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1052. The Limits of Legality and the United Nations Security Council: Applying the Extra-Legal Measures Model to Chapter VII Action
- Author:
- Devon Whittle
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- The United Nations Security Council (UNSC) is, in many ways, a unique institution. It exercises legislative, judicial and executive powers; operates with few legally binding checks and balances and has even been described as being ‘unbound by law’. The Council has broad powers to maintain international peace and security, most notably under Chapter VII of the UN Charter, and its decisions are binding on UN members. At the same time, some of the Council’s actions have been labelled as ultra vires and the lack of a binding, legal oversight mechanism to reign in Council action has been decried. Accepting that there is a difficulty in imposing legally binding checks and balances on the UNSC, this article argues that approaching the Council’s Chapter VII powers as a form of emergency powers may help to illuminate the role that non-legal restraints can play in curbing its power. In particular, this article uses Oren Gross’ ‘extra-legal measures model’ to conceptualize the Chapter VII regime and restraints upon it. It shows how the extra-legal measures model offers a descriptive account of UNSC action under Chapter VII and then builds on the gaps in the application of the model to the Council to highlight areas for the development of better restraints, in particular, in areas that may be missed by a traditional legal analysis.
- Topic:
- International Law, United Nations, International Security, and Peacekeeping
- Political Geography:
- Europe and United Nations
1053. Applying the Extra-Legal Measures Model to Humanitarian Interventions: A Reply to Devon Whittle
- Author:
- Oren Gross
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- In ‘The Limits of Legality and the United Nations Security Council: Applying the Extra-Legal Measures Model to Chapter VII Action’, Devon Whittle analogizes the United Nations Security Council’s Chapter VII powers to domestic emergency powers. He then seeks to apply the extra-legal measures (ELM) model of emergency powers, which I developed some 20 years ago, to exercise by the Council of its Chapter VII powers. This brief comment seeks to expand the discussion of ELM in international affairs beyond the collective security system by exploring the application of ELM in the setting of unilateral humanitarian intervention.
- Topic:
- International Law, Treaties and Agreements, United Nations, International Security, and Humanitarian Intervention
- Political Geography:
- Europe, Kosovo, United Nations, and Syria
1054. Title to Territory in the Post-Colonial Era: Original Title and Terra Nullius in the ICJ Judgments on Cases Concerning Ligitan/Sipadan (2002) and Pedra Branca (2008)
- Author:
- Sookyeon Huh
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- This article approaches two International Court of Justice judgments on the cases concerning Ligitan/Sipadan (2002) and Pedra Branca (2008) from the perspective of the law of territory in the post-colonial context, showing that the Court managed to free the concepts of ‘original title’ from ‘terra nullius’. It is prefatorily explained that the concepts of ‘original title’ and ‘terra nullius’, which operate in combination, had both functioned as bases for the traditional law of territory and as unilateral justification for colonization by European powers. By contrast, analysis of the two recent judgments illustrates that the Court contrived to separate the two concepts from the context of colonialism by avoiding the determination of the islands as ‘terra nullius’ and expanding the concept of ‘original title’ while preserving the existing framework of law of territory. The problem is presented with a caveat, however; overemphasizing the significance of ‘original title’ in the post-colonial context might lead to disregard for the foundations of title to territory, that is effective control of territory and its legitimizing logic, on which the territorial order of today’s international society is based.
- Topic:
- International Law, Post Colonialism, Territorial Disputes, and Courts
- Political Geography:
- Europe, Indonesia, Malaysia, and Singapore
1055. How Should States Own? Heinisch v. Germany and the Emergence of Human Rights-Sensitive State Ownership Function
- Author:
- Mikko Rajavuori
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- State ownership is thriving. Emerging economies are extending their growing economic power outward through sovereign wealth funds. State-owned multinationals have become top sources of foreign direct investment. Bailouts have recreated powerful state ownership structures in regions where private ownership has traditionally prevailed. The state is back – in shareholder capacity. Approaching the rise of state ownership from a human rights perspective, this article submits that a new conceptualization of state ownership function is emerging. State ownership provides a strong link connecting corporate actions with the international human rights system. Yet the conventional methods used to integrate state ownership in human rights treaty bodies’ discretion seem unable to grasp the changing economic role of governments in the global economy. The article suggests that the notion of the ‘public shareholder’, introduced by the European Court of Human Rights in Heinisch v. Germany (2011), provides a useful lens for interrogating how states should govern the human rights performance of corporations through ownership. When exposed to the recent practice of a range of United Nations treaty bodies, internationalizing state ownership activity becomes framed in human rights terms. In this vision, the whole ownership function becomes a site for turning companies in the state’s portfolio into responsible corporate citizens who take the impact of human rights seriously. Specifically, treaty bodies should advise states to seek human rights governance through private mechanisms in the capacity of the shareholder. In the process, human rights’ checks and balances should constitute a counterweight for market-based initiatives that regulate state activity in the capacity of the shareholder.
- Topic:
- Human Rights, International Law, Treaties and Agreements, Foreign Direct Investment, Economies, and Courts
- Political Geography:
- Europe, Norway, and Germany
1056. The International Civil Servant in Theory and Practice: Law, Morality, and Expertise. Review of Carsten Stahn and Henning Melber (eds). Peace Diplomacy, Global Justice and International Agency: Rethinking Human Security and Ethics in the Spirit of Dag Hammarskjöld; Roger Lipsey. Hammarskjöld: A Life; Lise Namikas. Battleground Africa: Cold War in the Congo, 1960–1965; Anne Orford. International Authority and the Responsibility to Protect
- Author:
- Guy Fiti Sinclair
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- Reflecting upon the ambiguous relationship between international civil servants and international law in both theory and practice, this review essay examines several recent books that address the life and legacy of Dag Hammarskjöld, the second Secretary-General of the United Nations. Drawing upon recent theoretical work regarding international organizations, the essay argues that the authority of international civil servants should be understood as operating through three distinct yet interconnected modalities of discourse and practice: legal, moral and expert. Moreover, a comprehensive account of the authority exercised by international civil servants must take account of how they respond to any tensions that arise between their bases of authority as well as of their shifting relations with other ‘global governors’. The essay considers the depiction of Hammarskjöld by each of the books under review, highlighting the sometimes overlooked interconnections between the different sources of authority upon which he drew and suggesting some starting points for an alternative, integrated account of his thought and practice.
- Topic:
- Civil Society, Diplomacy, International Law, International Organization, and Humanitarian Intervention
- Political Geography:
- Africa and Europe
1057. Gregory Shaffer (ed.). Transnational Legal Ordering and State Change , Terence C. Halliday, Gregory Shaffer (eds). Transnational Legal Orders
- Author:
- Lars Viellechner
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- The two collections fill a major gap in law and globalization scholarship. In rich detail, they supply empirical material on the current transformation of law that has long been sought after. The studies in the first volume stand out in particular as they employ methods of empirical social research and focus on change in non-Western countries. From this material, other researchers will greatly benefit in the years to come. At the same time, the two volumes add a highly convincing conceptual approach to the field. Indeed, their guiding category of the transnational is very promising in contrast to many others proposed for similar purposes. As the editors properly assert, it best expresses that most patterns of order neither reach out globally nor circumvent the state. Indeed, the recursive interaction of different levels of order appears to be one of the dominating modes of law production today, which is well captured by the term. Nevertheless, some obscurity and doubt about the conceptions of transnational legal ordering and order remain.
- Topic:
- Globalization, International Law, Sociology, and Legal Theory
- Political Geography:
- Europe, Asia, and North America
1058. Isabelle Ley. Opposition im Völkerrecht: Ein Beitrag zur Legitimation internationaler Rechtserzeugung [Opposition in International Law: A Contribution to the Legitimation of International Law-Making]
- Author:
- Jan Klabbers
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- Isabelle Ley, in her exemplary dissertation defended at Humboldt University, takes the emergence of regulatory international law as her starting point and aims to investigate how its democratic legitimacy could be enhanced. For her, democracy is not just a matter of particular institutions or practices but, rather, of open and possibly oppositional politics. Building on the work of Claude Lefort and, in particular, Hannah Arendt, she develops a framework for discussing democracy in international law conceptualized as the possibility for opposition. A democratic polity is one where every participant has the possibility of helping to take care of the common world, as Arendt might have put it, and presupposes open politics. This politics is, so to speak, politics for the sake of politics or politics in the Olympic spirit: what matters is not so much winning but taking part; what matters is not so much which policies will be adopted but the political process itself. Following Aristotle, taking part in public affairs is viewed as the most salient manifestation of human excellence: man being a political animal, he can do no better than take part in the political process – this is where individual happiness is achieved and, therewith, the ultimate justification of democracy.
- Topic:
- International Law, International Organization, Political Theory, and Democracy
- Political Geography:
- Europe and Germany
1059. Michael Fakhri. Sugar and the Making of International Trade Law
- Author:
- Anna Chadwick
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- Michael Fakhri in his book Sugar and the Making of International Law takes inspiration from Antony Anghie, a scholar who famously disrupted prevalent conceptions of public international law. Using sugar as a ‘trace element’, Fakhri follows Anghie’s lead in retracing the historical origins of international trade law in order to challenge pervasive perceptions about this legal regime. What he is keen to demonstrate is that free trade, like state sovereignty, is not something that international institutions are merely officiating. Rather, the meaning of this concept has shifted over time as it has been applied by different institutions and actors within the international legal order to differential effect. It has been both conditioned by, and received the conditioning of, broader political, economic and social forces. Critically, it is as much the product of international institutions governing trade as it is their purpose.
- Topic:
- Agriculture, Imperialism, International Law, International Trade and Finance, History, World Trade Organization, and Economy
- Political Geography:
- Britain, Europe, and Global Focus
1060. Mark Toufayan, Emmanuelle Tourme-Jouannet, Hélène Ruiz Fabri (eds). Droit international et nouvelles approches sur le tiers-monde: entre répétition et renouveau [International Law and New Approaches to the Third World: Between Repetition and Renewal]
- Author:
- Makane Moïse Mbengue
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- The volume under review publishes the proceedings of a colloquium held at the University of Paris in July 2010. The aim of this colloquium was to fill a lacuna that characterizes the contemporary francophone international legal scholarship. Indeed, as noted by the editors in their foreword to the book, after a prolific period during the 1970s and 1980s, French and francophone scholars have gradually lost interest in Third World-related issues and ignored this topic in their research and teachings. This trend is regrettable and unfortunate because despite some progress and improvements, international relations are still marked by significant inequalities and disparities between rich and poor countries, while several regions of the world remain in a situation of extreme poverty. Therefore, there is an urgent need to renew and revive the reflection of French-speaking international lawyers on their discipline by inciting them to critically question the present existence and effects of the rules of international law relating to the Third World in the current globalized context. To achieve this goal, Mark Toufayan, Emmanuelle TourmeJouannet and Hélène Ruiz Fabri had the idea of bringing together, in Paris, francophone and anglophone scholars and prominent representatives of the critical Third World Approaches to International Law (TWAIL). TWAIL scholars were invited to expose their ideas and thoughts, and their French-speaking counterparts were asked to react and comment on these thoughts.
- Topic:
- Development, Human Rights, Imperialism, International Law, Post Colonialism, Third World, and History
- Political Geography:
- China, Europe, France, South Africa, and Chile
1061. Evelyne Schmid. Taking Economic, Social and Cultural Rights Seriously in International Criminal Law
- Author:
- Mara Tignino
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- Evelyne Schmid’s new book, Taking Economic, Social and Cultural Rights Seriously in International Criminal Law, aims to provide a bridge between developing practice and existing knowledge. At the heart of her book lies the question of how, or to what extent, violations of ESCR are addressed in international criminal proceedings and transitional justice mechanisms. She criticizes the current marginalization of ESCR abuses in scholarship on international criminal law and bemoans the reality that ‘efforts to address the legacy of widespread human rights abuses display a bias towards civil and political rights’. While some have argued for an expansion of international criminal law to account more directly for violations of ESCR, Schmid claims such an expansion is unnecessary; in her view, such violations already fall within the scope of international crimes.
- Topic:
- Genocide, Human Rights, International Law, United Nations, War Crimes, Courts, and Transitional Justice
- Political Geography:
- Europe, North Korea, Cambodia, United Nations, and Myanmar
1062. Lauri Mälksoo. Russian Approaches to International Law
- Author:
- Angelika Nussberger
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- Modern international law of the 21st century seems to be characterized by a farewell to the Westphalian understanding of state sovereignty, by the empowerment of the individual and by transnational solutions to common problems in a globalized world. This overview, however, is not true for Russian international law. The ‘powerful idea of Russia’s civilizational distinctness from the West’ is underlying the post-Soviet practice in international law (at 190). This is the main thesis of Lauri Mälksoo’s study on ‘Russian approaches to international law’. Russia was different, Russia is different and Russia is proud of being different.
- Topic:
- International Law, Sovereignty, United Nations, History, and Intellectual History
- Political Geography:
- Russia, Europe, and Crimea
1063. Her Whorl
- Author:
- Laura Coyne
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- A poem by Laura Coyne, originally written to celebrate the launch of The Women's Worldwide Web.
- Topic:
- Women
- Political Geography:
- Europe and Global Focus
1064. Humanity Considerations Cannot Reduce Wars Hazards Alone: Revitalizing the Concept of Military Necessity
- Author:
- Yishai Beer
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- The exercise of brute force by militaries, though common, reflects professional incompetency. A well-trained military has an inherent interest in enhancing its operational effectiveness and constraining unnecessary brutality. The law of armed conflict, however, generally ignores the constraining effect of the necessity principle, originally intended to allow only the minimally necessary use of force on the battlefield. Consequently, the prevailing law places the burden of restricting the exercise of brute military force upon humanitarian considerations (and the specific norms derived from them). Humanity alone, however, cannot deliver the goods and substantially reduce war’s hazards. This article challenges the current dichotomy between the two pillars – mistakenly assumed to be polar opposites – of the law of armed conflict: necessity and humanity. It calls for the transformation of the military’s self-imposed professional constraining standards into a revised legal standard of necessity. Though the necessity principle justifies the mere use of lethal force, it should not only facilitate wielding the military sword but also function simultaneously as a shield, protecting combatants and non-combatants alike from excessive brutality. The suggested transformation would bind and restrain the prospective exercisers of excessive force, political and military alike, and restrict the potential damage that might be caused both intentionally (to combatants) and collaterally (to non-combatants). The combined effect of the current changes in war’s pattern and the law of armed conflict, in the military and social thinking of recent decades, and the new strategies available due to the development of new military technologies have all created a new war environment – one that may be ready to leverage the constraining potential of military professionalism into a binding legal standard and norms.
- Topic:
- Conflict Prevention, International Law, Treaties and Agreements, and War
- Political Geography:
- Russia, United States, and Europe
1065. 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
1066. Bridging Comparative and International Law: Amicus Curiae Participation as a Vertical Legal Transplant
- Author:
- Anna Dolidze
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- Legal transplants scholarship has thoroughly examined the transnational diffusion of legal institutions. Although Article 38 of the Statute of the International Court of Justice acknowledges that international law draws upon domestic legal systems, the exchange of legal institutions between states and international law has yet to receive similar treatment. This article highlights the process of vertical diffusion – that is, the borrowing of legal institutions between the nation-state and international law. Vertical diffusion takes place in two forms: downward and upward diffusion. Scholarship on the internalization and vernacularization of international law has highlighted the process of downward diffusion. This article offers a theory of internationalization of law and the emergence of internationalized legal transplants. It draws on a study of the internationalization of the amicus curiae participation procedure from the United Kingdom to the European Court of Human Rights. Three main conditions must be present for internationalization: the institution’s structural transformation that results in a law-making opportunity, norm entrepreneurs, and access to the decision-making body. The study of internationalized legal transplants is important to have a more fine-grained perspective on the making of international law. The evidence of the diffusion of legal institutions between domestic law and international law also creates a bridge between international law and comparative law scholarship.
- Topic:
- Human Rights, International Law, Legal Theory, and Courts
- Political Geography:
- United Kingdom, Europe, and France
1067. Anti-Discrimination Exceptionalism: Racist Violence before the ECtHR and the Holocaust Prism
- Author:
- Ruth Rubio-Marín and Mathias Möschel
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- Over the past years, the European Court of Human Rights has significantly developed and strengthened its Article 14 non-discrimination jurisprudence, including in a number of ground-breaking international law cases establishing increased state responsibility with regard to ethnic segregation in education and gender violence. However, in the type of cases that constitute a large part of its non-discrimination case load, namely physical violence against racial minorities, the Court has so far failed to adequately address Article 14 discrimination claims raised by the victims. We posit that this could be caused in part by what we call the ‘Holocaust Prism’. Put briefly, the experience of the Holocaust has shaped the manner in which continental European courts understand racism and race discrimination, at least (or especially) when it is combined with violence. Paradoxically, this entails that in the most heinous cases of race discrimination, the discrimination threshold is raised to the level of criminal conduct. Moreover, to the extent that it is, only the ethnic dimension of such discrimination is foregrounded even in cases that present obvious intersectional (for example, ethnicity plus gender) dimensions. We exemplify this phenomenon by discussing recent case law on forced sterilization of Roma women and argue that the Court should become aware of this issue, recognize intersectional discrimination and align its case law on racist violence with the discrimination doctrine emerging in its gender violence and educational race segregation cases, both for the sake of internal consistency and to better capture the structural nature of racial discrimination in Europe.
- Topic:
- International Law, Ethnicity, Gender Based Violence, Holocaust, Roma, and Discrimination
- Political Geography:
- Europe and Czech Republic
1068. Letting Lotus Bloom
- Author:
- Ann Hertogen
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- In an increasingly interdependent world, state sovereignty is inherently limited in order to protect the equal sovereignty of other states. However, identifying the precise constraints on states is a different and far more difficult question. The traditional answer is found in the Lotus principle, which consecrates a freedom to act unless explicitly prohibited by international law. The principle has rightly come under attack because of its incompatibility with the needs of a modern international community. This is usually followed by calls to disregard the precedential value of the Permanent Court of International Justice’s Lotus judgment on which it is based. This article defends the Lotus judgment but argues that the principle is the wrong reading of the majority opinion and that it fails to create the right conditions for interstate co-existence and cooperation, the twin goals of international law identified by the majority. The article then examines the meaning of ‘co-existence’ for contemporary international law and weighs the principle of ‘locality’ as an additional criterion that ought to be considered when resolving conflicting claims of jurisdiction.
- Topic:
- International Law, Sovereignty, International Affairs, and Courts
- Political Geography:
- Europe, Turkey, and France
1069. The International Legal Status of the Vatican/Holy See Complex
- Author:
- John R. Morss
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This article offers a re-examination of the international legal status of what is here termed the Vatican/Holy See complex (VHS), focusing on claims to statehood. The problematic ‘effect’ of Vatican City, of the Holy See, of the papacy and of associated entities is interrogated at the level of international law, entering as little as possible into administrative or theological distinctions. The various grounds cited as supporting status amounting to statehood are argued to be inadequate. The continuing exchange of representatives with states by the VHS is missionary and hierarchical in character and is reflective neither of the reciprocity of peers nor of customary obligation going to law. Agreements entered into by the papacy with the Kingdom of Italy (the Lateran Pacts) in 1929, relating to the status of the geographical territory known as Vatican City, cannot be determinative of international status. Nor can membership of international agreements and organizations confer a status amounting to statehood. Events and practices since 1929 have not substantially altered international status as of 1870. The Roman Catholic Church is but one of many faith-based international movements, and since the eclipse of the papal state nearly one-and-a-half centuries ago, the status in international law of its temporal headquarters in Rome should not be privileged.
- Topic:
- International Law, Religion, Sovereignty, and History
- Political Geography:
- Europe, Italy, and Vatican city
1070. Functionalism! Functionalism! Do I Look Like Functionalism?
- Author:
- Laurence Boisson de Chazournes
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- In his EJIL Foreword, Jan Klabbers argues that the contemporary application of functionalism, understood as organizations being assigned functions, in order both to realize the common good and to deepen inter-state cooperation, is something of a theoretical straitjacket. However, can functionalism really be described as a ‘one-size-fits-all’ concept? It is the contention of this Comment that there are, in fact, different manifestations of the concept, including neo-functionalism and formal or informal functionalism. New realities in this field also reflect an evolved conception of functionalism, such as the increasing diversity of actors affected by, and influencing, international organizations, as well as the fact that institutions have become authorities in their own right. As a consequence, we may also observe the emergence of principles, often referred to as global administrative law principles, aimed at dealing with these new realities. The article recognizes that a functional orientation in designing the mandates of international organizations has contributed to overlaps and inefficiency. However, it argues that efforts have been made in pursuance of greater efficiency.
- Topic:
- International Law, International Organization, and World Trade Organization
- Political Geography:
- Europe and Global Focus
1071. 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
1072. The Original Sin (and Salvation) of Functionalism
- Author:
- Guy Fiti Sinclair
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This Comment interrogates the central and determining role accorded to functionalism in Jan Klabbers’ account of international organizations (IOs) law in his recent article, ‘The EJIL Foreword: The Transformation of International Organizations Law’. Specifically, it expresses doubts regarding Klabbers’ designation of functionalism as the dominant, paradigmatic theory of IOs law; questions whether the article’s account of functionalism’s historical origins is persuasive; and argues that the ‘rise and fall’ narrative set forth in the article presents an overly sanitized picture of IOs law, largely free from political struggle. The development of IOs law has been more contested than Klabbers’ narrative suggests; minimizing that contestation carries the danger of closing off possibilities for reimagining IOs law today.
- Topic:
- International Relations, International Law, International Organization, and Critique
- Political Geography:
- Europe and Global Focus
1073. The Transformation of International Organizations Law: A Rejoinder
- Author:
- Jan Klabbers
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- Jan Klabbers responds to critiques by Laurence Boisson de Chazournes, André Nollkaemper and Guy Fiti Sinclair of his EJIL Foreword.
- Topic:
- International Relations, International Law, International Organization, and Critique
- Political Geography:
- Europe and Global Focus
1074. The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Force
- Author:
- Erika de Wet
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This article examines how two prominent criteria for permissible military intervention by invitation as developed in doctrine are currently implemented by states as well as how this impacts the prohibition of the use of force. Controversies concern, in particular, the determination of the authority entitled to extend the invitation, as recently illustrated by the Russian claim that its military intervention in the Crimea was based on the invitation of (former) President Yanukovych. Does the inviting authority need to enjoy democratic legitimacy and/or be in de facto control of a state’s territory? Furthermore, it remains highly contentious whether an invitation for forcible intervention may be extended during a civil war. By analysing modern state practice in Africa – where most of the contemporary invitations for military assistance occur – and comparing it with recent developments in other regions, the author concludes that effective control rather than democratic legitimacy is (still) the point of departure for determining the legitimate government of a state. Once recognized, incumbent governments enjoy a large discretion when inviting military assistance from foreign governments. They seem to retain the right to military assistance even in situations of civil war and while exercising limited control over the territory.
- Topic:
- International Law, Sovereignty, United Nations, and Military Intervention
- Political Geography:
- Africa, Russia, Europe, and Crimea
1075. Interrogations of Consent: A Reply to Erika de Wet
- Author:
- Dino Kritsiotis
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This article presents a critical engagement with the issue of force and intervention undertaken with the consent of the state in whose territory it ultimately occurs and offers a critical assessment of Erika de Wet’s article ‘The Modern Practice of Intervention by Invitation in Africa and Its Implication for the Prohibition of the Use of Force’. It considers the different interpretative approaches suggested for consent and the Charter of the United Nations’ prohibition of force as well as the principle or principles that have come to govern the issuing of valid consent in international law. The contribution turns to some of the methodological positions taken in exploring the continuing validity of the so-called ‘effective control principle’ in modern African practice, and, as it does so, it probes the utility of questions for the jus ad bellum of ‘other’ international law (such as developments within the jus in bello and the law on self-determination).
- Topic:
- International Law, Sovereignty, United Nations, and Military Intervention
- Political Geography:
- Africa and Europe
1076. Domestic Violence as a Human Rights Issue: Rumor v. Italy
- Author:
- Ronagh J.A. McQuigg
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This article focuses on the recent developments concerning domestic violence within the context of the Council of Europe. Since 2007, the European Court of Human Rights has issued a series of important judgments in cases involving domestic violence. The most recent of these is Rumor v. Italy, in which the Court issued its judgment on 27 May 2014. The article analyses this case in the context of the Court’s previous jurisprudence on domestic violence. In addition, on 1 August 2014, the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence entered into force, and the article will include a number of reflections on the potential held by this Convention. No violation of the European Convention on Human Rights was found in Rumor; however, the question of whether Italy would have been in breach of the provisions of the new Convention, to which it is a party, had this Convention been in force at the time of the relevant events, will be examined.
- Topic:
- Human Rights, International Law, Women, Gender Based Violence, and Courts
- Political Geography:
- Europe and Italy
1077. EJIL Editors’ Choice of Books 2015
- Author:
- Sarah Nouwen, Christian Tams, Jan Klabbers, and Jean d'Aspremont
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- At the end of 2014, we invited the EJIL Board members to reflect on the books that had had a significant impact on them during the year. Their contributions, posted on EJIL: Talk!, were met with great interest and curiosity. As the end of another year approaches, we decided once more to invite our Board members to look back on their reading in 2015. In the following pieces Sarah Nouwen, Christian Tams, Jan Klabbers and Jean d’Aspremont write about the books they read or re-read this year and which they found inspiring, enjoyable or even ‘must reads’ for their own work or international law scholarship in general.
- Topic:
- Human Rights, International Law, History, and Courts
- Political Geography:
- Africa, Europe, and South Sudan
1078. Surabhi Ranganathan. Strategically Created Treaty Conflicts and the Politics of International Law
- Author:
- Sabrina Safrin
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- Treaty conflicts may be inevitable, but what do we make of conflict by design? In Strategically Created Treaty Conflicts and the Politics of International Law, Surabhi Ranganathan thoughtfully explores nations’ purposeful creation of conflicts between treaties to advance their political goals and to restrict the impact of treaties to which they object. Essentially, states fight legal fire with legal fire. If they object to a multilateral treaty regime, they create another regime that effectively conflicts with, or cabins, the treaty regime that they object to rather than simply walking away.
- Topic:
- International Law, Treaties and Agreements, Book Review, and Law of the Sea
- Political Geography:
- Europe and United States of America
1079. M. Sornarajah. Resistance and Change in the International Law on Foreign Investment
- Author:
- Harm Schepel
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- In 1994, Muthucumaraswamy Sornarajah published the first edition of his treatise, The International Law on Foreign Investment. There, he sought to demonstrate that investment law as a separate branch of international law was ‘in the process of development’ and could and should be isolated for separate study. Organizing his material from the disparate sources of domestic law, contract-based arbitration and public international law along the overarching tension between the interests of developing countries and those of traditionally capital-exporting states, his stated aim was to ‘help in the identification of the nature of the disputes’, which would lead, in turn, to the ‘formulation of acceptable solutions’. The treatise was a well-timed pioneering effort that rightfully earned the author a lasting reputation as one of the founding fathers and towering figures of the academic discipline. There seems to be no one better placed, then, to ask, 20 years on, what happened or, rather, what went wrong. Investment law has developed with breathtaking speed into a (very) separate branch of international law – yes – but almost entirely on the waves of treaty-based investor–state arbitration, which has all but eclipsed contractual and domestic processes, at least in terms of academic interest. And this system has, in the eyes of Sornarajah and many others, rather spectacularly failed to lead to ‘acceptable solutions’, especially for developing countries.
- Topic:
- International Law, Treaties and Agreements, Foreign Direct Investment, Neoliberalism, and Book Review
- Political Geography:
- Europe and United States of America
1080. Mur sous ma main
- Author:
- Guillaume Landais
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- A poem by Guillaume Landais.
- Topic:
- Poem
- Political Geography:
- Europe and Global Focus
1081. Alliance Coercion and Nuclear Restraint: How the United States Thwarted West Germany's Nuclear Ambitions
- Author:
- Gene Gerzhoy
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- When does a nuclear-armed state's provision of security guarantees to a militarily threatened ally inhibit the ally's nuclear weapons ambitions? Although the established security model of nuclear proliferation posits that clients will prefer to depend on a patron's extended nuclear deterrent, this proposition overlooks how military threats and doubts about the patron's intentions encourage clients to seek nuclear weapons of their own. To resolve this indeterminacy in the security model's explanation of nuclear restraint, it is necessary to account for the patron's use of alliance coercion, a strategy consisting of conditional threats of military abandonment to obtain compliance with the patron's demands. This strategy succeeds when the client is militarily dependent on the patron and when the patron provides assurances that threats of abandonment are conditional on the client's nuclear choices. Historical evidence from West Germany's nuclear decisionmaking provides a test of this logic. Contrary to the common belief among nonproliferation scholars, German leaders persistently doubted the credibility and durability of U.S. security guarantees and sought to acquire an independent nuclear deterrent. Rather than preferring to renounce nuclear armament, Germany was compelled to do so by U.S. threats of military abandonment, contradicting the established logic of the security model and affirming the logic of alliance coercion.
- Topic:
- Arms Control and Proliferation and Nuclear Weapons
- Political Geography:
- United States, Europe, Germany, and West Germany
1082. Concessions or Coercion? How Governments Respond to Restive Ethnic Minorities
- Author:
- Arman Grigoryan
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- Destabilized multiethnic states and empires are environments that are highly susceptible to violent ethnonationalist conflict. Conflicts between states built on the ruins of such empires and their minorities are especially common. James Fearon has famously argued that these conflicts are the result of minorities' rational incentives to rebel, which in turn are the result of newly independent states' inability to guarantee that these minorities will not be discriminated against if they acquiesce to citizenship, as well as expectations that over time the balance of power will shift against minorities as states consolidate their institutions. States can, however, take steps to reassure their minorities. The puzzle is why they often fail to do so. In fact, states often adopt policies that confirm minorities' worst fears, pushing them toward rebellion. Such action may be precipitated by a state's belief that a minority is motivated by a separatist agenda rather than by the desire to have its concerns and grievances satisfactorily addressed. If secession is a minority's primary objective, then concessions intended to demobilize the minority will only make the state more vulnerable to future demands and separatist bids. The existence of third parties with incentives to support minority separatism exacerbates the problem. The violent and nonviolent minority disputes in post-Soviet Georgia illustrate these findings.
- Topic:
- Ethnic Government, Governance, Ethnicity, and Domestic Politics
- Political Geography:
- Europe, Asia, Georgia, and Global Focus
1083. Strategies of Inhibition: U.S. Grand Strategy, the Nuclear Revolution, and Nonproliferation
- Author:
- Francis Gavin
- Publication Date:
- 08-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- The United States has gone to extraordinary lengths since the beginning of the nuclear age to inhibit—that is, to slow, halt, and reverse—the spread of nuclear weapons and, when unsuccessful, to mitigate the consequences. To accomplish this end, the United States has developed and implemented a wide range of tools, applied in a variety of combinations. These “strategies of inhibition” employ different policies rarely seen as connected to one another, from treaties and norms to alliances and security guarantees, to sanctions and preventive military action. The United States has applied these measures to friend and foe alike, often regardless of political orientation, economic system, or alliance status, to secure protection from nuclear attack and maintain freedom of action. Collectively, these linked strategies of inhibition have been an independent and driving feature of U.S. national security policy for more than seven decades, to an extent rarely documented or fully understood. The strategies of inhibition make sense of puzzles that neither containment nor openness strategies can explain, while providing critical insights into post–World War II history, theory, the causes of nuclear proliferation, and debates over the past, present, and future trajectory of U.S. grand strategy.
- Topic:
- National Security, Nuclear Weapons, and Grand Strategy
- Political Geography:
- United States, Europe, Soviet Union, and Germany
1084. Indignation, Ideologies, and Armed Mobilization: Civil War in Italy, 1943–45
- Author:
- Stefano Costalli and Andrea Ruggeri
- Publication Date:
- 11-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- Ideas shape human behavior in many circumstances, including those involving political violence. Yet they have usually been underplayed in studies of the causes of armed mobilization. Likewise, emotions have been overlooked in most analyses of intrastate conflict. A mixed-methods analysis of Italian resistance during the Fascist regime and the Nazi occupation (1943–45) provides the opportunity to theorize and analyze empirical evidence on the role of indignation and radical ideologies in the process of armed mobilization. These nonmaterial factors play a crucial role in the chain that leads to armed collective action. Indignation is a push factor that moves individuals away from accepting the status quo. Radical ideologies act as pull factors that provide a new set of strategies against the incumbent. More specifically, detachment caused by an emotional event disconnects the individual from acceptance of the current state of social relations, and individuals move away from the status quo. Ideologies communicated by political entrepreneurs help to rationalize the emotional shift and elaborate alternative worldviews (disenchantment), as well as possibilities for action. Finally, a radical ideological framework emphasizes normative values and the conduct of action through the “anchoring” mechanism, which can be understood as a pull factor attracting individuals to a new status.
- Topic:
- Conflict Resolution, Civil War, War, and Armed Struggle
- Political Geography:
- Europe and Italy
1085. Las armas biológicas. Perspectivas de futuro
- Author:
- Nieva Machín
- Publication Date:
- 05-2014
- Content Type:
- Journal Article
- Journal:
- Revista UNISCI/UNISCI Journal
- Institution:
- Unidad de investigación sobre seguridad y cooperación (UNISCI)
- Abstract:
- La valoración de bajo riesgo de sufrir un ataque con armas biológicas realizada por la estrategia nacional de seguridad resulta errónea ya que España como miembro de la OTAN debería recoger en su estrategia nacional de seguridad del año 2013 esta amenaza ya considerada como tal por la OTAN en el año 2002. Para una valoración efectiva del nivel de esta amenaza resulta preciso considerar que esta ha trascendido el ámbito militar. En el presente artículo se presentará la vulnerabilidad de España derivaba de las políticas y protocolos de seguridad de carácter reactivo y no preventivo establecidas en España así como aspectos mutidimensionales que requieren un replanteamiento y mejoras acordes a una valoración de riesgo más precisa.
- Topic:
- Arms Control and Proliferation, Science and Technology, Terrorism, Treaties and Agreements, Chemical Weapons, Pharmaceuticals, and Biotechnology
- Political Geography:
- Europe, Spain, and Global Focus
1086. España y Estados Unidos en un nuevo contexto estratégico
- Author:
- David García
- Publication Date:
- 05-2014
- Content Type:
- Journal Article
- Journal:
- Revista UNISCI/UNISCI Journal
- Institution:
- Unidad de investigación sobre seguridad y cooperación (UNISCI)
- Abstract:
- La estrategia de seguridad nacional de 2013 establece una clara continuidad respecto a la estrategia de 2011 respecto al tratamiento de la alianza y las relaciones con EEUU, aspecto positivo que demuestra un acuerdo en una política de Estado fundamental para España. Sin embargo, tiende a ser más un documento de consenso político y declarativo/informativo, que una estrategia de seguridad con mayor calado y profundidad. En este sentido, el análisis y la construcción de la estrategia denota discutibles concepciones y percepciones sobre la estructura del sistema internacional y la conducta de las grandes potencias, que pueden crear narrativas, estrategias y políticas peligrosas en una situación de reducción de capacidades que pueden llevar a un dilema de seguridad. En este sentido, las alianzas y políticas estratégicas de España pueden moverse entre su reforzamiento (chain gangs) o su abandono (buckpassing), incluyendo planificaciones estratégicas más realistas. Una revisión del Convenio de Cooperación para la Defensa dentro del marco de profundización de la Declaración Conjunta de 2001 sería una opción estratégica de primer orden para la política de seguridad de España.
- Topic:
- Security, Bilateral Relations, Alliance, and Strategic Stability
- Political Geography:
- Europe, Spain, North America, and United States of America
1087. El largo camino hacia la gestión integral de la Crisis en la Unión Europea
- Author:
- Guillem Colom
- Publication Date:
- 01-2014
- Content Type:
- Journal Article
- Journal:
- Revista UNISCI/UNISCI Journal
- Institution:
- Unidad de investigación sobre seguridad y cooperación (UNISCI)
- Abstract:
- Las operaciones de gestión de crisis realizadas desde el fin de la Guerra Fría han puesto de manifiesto la necesidad de armonizar la cooperación multinacional para incrementar la coherencia de la operación. Éste es el principio fundamental del Enfoque Integral, definido como la concertación de las estrategias y las acciones de los actores participantes en la gestión de crisis a todos los niveles y planos de la misma. Desde 2008, la Unión Europea está definiendo su propio modelo para mejorar su unidad de acción en materia de gestión de crisis, ampliar su cooperación práctica con el resto de los actores implicados en la resolución de la misma y apoyar el desarrollo de capacidades civiles y militares. El trabajo analiza sus antecedentes y estado actual.
- Topic:
- Security, Defense Policy, Civil Society, Military Affairs, European Union, and Crisis Management
- Political Geography:
- Europe
1088. Horror, hubris and humanity: the international engagement with Africa, 1914-2014
- Author:
- Richard Reid
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Institution:
- Chatham House
- Abstract:
- This article was commissioned as a contribution to the 90th anniversary issue of International Affairs , and it seems appropriate to note at the outset the prominent place that Africa has occupied in the pages of the journal since the 1920s. Indeed, a list of authors who have written for it reads as a roll-call of modern African history, in terms of both protagonists and analysts, and I doubt whether any specialist Africanist journal can boast a comparable line-up. A handful of examples may suffice. From the era of European colonial rule, Frederick, Lord Lugard, wrote in 1927 on the putative challenges confronting colonial administrators of 'equatorial' Africa, and Lord Hailey, in 1947, on the issues involved in 'native administration' more broadly; notably, the African perspective on these questions was provided in a piece in 1951 by the eminent Tswana political figure of the early and middle twentieth century, Tshekedi Khama. Former colonial governor Sir Andrew Cohen assessed the place of the new African nations within the UN in a 1960 article. A later generation of African nationalist leaders, the founders and shapers of the continent in its first flush of independence, is also represented: of particular note are pieces on the prospects for the continent by the Tunisian leader Habib Bourguiba and by the Senegalese poet and politician Leopold Senghor, in 1961 and 1962 respectively. And then there are the analysts and commentators, some of whom have become the stuff of legend for the author's own generation: Lucy Mair, Ali Mazrui and Colin Legum, to name but three.
- Topic:
- International Affairs
- Political Geography:
- Africa and Europe
1089. Recalcitrance and initiative: US hegemony and regional powers in Asia and Europe after World War II
- Author:
- Arthur A. Stein
- Publication Date:
- 01-2014
- Content Type:
- Journal Article
- Journal:
- International Relations of the Asia-Pacific
- Institution:
- Japan Association of International Relations
- Abstract:
- This paper challenges the conventional wisdom that US power and preferences following World War II led to bilateralism in Asia and multilateralism in Western Europe. It argues that the challenges facing the United States in both regions were similar, as were US policies meant to address them. With some lag, the United States supported the economic recovery of the regional powers it had defeated (Germany and Japan), saw the restoration of regional trade as a prerequisite, sought military bases to assure postwar security, and envisioned rearming its former foes as part of its security strategy. The outcomes in the two regions reflected the preferences and reservations of regional actors. The critical differences between the regions were structural. The existence of middle powers was critical in Europe, the return of colonial powers to Asia precluded regional arrangements in the short term, and geostrategic differences shaped the requisites for regional security.
- Topic:
- Economics and War
- Political Geography:
- United States, Europe, and Asia
1090. Germany after the Elections: Prospects for Europe?
- Author:
- Ulrike Guerot
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- As long as Angela Merkel remains chancellor, most Germans seem to be in no rush to find a coalition. This is why the coalition negotiations have been going on for weeks (and may only conclude when this journal goes to print). Nevertheless, the elections have shaken up the German political landscape: the Liberals (FDP) are out of the Bundestag for the first time since 1949 and the euro-sceptical Alternative for Germany (AfD) is in. With the Left Party still outside of the 'consensus spectrum', the Conservatives (CDU), Social Democrats (SPD) and Greens are the only parties eligible for government in either a grand coalition (CDU/SPD) or a Black-Green coalition (CDU/ Greens). But the SPD's reluctance to enter into a grand coalition a second time, after the disastrous results for the party in 2005-09, led many to hope for an innovative progressive-conservative U-turn in Germany, meaning a Black-Green coalition. Indeed, for a moment it seemed like the CDU and the Greens would dare the impossible after what had been called a "fruitful and harmonious exploration". But in the end, it is going to be a grand coalition again, with the likely effect for Europe that austerity will be softened a bit - but in essence, German European policy will remain as it is, slow and reluctant.
- Topic:
- Government
- Political Geography:
- Europe and Germany
1091. American Views of Europe
- Author:
- David Calleo
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- America's diplomacy towards Europe has passed two broad historic phases. A first, isolationist phase, determined in part by America's need to maintain its domestic multinational consensus, was replaced, after World War II and under the Soviet threat, by a policy of hegemonic engagement. The Soviet collapse opened a new era forcing a reinterpretation of America's role in Europe and the world. Four different narratives have emerged: triumphalist, declinist, chaotic or pluralist. If a unipolar American role seems unlikely to persist, American decline is all too possible. A new hegemonic replacement seems unlikely, which makes the pluralist narrative plausible and desirable. This multipolar world will require an adaptation of the Western alliance and a new way of thinking about interstate relations. Confederal Europe, for its experience in bargaining and conciliation, might have much to offer to the new plural world order.
- Topic:
- War
- Political Geography:
- America and Europe
1092. Growing Antisemitism And Anti-Jewish Hatred In The Netherlands
- Author:
- Barry Rubin
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Journal:
- Middle East Review of International Affairs
- Institution:
- Global Research in International Affairs Center, Interdisciplinary Center
- Abstract:
- This article discusses increasing anti-Jewish hatred in the Netherlands, in particular due to the growing Muslim immigrant population there. Though the Dutch government has been traditionally friendly to Israel and there has been proportionately less antisemitism there compared to in other European countries, shocking slanders appear about Israel in the mainstream Dutch media and there has also been an academic boycott of Israel. In addition, Dutch politicians have been afraid to address this rising antisemitism and anti-Jewish hatred for fear of losing the Muslim vote. As a result, it is becoming increasingly difficult for Jews to remain in the country, making the future of the Dutch Jewish community uncertain.
- Topic:
- International Affairs
- Political Geography:
- Europe, Israel, and Netherlands
1093. The European Convention on Human Rights, the EU and the UK: Confronting a Heresy
- Author:
- Andrew Williams
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- The orthodox view of the ECHR and its Court as regime in the context of both the EU and UK has been that it has considerable value albeit with systemic flaws. The purpose of this article is to challenge this orthodoxy. Four inter-related submissions are made: that the ECHR has failed human rights conceptually (1); 'good' or lauded decisions of the ECtHR cannot remedy or sufficiently counter-balance this conceptual failure (2); 'bad' decisions further expose and exacerbate the failure (3); the procedural problems of the ECHR regime may contribute to the underlying failure of concept but their resolution cannot solve it (4). These submissions are to provoke a more intense assessment of value and how such value could be enhanced. It may be too late to see any influence on the accession process but this does not reduce the relevance of the critique for the future of human rights in both the EU and the UK. Ultimately an approach to the ECHR system needs to determine whether it continues to be lauded or its influence resisted (thus seeking reform or replacement - the alternative candidates being the EU Charter and/or a national Bill of Rights) and retained only as an iconic scheme of moral importance.
- Topic:
- Human Rights
- Political Geography:
- United States and Europe
1094. The European Convention on Human Rights, the EU and the UK: Confronting a Heresy: A Reply to Andrew Williams
- Author:
- Stelios Andreadakis
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This reaction piece responds to the article by Andrew Williams entitled 'The European Convention on Human Rights, the EU and the UK: Confronting a Heresy'. In his article, Williams contends that we should not further support the 'orthodox' view that the Convention (ECHR) has been very successful in protecting and promoting human rights across Europe, offering four submissions to that end. It will be argued that Dr Williams' submissions regarding the ECHR's success and the European Court of Human Rights (ECtHR)'s role are not well supported and justified. The relationship between the ECHR and a future UK Bill of Rights will also be explored in the piece, as there is no sufficient link between the author's arguments about the ECHR regime and the UK legal system, making it rather artificial to refer to the UK as a possible model for human rights.
- Topic:
- Human Rights
- Political Geography:
- Europe
1095. Horizontal Review between International Organizations: A Reply to Abigail C. Deshman
- Author:
- Rosa Rafaelli
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This short article aims to further the discussion over horizontal review between international organizations started by Deshman in her analysis of the role of the Parliamentary Assembly of the Council of Europe after the H1N1 pandemic. The article compares the historical evolution of the European Parliament to that of the Parliamentary Assembly and examines how the EP's involvement with issues such as human rights and international relations served to build its identity, to gain international recognition, and to obtain more formal powers. It suggests possible additional reasons explaining the PA's willingness to perform horizontal review over action carried out by the WHO, and potential paths for future developments.
- Topic:
- International Relations and Human Rights
- Political Geography:
- Europe
1096. Horizontal Review between International Organizations: A Rejoinder to Rosa Raffaelli
- Author:
- Abigial C. Deshman
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Dr. Raffaelli's Reply to my article highlights some very useful areas for further exploration in the realm of global administrative law and inter-institutional interactions. Calling this a rejoinder may be a bit of a misnomer since I believe we are actually in broad agreement. In the spirit of debate, I will first draw out one apparent point of divergence – whether this is actually an instance of horizontal review – before canvassing our substantive areas of agreement.
- Political Geography:
- Europe
1097. Panos Koutrakos. The EU Common Security and Defence Policy
- Author:
- Julia Schmidt
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- The European Union has gone through a profound development as an international crisis management actor. It was only in 2003 that the common security and defence policy became operational. Since then, the EU has conducted more than 25 civilian and military crisis management missions in many parts of the world. These missions are carried out in the name of the EU whose international legal personality has been formally recognized by the Treaty of Lisbon (Article 47 TEU). At the same time, the EU depends on capable and willing Member States to launch and to carry out an operation under the auspices of its common security and defence policy. The development of the EU as a military actor is remarkable in the light of the EU's historical evolution. In the 1950s, it started as a peace project that was based on economic integration. To prevent the emergence of a new war on the European continent, Robert Schuman proposed linking the coal and steel industries of France and Germany together 'within the framework of an organization open to the participation of the other countries of Europe'. Attempts to create a European army within the European Defence Community failed in 1954. Today, Europe has moved away from being merely a civilian power. When confronted with its inability adequately to respond to the Balkan crisis in its neighbourhood in the 1990s, the Cologne European Council of 1999 marked the birth of the EU's common security and defence policy. A process was put in motion that equipped the EU with the legal capacity and the civilian and military means to engage in 'missions outside the Union for peace-keeping, conflict prevention and strengthening international security' (Article 42(1) TEU). Civilian and military means may be used by the EU to fulfil the socalled Petersberg tasks, that include 'joint disarmament operations, humanitarian and rescue tasks, military advice and assistance tasks, conflict prevention and peace-keeping tasks, tasks of combat forces in crisis management, including peace-making and post-conflict stabilisation' (Article 43(1) TEU). In political statements such as the European Security Strategy the EU has expressed great ambitions as a global security actor and has spoken of its responsibility to contribute to international security.
- Political Geography:
- Europe
1098. SIFTING THROUGH INTERDEPENDENCE
- Author:
- Thomas Wright
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Journal:
- The Washington Quarterly
- Institution:
- Center for Strategic and International Studies
- Abstract:
- If there is one idea that has consistently influenced western foreign policy since the Cold War, it is the notion that extending interdependence and tightening economic integration among nations is a positive development that advances peace, stability, and prosperity. As a post-Cold War idea guiding U.S. and European foreign policy, there is much to be said for it. The absorption of Eastern Europe in both the European Union and NATO helped consolidate market democracy. Globalization led to unprecedented growth in western economies, and facilitated the ascent of China and India, among others, taking billions of people out of poverty. Access to the international financial institutions also offered emerging powers the strategic option of exerting influence through existing institutions rather than trying to overturn them. Some policymakers and experts believe that this process holds the key to continuing great power peace and stability.
- Topic:
- Foreign Policy and Cold War
- Political Geography:
- United States, China, Europe, and India
1099. Democratization and Relations with the EU in the AK Party Period: Is Turkey Really Making Progress?
- Author:
- Paul Kubicek
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Journal:
- Insight Turkey
- Institution:
- SETA Foundation for Political, Economic and Social Research
- Abstract:
- This brief commentary assesses the progress made by Turkey under the Justice and Development Party (the AK Party) toward European Union (EU) membership and democratization. While it acknowledges positive steps, it notes that the goals of EU accession and democratic consolidation remain elusive. One consideration is that the expectations or “goalposts” for both have moved so that, relative to the objectives of those supporting democratic freedoms and Europeanization, progress in Turkey has still been rather modest. While the democratization package of September 2013 offers some hope for democratization, it remains difficult to see substantial progress in terms of joining the EU.
- Topic:
- Development
- Political Geography:
- Europe and Turkey
1100. Euro-Turks in the Contemporary European Imaginary
- Author:
- Raymond Taras
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Journal:
- Insight Turkey
- Institution:
- SETA Foundation for Political, Economic and Social Research
- Abstract:
- Do perceptions of Muslim communities differ among receiving European societies? Are attitudes towards Euro-Turks more critical than other groups? Do Euro-Turks feel marginalized and recognize social distance from the majority? This paper presents data from cross-national research projects to assess the social distance between national majority and Muslim minorities, in particular Euro-Turks. It also considers the extent to which religion, ethnicity, and culture help shape Islamophobia and anti-Turkish attitudes. Social distance is not treated as a proxy variable for discrimination or exclusion, but it serves as an indicator of the possible marginalization of Euro-Turks. Further, increasing social distance between majority and minority Muslim groups may also serve as a reliable indicator of a Europe in crisis, confronting its multiple conflicting identities.
- Political Geography:
- Europe