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61. Toxic Ticking Time-Bomb in the Baltic Sea and Threats to Poland’s Security

Author:
Rafał Willa and Agnieszka Szpak
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The authors examine the threats from hazardous toxic materials from World War II wrecks sunk in the Baltic Sea and their cargo of chemical ammunition, indicate Poland’s reaction to this situation, and map out Polish obligations in this regard. This problem gives rise to multiple uncertainties about the exact nature of threats to environmental/ecological security, marine security, human security (including health security), economic security and food safety. The authors also elaborate on legal regulations relevant in this context. The research methods include formal-institutional analysis of relevant legal documents and discourse analysis. The main conclusions are: 1. toxic materials in the Baltic Sea threaten ecological, economic, human and security; 2. food safety in all Baltic states might be endangered; Poland should accede to the Nairobi Wreck Removal Convention; and Poland should cooperate regionally to resolve the problem of the Baltic chemical waste.
Topic:
International Law, Chemical Weapons, and Shipwreck
Political Geography:
Europe, Poland, and Baltic Sea

62. Interview with Lex Takkenberg

Author:
Elom Tettey-Tamaklo
Publication Date:
03-2023
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
Lex Takkenberg is currently a Senior Advisor with Arab Renaissance for Democracy and Development (ARDD) and a non-resident Professor at the Institute of International Humanitarian Affairs, Fordham University. He worked with UNRWA, the UN agency for Palestinian refugees, from 1989 until late 2019, most recently as the first Chief of its Ethics Office. Prior to that, Lex held a range of other positions with UNRWA, including as General Counsel, (agency-wide) Director of Operations, and (Deputy) Field Director in Gaza and Syria. A law graduate from the University of Amsterdam, Lex obtained a Doctorate in International Law from the University of Nijmegen, the Netherlands, after having successfully defended my doctoral dissertation entitled The Status of Palestinian Refugees in International Law. When the Russo-Ukrainian war broke out in February 2022, the world was horrified as we watched, in real-time, Russia violate international legal instruments[i] and invade Ukrainian sovereign territory. As Russian armored vehicles rolled into Ukraine, and cities were shelled, Russia initiated a war that has left thousands dead and hundreds of thousands more displaced.[ii] In the midst of such horror, humanity showed the best of itself as allied countries, international relief organizations, NGOs, and individuals quickly responded to the crisis by providing asylum for the ballooning number of refugees the war had created. Under the 1951 Refugee Convention,[iii] refugees everywhere are guaranteed rights and protections, which include the right of non-refoulment, the right not to be punished for entering into another territory legally, and the basic rights to education, housing, and public relief, amongst others, which to a large extent has been upheld for Ukrainian refugees, including the provision of temporary protection status[iv] across the European Union. Whilst the herculean efforts at ameliorating the Ukrainian refugee crisis and providing aid to the displaced are laudable, it raises the question about the status of other refugee situations globally. The ongoing Palestinian refugee question is the most protracted refugee situation in modern history and, as such, deserving of attention. In this interview, I speak to Lex Takkenberg – the first Chief of Ethics for UNRWA and the leading expert on international law, and the question of Palestine about the current status of Palestinian refugees.
Topic:
International Law, Refugees, Crisis Management, Interview, and Russia-Ukraine War
Political Geography:
Middle East, Israel, and Palestine

63. An Unlikely Duo? Regionalism and Jus Cogens in International Law

Author:
Carlos Lima Lima and Loris Marotti
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Recent years have witnessed a renewed interest in peremptory norms of international law (jus cogens) in the international legal discourse.  e ongoing works of the International Law Commission (ILC or Commission) on the topic1 , also prompted by the increasing relevance such norms have gained in the case law of national and international courts, is refreshing the long-standing debate about the scope, nature and content of peremptory norms2 . Against this background, less attention is being paid to the possible relations between jus cogens and regionalism, as well as to the legal and political implications such relations may have in the international realm.
Topic:
International Law, Law, and Regionalism
Political Geography:
Global Focus

64. Dynamic Belt and Road Initiative and the Global South’s Approach to Sustainability

Author:
Dan Yao and Mingzhe Zhu
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
When discussing China’s Belt and Road Initiative (BRI), mainstream scholarship adopts the narrative of grand strategy, which assumes the existence of a predetermined and top-down plan as well as China’s determination to implement it according to its interests and vision. This article, with its focus on sustainability, challenges this narrative and draws attention to the indeterminate features of the BRI. It proposes an alternative interpretation that considers the BRI as a dynamic field that facilitates the emergence of the Global South’s approach to international law. It argues that the countries of the Global South can be regrouped as a symbolic region by their proximity in the global distribution of economic and environmental goods, with its identity defined by common history with international law, and necessary solidarity in the pursuit of the cause of liberation. This article then compares the BRI with the previous projects of the Global South and identifies a vagueness of commitment, lack of coordination mechanism, and flexibility as their key features. Further substantialized by two case studies, it contends that the formulation of rules is determined by strategic interactions between States and different non-State actors in a given location according to local realities.
Topic:
International Law, Belt and Road Initiative (BRI), and Sustainability
Political Geography:
Global South

65. Is the International Law Commission Taking Regionalism Seriously (Enough)?

Author:
Janina Barkholdt
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Regionalism poses a challenge to the work of the International Law Commission (ILC). The Commission, entrusted by the United Nations General Assembly (UNGA) with the “progressive development of international law and its codification”, is tasked with identifying and elaborating universally accepted and acceptable rules of international law. The challenge posed by regionalism lies in its ambivalent role precisely in relation to the mandate of the ILC: on the one hand, a significant share of practice in international law is generated at the regional level. Since regional practice thus constitutes a substantial part of State practice, the ILC cannot avoid taking regional practice into account if it is to identify and develop common rules. On the other hand, regionalism often involves claims for special legal treatment based on the affiliation with a region; thus, deviations from precisely those general legal rules which the ILC seeks to codify and develop. The present contribution analyses how the Commission has approached regionalism in its previous work and identifies four approaches. It shows that each of these approaches suffers from shortcomings. At the same time, the current projects on General principles of law (GPL) and Sea-level rise in relation to international law possibly indicate the emergence of a more fruitful fifth approach. Based on this analysis, the present contribution shows that the practice of the ILC evinces two methodological challenges arising from regional plurality –, the challenge of equal regional representation and the challenge of regional exceptionalism, – and makes suggestions as to how to address these in the future.
Topic:
International Law, United Nations, and Regionalism
Political Geography:
Global Focus

66. Interpretation and Application of the ECHR: Between Universalism and Regionalism

Author:
Mattias Guyomar
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
 e protection of human rights guaranteed by the Council of Europe, in particular through the Convention for the Protection of Human Rights and Fundamental Freedoms and the supervision exercised by the European Court of Human Rights, has a dual dimension: its universal vocation goes hand in hand with the regional nature of its implementation. Tensions between universalism and regionalism play out in a fruitful and productive way.
Topic:
Human Rights, International Law, Regionalism, Universalism, and European Court of Human Rights (ECtHR)
Political Geography:
Europe

67. Military Intervention on Request in Jus Ad Bellum and Jus In Bello and the question of recognition of governments

Author:
Chiari Redealli
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Over the past decades, foreign interventions in internal conflicts upon the request of host governments have turned into a common practice. These instances have proved to be particularly challenging both from a jus ad bellum and a jus in bello point of view. On the one hand, it is often unclear whether the intervention is lawful; on the other hand, the classification of these armed conflicts is equally problematic. In both cases, the key to answer these questions is the identification of the organ capable of speaking on behalf of the state: who is the government? Considering the pivotal relevance of the identification of the government both in jus ad bellum and jus in bello, it is crucial to determine the criteria for identifying the authority capable of issuing a valid invitation. This article seeks to clarify these criteria. Ultimately, it will demonstrate that jus ad bellum and jus in bello reach different conclusions on the matter and it will argue that this should not be the case.
Topic:
International Law, Humanitarian Intervention, Military Intervention, Conflict, and International Humanitarian Law (IHL)
Political Geography:
Global Focus

68. Missed Communications and Miscommunications: International Courts, the Fragmentation of International Law and Judicial Dialogue

Author:
Francis Maxwell
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The increase in the number of international judicial bodies has led to different international courts deciding similar issues of international law. There is the real possibility that these international judicial bodies, not subject to the supervision of a common appeal court, may rule differently on similar questions before them. While this fragmentation of decision-making may undermine the coherency and certainty of the international legal system, it may in some cases be in the interests of the international community, including where divergences in decision-making are the result of specialized regimes or where there is progressive development of the law. So that fragmentation is limited to what is beneficial and necessary for the international community, it is essential that international judicial bodies are in open and structured dialogue with one another. This analysis considers three scenarios of overlapping decision-making, over the course of the lives of two sets of international courts: the International Court of Justice, and the international criminal courts and tribunals. It also considers the recent decision of the International Criminal Court with respect to Palestine and the Court’s refusal to weigh in on questions of general international law, in apparent departure from the previous three examples. It is submitted that these examples demonstrate that insufficient attention is given by these international judicial bodies to the issue of judicial dialogue and its importance. This may undermine the legitimacy of the system and introduce the risks of fragmentation without its benefits.
Topic:
International Law, International Court of Justice (ICJ), International Criminal Court (ICC), Dialogue, Fragmentation, and Customary International Law
Political Geography:
Global Focus

69. Gearing Up the Fight Against Impunity: Dedicated Investigative and Prosecutorial Capacities

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
03-2022
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Holding perpetrators to account for the worst crimes known to humanity is one of the most important responsibilities of the community of nations in the 21st century. Notwithstanding the appalling nature of atrocity crimes, most perpetrators do not face justice. Specialized investigative and prosecutorial units, however, offer a ray of hope in this otherwise bleak justice landscape. Such units now operate in several countries around the world, including Argentina, Bosnia and Herzegovina, France, and Germany. This report, which was prepared jointly by ICTJ and the Foundation for Human Rights emerges from efforts to persuade the South African government to create a dedicated capacity to investigate and prosecute apartheid-era crimes, which have been long neglected. The report considers ways of gearing up the fight against impunity for serious international crimes and crimes of the past. It compares countries that leave atrocity crimes to the general administration of justice and those that adopt a specialized or dedicated approach. Specialized prosecutorial and investigative capacities are entities that focus exclusively on a particular category of crimes. While specialized units vary in size, structure, staffing, and operations, innovations such as prosecution-led investigations and bringing multi-disciplinary skills under one roof, make them considerably more effective than a generalized approach. The report provides a high-level audit of specialized units in 23 countries. It considers different models of domestic dedicated investigative and prosecutorial approaches and analyses their track records. Eleven case studies contrast countries with specialized units and those without. The report examines certain features that characterize specialized units, including their structure, composition, operations, and relationships with civil society and other entities. It analyzes the main challenges faced by the units including political dynamics, accessing evidence, and victim support. The report includes an overview of recent efforts by various specialized units to deliver criminal accountability for serious crimes committed in Syria. It concludes with recommendations on how to make specialized units more effective.
Topic:
International Law, Reform, Criminal Justice, Accountability, and Atrocity Prevention
Political Geography:
Uganda, Kenya, Africa, Europe, Middle East, Argentina, South America, Balkans, North Africa, Syria, Tunisia, Peru, and South Sudan

70. International Law and Order Enforcement: Police Assistance Programs and Politics in US-Brazil Relations

Author:
Priscila Villela
Publication Date:
09-2022
Content Type:
Journal Article
Journal:
Revista Brasileira de Política Internacional (RBPI)
Institution:
Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:
Police Assistance programs have been a permanent part of US foreign policy towards Latin America, with Brazil being one of the most important beneficiaries. Throughout their history, they have been oriented according to changing agendas, from anticommunism to the war on drugs. Based on documentary sources and specialized literature, we analyze the politics of US policing in Brazil, reconstituting agendas and interests that motivated police assistance programs through the lens of critical police studies in IR. In doing so, we demonstrate that police cooperation is historically a crucial part of US-Brazil bilateral relations, despite the unfrequent prominence in the literature.
Topic:
International Cooperation, International Law, Bilateral Relations, and Police
Political Geography:
Brazil, South America, North America, and United States of America