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2. Justice for Some: Law and the Question of Palestine with Professor Noura Erakat
- Author:
- Noura Erakat
- Publication Date:
- 02-2024
- Content Type:
- Video
- Institution:
- Center for Security, Race and Rights (CSRR), Rutgers University School of Law
- Abstract:
- Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures across a century-long arc —from the Balfour Declaration in 1917 to present-day wars in Gaza- the book shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel's interests than the Palestinians'. But this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine.
- Topic:
- International Law, Politics, History, Political Movements, Palestinians, and Book Talk
- Political Geography:
- Middle East, Israel, and Palestine
3. Karabakh and Azerbaijani Statecraf
- Author:
- Michael M. Gunter
- Publication Date:
- 01-2024
- Content Type:
- Journal Article
- Journal:
- Baku Dialogues
- Institution:
- ADA University
- Abstract:
- This brief article seeks to make two important and related points. The first is that the international law principles of sovereignty and territorial integrity hold that Karabakh belongs to Azerbaijan, despite misleading arguments to the contrary about supposed Armenian rights of self-determination. The second provides a partial assessment of Heydar Aliyev’s legacy and how it relates to some of the policies pursued by his successor, Ilham Aliyev. Each will be examined in turn.
- Topic:
- International Law, Sovereignty, Territorial Disputes, and Self-Determination
- Political Geography:
- Armenia, Azerbaijan, South Caucasus, and Nagorno-Karabakh
4. China’s Responsibility, and Ours: The Persecution and Neglect of Stateless North Korean Children
- Author:
- Rob York, Hannah Cole, and Kaylin Kim
- Publication Date:
- 06-2024
- Content Type:
- Special Report
- Institution:
- Pacific Forum
- Abstract:
- What happens to the children of North Korean women who are born in China? What happens when they remain in China, or when they escape to other countries? It is believed that as many as 300,000 North Koreans have fled the country—most of them since the famine of the 1990s, and most of them women. To address China’s “bare branches”—its much larger population of young men than young women—North Korean women are often sold to young Chinese men as brides. The children of these brides will be born stateless, lack legal rights, and face the ever-present danger of their mothers’ deportation back to North Korea because they are considered illegal immigrants in China. These unique challenges persist, despite China being a party to the UN Convention on the Rights of the Child, among other international treaties. Even those children that eventually escape to third-party countries are haunted by their status, as their statelessness caused legal hindrances to their ability to settle and, specifically in South Korea, deprives them of government assistance. This study documents the treatment of “stateless” children born to North Korean and Chinese parents. It delineates the factors that contribute to their mistreatment—China’s unwillingness to anger the North Korean government, South Korea’s growing disinterest in North Korean defectors, and a lack of formal networks for North Korean defectors elsewhere. It further finds that, with China openly hostile toward “meddling” in its internal affairs, the most likely source of relief for these children will be a change in attitudes among South Koreans, the United States, and their allies and partners, resulting in conscious effort by their governments and civil societies to help them, both financially and in assisting with their assimilation.
- Topic:
- Human Rights, International Law, Children, and Statelessness
- Political Geography:
- China, Asia, and North Korea
5. The Children of War
- Author:
- Lila Roldán Vázquez
- Publication Date:
- 03-2024
- Content Type:
- Commentary and Analysis
- Institution:
- Argentine Council for International Relations (CARI)
- Abstract:
- Russia's full-scale invasion of Ukraine has shaken the world order and has seriously disrupted international peace and security. The geopolitical impact, the causes of the war and the reasons invoked to justify the armed aggression have been widely discussed. Among the many facets of the war, there is one issue that requires special attention, since it constitutes, without a doubt, one of its most serious consequences: the death of hundreds of children and the abduction of thousands of them, in flagrant violation of humanitarian law. We aim to analyze the circumstances and consequences of these actions, which may constitute a war crime, and to evaluate their impact in the medium and the long term.
- Topic:
- Security, International Law, Children, Civilians, International Order, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine
6. Ukraine, Gaza, and the International Order
- Author:
- Faisal Devji
- Publication Date:
- 02-2024
- Content Type:
- Policy Brief
- Institution:
- Quincy Institute for Responsible Statecraft
- Abstract:
- The ongoing crises in Ukraine and Gaza show the urgent need for a new internationalism that comes to grips with the increasing independence of middle and smaller powers around the world. Such a vision must reject the effort to re-impose a failed framework of unilateral U.S. primacy, or an effort to shoehorn multiplying regionally specific conflicts into an obsolete model of “great power competition” that recalls the Cold War between the United States and the Soviet Union. In both Ukraine and the Middle East, the United States has been unable to impose its will either militarily or diplomatically. Smaller nations have successfully defied American–backed military force. Even more concerning, a significant share of the global community has failed to follow the U.S. diplomatic lead and support the U.S. interpretation of international norms. But opposition to the United States has not been supported by a superpower peer competitor to the United States, along the lines of a Cold War model. The current emerging world order is instead characterized by “regionalization,” a situation where middle and even small powers around the world feel free to circumvent or even defy U.S. interpretations of global norms based on more local interests and regional security concerns. The stage was set for the current situation by the U.S. attempt to assert unilateral power during the War on Terror in ways that appeared to give the United States alone a de facto exemption from global norms and institutions. These actions reduced the legitimacy of the post–World War Two international order that the United States had helped to create, and led many in the international community to seek alternatives to a system that seemed to grant the United States almost arbitrary power to define the rules. The U.S. foreign policy establishment must come to grips with the newly deglobalized and regionalized world order. A failure to do so poses a grave threat to U.S. power and influence, as relationships with key emerging powers such as India, or even traditional U.S. allies in Europe and Asia are not immune from the kind of de–globalizing and regionalizing forces seen in Ukraine and the Middle East.
- Topic:
- Cold War, International Law, National Security, Hegemony, Grand Strategy, Armed Conflict, International Order, Russia-Ukraine War, and 2023 Gaza War
- Political Geography:
- Russia, Ukraine, Israel, Eastern Europe, Palestine, Gaza, and United States of America
7. Examining the Gap Between EU Fundamental Values in Theory and Practice: A Case Study of Macedonia’s Journey Toward EU Accession
- Author:
- Larisa Vasileska
- Publication Date:
- 04-2024
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- The objective of this paper is to assess the gap between the EU’s commitment to its values and the fairness of its accession process, in particular the Macedonian journey to the EU, which is not only contradictory to the EU’s core values but also contradictory to the principle of equal rights and self-determination. For this purpose, the methodology consists of conducting qualitative analysis based on two bilateral agreements and analyzing the evolution of EU requirements and their implications. The paper argues that rather than enforcing the Copenhagen criteria and making the country’s pre-accession progress contingent on the strengthening of the rule of law, the EU has expended enormous effort in what was essentially a political bilateral dispute between states, with the resolution of the dispute to be replaced as a pre-accession criterion. The paper concludes that the EU should return to its fundamental values and prioritize merit-based criteria in the enlargement process, not a politically based decision.
- Topic:
- International Law, Bilateral Relations, European Union, Rule of Law, Values, Disputes, and Enlargement
- Political Geography:
- Europe and Macedonia
8. The Challenges of Normalizing Relations Between Belgrade and Pristina: Implications of the “Agreement on the Path to Normalization”
- Author:
- Mihajlo Vucic and Dragan Djukanovic
- Publication Date:
- 04-2024
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- The article analyzes the process of normalizing relations between Belgrade and Pristina after adopting the Agreement on the Path to Normalization. The analytical framework of neorealism was used to explain that the normalization process was accelerated due to the war crisis in Eastern Europe. The international legal aspects of the agreement were scrutinized, based on the method of content analysis and comparative studies, to argue that the agreement is a legally binding treaty between two sides that respect each other’s international legal personality. The authors concluded that the European Union and the United States attempted to create new momentum in the decade-long and rather unsuccessful process by adopting the Agreement and the Annex on implementation. Thus, these documents were put in the context of relations between Belgrade and Pristina and broader European and regional levels of complex relations. In addition, the analysis concluded that the documents serve as new impulses in normalization as a continuous legal formalization of relations between the two sides based on international legal rules.
- Topic:
- International Law, Bilateral Relations, European Union, and Normalization
- Political Geography:
- Europe, Kosovo, Serbia, and Balkans
9. When the Exception Overtakes the Rule: COVID-19, Security Exemption Clauses, and International Investment Agreements
- Author:
- Kayla Maria Rolland
- Publication Date:
- 02-2024
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- In the trade and investment law regimes built in the post-war period, “security exemption clauses” were included within trade and investment agreements as a safety valve, permitting States to deviate from their commitments in the event that their security interests were implicated. Initially, these clauses were understood to be narrowly limited to instances of war and interstate conflict. With the rise of the national security state in the decades since, however, the concept of security interests has ballooned to encompass an ever-growing set of issues, with some fearing that the rules may become irrelevant. This has been particularly facilitated through “third generation” security exemption clauses and their inclusion of self-judging language. The COVID-19 pandemic in particular adds a new dimension to this phenomenon. As a case study analysis of the text of the Chile-Hong Kong, China SAR bilateral investment treaty (BIT) will demonstrate, it may be feasible for States to invoke security exemption clauses to justify measures taken in response to the COVID-19 pandemic in some contexts, particularly with third generation, self-judging security exemption clauses. The expanding notions of security exemption clauses have significant implications for the investor-State dispute system as a whole.
- Topic:
- Security, International Law, International Trade and Finance, Treaties and Agreements, COVID-19, and International Investment Agreements
- Political Geography:
- China and Global Focus
10. A Right to Come Within State Jurisdiction Under Non-Refoulement? Interpreting Article 1 of the European Convention on Human Rights in Good Faith Within the Context of Extraterritorial Migration Control
- Author:
- Laura Goller
- Publication Date:
- 02-2024
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Externalizing borders for the purpose of shifting and avoiding responsibilities under human rights law is not a new phenomenon in the context of migration control. In the Mediterranean, European States have increasingly sought new measures of extraterritorial migration control to avoid being held responsible under cornerstones of international refugee law such as non-refoulement. In the precedent Hirsi Jamaa and Others v. Italy, the European Court of Human Rights (ECtHR) established that the exercise of effective control over persons on the high seas amounts to the exercise of jurisdiction within the meaning of Art. 1 of the European Convention on Human Rights (ECHR). As a result, European States began to find new ways of controlling their borders. The focus on physically controlled ‘push-backs’ shifted to administratively controlled ‘pull-backs’. Cooperation with third States by equipping and training their coast guards has become a way for European States to avoid any direct contact with migrants, thereby avoiding triggering jurisdiction as defined by the current case law of the ECtHR. This paper focuses, first, on how ECtHR jurisprudence responds to new forms of extraterritorial migration control and, second, on how this concept of jurisdiction relates to the obligation of States to fulfill their international obligations in good faith. How can the object and purpose of an obligation be undermined if that obligation does not apply in the first place? While the realization of Hannah Arendt’s concept of ‘the right to have rights’ seems to depend in practice on the geographical location of the individual, this paper addresses the question of whether there might be a right to come within the jurisdiction of a State, in the sense of gaining access to a legal system, applying a good faith reading to non-refoulement.
- Topic:
- International Law, Migration, Borders, Jurisdiction, Non-refoulement, European Court of Human Rights (ECtHR), and European Convention on Human Rights (ECHR)
- Political Geography:
- Europe
11. 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
12. 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
13. 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
14. 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
15. 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
16. 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
17. 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
18. 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
19. 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
20. 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
21. 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
22. 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
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. 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
25. 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
26. 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
27. 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
28. 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
29. 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
30. 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
31. 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
32. 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
33. 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
34. 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
35. 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
36. 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
37. 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
38. 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
39. 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
40. 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
41. 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
42. 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
43. 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
44. 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
45. 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
46. 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
47. 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
48. 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
49. 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
50. 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