Content Type: Journal Article / Political Geography: / Topic: Law

1. The Monroe Doctrine as the Will and Idea of the United States of America

Author:: Boris Martynov
Publication Date:: 01-2023
Content Type:: Journal Article
Journal:: International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:: East View Information Services
Abstract:: On February 24, 2022, international relations entered a whole new stage of development affecting, albeit to varying degrees, practically all states, with no end in sight. On September 7, 2022, speaking at the Eastern Economic Forum, Russian President Vladimir Putin said that the world was experiencing “fundamental transformations.” Such transformations generally require several years to be completed. By the middle of the third decade of the 21st century, two highly important signs of a new situation have become absolutely clear: a crisis of the old institutions of global governance and the new rising and developing centers of power. At the same time, the opinion that the new is just the “well-forgotten old” is confirmed. This is especially true of the US and its policies.
Topic:: International Relations, Foreign Policy, History, Governance, Law, Psychology, Identity, and Monroe Doctrine
Political Geography:: Russia, Global Focus, and United States of America

2. POLICY OF RAISING THE CAPACITY OF LOCAL SELF-GOVERNMENTS FOR MANAGEMENT OF EMERGENCIES

Author:: Samed Karovic, Jasmina Brankovic, Sinisa Domazet, and Jelena Jesic
Publication Date:: 03-2023
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: Local self-governments (LSGs) cannot effectively manage emergencies. To overcome this problem, it is necessary to find action policies that would facilitate the increase of capacities of LSGs in such situations. The starting point for defining the policy was collecting data on the current abilities and capacities of LSGs in AP Vojvodina. The research covered 40% of the total number of LSGs and more than 64% of the population in the AP of Vojvodina. A combined open-ended survey questionnaire was constructed for data collection. The data was collected in field conditions through online procedures, direct sending of written surveys, and direct discussion of project implementation leaders. The statistical analysis of data identified that the legal aspect of LSGs and emergencies was not harmonized with other institutional documents at the level of LSGs. Most LSGs had serious difficulties in managing emergencies, especially civil protection. The platform is envisaged to facilitate raising the prevention capacity of LSGs by integrating all relevant information to provide early warnings and indications for implementing corresponding organizational, technical, and economic measures to deal with emergencies.
Topic:: Security, Law, Business, Knowledge Management, and Emergencies
Political Geography:: Eastern Europe and Serbia

3. Navigating through continuity and innovation: an analysis of Lula’s third term challenges involving migration policy

Author:: Matheus Felten Fröhlich and Veronica Korber Gonçalves
Publication Date:: 10-2023
Content Type:: Journal Article
Journal:: Conjuntura Austral: Journal of the Global South
Institution:: Conjuntura Austral: Journal of the Global South
Abstract:: This article addresses the first hundred days of Luiz Inácio Lula da Silva's third term as president of Brazil in the contextof international migration and refuge. The paper aims to analyse the “intermestic” characteristics of foreign policy and its relationship with the formulation of specific guidelines on migration. Using documentary sources and interviews, we examine the context in which Lula took charge, which was marked by the recognition of “prima facie” refugee status for Venezuelan citizens, the elaboration of a national migration policy, and the definition of the future of Operation Welcome. Our objective is to reflect on the main challenges faced by the new government concerning migration and refugee issues, considering the historical con-struction of the agenda in the last two decades. We conclude that the current focus is on revamping crucial policies to ensure the smooth operation of orderly migration within the country, as these practices have been gradually dismantled in recent years. Besides, we highlight that the future of Opera-tion Welcome remains uncertain at this stage.
Topic:: Foreign Policy, Governance, Law, Refugees, Lula da Silva, and Migration Policy
Political Geography:: Brazil and South America

4. CCP Ideological Indoctrination, Part 1: The PRC’s New “Patriotic Education Law”

Author:: John Dotson
Publication Date:: 12-2023
Content Type:: Journal Article
Journal:: China Brief
Institution:: The Jamestown Foundation
Abstract:: On October 24, the People’s Republic of China (PRC) National People’s Congress (NPC) Standing Committee (全国人民代表大会常务委) officially codified the country’s existing initiatives for “patriotic education (PE; 爱国主义教育)” by promulgating the People’s Republic of China Patriotic Education Law (中华人民共和国爱国主义教育法). This mandates indoctrination in state-directed ideological content throughout all sectors of society (PRC Government, October 25). While CCP policy documents are always more important than formal PRC law, the Party-state does use formal laws passed by the National People’s Congress (全国人民代表大会) to codify and emphasize Party policies. This law appears to be no exception. [1] The unveiling of the new Patriotic Education Law has been accompanied by a campaign of predictably laudatory coverage in PRC state media. For example, the CCP mouthpiece People’s Daily ran a flowery editorial that quoted a professor from the China University of Political Science and Law as stating that “implementing the patriotic education law will enhance the daily practice of patriotic spirit” among the Chinese people. The editorial itself opined that the NPC had, “on the basis of the rule of law, promoted and guaranteed New Era patriotic education, inspiring the nation’s spirit, concentrating the people’s strength, advancing the building of a strong country [and] national revival with extremely significant and profound meaning” (People’s Daily, November 23). Such coverage has appeared alongside other official messaging emphasizing the need for enhanced focus on ideological instruction. For example, the mid-October issue of the CCP’s official journal Qiushi (求实) was a themed issue focused on ideology. It featured a lead article under Xi’s name titled “Open New Frontiers for the Sinicization and Modernization of Marxism.” It also included a list of articles on supporting themes, such as a Central Party School article titled “In the New Era and New Journey, Unceasingly Advance the Party’s Innovations in Theory” (Qiushi, October 16).
Topic:: Education, Law, Ideology, Political Parties, Chinese Communist Party (CCP), and Indoctrination
Political Geography:: China and Asia

5. Chinese National Security Laws Hinder Foreign Companies’ Operations in China

Author:: Martin Purbrick
Publication Date:: 10-2023
Content Type:: Journal Article
Journal:: China Brief
Institution:: The Jamestown Foundation
Abstract:: Investigations into alleged misconduct and criminality by companies are to be expected, and welcomed, in any country. However, the problems facing foreign companies in the People’s Republic of China (PRC) depart from normal legal checks and balances. The lack of separation between the judiciary and the state, and the uncertainty around China’s interpretation of the “rule of law,” is a risk factor for companies doing business there (See: China Brief, September 8). In addition, “state secrets” in the PRC are defined widely in relation to national interest. Consequently, a foreign company can inadvertently breach the law by obtaining and using commercial data. This week the US Department of Commerce’s Bureau of Industry and Security (BIS) announced updated export controls on advanced computing semiconductors, semiconductor manufacturing equipment, and supercomputing items to the PRC (BIS, October 17). Foreign companies doing business in the PRC are likely to face continued uncertainty as a consequence. The response from the PRC was swift, stating that the United States has constantly “overstretched the concept of national security” and resorted to “unilateral bullying” (China Daily, October 18), which suggests that there is a risk the PRC will take retaliatory measures against foreign companies. Western companies involved in the PRC have long understood that when investing in China they must lose a little bit of money in the short term to win a lot of money in the long term. Doing business in China has always been complex, but with the continued expansive approach to national security, it may now be increasingly untenable (See: China Brief, September 22). After three decades of huge investment in the PRC by international companies, there are growing concerns that the growing emphasis on national security is harming the confidence of overseas investors. As the European Union Chamber of Commerce in China reports, “the politicisation of business, and ambiguous laws and regulations…increases risk for companies operating in Chinas” (EU Chamber, September 20). In recent weeks, this ambiguity has been exacerbated by the growing number of “exit bans,” whereby PRC authorities forbid specific business executives at international companies, such as Kroll and Nomura, from leaving the country (Stratfor, September 29).
Topic:: National Security, Law, and Business
Political Geography:: China and Asia

6. Xi Jinping’s Hidden Goals for the PRC Law on Foreign Relations

Author:: Willy Wo-Lap Lam
Publication Date:: 07-2023
Content Type:: Journal Article
Journal:: China Brief
Institution:: The Jamestown Foundation
Abstract:: Chinese President Xi Jinping has promulgated a new law on foreign affairs to legitimize tough measures that Beijing is taking against the “bullying” of the “hegemonic West.” The statute, “The Law on Foreign Relations of the People’s Republic of China (PRC),” which takes effect on July 1, will also anchor the supreme leader’s long-standing aspiration to build a China-centric global order that will challenge the framework established by the US-led Western Alliance since the end of World War II. The law also codifies the total control that Xi, who is Chinese Communist Party (CCP) General Secretary and Chairman of its Central Military Commission (CMC), exercises on all policies regarding diplomacy and national security (People’s Daily, June 30; Xinhua, June 28). The law states that the PRC “stays true to the vision of common, comprehensive, cooperative, and sustainable global security, and endeavors to strengthen international security cooperation and its participation in mechanisms of global security governance.” It stresses Beijing’s right to “take corresponding countermeasures and restrictive measures” against acts that violate international law and norms and that “endanger China’s sovereignty, security and development interests.” The official Global Times said the statute was a response to “new challenges in foreign relations, especially when China has been facing frequent external interference in its internal affairs under the western hegemony with unilateral sanctions and long-arm jurisdiction” (The Global Times, June 28). The legislation legalizes measures such as counter-sanctions and blacklisting of foreign nationals and institutions in retaliation against similar measures that the US and other Western countries have taken against PRC firms (New York Times Chinese Edition, December 16, 2022).
Topic:: Foreign Policy, Diplomacy, Law, and Xi Jinping
Political Geography:: China and Asia

7. The Long Arm of the Law(less): The PRC’s Overseas Police Stations

Author:: Martin Purbrick
Publication Date:: 06-2023
Content Type:: Journal Article
Journal:: China Brief
Institution:: The Jamestown Foundation
Abstract:: In April, the FBI charged two Chinese-Americans, both U.S. citizens, with conspiring to act as agents of the government of the People’s Republic of China (PRC) by establishing an “overseas police station” on behalf of the Fujian Public Security Bureau in New York. The defendants allegedly organized counter-protests against the Falun Gong, harassed a Chinese fugitive to return to the PRC and hassled a pro-democracy activist living in California. On June 6, the UK Government Minister of State for Security, Tom Tugendhat, made a statement with an update on Chinese “Overseas Police Service Stations” reportedly located in Croydon, Glasgow and Hendon (UK Parliament, June 6). He stated that “the Police have visited each of the locations identified by Safeguard Defenders [the NGO that reported the locations], and carefully looked into these allegations to consider whether any laws have been broken and whether any further action should be taken. I can confirm that they have not, to date, identified any evidence of illegal activity on behalf of the Chinese state across these sites.” The reactive approach in the UK is notably different from the US, where proactive intelligence led investigations by the FBI have led to multiple arrests. International concern regarding the extent of law enforcement activity by Chinese agencies outside of their home country jurisdiction has recently increased. Such activity has been reported as “Chinese Overseas Police Service Centers” (Safeguard Defenders, September 2022), “Chinese Assistance Centers” (China Brief, January 5, 2019), joint patrols in Italy with local police, structured training to local police such as in the Solomon Islands, harassment and intimidation of Chinese dissidents, and extra-judicial action to return fugitives from overseas that effectively constitutes extraordinary rendition. These activities are characterized by their diversity and, as a result, should not be considered part of a single strategy. Rather, the multiple purposes served by Chinese police forces’ expanding overseas activities can be better understood by tracing how these efforts have evolved over the past decade.
Topic:: Security, Law Enforcement, Law, and Police
Political Geography:: China and Asia

8. Robbing Reproductive Autonomy: Forced Sterilizations in the Americas and the Inter-American Human Rights System’s Response

Author:: Meredith McCain
Publication Date:: 05-2022
Content Type:: Journal Article
Journal:: Journal of Public and International Affairs (JPIA)
Institution:: School of Public and International Affairs (SPIA), Princeton University
Abstract:: Forced and coerced sterilizations, far from being a relic of the past, remain a widespread and troubling practice throughout the world. In the Americas, numerous countries have been accused of carrying out state-sponsored campaigns of forced sterilizations against indigenous, Afro-descendant, poor, and/or intellectually disabled women, in what amounts to an appalling act of violence and targeted erasure of marginalized communities. While international jurisprudence on forced sterilizations is limited, the Inter-American Human Rights System has been at the forefront of confronting this issue of reproductive justice. Through an analysis of two landmark cases at the Inter-American Court of Human Rights, this paper explores the strides that have been made and the gaps that remain for survivors of forced sterilization to receive justice.
Topic:: Human Rights, Law, State Violence, Reproductive Rights, and Sterilization
Political Geography:: South America, Central America, and North America

9. The Future of Digital Evidence Authentication at the International Criminal Court

Author:: Chelsea Quilling
Publication Date:: 05-2022
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 digital age, new technologies and advancements in computing power have transformed the nature of potentially relevant evidence of atrocities evaluated in international criminal law. The International Criminal Court is presently underprepared to meet the challenges of authenticating digital evidence. This paper outlines the challenges and dangers of the ICC’s current approach to digital evidence authentication and verification, explores the debate among scholars over the analysis of scientific evidence as an analogous problem, and identifies policy recommendations for improving the Court’s capacity and capability to authenticate digital evidence.
Topic:: International Relations, Science and Technology, Law, International Criminal Court (ICC), and Digital Revolution
Political Geography:: Global Focus

10. Israeli Law and the Rule of Colonial Difference

Author:: Rabea Eghbariah
Publication Date:: 03-2022
Content Type:: Journal Article
Journal:: Journal of Palestine Studies
Institution:: Institute for Palestine Studies
Abstract:: Israeli law is an important medium that maintains, perfects, and facilitates the fragmentation of Palestinians. Israeli citizenship figures in this structure of fragmentation as an exceptionalizing legal status that blurs “colonial difference” between Palestinian citizens in Israel and Jewish Israelis. The May 2021 uprising and its aftermath not only highlighted the counter-fragmentary forces present among Palestinians across different legal statuses, it also brought into clearer view a rule of “colonial difference” that crisscrosses the Israeli legal system and pertains to all Palestinians under its control. This essay explores the concept of “colonial difference” as applied to Palestinians through the law, and how this rule has been employed in the context of the May 2021 uprising against Palestinian citizens in particular.
Topic:: Law, Citizenship, Colonialism, Settler Colonialism, Police, Unity, Uprising, and Fragmentation
Political Geography:: Middle East, Israel, and Palestine

11. Hybrid Warfare or Hybrid Threat – The Weaponization of Migration as an Example of the Use of Lawfare – Case Study of Poland

Author:: Piotr Lubinski
Publication Date:: 03-2022
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: This article aims to address the issue of alleged hybrid warfare attacks on Lithuania, Latvia, and Poland. The scope of the article covers the Belarus operations conducted in 2021. Firstly, the author addresses the issue of pushing migrants from a descriptive perspective. Secondly, he debates whether Belarus operation was conducted within the scope of hybrid warfare, hybrid threat, and lawfare? The author concludes that the Republic of Belarus has operated lawfare falling within the hybrid threat spectrum. It means that the situation is not to be classified under the law of armed conflict from the perspective of international and non-international armed conflicts and ius ad bellum violation. Thirdly, the author claims that Belarus has violated international law, so certain legal redress is appropriate and justified. Belarus's actions may result in a court proceeding before the International Court of Justice and before other international institutions.
Topic:: Migration, Law, Hybrid Warfare, and Hybrid Threats
Political Geography:: Europe and Poland

12. How Has the Coronavirus Affected Polish Criminal Law?

Author:: Weronika Stawinska
Publication Date:: 06-2022
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: This paper aims to indicate the changes in Polish criminal law introduced in the COVID-19 acts. The text identifies the new regulations of most importance to society. For this reason, the initial focus is on the issue of suspension of procedural time limits and some substantive law time limits from the Criminal Code. It must be stated that, from the perspective of the legal certainty principle, precisely these provisions are of the most significant importance for the defendant. Next, the changes in the Electronic tagging concerning the possibility of interrupting the execution of an imprisonment sentence and serving an imprisonment sentence were discussed. From a criminal policy point of view, higher penalties for the offences of exposure to infection and stalking should also have been mentioned. A new offence of particularly aggravated theft has appeared in the Penal Code and a new offence of obstructing a Police or Border Guard officer in performing official duties. For a more effective fight, it is also vital to provide for the possibility of imposing a new preventive measure and confiscating objects important to public health. The indicated legal developments are presented in the context of human rights protection and in light of recent literature and judicial decisions.
Topic:: Law Enforcement, Law, Pandemic, COVID-19, and Health Crisis
Political Geography:: Europe and Poland

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

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

14. Undocumented Children in Iran

Author:: Zahra Abtahi, Keyvan Zamani, and Miriam Potocky
Publication Date:: 07-2022
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: Children are among the most vulnerable groups to suffer the consequences of a lack of documentation. A lack of legal documentation identifying citizenship precludes children from rights and privileges accorded to their documented peers. While a lack of documentation is usuallythe result ofimmigrants or asylum seekers enteringanother country without legal documentation or not renewingtheir visas after entry, it may also occur when a female national of a country cannot pass her nationality to her child because she is married to a non-national without valid documentation. According to the United Nations High Commissioner for Refugees, as of March 2021, equality between men and women relating totheconferral of nationality upon children has not yet been attained in 25 countries worldwide, including Iran.1Thiscommentaryaims to provide brief explanationsof the legal procedures regarding nationality in Iran, the different undocumented groupsandthelegal advocacy to address the issue of lack of documentation, in light of new progress addressingthe inequality in conferring nationality between men and women.
Topic:: Law, Children, Stateless Population, and Undocumented Population
Political Geography:: Iran and Middle East

15. Comment on the Zhao Case: Can a ‘Victory for Human Rights’ in the Netherlands Benefit Children at Risk of Statelessness in the Middle East and North Africa?

Author:: Thomas McGee and Yoana Kuzmova
Publication Date:: 07-2022
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: Zhao establishes a significant precedent, but it remains to be seen how easily the outcome can be translated into victories elsewhere. In practical terms, the universal application of the decision may be hampered by the limitations of the legal and institutional landscape in the MENA.This issueneeds to be pushed to challenge violations of the same right:a nationality forall children,at birth,everywhere in the world.
Topic:: Human Rights, Law, Citizenship, and Stateless Population
Political Geography:: Africa, Middle East, and MENA

16. R (Begum) v Special Immigration Appeals Commission; R (Begum) v Secretary of State for the Home Department; Begum v Secretary of State for the Home Department [2021] UKSC 7, [2021] AC 765

Author:: Eric Fripp
Publication Date:: 07-2022
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: The decision of the Supreme Court represents yet another prompt to reflection asto the very wide provision for deprivation of British citizenship bytheSSHD undertheBNA 1981s 40(2). By making clear the paucity of domestic law restraints upon the SSHD, the decision may ultimately have the effect of moving attention to the question—which the Supreme Court did not address —of whether domestic law safeguards, if not reformed, might be found so insufficient as to fall short of the international law norm prohibiting arbitrary deprivation of nationality, which the European Court of Human Rights in recent cases has been willing to find applicable through the broader art 8 ECHRrights. That question looms over the future but will,for the moment,remain unresolved. It also raises important questions concerning the absence of protection from serious harms which may, given the technical nature of the statelessness definition, not be alleviated by protection from statelessness, and leaves to be resolved on the facts of future cases important issues of child law, including the international human rights protections of the CRC89.
Topic:: Law, Children, Citizenship, Courts, and Stateless Population
Political Geography:: United Kingdom and Europe

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

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

18. The Importance of the English Language in Public Diplomacy and International Relations

Author:: Mirvan Xhemaili
Publication Date:: 02-2022
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The primary language of international relations and diplomacy is English. The representatives of international bodies communicate in the English language. It is vital to establish English as the official language for international organizations in facilitating more efficient collaboration internationally. English dominance in international communication becomes increasingly apparent. This study aimed at gaining a more in-depth understanding of the significance of the English language. It also aimed at identifying, describing, and explaining the importance of the English language in public diplomacy and international relations. The researcher used the descriptive research method in the study, notably; secondary data were used for collecting reliable conclusions for the research. The findings suggested that the adoption of formulaic language, particularly, idioms and idiomatic expressions to further embellish the phrases used in the arena of international relations or policy is a peculiarity of the English language. The study concluded that formulaic language and the adoption and usage of idioms is a distinguishing feature that diplomats and those who have a career in international law and international relations should master.
Topic:: International Relations, Diplomacy, Law, Language, and Public Diplomacy
Political Geography:: Global Focus

19. On Just, Justice and Distributive Justice: A Critical and Comparative Discourse

Author:: Sooraj Kumar Maurya
Publication Date:: 06-2022
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: Despite being endlessly debated, a unanimous impetus on the nature of just, justice, and distributive justice appears entirely untouched to the desirable scientific certainty so far. Aristotle asserts treating’ equals equally and un-equals unequally’ but in proportion to their relevant differences. John Rawls says 'justice as fairness.' To both Aristotle and John Rawls, justice meant for the good and a willingness to act by the laws to ensure the highest good of society. Antecedently, both agree that justice is a master imperative for good human relationships and coexistence. However, despite the universal agreement, they differ in many fundamental respects. Aristotle denies the outbound distribution of an individual's rights as only the head of the family has the right to free speech in the family. But, Rawls distributes each right to the individual level. The paper attempts to discuss the similarities and dissimilarities in Aristotle's and John Rawls'ideas of just, justice and distributive justice. It has been argued that the aim of both philosophers was the same, i.e., to find out a theory of justice through which unity, harmony, virtue, and happiness can be attained to the fullest in a nation.
Topic:: Law, Inequality, Justice, and Legal Sector
Political Geography:: Global Focus

20. Back to sovereignty? Policy space in investor-State dispute settlement

Author:: Magdalena Bas
Publication Date:: 09-2022
Content Type:: Journal Article
Journal:: Revista Brasileira de Política Internacional (RBPI)
Institution:: Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:: The paper examines how investor-State dispute settlement mechanisms -included in international investment agreements- are able to condition national policy space, even when foreign investors question measures regarding human rights, public health, or environmental protection. It also intends to identify and explain the new trends in international investment agreements that illustrate different ways out the investor-State dispute settlement labyrinth. In order to achieve the objectives, a qualitative documentary research was conducted, based on secondary sources. The new trends in international investment agreements cartography show the emergence of a new concept of sovereignty rooted in the defense of policy space -“regulatory sovereignty”.
Topic:: Sovereignty, Governance, Law, and Investment
Political Geography:: Global Focus

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

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

22. Mass Migration as a Hybrid Threat? – A Legal Perspective

Author:: Sascha Dov Bachmann and Anthony Paphiti
Publication Date:: 01-2021
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: Migration as a weapon sounds like a policy statement by resurgent nationalistic parties (and governments) in the West. However, politics and the human cost aside, what if an adversary (both state and non-state actor) does exploit the current global crisis of mass migration due to globalization, war, and political unrest? This article will look at the ongoing mass migration to the European Union within the wider security context of the so-called hybrid threats and/or ‘grey zone’ tactics. It looks at the various legal categories of migration as how the law can be weaponized as so-called ‘lawfare’ to undermine the existing legal frameworks distinguishing between legal and illegal migration. The authors recognize the possibility that this article will be used as an argument by the political actors involved for their nationalistic and anti-migration politics and policies. Yet, we believe that the potential of abusing the current vacuum for political gains along ideological party lines makes it necessary to provide a wider legal-security focused perspective on mass migration.
Topic:: Security, Migration, Immigration, Law, Border Control, and Humanitarian Crisis
Political Geography:: Global Focus

23. Public Policy: An Amorphous Concept in the Enforcement of Arbitral Awards

Author:: Akousa Serwaah Akoto
Publication Date:: 03-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: Public policy permeates the legal principles of a state and its ruling government. The justification of public policy is topical to the ethics and canons acknowledged by that state. These values are determined by the applicable political, social, economic, religious, and legal systems, which differ among states. As public policy usually best illuminates the broad area of government laws, regulations, provincial ordinances, and court decisions, the standards creating public policy alter as states develop. The motif of public policy is critical when the question of enforcement of arbitral awards suffice. There is no definite meaning of the term in the famous Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) to enforce foreign arbitral awards. Hence, this paper explores and traces some contemporary trends in defense of public policy as an exception to the enforcement of arbitral awards worldwide.
Topic:: Governance, Law, Regulation, and Public Policy
Political Geography:: Global Focus

24. Legal Positivism: AN Obstacle in the Process of Strengthening the Rule of Law in Bosnia and Herzegovina

Author:: Benjamin Nurkic
Publication Date:: 03-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.
Topic:: Law, Reform, Constitution, Rule of Law, and Legal Aid
Political Geography:: Europe and Bosnia and Herzegovina

25. Refouling Rohingyas: The Supreme Court of India's Uneasy Engagement with International Law

Author:: Malcolm Katrak and Shardool Kulkarni
Publication Date:: 06-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.
Topic:: Human Rights, International Law, Law, Minorities, Constitution, and Discrimination
Political Geography:: India and Asia

26. Execution of Imprisonment Sentenced by Judgment of the International Criminal Court

Author:: Dragana Cvorovic and Hrvoje Filipovic
Publication Date:: 06-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.
Topic:: Crime, International Cooperation, Law, Prisons/Penal Systems, and International Criminal Court (ICC)
Political Geography:: Global Focus

27. The Concept of Justice in Reference with Philosophies of Plato and Aristotle: A Critical Study

Author:: Sooraj Kumar Maurya
Publication Date:: 09-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The concept of justice has been a constant issue since its conception. The Greeks also attempted to define justice. They have observed justice as goodness in deeds and so a virtue. In the Greek mind, fairness was an attribute of the spirit or soul, while injustice was a sin. Both Plato and Aristotle defined justice as kindness as well as a desire to follow the law. It alluded to the connection between rights and duties. In human interactions, justice was the pinnacle of excellence and the attitude that animates folks in the right fulfillment of their responsibilities. The development of harmony and peace in thinking and conduct was pre-eminently social. In the same way, Aristotle's and Plato's fairness are complementary; both philosophers seek to discover a concept of ability by which unity, harmony, virtue, and pleasure may be produced in a community. Despite this shared agreement, they are fundamentally different in many ways. In this paper, an attempt has been made by the author to discuss the similarities and dissimilarities in theories of justice propounded by Plato and Aristotle.
Topic:: Law, International Relations Theory, Philosophy, and Justice
Political Geography:: Global Focus

28. Anonymity and Openness in Gamete Donation: The Russian Policy on the Third-Party Reproduction

Author:: Rafal Lukasiewicz and Angelo Viglianisi Ferraro
Publication Date:: 09-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The Russian Federation is one of the few jurisdictions where recipients and gamete donors have a wide scope of choice between anonymous, identifiable, and known donations. This paper examines how the Russian law regulates this sphere and how it is applied in practice basing on data collected in the largest reproductive cells bank in Russia. It demonstrates that the Russian Federation should be regarded as a country in which there is no single dominant approach to the matter of donor anonymity. The assessment of this ‘freedom of choice’ is not unambiguous. It gives recipients and donors the right to decide which option is the most suitable for their needs and motivations, simultaneously not resolving which values take precedence over others. The donor-conceived persons’ right to disclose donor’s identifying data sometimes may conflict with the donor’s right to protect their privacy and usually, jurisdictions decide which one has the priority.
Topic:: Law, Transparency, Reproductive Rights, and Donors
Political Geography:: Russia and Europe

29. Can You Hear Me Now? Attorney Perceptions of Interpretation, Technology, and Power in Immigration Court

Author:: Maya P. Barak
Publication Date:: 10-2021
Content Type:: Journal Article
Journal:: Journal on Migration and Human Security
Institution:: Center for Migration Studies of New York
Abstract:: The Executive Office for Immigration Review houses America’s trial-level immigration courts, which adjudicate hundreds of thousands of cases annually, many resulting in deportations. Most proceedings require interpretation and all rely heavily upon technology. Yet, we know little about communication and technology in these hearings, and even less about the views of attorneys who navigate this system daily. I examine the effects courtroom interpretation and technology have on immigrant voices as described in interviews with immigration attorneys representing clients facing deportation. Attorneys overwhelmingly characterize the court as procedurally unjust, pinpointing how flaws in interpretation, telephonic conferencing, and videoconferencing offer the illusion of due process. Drawing upon criminology, legal sociology, and linguistics, this study finds profound improvements are needed to ensure due process in the nation’s immigration courts.
Topic:: Science and Technology, Law, Legal Aid, and Immigration Policy
Political Geography:: North America and United States of America

30. Colonial Legacies in Syrian Nationality Law and the Risk of Statelessness

Author:: Malak Benslama-Dabdoub
Publication Date:: 07-2021
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: The millions of Syrians born or living in exile as a result of the ongoing conflict has dramatically increased the number of people from Syria with no nationality. In this regard, Syrian nationality law has been criticised for containing discriminatory provisions and failing to address the risk of statelessness. Nonetheless, the responsibility of colonialism in creating such discrimination has been largely overlooked. One decade after the outbreak of the Syrian civil war, this article looks back at the colonial roots of Syrian legislation governing nationality. Through a critical legal and historical analysis, it reveals the hidden colonial legacies of Syrian citizenship, by highlighting the responsibility of European colonial powers in introducing gender-based discrimination in domestic legislation, rendering Kurds and Palestinians stateless, and creating the practice of arbitrary denationalisation. This paper ends with a call for more research on colonial legacies within citizenship and statelessness studies.
Topic:: Law, Colonialism, Stateless Population, and Nationality
Political Geography:: Middle East and Syria

31. TP v Minister of Home Affairs (Sentence No 9140, 22 April 2014) (Tribunal of Rome)

Author:: Paolo Farci
Publication Date:: 07-2021
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: There are two procedures to determine statelessness in Italy. One is under the competence of the Ministry of the Interior, which can certify, pursuant to the administrative procedure under art 17 of Decree of the President of the Republic No 572,1 the statelessness of applicants who are able to show: (a) a birth certificate; (b) documentation relating to residence in Italy; and (c) any document suitable for demonstrating statelessness. The other procedure is under the competence of the civil courts.2 This judicial procedure does not require applicants to provide evidence of their lawful status or residence and thus, it is the route followed by most stateless persons.3 The present case, TP v Minister of Home Affairs,4 concerns the latter route to statelessness determination and involves TP’s application to the Tribunal of Rome to recognise his status as a stateless person. This case represents an unusual example of a court using its inquisitorial powers to seek evidence in support of its ruling and, as such, it set a judicial precedent, which can assist the determination of similar proceedings. It was also the first time that a court found the Government of India’s practice regarding the treatment of Tibetans born in India to Tibetan parents amounted to a denial of nationality
Topic:: Law, Courts, Stateless Population, and Nationality
Political Geography:: Europe and Italy

32. 'Humanising' Statelessness through an Artistic Approach

Author:: Md Mizanur Rahman
Publication Date:: 12-2021
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: In this article I critically examine an art-based approach to statelessness in institutional settings, to show how art can produce alternative insights on statelessness. Drawing from ethnographic observation, I show how an art-based approach tries to go beyond the predominant legalistic and political frames and representations of statelessness, but stay married to the same legal and political discourses. I found the art-based approaches observed do not subscribe to the idea that statelessness is only a legal anomaly and instead emphasise the creation of empathy for stateless individuals or groups. This humanises statelessness by showing their human vulnerability and creatively recognising their hope and agency. Regardless, artistic approaches can struggle to challenge the legalistic and political nature of the problem. It remains a question whether such approaches are appropriately promoting the views, perceptions and feelings of stateless persons themselves, as their participation in creating such art projects are minimal. As such, I argue for an ‘ethnographic turn in art practices’, which can ensure the participation of stateless people in the process of creating and demonstrating art. I believe this ‘turn’ could play a crucial role in the development of statelessness studies.
Topic:: Arts, Culture, Law, and Stateless Population
Political Geography:: Global Focus

33. The Power of Law and Justice: The Contribution of Latvia to the Global Development and Defense of Democracy

Author:: Egils Levits
Publication Date:: 09-2021
Content Type:: Journal Article
Journal:: Brown Journal of World Affairs
Institution:: Brown Journal of World Affairs
Abstract:: In May 1985, I wrote the following statement in a Canadian Latvian maga- zine: “In 5-, 20- or 50-years’ time the Soviet Union will be gone from Latvia.”1 Back then, I was just a young lawyer and political scientist—a researcher at the University of Kiel in Germany—having emigrated from the USSR-occupied Latvia 13 years earlier. I took an active part in the political life of Latvians in exile. Most believed that the bipolar world in which the nuclear superpowers of the West and East faced off would never change. So, why was I convinced that the Soviet Empire would collapse?
Topic:: Defense Policy, Development, Law, Democracy, Justice, and Post-Soviet Space
Political Geography:: Latvia and Baltic States

34. Decolonising governance: The state and chieftancy conflicts on the Ghana-Togo Borderlands

Author:: Edem Adotey
Publication Date:: 12-2021
Content Type:: Journal Article
Journal:: The Africa Governance Papers (TAGP)
Institution:: Good Governance Africa (GGA)
Abstract:: This paper examines the intersection between the modern state, chieftaincy, and international borders in governance in post-independence Ghana. It draws on a chieftaincy conflict in Ghana between Ave-Dzalele and Ave-Atanve, both Ewe-speaking communities in the Volta Region of Ghana and reflects in some detail on the involvement of the paramount chief of Edzi, whose is based in Togo, to show the complexities of governance in post-independence Ghana. The study highlights the tensions between the formal citizenship rules and traditional, informal rules of affiliation and explores the existing mechanisms for the resolution of such cross-border conflicts. It argues that modernist discourses on the sovereignty of the state and territorial integrity that ignore cross-border cultural ties limit effective approaches to the resolutions of these conflicts. This paper contributes to bridging the gap between country-specific chieftaincy research and research on cross-border chiefs in Africa through critical reflection on the limited literature on issues of governance that relate to the co-existence of modern states and international/cross-border chieftaincies. Ultimately, it calls for a decolonisation of African governance that recognises 'international chieftaincies' and formalises their roles in governance in cross- border areas around the continent.
Topic:: Post Colonialism, Governance, Law, Conflict, Borders, Decolonization, Tradition, and Chieftancy
Political Geography:: Africa, Ghana, and Togo

35. Exceptionality of the Principle of the Presumption of Innocence

Author:: Carlos Manuel Rosales
Publication Date:: 12-2021
Content Type:: Journal Article
Journal:: Review of Human Rights
Institution:: Society of Social Science Academics (SSSA)
Abstract:: The Principle of Presumption of Innocence (PPI) is one of the constitutional pillars of modern democratic state system. However, various theories and justifications have been developed for its inalienability to be reconsidered, especially based on the local context and needs of each country. This research highlights and critically analyzes the question of its reconsideration, the exceptions so far created, and its impact on the continental human rights jurisdictional system.
Topic:: Human Rights, Law, Justice, Jurisdiction, and Presumption of Innocence
Political Geography:: Global Focus

36. Effect of “Just Cause” Eviction Ordinances on Eviction in Four California Cities

Author:: Julieta Cuellar
Publication Date:: 05-2020
Content Type:: Journal Article
Journal:: Journal of Public and International Affairs (JPIA)
Institution:: School of Public and International Affairs (SPIA), Princeton University
Abstract:: The Eviction Lab’s recently released dataset of evictions in the United States provides rich opportunities for exploring the effect of state and local policies on eviction rates. Just cause eviction ordinances—local laws that outline what constitutes grounds for eviction—have gained traction as a policy solution for addressing the eviction crisis. This paper analyzes the relationship between just cause eviction ordinances and eviction rates and eviction filing rates in four California cities. A difference-in-differences matched case model suggests that there is a statistically significant, large, and negative difference between eviction rates and eviction filing rates before and after the passage of just cause eviction ordinances in the four treatment cities, as compared to the difference in these rates before and after the passage of just cause eviction ordinances in matched control cities. Cities that implemented just cause eviction laws experienced lower eviction, by 0.808 percentage points, and eviction filing rates, by 0.780 percentage points, than those that did not.
Topic:: Law, Domestic Policy, and Eviction
Political Geography:: North America and United States of America

37. The World Health Organization: The COVID-19 Pandemic and Transnational Law

Author:: Carla Piffer and Paulo Márcio Cruz
Publication Date:: 11-2020
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The reflections made in this writing, bring to discussion the importance of transnational law, in the face of the occurrence of the current pandemic. From this, considerations are made about the transnational law produced by the WHO against Covid-19. Also, an analysis is made of the central categories and their relationship with the prefix ‘trans-’ and transnational law. Subsequently, the WHO is discussed, its emergence and performance in the elaboration of a transnational legal framework to be considered when internalizing its guidelines by each Member State. In the context of final considerations, it is emphasized, in addition to the importance that should be attributed to transnational law that the work of the WHO, as a transnational actor, practices materialized acts such as transnational law, both in terms of guidance and in connection with public health matters. The methodology used was based on the inductive method, using the bibliographic research.
Topic:: World Health Organization, Law, Transnational Actors, Coronavirus, Pandemic, and COVID-19
Political Geography:: Brazil and Global Focus

38. ‘Legal Identity for All’ and Statelessness Opportunity and Threat at the Junction of Public and Private International Law

Author:: Bronwen Manby
Publication Date:: 12-2020
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: This article considers the impact of Target 16.9 of the Sustainable Development Goals (‘SDGs’), ‘to provide legal identity for all, including birth registration’ on the objective of eradicating statelessness. This SDG Target has given a significant boost to initiatives for the strengthening of civil registration and identification systems, supported by the United Nations and World Bank. Yet its impact on the resolution of statelessness is not clear, because of the immense complexity of the definition of ‘legal identity’. Proposed definitions, adopted after the target was established, fail to take on board the challenges involved in cross-border recognition of civil status documents and the determination of nationality of a child for parents who hold no documents. The article concludes that SDG Target 16.9 is both an opportunity and a threat. If the objective of providing universal ‘legal identity’ is to have a positive impact for stateless persons there is a need for new engagement with the regulation of civil status in private international law, and new insistence in public international law on legal frameworks that facilitate recognition and registration of the different elements of a person’s identity, including nationality, even and especially where they are officially in doubt. Short cuts in this process risk long delays.
Topic:: International Law, Law, Identity, and Stateless Population
Political Geography:: Global Focus

39. Nomads and the Struggle for a Legal Identity

Author:: Heather Alexander
Publication Date:: 12-2020
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: Over the past century, governments around the world have greatly expanded civil registration and the issuance of identity documents of all kinds. The process of identifying and registering individuals is sometimes called establishing their ‘legal identity’.1 Establishing a legal identity is crucial for people to access many rights.2It is also a basic prerequisite for establishing a nationality. A legal identity is also important for governments to surveil their populations. Yet, as more research is done on the legal identity of nomadic and mobile peoples,3 it is emerging that establishing a legal identity is not easy for them, nor is it a panacea that automatically helps them access their rights. Instead, it can lead to their assimilation.4 This comment summarises my recent research into the establishment of legal identity for nomadic and mobile peoples, uncovering important and disturbing new insights into this fraught process.
Topic:: Law, Identity, Nomad, and Stateless Population
Political Geography:: Global Focus

40. Symposium Introduction Identifying a Cross-Disciplinary Dialogue between Statelessness and Slavery

Author:: Alice Eckstein
Publication Date:: 06-2020
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: Researchers working on slavery or statelessness will know there are overlaps in condition and population between stateless persons and those living in conditions of slavery, as well as common problems in carrying forth work focused on these communities. These overlaps are easy enough to identify, and the dangers presented by one status to fall into the other are similarly apparent. A stateless person is likely to experience restricted access to financial services, education, healthcare and legal services, as well as limitations on regular movement across borders. These restrictions create vulnerability to exploitative labour practices, including slavery. Those people who are living in slavery, or who have exited slavery, may have moved across borders or lost documentation as part of their exploitation. They risk their ‘citizen’ identity and the state’s protections, and may thus be exposed to the risk of becoming stateless. Listing similarities and common or overlapping risk factors aside, what knowledge and practices can be shared among scholars working on these two separate violations of human rights? Where and how can researchers identify similar challenges and resources, as well as collaborate on a common research agenda? This symposium brings together researchers and scholars working in various ways on responses to slavery to offer their perspectives on challenges and paths forward that may resonate with those engaged in understanding statelessness. These range from the challenge of effective measurement, to tracking legislation, to the activation of local communities and the lived experiences of survivors. Working as Programme Manager on Modern Slavery, I hoped in coordinating this symposium to identify areas where slavery researchers can consider their own work and present it here to the statelessness research community. I was fortunate in engaging contributors who have richly engaged with these questions.
Topic:: Health, Law, Slavery, and Stateless Population
Political Geography:: Global Focus

41. The Political and Legal Landscape of the Alaska Phenomenon

Author:: Ye. Zinkov
Publication Date:: 01-2020
Content Type:: Journal Article
Journal:: International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:: East View Information Services
Abstract:: ThE PROBLEM of the acquisition and sale of Alaska, and to whom it belongs, excites the minds of researchers to this day. There are supposi- tions that once the first Russians had traversed Siberia, they settled in Alaska during the second half of the 16th century.1 The next period, in which Alaska gets mentioned by Russian people, dates to 1648, in connection with the names of the Cossack Semyon Dezhnev and his associate Fedot Popov, who circumvented the Asian continent, then passed from the Arctic Ocean to the Pacific Ocean basin.2 Later on, an official expedition was organized; its commander, Vitus Bering, announced in 1728 his discovery that Asia and America did not have a land bridge between them.3 The first legal documentation of Alaska’s coastline took place on August 21, 1732, when the crew of the St. Gabriel, under the leadership of surveyor Mikhail Gvozdev and navigator Ivan Fyodorov (or K. Moshkov, according to other sources), recorded its contours without going ashore. From this date began the jurisdictional affiliation of Alaska with the Russian Empire. however, the territory for a long time contin- ued to be developed on the basis of civil law. The bureaucrats of the Russian Empire did not duly administer the land in Alaska. This situation contributed to the consolidation of legal relations within civil society on the territory along the lines of the Novgorod Republic.
Topic:: International Law, Law, Land, and Jurisdiction
Political Geography:: Russia, Europe, North America, Alaska, and United States of America

42. Incorporation of Universal Human Rights’ Norms in Municipal Law: An Analytical Study of Saudi Arabia, Iran, and India

Author:: Moosa Akefi Ghaziani and Mohmmad Akefi Ghaziani
Publication Date:: 12-2020
Content Type:: Journal Article
Journal:: Review of Human Rights
Institution:: Society of Social Science Academics (SSSA)
Abstract:: The incorporation of universal human rights’ norms in public municipal law has often been a challenge for both Islamic and secular states. Employing an analytical method this article explores the main legal challenges to the incorporation of universal human rights norms into municipal laws in three states--Saudi Arabia and Iran, the two Islamic states, and India, the secular state. It is argued that despite their differences in the larger legal framework they follow a peculiar dualistic system to incorporate the human rights norms, which results in its application challenges.
Topic:: Human Rights, Law, and Norms
Political Geography:: Iran, Middle East, and Saudi Arabia

43. Geopolitics and the Constitution in Light of the Democratic Constitutional State

Author:: Guilherme Sandoval Goes
Publication Date:: 07-2020
Content Type:: Journal Article
Journal:: AUSTRAL: Brazilian Journal of Strategy International Relations
Institution:: Postgraduate Program in International Strategic Studies, Universidade Federal do Rio Grande do Sul
Abstract:: This article is the result of research carried out in the postdoctoral stage of the Postgraduate Program in Aeronautical Sciences at the University of Aeronautics (PPGCA), whose theme was “Geopolitics, Culture and Law: Epistemological dialogues needed in times of postmodernity” Thus, it collimates to examine the scientific connections that unite geopolitics and law, disciplines that overlap in such a way that they end up guaranteeing fundamental rights for ordinary citizens, aiming to analyze the geopolitical control of law from the influence of neoliberal geopolitics on constitutionalism. of the countries of late modernity, as is the case of Brazil, thus it was possible to demonstrate the influence of real factors of world power in the legislative process of the countries of the Global South of neoliberal globalization, whose leadership is being disputed by the United States and China.
Topic:: International Relations, Globalization, Government, Governance, Law, and Neoliberalism
Political Geography:: China, Asia, Brazil, South America, North America, United States of America, and Global South

44. The web of legal pluralism and traditional authorities in Mozambique

Author:: Jorge João Muchacona
Publication Date:: 12-2020
Content Type:: Journal Article
Journal:: Brazilian Journal of African Studies
Institution:: Brazilian Journal of African Studies
Abstract:: Legal pluralism is seen as a theory that supports the coexistence of several legal systems within the same society. This is due to the existence of efficient legal systems, simultaneously in the same environment and spacetime. This coexistence of several legal systems in the same space and time has gained historical relevance due to several factors, such as the rupture of the Roman Empire, which resulted in the forced cultural exchange resulting from the barbarian invasions. Colonization also caused a situation in which several rules and customs of different peoples had to coexist, namely between colonized and colonizers. With decolonization, legal systems were created based on the rules of the colonizers, but with specificities and differences of their own. Globalization has also influenced the diversification of legal pluralisms, weakening the role of the state as the sole holder and creator of legal systems.
Topic:: Globalization, Law, Legal Theory, Colonialism, Authority, Pluralism, and Legal Sector
Political Geography:: Africa and Mozambique

45. Migrations and Security. The Problematic Circularity ‘Philosophy, Law and Politics’

Author:: Giovanni Bombelli
Publication Date:: 05-2020
Content Type:: Journal Article
Journal:: Journal on International Security Studies (RESI)
Institution:: International Security Studies Group (GESI) at the University of Granada
Abstract:: This article focuses on the problematic nexus migration-security, which calls into question classical philosophical-legal and political categories (State, law, territory) dating back to the origins of the modernity. The analysis of Hobbes’ and Grotius’ insights allows to grasp the distance between the modern framework and the post-modern scenarios. The contemporary complex societies are characterized by fundamental socio-legal transitions, in particular as regards the notion of “privacy”, and by the progressive implementation of a new model of law and politics relations that is closely connected to the crucial role played by technology. In the light of this horizon, the migration issue, and its relations with the political phenomenon called “populism”, should be fundamentally understood in a cultural perspective even before its immediate sociological, political and legal projections.
Topic:: Security, Migration, Politics, Culture, and Law
Political Geography:: Spain and Global Focus

46. The Law’s Broken Promises to Stateless Persons

Author:: Jamie Chai Yun Liew
Publication Date:: 03-2020
Content Type:: Journal Article
Journal:: Brown Journal of World Affairs
Institution:: Brown Journal of World Affairs
Abstract:: Canada is the canary in the coal mine in terms of efforts to combat stateless- ness among Western democracies. One might assume that Canada would have a sophisticated system for addressing stateless persons—those without any citizen- ship whatsoever in any nation—since its reputation for welcoming refugees is unparalleled. In 1986, Canada won the Nansen Medal, the highest distinction bestowed by the United Nations for aiding refugees.1 Its inland refugee determi- nation system is considered the gold standard all over the world. Furthermore, Canadians have a generous refugee sponsorship program, which allows groups of persons, not just the government, to sponsor overseas refugees.2 This system is not without its problems. One notable example is that some border crossers at the Canada-United States border are denied the right to a refugee hearing and are consequently in danger of being sent back—before their refugee claim is assessed—to places where they may face persecution and/or torture.3 Not- withstanding such shortcomings, Canada is a democracy; there are continual efforts to improve the refugee system through dialogue between the courts and the legislature, advocacy and education by lawyers, NGOs, and migrants themselves, and the hard work of civil servants working to improve the system.
Topic:: United Nations, Law, Refugees, and Stateless Population
Political Geography:: Canada and North America

47. The parting of the seas: norms, material power and state control over the ocean

Author:: Rodrigo Fracalossi de Moraes
Publication Date:: 12-2019
Content Type:: Journal Article
Journal:: Revista Brasileira de Política Internacional (RBPI)
Institution:: Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:: The paper argues that the norm of sovereignty was extended to sea areas with only minor adaptations. Using an English School approach, it explores the political evolution of control over the seas, demonstrating why and how the norm of sovereignty prevailed over alternative norms and principles regulating control of the seas. The paper then compares the positions of Brazil, China and the United States on the current international regime of the ocean.
Topic:: Sovereignty, Law, Maritime, and Jurisdiction
Political Geography:: Global Focus

48. Citizenship, the Vector of Present? Considerations de lege lata Based on the Polish Domestic Law

Author:: Małgorzata Babula
Publication Date:: 01-2019
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: The modern world is opening up to a series of innovations, differences and broad- ly understood diversity. The pace of changes becomes a peculiar substructure of creating patchwork nations. The variety of races, colors, religions and cultures. All of the above con- tain a point which, like an electron, resembles an omnipresent “variant”. This constant value is a human being. We are accompanied by a sense of belonging to a specific place, culture and values. On this basis, we expect something (e.g. having rights and freedoms). Citizenship seems to be a binder that puts us in a clearly narrowed community with certain values and often allows us to distinguish our own “self ”. Created by history, absorbing presence, citizen- ship is an important element of our affiliation to the country, to culture and to the values hid- den behind them. In the world of diversity, it seems to be a desirable and important element. The purpose of this article is to discuss the contemporary role assigned to citizenship, as well as to show the citizenship as a factor shaping the position of the individual and justifying the distinction made in specific areas of human functioning in the state.
Topic:: Law, Constitution, Citizenship, Civil Rights, and Domestic Policy
Political Geography:: Europe and Poland

49. The Israeli Elections Just Got Interesting: Netanyahu’s Indictment and the New Center Left Alliance

Author:: Josh Dean
Publication Date:: 01-2019
Content Type:: Journal Article
Journal:: Harvard Journal of Middle Eastern Politics and Policy
Institution:: The John F. Kennedy School of Government at Harvard University
Abstract:: A little over a month ago, I wrote of an atmosphere of resignation in Israel among Netanyahu’s political opponents leading up to the Israeli parliamentary elections on April 9th. The smattering of center-left parties seeking to rival Netanyahu’s Likud at the ballot box were divided across a range of tickets, unable to put their egos aside and form a joint bloc capable of presenting a veritable challenge to the incumbent prime minister. The long-reigning Israeli leader’s tenure looked, therefore, set to extend even further. The question was not who will be the next prime minister, but rather “Who will be the next Bibi [Netanyahu]?” as Israeli comedian Tom Aharon quipped. But a lot can change in a day of Israeli politics, never mind a month. As political alliances shift rapidly, the announcement of Netanyahu’s indictment on fraud and corruption charges has further destabilized the already-turbulent atmosphere leading up to the April elections.
Topic:: Corruption, Politics, Law, and Elections
Political Geography:: Middle East, Israel, and Palestine

50. Current law constraining the President: a series on Congress’s options to limit arms sales and aid to Saudi Arabia, part 2

Author:: Jacques Singer-Emery
Publication Date:: 01-2019
Content Type:: Journal Article
Journal:: Harvard Journal of Middle Eastern Politics and Policy
Institution:: The John F. Kennedy School of Government at Harvard University
Abstract:: This is the second of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. As explained in Part 1 of this series, the Trump administration’s continued support for the Saudi coalition’s war in Yemen has triggered a range of Congressional responses. Although Congress faces challenges in passing new legislation to denounce Saudi Arabia’s actions in Yemen and its killing of Jamal Khashoggi, the White House’s Saudi policy implicates at least four pieces of existing legislation: the Arms Export Control Act (AECA), the War Powers Resolution, the Foreign Assistance Control Act (FAA), and the Leahy Laws. These laws were all passed during the Cold War to curtail the executive’s increasing ability to unilaterally sell arms, supply military aid, and order U.S. troops to assist allies in a theater of war. The executive must abide by these laws. If the President refuses or cuts corners, Congress can bring him to heel directly via impeachment, or indirectly through court orders that force executive branch agencies to halt the restricted activity.
Topic:: Government, War, Law, Courts, and Legislation
Political Geography:: Yemen, Saudi Arabia, North America, United States of America, and Gulf Nations

51. Constraining U.S. foreign policy by enforcing current law: a series on Congress’s options to limit arms sales and aid to Saudi Arabia, part 3

Author:: Jacques Singer-Emery
Publication Date:: 01-2019
Content Type:: Journal Article
Journal:: Harvard Journal of Middle Eastern Politics and Policy
Institution:: The John F. Kennedy School of Government at Harvard University
Abstract:: This is the third of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. Credible allegations of Saudi war crimes and human rights abuses in Yemen should trigger the FAA and Leahy Laws to prevent U.S. aid from reaching the Saudi-led coalition, as discussed in part 2 of this series. However, the U.S. Constitution forbids Congress from unilaterally issuing orders to any executive agency, including the Defense and State Departments. Accordingly, both the Foreign Assistance Control Act (FAA) and the Leahy laws place the onus on the executive to identify and respond to gross violations of human rights. Thus far, the executive has turned a blind eye to the Saudi coalition’s actions. Congress could independently find that Saudi Arabia has engaged in a “consistent pattern of gross violations of internationally recognized human rights” by commissioning its own investigations. But if the executive remains unconvinced, Congress only has two options to enforce the FAA and the Leahy laws: impeach the President, or obtain a court order requiring the executive withhold aid and arms pursuant to these laws. The first action is unlikely to occur here, but the second is a viable option. To secure a court order, Congress must show that the executive’s refusal to follow the FAA and the Leahy laws uniquely injures the legislative branch in a way that only the courts can remedy.
Topic:: Government, International Law, Law, War Crimes, Weapons, Courts, and Legislation
Political Geography:: Yemen, Saudi Arabia, North America, United States of America, and Gulf Nations

52. Facing a President’s veto: a series on Congress’s options to limit arms sales and aid to Saudi Arabia, part 1

Author:: Jacques Singer-Emery
Publication Date:: 01-2019
Content Type:: Journal Article
Journal:: Harvard Journal of Middle Eastern Politics and Policy
Institution:: The John F. Kennedy School of Government at Harvard University
Abstract:: This is the first of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. Congress is considering a range of options to express its displeasure with Riyadh after Saudi agents murdered prominent Saudi journalist and critic Jamal Khashoggi at the Saudi consulate in Istanbul in September 2018, and journalists and NGOs around the world continue to highlight human rights abuses perpetrated by Saudi-led coalition forces in Yemen. Of these options, the most notable is the Saudi Arabia Accountability and Yemen Act of 2019. Congress has already voted to condemn President Donald Trump’s unequivocal support for the Kingdom of Saudi Arabia: the Senate voted March 13th to end US support for the war in Yemen, echoing a measure that passed the House in mid-February. But, the Saudi Arabia Accountability and Yemen Act would go further still, sanctioning those in the Saudi government responsible for Khashoggi’s death and curtailing U.S. arms sales and military aid critical to the Saudi-led coalition’s war in Yemen. The White House vehemently opposes the bill. If it passes, President Trump is expected to veto it, just as he is expected to veto the Senate’s March and House’s February resolutions.
Topic:: Government, Law, Military Affairs, and Legislation
Political Geography:: Middle East, Yemen, North America, United States of America, and Gulf Nations

53. The Role of the Ethical Underpinnings of International Humanitarian Law in the Age of Lethal Autonomous Weapons Systems

Author:: Kaja Kowalczewska
Publication Date:: 01-2019
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: This paper presents selected conclusions related to the theoretical underpinnings of international humanitarian law, with special focus on the understanding of considerations of humanity and the dictates of public conscience (the Martens clause) and their impact on the regulation of lethal autonomous weapons systems. Despite the fact that different positions can be found in the doctrine, it is argued herein that the general principles of international humanitarian law are not sufficient to properly regulate the disruptive military technologies (new means and methods of warfare) and a new international norm is needed. Consequently, the paper agglomerates extra-legal and cross-cutting arguments stemming from other normative regimes that point to prioritization of the value of human life and the role and quality of the human factor in decision-making procedures relating to the health and life of victims of modern armed conflicts, which should be incorporated in it.
Topic:: Law, Ethics, Weapons, Artificial Intelligence, Humanitarian Crisis, and Emerging Technology
Political Geography:: Global Focus

54. Committing a Crime as a Reason to Limit the Ability to Perform Functions in Local Government Administration

Author:: Janusz Bojarski and Natalia Dasko
Publication Date:: 01-2019
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: 2018 local self-government elections in Poland were special ones. Brought to light mismatching of provisions of the Electoral Code and Act on Local Self-Government Employees and attempt to use it to obtain an advantage in fight for political power caused political emotions and legal controversies. The aim of this article is presents limits imposed by criminal law on right to be elected in this type of elections and more general, role of criminal law as a tool in politics. The article presents a problem of conflict of legal regulations regarding the right to be elected and perform a public function in a local self-government unit as a problem of conflict between will of voters and attitude of politicians to creation of law and aim they try to obtain.
Topic:: Crime, Governance, Law, Elections, and Local
Political Geography:: Europe and Poland

55. Exploring Undocumented Students' Understandings of the Role of Higher Education during the Trump Era

Author:: Karina Santellano
Publication Date:: 06-2019
Content Type:: Journal Article
Journal:: California Journal of Politics and Policy
Institution:: Institute of Governmental Studies, UC Berkeley
Abstract:: Law pertaining to immigrants is conceptualized as legal violence (Menjívar and Abrego 2012). Deferred Action for Childhood Arrivals (DACA) is an executive policy with an uncertain future under the Trump administration. In California, many DACA beneficiaries are students at public colleges and universities. This paper conceptualizes DACA as another form of legal violence and draws from 30 in-depth interviews with undocumented students to explore the ways in which undocumented students believe the role of their college/university is to mitigate the legal violence stemming from the liminality of DACA. Some participants believe their colleges/universities should provide safety, specifically via the designation of sanctuary campus status for its symbolic importance, others believe their colleges have a responsibility beyond intellectualism sharing they should be progressive leaders against xenophobia, while others expressed cynicism, describing institutions of higher education as corporations interested in their brand rather than in being immigrant rights advocates on behalf of their students. This study serves as a way for institutions of higher education to learn how undocumented students perceive their roles and duties. At the end of this paper, the author suggests how colleges and universities can work towards mitigating legal violence in the lives of undocumented students.
Topic:: Human Rights, Immigration, Law, Immigrants, and Higher Education
Political Geography:: United States and California

56. DACA, DAPA, and Discretionary Executive Power: Immigrants Outside the Law

Publication Date:: 06-2019
Content Type:: Journal Article
Journal:: California Journal of Politics and Policy
Institution:: Institute of Governmental Studies, UC Berkeley
Abstract:: In June 2012, President Barack Obama announced the creation of DACA, a program which instructed executive branch officials to exercise their administrative discretion to defer the deportation of eligible applicants. Two years later, in November 2014, President Obama announced the DAPA program, which expanded DACA and extended this exercise of discretion to parents of U.S. citizens or permanent residents. Both announcements were met by controversy. Critics charged that, by altering the legal regime from one in which undocumented immigrants were to be deported to one of “executive amnesty,” President Obama exceeded his authority, turning him into an “emperor” or a “king.” The President’s supporters insisted, rather, that President Obama was acting fully within his executive authority. Understanding this debate requires one both to delve into the complicated legal context, and to look beyond legal doctrine. The controversy reflected broader concerns about discretionary executive power and the law, linked to anxiety regarding the sovereign’s head of state as “he who decides on the state of exception.” It also derived from specific concerns about President Obama as the embodiment of the sovereign: his racialized body, depicted as illegitimate and foreign, furthered the perception of his policies as illegal. Lastly, the fact that undocumented immigrants are not perceived as members of the body politic helped to produce this vision of DACA and DAPA as lawless action. In this telling, the sovereign actor, the beneficiaries of his action, and the act itself were all cast as illegitimate through a mutually reinforcing logic; all were exceptions that stood “outside the law.”
Topic:: Race, Immigration, Law, Citizenship, and Immigrants
Political Geography:: United States and California

57. 'Diagnosing' Statelessness and Everyday State Illegibility in Northern Thailand

Publication Date:: 12-2019
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: Statelessness in Thailand is primarily framed first and foremost as an issue of legibility to the state, with an assumption that once a stateless person is ‘properly seen’, due recognition will follow. This article builds on a growing body of literature that examines the limits of evidentiary approach and the burden of proving citizenship as experienced by many stateless persons around the world. I use the anthropological framework of ‘state illegibility’ to encapsulate the systemic violence and burden placed on stateless persons by the state’s opaqueness and inscrutable, contradictory and unpredictable bureaucratic practices. Through three ethnographic accounts in Thailand, I interrogate various forms of state illegibility and their implications. I argue that by not recognising state illegibility, statelessness risks being reduced to an individualised legal status issue, rather than being acknowledged as a symptom of systemic discrimination.
Topic:: Governance, Law, and Stateless Population
Political Geography:: Asia and Thailand

58. One Step Forward, Two Steps Back: Legal Arguments on the Visa–Free Travel of Turkish Citizens to the EU

Author:: A. Aslı Bilgin and Pierluigi Simone
Publication Date:: 08-2019
Content Type:: Journal Article
Journal:: Uluslararasi Iliskiler
Institution:: International Relations Council of Turkey (UİK-IRCT)
Abstract:: Within the scope of the Readmission Agreement signed in 2013 between the European Union (EU) and Turkey, the EU will grant visa–free travel for Turkish citizens in exchange for Turkey readmitting the illegally resident of third- country nationals transited through the territory of Turkey to Europe. However, in accordance with the EU–Turkey Association Law and the case–law of the Court of Justice of the European Union (CJEU), visa-free travel could be valid for Turkish citizens who would conduct or plan to conduct economic activity in the EU since the entry into force of the Additional Protocol (AP) of 1970 and Association Council Decision (ACD) No.1/80. This paper examines whether visa–free travel for Turkish citizens is an already-acquired right stemming from the EU–Turkey Association Law or would be a favor given by the EU in exchange for signing the Readmission Agreement, via the interpretation of Article 41 (1) of the AP and Article 13 of ACD 1/80, in light of the case–law of the CJEU.
Topic:: Bilateral Relations, Law, European Union, and Citizenship
Political Geography:: Europe, Turkey, Middle East, and Mediterranean

59. A Socio Political Status of Minorities in Pakistan

Author:: Iram Khalid and Muhammad Rashid
Publication Date:: 01-2019
Content Type:: Journal Article
Journal:: Journal of Political Studies
Institution:: Department of Political Science, University of the Punjab
Abstract:: The groups of people based on religion, language or ethnicity living in a state but in lesser numbers are called minorities. The minority groups have been living in Pakistan amicably since independence and have been playing their active role in the development of society especially in education and health sectors. Despite being living in conducive environment as good and responsible citizens, the minority groups have been facing inequality, discrimination and victimization by both the state and society. These minorities have been marginalized in almost every segment of life including employment, education, and top of all-the religious freedom. The minorities, especially the Christians have some serious issues about their security and often mention that they have been targeted especially under Blasphemy Law in which they have been prosecuted in the name of religion. Most of these blasphemy cases have been found out to be the result of personal enmity and religious vendettas. The government needs to address these issues of minorities on emergency footings for an inclusive and moderate Pakistani society.
Topic:: Religion, Law, Minorities, and Freedom of Religion
Political Geography:: Pakistan and South Asia

60. Plagiarism Attitude Scale as a Tool Of Understanding Academic Integrity Values

Author:: Svitlana Chukanova
Publication Date:: 03-2019
Content Type:: Journal Article
Journal:: Studies of Changing Societies Journal (SCS)
Institution:: Studies of Changing Societies Journal (SCS)
Abstract:: As Ukraine has chosen a course to European integration, it is obvious that there is a necessity in revising all the standards and it is very important to pay great attention to education and academic ethics. Especially crucial topics are a violation of Academic Integrity principles such as cheating and plagiarism, thus students must be sure that they know what plagiarism is, and what the consequences of it are.
Topic:: Law, Ethics, Research, Regional Integration, Higher Education, and Academic Integrity
Political Geography:: Europe and Ukraine

61. Breaches of Academic Integrity in Ukraine: Issues on Copyrights Disposal

Author:: Alla Smorodyna
Publication Date:: 03-2019
Content Type:: Journal Article
Journal:: Studies of Changing Societies Journal (SCS)
Institution:: Studies of Changing Societies Journal (SCS)
Abstract:: First part of this paper reviews how Ukrainian law regulates creation, disposal and transfer of the intellectual property rights on educational literary works (books, textbooks, study guidelines etc.) produced by the academics employed in Ukrainian Higher Educational Institutions (so called HEIs). Economic intellectual property rights on such works may belong to the academic, to the University or to them jointly. It is proved that academics enjoy with moral intellectual property rights and are keeping such rights not depending on the fact of transfer of the economic intellectual property rights. Second part of this paper reviews issues on regulation and application of the principles of academic integrity to the academics from the perspective of Ukrainian law. As a result it is studied the consequences of breach of academic integrity principles and its co- relation with copyright infringement.
Topic:: Intellectual Property/Copyright, Law, Higher Education, and Academic Integrity
Political Geography:: Europe and Ukraine

62. The Chartered Rights of Americans: A Kirkian Case for the Incorporation of First Amendment Rights

Author:: Luke C. Sheahan
Publication Date:: 12-2019
Content Type:: Journal Article
Journal:: Humanitas
Institution:: The Center for the Study of Statesmanship, Catholic University
Abstract:: Traditionalist conservatives have often expressed hostility to the Supreme Court’s First Amendment jurisprudence, perceiving it as an attempt to accomplish social change undertaken by the court’s current justices while disregarding the original meaning of the Bill of Rights.1 According to this account, rather than recognizing the provisions of the First Amendment to be part of a larger constitutional project that upholds social order and traditional institutions, the court interprets First Amendment clauses so as to undermine the basic structural logic of the Constitution itself. An advocate of this position is the figure many consider to be the godfather of American intellectual conservatism, Russell Kirk.
Topic:: Law, Domestic Politics, and Conservatism
Political Geography:: United States

63. The Concept of Statesmanship in John Marshall’s Life of George Washington

Publication Date:: 12-2019
Content Type:: Journal Article
Journal:: Humanitas
Institution:: The Center for the Study of Statesmanship, Catholic University
Abstract:: By any conventional measure, Chief Justice John Marshall’s Life of George Washington (1804) was a flop. Intended to be the authoritative biography of the nation’s most celebrated general and president, the work was widely derided at the time of its overdue publication, and since then has been largely forgotten. Surely the sense of personal embarrassment Marshall experienced must have been keen, for he admired no public figure more than Washington. Amid his Supreme Court duties, he labored for years on the Life, digging deep into American military and political history in hopes of etching in the minds of his fellow citizens the memory of the republic’s foremost founder. Yet in spite of his efforts, on no other occasion were Marshall’s failures more total and public. At one point, Marshall expressed the desire to publish the work anonymously, and one wonders if his wish was motivated less by self-effacement than a faint premonition of the biography’s failure.
Topic:: Law, Military Affairs, Domestic Politics, and Supreme Court
Political Geography:: United States

64. What is Left from the Identity of the State of Israel Proclaimed in the Declaration of Independence?

Author:: Mordechai Schenhav
Publication Date:: 01-2018
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: The purpose of this article is twofold. First, to look at the Identity of Israel as both Jewish and democratic State in its Declaration of Independence and the status it acquired over the years within the Constitutional and law system. The second, to examine, through the evolution of the enounced principle of equality in the situation of economic, gender, reli- gious and national minorities, how it was implemented and what has changed after 70 years. From the outset, the Declaration was not given a constitutional status but later the Supreme Court gave it an interpretive quality. With the two Basic Laws on Human Rights, limited as they were, it gave the Supreme Court much more advantage to intervene and impose the Identity of the State as Jewish and democratic in its interpretations of laws in spite of strong criticism and even to influence and criticize the Knesset legislation. However, Israel is still not a true liberal Democracy since the rights within it are determined more according to the ethnic-national religious belonging of the person than according to its citizenship and the principle of equality is only partially adopted in practice with different degrees as regards the various minorities. In some aspects, it even moves away from the original intended Iden- tity of an exemplary liberal Democratic Nation State.
Topic:: Nationalism, Law, Legislation, State Building, Identity, and Equality
Political Geography:: Middle East and Israel

65. From coup to constitution: The impact of Turkey’s attempted coup on the constitutional referendum – a series on Turkish constitutionalism, part 2

Author:: Mason Hill
Publication Date:: 01-2018
Content Type:: Journal Article
Journal:: Harvard Journal of Middle Eastern Politics and Policy
Institution:: The John F. Kennedy School of Government at Harvard University
Abstract:: This is the second in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. At Erdoğan’s election in 2002, he appeared to be the latest in a line of populists elected to office. Initially, his success seemed the result of an ability as an Islamist to appease the concerns of the secular establishment. This was bolstered by his stated commitment to Turkey’s accession to the European Union. While in the 1990s Islamist reformers failed to pass institutional reforms aimed at decreasing military control of Turkish politics, the military allowed Erdoğan the space to pursue institutional reform that would enhance Turkey’s chances of becoming a member of the European Union. This attempt by the Justice and Development Party (AKP) to reimagine Turkish democracy for the 21st century took the form of a general push for constitutional reform.
Topic:: Politics, Governance, Law, Elections, Constitution, Recep Tayyip Erdoğan, and Coup
Political Geography:: Turkey and Middle East

66. Remembering 1962: The Turkish constitutional referendum in context a series on Turkish constitutionalism, part 1

Author:: Mason Hill
Publication Date:: 01-2018
Content Type:: Journal Article
Journal:: Harvard Journal of Middle Eastern Politics and Policy
Institution:: The John F. Kennedy School of Government at Harvard University
Abstract:: This is the first in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. Constitutions are nations’ mission statements, and articulate pre-political commitments that turn residents into citizens, and borders into a nation. In Turkey, generations of political leaders have used constitutional reform as an opportunity to set their political agenda and highlight their priorities. The 2017 referendum must be understood in the context of a democracy where voters have experienced successive constitutional reforms aimed at complementing the mission each new generation of leaders gives itself. A view of modern Turkish history reveals the tendency of leaders to use constitutional reform to address deficiencies in their respective administrations, and reflects the latent tension between populism, military intervention, and constitutional integrity.
Topic:: Politics, History, Law, Reform, and Constitution
Political Geography:: Europe, Turkey, and Middle East

67. After ISIL: Justice and Protection for Children in Iraq

Author:: John Millock
Publication Date:: 01-2018
Content Type:: Journal Article
Journal:: Harvard Journal of Middle Eastern Politics and Policy
Institution:: The John F. Kennedy School of Government at Harvard University
Abstract:: ISIL recruited children through a variety of means, including abducting children from orphanages and hospitals, or offering to pay parents hundreds of dollars a month in exchange for each child’s attendance at military training. Additionally, child soldiers were often taken from particular ethnic groups or religious communities, such as Yazidis and Christians, as a means to terrorize these groups. Since the territorial collapse of ISIL began in 2017, many of these child soldiers have defected; some fled ISIL territory and are living anonymously in Europe while others returned to their home countries. Debates about how national legal systems should handle these former child soldiers have arisen in all of these jurisdictions. In Iraq, which has dealt with a particularly large number of former ISIL child soldiers, there have been concerns about the national justice system’s capacity to adequately address the prosecution and rehabilitation of ISIL’s former child soldiers.
Topic:: United Nations, Law, Children, Violent Extremism, Islamic State, Transitional Justice, Conflict, and Criminal Justice
Political Geography:: Iraq and Middle East

68. Analysis of Constitutional Changes Concerning Justice

Author:: Valeria Klymenko and Hanna Pashkova
Publication Date:: 06-2018
Content Type:: Journal Article
Journal:: National Security and Defence
Institution:: Razumkov Centre
Abstract:: Independent judiciary is an essential attribute of a democratic government and an important factor in establishing the Rule of Law. Events of the late 2013 and early 2014 confirmed the presence of serious problems in the Ukrainian judiciary. Not only it was inable to resist the arbitrary rule but also condoned and encouraged manifestations of autocracy. This objectively angered the society, which was receptive to immediate measures aimed at restoring confidence in the judiciary and the right to a fair trial. As these measures failed to deliver tangible positive results, the judiciary remained disoriented and demoralised. The need to reform the constitutional basis of the functioning of the judiciary became apparent. The Constitutional Commission established by the President of Ukraine has developed draft amendments to the Constitution (concerning justice), which on 2 June 2016 were adopted by the Parliament. Implementation of constitutional changes through necessary regulatory mechanisms was translated into action by adoption of several important laws – “On the Judiciary and the Status of Judges”, “On the High Council of Justice”, “On the Constitutional Court of Ukraine”, “On Agencies and Persons Performing Compulsory Enforcement of Court Decisions and Decisions of other Authorities”, and “On Amendments to the Commercial Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Justice of Ukraine and other Legislative Acts”. The process of implementing amendments to the Constitution concerning justice and the status of the Constitutional Court implies introduction of their provisions and legal mechanisms in the practice of establishing the judiciary bodies, appointment of judges and improvements in legal proceedings based on the new framework. The Constitutional Court, in turn, should gain genuine social recognition and respect by improving important elements of its status through exemplary adherence to its constitutional powers. In these processes, it is vital to promptly identify problems linked to inadequacy and unconstitutionality of certain provisions of the above laws, as well as the means of their application. This analytical report and all the materials presented in this publication are part of these efforts.
Topic:: Law, Public Opinion, Reform, Constitution, Justice, and Judiciary
Political Geography:: Europe and Ukraine

69. Limitations in the airspace sovereignty of states in connection with space activity

Author:: Malgorzata Polkowska
Publication Date:: 09-2018
Content Type:: Journal Article
Journal:: Security and Defence Quarterly
Institution:: War Studies University
Abstract:: The launch of the Soviet Sputnik in 1957 resulted in the emergence of two legal concepts concerning spacefl ight. The first of them concerned harmless passage through airspace subjected to the sovereignty of states, the second - recognition that at the height of the trajectory of a passage, space is no longer subject to the sovereignty of states (res omnium communis). In both cases, we are dealing with limiting the sovereignty of states. These issues have not been resolved to this day. The practice of spacefl ight has confirmed the freedom of spaceflight, although it has not resolved the issue of the upper limit of airspace. It is worth emphasising, however, that the decisive factor for the development of space law was the customary law that arose in 1957, because states did not protest and tacitly accepted the principle of a harmless flight.
Topic:: Sovereignty, Law, Space, Borders, State, and Airspace
Political Geography:: Global Focus

70. Zainab’s Murder: Heinous Crimes, Speedy Trial and the Challenge of Procedural Rights

Author:: Ali Chughtai
Publication Date:: 12-2018
Content Type:: Journal Article
Journal:: Review of Human Rights
Institution:: Society of Social Science Academics (SSSA)
Abstract:: In early 2018, a seven-year old girl, Zainab Amin, was raped and murdered in district Kasur, Punjab province, Pakistan. The cold-blooded incident shocked the people across the country. These questions included the suspect’s confession before trial, the in-camera trial being completed within four consecutive working days, the cross-examination of 56 witnesses, and the paucity of time given to the defence counsel. In this paper I argue that although such heinous offences should be awarded legally warranted punishment, the courts must ensure that the special criminal procedure does not let go the principle of due process. I take Zainab’s case as an example to see whether the principle of due process and procedural rights of the suspect were ensured as required for a fair trial. The paper puts to critical light the chronological facts of the case (as reported in the press) and relies on applied jurisprudence to underscore the potential/danger of letting go the due process and procedural rights in speedy trials.
Topic:: Crime, Law, Children, Rape, and Due Process
Political Geography:: Pakistan and South Asia

71. A World in Transition: the Rise of Populism and the Fall of Multilateralism? (Full Issue)

Author:: Emily E. Fox, Richard Aidoo, Marten Brienen, Carlos de la Torre, Alexander B. Makulilo, and Joel Martinez
Publication Date:: 04-2017
Content Type:: Journal Article
Journal:: The Journal of Diplomacy and International Relations
Institution:: School of Diplomacy and International Relations, Seton Hall University
Abstract:: For the Journal’s 19th issue, we explore modern populism across the world. Richard Aidoo looks at the landscape of anti-Chinese populism in the context of Africa’s resource scramble, while Alexander B. Makulilo takes an in depth look at the siren song of populism in Tanzania. Marten Brienen and Carlos de la Torre hone in on populism in Latin America, exploring its early 21st Century evolution and its relationship with democracy respectively. Additionally, the Journal is proud to publish an interview with Ron Boquier and Raul Castillo, both of whom are active supporters of human rights in Venezuela, a county was a harbinger of recent global populist sentiment. Outgoing editor Joel Martinez speaks with Boquier and Castillo on the roles of the United Nations and United States in helping to advance democratic reform in the country.
Topic:: International Relations, Human Rights, Politics, Natural Resources, Law, Democracy, Populism, Multilateralism, and Capital Flows
Political Geography:: Africa, China, Asia, Latin America, and Tanzania

72. Journal of Public and International Affairs 2017

Author:: Bethany Atkins, Trevor Pierce, Valentina Baiamonte, Chiara Redaelli, Hal Brewster, Vivian Chang, Lindsay Holcomb, Sarah Lohschelder, Nicolas Pose, Stephen Reimer, Namitha Sadanand, and Eustace Uzor
Publication Date:: 05-2017
Content Type:: Journal Article
Journal:: Journal of Public and International Affairs (JPIA)
Institution:: School of Public and International Affairs (SPIA), Princeton University
Abstract:: From the United States to the Switzerland, this year’s Journal draws on a diverse range of authors’ experiences and studies to analyze a varied—yet timely—set of current issues. By spotlighting topics such as climate change, voting rights, and gender issues, JPIA contributes to the debates that are occurring today. The strong use of quantitative analysis and in-depth study of resources ensures that this year’s Journal adds a select perspective to the debate that hopefully policymakers will find useful and actionable.
Topic:: Security, Climate Change, Development, Narcotics Trafficking, Law, Prisons/Penal Systems, Elections, Women, Brexit, Multilateralism, Private Sector, Carbon Tax, Carbon Emissions, and Gerrymandering
Political Geography:: Britain, Afghanistan, Africa, China, South Asia, Central Asia, Asia, and Nigeria

73. Hamstringing a Hegemon: Examining the Effectiveness of Lawfare in the South China Sea Disputes

Author:: Rodelio Cruz Manacsa
Publication Date:: 07-2017
Content Type:: Journal Article
Journal:: Fletcher Security Review
Institution:: The Fletcher School, Tufts University
Abstract:: The South China Sea is the locus of a tense political struggle for territorial control between an increasingly aggressive regional power and a host of small states and their own respective sets of allies. In such a scenario, we can expect that China, the hegemonic state, will attempt to steer the discussions towards bilateral negotiations since its power projection and military capabilities tend to carry greater leverage against weaker states when talks are conducted on a one-on-one basis. In an international system characterized by the absence of a global government, power bends the arc of contention towards the hegemon. On the other hand, small states in the region like the Philippines, Vietnam, and Brunei have a plethora of strategies and tactics for dealing with regional powers.[1] Their menu of options ranges from direct military balancing on one end and appeasing and bandwagoning on the other.[2], [3] This analysis will focus on the strategy that was chosen by the Philippines against China, which will be characterized as “lawfare.” The paper will proceed as follows: First, it will seek to define the concept of “lawfare” as a strategy and then map out the conditions under which it can succeed and fail. Second, it will apply the framework that was developed in the initial section to the conflict between China and the Philippines in the South China Sea. Finally, the consequences of lawfare use will be assessed, with the end goal of understanding how the Philippines’ victory in the Permanent Court of Arbitration (PCA) inexplicably led to reticence and bandwagoning, a case of historic success morphing into strategic retreat...
Topic:: Bilateral Relations, Territorial Disputes, Law, Negotiation, and Oceans and Seas
Political Geography:: China, Vietnam, Philippines, South China, and Brunei

74. Re-embracing the Wartime Detention Mission

Author:: Ryan J. Vogel
Publication Date:: 07-2017
Content Type:: Journal Article
Journal:: Fletcher Security Review
Institution:: The Fletcher School, Tufts University
Abstract:: President Donald Trump has made clear his intent to utilize wartime detention in the fight against al-Qaeda and ISIS. As former Deputy Assistant Secretary of Defense for Rule of Law and Detainee Policy, William Lietzau, and I have argued elsewhere, this could be a positive development in the United States’ evolving approach to the war against al-Qaeda, ISIS, and their associates, so long as it is coupled with a commitment to continuing key detention policies and humane treatment standards developed over the past fifteen years. In recent years, the United States has largely avoided adding to the detainee population at Guantanamo (GTMO) – mainly in reaction to some of the more infamous excesses from the first couple of years after the attacks on September 11, 2001. But failing to capture new enemy fighters has come with an operational and humanitarian cost. The United States should take the opportunity that comes with political transition to re-embrace the wartime detention mission.
Topic:: Government, Human Rights, Law, Prisons/Penal Systems, Al Qaeda, Islamic State, and War on Terror
Political Geography:: Middle East, Global Focus, United States of America, and Guantanamo

75. Anglers of Men: the Politics of Rescuing African Migrants in the Mediterranean Basin

Author:: Lorenzo Rinelli
Publication Date:: 12-2017
Content Type:: Journal Article
Journal:: Review of Human Rights
Institution:: Society of Social Science Academics (SSSA)
Abstract:: This article theorizes the dynamics that emerge from the intimate relationship between contemporary African migration, liquid borders, and law around the channel of Sicily, between Italy and Libya. There, in the same waters where Ulysses and Aeneas roamed for years, whose epic journeys are considered foundational within the European identity narrative, today the trajectories that migrants boats traverse are disrupting and shuffling the European geographical limits. As a response, states are enacting a policy of containment that renders African migrants’ presence at sea invisible, while criminalizing human solidarity enacted by private organizations as well as individuals. Making use of a legal discourse analysis I will dig the premises behind the antinomic concept of criminal solidarity that emerges today in Europe as a somehow coherent system of thought, shaped by laws, codes of conduct, rules, and rulings. Specifically, by analyzing the rulings of one tribunal in Sicily, I will make an attempt to expose how rigid conceptions of borders naturalize state’s efforts to define the limits of national territory, while conversely, I will consider how the micropolitics of justice are capable of shaping the contours of discourses on current migration.
Topic:: Human Rights, Migration, Law, Refugees, and Borders
Political Geography:: Africa, Europe, Libya, and Mediterranean

76. Guarantees of election rights of citizens of the Republic of Uzbekistan

Author:: Odiljon Tojiev
Publication Date:: 06-2017
Content Type:: Journal Article
Journal:: Nowa Polityka Wschodnia
Institution:: Faculty of Political Science and International Studies, Nicolaus Copernicus University in Toruń
Abstract:: According to the Law on elections of the President of the Republic of Uzbekistan the most important guarantees for adhering to and ensuring universally recognized international principles of electoral law are: • First, conducting transparent and open, free and genuine, fair elections (art. 5, Law); • Second, organization and conduct of elections of the President of the Republic of Uzbekistan by independent electoral commissions (art. 4, Law); • Third, state financing the elections of the President of the Republic of Uzbekistan and electoral campaign of candidates (art. 6, Law); • Fourth, state informational support to elections of the President of the Republic of Uzbekistan and pre-election agitation (chapter IV, Law); • Fifth, participation in elections of the President of the Republic of Uzbekistan by national, international and foreign observes (art. 5, Law); • Sixth, appealing and responsibility for violation of legislation on elections of the President of the Republic of Uzbekistan (art. 7, Law); • Seventh, taking non-discrimination measures (art. 2, Law).
Topic:: Law, Elections, Democracy, Citizenship, and Transparency
Political Geography:: Central Asia and Uzbekistan

77. Communist Secret Police Unveil the Love of a Lifetime

Author:: Bob Baker
Publication Date:: 01-2016
Content Type:: Journal Article
Journal:: American Diplomacy
Institution:: American Diplomacy
Abstract:: Supreme Court Justice Antonin Scalia came to address a national convention of Australian lawyers. I had requested a top constitutional lawyer and was delighted when Washington headquarters at the U.S. Information Agency in 1986 told me Justice Scalia would spend a week on the program I had suggested. He gave a brilliant exposition on the origins of the American Constitution at the big lawyers convention. His close interpretation of how the Constitution should be read in contemporary America was impressive. The several hundred lawyers loudly applauded his scholarly, but lively lecture.
Topic:: Diplomacy, Law, Supreme Court, and Memoir
Political Geography:: Australia, North America, and United States of America

78. Hebrew Sources in the Doctrine of the Law of Nature and Nations in Early Modern Europe

Author:: Charles Leben
Publication Date:: 01-2016
Content Type:: Journal Article
Abstract:: This article sets out to re-examine Hebrew sources in the doctrine of the law of nations of the 17th century, from Gentili’s De Jure Belli Libri Tres (although it strictly belongs to the 16th century since it was first published in 1598) to Pufendorf’s De Jure Naturae et Gentium (1672). It incontrovertibly confirms the importance of Jewish sources in the general intellectual education of the founding fathers of international law and in their general political philosophy while limiting their role with respect to the construction of international law in the strict and contemporaneous sense of the term.
Topic:: International Law, Religion, Political Theory, History, Law, and Judaism
Political Geography:: Europe and Mediterranean

79. A Storm over This Court: Law, Politics, and Supreme Court Decision Making in Brown v. Board of Education, Jeffrey D. Hockett

Author:: Sabrina Zirkel
Publication Date:: 01-2015
Content Type:: Journal Article
Journal:: Political Science Quarterly
Institution:: Academy of Political Science
Abstract:: At this 60th Anniversary of Brown v. Board of Education, Jeffrey D. Hockett offers us a new interpretation of the dilemmas, debates, and deliberations that members of the Court engaged in on their way to this decision. Hockett challenges conceptualizations of the decision in Brown as emerging purely from any one set of motives and that it can be analyzed through only one theoretical or methodological lens. Instead, he argues through painstaking review of the discussions between the justices about the case and early drafts of opinions that different justices were swayed by different arguments, took into account different considerations, and made different compromises. In short: There was no “one” road to Brown v. Board—there were potentially as many paths as there were justices. - See more at: http://www.psqonline.org/article.cfm?IDArticle=19333#sthash.mXg1UKS3.dpuf
Topic:: International Relations, Education, Politics, and Law
Political Geography:: America

80. Globalisation, the Global Financial Crisis and the State

Author:: Christopher Huszar
Publication Date:: 02-2015
Content Type:: Journal Article
Journal:: Central European University Political Science Journal
Institution:: Central European University
Abstract:: The recent financial crisis devastated financial markets the world over. The events of the crisis caused many to question the policies of the pre-crisis era, which tended towards minimizing regulation as well as many others amorphously placed under the term Washington Consensus. The text Globalisation, the Global Financial Crisis and the State , edited by John H. Farrar and David G. Mayes, professors of law and finance, respectively, focuses on the interactions between states, economic policies and laws against the backdrop of the global financial crisis. Utilizing perspectives in the fields of law, political science and economics, the twelve chapters delve into interdisciplinary arguments over the changing regulatory structure of the world and the global forces that shape the state. The authors' overarching argument is that the financial crisis marked a discursive departure from the models supported by pre financial crisis policies typified by the Washington Consensus towards a more multilateral approach symbolized by the emergence of the G-20 and more state oriented control over commercial activities.
Topic:: Economics, Markets, Financial Crisis, and Law
Political Geography:: Washington

81. The Emergence of Functionalism in International Institutional Law: Colonial Inspirations

Author:: Jan Klabbers
Publication Date:: 02-2015
Content Type:: Journal Article
Abstract:: The theory of functionalism dominates the law of international organizations, explaining why organizations have the powers they possess, why they can claim privileges and immunities, and often how they are designed as well. Yet, the theory of functionalism is rarely spelt out in any detail, and its origins have remained under-explored. The purpose of the present article is to outline how functionalism came about by focusing on the 'pre-history' of international institutional law. To that end, the article studies the work of a number of late 19th, early 20th century authors on the law of international organizations, paying particular attention to the writings of Paul Reinsch. It turns out that functionalism, as developed by Reinsch, was inspired by his familiarity with colonial administration: colonialism and international organization both manifested cooperation between states. While this is no reason to discard functionalism, it does provide an argument for viewing international organizations more critically than functionalism habitually does.
Topic:: Law

82. Lawrence O. Gostin. Global Health Law

Author:: Stéphanie Dagron
Publication Date:: 02-2015
Content Type:: Journal Article
Abstract:: Lawrence O. Gostin's new book begins with the sentence '[t]his is a unique moment to offer a systematic account of global health law' and he is right. The book under review is published at a time when the most influential international institutions are emphasizing the necessity for multilateral cooperation in the field of public health. For example, the United Nations General Assembly (UNGA) addresses this point in its current deliberations on the post-2015 Millennium Development Goals Agenda. Contemporary globalization has irrevocably made borders porous to capital, services, goods, and persons. Global social, economic, and political changes, such as increasing industrialization, urbanization, environmental degradation, migration, drug trafficking, and the marketing strategies of transnational corporations (e.g., in the food, pharmaceutical, and tobacco industries) have a significant impact on health. This impact is transnational and intersectoral: global health hazards go beyond the control of individual nation states and extend beyond the restricted field of health care.
Topic:: Economics, Health, Migration, United Nations, Food, and Law

83. Introduction to International Environmental Law

Author:: Birgit Lode
Publication Date:: 02-2015
Content Type:: Journal Article
Abstract:: Already back in 1987 the Brundtland report by the World Commission on Environment and Development stressed that '[n]ational and international law is being rapidly outdistanced by the accelerating pace and expanding scale of impacts on the ecological basis of development'. Since then international environmental law regimes have multiplied and an up-to-date introduction to the constantly evolving field of international environmental law is very welcome, not least due to the lack of equally concise alternatives in the introductory literature. Aimed at filling this gap, Timo Koivurova with his Introduction to International Environmental Law chooses an approach well suited to the student readers he primarily intends to address. The book dispenses with footnotes, tables of treaties, and a comprehensive bibliography. Instead, a manageable number of endnotes accompany each chapter, preceded by a set of questions and research tasks, and followed by suggestions for further reading and websites addressing the respective topics. Thereby, the subject matter is presented in the most general fashion possible without making concessions to the scientific nature of the book, allowing '[i]nternational environmental law and politics [to] speak for themselves' (at xix). Moreover, in order to make the information provided easily accessible and comprehensible by a broad range of readers the book includes several boxes going into more detail on, e.g., specific cases, conventions, institutions, or environmental disasters. It illustrates topics and sometimes presents them from a different angle by adding photographs and figures, clarifying essentials as well as sparking the readers' imagination.
Topic:: Environment, Politics, and Law

84. The Intersection of Statelessness and Refugee Protection in US Asylum Policy

Author:: Maryellen Fullerton
Publication Date:: 02-2015
Content Type:: Journal Article
Journal:: Journal on Migration and Human Security
Institution:: Center for Migration Studies of New York
Abstract:: More than ten million people are stateless today. In a world of nation states, they live on the margins without membership in any state, and, as a consequence, have few enforceable legal rights. Stateless individuals face gaps in protection and in many cases experience persecution that falls within the refugee paradigm. However, US asylum policy does not adequately address the myriad legal problems that confront the stateless, who have been largely invisible in the jurisprudence and academic literature. Two federal appellate court opinions shed new light on the intersection of statelessness and refugee law in the United States. In 2010, Haile v. Holder examined the asylum claim of a young man rendered stateless when the Ethiopian government issued a decree denationalizing ethnic Eritreans. In a 2011 case, Stserba v. Holder, the court reviewed an asylum claim by a woman who became stateless when the Soviet Union collapsed, and the successor state of Estonia enacted citizenship legislation that included a language requirement. This article analyzes the opinions which suggest that state action depriving residents of citizenship on ethnic and other protected grounds warrants a presumption of persecution. This article also identifies additional circumstances in which stateless individuals may have a well-founded fear of persecution that qualifies them for asylum in the United States. In addition, this article notes that although far too many stateless individuals face persecution, not all of them do. Stateless persons who do not fear persecution, however, are also vulnerable. The absence of state protection condemns them to a precarious existence and their inability to obtain passports or other travel documents often prevents their return to states where they formerly resided. The refusal of most states to admit non-citizens frequently keeps stateless persons in limbo. Stateless individuals stranded in the United States live under a supervisory patchwork that serves neither their interests nor those of the United States. Rather than relying on incremental case law developments and inapposite regulatory schemes, the US State Department and the Department of Homeland Security should convene a task force to report on the size and composition of the stateless population in the United States and the need to develop legislative, regulatory, and other policy guidance concerning statelessness claims.
Topic:: Law
Political Geography:: United States

85. The Future of Religious Freedom: Global Challenges

Author:: Erdem Dikici
Publication Date:: 05-2015
Content Type:: Journal Article
Journal:: Insight Turkey
Institution:: SETA Foundation for Political, Economic and Social Research
Abstract:: Recently, there has been a growing body of literature on the multifaceted relationship between religion, politics and security in both national and global contexts, with a special emphasis on church-state relations and/or secularism. Various aspects and influences of religion on a variety of thematic issues occupy columns, journals and books. However, one might argue that the same does not apply for the study of religious freedom. The violation of religious freedom is a phenomenon that has been observed not only under authoritarian regimes or Third World countries, but also in democratic and so-called civilized nations. Authoritarian regimes, restrictive state policies, intolerant and hostile societies as well as security-oriented (inter)national political legitimations have tried to control, restrict or suppress the rights of religious groups and minorities and religion per se in the public sphere. In The Future of Religious Freedom, the different reasons for controlling religion through restrictive laws and policies are elaborated from a variety of perspectives.
Topic:: Security, Politics, and Law

86. An Excerpt from the Upcoming Book - Borderless Wars: Civil-Military Disorder and Legal Uncertainty

Author:: Antonia Chayes
Publication Date:: 08-2015
Content Type:: Journal Article
Journal:: Fletcher Security Review
Institution:: The Fletcher School, Tufts University
Abstract:: Drones. Global data networks. The rise, and eventual primacy, of non-international armed conflict. All things the framers of the Geneva Conventions could have never fully conceived when doing their noble work in 1949; all things that rule warfare in the world today. So, how do we legally employ these new tools in these new circumstances? In her latest book, Antonia Chayes, former Under Secretary of the Air Force, explores the current legal underpinnings of counterinsurgency, counterterrorism, and cyber warfare, rooting out the ambiguities present within each realm, and telling the narrative of how these ambiguities have come to shape international security today. The grounded and creative solutions that she offers in terms of role definition and transparency will provide crucial guidance as the United States continues to navigate the murky modern military-legal landscape. This excerpt is a chapter from Borderless Wars: Civil-Military Disorder and Legal Uncertainty forthcoming in 2016 from Cambridge University Press.
Topic:: International Law, Counterinsurgency, Law, Military Affairs, Counter-terrorism, Drones, Conflict, Borders, and Law of Armed Conflict
Political Geography:: Afghanistan, Iraq, Global Focus, and United States of America

87. Law, Rights, and the Colonial Administrative System: A Critical Note on the Frontier Crimes Regulation (1901) in the FATA, Pakistan

Author:: Noreen Naseer
Publication Date:: 12-2015
Content Type:: Journal Article
Journal:: Review of Human Rights
Institution:: Society of Social Science Academics (SSSA)
Abstract:: With these regulations, the colonial administration consolidated the long-term basis of their power and institutionalised an oppressive administrative-judicial system. For this purpose they also engaged local elites and customs. The administrative-judicial system introduced on the Northwestern border was different from the criminal and civil laws introduced elsewhere in British India. In 1947, when British colonial governance ended and the tribal areas became part of Pakistan, the oppressive colonial system of the Frontier Crimes Regulation (FCR) continued. It is still in force to the present day. In this article, I discuss the control structure of the administrative-judicial system that was imposed through these crime regulations in the FATA. I argue that these regulations are against fundamental rights prescribed in Pakistan’s Constitution of 1973 and the UN Human Rights Charter. I also highlight the plight of tribal people suffering politically, socially, and economically due to these undemocratic and discriminatory regulations, which are unduly unjustified and defended by a group of people with vested interests.
Topic:: Crime, Human Rights, History, Law, and Regulation
Political Geography:: Pakistan and South Asia

88. WTO 'a la carte' or 'menu du jour'? Assessing the Case for More Plurilateral Agreements

Author:: Bernard M. Hoekman and Petros C. Mavroidis
Publication Date:: 04-2015
Content Type:: Journal Article
Abstract:: Plurilateral agreements in the context of the World Trade Organization (WTO) allow sub-sets of countries to agree to commitments in specific policy areas that only apply to signatories and thus allow for ‘variable geometry’ in the WTO. Plurilateral agreements share a number of features with preferential trade agreements (PTAs), which are increasingly used by governments to liberalize trade in goods and services. This article discusses the current institutional framework that governs these two alternatives and distinguishes them from the general, non-discriminatory agreements that are negotiated among – and apply to – all WTO members. Current WTO rules make it much more difficult to pursue the plurilateral route than to negotiate a PTA. We review the arguments for and against making it easier for ‘issue-specific’ clubs to form in the WTO and discuss how concerns raised by some WTO members regarding the potential negative impact of plurilateral agreements on the multilateral trading system might be addressed. We take the view that action to facilitate the negotiation of plurilateral agreements in the WTO should be considered and that the potential downsides for the multilateral trading system can be managed.
Topic:: Economics, Political Economy, World Trade Organization, and Law
Political Geography:: Europe and Italy

89. The Hybrid Legal-Scientific Dynamic of Transnational Scientific Institutions

Author:: Oren Perez
Publication Date:: 04-2015
Content Type:: Journal Article
Abstract:: The objective of the present article is to develop a better understanding of the institutional dynamic of transnational regulatory scientific institutions (RSIs). RSIs play a significant role in the transnational regulatory process by mediating between the scientific community and policy-making bodies. I argue that RSIs have a hybrid structure involving both political-legal and epistemic authority. The hybrid structure of RSIs – their capacity to exert both normative and epistemic authority – constitutes an innovative response to the demand of modern society for scientific certainty and to the scarcity of normative power in the international domain. This hybrid nature has a triple structure involving three complementary pairs: law~science, law~non-law and science~pseudoscience. I examine the way in which RSIs cope with the challenge of maintaining their epistemic and legal authority against the tensions generated by their hybrid structure. The discussion of hybrid authority is related to the problem of scientific uncertainty. I examine this theoretical argument drawing on an in-depth analysis of three RSIs that reflect the institutional diversity of the RSI network: the Intergovernmental Panel on Climate Change, the International Commission on Non-Ionizing Radiation Protection and the European Committee of Homeopaths. I conclude with a discussion of some of the policy issues associated with the institutional design of RSIs. The policy discussion refers, first, to the risk posed by RSIs’ hybrid structure to their internal stability and, second, to some potential adverse social impacts that need to be considered alongside RSIs’ projected benefits.
Topic:: International Law, Science and Technology, Law, and Regulation
Political Geography:: Europe and Italy

90. Determining Customary International Law: The ICJ's Methodology between Induction, Deduction and Assertion

Author:: Stefan Talmon
Publication Date:: 04-2015
Content Type:: Journal Article
Abstract:: Methodology is probably not the strong point of the International Court of Justice or, indeed, of international law in general. Unlike its approach to methods of treaty interpretation, the Court has hardly ever stated its methodology for determining the existence, content and scope of the rules of customary international law that it applies. There are only isolated references in the Court’s jurisprudence to the inductive and deductive method of law determination. It is not only the Court itself that has largely remained silent on its methodology for the determination of customary international law, but the legal literature also has had little to say on this subject. In view of the fact that determining the law has also always meant developing, and ultimately creating, the law it is surprising that the question of the Court’s methodology has attracted such little interest. This article aims to refocus attention on the methodology used by the Court when determining the rules of customary international law that it applies, and it highlights the role played by methodology in the development of customary international law. It starts by defining the terms ‘induction’ and ‘deduction’ and examining their use by the Court. It then explores the situations in which the Court uses inductive and deductive reasoning, the different forms and functions of deduction and the relationship between the two methods. The article challenges the various theories distinguishing between inductive and deductive custom and demonstrates that the main method employed by the Court is neither induction nor deduction but, rather, assertion.
Topic:: International Law, Law, Legal Theory, and Courts
Political Geography:: Europe and The Hague

91. Reconceptualizing Implementation: The Judicialization of the Execution of the European Court of Human Rights Judgments

Author:: Helen Keller and Cedric Marti
Publication Date:: 10-2015
Content Type:: Journal Article
Abstract:: This article proposes a shift of perspective concerning the implementation of European Court of Human Rights (ECtHR) judgments. Acknowledging that implementation of the Court’s judgments is primarily of a political and domestic nature, the authors argue that the process has become increasingly internationalized and judicialized by the ECtHR in recent years. Taking a broad, three-tiered perspective that distinguishes between the pre-judgment stage, the judgment itself and the post-judgment stage, the authors analyse the means by which the ECtHR has engaged in implementation of its judgments and explore the benefits of judicialization in this area to secure a key aspect in guaranteeing effective protection and the long-term future of the European Convention on Human Rights system, namely full and timely judgment compliance.
Topic:: Human Rights, International Law, Law, and Courts
Political Geography:: Europe and France

92. Saving the Scarecrow

Author:: André Nollkaemper
Publication Date:: 10-2015
Content Type:: Journal Article
Abstract:: This brief Comment responds to Jan Klabbers’ recent article, ‘The Transformation of International Organizations Law’. It focuses on three points: the polemical style and disengagement with substance in the article; the question of whether we can do without some form of functionalism; and the further question of what it means to speak of ‘responsibility beyond functionalism’.
Topic:: International Law, International Organization, Law, and Critique
Political Geography:: Europe and Global Focus

93. Journal of Public and International Affairs 2014

Author:: Daphne McCurdy, Chikara Onda, Aaron Aitken, Lucia Adriana Baltazar Vazquez, John Paul Bumpus, John Speed Meyers, Pierina Ana Sanchez, Yolaine Frossard de Saugy, Melanie Harris, Steve Moilanen, Stephen Pritchard, Nicolas Collin dit de Montesson, and Naomi Crowther
Publication Date:: 05-2014
Content Type:: Journal Article
Journal:: Journal of Public and International Affairs (JPIA)
Institution:: School of Public and International Affairs (SPIA), Princeton University
Abstract:: From pressing foreign policy issues such as territorial disputes in the South China Sea and homicide rates in Honduras to contentious domestic policy debates such as the rights of Mexican immigrants in the United States and the construction of the Keystone pipeline, the topics in this year’s journal are wide-ranging in both functional and geographic focus. However, they all share a strong commitment to seeking solutions to the world’s most serious challenges through sound policy.
Topic:: Crime, Government, Oil, Poverty, Sovereignty, Bilateral Relations, Territorial Disputes, Foreign Aid, Immigration, Governance, Law, Cybersecurity, and Grand Strategy
Political Geography:: Africa, China, Iran, Canada, Philippines, Mexico, Honduras, United States of America, and South China Sea

94. Ergenekon: An Illegitimate Form of Government

Author:: Markar Esayan
Publication Date:: 02-2014
Content Type:: Journal Article
Journal:: Insight Turkey
Institution:: SETA Foundation for Political, Economic and Social Research
Abstract:: On August 5th, 2013, an Istanbul court reached its verdict in the Ergenekon coup plot trial, handing down various prison sentences to 247 defendants, including the former Chief of Military Staff and several high-ranking members of the military's command. Although the Supreme Court of Appeals has yet to make a final decision on the 6-year legal battle, the Ergenekon trial has already become part of the country's history as a sign that anti-democratic forces, many of whom date back to the final years of the Ottoman Empire, no longer have free reign. Notwithstanding its limited scope and other shortcomings, the court's decision marks but a humble beginning for Turkey's acknowledgement of the dark chapters in its history, as well as a challenging struggle to replace the laws of rulers with the rule of law.
Topic:: Government and Law
Political Geography:: Turkey

95. Book reviews on drug trafficking and the law in Central America, China's silent conquest and Afro-Mexican identity.

Author:: Jose Luis Leon-Manriquez and Nnenna M. Ozobia
Publication Date:: 03-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: Central America is receiving more attention in the U.S. news media and from the U.S. government than at any time since the region's civil wars and domestic insurgencies three decades ago. Unfortunately, the attention is negative. The focus has shifted from the 1980s Cold War battles of President Ronald Reagan's administration to the violence associated with organized crime, drug cartels and street gangs (maras). In Drug Trafficking and the Law in Central America: Bribes, Bullets, and Intimidation, Julie Marie Bunck and Michael Ross Fowler—professors of political science at the University of Louisville—provide those interested in Central America, the drug trade and U.S. foreign assistance in the region with an invaluable tool for understanding the causes and implications of drug trafficking through an analysis of what they term the “bridge countries” of Belize, Costa Rica, Guatemala, Honduras, and Panama. The authors intentionally do not include Mexico, which they argue (correctly) involves a different dynamic both in terms of the strength or weakness of the state, and the nature of the drug trade.
Topic:: Law
Political Geography:: China and Central America

96. Noah Davis and Juan C. Cappello debate: Does FIFA's corruption hurt the beautiful game?

Author:: Juan C. Cappello and Noah Davis
Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: The series of scandals have not only tainted FIFA, but undermined trust in the game as well. BY NOAH DAVIS Does FIFA's corruption hurt the beautiful game? Yes FIFA, international soccer's governing body, is corrupt. The degree of corruption may be debatable, but its existence at the highest levels is not. Over the past three years, at least a dozen of the organization's 24 Executive Committee (ExCo) members have been accused of serious improprieties stemming from bribes, illegal ticket sales and other scandals. While Sepp Blatter, FIFA's president since 1998, has escaped punishment—so far, at least—many of his colleagues have fallen or resigned. The endemic corruption not only compromises the quality of play on the field, but reduces fan support of the sport and tarnishes the beauty of the beautiful game. For example, Jack Warner, the president of the Confederation of North, Central American and Caribbean Association Football (CONCACAF), resigned in 2011 after facing numerous corruption and bribery charges. In 2006, FIFA's Ethics Committee censured Warner after an audit revealed he made at least $1 million illegally selling World Cup tickets. Warner's deputy, CONCACAF General Secretary Chuck Blazer, earned the nickname “Mr. 10 Percent” for his rumored skimming on deals and was suspended for “fraudulent” behavior in 2013.
Topic:: Corruption, Governance, and Law
Political Geography:: South America and England

97. LGBT and women's rights in Argentina — Providing credit-worthiness online — Promoting political debate in Cuba — "Old Media" in the digital age

Publication Date:: 04-2014
Content Type:: Journal Article
Journal:: Americas Quarterly
Institution:: Council of the Americas
Abstract:: Politics Innovator: María Rachid, Argentina María Rachid never wanted to become a politician. But she is responsible for some of the most important human rights bills in Argentina's recent history, including the 2010 Marriage Equality Law, which legalized same-sex marriage, and the 2012 Gender Identity Law, which allows transgender people to change gender identity on official documents without prior approval. The 38-year-old has served in the Buenos Aires city legislature since 2011 for the governing Frente Para La Victoria (Front for Victory) coalition. A former vice president of Argentina's Instituto Nacional contra la Discriminación, la Xenofobia y el Racismo (National Institute Against Discrimination, Xenophobia and Racism—INADI), Rachid is a long time social activist who didn't always see party politics as the best way to accomplish change. “I never thought I would become a legislator,” she says, though she adds that she was always interested in politics “as a tool to construct a more just society.” Born and raised in Buenos Aires province, Rachid came out as a lesbian as an adult—around the same time that she came of age as a political activist, having left her law studies at the University of Belgrano to focus on a new career as an activist for women's rights and sexual liberation.
Topic:: Government, Politics, and Law
Political Geography:: United States, Argentina, Colombia, and Cuba

98. Who Are Atrocity's "Real" Perpetrators, Who Its "True" Victims and Beneficiaries?

Author:: Mark Osiel
Publication Date:: 09-2014
Content Type:: Journal Article
Abstract:: Modern law's response to mass atrocities vacillates equivocally in how it understands thedramatis personae to these expansive tragedies, at once extraordinary and ubiquitous. Is there any principled order to this? If not, should we care?
Topic:: Genocide and Law
Political Geography:: Yugoslavia, Serbia, and Balkans

99. Private Enforcement of European Union Competition Law

Author:: Federico Casolari
Publication Date:: 09-2014
Content Type:: Journal Article
Journal:: The International Spectator
Institution:: Istituto Affari Internazionali
Abstract:: Review of: Competition Damages Actions in the EU: Law and Practice, by David Ashton and David Henry, Edward Elgar, 2013
Topic:: Law
Political Geography:: Europe

100. Sovereignty at sea: the law and politics of saving lives in mare liberum

Author:: Thomas Gammeltoft-Hansen and Tanja E. Aalberts
Publication Date:: 10-2014
Content Type:: Journal Article
Journal:: Journal of International Relations and Development
Institution:: Central and East European International Studies Association
Abstract:: This article analyses the interplay between politics and law in the recent attempts to strengthen the humanitarian commitment to saving lives in mare liberum. Despite a long-standing obligation to aid people in distress at sea, this so-called search and rescue regime has been marred by conflicts and political standoffs as states were faced with a growing number of capsising boat migrants potentially claiming international protection once on dry land. Attempts to provide a legal solution to these problems have resulted in a re-spatialisation of the high seas, extending the states' obligations in the international public domain based on geography rather than traditional functionalist principles that operated in the open seas. However, inadvertently, this further legalisation has equally enabled states to instrumentalise law to barter off and deconstruct responsibility by reference to traditional norms of sovereignty and maritime law. In other words, states may be able to reclaim sovereign power by becoming increasingly norm-savvy and successfully navigating the legal playing field provided by the very expansion of international law itself. Thus, rather than being simply a space of non-sovereignty per se, mare liberum becomes the venue for a complex game of sovereignty, law and politics.
Topic:: Politics, Sovereignty, and Law

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COLUMBIA UNIVERSITY PRESS