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2. Justice for Some: Law and the Question of Palestine with Professor Noura Erakat
- Author:
- Noura Erakat
- Publication Date:
- 02-2024
- Content Type:
- Video
- Institution:
- Center for Security, Race and Rights (CSRR), Rutgers University School of Law
- Abstract:
- Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures across a century-long arc —from the Balfour Declaration in 1917 to present-day wars in Gaza- the book shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel's interests than the Palestinians'. But this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine.
- Topic:
- International Law, Politics, History, Political Movements, Palestinians, and Book Talk
- Political Geography:
- Middle East, Israel, and Palestine
3. Karabakh and Azerbaijani Statecraf
- Author:
- Michael M. Gunter
- Publication Date:
- 01-2024
- Content Type:
- Journal Article
- Journal:
- Baku Dialogues
- Institution:
- ADA University
- Abstract:
- This brief article seeks to make two important and related points. The first is that the international law principles of sovereignty and territorial integrity hold that Karabakh belongs to Azerbaijan, despite misleading arguments to the contrary about supposed Armenian rights of self-determination. The second provides a partial assessment of Heydar Aliyev’s legacy and how it relates to some of the policies pursued by his successor, Ilham Aliyev. Each will be examined in turn.
- Topic:
- International Law, Sovereignty, Territorial Disputes, and Self-Determination
- Political Geography:
- Armenia, Azerbaijan, South Caucasus, and Nagorno-Karabakh
4. China’s Responsibility, and Ours: The Persecution and Neglect of Stateless North Korean Children
- Author:
- Rob York, Hannah Cole, and Kaylin Kim
- Publication Date:
- 06-2024
- Content Type:
- Special Report
- Institution:
- Pacific Forum
- Abstract:
- What happens to the children of North Korean women who are born in China? What happens when they remain in China, or when they escape to other countries? It is believed that as many as 300,000 North Koreans have fled the country—most of them since the famine of the 1990s, and most of them women. To address China’s “bare branches”—its much larger population of young men than young women—North Korean women are often sold to young Chinese men as brides. The children of these brides will be born stateless, lack legal rights, and face the ever-present danger of their mothers’ deportation back to North Korea because they are considered illegal immigrants in China. These unique challenges persist, despite China being a party to the UN Convention on the Rights of the Child, among other international treaties. Even those children that eventually escape to third-party countries are haunted by their status, as their statelessness caused legal hindrances to their ability to settle and, specifically in South Korea, deprives them of government assistance. This study documents the treatment of “stateless” children born to North Korean and Chinese parents. It delineates the factors that contribute to their mistreatment—China’s unwillingness to anger the North Korean government, South Korea’s growing disinterest in North Korean defectors, and a lack of formal networks for North Korean defectors elsewhere. It further finds that, with China openly hostile toward “meddling” in its internal affairs, the most likely source of relief for these children will be a change in attitudes among South Koreans, the United States, and their allies and partners, resulting in conscious effort by their governments and civil societies to help them, both financially and in assisting with their assimilation.
- Topic:
- Human Rights, International Law, Children, and Statelessness
- Political Geography:
- China, Asia, and North Korea
5. The Children of War
- Author:
- Lila Roldán Vázquez
- Publication Date:
- 03-2024
- Content Type:
- Commentary and Analysis
- Institution:
- Argentine Council for International Relations (CARI)
- Abstract:
- Russia's full-scale invasion of Ukraine has shaken the world order and has seriously disrupted international peace and security. The geopolitical impact, the causes of the war and the reasons invoked to justify the armed aggression have been widely discussed. Among the many facets of the war, there is one issue that requires special attention, since it constitutes, without a doubt, one of its most serious consequences: the death of hundreds of children and the abduction of thousands of them, in flagrant violation of humanitarian law. We aim to analyze the circumstances and consequences of these actions, which may constitute a war crime, and to evaluate their impact in the medium and the long term.
- Topic:
- Security, International Law, Children, Civilians, International Order, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine
6. Ukraine, Gaza, and the International Order
- Author:
- Faisal Devji
- Publication Date:
- 02-2024
- Content Type:
- Policy Brief
- Institution:
- Quincy Institute for Responsible Statecraft
- Abstract:
- The ongoing crises in Ukraine and Gaza show the urgent need for a new internationalism that comes to grips with the increasing independence of middle and smaller powers around the world. Such a vision must reject the effort to re-impose a failed framework of unilateral U.S. primacy, or an effort to shoehorn multiplying regionally specific conflicts into an obsolete model of “great power competition” that recalls the Cold War between the United States and the Soviet Union. In both Ukraine and the Middle East, the United States has been unable to impose its will either militarily or diplomatically. Smaller nations have successfully defied American–backed military force. Even more concerning, a significant share of the global community has failed to follow the U.S. diplomatic lead and support the U.S. interpretation of international norms. But opposition to the United States has not been supported by a superpower peer competitor to the United States, along the lines of a Cold War model. The current emerging world order is instead characterized by “regionalization,” a situation where middle and even small powers around the world feel free to circumvent or even defy U.S. interpretations of global norms based on more local interests and regional security concerns. The stage was set for the current situation by the U.S. attempt to assert unilateral power during the War on Terror in ways that appeared to give the United States alone a de facto exemption from global norms and institutions. These actions reduced the legitimacy of the post–World War Two international order that the United States had helped to create, and led many in the international community to seek alternatives to a system that seemed to grant the United States almost arbitrary power to define the rules. The U.S. foreign policy establishment must come to grips with the newly deglobalized and regionalized world order. A failure to do so poses a grave threat to U.S. power and influence, as relationships with key emerging powers such as India, or even traditional U.S. allies in Europe and Asia are not immune from the kind of de–globalizing and regionalizing forces seen in Ukraine and the Middle East.
- Topic:
- Cold War, International Law, National Security, Hegemony, Grand Strategy, Armed Conflict, International Order, Russia-Ukraine War, and 2023 Gaza War
- Political Geography:
- Russia, Ukraine, Israel, Eastern Europe, Palestine, Gaza, and United States of America
7. Examining the Gap Between EU Fundamental Values in Theory and Practice: A Case Study of Macedonia’s Journey Toward EU Accession
- Author:
- Larisa Vasileska
- Publication Date:
- 04-2024
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- The objective of this paper is to assess the gap between the EU’s commitment to its values and the fairness of its accession process, in particular the Macedonian journey to the EU, which is not only contradictory to the EU’s core values but also contradictory to the principle of equal rights and self-determination. For this purpose, the methodology consists of conducting qualitative analysis based on two bilateral agreements and analyzing the evolution of EU requirements and their implications. The paper argues that rather than enforcing the Copenhagen criteria and making the country’s pre-accession progress contingent on the strengthening of the rule of law, the EU has expended enormous effort in what was essentially a political bilateral dispute between states, with the resolution of the dispute to be replaced as a pre-accession criterion. The paper concludes that the EU should return to its fundamental values and prioritize merit-based criteria in the enlargement process, not a politically based decision.
- Topic:
- International Law, Bilateral Relations, European Union, Rule of Law, Values, Disputes, and Enlargement
- Political Geography:
- Europe and Macedonia
8. The Challenges of Normalizing Relations Between Belgrade and Pristina: Implications of the “Agreement on the Path to Normalization”
- Author:
- Mihajlo Vucic and Dragan Djukanovic
- Publication Date:
- 04-2024
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- The article analyzes the process of normalizing relations between Belgrade and Pristina after adopting the Agreement on the Path to Normalization. The analytical framework of neorealism was used to explain that the normalization process was accelerated due to the war crisis in Eastern Europe. The international legal aspects of the agreement were scrutinized, based on the method of content analysis and comparative studies, to argue that the agreement is a legally binding treaty between two sides that respect each other’s international legal personality. The authors concluded that the European Union and the United States attempted to create new momentum in the decade-long and rather unsuccessful process by adopting the Agreement and the Annex on implementation. Thus, these documents were put in the context of relations between Belgrade and Pristina and broader European and regional levels of complex relations. In addition, the analysis concluded that the documents serve as new impulses in normalization as a continuous legal formalization of relations between the two sides based on international legal rules.
- Topic:
- International Law, Bilateral Relations, European Union, and Normalization
- Political Geography:
- Europe, Kosovo, Serbia, and Balkans
9. When the Exception Overtakes the Rule: COVID-19, Security Exemption Clauses, and International Investment Agreements
- Author:
- Kayla Maria Rolland
- Publication Date:
- 02-2024
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- In the trade and investment law regimes built in the post-war period, “security exemption clauses” were included within trade and investment agreements as a safety valve, permitting States to deviate from their commitments in the event that their security interests were implicated. Initially, these clauses were understood to be narrowly limited to instances of war and interstate conflict. With the rise of the national security state in the decades since, however, the concept of security interests has ballooned to encompass an ever-growing set of issues, with some fearing that the rules may become irrelevant. This has been particularly facilitated through “third generation” security exemption clauses and their inclusion of self-judging language. The COVID-19 pandemic in particular adds a new dimension to this phenomenon. As a case study analysis of the text of the Chile-Hong Kong, China SAR bilateral investment treaty (BIT) will demonstrate, it may be feasible for States to invoke security exemption clauses to justify measures taken in response to the COVID-19 pandemic in some contexts, particularly with third generation, self-judging security exemption clauses. The expanding notions of security exemption clauses have significant implications for the investor-State dispute system as a whole.
- Topic:
- Security, International Law, International Trade and Finance, Treaties and Agreements, COVID-19, and International Investment Agreements
- Political Geography:
- China and Global Focus
10. A Right to Come Within State Jurisdiction Under Non-Refoulement? Interpreting Article 1 of the European Convention on Human Rights in Good Faith Within the Context of Extraterritorial Migration Control
- Author:
- Laura Goller
- Publication Date:
- 02-2024
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Externalizing borders for the purpose of shifting and avoiding responsibilities under human rights law is not a new phenomenon in the context of migration control. In the Mediterranean, European States have increasingly sought new measures of extraterritorial migration control to avoid being held responsible under cornerstones of international refugee law such as non-refoulement. In the precedent Hirsi Jamaa and Others v. Italy, the European Court of Human Rights (ECtHR) established that the exercise of effective control over persons on the high seas amounts to the exercise of jurisdiction within the meaning of Art. 1 of the European Convention on Human Rights (ECHR). As a result, European States began to find new ways of controlling their borders. The focus on physically controlled ‘push-backs’ shifted to administratively controlled ‘pull-backs’. Cooperation with third States by equipping and training their coast guards has become a way for European States to avoid any direct contact with migrants, thereby avoiding triggering jurisdiction as defined by the current case law of the ECtHR. This paper focuses, first, on how ECtHR jurisprudence responds to new forms of extraterritorial migration control and, second, on how this concept of jurisdiction relates to the obligation of States to fulfill their international obligations in good faith. How can the object and purpose of an obligation be undermined if that obligation does not apply in the first place? While the realization of Hannah Arendt’s concept of ‘the right to have rights’ seems to depend in practice on the geographical location of the individual, this paper addresses the question of whether there might be a right to come within the jurisdiction of a State, in the sense of gaining access to a legal system, applying a good faith reading to non-refoulement.
- Topic:
- International Law, Migration, Borders, Jurisdiction, Non-refoulement, European Court of Human Rights (ECtHR), and European Convention on Human Rights (ECHR)
- Political Geography:
- Europe