Publication Year: within 3 Years / Topic: International Law

1. The Advisory Function of the International Court of Justice: Are States Resorting to Advisory Proceedings as a “Soft” Litigation Strategy?

Author:: Myrto Stavridi
Publication Date:: 04-2024
Content Type:: Journal Article
Journal:: Journal of Public and International Affairs (JPIA)
Institution:: School of Public and International Affairs (SPIA), Princeton University
Abstract:: In the last decades, there has been an increase in advisory opinions of the International Court of Justice (ICJ) that relate to vital political interests directly affecting the sovereignty of states. Even though advisory opinions are not binding and do not require the consent of the states involved, advisory proceedings have been increasingly and strategically used by states and international actors as contentious proceedings in disguise. Exploring the history of the advisory function of the ICJ and its predecessor, this article argues that advisory proceedings constitute a “soft” litigation strategy and a particularly useful tool for small states or non-state entities, as it has the potential to counterbalance the inherent power disparities in the process of international bargaining by adding the authoritative voice of the ICJ to the debate. This paper connects this development to a modern tendency of states to judicialize international affairs.
Topic:: International Law, Sovereignty, International Affairs, International Court of Justice (ICJ), and Advisory Opinions
Political Geography:: Global Focus

2. Is There Hope for Gaza Under International Law?

Author:: Abigail Flynn
Publication Date:: 01-2024
Content Type:: Journal Article
Journal:: Cairo Review of Global Affairs
Institution:: School of Global Affairs and Public Policy, American University in Cairo
Abstract:: Why has international law failed to hold Israel responsible for its destruction of Gaza? It was built to enable the colonizer, not to protect the colonized, explains legal expert Jason Beckett.
Topic:: Genocide, International Law, United Nations, International Court of Justice (ICJ), Israeli–Palestinian Conflict, and 2023 Gaza War
Political Geography:: Middle East, Israel, Palestine, and Gaza

3. Genocide on the Docket at the Hague

Author:: Omar Auf
Publication Date:: 01-2024
Content Type:: Journal Article
Journal:: Cairo Review of Global Affairs
Institution:: School of Global Affairs and Public Policy, American University in Cairo
Abstract:: International law is a tool for both oppression and emancipation, says AUC law professor Thomas Skouteris in this Q&A as he breaks down the intricacies of the ICJ’s January 26 order for provisional measures in South Africa v. Israel, and elucidates the present and future of international law.
Topic:: Genocide, International Law, International Court of Justice (ICJ), and 2023 Gaza War
Political Geography:: Israel, South Africa, Palestine, Gaza, and The Hague

4. Resistance and Change in Form and Content of International Law: A Third World Perspective on Commodity Form Theory of International Law

Author:: Muhammad Azeem
Publication Date:: 06-2024
Content Type:: Journal Article
Journal:: Uluslararasi Iliskiler
Institution:: International Relations Council of Turkey (UİK-IRCT)
Abstract:: Can Marxists, especially in the Third World, use international law for progressive social change? Responding to the Soviet Union's context and its jurisprudential challenges in constructing socialism, Pashukanis's seminal work on commodity form theory is nihilistic, assuming the very nature of form of international law as bourgeois with limited possibilities of radical change as its new content. European Marxism, on the other hand, in its context of revolutionary defeat and consequent postmodernist pessimism of cultural Marxism, either relies on Pashukanis's nihilistic position or a pragmatist and realist posture, insisting on staying within the law's bourgeois form and being content with social democracy. As opposed to this, Third World Approaches to International Law (TWAIL) scholars, while exploring the imperialist nature of international law and representing one variant of Third World Marxism, have been more optimistic, wanting to use international law to restrain and shield against powerful Western states, i.e., they believe that the content of Third World resistance can change the form of international law. This article deconstructs this class “content” of international law in the understanding of TWAIL and shows the postcolonial Third World states, and even in the yet to be independent states, were dominated by their dependent local elite, which had compromised by the ex-colonizers and had started blocking radical structural changes in Third World. Soon, the target of imperialism and the Third World elite became radical movements in the Third World, and this struggle of the marginalized shaped international law. Therefore, relying on the radical tradition of Third World Marxism and taking the right of self-determination as an example, this article argues that both the content and form of international law were simultaneously used, subverted, and changed in a dialectical and dynamic way by the resistance of the people of the Third World.
Topic:: International Relations, International Law, Socialism/Marxism, Resistance, Self-Determination, Third World Marxism, Western Marxism, and Soviet Official Marxism
Political Geography:: Global Focus

5. A Discussion with Omar Shakir: Gaza, Genocide, and International Law

Author:: Omar Shakir
Publication Date:: 02-2024
Content Type:: Video
Institution:: Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:: A discussion about Gaza, genocide, and international law with Omar Shakir, the Israel and Palestine Director at Human Rights Watch.
Topic:: Genocide, Human Rights, International Law, and Armed Conflict
Political Geography:: Middle East, Israel, Palestine, and Gaza

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. Containing the Containment: Using Art. 16 ASR to Overcome Accountability Gaps in Delegated Migration Control

Author:: Almut Möller
Publication Date:: 02-2024
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: When the European Court of Human Rights found Italy responsible for push-backs on the high seas in Hirsi Jamaa based on Italy’s effective control over the individuals, it simultaneously solidified the concept of jurisdiction as a prerequisite of human rights obligations and provided States with deeper knowledge on how to avoid responsibility. Since then, instead of pushing the migrants back themselves, destination States increasingly delegate the task of migration control to third States. Under the guise of “capacity building”, they fund, train, and equip third States to exercise containment measures and carry out pull-backs. By way of bilateral agreements, destination States remain in control of the migration flow while avoiding any direct contact with the migrants that would trigger their human rights obligations. One example for this is the Italian-Libyan cooperation under the 2017 Memorandum of Understanding, which was renewed in 2020. Migrants intercepted by Libya are systematically detained in prisons under horrific conditions, which is in clear violation of their human rights. The present article explores ways to allocate responsibility on destination States for their involvement in those human rights violations notwithstanding the lack of jurisdiction. In particular, the article deals with the question whether the general international law of State responsibility is applicable alongside international human rights law. Responsibility for complicity, as lined out in Art. 16 of the Articles on State Responsibility for Internationally Wrongful Acts, is compared to the concept of due diligence obligations in international human rights law, dismissing the claim that the latter poses lex specialis. Subsequently, Art. 16 ASR’s substantive requirements are applied to the case study in order to test the provision’s capability to overcome the accountability gap.
Topic:: Human Rights, International Law, Migration, Accountability, and European Court of Human Rights (ECtHR)
Political Geography:: Europe, Libya, and Italy

16. Nigerien Law 2015-36: How a New Narrative in the Fight Against Smugglers Affects the Right to Leave a Country

Author:: Sarah Isabel Pfeiffer
Publication Date:: 02-2024
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: In 2015, the Republic of the Niger adopted an anti-migrant smuggling law (Law 2015-36) with direct involvement of the European Union (EU). Since then, concerns have been raised that this law constitutes a de facto travel ban for anyone moving northwards from Niger. Rather than addressing the involvement of the EU, this article will focus on the direct obligations of Niger, including those set by regional human rights agreements, as the country where the so-called cooperative migration control takes place. People on the move towards Libya will be a special focus as the most affected by the Nigerien law. First, the Nigerien law and its provisions will be described, in order to then assess whether the law and its application infringe the human right to leave any country including one’s own. Drawing from the findings of non-governmental organizations and the United Nations Special Rapporteur on the Human Rights of Migrants, this article argues that Law 2015- 36 renders it impossible for non-Nigerien nationals to leave the country without risking their life and safety. Thus, Law 2015-36 infringes the right to leave. The third part explores possible justifications for the law with a focus on the interests of people on the move, the interests of bordering States, and national interests. It finds that Law 2015-36 is disproportionate and, in fact, impairs the essence of the right to leave, resulting in an unjustified interference. The concluding fourth part contains recommendations for possible amendments to the law.
Topic:: Human Rights, International Law, Migration, European Union, Smuggling, and Irregular Migration
Political Geography:: Africa, Europe, and Nigeria

17. Prosecuting Russia’s Crime of Aggression: A critical reflection

Author:: Sonia Boulos
Publication Date:: 06-2024
Content Type:: Journal Article
Journal:: Journal on International Security Studies (RESI)
Institution:: International Security Studies Group (GESI) at the University of Granada
Abstract:: Since the beginning of Russia’s war of aggression against Ukraine, international law has become a center piecein Ukraine’s war efforts. The Hyper response of legal and other international institutions have prompted some to call these developmentsas the “Ukraine moment”. Theterm suggeststhat the legal response to the war represents,potentially,atransformative moment for international law in its pursuit of justice. Focusing on the crime of aggression, the aim of this article is to answer the question whether the international response to the Russian war of aggression against Ukraine symbolizesgenuinelya transformativeinternational law moment
Topic:: International Law, Russia-Ukraine War, Aggression, and Double Standards
Political Geography:: Russia, Europe, and Ukraine

18. Taiwan’s International Legal Standing: Navigating the Fragile Status Quo

Author:: Mahir Al Banna
Publication Date:: 04-2024
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: This study aimed to discuss the legal limbo of Taiwan, whose political situation lies in a grey area of international law. Its legal status is ambiguous: while meeting the characteristics of a State, it is not recognized by other States so long as China claims it as a Chinese territory. The methodology developed in this study adopted the descriptive analytical approach to the different principles of international law, in addition to quantitative methods, which involved gathering data on cases, courts, and resolutions of international organizations, followed by thorough analysis. This research provided an in-depth investigation to critically assess Taiwan’s fragile status quo, threatened by a potential Chinese military intervention. The study found that the idea that Taiwan is deprived of legal status points out the shortcomings of international law. This study concluded that to overcome this tricky situation, Taiwan should take bold moves, such as making constitutional reforms to facilitate its independence.
Topic:: International Law, Status Quo, Recognition, and Use of Force
Political Geography:: China, Taiwan, and Asia

19. The Politics behind the EU-Rwanda Deal(s) and its Consequences

Author:: Kristof Titeca
Publication Date:: 11-2024
Content Type:: Policy Brief
Institution:: EGMONT - The Royal Institute for International Relations
Abstract:: On the 14th of October, the news emerged that the EU is in the final stages of a discussion to award €20 million to the Rwandan army for its operations in Mozambique – where it is fighting insurgents in the oil-rich Gabo Delgado province. It would be the second time in two years that the EU awards this amount under the European Peace Facility (EPF): it also did so in December 2022. At that time, the decision was met with anger in the Democratic Republic of Congo (DRC), as it was already documented by the UN how the Rwandan Defense Forces (RDF) were supporting the M23 rebellion in Eastern DRC. In the meantime, this support has become clearer, with the last report from the UN Group of Experts from June 2024 extensively documenting the RDF operations with M23 in Eastern DRC. The news of potentially another €20 million is therefore met with anger in Congolese politics and society, primarily directed at the EU. It is a question which puzzles many: why does the EU want to award €20 million to the Rwandan army, in the midst of its violations of international law in Eastern DRC? This piece will unpack this question and reflect on the consequences for the regional dynamics and the EU.
Topic:: Security, Foreign Policy, International Law, Politics, and European Union
Political Geography:: Africa, Europe, and Rwanda

20. The Practice, Promise and Peril of EU Lawfare

Author:: Steven Blockmans
Publication Date:: 05-2024
Content Type:: Special Report
Institution:: International Centre for Defence and Security - ICDS
Abstract:: Power generates law and its interpretation, irrespective of whether it serves the cause of international justice. Despite its many shortcomings, the rules-based international order (RBIO) tries to advance that cause. But as a concept, the RBIO is now being rejected by China, Russia and parts of the so-called “Global South” for what they claim is the Western hegemonism and liberal values that underpin it. The fact that these countries have voluntarily signed up to the international covenants that enshrine the legal doctrines to strengthen the sovereign rights of weaker countries, especially in the context of economic relations, makes it hard to sympathise with the argument that the RBIO should be replaced by another concept, especially one that is advanced by autocracies. The RBIO has been partially shaped by the European Union (EU), a community of law that encodes the aspiration of “good global governance” in its constitutional DNA. With the waning “Brussels effect”—the soft power of EU law in shaping international rules and standards, the EU should consider how to instrumentalise the law to protect and promote its foreign policy interests, first and foremost the protection and promotion of the RBIO. This report unpacks the notion of “lawfare” and conducts a comparative analysis of such practices by the US, China, Russia, Ukraine, Turkey and others to assess the promise and peril of the EU using the power of the law to its strategic advantage.
Topic:: International Law, Sanctions, European Union, International Order, and Russia-Ukraine War
Political Geography:: Russia, China, Europe, Turkey, Ukraine, and United States of America

21. Finding Law in the History of Global Violence: An Interview with Lauren Benton

Author:: Lauren Benton and Daniel R. Quiroga-Villamarín
Publication Date:: 07-2024
Content Type:: Commentary and Analysis
Institution:: The Toynbee Prize Foundation
Abstract:: Violence is, in the public imagination, the law’s radical Other. Brutality and cruelty, we tend to believe, are elements that flourish in law’s absence. Not only is the appearance of violence a symptom of the absence of order, but its bloody outbursts are taken to be utterly meaningless. The narrative of the emergence of “modern” law —both within, and beyond, the nation-state— is usually that of the triumph of reason and deliberation over violence. This progression supposedly entailed the prohibition (or at least, the domestication) of force in local and global politics. Against this rather rosy narrative, Lauren Benton invites us to read the ways in which violence and law act, together, to cement claims of global order. Benton does so by placing so-called “small wars” at “the center of a new history” of interpolity relations (p. xii). Instead of seeing them as mere “manifestations of insurgency and counterinsurgency,” she studies how a variety of practices (“raiding and other sporadic violence as well as conflicts that were small in scale, remained undeclared, or lasted for relatively brief periods”) were central to how European empires justified the legality of their expansion over the globe (p. 7). Such “small” wars, in fact, could be quite “big” in scale or “long” over time. What matters is that all these instances of violence oscillated at the “threshold of war and peace” (p. 8) —and, as such, raised thorny questions about their legal basis all long the imperial chain of command. The productive ambiguities offered by this “law of neither war nor peace” offered enormous opportunities for those who knew who to exploit them —as Benton shows by tracing how imperial agents negotiated this threshold at different times and places, from the Iberian Conquistadores “discovering” the Americas all the way to their successors in our own day and age (p. 184-185). The contours of this vague threshold were not, as Benton argues, predetermined by the metropolitan laws of expanding European empires. Pushing against histories of “diffusion” of laws of war from the West to the Rest (p. 9), Benton instead analyzes how agents in different imperial locales —for instance, in both the colonial frontier and heartland— raised arguments about the legality of violence within and beyond the threshold (p. 60). Moreover, “not just Europeans, and not just law-trained elites” were productively exploiting the ambiguities of this threshold (p. 17). The book is replete with cases in which non-lawyers (for example, a British captain patrolling distant seas) or local elites (for instance, rulers in South Asia) were active interpreters of the law applicable to the violence they encountered (p. 146). By bringing together a variety of materials from different continents and periods, Benton provides a thoroughly global account of the interpenetration of law and violence in the making of empire —past, present, and perhaps even future.
Topic:: International Law, Law, Violence, Interview, and Armed Conflict
Political Geography:: Global Focus

22. Political and Economic Dimensions of the Dominance of Selected Asian Recycling Yards in the World

Author:: Malgorzata Kamola-Cieslik
Publication Date:: 01-2024
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: India, Bangladesh, and Pakistan have dominated the global ship recycling market in the 21st century. A recycled ship provides steel and other metals for industrial reuse. In addition to economic gains, ship recycling affects the environment and workers’ health. The article compares the changes in the policies of the governments of India, Bangladesh, and Pakistan regarding recycling shipyard operations from 2009-2022 in the context of international and EU law standards. It also shows the impact of international organizations, shipbuilding trade unions, Shipbreaking Platform non-governmental, Maersk shipping company, and Norway on the decisions of South Asian countries to make them ratify the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships. Analysis of the collected research material allows us to conclude that the governments of India, Bangladesh, and Pakistan have shown varying degrees of understanding of introducing legal regulations for safe ship recycling.
Topic:: Government, International Law, Recycling, and Trade Unions
Political Geography:: Pakistan, Bangladesh, India, and Asia

23. Israel and the ICJ: Comparing International Court Cases During the Gaza War

Author:: Alexander Loengarov
Publication Date:: 07-2024
Content Type:: Commentary and Analysis
Institution:: The Washington Institute for Near East Policy
Abstract:: The current cycle of legal actions involving Israel is unprecedented in scope and politicization, but governments are still better off engaging with the process and lodging their objections there than dismissing it outright. On July 19, the International Court of Justice (ICJ) will deliver an advisory opinion on the “legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.” The opinion was requested by the UN General Assembly (UNGA) more than a year and a half ago—well before the Gaza war broke out—in the context of efforts to increase awareness of the Palestinian issue at various international forums, as well as more specific concerns about escalating “tensions and violence” with Israel. The timing of this week’s opinion might seem incongruous given how much has taken place since it was first requested in January 2023. Yet it is in keeping with a wartime trend in which more new cases are being brought before international courts, and pending cases are being rekindled and amplified. Distinguishing between these cases is instructive.
Topic:: Genocide, International Law, International Court of Justice (ICJ), and 2023 Gaza War
Political Geography:: Middle East, Israel, Palestine, and Gaza

24. The Rabble of International Community over Afghanistan and the Recognition of Taliban Government

Author:: Matiullah Safi
Publication Date:: 07-2024
Content Type:: Journal Article
Journal:: South Asian Studies
Institution:: Department of Political Science, University of the Punjab
Abstract:: It is to highlight the responsibility of the international community, and the concerns of the Afghan people under international law in the wake of the Taliban takeover on 15/ August/ 2021. Considering the apprehensions of Afghans under the rule of the Taliban in Afghanistan and the prodigious behavior of global polity, and regional powers to the recognition of the Taliban as a political party and finally the legitimate leadership of Afghanistan has legal domestic, international, and regional implications for Afghan people. The recent engagement of the international community with the Taliban government and the dynamics of political statements of the nations around the world and regional states have created a domino effect for recognition among regional powers over the course of the short history of the Taliban government in Afghanistan including the United Nations' response. A considerable segment of the international community is looking for economic, political, and strategic interests rather than international norms of diplomacy, human rights, and other international considerations for the recognition of the Taliban government. This paper investigates the interdependence between international law, regional politics, and human rights in the wake of the Taliban‟s takeover of Afghanistan. The paper also provides a conceptual framework for international recognition of the Taliban‟s government, it critically analyzes the international community‟s engagement with the Taliban's emergence as the de facto government and the broader implications for both Afghan citizens and global actors.
Topic:: International Law, Taliban, International Community, and Recognition
Political Geography:: Afghanistan and South Asia

25. R2P Monitor, Issue 68, 1 March 2024

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 03-2024
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 68 looks at developments in Afghanistan, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Cameroon, Central African Republic, South Sudan and Yemen.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, North Korea, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, Central African Republic, and Global Focus

26. The Responsibility to Protect in the Americas: Exploring Sources of Mass Atrocity Risk and Best Practices for Response

Author:: Elisabeth Pramendorfer
Publication Date:: 03-2024
Content Type:: Working Paper
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: Over the past four decades, countries throughout Latin America and the Caribbean have made important strides – transitioning from dictatorship to democracy, exploring avenues for transitional justice, reconciliation and memorialization of past atrocities, and becoming champions of the human rights norms and multilateral institutions that safeguard humanity. Despite this progress, today the region has once again become one of the most violent in the world and governments around the region are systematically curtailing human rights. Independent UN investigations have documented possible crimes against humanity in Venezuela and Nicaragua. Similar patterns of systematic violations are unfolding in El Salvador. Escalating urban and gang-related violence in Brazil and Haiti resemble conflict zones and have resulted in unprecedented casualties. Meanwhile, the structural marginalization of Indigenous Peoples across the region, the militarization of security strategies and attacks against judicial independence are emblematic features of many countries in the Americas. Despite documentation of how phenomena like gang violence and structural marginalization of Indigenous Peoples may facilitate an environment conducive to the commission of atrocity crimes, atrocity prevention frameworks have not sufficiently considered the unique risks associated with these threats. While varying in scope and severity, democratic backsliding has further exacerbated the risks associated with these patterns in recent years. Instead of addressing such institutional risk factors, governments have gradually eroded the rule of law and have resorted to violating human rights, curtailing, and, in some cases, repressing and criminalizing civic space. Disproportionate and violent responses to street protests in Chile, Colombia and the United States further demonstrate that atrocity prevention should become both a domestic and foreign policy imperative. This Occasional Paper assesses recent protracted and emerging atrocity crises by examining various institutional and hybrid risk factors present in Venezuela, Nicaragua and El Salvador. This paper also provides recommendations for governments to identify gaps and opportunities to address atrocity risks in their own country, as well as how to strengthen the region’s atrocity prevention capacities by presenting options available on the regional and multilateral level to ensure robust and time-sensitive response. It is not too late to ensure effective, holistic and coordinated response to emerging situations in the Latin America and Caribbean region. Doing so will require the requisite political will, a steadfast commitment and the courage to prioritize human rights by countries in the region and beyond.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), Atrocity Prevention, and Democratic Backsliding
Political Geography:: South America, Latin America, and Caribbean

27. R2P Monitor, Issue 69, 1 June 2024

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 05-2024
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 69 looks at developments in Afghanistan, Central Sahel (Burkina Faso, Mali and Niger), Democratic People’s Republic of Korea, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic and South Sudan. Updates for Cameroon, China and Yemen are available on our Populations at Risk page.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, Sudan, Ukraine, Israel, North Korea, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, Sahel, and Central African Republic

28. R2P Monitor, Issue 70, 1 September 2024

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 09-2024
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 70 looks at developments in Afghanistan, Central Sahel (Burkina Faso, Mali and Niger), Democratic People’s Republic of Korea, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic and South Sudan. Updates for Cameroon, China and Yemen are available on our Populations at Risk page.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, Sudan, Ukraine, Israel, North Korea, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Sahel, and Central African Republic

29. R2P Monitor, Issue 71, 1 December 2024

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 12-2024
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 71 looks at developments in Afghanistan, the Central Sahel (Burkina Faso, Mali and Niger), Democratic People’s Republic of Korea, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic and South Sudan. Updates for Cameroon, China and Yemen are also available on our Populations at Risk page.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, Sudan, Ukraine, Israel, North Korea, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Sahel, and Central African Republic

30. The Void Above: The Future of Space Warfare and a Call to Update the Rule of International Space Law

Author:: Alan Cunningham
Publication Date:: 03-2024
Content Type:: Journal Article
Journal:: Journal of Advanced Military Studies
Institution:: Marine Corps University Press, National Defense University
Abstract:: In an age where space warfare is becoming more likely and a militarized space is already a reality, it is imperative to develop a strong legal framework to try and prevent nation-states from engaging in warfare. By implementing legal standards, improving on the existing legal framework, and taking input from outside legal sources, outer space can be made safer and the potential for armed conflict more protected against.
Topic:: International Relations, International Law, International Security, Military Affairs, Space, Warfare, and Space Law
Political Geography:: Global Focus and Space

31. Violating the Temple Mount’s Legal Status? Where is the Violation?

Author:: Yifa Segal
Publication Date:: 02-2023
Content Type:: Working Paper
Institution:: Jerusalem Institute for Strategy and Security (JISS)
Abstract:: The recent visit to the Temple Mount by a government minister raises again the question of the legal status of the Mount, the content and circumstances of the status quo, and the legal questions of Israeli and international law regarding visits there by Jews.
Topic:: International Law, Religion, Territorial Disputes, and Discrimination
Political Geography:: Middle East, Israel, Palestine, and Jerusalem

32. Judging Putin

Author:: Arnaud De Nanteuil
Publication Date:: 04-2023
Content Type:: Policy Brief
Institution:: Robert Schuman Foundation (RSF)
Abstract:: The publication of an international arrest warrant against Vladimir Putin on 17 March 2023 by the Second Pre-Trial Chamber of the International Criminal Court (ICC) has caused a stir. Although the institution is far from immune from criticism (it has long been accused of being "strong with the weak and weak with the strong"), this is a major change in the Court's policy as it is the first warrant ever issued against the sitting leader of a permanent member of the UN Security Council; a member who, moreover, in a chilling irony of history, played a key role in the Nuremberg Trial. In some respects, this is a gamble, given the many obstacles that stand between this historic event and a possible conviction of Vladimir Putin. But this arrest warrant is also a way to put the ICC back in the centre of the game, even though until now it seems to have been largely denied the possibility of judging the main perpetrator of the war of aggression against Ukraine and its disastrous humanitarian consequences.
Topic:: International Law, War Crimes, International Criminal Court (ICC), Vladimir Putin, and Russia-Ukraine War
Political Geography:: Russia, Europe, and Ukraine

33. WOULD AN ARMED HUMANITARIAN INTERVENTION IN HAITI BE LEGAL—AND COULD IT SUCCEED?

Author:: Alexandra Byrne, Zoha Siddiqui, and Kelebogile Zvobgo
Publication Date:: 02-2023
Content Type:: Commentary and Analysis
Institution:: Political Violence @ A Glance
Abstract:: Haitian officials and world leaders are calling for an armed humanitarian intervention backed by the United Nations (UN) to defeat organized crime. Gangs in Haiti have reportedly kidnapped and killed hundreds of civilians and displaced thousands. Gangs are also limiting access to fuel and blocking critical humanitarian aid to civilians. Add to this a resurgence of cholera. The United States asked the UN Security Council in October to approve a targeted intervention, under Chapter VII of the UN Charter. US Ambassador to the United Nations Linda Thomas-Greenfield underscored “extreme violence and instability” in Haiti and proposed a mission led by a “partner country” (not the United States or UN peacekeeping forces). There is nominal support for the mission. In the coming weeks, Canada will send naval vessels to Haiti’s coast, and Jamaica has offered some troops, but no country is taking the lead. Critics argue that past missions in Haiti did more harm than good. In 2010, UN peacekeepers even reintroduced cholera into Haiti. Nonetheless, the United States is pushing for an intervention.
Topic:: International Law, United Nations, Peacekeeping, and Humanitarian Intervention
Political Geography:: Caribbean, Haiti, and United States of America

34. International Law and Palestine featuring George Bisharat

Author:: George E. Bisharat
Publication Date:: 03-2023
Content Type:: Video
Institution:: Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:: Law is where power announces its victories. In other words, law generally, and international law in particular, have little independent potency to shape social and political realities. That principle is well-demonstrated in the case of Israel/Palestine, where law has exercised little impact on the ground, other than to legitimate Israel’s domination and dispossession of the Palestinians among certain audiences. Can that dynamic be altered, such that Palestinian rights can be vindicated by law? Possibly, by treating international law as one kind of discourse that is persuasive in certain contexts and in certain fora, from which Palestinian voices cannot afford to be absent. It follows, however, that legal discourse is not a substitute for other forms of struggle, and is likely capable of no more than a subordinate role in a broader movement for Palestinian rights.
Topic:: Human Rights, International Law, and Justice
Political Geography:: Middle East, Israel, and Palestine

35. The Trajectory of International Relations Dissertations in Turkish Academia Between 2000 and 2020

Author:: Özge Özkoç and Çağlayan. Pınar
Publication Date:: 01-2023
Content Type:: Journal Article
Journal:: All Azimuth: A Journal of Foreign Policy and Peace
Institution:: Center for Foreign Policy and Peace Research
Abstract:: Dissertations are among the most important elements of academic production, along with scientific research articles and books. They not only reveal an academic’s field of research, but also provide clues as to what research methods and tools scholars will employ in postdoctoral studies. Moreover, and crucial to this paper, they are important indicators of the trajectory of research fields, as well as their general roles in the academic world. This study aims to reveal general trends/indicators in Turkish International Relations (hereafter IR) dissertations through an analysis of IR dissertations written in various Turkish universities between 2000 and 2020. There is a rather widespread claim among IR academics in Turkey that this particular community largely contributes to the Western-oriented discipline of IR as local or regional experts, dealing mainly with Turkish foreign policy and regional problems rather than with theoretical concerns in IR. A further aim of this study is to test whether this claim remains valid with the analysis of recent IR dissertations produced in Turkish universities.
Topic:: International Relations, Diplomacy, International Law, Academia, and Dissertations
Political Geography:: Turkey and Middle East

36. Dogmatik and International Criminal Law: Approximations in the Realm of ‘Language’ and ‘Grammar’

Author:: Morten Boe
Publication Date:: 08-2023
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: Starting from the assertion of George Fletcher that there could never be an effective International Criminal Law (ICL) without a corresponding ICL Dogmatik – understood as a supporting culture of ideas and general principles – the article attempts to retrace and critically assess the connection made between the domestic concept and the international realm; to give a first approximation of what ‘ICL Dogmatik’ is supposed to mean. While not being definable in a conclusive way, Dogmatik – as understood in the German legal system – represents a specific habitus and mindset when approaching law, providing for an autonomous legal discourse fueled by the aspiration of a coherent normative system based on argumentative rationality and close cooperation of legal scholarship and legal practice. The article argues that, while the term Dogmatik is a specific cultural expression, the substance of the concept more generally refers to and echoes universal challenges of law and legal scholarship. The urge for an ICL Dogmatik should therefore not be (mis-)understood to argue for an authoritative rule of scholars or the adoption of German legal theories on the international level. Instead, the statement enunciates the necessity to establish ICL as an autonomous normative framework of concepts and terms. Dogmatik merely stands for an abstract vision, which may help to organize legal thinking in ICL, to structure and systemize the field, and most importantly to raise awareness for the necessity to develop a shared and coherent (legal) language, which enables productive discourse between all legal families.
Topic:: International Law and International Criminal Law (ICL)
Political Geography:: Global Focus

37. The Settlement of EEZ Fisheries Access Disputes under UNCLOS: Limitations to Jurisdiction and Compulsory Conciliation

Author:: Valentin J. Schatz
Publication Date:: 08-2023
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: This article revisits the scope of the limitation to jurisdiction ratione materiae under Article 297(3) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in the context of Exclusive Economic Zone (EEZ) fisheries access disputes in the light of recent jurisprudence of UNCLOS tribunals. It first provides an overview over general aspects of Article 297(3) of UNCLOS in the compulsory dispute settlement mechanism of Section 2 of Part XV of UNCLOS. Next, it briefly considers the relationship between Article 297(3) and Article 297(1) of UNCLOS in order to clarify the former limitation’s role in the complex internal logic of Article 297 of UNCLOS. Thereafter, this article addresses the sometimes-overlooked function of Article 297(3) of UNCLOS as a confirmation of jurisdiction with respect to fisheries disputes that are not related to the EEZ. It then analyzes the scope of the limitation to jurisdiction ratione materiae of Article 297(3) of UNCLOS in the context of fisheries access disputes. Next, this article examines the potential and limits of the compulsory conciliation procedure under Article 297(3)(b) and Annex V of UNCLOS with a focus on the scope of the procedural mandate and subject-matter competence of such conciliation commissions.
Topic:: Economics, International Law, and Fishing
Political Geography:: Global Focus

38. Compulsory Settlement of EEZ Fisheries Enforcement Disputes under UNCLOS: “Swallowing the Rule” or “Balancing the Equation”?

Author:: Camille Goodman
Publication Date:: 08-2023
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: While there is a widely held view that disputes concerning fisheries in the exclusive economic zone (EEZ) are largely exempt from the compulsory jurisdiction of courts and tribunals as a result of far-reaching exceptions in Part XV of the 1982 United Nations Convention on the Law of the Sea (LOSC), this is not the case for all EEZ fisheries disputes. This article examines the specific question of disputes concerning the enforcement of fisheries laws and regulations in the EEZ, and considers how the Part XV framework has been – or could be – used and interpreted for the compulsory settlement of EEZ fisheries enforcement disputes. It examines the obligation of prompt release established in Article 292, the option to exclude compulsory jurisdiction with respect to law enforcement activities concerning EEZ fisheries by written declaration under Article 298(1)(b), and the opportunity to bring disputes concerning EEZ fisheries enforcement within the scope of compulsory jurisdiction under Article 297(1) by characterising them as relating to the freedom of navigation or the protection and preservation of the marine environment. Framing its enquiry by reference to the question posed in this special issue, the article argues that, rather than “swallowing the rule” of compulsory jurisdiction, the jurisdictional scheme established for EEZ fisheries enforcement disputes helps to “balance the equation” and support the effectiveness of Part XV in protecting the compromises that are embodied in the LOSC.
Topic:: International Law, Territorial Disputes, Fishing, and Jurisdiction
Political Geography:: Global Focus

39. The Many Facets of EEZ Fisheries Disputes and their Resolution under UNCLOS

Author:: Natalie Klein
Publication Date:: 08-2023
Content Type:: Working Paper
Institution:: The Goettingen Journal of International Law
Abstract:: The core question being posed for this symposium was whether the ‘exception swallows the rule’ in relation to disputes concerning fishing in the exclusive economic zone (EEZ). This question emerges because of the starting point that disputes relating to the interpretation or application of the UN Convention on the Law of the Sea (UNCLOS)1 may be subject to compulsory procedures entailing binding decisions – arbitration or adjudication – at the request of a party to the Convention. However, while this ‘rule’ is the start, it is immediately important to point our that there are exceptions and limitations to this proposition; the grant of compulsory jurisdiction in UNCLOS is limited in significant ways.2 The ‘exception’ of concern to this symposium is set out in Article 297(3) of UNCLOS, which excludes fisheries disputes from adjudication or arbitration in the following situation: “the coastal State shall not be obliged to accept the submission to such settlement of any dispute relating to its sovereign rights with respect to the living resources in the exclusive economic zone or their exercise, including its discretionary powers for determining the allowable catch, its harvesting capacity, the allocation of surpluses to other States and the terms and conditions established in its conservation and management laws and regulations.“3 Pursuant to Article 298(1)(b), States also have the option to exclude ‘disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal’ under Article 297(3).4 The symposium papers that follow seek to improve our understanding of these exceptions to compulsory jurisdiction; do they swallow the ‘rule’ of compulsory jurisdiction? This introduction aims to explain the relevance of the exception (Part B), situate the papers that are part of the symposium (Part C) and indicate what has been jurisprudentially achieved despite the exception (Part D).
Topic:: International Law, Sovereignty, Fishing, and Disputes
Political Geography:: Global Focus

40. Pursuing justice for international crimes in Ukraine: A patchwork of multi-level and long-running efforts

Author:: Katja Creutz
Publication Date:: 06-2023
Content Type:: Policy Brief
Institution:: Finnish Institute of International Affairs (FIIA)
Abstract:: The Russian aggression against Ukraine has triggered debates and initiatives on how to address crimes under international law committed in and against Ukraine, including war crimes and the crime of aggression. A single institution capable of dealing with all international crimes is nonetheless lacking. Tens of thousands of alleged war crimes have been reported and documented, part of which the Ukrainian courts themselves are handling. The massive caseload requires international assistance, in addition to which the ICC is also investigating alleged war crimes. The international community is divided in regard to the investigation and prosecution of the crime of aggression. As the ICC lacks jurisdiction with respect to this crime in this particular situation, European states are advancing a special ad hoc tribunal. Nonetheless, the majority of countries globally, particularly in the Global South, find it hard to support the initiative. The discussion on the best way to proceed with regard to addressing the crime of aggression committed by Russia is ongoing. Many problematic issues are being debated, ranging from political desirability to the issue of head of state immunities.
Topic:: Human Rights, International Law, United Nations, War Crimes, and Russia-Ukraine War
Political Geography:: Russia, Ukraine, and Eastern Europe

41. Cities as global actors: Bringing governance closer to the people

Author:: Katja Creutz
Publication Date:: 02-2023
Content Type:: Policy Brief
Institution:: Finnish Institute of International Affairs (FIIA)
Abstract:: Globalization and extensive urbanization worldwide have brought cities to the forefront of global governance in a multilateral system designed and created for states. Cities have come to exercise power due in part to the inadequacy or ineffectiveness of inter-state action, but also because their democratic nature and immediate connection to the population make them legitimate actors. Cities are also home to many problems of a global nature, such as greenhouse gas emissions, pandemics, and sustainability. This makes them uniquely situated to address these challenges. City diplomacy has become a prevalent feature in many global policy issues, ranging from climate change to development cooperation. The primary tool through which cities act is networking, with hundreds of global city networks pursuing the interests and values of their constituencies. By demanding a seat at the table where global affairs are decided upon, cities challenge and complement the state-based international order, in addition to which they stretch the basic concepts and constructs of both international relations and international law.
Topic:: Globalization, International Law, Governance, Democracy, and Cities
Political Geography:: Global Focus

42. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?

Author:: Steven Blockmans
Publication Date:: 05-2023
Content Type:: Policy Brief
Institution:: International Centre for Defence and Security - ICDS
Abstract:: Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
Topic:: Human Rights, International Law, European Union, and Russia-Ukraine War
Political Geography:: Russia, Europe, and Ukraine

43. Recovering the History of Interwar International Environmental Law: An Interview with Omer Aloni

Author:: Daniel R. Quiroga-Villamarín and Omer Aloni
Publication Date:: 04-2023
Content Type:: Commentary and Analysis
Institution:: The Toynbee Prize Foundation
Abstract:: For a long time, international legal scholars and practitioners tended to see the League of Nations solely as a historical failure. In leading textbooks and inside the classroom, it was not uncommon to read and hear depictions of the interwar international institutions as a mere prelude to the post-1945 international order. The League, in comparison to the United Nations, was dismissed as a moment of not yet. In the last decade or so, however, more nuanced waves of scholarship across disciplines have unearthed the inner lives of international ordering, exploring the immense efforts and disappointments that surrounded the work of the League and other interwar institutions. In his recent monograph, Omer Aloni joins this renaissance of historical scholarship, adding a distinctively socio-legal perspective grounded in rich archival research to a conversation in which lawyers have been relative latecomers. In this sense, The League of Nations and the Protection of the Environment (Cambridge University Press, 2021) provides an exploration the ways in which the relations between “nature, environment, and humankind” were legally regulated at the international plane in the interwar period—and beyond. Aloni’s monograph offers a textured account not only of the origins of modern international environmental law, but also of the deep roots of our contemporary ecological crises. In it, we find that many of the issues that contemporary commentators decry as novel have, in fact, long histories. For instance, Aloni details that the quest for environmental protection and conservation has long been tangled with difficult questions related to scientific expertise, civil society participation, colonial and imperial hegemony, industrial lobbies and economic interests, and the relationship between public and private interests. By exploring several cases studies (which, as Aloni notes, “cover almost every part of the Earth—from the depth of the oceans to wooden landscapes”), the monograph provides us with a thick account of the interaction between the League, legal vocabularies, and environmental agendas. In our conversation, we explore what Dr. Aloni’s book can reveal about the challenges that international organizations face in their quest to enact environmental regulation as the planetary situation becomes increasingly dire.
Topic:: Environment, International Law, History, Interview, and League of Nations
Political Geography:: Global Focus

44. The EU and Gaza 2023: Terrorism is fought with Counter-terrorism, not Wars against Civilians

Author:: Zafiris Tzannatos
Publication Date:: 11-2023
Content Type:: Policy Brief
Institution:: Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:: Despite several attempts for decades to reach at a political solution between Israel and Palestine, Netanyahu and his supporters offer nothing but permanent oppression while Hamas has resorted to terror. Each party refers to their rights: The right to defend versus the right to self-determination. This attitude has resulted in an escalation of tensions over time that led to a massive loss of life since October 7, 2023, when Hamas killed 1,200 Israelis and Israeli forces have so far killed 11,000 mostly civilians in Gaza. If there is a solution, it can be none other than a political one agreed between the two parties and be supported by an evenhanded approach by the international community within the confines of international law.
Topic:: International Law, European Union, Counter-terrorism, Civilians, Hamas, and October 7
Political Geography:: Europe, Middle East, Israel, Palestine, and Gaza

45. How to hold the Islamic Republic of Iran accountable in European courts

Author:: Gissou Nia, Celeste Kmiotek, Lisandra Novo, and Alyssa T. Yamamoto
Publication Date:: 12-2023
Content Type:: Special Report
Institution:: Atlantic Council
Abstract:: The past year has witnessed increased and sustained calls to secure accountability for the Islamic Republic of Iran (IRI)’s atrocity crimes and gross human rights violations, particularly in response to the protests triggered by Mahsa Jina Amini’s death at the hands of the IRI’s morality police in September 2022. Accountability efforts have primarily focused on securing justice for victims and survivors of extrajudicial killings, mass arbitrary detention, torture, and other grave abuses committed by the IRI in response to peaceful protests. However, these efforts have also sought to hold IRI authorities to account for unpunished crimes during prior decades, including the IRI’s brutal crackdowns on protestors in November 2019 and the 1988 summary executions of thousands of Iranian political prisoners. Because the judicial system in Iran is neither independent nor impartial—and is, in fact, responsible for unjust imprisonments and complicit in serious abuses in Iranian prisons—there are no viable domestic routes for accountability. However, there are paths available through national judicial systems in other states. This report from the Atlantic Council’s Strategic Litigation Project explores accountability options that European states in particular can pursue, with the help of civil society. Throughout Europe, states have adopted universal jurisdiction provisions, which allow them to prosecute acts that constitute core international crimes—genocide, war crimes, and crimes against humanity—even if the crime was committed in a different state by and against foreign nationals. Sweden used these provisions to convict former IRI official Hamid Noury for murder and war crimes committed during the 1988 prison massacres, but so far no other IRI official has been tried under universal jurisdiction provisions for crimes committed in Iran, despite newfound opportunities to pursue these cases. For decades, IRI officials have traveled throughout Europe, often owning assets and even reportedly receiving healthcare in different countries. At the same time, many victims and survivors of the IRI’s brutality have sought refuge in Europe—making the presence of IRI officials with no accountability all the more egregious, yet providing an opportunity for these victims and survivors to support investigations with eyewitness accounts and further information. The countries included in this report—Belgium, England and Wales, France, Germany, the Netherlands, Sweden, and Switzerland—are just seven jurisdictions out of 148 United Nations member states worldwide that have laws allowing for the investigation and prosecution of some or all core international crimes, even when those crimes are committed beyond their own borders. These seven jurisdictions were selected as a focus of this report due to several factors including: the strength of their universal jurisdiction frameworks and frequency of use; their robust caselaw and policies for prosecuting atrocity crimes committed extraterritorially; the size of Iranian expatriate communities in these countries, especially those fleeing persecution and violence; and the possibility of travel by IRI officials to these jurisdictions. This report details what each country’s universal jurisdiction provisions entail, how proceedings are initiated, and what victims’ rights are protected. It also gives an overview of each state’s relevant jurisprudence to date, analyzing the legal, practical, and political viability of future cases involving IRI violations, including in light of the country’s diplomatic relationship with Iran. Finally, it provides regional and country-specific recommendations to facilitate more cases against IRI perpetrators and to strengthen universal jurisdiction frameworks more broadly.
Topic:: Human Rights, International Law, Accountability, and Norms
Political Geography:: Europe, Iran, and Middle East

46. International Negotiations Handbook: Success Through Preparation, Strategy and Planning

Author:: Public International Law Policy Group and Baker & McKenzie
Publication Date:: 01-2023
Content Type:: Commentary and Analysis
Institution:: Public International Law Policy Group
Abstract:: All of us at one time or another must negotiate with others – adversaries, interested third parties, friends – to achieve our objectives. Each party to a negotiation has its own desires, goals, and prejudices. The key is for a party to understand these matters for itself and for all other parties to a negotiation. It takes advanced preparation, strategic-thinking, and a written, detailed plan for any party to successfully achieve its objectives. The International Negotiations Handbook: Success Through Preparation, Strategy, and Planning is designed to provide some tools and ideas to assist every party to a negotiation to be a more effective advocate for its interests and, as a result, to achieve successful negotiations overall. This project comes as the result of a year-long joint effort between Baker & McKenzie LLP and the Public International Law & Policy Group (PILPG). Baker & McKenzie has provided sophisticated legal advice and services to many of the world’s most dynamic and global organizations for more than 50 years. The Firm’s more than 3500 lawyers are citizens of more than 60 countries and speak more than 65 languages, and one of its core values is to encourage all of its lawyers and staff to participate in service to others. Across its offices, Baker & McKenzie makes a significant commitment to helping others, through pro bono legal service, community service, fund-raising and charitable giving. The Firm’s pro bono and community service activities take many forms, ranging from multi-country projects on behalf of global organizations, such as Save the Children Alliance and Habitat for Humanity, to local efforts to represent children, foster entrepreneurship, raise funds for medical research, support the arts and more.
Topic:: International Law, Treaties and Agreements, Negotiation, and Peace
Political Geography:: Global Focus

47. R2P Monitor, Issue 67, 1 December 2023

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 12-2023
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 67 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic, South Sudan and Yemen.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso

48. R2P Monitor, Issue 66, 1 September 2023

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 09-2023
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 66 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic, Ethiopia, Haiti, South Sudan and Yemen.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso

49. A Framework for Action for the Responsibility to Protect: A Resource for States

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 07-2023
Content Type:: Policy Brief
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: The Responsibility to Protect populations from genocide, war crimes, crimes against humanity and ethnic cleansing has emerged as an important global principle since the adoption of the UN World Summit Outcome Document in 2005. Since the conception of R2P, individual states and regional organizations, the UN, civil society, and experts around the world have worked to establish what implementation of R2P and the prevention of mass atrocity crimes means in practice. The Global Centre for the Responsibility to Protect and the Asia-Pacific Centre for the Responsibility to Protect have developed a guide for states on steps to take to protect populations from atrocity crimes, at home and abroad. “A Framework for Action for the Responsibility to Protect: A Resource for States” consolidates and builds upon existing expertise from published works and best practice from states, regional organizations and the UN on how to prevent and respond to atrocity crimes. We encourage all states to utilize this framework to assess gaps and identify opportunities to address atrocity risks in their own countries, as well as to understand options available for responding to risks in their region and around the world.
Topic:: International Law, Responsibility to Protect (R2P), Atrocity Prevention, and Risk Assessment
Political Geography:: Global Focus

50. R2P Monitor, Issue 65, 1 June 2023

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 06-2023
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 65 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic, Ethiopia, Mozambique, South Sudan and Yemen.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso

51. R2P Monitor, Issue 64, 1 March 2023

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 03-2023
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 64 looks at developments in Afghanistan, Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nigeria, Syria, Ukraine, Venezuela, Ethiopia, Mozambique, South Sudan, Sudan and Yemen.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso

52. Future-proofing EU security and defence cooperation in the Indo-Pacific

Author:: Dylan Macchiarini Crosson, Stefania Benaglia, and Linus Vermeulen
Publication Date:: 12-2023
Content Type:: Policy Brief
Institution:: Centre for European Policy Studies (CEPS)
Abstract:: Russia’s war against Ukraine has led policymakers to re-prioritise the European security architecture and the EU’s neighbourhood, including a positive reassessment of NATO’s role as a reliable security provider. As the transatlantic relationship and the Indo-Pacific are inherently intertwined, this once again highlights the imperative of the EU making the Indo-Pacific a strategic priority. This presents the EU with an opportunity to project its values, interests and power, though hampered at present by political infighting and the mushrooming of conflicts in and around Europe. Still, the time has come for the EU to assess how it should adjust its approach to Indo-Pacific security. How can the EU effectively strike a balance in security and defence cooperation with partners to uphold key principles of international law and order without endorsing the idea that ‘might makes right’ in the Indo-Pacific?
Topic:: Security, NATO, International Cooperation, International Law, and Defense Cooperation
Political Geography:: Europe and Indo-Pacific

53. Playing the Long Game in the South China Sea

Author:: Andrew Mantong
Publication Date:: 11-2023
Content Type:: Policy Brief
Institution:: Centre for European Policy Studies (CEPS)
Abstract:: In the South China Sea (SCS), as indeed the wider Indo-Pacific, the EU is facing a deepening strategic rivalry between China and the US. In the SCS, China has been able to create physical realities in defiance of international law by constructing artificial islands in the attempt to sustain its claims to the disputed Spratly and Paracel archipelagos as well as expand its military projection deep into international waters. The US is still the predominant security player in the Indo-Pacific, but its military presence has an increasingly hard time shoring up American power in the SCS. The security dilemma between the great powers is threatening rules-based multilateralism, which runs deep in the veins of the EU and to a great extent defines its international posture.
Topic:: Security, International Cooperation, International Law, European Union, Multilateralism, and ASEAN
Political Geography:: Europe, Asia, Indo-Pacific, and South China Sea

54. Presumptively Antisemitic: Islamophobic Tropes in the Palestine-Israel Discourse

Author:: Race and Rights (CSRR) Center for Security
Publication Date:: 11-2023
Content Type:: Special Report
Institution:: Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:: A bastion of free speech, individual liberty, and equality. This is the mantra our government repeats across the world and teaches nationwide in American schools. Rarely stated, however, are the varying limitations imposed on persons seeking to exercise such rights according to their identity. Protection of fundamental rights is at its zenith when exercised by white, Judeo-Christian communities, while exceptions are frequently invoked when racial or ethnic minorities exercise the same rights to challenge policies and laws harmful to their communities. Members of the majority engaged in dissent are treated as patriots with different political views. Minorities who dissent are treated as security and cultural threats deserving of social stigma at best or criminalization at worst.1 This racialized double standard is most acute for Muslim or Arab Americans when they exercise their free speech rights to criticize the U.S. government’s failure to hold Israel accountable for its systematic violations of Palestinians’ human rights. Often repeated statements in support of Israel across U.S. administrations stand as a reminder of Israel’s central place in U.S. foreign policy. A most recent example occurred in Jerusalem on July 14, 2022 when President Joe Biden and Israeli Prime Minister Yair Lapid issued a joint statement declaring: “The United States and Israel reaffirm the unbreakable bonds between our two countries and the enduring commitment of the United States to Israel’s security. Our countries further reaffirm that the strategic U.S.-Israel partnership is based on a bedrock of shared values, shared interests, and true friendship.”2 Among the countless analyses expounding on the strong bond between the U.S. and Israel in policy terms, few examine the relationship between Islamophobia and U.S. policy on Palestine-Israel.3 Specifically, when Muslims and Arabs in America defend the rights of Palestinians or criticize Israeli state policy, they are often baselessly presumed to be motivated by a hatred for Jews rather than support for human rights, freedom, and consistent enforcement of international law. The resulting harm occurs at the individual and systemic level. Systemically, informed and critical debate about U.S. foreign policy is hampered by censorship campaigns targeting college students, faculty, human rights organizations, journalists, and elected officials.4 Individually, Muslim and Arab Americans are defamed and effectively excluded from critical public debates pertaining to U.S. policies executed in their names and with their tax funds. Should Arabs and Muslims exercise their constitutional rights of free speech and assembly in defense of Palestinian human rights, they frequently become targets of aggressive intimidation, harassment, and blacklisting campaigns5 in their workplaces, towns, and universities.6 This report examines how Islamophobia shapes American foreign policy in the three following ways: 1) restricting open debate about unconditional U.S. support for Israel notwithstanding documented and systematic violations of international law by the Israeli government,7 2) perpetuating racist tropes that Muslims and Arabs innately hate Jews, and 3) discrediting the Palestinian people from realizing their full civil, political, national, and human rights. Such racialized foreign and domestic policy was brought into sharp relief in 2022, with the response in the United States and Europe to Russia’s aggression against Ukraine. As Americans in and out of government united in supporting the political, civil, and national rights and defense of Ukraine and Ukrainians, the approach in Washington to similar Palestinian interests ranges, with a few exceptions, from qualified, muted neutrality to outright hostile opposition.8 Such double standards prompt multiple questions that reveal how race and racism infect foreign policy and the treatment of minority communities who espouse unpopular views or dissent from the political orthodoxy, including the defense of human rights for all. What role does Islamophobia play in the formation of policies that restrict Palestinians from the same right of self-determination that are celebrated for Ukrainians and Israelis? How does Islamophobia silence and punish Muslim and Arab Americans who defend Palestinians’ rights in universities, the media, the public square, and online? This report explores these questions by addressing three key components of Islamophobia and related (though not identical) anti-Palestinian racism. First, Islamophobia adversely shapes public discourse on Palestine in the United States, currently and predating the “War on Terror.” Racist stereotypes of Muslims as savage are deployed to promote discriminatory policies against Palestinians. Second, an ecosystem of Zionist institutions and prominent individuals perpetuate Islamophobia to promote the policies and goals of Israel in its theft and occupation of Palestinian territory, decades of dispossession and marginalization of the Palestinian people, and denial of the rights of Palestinian refugees. Finally, Islamophobia is juxtaposed against antisemitism, portraying Muslims globally and domestically as agents of antisemitism; attempting to create a competition, or even a zero-sum scenario between Muslims and Jews–rather than allowing principled opposition to both antisemitism and Islamophobia to unite joint social justice struggles. As a result, legitimate efforts to combat antisemitism are disingenuously co-opted to undermine Palestinian aspirations for self-determination and human rights, as well as to defame Muslim and Arab human rights defenders as inherently antisemitic. Palestinian aspirations are often portrayed by the media and Zionist organizations as a cover for a uniquely Arab and Muslim antisemitism. Related is the tendency to pathologize Palestinians and all aspects of their political, cultural and social lives. This both stigmatizes the very idea of civil, national, and human rights of Palestinians and attempts to censor Arab and Muslim Americans’ political activism. Discrediting any criticism of Israeli state practices violating Palestinian human rights as antisemitism overlooks the growing number of Jews and Muslims working together to promote Palestinian rights.9 Concerns of American supporters of Israel, including Jewish Americans who have a deeply personal stake in the well-being of the Jewish people of Israel, and American supporters of Palestinians, who have an equally deep and personal stake in the well-being of the Palestinian people in Palestine, are not equally considered when crafting American policy in the region. Islamophobia, though far from being the sole reason for U.S. policy exceptionalizing Palestine, is a substantial factor. In turn, Muslims or Arabs (who are often mistaken as all Muslim) who criticize America’s unconditional support for Israeli state practices, regardless of the human rights implications, are immediately ostracized as antisemitic. The consequent harm is twofold: Palestinians’ lives and rights are discounted, and Muslim and Arab Americans are denied meaningful participation in public discourse on U.S. foreign policy and the ability to exercise their free speech rights.
Topic:: Human Rights, International Law, Minorities, Freedom of Expression, Islamophobia, Anti-Semitism, Discourse, Racism, Self-Determination, Palestinians, Arabs, and Muslims
Political Geography:: Israel, Palestine, and United States of America

55. Punishing Atrocities and Fair Trials: From Nuremberg to Global Terrorism w/Prof. Jonathan Hafetz

Author:: Jonathan Hafetz
Publication Date:: 09-2023
Content Type:: Video
Institution:: Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:: Prosecuting individuals who commit mass crimes is an important duty of states. Since World War II, an increasingly elaborate domestic and international legal framework has emerged for trying and punishing atrocities. But it is important that the rights of the accused are protected in the process. This lecture will examine the challenge of ensuring fair trials, with particular attention on the long shadow cast by the U.S. War on Terrorism, which continues to reverberate across Arab and Muslim communities today.
Topic:: Human Rights, International Law, Terrorism, History, War on Terror, and Atrocities
Political Geography:: Global Focus

56. 2023 Kaldor Centre Conference Report: Learning from the future: Foresight for the next decade of forced migration

Author:: Andrew & Renata Kaldor Centre for International Refugee Law at UNSW Sydney
Publication Date:: 11-2023
Content Type:: Special Report
Institution:: Andrew & Renata Kaldor Centre for International Refugee Law at UNSW Sydney
Abstract:: At Learning from the future: Foresight for the next decade of forced migration, the Kaldor Centre for International Refugee Law convened leading experts for a day of compelling discussions designed to explore the greatest challenges for forced migrants in the decade ahead. Scholars, policy experts, decision-makers, civil society leaders, refugee community representatives and others gathered at UNSW Sydney on 20 November 2023, on the unceded territory of the Bedegal people. Together we reckoned with seismic challenges underway – legal, political, technological, environmental, demographic, economic and social – to consider how they will shape our world in the coming decade. We set ourselves the task of imagining what the landscape of global protection could look like 10 years from now. Our aim was to unearth the issues we need to grapple with and opportunities we need to seize today, in order to ensure protection for those who need it tomorrow. This report summarises the key takeaways from each session, which can also be replayed on our website. The ideas revealed by our speakers will be valuable to anyone around the world interested in the protection of refugees and other forced migrants. We hope the report and other resources enable you to share and benefit from this knowledge.
Topic:: International Law, Conference, Future, Forced Migration, and Protection
Political Geography:: Global Focus

57. Asylum Capacity Development: Building New and Strengthening Existing Systems

Author:: Brian Barbour
Publication Date:: 09-2023
Content Type:: Policy Brief
Institution:: Andrew & Renata Kaldor Centre for International Refugee Law at UNSW Sydney
Abstract:: Refugees are guaranteed a set of rights under international law, but whether a refugee can enjoy those rights depends on the asylum system that they encounter in the country where they seek refuge. An ‘asylum system’ can be understood as the legal, institutional, and social arrangements in place to meet the needs of refugees. Asylum capacity development (ACD) is the emerging area of policy and practice concerned with strengthening asylum systems. The concept of ACD is still being developed, but there is a tendency to equate ACD with building State capacity to conduct refugee status determination (RSD); that is, the institutional processes in place to decide asylum claims. The success of ACD is sometimes measured by the passage of legislation or regulations, the establishment of a new RSD unit, or ‘handover’ of RSD functions from the Office of the UN High Commissioner for Refugees (UNHCR) to the State. ACD is often centred on building government capacity, without engaging civil society actors. A focus on RSD alone will not equip States to meet the diverse protection needs of refugees in practice. In the worst-case scenario, asylum systems are established that do not meet relevant needs or resolve asylum cases, resulting in frustrations for both people seeking asylum and governments. When non-governmental stakeholders are excluded, key capacities may be missing and there is no shared ownership of the asylum system that is established. Clarifying the purpose and scope of ACD is important to ensuring that initiatives to strengthen asylum systems are effective. This Policy Brief seeks to contribute to both the conceptual and operational development of ACD, by setting out an approach to strengthening asylum systems that is grounded in the protection needs of refugees and reflects a whole-of-society approach. ACD can be conceptualised as the process of developing institutional, national, and local capacity so that States and UNHCR, in collaboration with individuals, organisations, and society as a whole, can each do their part to meet the protection needs of refugees and resolve protection claims effectively, efficiently, fairly and sustainably. This Policy Brief provides practical guidance by setting out a framework that can be used to evaluate existing or proposed asylum systems. While there is a remarkable diversity among asylum systems around the globe, a comparative analysis of State practice reveals that effective asylum systems share a number of common characteristics. This Policy Brief identifies eleven characteristics: accessibility; specialisation; expertise; independence and impartiality; transparency; integrity; accountability; efficiency; adaptability; and collaboration. This Policy Brief provides a set of indicators that can measure progress towards achievement of these characteristics or standards. This Policy Brief promotes a needs-based approach that seeks to develop capacities or scale them up, in order to meet the identified needs of refugees. It also emphasises the importance of a wholeof-society approach that engages all stakeholders, governmental and non-governmental, with the capacity to contribute. A well-coordinated platform for cooperation and coordination among all relevant stakeholders should be a target of ACD. Ultimately, the success of ACD efforts should be assessed with reference to whether there are improved protection outcomes for refugees, and whether case processing capacity is strengthened such that asylum claims can be resolved effectively, efficiently, fairly, and sustainably.
Topic:: International Law, Refugees, Capacity, Protection, and Asylum Seekers
Political Geography:: Global Focus

58. 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

59. Syria returns to the Arab League

Author:: Sara Nowacka
Publication Date:: 05-2023
Content Type:: Working Paper
Institution:: The Polish Institute of International Affairs
Abstract:: The decision to restore Syria’s membership in the Arab League (AL) is aimed at Arab states gaining greater control over the situation in the region and reducing external influence, including that of the West. Although the AL imposed a number of obligations on Syrian leader Bashar al-Assad, such as holding elections, it is doubtful whether the League can enforce them. The organisation’s decision to normalise relations with Syria will be used to undermine the effectiveness of the sanctions in counteracting violations of international law, also in the context of the Russian aggression against Ukraine.
Topic:: International Law, Sanctions, Syrian War, Normalization, Bashar al-Assad, Arab League, and Russia-Ukraine War
Political Geography:: Arab Countries and Syria

60. Climate Protection Litigation on the Rise

Author:: Szymon Zaręba
Publication Date:: 02-2023
Content Type:: Working Paper
Institution:: The Polish Institute of International Affairs
Abstract:: In the last several years, national courts and international institutions have increasingly begun to treat conservative or climate-adverse actions by states as violations of their obligations under international law and human rights. This has been followed by some countries more affected by climate change and engaged in international bodies to put more pressure on Global North states to protect the climate. The sympathetic attitude of international courts towards such complaints may, in the long term, force the need for increased climate ambition or even compensation payments by, among others, Poland.
Topic:: Climate Change, Human Rights, International Law, Courts, and Litigation
Political Geography:: Europe, Poland, and Global Focus

61. 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

62. 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

63. 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

64. Customary International Law Requiring States to Grant Nationality to Stateless Children Born in Their Territory

Author:: William Thomas Worster
Publication Date:: 07-2022
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: In the most recent few years, state practice and opinio juris are increasingly converging to affirm that states must grant nationality to children born in their territory if they would otherwise be stateless. In prior scholarship, this author has argued that there is a customary international law norm requiring states to grant nationality in such cases. Certainly, UNHCR’s #IBelong campaign is a significant part of this development, placing statelessness back on the international agenda, as well as encouraging states to adhere to the statelessness conventions, adopt birth registration and statelessness determination procedures and revise domestic law. Partly due to this campaign, states are increasingly adopting practice and domestic law that provides for nationality from birth for stateless children but are also increasingly stating their opinion that such an approach is desirable, necessary and morally compelling. In fact, it is effectively impossible to identify any state that claims it has the unfettered right to refuse to grant nationality to a stateless child born in its territory. This article will complete a brief survey of recent practice and expressions of opinion, mostly as documented by UNHCR as a part of the #IBelong Campaign to End Statelessness, to confirm that this norm continues to strengthen under customary international law.
Topic:: International Law, Law, Children, Citizenship, and Nationality
Political Geography:: Global Focus

65. R2P Monitor, Issue 63, 1 December 2022

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 12-2022
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 63 looks at developments in Afghanistan, Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Ukraine, Venezuela, Yemen, Mozambique, Nigeria, South Sudan and Sudan.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

66. R2P Monitor, Issue 62, 1 September 2022

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 09-2022
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 62 looks at developments in Afghanistan, Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Ukraine, Venezuela, South Sudan, Yemen, Mozambique, Nigeria and Sudan.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

67. R2P Monitor, Issue 61, 1 June 2022

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 06-2022
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 61 looks at developments in Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Ukraine, Venezuela, Yemen, Afghanistan, Nigeria, South Sudan, Mozambique and Sudan.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

68. R2P Monitor, Issue 60, 1 March 2022

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 03-2022
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 60 looks at developments in Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Yemen, Afghanistan, Nigeria, South Sudan, Sudan and Venezuela.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Israel, Yemen, Democratic Republic of the Congo, Palestine, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

69. Israeli Raids on Palestinian Civil Society Organizations — The Costs of International Inaction

Author:: Shawan Jabarin, Raed Jarrar, Lara Friedman, Khaled Quzmar, Zaha Hassan, Sahar Francis, Ubal al-Aboudi, Khaled Elgindy, Moayyad Bsharat, and Tahreer Jaber
Publication Date:: 08-2022
Content Type:: Video
Institution:: Middle East Institute (MEI)
Abstract:: Co-convened by the Middle East Institute, the Foundation for Middle East Peace, Carnegie Endowment for International Peace, DAWN, the International Crisis Group, Century International and USMEP.
Topic:: Conflict Prevention, Civil Society, Human Rights, International Law, and Judiciary
Political Geography:: Middle East, Israel, and Palestine

70. Israeli Apartheid and the West’s Dwindling Moral Credibility

Author:: Andrea Dessì
Publication Date:: 02-2022
Content Type:: Commentary and Analysis
Institution:: Istituto Affari Internazionali
Abstract:: Amidst spiralling tensions on the European continent, East-West animosities have returned to dominate daily news cycles. Predictably, this has revived rhetoric on competing political systems and norms, giving rise to a flurry of reporting contrasting Western democracy’s support for the “rules-based international order” vs an informal “alliance of autocracies” led by Russia and China which embrace military might or economic and political blackmail in “a bid to make the world safe for dictatorship”, as recently opinionated the Washington Post.
Topic:: Foreign Policy, Apartheid, Human Rights, International Law, and European Union
Political Geography:: Europe, Middle East, Israel, Palestine, United States of America, and Mediterranean

71. Russia, Ukraine and international Law

Author:: Robert Schuman Foundation (RSF)
Publication Date:: 02-2022
Content Type:: Policy Brief
Institution:: Robert Schuman Foundation (RSF)
Abstract:: Russian actions in Ukraine since 2014, and the tensions to which they have led, obscure the legal aspects of these attacks thereby opening the way to propaganda and approximations. To contribute to a better understanding of what is at stake, this contribution is limited to the legal aspects of an otherwise eminently political issue. This in fact heralds a spectacular break in the international order and a violation of commitments and treaties signed by a member of the Security Council of the United Nations that have not been witnessed since the Second World War[1].For a long time, Russian diplomacy was attached to the strict and formal respect of the rules of international law, sometimes "clinging" to them in a bid to resist the demands made by the different populations. Even during the succession of the USSR, this constant was respected. However, the actions in Crimea and Donbass since 2014 have marked the abandonment of this formalism, while the Kremlin's diplomacy is promoting the need to conclude new treaties with the United States and European states so that Russia can endorse its claims.
Topic:: International Law, Conflict, Norms, Annexation, and Disputes
Political Geography:: Russia, Europe, and Ukraine

72. 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

73. 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

74. 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

75. 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

76. 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

77. 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

78. Scylla and Charybdis: The Self-Determination of Peoples Versus the Territorial Integrity of States

Author:: A. Kagramanov
Publication Date:: 01-2022
Content Type:: Journal Article
Journal:: International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:: East View Information Services
Abstract:: LIKE Odysseus, who fell into the clutches of Scylla after escaping the whirlpool Charybdis, countries that have escaped the threat of losing territory as a result of foreign invasion are facing the threat of disintegration from within. The ancient epic by the great Homer about the adventures of the hero Odysseus, who finds himself between a rock and a hard place, involuntarily comes to mind when considering the perennial international legal dilemma about the relationship between the principle of the territorial integrity of states and the right of peoples and nations to self-determination. As Yekaterina Narochnitskaya rightly notes, self-determination, like freedom, has “its limits and its paradox.” “Just as unlimited freedom destroys itself, so the right to self-determination, elevated to an absolute, risks depriving everyone and everything of self-determination, the inevitable outcome being a chain reaction of countless conflicting expressions of will leading to a general collapse.”1 Experience shows that the principle of self-determination is subject to double standards and often politically exploited by certain groups to achieve their economic, social, ethnocratic, religious, and other narrow, sometimes purely selfish goals that contradict the original purpose of this vital international legal and (in most cases) constitutional provision. And it is for these untoward purposes that the artificial “collision” of this principle with the principle of territorial integrity is often used.
Topic:: International Law, Law, Self Determination, Conflict, Peace, and Territory
Political Geography:: Global Focus

79. Extradition in the Criminal Procedural Legislation of Ukraine:" Compliance With The European Standards

Author:: Victoriia Rohalska, Oksana Bronevytska, and Gediminas Buciunas
Publication Date:: 02-2022
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.
Topic:: Human Rights, International Cooperation, International Law, European Union, and Extradition
Political Geography:: Europe and Ukraine

80. Radical Islamism: Trajectories of Human Rights Violations and Abuses in Africa

Author:: Peter O.O. Ottuh and Felix O. Erhabor
Publication Date:: 02-2022
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: In Africa, radical and extremist Muslims are striving to transform society through violent change, claiming that African rulers are dictatorial and anti-Islamic; as a result, many African countries are experiencing serious human rights violations and abuses. Therefore, this paper examined radical Islamism and its trajectories of human rights violations and abuses in Africa and proffered workable solutions to the dilemma. To achieve the above aim, the paper employed historical and evaluative methods. The historical method was used to critically review the scholarly literature on radical Islamism and its human rights violations and abuses antecedents in Africa. At the evaluative level, the paper critically discussed the impact of human rights violations and abuses on the African nations and their citizens. The paper revealed that radical Islamism in Africa is driven by bad political leadership, poverty, poor education, unemployment, and religious exclusivism among others. The paper concluded that good governance, economic enhancement, and religious inclusiveness are key tools in discouraging and curbing radical Islamists in African countries.
Topic:: International Law, Violent Extremism, Radicalization, and Human Rights Violations
Political Geography:: Africa

81. Recent UN Votes on Ukraine: What Needs to be Done to Maintain International Unity (Part I)

Author:: Sarah Cliffe, Faiza Shaheen, Leah Zamore, Karina Gerlach, and Nendirmwa Noel
Publication Date:: 04-2022
Content Type:: Working Paper
Institution:: Center on International Cooperation (CIC)
Abstract:: Horrific images of the loss of life and humanitarian suffering in Ukraine continue to come to light, including significant evidence of large-scale human rights abuses. As the war in Ukraine looks likely to enter a period of rearming, redeployment and renewed attacks in the East, maintaining international pressure for a negotiated peace agreement that maintains territorial integrity and upholds international law will be crucial.
Topic:: International Law, Multilateralism, Humanitarian Crisis, and Russia-Ukraine War
Political Geography:: Europe and Ukraine

82. Towards Sustainable Peace and Cooperation

Author:: Farid Shafiyev
Publication Date:: 06-2022
Content Type:: Journal Article
Journal:: Caucasus Strategic Perspectives
Institution:: Center of Analysis of International Relations (AIR Center)
Abstract:: The current issue of the Caucasus Strategic Perspectives (CSP) journal entitled “Towards Sustainable Peace and Cooperation” is dedicated to the challenges and opportunities emerging in the South Caucasus region 2 years after the end of the 44-day war between Armenia and Azerbaijan in 2020 with focus on security and political matters.
Topic:: International Relations, Security, Foreign Policy, International Cooperation, International Law, Treaties and Agreements, Peacekeeping, Military Affairs, Conflict, Vladimir Putin, Landmines, and Russia-Ukraine War
Political Geography:: Russia, Turkey, Caucasus, Armenia, and Azerbaijan

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COLUMBIA UNIVERSITY PRESS