the Balkans have become another front in what scholars such as Stephen F. Cohen and Robert Leg- vold have dubbed “the New Cold War.”2 Yet the return to cold war, as Legvold notes, in- volves numerous opportunity costs for both countries—and considerable collateral dam- age as well. One of the areas in which the collateral damage will be most severe is the Balkans. Indeed, the costs of the new confrontation between Washington and Moscow are already evident in the democratic backsliding that has occurred throughout the region over the past decade. The Economist Intelligence Unit’s Democracy Index 2016, shows that of the nine countries in southeastern Europe (Albania, Bosnia & Herzegovina, Bulgaria, Croa- tia, Greece, Kosovo, Macedonia, Montenegro, Romania and Serbia), only one (Bulgaria) showed any improvement, one (Albania) showed no improvement, and the remaining sev- en all regressed in terms of their democratic development.3 Freedom House’s Nations in Transit and the Bertelsmann Transformation Index have similarly shown significant demo- cratic backsliding in the Balkans since 2008.4
Topic:
Security, Defense Policy, Cold War, and Conflict
Political Geography:
Europe and Balkans

16164. Nord Stream 2 Current State of the Project and its implications for European Energy Security

Author:
Nicola Mellere
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Warsaw East European Review (WEER)
Institution:
Centre for East European Studies, University of Warsaw
Abstract:
Nord Stream 2 is a planned pipeline through the Baltic Sea within the project Nord Stream. The pipeline Nord Stream 2 would flank the already existing Nord Stream 1 in transporting natural gas over 1,220 km from the large reserves in North-Western Russia to the German Baltic coast. In particular, Nord Stream 2 is expected to link Ust Luga in Russia with Greifswald in Germany. The project is planned to double the existing Nord Stream 1 pipeline, with the total volume of both ventures being a maximum of 110 bcm per year. In- deed, Nord Stream 2 is expected to transport annually 55 billion cubic metres (bcm), which is the same amount of Nord Stream 1. The history of Nord Stream project began in 1997, when the Finnish-Russian consor- tium “North Transgas Oy” was established to explore the possibilities of transporting gas from Russia to Europe. In 1999 the consortium concluded the exploration stating that an offshore route through the Baltic Sea is the best option from economic, technical and en- vironmental points of view. Then, in 2000 the EU recognized the need for a new pipeline. In 2005, the North Stream consortium was formed with the participation of Gazprom, the German companies Wintershall and E.ON Ruhrgas. Later two other companies joined the consortium: the Dutch company Gasunie and the French GDF SUEZ SA. The construction of the lines of Nord Stream 1 lasted from April 2010 until October 2012, when Line 2 of Nord Stream 1 officially became operational.
Topic:
Security, Energy Policy, Natural Resources, Gas, and Nord Stream 2
Political Geography:
Europe

16165. Power down to level up: resilient place-shaping for a post-Covid age

Author:
Andrew Walker and Patrick Diamond
Publication Date:
10-2020
Content Type:
Working Paper
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
It has become commonplace in 2020 to say that the Covid-19 pandemic has shone a light on severe problems and iniquities in the delivery of local services. But it is true. It is also true returning to pre-Covid “normality” is not an option, nor is it really desirable. Crisis issues in council finances, social care, children’s services, housing, homelessness, high streets and local growth, did not spring up overnight. LGIU and others have been shouting about these things for years and trying to get decision makers to pay proper attention. We understand that this is challenging. There are no easy solutions. Tackling the problems will involve choices and trade-offs. But that is politics. If we don’t take this opportunity to empower communities, so that they can flourish in the future, then when will we? At present, central government is concerned with issues of council structure and is pursuing a strategy of reorganisation that will reflect central government priorities, not those of local communities. This is a distraction from the important, longstanding problems that the government has so far refused to engage with: a finance settlement for local government; the crisis in adult social care and children’s services; and the unanswered problems of English devolution. At its root, this is a longstanding crisis of governance. The UK, remarkably centralised in comparison with similar economies around the world, has a moribund system of governance. Its outdated and inadequate constitutional framework, which wouldn’t be (and isn’t) looked upon as a model worth following elsewhere, is supported by a set of assumptions, ideas and beliefs that dominate in national political discourse. These hold that Whitehall knows best. Ministers hand down decisions that must be delivered across a varied and diverse geography by local authorities, regardless of local circumstances, assets, or democratic support. This is blind to the importance of place and it should be reversed. In this paper we show how local councils have already demonstrated their capacity for effective place-based It has become commonplace in 2020 to say that the Covid-19 pandemic has shone a light on severe problems and iniquities in the delivery of local services. But it is true. It is also true returning to pre-Covid “normality” is not an option, nor is it really desirable. Crisis issues in council finances, social care, children’s services, housing, homelessness, high streets and local growth, did not spring up overnight. LGIU and others have been shouting about these things for years and trying to get decision makers to pay proper attention. We understand that this is challenging. There are no easy solutions. Tackling the problems will involve choices and trade-offs. But that is politics. If we don’t take this opportunity to empower communities, so that they can flourish in the future, then when will we? At present, central government is concerned with issues of council structure and is pursuing a strategy of reorganisation that will reflect central government priorities, not those of local communities. This is a distraction from the important, longstanding problems that the government has so far refused to engage with: a finance settlement for local government; the crisis in adult social care and children’s services; and the unanswered problems of English devolution. At its root, this is a longstanding crisis of governance. The UK, remarkably centralised in comparison with similar economies around the world, has a moribund system of governance. Its outdated and inadequate constitutional framework, which wouldn’t be (and isn’t) looked upon as a model worth following elsewhere, is supported by a set of assumptions, ideas and beliefs that dominate in national political discourse. These hold that Whitehall knows best. Ministers hand down decisions that must be delivered across a varied and diverse geography by local authorities, regardless of local circumstances, assets, or democratic support. This is blind to the importance of place and it should be reversed. In this paper we show how local councils have already demonstrated their capacity for effective place-based leadership, without input from Westminster. This is despite decades of chipping away at their power and institutional resilience by central government., without input from Westminster. This is despite decades of chipping away at their power and institutional resilience by central government.
Topic:
Governance, Local, Public Health, Pandemic, and COVID-19
Political Geography:
United Kingdom and Europe

16166. Faith-Based Actors & Transitional Justice

Author:
Simon Robins
Publication Date:
01-2020
Content Type:
Case Study
Institution:
Public International Law Policy Group
Abstract:
With funding from the Global Initiative for Justice, Truth, and Reconciliation, The Public International Law and Policy Group worked with two Consortium partners—the International Coalition of Sites of Conscience and the Centre for the Study of Violence and Reconciliation on a research project with the aim of examining how engagement with faith-based actors can strengthen transitional justice processes, in light of the varied roles that religious and faith-based actors have played during periods of conflict and/or authoritarian rule.
Topic:
Religion, Transitional Justice, Transition, and Faith
Political Geography:
Asia and Sri Lanka

16167. The Belt and Road Initiative: The Sources of China’s Conduct, and India and Japan’s Responses

Author:
Hao Nan
Publication Date:
12-2020
Content Type:
Special Report
Institution:
Pacific Forum
Abstract:
The Belt and Road Initiative (BRI) is now more than seven years old, projecting ever-increasing influence throughout the world while stimulating growing concerns about China’s motives and behavior. This large-scale and multifaceted program benefits China, and not only economically, but in the politico-security sense. In response, India has stuck to its stance of distancing itself from the BRI while Japan has evolved past its initial rejection to selectively engage with the initiative. Tracing Chinese motives and conduct, along with the Indian and Japanese responses, back to the respective countries’ long-existing schools of strategic thought enables us to better decode current affairs and predict future dynamics.
Topic:
Security, Politics, Natural Resources, Infrastructure, Economy, and Belt and Road Initiative (BRI)
Political Geography:
Japan, China, South Asia, India, and Asia

16168. On the Value of Nuclear Dialogue with China

Author:
David Santoro and Robert Gromoll
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Pacific Forum
Abstract:
This paper was written by Dr. David Santoro, Vice President and Director for Nuclear Policy at the Pacific Forum, and Dr. Robert Gromoll, former Director of the Office of Regional Affairs at the US Department of State’s Bureau of International Security and Nonproliferation; Dr. Gromoll is now retired. Both Drs. Santoro and Gromoll participated in numerous dialogue rounds, and Dr. Santoro was a co-organizer. The paper is based primarily on the contents of the dialogue’s written reports, several of which were authored or co-authored by Dr. Santoro. By and large, the paper draws directly from these reports and reviews how the topics addressed in the dialogue were approached and discussed by the US and Chinese sides over time. (A list of these reports is included at the end of the paper; some have been published, others have not.) The paper is also based on the authors’ broader experience in participating in the Track-1.5 dialogue; the conversations they have had with US and Chinese participants on these issues over the years, both during the dialogue and on the margins; and their own personal research. This paper represents the views of the authors and not those of Pacific Forum or the US State Department.
Topic:
International Relations, Diplomacy, Nuclear Weapons, and Dialogue
Political Geography:
China and Asia

16169. Securing the Sonobuoy Supply Chain: How Australia Can Help Underwrite Anti-Submarine Warfare Cooperation in the Indo-Pacific

Author:
Tom Corben
Publication Date:
09-2020
Content Type:
Special Report
Institution:
Pacific Forum
Abstract:
This paper highlights the challenges afflicting the sonobuoy supply chain, a key item in the prosecution of anti-submarine warfare (ASW) operations by the United States and many of its key allies. It argues that Australia is well-placed to address these issues, and that doing so would better underwrite collective ASW operations in the Indo-Pacific. After a brief post-Cold War hiatus, significant improvements in the submarine fleets of China and Russia have seen ASW revived as a core mission for the United States Navy. However, growing demand for ASW operations has exposed shortcomings in the maintenance, procurement and readiness of US maritime aircraft fleets essential to prosecuting those missions. This paper argues that, as a result, US allies and partners in the Indo-Pacific—many operating US-made maritime aircraft—will likely be required to step-up their own contributions to regional ASW operations. However, serious vulnerabilities in the sonobuoy supply chain accessed by all of these states threatened to undermine collective efforts, challenges which predate the global COVID-19 pandemic. A single US-based supplier presently provides sonobuoys to the US and many of its key partners, but its long-term capacity to meet soaring demands is in question. In its current form, any disruption to the sonobuoy supply chain would disproportionately impact allies and partners in the Indo-Pacific at the same time they are being asked to step-up their contributions to collective ASW. Securing the long-term future of the sonobuoy supply chain should therefore be an urgent priority. This paper argues that Australia is well-positioned to address these challenges, given its history of innovation and manufacturing in advanced sonar technologies; recent investments in sovereign defense industry capabilities and military infrastructure; deep alliance relationship with the US; and growing network of ASW-oriented regional security partnerships. To this end, Australia should pursue several interrelated lines of effort: 1) increase interim sonobuoy stockpiles while rebuilding its independent manufacturing capacity; 2) deepen defense industry cooperation with the US and Five Eyes partners on defense industry and supply chain issues; 3) strengthen cooperation in the defense industry, especially research and development within key regional security partnerships already predisposed towards ASW, such as with South Korea. Addressing the vulnerabilities in the sonobuoy supply chain would not only improve Australia’s independent ASW capacity, but would help underwrite collective ASW in the Indo-Pacific for years to come.
Topic:
Security, International Cooperation, Supply Chains, and Submarines
Political Geography:
Australia and Indo-Pacific

16170. Conflict and Coronavirus: How COVID-19 is Impacting Southeast Asia’s Conflicts

Author:
Jennifer Howe
Publication Date:
09-2020
Content Type:
Special Report
Institution:
Pacific Forum
Abstract:
Since COVID-19 spread out of China in January 2020, it has caused unprecedented damage to the global economy and national health systems. The virus also having serious ramifications for conflicts throughout the world. This paper reviews the literature up to its time of writing in July 2020 in order to assess how the coronavirus crisis has impacted conflicts in Southeast Asia. The paper found that the pandemic has been detrimental to conflict resolution in the region—it has hampered peacebuilding efforts and contributed to rising tensions. Moreover, the outbreak has enabled extremist organizations to operate more freely and make government lockdowns and the economic downturn a part of their recruitment messaging. Conflict-affected populations are confronted by the dual impact of disease and violence—health systems have been weakened by years of conflict, violence is obstructing the delivery of aid, and forcibly displaced communities are living in unsanitary and crowded camps, incapable of handling a viral outbreak. Women in unstable settings are particularly vulnerable as gender-based violence increases, while services essential to their health and wellbeing are being forced to close. The paper concludes with policy recommendations in view of the effects the virus is having on Southeast Asian conflicts. Recommendations emphasize the importance of supporting local peacebuilders and implementing response and recovery measures that work towards a fairer post-pandemic society.
Topic:
Conflict Resolution, Economy, Conflict, COVID-19, Peacebuilding, and Gender
Political Geography:
Southeast Asia

16171. The role of regional organizations in building cyber resilience: ASEAN and the EU

Author:
Eugenio Benincasa
Publication Date:
06-2020
Content Type:
Special Report
Institution:
Pacific Forum
Abstract:
This paper explores the role of regional organizations in crafting solutions that are able to address both the scale and cross-border nature of cyber threats, as well as the challenges inherent to an anarchical international system. It focuses on the Association of Southeast Asian Nations (ASEAN) and the European Union (EU) and the cybersecurity frameworks they have developed in the last few years. The EU has significantly improved regional cyber resilience and cooperation by setting out ambitious goals, enhancing information sharing and harmonizing practices across its member states. In contrast, ASEAN has a lack of a strong unifying governance or legal framework, which limits the collective capability of the region to capitalize on shared knowledge to prevent and mitigate cyber threats. The paper aims to elaborate on relevant measures that could be implemented in ASEAN based on a comparative analysis with the EU. Despite the stark differences between the two organizations, there is common ground in some areas for the development of policy recommendations aimed at enhancing ASEAN’s cyber resilience, eliminating the need to reinvent the wheel in key policy areas. To this end, this paper analyzes the two organizations’ cybersecurity frameworks in line with the four pillars of cyber capacity building identified by the European Institute for Security Studies (EUISS) and adjusted to a regional context: overarching regional strategy, institutional framework for cyber threat prevention and response, harmonization of cybercrime and data privacy legislation, and cyber awareness and hygiene.
Topic:
European Union, Cybersecurity, ASEAN, and Regional Organizations
Political Geography:
Europe and Asia

16172. Far, Far More Than Meets the Eye: Extended Deterrence in Complex Crises in Northeast Asia

Author:
Brad Glosserman
Publication Date:
06-2020
Content Type:
Special Report
Institution:
Pacific Forum
Abstract:
The Pacific Forum, with support from the Defense Threat Reduction Agency (DTRA), brought 41 officials and experts from the United States, Japan, and the Republic of Korea (ROK), along with eight Pacific Forum Young Leaders, all attending in their private capacity, to Maui, Hawaii, Sept. 5-6, 2019 to explore the three countries’ thinking about extended deterrence and prospects for and obstacles to strengthened trilateral security cooperation. A two-move tabletop exercise (TTX) was focused on concerted and coordinated efforts by China and North Korea to revise the status quo in Northeast Asia. Key findings include: Despite political difficulties, there was little difference among participants regarding assessments of the situation and dynamics in Northeast Asia. They were generally aligned and this was evident in responses to the TTX: they sought to prevent opportunism, provide off-ramps for adversaries, and didn’t rush to connect the incidents.
Topic:
Security, International Cooperation, Armed Forces, Crisis Management, and Deterrence
Political Geography:
Asia

16173. Armenia's Foreign Policy: Where values meet constraints

Author:
Alexander Iskandaryan
Publication Date:
08-2020
Content Type:
Commentary and Analysis
Institution:
Argentine Council for International Relations (CARI)
Abstract:
The official foreign policy doctrine of Armenia is called "complementarism"; the idea at the core of this approach is that various foreign policy dimensions can and should complement each other and need not be perceived as mutually exclusive.
Topic:
International Relations, Foreign Policy, Politics, and Complementarism
Political Geography:
Russia, Caucasus, and Armenia

16174. Volkswagen Since World War Two: Rebuilding the Corporate Reputation of the World’s Largest Car Manufacturer

Author:
Charlie Harris, Jamie Haworth, Scarlett Mansfield, and Christopher McKenna
Publication Date:
02-2020
Content Type:
Case Study
Institution:
Oxford Centre for Global History
Abstract:
The VW badge is a common sight around the world. Driven by millions across Europe and the Americas, Volkswagen automobiles are also familiar to consumers across Latin America, Africa and Asia. The German carmaker’s cultural resonance is hard to miss: most famously, the Volkswagen Beetle ‘Love Bug’ is romanticised in stories of the 1960s counterculture. Alongside the iconic Volkswagen Type 2 camper van, the Beetle came to symbolise freedom and adventure for many young people in the United States. Given this, it is perhaps easy to forget the company’s roots did not exactly emphasise peace and love. Volkswagen started out in late-1930s Germany as a Nazi-funded prestige project; Adolf Hitler took a personal interest in the early development of the Beetle, seeing it as the vehicle that would motorise the Third Reich and displace Ford’s Model T as the “People’s Car”. Burdened with one of the worst origin stories imaginable, Volkswagen needed to put distance between itself and Nazi Germany in the postwar period. To achieve this, it refocused its factory towards delivering the Volkswagen Beetle: a cheap, reliable product that it hoped would appeal to domestic and export markets alike. The iconic car came to be embraced by diverse communities from around the world over the following decades, transforming the German carmaker into a company with a global ubiquity by the 1980s. Its portfolio expanded to include sports cars and trucks, while its factories employed workers across the globe. Entering the new millennium full of ambition, Volkswagen strove for growth in new markets and dominance in long-standing car cultures; in the process, the crisis-prone company attracted a new set of risks to its corporate reputation.
Topic:
History, Business, Manufacturing, Automotive Industry, and Reputation
Political Geography:
Germany and Global Focus

16175. The Globalization of Mexican Tortillas: GRUMA and the Mass Production of Corn Flour

Author:
Rosalía del Carmen Ríos Arreguín, Rebecca Orr, and Christopher McKenna
Publication Date:
04-2020
Content Type:
Case Study
Institution:
Oxford Centre for Global History
Abstract:
In 2001, Disney opened the gates to the California Adventure Park. Billed as a celebration of the history and culture of the Golden State, the park featured Disneyfied versions of Wine Country, the Hollywood Backlot and other Californian landmarks. In the park’s top left corner, stood the Mission Tortilla factory. The attraction run by Disney in partnership with Mission Foods (a division of the GRUMA corporation) showcased ‘the history and the making of the traditional food of ancient and modern Mexico—the tortilla’.1 In the first half of the exhibition, visitors watched a film about the ancient origins of the tortilla and learnt about the lengthy process in which women ground maize into dough. The second half of the exhibition celebrated all things modern. Visitors observed a working factory production line staffed by Mission employees who handed out free tortillas to passing customers. The final room told the story of Mission’s role in transforming the corn tortilla from a dietary staple of the Mexican masses to a Californian delicacy.
Topic:
Globalization, History, Food, and Capitalism
Political Geography:
North America, Mexico, and United States of America

16176. Fighting Imagined Invasions with Administrative Violence. Racism, Xenophobia and Nativism as a Cause of Statelessness in Myanmar, the Dominican Republic and Assam (India)

Author:
Jose-Maria Arraiza, Phyu Zin Aye, and Marina Arraiza Shakirova
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Discriminatory policies have the capacity to create statelessness on a massive scale and the majority of stateless persons around the world belong to impoverished minority communities. The intentionality of such discrimination is guided by xenophobia, racism and particularly nativism: the belief that an internal minority with foreign connections is a threat to the nation. Hence, target communities are re-imagined as an enemy invader. This article analyses and compares how such ideologies have resulted in statelessness in the cases of Myanmar, the Dominican Republic and the State of Assam in India. These three scenarios have internal minorities (Rohingya in Myanmar, ethnic Haitians in Dominican Republic and Bengalis in India) that have been represented, based on kinship lines with neighbouring states, as enemy intruders by public officials and institutions. The authors compare how in the three scenarios nativist policies, the erosion of jus soli in citizenship laws and administrative violence have been used to ‘fight’ these imagined invasions and identify common trends.
Topic:
Poverty, Citizenship, Discrimination, and Stateless Population
Political Geography:
India, Asia, Burma, Caribbean, Dominican Republic, North America, and Myanmar

16177. Addressing Statelessness through the International Convention on the Elimination of All Forms of Racial Discrimination (‘ICERD’)

Author:
Michiel Hoornick
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Discrimination is one of the root causes for deprivation and denial of nationality. This work presents an analysis of the right to nationality under art 5(d)(iii) of the International Convention on the Elimination of All Forms of Racial Discrimination and the interpretation of the obligations under art 2, related to this right by its monitoring body, the Committee on the Elimination of Racial Discrimination. This reflection focuses on obligations regarding deprivation of nationality, acquisition of nationality and other obligations to facilitate and fulfil the right to nationality of the individuals living within its jurisdiction. An assessment is made on the effectiveness of the Convention and its Committee in protecting the right to nationality.
Topic:
International Cooperation, Race, Discrimination, and Stateless Population
Political Geography:
Global Focus

16178. ‘Legal Identity for All’ and Statelessness Opportunity and Threat at the Junction of Public and Private International Law

Author:
Bronwen Manby
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
This article considers the impact of Target 16.9 of the Sustainable Development Goals (‘SDGs’), ‘to provide legal identity for all, including birth registration’ on the objective of eradicating statelessness. This SDG Target has given a significant boost to initiatives for the strengthening of civil registration and identification systems, supported by the United Nations and World Bank. Yet its impact on the resolution of statelessness is not clear, because of the immense complexity of the definition of ‘legal identity’. Proposed definitions, adopted after the target was established, fail to take on board the challenges involved in cross-border recognition of civil status documents and the determination of nationality of a child for parents who hold no documents. The article concludes that SDG Target 16.9 is both an opportunity and a threat. If the objective of providing universal ‘legal identity’ is to have a positive impact for stateless persons there is a need for new engagement with the regulation of civil status in private international law, and new insistence in public international law on legal frameworks that facilitate recognition and registration of the different elements of a person’s identity, including nationality, even and especially where they are officially in doubt. Short cuts in this process risk long delays.
Topic:
International Law, Law, Identity, and Stateless Population
Political Geography:
Global Focus

16179. The Broadening Protection Gap for Stateless Palestinian Refugees in Belgium

Author:
Wout Van Doren, Julie Lejeune, Marjan Claes, and Valerie Klein
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
This paper reflects upon the issue of statelessness, Palestinians and a recent evolution of Belgian caselaw. When seeking to apply the definition of a ‘stateless person’, as found in art 1 of the 1954 Convention Relating to the Status of Stateless Persons to Palestinians, judges are confronted with specific challenges. Since 2016, divergent standards are developing as to the question of whether, and in which circumstances, Palestinians may be stateless for the purposes of international law. This evolution takes place in a national landscape characterised by a statelessness determination procedure that falls short of standards set out in the United Nations High Commissioner for Refugees Handbook on Protection of Stateless Persons in a number of areas, while a growing number of asylum seekers originating from Palestine are registered over the period 2016–19. This paper exposes, anno 2020, the protection gaps left open by the remarkably divergent approaches to this question taken by the different national actors involved.
Topic:
Territorial Disputes, Citizenship, Stateless Population, and Protection
Political Geography:
Europe, Middle East, Palestine, and Belgium

16180. Nomads and the Struggle for a Legal Identity

Author:
Heather Alexander
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Over the past century, governments around the world have greatly expanded civil registration and the issuance of identity documents of all kinds. The process of identifying and registering individuals is sometimes called establishing their ‘legal identity’.1 Establishing a legal identity is crucial for people to access many rights.2It is also a basic prerequisite for establishing a nationality. A legal identity is also important for governments to surveil their populations. Yet, as more research is done on the legal identity of nomadic and mobile peoples,3 it is emerging that establishing a legal identity is not easy for them, nor is it a panacea that automatically helps them access their rights. Instead, it can lead to their assimilation.4 This comment summarises my recent research into the establishment of legal identity for nomadic and mobile peoples, uncovering important and disturbing new insights into this fraught process.
Topic:
Law, Identity, Nomad, and Stateless Population
Political Geography:
Global Focus