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11. The EU and NATO in pursuit of better deterrence: Baltic Sea sabotage prompts rethink of current practices

Author:
Teemu Tammikko
Publication Date:
02-2025
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
Recurring incidents damaging critical undersea infrastructure in the Baltic Sea underline the need for better ways to deter destabilizing acts, whether intentional or due to negligence. These incidents should be viewed within the wider context of hybrid interference in the region, including the use of the so-called Russian shadow fleet. Responses should form a comprehensive and coherent set of actions targeting both state and non-state actors behind the interference. To improve accountability and attribution regarding damage, affected states should aim to agree on a common operational protocol for pursuing and investigating suspected vessels, and invest more in surveillance and detection capabilities, including emerging disruptive technologies. There is no silver bullet for improving deterrence within existing legal and political frameworks, but several smaller measures could help increase the costs of destabilizing acts. For instance, the EU could use its regulatory power as well as trade and economic tools to penalize those linked to the incidents, including, when appropriate, ship captains and crew, owners, flag states, and relevant port states.
Topic:
Defense Policy, NATO, International Law, European Union, Deterrence, and Hybrid Threats
Political Geography:
Finland and Baltic States

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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