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  • Author: John J. Mearsheimer
  • Publication Date: 04-2019
  • Content Type: Journal Article
  • Journal: International Security
  • Institution: Belfer Center for Science and International Affairs, Harvard University
  • Abstract: The liberal international order, erected after the Cold War, was crumbling by 2019. It was flawed from the start and thus destined to fail. The spread of liberal democracy around the globe—essential for building that order—faced strong resistance because of nationalism, which emphasizes self-determination. Some targeted states also resisted U.S. efforts to promote liberal democracy for security-related reasons. Additionally, problems arose because a liberal order calls for states to delegate substantial decisionmaking authority to international institutions and to allow refugees and immigrants to move easily across borders. Modern nation-states privilege sovereignty and national identity, however, which guarantees trouble when institutions become powerful and borders porous. Furthermore, the hyperglobalization that is integral to the liberal order creates economic problems among the lower and middle classes within the liberal democracies, fueling a backlash against that order. Finally, the liberal order accelerated China's rise, which helped transform the system from unipolar to multipolar. A liberal international order is possible only in unipolarity. The new multipolar world will feature three realist orders: a thin international order that facilitates cooperation, and two bounded orders—one dominated by China, the other by the United States—poised for waging security competition between them.
  • Topic: International Relations, International Relations Theory, Liberal Order
  • Political Geography: United States, China, Europe
  • Author: J.C. Sharman
  • Publication Date: 04-2019
  • Content Type: Journal Article
  • Journal: International Security
  • Institution: Belfer Center for Science and International Affairs, Harvard University
  • Abstract: The making of the international system from c. 1500 reflected distinctively maritime dynamics, especially “gunboat diplomacy,” or the use of naval force for commercial gain. Comparisons between civilizations and across time show, first, that gunboat diplomacy was peculiarly European and, second, that it evolved through stages. For the majority of the modern era, violence was central to the commercial strategies of European state, private, and hybrid actors alike in the wider world. In contrast, large and small non-Western polities almost never sought to advance mercantile aims through naval coercion. European exceptionalism reflected a structural trade deficit, regional systemic dynamics favoring armed trade, and mercantilist beliefs. Changes in international norms later restricted the practice of gunboat diplomacy to states, as private navies became illegitimate. More generally, a maritime perspective suggests the need for a reappraisal of fundamental conceptual divisions and shows how the capital- and technology-intensive nature of naval war allowed relatively small European powers to be global players. It also explains how European expansion and the creation of the first global international system was built on dominance at sea centuries before Europeans’ general military superiority on land.
  • Topic: International Cooperation, International Security, Military Strategy, Military Affairs, Navy, Law of the Sea, Maritime
  • Political Geography: United States, Europe
  • Author: Hannah Woolaver
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: If a state withdraws from a treaty in a manner that violates its own domestic law, will this withdrawal take effect in international law? The decisions to join and withdraw from treaties are both aspects of the state’s treaty-making capacity. Logically, international law must therefore consider the relationship between domestic and international rules on states’ treaty consent both in relation to treaty entry and exit. However, while international law provides a role for domestic legal requirements in the international validity of a state’s consent when joining a treaty, it is silent on this question in relation to treaty withdrawal. Further, there has been little scholarly or judicial consideration of this question. This contribution addresses this gap. Given recent controversies concerning treaty withdrawal – including the United Kingdom’s exit from the European Union, South Africa’s possible withdrawal from the International Criminal Court, and the threatened US denunciation of the Paris Agreement – and the principles underlying this body of law, it is proposed that the law of treaties should be interpreted so as to develop international legal recognition for domestic rules on treaty withdrawal equivalent to that when states join treaties, such that a manifest violation of domestic law may invalidate a state’s treaty withdrawal in international law.
  • Topic: International Law, Treaties and Agreements, European Union, Courts, State Actors
  • Political Geography: United Kingdom, Europe, South Africa, United States of America
  • Author: Surabhi Ranganathan
  • Publication Date: 04-2019
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: In this article, I argue for a critical recognition of the law of the sea, as it developed from the post-war period, as fostering a ‘grab’ of the ocean floor via national jurisdiction and international administration. I discuss why we should view what might be discussed otherwise as an ‘enclosure’ or ‘incorporation’ of the ocean floor within the state system as its grab. I then trace the grounds on which the ocean was brought within national and international regimes: the ocean floor’s geography and economic value. Both were asserted as givens – that is, as purely factual, but they were, in fact, reified through law. The article thus calls attention to the law’s constitutive effects. I examine the making of this law, showing that law-making by governments was influenced by acts of representation and narrative creation by many non-state actors. It was informed by both economic and non-economic influences, including political solidarity and suspicion, and parochial as well as cosmopolitan urges. Moreover, the law did not develop gradually or consistently. In exploring its development, I bring into focus the role played by one influential group of actors – international lawyers themselves.
  • Topic: Economics, International Law, History, Law of the Sea, Maritime
  • Political Geography: Europe, Oceans
  • Author: Paz Andrés Sáenz De Santa María
  • Publication Date: 07-2019
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article examines the European Union’s (EU) treaty practice from the perspective of the international law of treaties, focusing on its most significant examples. The starting point is the EU’s attitude towards the codification of treaty law involving states and international organizations. The article discusses certain terminological specificities and a few remarkable aspects, such as the frequent use of provisional application mechanisms as opposed to much less use of reservations, the contributions regarding treaty interpretation, the wide variety of clauses and the difficulties in determining the legal nature of certain texts. The study underlines that treaty law is a useful instrument for the Union and is further enriched with creative contributions; the outcome is a fruitful relationship.
  • Topic: International Law, Treaties and Agreements, European Union, Courts
  • Political Geography: Europe, European Union
  • Author: Dario Cristiani
  • Publication Date: 04-2019
  • Content Type: Journal Article
  • Journal: China Brief
  • Institution: The Jamestown Foundation
  • Abstract: In March 2019, Italy and the People’s Republic of China (PRC) signed a broad and comprehensive, albeit not legally binding, Memorandum of Understanding (MoU) for Italy to join the Chinese-led Belt and Road Initiative (BRI). This has triggered a significant debate—in Brussels as well as in Washington—about whether this decision signalled an Italian shift away from its historical pro-European and pro-Atlantic position, to a more nuanced position open to deepening strategic ties with China. The MoU is not definite proof of such a shift, and the Italian government has denied any strategic change. However, Italy is the first major European country, and the first Group of Seven (G7) member, to formalize its participation with the BRI project. As such, this development is particularly remarkable.
  • Topic: Diplomacy, International Trade and Finance, Bilateral Relations, European Union, Economy
  • Political Geography: China, Europe, Asia, Italy
  • Author: John Dotson
  • Publication Date: 02-2019
  • Content Type: Journal Article
  • Journal: China Brief
  • Institution: The Jamestown Foundation
  • Abstract: The December 1, 2018, arrest of Huawei chief financial officer Meng Wanzhou, and the arrest of another Huawei employee in Poland, come on the heels of a series of escalating measures—or measures under consideration—by governments in North America and the Pacific Region to restrict the use of Chinese-manufactured telecommunications equipment. Such measures are now increasingly under consideration in Europe, as well, with major implications not only for the international profile of companies such as Huawei, but also for the construction of advanced communications infrastructure throughout much of the world.
  • Topic: Science and Technology, Cybersecurity, Economy, Research
  • Political Geography: China, Europe, Asia, Poland, North America, United States of America
  • Author: Gordon S. Bardos
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: Warsaw East European Review (WEER)
  • Institution: Centre for East European Studies, University of Warsaw
  • Abstract: The decline in the number of Balkan jihad volunteers setting off for the Islamic State over the past couple of years should not lull observers into the belief that the threat posed by the militant Islamist movement in southeastern Europe has declined as well. In fact, the collapse of the Caliphate might increase the threat in the Balkans; as Bajro Ikanović, a Bosnian extremist warned, “your intelligence agencies made a mistake thinking that they would be rid of us, however, the problem for them will be the return of individuals trained for war.” Ikanović himself will not be carrying out this threat, however, because he was killed in Syria, but no doubt many of his comrades feel the same way.
  • Topic: Terrorism, Islamic State
  • Political Geography: Europe, Bosnia, Middle East, Syria
  • Author: Oleksandr Okhrimenko, Stanislav Voloshchenko
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: Hiperboreea
  • Institution: Balkan History Association
  • Abstract: The Gavril Uric’s Psalter, created in 1437, remains one of the important manuscripts from the Neamț Monastery and South Slavic Cyrillic heritage. Involving the late medieval religious source into research, especially then it is a common text as Psalter, inspires to see this codex as the material object that was used by several generations. The system how the scribe organized the page, how he solved the mistakes, how he decorated the text is the way of interacts with his readers; behind the sacred text he put eyes of God, shown by his calligraphy. The Psalter of 1437 became a memorial of the scribe Gavril Uric, Leon the monk, and other people, who signed the codex with their names at different times. Until the 19th century, this Psalter remained the physical mediator between the person and God. From the end of the 19th century, the book was an object for scientific research and closed to the public. Nowadays, the digital version gives a new breath for the Psalter and new opportunity to revise our perception and the way in which we study medieval manuscripts.
  • Topic: Religion, Science and Technology, Medieval History
  • Political Geography: Europe, Ukraine, Eastern Europe
  • Author: Christopher Datta
  • Publication Date: 11-2019
  • Content Type: Journal Article
  • Institution: American Diplomacy
  • Abstract: To win the Cold War, President Ronald Reagan did something for which he is never credited: he dramatically increased the budget of the United States Information Agency, the public diplomacy arm of our struggle against communism. Senegal, in September of 1999, was about to hold a presidential election. Because of USIA's long history of promoting journalism in Senegal, the embassy decided to work in partnership with the local Print, Radio and Television Journalists Federation to hold a series of workshops on the role of journalists in covering elections. USIA was uniquely organized to promote democratic development through the long term support of human rights organizations, journalism, programs that helped build the rule of law, educational programs that encouraged the acceptance of diversity in society and, perhaps most importantly, through partnering with and supporting local opinion leaders to help them promote democratic values that stand in opposition to ideologies hostile to the West.
  • Topic: Cold War, Diplomacy, Human Rights, Elections, Democracy, Rule of Law, Ideology, Networks, Journalism
  • Political Geography: Afghanistan, Russia, United States, Europe, Iran, Soviet Union, West Africa, Syria, Senegal
  • Author: Keith C. Smith
  • Publication Date: 02-2019
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: President Boris Yeltsin’s imperial views on the “near abroad,” and President Vladimir Putin’s regarding Russia’s alleged “sphere of influence” has left Russia considerably weaker than it would have been otherwise, and the world much more endangered.
  • Topic: Arms Control and Proliferation, Cold War, Diplomacy, Economics, Politics, Armed Forces, Reform, Gas
  • Political Geography: Russia, Europe, Ukraine, Soviet Union, Germany, Estonia, Latvia, United States of America, Baltic States
  • 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, Constitution
  • Political Geography: Europe, Turkey, Middle East
  • 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 third in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. the 2017 Constitutional Referendum have only entrenched that reality. Erdogan’s dominance in Turkish politics should not obscure the fact that the individual office holder rather than an ideologically-grounded bloc is now the fulcrum upon which Turkish politics shifts. The Justice and Development Party (AKP) that came to power promising reform, religious pluralism and market-friendly economic policies has become a vehicle for Erdoğan’s personal ambition. After the Gezi Park protests and amid allegations of his son’s corruption, Erdogan became an increasingly polarizing personality in Turkish politics who weighed down the AKP brand in the 2015 parliamentary elections. Yet Erdoğan’s popularity returned during the pivotal moment of the 2016 coup attempt, when he appeared in a live interview with a reporter via Facetime. By the time 2017 referendum campaign, Erdoğan personally rather than AKP parliamentarians was the medium around which responses were polarized. The extension of Erdoğan’s personal control over the levers of power was particularly apparent in the referendum’s changes to the structure of the legislative and judicial branches of the Turkish government, granting legal justification to Erdoğan’s de facto force of personality regime. Developments over the past year have made clear that Turks are increasingly casting votes for and against candidates rather than parties.
  • Topic: Politics, Elections, Constitution, Recep Tayyip Erdoğan, Coup
  • Political Geography: Europe, Turkey, Middle East
  • Author: Arega Hovsepyan
  • 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: After the attempted coup d’état of 15 July 2016, discussion inside expert circles about the construction of a “new” Turkey took on a new urgency. The result of the 2017 constitutional referendum remade Turkey’s political institutions, but the events of the 2016 coup attempt also catalyzed changes to the symbolism of the state. The ruling Justice and Development Party, whose slogans had long promised “a new Turkey,” was at the forefront of the surge in hardened messaging. The cornerstone of this “new Turkey” is а classical concentration of political power in the hands of one person, specifically President Recep Tayyip Erdoğan. Kemalism, Turkey’s founding ideology, is in the process of being replaced by the new ideology of the new president. Although it is still early to characterise this new ideology in Turkey as “Erdoğanism”, the similarities and contradictions of Kemalism and Erdoğanism lend insight on the structure of Turkish politics. The era of Erdoğan has been unleashed in Turkey, and moreover, its eponym is eager to not only replace the personality cult of Mustafa Kemal Atatürk, but also to surpass the historic founder’s titanic image.
  • Topic: Politics, History, Authoritarianism, Ideology, Coup
  • Political Geography: Europe, Turkey, Middle East
  • Author: Fridtjof Falk
  • 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: On November 5th, 2018, the Trump administration re-imposed severe sanctions on Iran. These sanctions, which President Obama called the “toughest sanctions ever faced by the Iranian government,” were lifted by the 2015 Joint Comprehensive Plan of Action (JCPOA), also known as the Iran Deal. The JCPOA was signed with a view to blocking Iran’s alleged pursuit of nuclear weapons, allowing international inspectors into Iran in return for sanctions relief. Withdrawing the United States (US) from the deal was a prominent promise of Donald Trump leading up to the presidential elections of 2016. In a May 2018 speech that described the deal as rooted in “fiction,” President Trump made good on his promise to leave the JCPOA and to move to unilaterally re-impose sanctions on Iran.
  • Topic: International Relations, Nuclear Weapons, Treaties and Agreements, Sanctions, Nuclear Power, Economy
  • Political Geography: Europe, Iran, Middle East, North America, United States of America
  • Author: Alan Desmond
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article critically examines the evolving practice of the European Court of Human Rights (ECtHR) towards the definition and use of the concepts of family life and private life in cases involving migrants who seek to resist deportation by invoking Article 8 of the European Convention on Human Rights. The examination reveals an approach on the part of the Court that has the effect of shrinking the protection potential of Article 8 for migrant applicants, allowing state interest in expulsion to carry the day. This is symptomatic of Strasbourg’s deference to state sovereignty in the realm of migration. While the ECtHR has issued a number of landmark rulings roundly vindicating migrants’ rights, these are the exception to the rule of Strasbourg’s deference to state powers of immigration control. This approach has far-reaching implications for migrants in the member states of the Council of Europe. The article concludes by highlighting the tools at the Court’s disposal that could be employed to construct a more human rights-consistent approach in this strand of jurisprudence, which is an issue all the more relevant in light of the growing number of migrants seeking to establish a life in Europe.
  • Topic: Human Rights, International Law, Migration, Sovereignty, Courts
  • Political Geography: Europe, France
  • Author: Itamar Mann
  • Publication Date: 04-2018
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article explores the trope of the ‘legal black hole’ to reveal questions of legal theory arising from contemporary migrant drownings. The theme was popularized during what was then called the ‘war on terror’, but its trajectory is longer and more complex. Its material history, as well as its intellectual history within legal scholarship, suggest three distinct ‘legacies’ of legal black holes: the counterterrorism legacy; the migrant-detention legacy; and the legacy of the maritime legal black hole. The tripartite division provides a conceptual typology of instances where persons are rendered rightless. While the two former types are characterized by de facto rightlessness due to a violation of international law, the latter exposes a seldom acknowledged, yet crucial, characteristic of international law; the age-old doctrine on the division of responsibilities between states and individuals at land and at sea is now creating the conditions in which some people are rendered de jure rightless. Moreover, the typology sheds light on the specifically legal reasons for the seeming failure to end mass drowning of migrants and refugees in the Mediterranean Sea. Tracing the ways in which people become de jure rightless is ultimately suggested as a broader research agenda for scholars of international law.
  • Topic: Human Rights, International Law, Migration, Maritime
  • Political Geography: Europe, Mediterranean
  • Author: Leora Bilsky, Rachel Klagsbrun
  • Publication Date: 04-2018
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Cultural genocide, despite contemporary thinking, is not a new problem in need of normative solution, rather it is as old as the concept of genocide itself. The lens of law and history allows us to see that the original conceptualization of the crime of genocide – as presented by Raphael Lemkin – gave cultural genocide centre stage. As Nazi crime was a methodical attempt to destroy a group and as what makes up a group’s identity is its culture, for Lemkin, the essence of genocide was cultural. Yet the final text of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) does not prohibit cultural genocide as such, and it is limited to its physical and biological aspects. What led to this exclusion? In this article, we examine the various junctures of law, politics and history in which the concept was shaped: the original conceptualization by Lemkin; litigation in national and international criminal courts and the drafting process of the Genocide Convention. In the last part, we return to the mostly forgotten struggle for cultural restitution (books, archives and works of art) fought by Jewish organizations after the Holocaust as a countermeasure to cultural genocide. Read together, these various struggles uncover a robust understanding of cultural genocide, which was once repressed by international law and now returns to haunt us by the demands of groups for recognition and protection.
  • Topic: Genocide, International Law, History, Culture, Courts, Holocaust
  • Political Geography: Europe, Germany
  • Author: Alexandra Adams
  • Publication Date: 07-2018
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The article analyses the over 20 years’ jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda with respect to the crime of rape. It discusses how the attitude towards the prosecution of sexual crimes has changed since the Tribunals work began and what impact its jurisprudence has had on other attempts to define rape (elements of crime [EOC]). The article explores in depth the various definitions of rape given by the different chambers of both Tribunals. Consequently, it examines if the ultimate definition of the Kunarac chamber will prevail in international law. Not only are the weaknesses of the Kunarac definition that followed a pure consent approach revealed but the EOC of rape that opted for a combination of the coercion approach with one aspect of the lack-of-consent doctrine (incapacity) also face criticism. This leaves only one response – namely, that the elements of rape in international criminal law today can only be based upon a newly conducted comparison of national laws, thereby reflecting the general principles of the major legal systems of the world. The strongest accomplishment of both Tribunals concerning the crime of rape therefore lies not in the clarification of the elements of rape but, rather, in the revelation of a law-finding method, which is indispensable to the rudimentary field of international criminal law.
  • Topic: International Law, War Crimes, Gender Based Violence , Courts, Rape
  • Political Geography: Europe, Yugoslavia, Rwanda
  • Author: Veronika Fikfak
  • Publication Date: 10-2018
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Regardless of the efforts undertaken through the many reforms of the European Convention on Human Rights system, non-compliance with the judgments of the European Court of Human Rights (ECtHR) remains a major problem for the Council of Europe. This article asks how we can change state behaviour and what role, if any, could damages play in this context. First, the article focuses on how the choice of remedy affects compliance and why aggravated or punitive damages look like an ideal option to nudge states into compliance. I explore recent arguments by scholars and judges who argue that the ECtHR should actively shift its approach (or perhaps already has) to nudge state behaviour towards compliance and prevention of future violations. Based on my empirical research, I show that the current case law presents several obstacles to the introduction of such damages. Building on the economic analysis of the law and insights from behavioural sciences, I reveal how the Court’s approach fails to comply with any of the elements needed to incentivize states to change their behaviour. I finally question to what extent aggravated or punitive damages can be efficient within a system that relies on voluntary compliance.
  • Topic: Human Rights, International Law, Reform, Courts
  • Political Geography: Europe, France
  • Author: Asifa Jahangir, Umbreen Javaid
  • Publication Date: 07-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: The war-torn Afghanistan has long suffered from the dynastical contests and fraught economic strategies of foreigners, which instigated constant internal strife and regional instability. The foreign interventions have made this land a sphere of influence and initiated the great game politics sporadically. This paper attempts to examine the historical geostrategic tussles in Afghanistan between international players on the one hand and regional actors on the other hand over control and manipulation of Afghanistan and its surrounding regions through the lens of conceptual framework of unintended consequences approach, which deals with irrational aspect of foreign policy of the states. This study makes interesting contribution to the existing literature of the [old] Great Game of the late 19th century between Czarist Russia and Great Britain or New Great Game by re-conceptualizing this idea into a new concept of the Grand Great Game or the 3G in place of explaining the unintended consequences of the historical events i.e. the Soviet invasion of Afghanistan of 1979, the post-Cold War era when the regional players Pakistan and India got involved in Afghanistan; and the US invasion of Afghanistan of 9/11 incident. The findings of the paper suggest that the unintended consequences of these historical events are bitter than the reality. The foreign interventions have paralyzed the Afghan society and made it more insecure by promoting clandestine terrorist activities and proxies. The interview technique helps to verify the 3G concept and present its unintended consequences. The critical content analysis of the primary and secondary data is of assistance to understand that the current 3G to be not only multidimensional competition, embodying multiple stakeholders but also incorporating complex self-defined rational as well as irrational foreign policy objectives and national interests.
  • Topic: Foreign Policy, Terrorism, History, Power Politics, Territorial Disputes, Taliban, Geopolitics, Military Intervention
  • Political Geography: Pakistan, Afghanistan, Europe, South Asia, India, Punjab, United States of America
  • Author: Alejandro Chehtman
  • Publication Date: 01-2017
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Drones constitute an incremental advance in weapons systems. They are able to significantly reduce overall, as well as collateral, damage. These features seem to have important implications for the permissibility of resorting to military force. In short, drones would seem to expand the right to resort to military force compared to alternative weapons systems by making resorting to force proportionate in a wider set of circumstances. This line of reasoning has significant relevance in many contemporary conflicts. This article challenges this conclusion. It argues that resorting to military force through drones in contemporary asymmetrical conflicts would usually be disproportionate. The reason for this is twofold. First, under conditions of radical asymmetry, drones may not be discriminatory enough, and, thereby, collateral damage would still be disproportionate. Second, their perceived advantages in terms of greater discrimination are counteracted by the lesser chance of success in achieving the just cause for war. As a result, resorting to military force through drones in contemporary asymmetrical conflicts would generally be disproportionate not because of the harm they would expectedly cause but, rather, because of the limited harm they are ultimately able to prevent. On the basis of normative argument and empirical data, this article ultimately shows that we need to revise our understanding of proportionality not only at the level of moral argument but also in international law.
  • Topic: International Law, War, Military Affairs, Weapons , Drones
  • Political Geography: Afghanistan, United States, Europe
  • Author: Noëlle Quénivet
  • Publication Date: 04-2017
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article investigates whether international law prohibits the prosecution of children for war crimes and, if it does not, whether it should do so. In particular, the interplay between restorative and retributive post-conflict justice mechanisms, on the one hand, and juvenile rehabilitative justice mechanisms, on the other, is discussed in detail. The article suggests that in certain, narrow, circumstances children having committed war crimes should be prosecuted.
  • Topic: Conflict Resolution, Human Rights, International Law, Children, War Crimes, Transitional Justice
  • Political Geography: Afghanistan, Europe, Democratic Republic of Congo
  • Author: Merris Amos
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: National debates concerning the appropriate role of the European Court of Human Rights (ECtHR) in the United Kingdom (UK) recently intensified with the suggestion by the government that the UK might leave the European Convention on Human Rights system. It has been argued that a British Bill of Rights, to replace the current system of national human rights protection provided by the Human Rights Act 1998, would provide better protection than the ECtHR, making its role in the national system redundant. Claiming that the ECtHR is legitimate and has an impact that is usually illustrated by the transformative power of judgments more than 10 years’ old, have not provided a convincing answer to this claim. In this article, rather than legitimacy or impact, the value of the ECtHR to the objective of protecting human rights through law is assessed. Three different levels of value are identified from the relevant literature and then applied to the judgments of the Court concerning the UK from 2011 to 2015 to determine what has happened in practice. It is concluded that given that the UK government’s objective remains to protect human rights through law, although some types of value are now more relevant than others, overall the potential value of the Court to the UK in achieving this objective is still clearly evident.
  • Topic: Human Rights, International Law, Courts
  • Political Geography: United Kingdom, Europe
  • Author: Luke Glanville
  • Publication Date: 10-2017
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: While histories of human rights have proliferated in recent decades, little attention has been given to the history of thinking about duties to protect these rights beyond sovereign borders. We have a good understanding of the history of duties of sovereign states to ensure the safety and well-being of their own citizens and of the right of other states to forcefully intervene when these duties are violated. But the story of the development of thinking about duties to assist and protect the vulnerable beyond borders remains to be told. This article defends the importance of excavating and examining past thinking about these duties. It then sketches key aspects of Western natural law thinking about such duties, from Francisco de Vitoria through to Immanuel Kant, claiming that such study holds the promise of exposing from where ideas that prevail in international law and politics have come and retrieving alternative ideas that have been long forgotten but that may reward renewed consideration. It concludes by briefly outlining how three such retrieved ideas might be of particular use for those seeking to push international law and politics in a more just direction today.
  • Topic: Human Rights, International Law, Sovereignty, History, Humanitarian Intervention, Philosophy
  • Political Geography: Europe, Global Focus
  • Author: Catherine O'Rourke
  • Publication Date: 10-2017
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: While international law has typically waxed and waned in feminist favours, contemporary feminist engagements reveal a strongly critical, reflective thrust about the costs of engaging international law and the quality of ostensible gains. To inform this reflection, this article draws on feminist scholarship in international law – and a specific feminist campaign for the implementation of United Nations Security Council Resolution 1325 (2000) on Women, Peace and Security in Northern Ireland – to distil three distinct feminist understandings of international law that underpin both theory and advocacy. International law is understood, first, as a system of rules to which states are bound; second, as an avenue for the articulation of shared feminist values; and, third, as a political tool to advance feminist demands. The study finds that feminist doctrinalists, and those working within the institutions of international law, share concerns about the resolution’s legal deficiencies and the broader place of the Security Council within international law-making. These concerns, however, are largely remote for local feminist activists, who recognize in the resolution important political resources to support their mobilization, their alliances with others and, ultimately, it is hoped, their engagement with state actors. The article concludes that critical reflection on feminist strategy in international law is usefully informed by more deliberate consideration of its legal, political and normative dimensions as well as by an awareness that these dimensions will be differently weighted by differently situated feminist actors.
  • Topic: International Law, United Nations, Women, Feminism
  • Political Geography: Europe, Northern Ireland
  • Author: Charles Leben
  • Publication Date: 01-2016
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • 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, Judaism
  • Political Geography: Europe, Mediterranean
  • Author: Timothy Meyer
  • Publication Date: 01-2016
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article argues that the form of international agreements – binding hard law agreements versus non-binding soft law agreements – can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyse the conditions – uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power – under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation rather than support it, as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the 20th century, partially explaining the increased importance of soft law to contemporary international governance.
  • Topic: International Relations, International Law, International Trade and Finance, Treaties and Agreements, United Nations
  • Political Geography: Europe, United Nations, Global Focus
  • Author: Timothy Meyer
  • Publication Date: 01-2016
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article argues that the form of international agreements – binding hard law agreements versus non-binding soft law agreements – can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyse the conditions – uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power – under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation rather than support it, as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the 20th century, partially explaining the increased importance of soft law to contemporary international governance.
  • Topic: International Law, International Trade and Finance, Treaties and Agreements, United Nations
  • Political Geography: Europe, United Nations, Global Focus
  • Author: Nora Markard
  • Publication Date: 07-2016
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The EU and its member states are progressively involving third countries in their border control measures at sea. Relevant instruments of cooperative migration control range from capacity building measures to joint patrols in third-country territorial waters and shared surveillance intelligence on ship movements. So far, the discussion on migration control at sea has mainly focused on the illegality of ‘push-backs’ of migrant boats by EU member states to their point of departure. By contrast, the increasing incidence of departure prevention or ‘pull-backs’ by third countries in the service of EU member states has been largely neglected. In particular, such measures raise grave concerns with respect to the right to leave any country, including one’s own. Of central importance during the Cold War, this human right is of no lesser relevance at Europe’s outer borders. This paper explores to what extent departure prevention and pull-back measures are compatible with the right to leave and the law of the sea and discusses the responsibility of EU member states for internationally wrongful acts committed by third countries in such cooperative migration control scenarios.
  • Topic: Human Rights, International Law, Migration, Border Control, Maritime
  • Political Geography: Europe, European Union
  • Author: Simon Chesterman
  • Publication Date: 10-2016
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Asian states are the least likely of any regional grouping to be party to most international obligations or to have representation reflecting their number and size in international or ganizations. That is despite the fact that Asian states have arguably benefited most from the security and economic dividends provided by international law and institutions. This article explores the reasons for Asia’s under-participation and under-representation. The first part traces the history of Asia’s engagement with international law. The second part assesses Asia’s current engagement with international law and institutions, examining whether its under-participation and under-representation is in fact significant and how it might be explained. The third part considers possible future developments based on three different scenarios, referred to here as status quo, divergence and convergence. Convergence is held to be the most likely future, indicating adaptation on the part of Asian states as well as on the part of the international legal order.
  • Topic: International Law, International Organization, History, Courts, Colonialism
  • Political Geography: Japan, China, Europe, India, Asia
  • Author: Thomas H. Mayor
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: Karl Marx formulated his ideas in the middle of the 19th century when much of Europe, particularly England, was well along in what is often referred to as the Industrial Revolution. The central Marxist idea was that those who had wealth would reap the benefit of this revolution and become ever more wealthy while those who lived from their labor alone would be relegated to a bare subsistence. In his view, capital accumulation and increases in productivity do not benefit those who work for a living. Allegedly, those who own the means of production (wealth) and supposedly perform no work, receive all the benefits.
  • Topic: Government
  • Political Geography: Europe, England
  • Author: Edmund S. Phelps
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: In his most recent tome, Edmund Phelps, the 2006 Nobel Laureate in Economic Science, addresses a topic crucial to successful national capitalist systems: the dynamics of the innovation process. Phelps develops his thesis around three main themes: In part one, he explains the development of the modern economies as they form the core of early—19th century societies in the West; in part two, he explores the lure of socialism and corporatism as competing systems to modern capitalism; and, in part three, he reviews post-1960s evidence of decline in dynamism in Western capitalist countries.
  • Topic: Economics
  • Political Geography: United States, Europe
  • Author: Felix Germain
  • Publication Date: 01-2015
  • Content Type: Journal Article
  • Journal: Political Science Quarterly
  • Institution: Academy of Political Science
  • Abstract: In this well-written book, Saladin Ambar adds substance to the extensive literature on Malcolm X. Retracing the steps of Malcolm X in France and England, where he debated at the Oxford Student Society, Ambar contends that the debate comprises the foundation of Malcolm X's political philosophy, particularly the one he espoused at the end of his life. Indeed, during this important debate, not only did Malcolm X outline a notion of humanity based on a universal principal of equality, but he also described the struggle for equality in the United States, Europe, and Africa as an emancipatory process for both the oppressor and the oppressed. - See more at: http://www.psqonline.org/article.cfm?IDArticle=19336#sthash.O9m49nRo.dpuf
  • Topic: Politics
  • Political Geography: Africa, United States, Europe, England
  • Author: Andrew Glencross
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: International Affairs
  • Institution: Chatham House
  • Abstract: This article scrutinizes the merits of holding a referendum over UK membership of the EU. It queries the assumption that direct democracy can somehow resolve the longstanding Europe question in British politics. To do this, the analysis traces the existence of an exceptionalist approach to the EU within Britain, now associated with re-negotiating UK membership in the shadow of a referendum. The article argues that the prospects for a radical reconfiguration of the UK's treaty obligations are slim, thereby increasing the risk of a vote to withdraw. Yet withdrawal would be the opposite of a simple solution to the Europe question. Political and economic interests dictate lengthy politicking over a highly complex post-Brexit settlement revisiting free movement of goods, services, capital and people. Such negotiations undermine any mooted cathartic benefits of a popular vote, while Eurosceptics will remain dissatisfied in the event of a yes, a result likely to further destabilize the Conservative Party. Consequently, the simplicity and decisiveness that a referendum—particularly one that spurns the EU—promises is merely a mirage as relations with the EU necessarily form part of an enduring British political conversation.
  • Topic: Politics
  • Political Geography: Britain, Europe
  • Author: David Blagden
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: International Affairs
  • Institution: Chatham House
  • Abstract: The international system is returning to multipolarity—a situation of multiple Great Powers—drawing the post-Cold War 'unipolar moment' of comprehensive US political, economic and military dominance to an end. The rise of new Great Powers, namely the 'BRICs'—Brazil, Russia, India, and most importantly, China—and the return of multipolarity at the global level in turn carries security implications for western Europe. While peaceful political relations within the European Union have attained a remarkable level of strategic, institutional and normative embeddedness, there are five factors associated with a return of Great Power competition in the wider world that may negatively impact on the western European strategic environment: the resurgence of an increasingly belligerent Russia; the erosion of the US military commitment to Europe; the risk of international military crises with the potential to embroil European states; the elevated incentive for states to acquire nuclear weapons; and the vulnerability of economically vital European sea lines and supply chains. These five factors must, in turn, be reflected in European states' strategic behaviour. In particular, for the United Kingdom—one of western Europe's two principal military powers, and its only insular (offshore) power—the return of Great Power competition at the global level suggests that a return to offshore balancing would be a more appropriate choice than an ongoing commitment to direct military interventions of the kind that have characterized post-2001 British strategy.
  • Topic: Security, Cold War
  • Political Geography: Russia, China, Europe, Brazil
  • 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, Nuclear Weapons
  • Political Geography: United States, Europe, Germany, West Germany
  • 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, Domestic politics
  • Political Geography: Europe, Asia, Georgia, Global Focus
  • 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, Grand Strategy
  • Political Geography: United States, Europe, Soviet Union, Germany
  • Author: Stefano Costalli, 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, Armed Struggle
  • Political Geography: Europe, Italy
  • Author: Olexiy Haran, Maria Zolkina
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Mass protests in Maidan, the central square of Kyiv, during the bitter cold winter of 2013-2014, known as 'Euromaidan' or 'Revolution of Dignity' were non-violent for more than two months. The demonstrations began when, under Russian pressure, former President Viktor Yanukovych abruptly resisted in signing the long promised Association Agreement with the EU. However, when President Yanukovych, reputed for his corruption and authoritarian style, responded to the peaceful protests by violent repression, Euromaidan quickly moved beyond its initial slogans and demanded the president's resignation. In February 2014, after security forces started to shoot protesters, Ukraine became one of the only countries in the world where a hundred people died “under the EU flags” defending democracy and the European choice. In this context, according to the agreement signed on February 21, 2014, between the opposition and President Yanukovych, the parliament returned to the 2004 constitutional reform and, consequently, combined a parliamentary-presidential form of government. The 2004 constitutional reform had previously been unconstitutionally abolished by President Yanukovych in 2010 and its restoration was among the main demands of the Euromaidan.
  • Topic: Government
  • Political Geography: Europe, Ukraine
  • Author: Canan Balkir, İlkay Südaş
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: As a country in transition from emigration to immigration, Turkey hosts many diverse migrant groups, creating a very dynamic research field to explore. Amongst them, European retirees have settled in the coastal Turkish Riviera. This paper tries to understand the perspectives of both retired EU migrants and local hosts on migration and settlement processes. After briefly describing the geographical distribution of EU citizens in Turkey, the paper focuses on the demographic characteristics and socio-economic integration of retired migrants in Antalya, the most popular destination in Turkey.
  • Topic: Economics
  • Political Geography: Europe, Turkey
  • Author: Susan Beth Rottmann
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: In conversation with recent work on transnational social fields, this article explores how Germany and Turkey are linked through a “set of multiple, interlocking, networks of social relationships” . The article examines how the social field affects migrants returning from Germany to Turkey. Specifically, it describes how the transnational social field emerges through a concrete set of economic, political and cultural exchanges. It also illustrates that the social field is a space of imaginations of Germany and Turkey, reflecting and producing citizens' uncertainties about the “Europeanness”. For German-Turkish return migrants, the transnational social field exacerbates conflicts with non-migrants and fosters anxieties about migrants' “Germanization” and loss of “Turkishness.” Ultimately, this research shows that Turkish citizens remain deeply concerned about the meaning of modernity, Muslim citizenship in Germany, and Turkey's current and future position in Europe.
  • Topic: Economics
  • Political Geography: Europe, Turkey, Germany
  • Author: Judith Zijlstra
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: This article discusses Turkey's increasing role as a country of immigration by using the case study of Iranian migration to Turkey. While Turkey predominantly functions as a transit country for Iranians on their way to the West, this article will focus on a small group of Iranian migrants who went to Turkey with the purpose of transit but eventually settled down in the country. At the same time, the article investigates the concepts of “transit” and “settlement” among a growing group of Iranian students who entered Turkish universities in recent years. In which ways can these students be compared to other Iranian migrants in Turkey? And to what extent are Turkey's institutions for higher education becoming an easy channel for migrants looking for ways to leave their home country?
  • Topic: Migration
  • Political Geography: Europe, Iran, Turkey
  • Author: Emilian Kavalski
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: The discussion of China's growing prominence in international life has attracted the increasing attention of policy-makers, the public and scholars alike. Usually sidelined by the mainstream, such interest in China's role and position in global politics has grown exponentially in the context of the deepening concomitant economic, social and political crises across Europe and North America – which, until very recently, were considered the traditional locales of power and influence in world politics. Indicative of the emerging weight and significance of non-Western actors on the global stage, the trend set by China seems to challenge the conventional framework of the study and practice of International Relations (IR).
  • Topic: International Relations, Economics
  • Political Geography: China, Europe, North America
  • Author: Niklas Helwig, Carolin Rüger
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: When Catherine Ashton took up office as High Representative of the Union for Foreign Affairs and Security Policy (HR), she met with high expectations - and much disappointment. As the first incumbent of the remodelled position, she had the chance to leave a legacy for her successor, but faced an unclear job description. What was the HR's role in EU foreign policy? It is argued that the HR acted as a diplomat and manager of EU external action, while her role performance in co-leadership and brokering were less successful. Role expectations and performance entered a fragile equilibrium at the end of Ashton's tenure. However, the future role of the HR might shift more towards a co-leader of EU foreign policy.
  • Topic: Security, Foreign Policy
  • Political Geography: Europe
  • Author: Uwe Puetter
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The Lisbon Treaty fundamentally changed the presidency regime of the European Union at the expense of one of the oldest and most central institutions of European integration: the rotating presidency. The chair positions of the European Council, the Foreign Affairs Council and the Eurogroup have been decoupled from the rotating presidency. Understanding the reduced role of the rotating presidency requires attention for the changing dynamics of EU policymaking, especially for the new intergovernmentalism which implies decision-making outside the classic community method and for the rise of the European Council to the status of a lead institution.
  • Topic: Government
  • Political Geography: Europe, Lisbon
  • Author: Heather Grabbe, Nadja Groot
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The 2014 elections brought a record number of xenophobic populist parties into the European Parliament (EP). They have a strong incentive to be more united and active than in previous terms, and they could use the Parliament to shape voter attitudes, pressure mainstream parties to adopt more xenophobic rhetoric, fragment the mainstream right, and obstruct parliamentary proceedings. The rise of xenophobic populism could affect the open society through the EU's policies and budget if it alters EP debates on issues that split left and right, particularly Roma exclusion, migration and asylum, and EU external policies and development aid.
  • Topic: Development
  • Political Geography: Europe
  • Author: Ivan Krastev
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The European elections failed to mobilise public support for the European project. Despite the strong showing of populist parties in the European Parliament, there are indications that the European Union would rather be transformed than destroyed by the current political crisis.
  • Topic: Politics
  • Political Geography: Europe
  • Author: Geoffrey Pridham
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The European Union has a unique opportunity to develop a positive strategy towards Ukraine. A pro-EU government is now in power in Kyiv, there is a revived civil society pressing for democratic reforms and the actions by Russia have both reinforced Ukraine's pro-West line and led to the priority given Moscow being questioned by some member states. It is therefore essential to grant Ukraine a membership perspective to strengthen this trend and encourage Kyiv to confront and overcome the basic problems that face the country.
  • Topic: International Relations, Government, Reform
  • Political Geography: Russia, Europe, Ukraine, Moscow
  • Author: Ondrej Ditrych
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The crisis in Ukraine has turned the tables of the post-Cold War relationship between the United States and Russia. The ongoing transformation can result in a number of outcomes, which can be conceived in terms of scenarios of normalisation, escalation and 'cold peace' - the latter two scenarios being much more probable than the first. NATO ought to shore up its defences in Central and Eastern Europe while Washington and its allies engage in a comprehensive political strategy of 'new containment'. This means combining political and economic stabilisation of the transatlantic area with credible offers of benefits to partners in the East and pragmatic relations with Russia which are neither instrumentalised (as was the case with the 'reset') nor naïvely conceived as a 'partnership'.
  • Topic: International Relations, NATO, Cold War, Economics
  • Political Geography: Russia, United States, Europe, Washington, Ukraine
  • Author: Serena Giusti, Enrico Fassi
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The European Endowment for Democracy (EED) is a recently established instrument of democracy promotion intended to complement existing EU tools. Fashioned after the US National Endowment for Democracy, the EED's privileged area of action is the European neighbourhood. Meant as a small rapid-response, actor-oriented 'niche' initiative, its main task is to select those actors, from both civil and political society able to produce a change in their country. The EED represents a step forward in the EU's capacity to foster democracy, but does not necessarily go in the direction of more rationality and effectiveness. Not all EU member states support the EED with the same enthusiasm and it is still not clear how it fits into the EU's overall democracy promotion architecture. Its actions may be successful in a very constrained timeframe. However, recent crises at the EU's borders would seem to call for a strategy that takes into consideration systemic hindrances, post-regime change complexities, regional dynamics and finally rival plans of autocracy promotion.
  • Political Geography: United States, Europe
  • Author: Jean-Pierre Cassarino
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Readmission is not simply a means of removing undesirable foreigners through coercive methods. When viewed as a way of ensuring the temporary stay of foreign workers in the labour markets of European destination countries, readmission may also impact on the participatory rights of a growing number of native workers facing equally temporary (and precarious) labour conditions, in a context marked by employment deregulation and wage flexibility. These implications have clear democratic significance. A new analytical perspective applied to the expansion and development of the readmission system, is aimed at promoting a reflection on an unexplored research area bridging the gap between labour migration regulation and labour market deregulation.
  • Topic: Development
  • Political Geography: Europe
  • Author: Anna Triandafyllidou, Angeliki Dimitriadi
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: EU migration and asylum policy is facing tough challenges at the southern borders of the Union as migration and asylum pressures rise, fuelled by political instability and poverty in several regions of Asia and Africa. Current European border control practices create three spaces of control: externalised borders, through readmission and return agreements which enrol third countries in border control; the EU borders themselves through the work of Frontex and the development of a whole arsenal of technology tools for controlling mobility to and from the EU; and the Schengen area, whose regulations tend to reinforce deterrence at the borders through the Smart Border System. As a result, the EU's balancing act between irregular migration control and protection of refugees and human life clearly tips towards the former, even if it pays lip service to the latter. More options for mobility across the Mediterranean and more cooperation for growth are essential ingredients of a sustainable migration management policy on the EU's southern borders. In addition asylum management could benefit from EU level humanitarian visas issued at countries of origin.
  • Topic: Development, Migration
  • Political Geography: Africa, Europe, Asia, Cameroon
  • Author: Elena Baracani
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Review of: Is the EU Doomed?, by Jan Zielonka, Polity Press, 2014.
  • Political Geography: Europe
  • Author: Oliver Geden, Severin Fischer
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: For many years, the EU pursued the strategy of 'leading by example' in international climate negotiations. Climate policy has generally been seen as one of the few policy fields in which the EU is able to develop coherent positions and speak with a single voice. Since the Copenhagen climate summit, however, frictions inside the EU and a paradigm shift have become increasingly evident. With the October 2014 compromise in the European Council on a new framework for 2030, the international climate negotiations have become less important and a more incremental domestic approach has prevailed.
  • Political Geography: Europe
  • Author: Tomas Wyns
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Intended nationally determined contributions (INDCs) for mitigation of greenhouse gas emissions are expected to be an important part of a post-2020 climate agreement under the UNFCCC. However, it is not certain yet what these INDCs will contain and how they will be assessed. The EU Emissions Trading System (EU ETS) faced similar challenges in its first years (2005-12). Thus, the mechanisms and lessons learned under the EU ETS could be applied to the INDCs to create a governance and assessment system that increases transparency and builds trust among parties to the UNFCCC.
  • Topic: Climate Change
  • Political Geography: Europe
  • Author: Zhang Xiaotong
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The Chinese policy and academic communities have mixed views about the US-led TPP, either viewing it as a strategic attempt at encircling China, or as a positive spur for domestic reform and opening-up. Although the Chinese government adopted an open and flexible attitude towards the TPP, it has moved strategically by accelerating the negotiations of the RCEP and China-Korea FTA, as well as updating its FTA with ASEAN. A more interesting development is China's new initiatives for building two grand silk roads, one to Central Asia, leading on to Europe, and the other to Southeast Asia, leading on to the Indian Ocean. Both represent China's renewed confidence in finding its role in Asia.
  • Topic: Government
  • Political Geography: China, Europe, Asia
  • Author: Douglas Lute
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Ambassadors Review
  • Institution: Council of American Ambassadors
  • Abstract: At the North Atlantic Treaty Organization (NATO) Summit in Wales on September 4-5, 2014, NATO leaders were clear about the security challenges on the Alliance's borders. In the East, Russia's actions threaten our vision of a Europe that is whole, free, and at peace. On the Alliance's southeastern border, the Islamic State of Iraq and the Levant's campaign of terror poses a threat to the stability of the Middle East and beyond. To the south, across the Mediterranean, Libya is becoming increasingly unstable.
  • Topic: NATO
  • Political Geography: Europe, Middle East, Libya
  • Author: Daniel V. Speckhard
  • Publication Date: 09-2015
  • Content Type: Journal Article
  • Journal: Ambassadors Review
  • Institution: Council of American Ambassadors
  • Abstract: After serving for two challenging years in the chaos of a war zone as the Deputy Chief of Mission in Iraq, I received word that I would become the next Ambassador to Greece. To be quite honest, I had mixed feelings. I looked forward to the challenge, but I imagined the post would be too sedate compared with the adrenalin-charged days and world-shaping events in Iraq. It was anything but. Within a year of my arrival, the streets were aflame with violent protests over a police shooting of a teenager. A year later, snap elections brought a socialist government to power. And soon thereafter, the onion was further peeled to expose a financial crisis and a crumbling economic foundation built on a corrupt, oligarchic, and debt-addicted system fed by billions of dollars of public and private EU loans and grants.
  • Topic: Corruption, Economics, Politics, Financial Crisis, European Union
  • Political Geography: Europe, Greece
  • Author: N. Nevra Esentürk
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: Alternatives: Turkish Journal of International Relations
  • Institution: Center for International Conflict Resolution at Yalova University
  • Abstract: EU governance is characterized as a multi-level system in which various actors are involved in the policy-making procedure at multiple levels in a non-hierarchical way. During the course of the European integration process, EU governance has been brought forward as a response to the citizens' quest for a legitimacy through enhanced democratization in the decision-making mechanisms and as a tool that would increase the leverage and competitiveness of the EU to have an efficient way of functioning for the enlargement of the Union. In that respect, the legitimacy and the representative power of the EU and its institutions are put under scrutiny, as powerful and at the same time efficient decision-making mechanisms are necessary for the EU. However, although significant changes are enshrined in the Lisbon Treaty regarding the decision-making procedure and policy outcomes, it has been limited with struggle between cooperation and competition at vertical and horizontal levels under the shadow of supranational hierarchy that has created mistrust on the EU institutions and decision-making structures from the perspective of citizens. The article addresses this issue on the grounds of the reasons and the circumstances in which EU governance emerged, the principles and characteristics it is based on, the means and ways it utilizes, and the effects on the decisionmaking process of the EU.
  • Political Geography: Europe, Lisbon
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: From time to time, we are asked about the relationship between EJIL and the European Society of International Law (ESIL). That relationship is simple: the Journal and the Society are two separate, but mutually supportive and complementary entities. Indeed, past and present EJIL Editors can boast, with parental pride, of having been present at the conception, as well as the birth, of the Society! From its inception, membership in ESIL has included automatic online and print subscriptions to EJIL – including very soon a tablet version.The relationship has only strengthened in recent years, with ESIL Presidents and Presidents-elect serving ex officio on the EJIL Board. It is in the spirit of that growing bond that we wholeheartedly share in ESIL's 10-year celebrations, and have invited the following Guest Editorial from its leadership.
  • Topic: International Relations
  • Political Geography: Europe
  • Author: Lauri Mälksoo
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This introductory article opens the symposium which examines the legacy of the Russian international lawyer Friedrich Fromhold von (or Fyodor Fyodorovich) Martens (1845–1909). In the first section, the article critically reviews previous research and literature on Martens and discusses the importance of the Martens diaries that are preserved in a Moscow archive. In the second section, the article offers an intellectual portrait of Martens and analyses the main elements in his international legal theory as expressed in his textbook. In particular, his claim that international law was applicable only between 'civilized states' is illuminated and discussed.
  • Topic: International Law
  • Political Geography: Russia, Europe
  • Author: Rein Müllerson
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article concentrates on two controversial aspects of the writings of Friedrich Fromhold Martens – his treatment of the so-called mission civilisatrice of European nations and the potential clash of the two roles an international lawyer may have to perform: in the service of international law and representing national interests of his/her country or other clients. Both of these aspects in Martens' work have not lost their topicality; it is illuminating to draw parallels between his time and today's world.
  • Topic: International Law
  • Political Geography: Europe
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: There was an error in the title of this article. The correct title is: The Venice Commission of the Council of Europe – Standards and Impact. The title has been corrected in the online version of EJIL. The publishers would like to apologize for this error and for any confusion caused.
  • Political Geography: Europe
  • Author: Stéphanie Hennette Vauchez
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Building on the heightened attention that the optic of judicial selection receives in the world of international courts, this article focuses its attention on one particular criterion that is gaining in importance in that respect: gender. By choosing the European Court of Human Rights as a case in point, the article provides a unique analysis of the history of the 2004 Resolution of the Council of Europe's parliamentary assembly that formulated a rule of gender balance on the list of candidates presented by states for the post of judge at the Court. It first unearths the dynamics that allowed the adoption of the rule as well as all of the fierce opposition it triggered as well as the ways in which counter-mobilization eventually prevailed and watered down the initial rule, with the help of states, the Committee of Ministers and the Court itself (which delivered its first advisory opinion on the topic in 2008). It then looks beyond the static analysis of the rule as a mere constraint and addresses in a more dynamic fashion the multiple interpretations, strategies and, ultimately, politics it opens up. By providing a unique qualitative, comparative and exhaustive analysis of the curriculum vitae of all the 120-odd women who were ever listed as candidates to the Strasbourg judicial bench (1959–2012), the article delivers original data and analyses both the features that women candidates put forth when listed for the job and the strategies of states with regard to the gender criterion. It concludes that while there is a strong proportion of candidates that support the notion that states do not differentiate according to gender or require different qualities from men and women candidates, there is a comparable proposition that contrarily indicates that the world of international judicial appointments is far from gender neutral.
  • Topic: Human Rights, Politics
  • Political Geography: Europe
  • Author: Françoise Tulkens
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Having spent almost 14 years as a judge at the European Court of Human Rights, the author responds to and shares the critical view expressed by Hennette Vauchez in her article on the presence of women judges at the European Court of Human Rights. Some steps forward have admittedly been made through the voluntary action of the Council of Europe Parliamentary Assembly, but there has also been resistance in the implementation of these new rules. The gains are fragile and there are risks of regression. This situation confirms Kenney's analysis: women's progress is not natural, inevitable nor irreversible. A reaction is all the more necessary and urgent since, in the coming months of 2015 and subsequently, many elections of judges to the Court will take place, due in particular to the non-renewable nine-year term of office of judges introduced by Protocol No. 14 to the European Convention on Human Rights.
  • Topic: Human Rights
  • Political Geography: Europe
  • Author: Fionnuala Ní Aoláin
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article responds to a thoughtful intervention by Stéphanie Hennette Vauchez documenting the selection process for women seeking judicial appointment to the European Court of Human Rights. Written in the context of the author's experience as candidate for appointment to the Court, the analysis concentrates on the gendered dimensions of international institutional cultures, habits and practices that frame selection to judicial office as much as any formally applicable rules. I explore the ways in which ostensible access to international judicial bodies conceals the manifold ways in which Courts are coded masculine, and how female candidacy requires careful deliberation on performance, presentation and identity. Drawing on 'new institutionalism' theory, I underscore that female presence alone rarely undoes embedded institutional practices. Rather, transforming institutional practices and values must parallel female presence, thereby redefining the institution and the forms of power it exercises. The article concludes by reflecting on the importance of feminist judging, and argues that it is precisely the transformative political and legal changes sought by self-defined feminists that may stand the best chance of undoing the structures, habits and practices that continue to exclude women from being appointed and from engaging on terms of full equality when they arrive.
  • Topic: Human Rights
  • Political Geography: Europe
  • Author: Paolo Lobba
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Litigation concerning domestic restrictions on Holocaust denial has produced a 30-year-long jurisprudence of the European Court and European Commission of Human Rights. In spite of solemnly declared principles on free speech, the Strasbourg organs have progressively developed an exceptional regime in this regard based on the 'abuse clause' envisaged under Article 17. Had this detrimental treatment remained confined to its original sphere, it could have perhaps been considered as a negligible issue. However, the scope of the abuse clause was extended to encompass a growing class of utterances, including the denial of historical facts other than the Nazi genocide. This piece begins by examining the Strasbourg case law on Holocaust denial, with a view to enucleating the effects, scope and conditions of applicability of the special regime based upon Article 17. Once the shortcomings implied by this detrimental discipline have been exposed, it shall be argued that all expressions should be dealt with under the ordinary necessity test, in which the abuse clause ought to operate as an interpretative principle. In the alternative, and as a minimum, the Court should pay due regard to the political and social context of the country where restrictions on free speech were enforced, setting aside the uniquely harsh treatment reserved for Holocaust denial.
  • Topic: Genocide, Human Rights
  • Political Geography: Europe
  • Author: Bernard M. Hoekman, Petros C. Mavroidis
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • 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, Law
  • Political Geography: Europe, Italy
  • Author: Kirsty Gover
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, rights that do not derive from those bargains threaten to undermine them. This is especially true of self-governance and collective property rights, which are corporate rights vested to historically continuous indigenous groups. Since these rights cannot easily be reconciled with the equality and non-discrimination principles that underpin mainstream human rights law, settler governments must navigate two modes of liberalism: the first directed to the conduct of prospective governance in accordance with human rights and the rule of law and the second directed to the reparative goal of properly constituting a settler body politic and completing the constitution of the settler state by acquiring indigenous consent. Agreements help to navigate this tension, by insulating indigenous and human rights regimes from one another, albeit in ways not always supported by the UNDRIP.
  • Topic: Human Rights, International Law, United Nations, Governance
  • Political Geography: Europe, Canada, United Nations, Australia, New Zealand, United States of America
  • Author: Ilias Bantekas
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: Ottoman state practice in the field of state succession in the 19th century displayed strict adherence to the European notions of international law. This is evident from the ratification of cession treaties, attention to reciprocity, the use of mediation and reliance on the existing laws of war principles, including the legal effects of occupation, conquest and the rights and duties of belligerents. This article focuses on state succession treaties with Greece since they represented the paradigm for all future treaties, and it examines the Islamic origin of Ottoman land regulation. The Ottomans succeeded in attaching a further condition to their cession arrangements with the new Greek state, namely the latter’s obligation to respect the property rights of Muslim citizens. This arrangement brought into play the application of Ottoman land law, to which Greece was under no obligation to succeed. This body of law, particularly the set of property rights bestowed under it, became a focal point in the ensuing state succession negotiations. It was the actual basis of Muslim property rights – a precursor to contemporary property rights – and a sine qua non element of Ottoman practice in the law of state succession. In this light, Ottoman land law and institutions should correctly be considered to be general principles of law – with origins from the Quran and the early caliphates – as well as regional custom, at least in the territories liberated from Ottoman rule, which continued to apply and enforce it not only among Muslims but also in the property relations of the indigenous ethnic communities.
  • Topic: International Law, Islam, Treaties and Agreements, History, Land Law
  • Political Geography: Europe, Greece, Ottoman Empire
  • Author: Oren Perez
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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, Regulation
  • Political Geography: Europe, Italy
  • Author: Stefan Talmon
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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 , Courts
  • Political Geography: Europe, The Hague
  • Author: Guy Fiti Sinclair
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article argues that the growth of international organizations over the past century has been imagined and carried out in order to make modern states on a broadly Western model. The proliferation of international organizations and the expansion of their legal powers, through both formal and informal means, raise profound questions regarding the relationship between international law’s reforming promise and its imperialist perils. The article proposes a new analytic framework for understanding these phenomena, focusing on the rationalities of international organizations’ powers and the technologies through which they are made operable. It argues that both the growth of international organizations and the cultural processes of state formation are impelled by a dynamic of liberal reform that is at once internal and external to law. That dynamic and the analytic framework proposed here are both illustrated and exemplified through a critical account of the emergence of international organizations in the 19th century.
  • Topic: Imperialism, International Law, International Organization, History , State Formation
  • Political Geography: Europe, United Nations
  • Author: Ilias Plakokefalos
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article addresses the preliminary steps that must be taken in order to study the problems stemming from overdetermination in the law of state responsibility. Overdetermination, broadly defined, is the existence of multiple causes (multiple wrongdoers, external natural causes, contribution to the injury by the victim and so on) contributing towards a harmful outcome. As relationships among states become more and more complex, there is a corresponding increase in the complexity of the potentially harmful outcomes of these relationships. The fact that the harm caused may originate in diverse sources (overdetermination) poses challenges to the law of state responsibility. These challenges pertain to most aspects of state responsibility, yet their dimension regarding causality has not been studied in depth. The confusion surrounding causal analysis conducted by international adjudicatory bodies leads to decisions that are not convincing in their determination of responsibility in causal terms. The argument of the article is twofold. First, it holds that the concept of causation in international law is unclear, especially in relation to overdetermination, and it must be clarified. Second, it holds that a clearer concept of causation can provide useful guidance to the decision-making process of international courts and tribunals: the clear and principled application of causal tests will, in turn, lead to clearer reasoning. A clearer judicial reasoning will improve the foreseeability of the judicial outcome, will provide better guidance for the parties before a court and will lead to a fairer judicial process.
  • Topic: International Relations, International Law, Legal Theory , Courts
  • Political Geography: Europe, The Hague
  • Author: Daniel Joyce
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article considers whether the Internet has become so significant, for the provision of, and access to, information and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of expression. In short, should Internet freedom be configured as a human right? The article begins by considering the ubiquity of the Internet and its significance. A wider historical view is then taken to understand Internet freedom in terms of its lineage and development from earlier debates over freedom of expression and the right to communicate, through to the recognition of the significance of an information society and the need for Internet regulation on the international plane. The current debate over Internet freedom is then analysed with particular focus given to Hillary Clinton’s speech on Internet freedom and its subsequent articulation by Special Rapporteur Frank La Rue. The concluding part introduces the critical work of Evgeny Morozov and Jaron Lanier to an international law audience in order to deepen the debate over Internet freedom and to point to the concept’s limitations and dangers. It is too early to say whether a ‘right to Internet freedom’ has achieved universal recognition, but this article makes the case that it is worth taking seriously and that Internet freedom may need its own category of protection beyond freedom of expression.
  • Topic: Human Rights, International Law, History, Regulation, Internet, Freedom of Expression
  • Political Geography: Europe, Global Focus, United States of America
  • Author: Sungjoon Cho, Thomas H. Lee
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article uses an ongoing trade controversy litigated in US courts and the World Trade Organization dispute resolution system as a vehicle for exploring different models to deal with parallel adjudications in different legal systems between the same or related parties on the same issue. In lieu of more traditional models of subordination or first-to-decide sequencing, the article proposes an engagement model as a solution to the double-courts, single-issue problem.
  • Topic: International Law, International Trade and Finance, World Trade Organization, Courts
  • Political Geography: China, Europe, United States of America
  • Author: Mónica García-Salmones Rovira
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: In this review of three works (Jörg Kammerhofer’s Uncertainty in International Law: A Kelsenian Perspective; Jean d’Aspremont’s Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules ; and International Legal Positivism in a Post-Modern World, a collection of essays edited by Kammerhofer and d'Aspremont), Mónica García-Salmones Rovira argues that: Theological statements about morality and law to the effect that they ought to be autonomous or that they ought to coincide defy reality, history and common sense and suffer from intellectual inconsistency. On the contrary, from our long legal history appear at least two clear facts about the relationship between morality and law. First, they both conflate in the same acting individual. Second, in the legal sphere, the individual always acts in communication with other individuals. Whether one aims at investigating the normative principles of the first fact, of what makes a good lawyer, or of the second, of what makes good law and the related issue of responsibility, we are always thinking in terms of practical action. Probably, it is in that practical province where international law has its greater emancipatory potential in a post-modern world.
  • Topic: Human Rights, International Law, Religion, Legal Theory
  • Political Geography: Europe, Italy
  • Author: Robert Howse
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This rich and erudite work provides a valuable scholarly apparatus for understanding the writing and teaching of four important figures in international law and international relations. Three of them, Hans Kelsen, Hans Morgenthau and Hersch Lauterpacht, are well known; the fourth, Erich Kaufmann, much less so. The general thesis of the book is that to understand fully the personal and intellectual trajectories of all of these figures, one needs to appreciate the specific German–Jewish experience, from emancipation through the Shoah, the particular situation of the Jews in the legal profession and the academy in Germany, and the responses of these thinkers to experiences of persecution, discrimination and exile due to their Jewish family backgrounds as well as to the establishment of the State of Israel.
  • Topic: International Relations, International Law, Judaism, History , Intellectual History, Zionism
  • Political Geography: Europe, Germany, Israel
  • Author: Matthias Goldmann
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: According to mainstream functionalist theories of international law and relations, international organizations are vehicles of states, tied to their masters by meticulous legal instructions. As Jan Klabbers recently pointed out in this journal,1 functionalism was based on the idea of establishing peace by channelling international relations into the purportedly technical, a-political realm of international organizations. Research of the last couple of decades has profoundly rebutted the assumption that international organizations are a-political. They have been discovered, among others, to serve as platforms for the formation of epistemic communities, as agorae for political deliberation and contestation or to use their bureaucratic potential and the flexibility of their mandates to establish a degree of independence from their principals. The book by Tana Johnson, professor of political science at Duke University, adds another important perspective that has not been explored so far. She turns our attention to the fact that institutional design might matter for the international organization’s independence from member states. As chief witness for her thesis, she summons the Intergovernmental Panel on Climate Change (IPCC). Originally a brainchild of the US government, it is today a fairly independent institution fallen from grace with its master. Johnson argues that it owes its independence to the influence of international bureaucracies – that is, staff of other international organizations, upon the process that led to its establishment. The thesis puts the spotlight on the fact that a majority of new international organizations that saw the light of the day during the last decades was fostered by pre-existing international organizations.
  • Topic: International Relations, Climate Change, International Law, International Organization, Governance
  • Political Geography: United States, Europe
  • Author: Rosemary Byrne
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: The claims made by migrants seeking protection under the 1951 Convention Relating to the Status of Refugees (Refugee Convention) have created a staggering body of state practice emerging from the interpretation by national courts of what is the earliest universal human rights treaty. The first edition of James Hathaway’s The Law of Refugee Status, alongside Guy Goodwin-Gill and Jane McAdam’s The Refugee in International Law, is one of the essential texts on every refugee lawyer’s bookshelf. Now in its second edition, co-authored by Hathaway and Michelle Foster, The Law of Refugee Status is likely to maintain its standing.
  • Topic: International Law, Treaties and Agreements, United Nations, Refugees, Courts
  • Political Geography: Europe, United Nations, Mediterranean
  • Author: Eric De Brabandere
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: There clearly is no dearth in publications dealing with the burgeoning field of international investment law. And one might wonder whether another handbook is needed on the subject. Yet Arnaud de Nanteuil’s Droit International de l’investissement has certain features that make the book of particular interest. Notably, it constitutes the first francophone handbook exclusively dedicated to international investment law.
  • Topic: International Law, International Trade and Finance, Treaties and Agreements, Courts
  • Political Geography: Europe, France
  • Author: Peter H. Sand
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: The tale of the Chagos Archipelago (British Indian Ocean Territory, BIOT) raises a wide spectrum of transnational legal questions, all across the fields of human rights, environment and disarmament. Last-born of the Empire’s colonies, the BIOT was established – and systematically depopulated – for the sole purpose of accommodating a strategic US military base during the Cold War years in 1965–1966. The territory has since generated extensive litigation in the national courts of the United Kingdom (UK) and the USA as well as proceedings in the European Court of Human Rights and an arbitration under Annex VII of the Convention on the Law of the Sea (UNCLOS). Stephen Allen, senior lecturer at the University of London’s Queen Mary College, has long followed and commented on legal developments in the Chagos cases as an observer. The focus of his attention remains the plight of the native Chagossians, a small Kreol-speaking people of African and Malgasy origin, whose exile (mainly to Mauritius, the Seychelles and the UK) has lasted for more than 40 years.
  • Topic: Environment, Human Rights, Imperialism, International Law, History, Courts, Disarmament, Displacement
  • Political Geography: Britain, United States, Europe, Chagos Islands
  • Author: Ekaterina Yahyaoui Krivenko
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: A poem by Ekaterina Yahyaoui Krivenko.
  • Topic: Globalization, Human Rights, International Law, Constitution
  • Political Geography: Europe, Global Focus
  • Author: Jaime Tijmes
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The World Trade Organization’s (WTO) Dispute Settlement Understanding (DSU) favours negotiated settlements for disputes. However, arbitrations according to Article 22.6 of the DSU have been carried out as compulsory conventional arbitrations, even though such arbitrations do not offer strong incentives for the parties to reach a settlement. For quite some time, scholars have studied other forms of arbitration that may encourage settlements more strongly, such as final offer arbitration. Yet this form of arbitration has received rather limited attention in the academic discussion about dispute settlement under the WTO. This article explores to what extent final offer arbitration might make sense for settling WTO disputes and concludes that it would be suitable for arbitrations pursuant to Article 22.6 of the DSU, specifically for setting the level of suspension of obligations and, under certain circumstances, for deciding on so-called cross-retaliation pursuant to Article 22.3 of the DSU. Before negotiations start, parties to a dispute should agree on final offer arbitration if arbitration should be deemed necessary. Such an agreement might be expressed in a pre-emptive joint proposal on procedural aspects. Amendment of the DSU would then be unnecessary.
  • Topic: International Law, International Trade and Finance, Treaties and Agreements, World Trade Organization
  • Political Geography: Europe, Global Focus
  • Author: Lorna McGregor
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: The presumption that courts are the principal forum for dispute resolution continues to be eroded. Alternative forms of dispute resolution (ADR), including agreement-based ADR (such as mediation and conciliation) and adjudicative ADR (such as arbitration), continue to proliferate and are increasingly institutionalized, leading to their characterization as ‘appropriate’ or ‘proportionate’ dispute resolution. Interestingly, despite these developments, the position of international human rights law (IHRL) on two key questions regarding ADR and proportionate dispute resolution (PDR) is unclear. These questions are, first, the standards of justice expected of ADR/PDR (whether entered into voluntarily or mandatorily). Second, the permissible circumstances in which parties to a dispute can be required to use ADR/PDR instead of, or before, accessing courts. The attributes and challenges with ADR/PDR have been discussed extensively in socio-legal studies, feminist literature and the dedicated ADR/PDR literature. This article seeks to bring this vast theory on the diversification and institutionalization of dispute resolution into IHRL. Through the lens of the European Court of Human Rights, this article examines the types of tests that supranational bodies currently employ and advances a framework for assessing the choice, design and implementation of ADR/PDR in the future.
  • Topic: Human Rights, International Law, Legal Theory , Courts
  • Political Geography: Europe, France, European Union
  • Author: Catharine Titi
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: For about half a century, the European investment treaty model has been associated with European Union (EU) member states’ bilateral investment treaty practice, often referred to as their ‘best practices’. Member state bilateral investment treaties, which are liberal instruments strongly protective of investor interests, have remained relatively unchanged over the years, in contrast with their North American counterparts, which have come to represent a new type of investment treaty, cognizant for the first time of the contracting parties’ right to regulate. With the entry into force of the Treaty of Lisbon and the exercise of the EU’s new competence over the conclusion of treaties covering foreign direct investment, Europe marks its distances with the old approach of the member states and appears eager to set its own ‘model’. While broadly in harmony with the new generation of North American investment treaties, the nascent EU policy aims to improve international investment law in innovative ways, targeting both substantive and procedural protections, and leading to a yet newer generation of international investment treaties. The present article explores this new EU standard, which is set to change the face of international investment law as we know it.
  • Topic: International Law, Treaties and Agreements, Foreign Direct Investment, European Union
  • Political Geography: Europe, European Union
  • Author: Martins Paparinskis
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: Reasonable people might disagree whether the European Union (EU) is likely to make a significant and commendable contribution to international investment law. This article addresses two issues of relevance for this discussion. First, it considers the appropriateness of evaluating evelopments in international investment law in terms of balance between investor protection and the right to regulate. Second, the contribution of the recent EU practice is briefly examined, finding it less interesting and innovative than one might have expected.
  • Topic: International Law, European Union, Regulation, Finance
  • Political Geography: Europe, European Union
  • Author: Oren Gross
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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, Humanitarian Intervention
  • Political Geography: Europe, Kosovo, United Nations, Syria
  • Author: Sookyeon Huh
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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, Courts
  • Political Geography: Europe, Indonesia, Malaysia, Singapore
  • Author: Mikko Rajavuori
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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, Courts
  • Political Geography: Europe, Norway, Germany
  • Author: Guy Fiti Sinclair
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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, Humanitarian Intervention
  • Political Geography: Africa, Europe
  • Author: Lars Viellechner
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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, Legal Theory
  • Political Geography: Europe, Asia, North America
  • Author: Jan Klabbers
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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, Democracy
  • Political Geography: Europe, Germany
  • Author: Anna Chadwick
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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, Economy
  • Political Geography: Britain, Europe, Global Focus
  • Author: Makane Moïse Mbengue
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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, History
  • Political Geography: China, Europe, France, South Africa, Chile
  • Author: Mara Tignino
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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, Transitional Justice
  • Political Geography: Europe, North Korea, Cambodia, United Nations, Myanmar
  • Author: Angelika Nussberger
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • 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 , Intellectual History
  • Political Geography: Russia, Europe, Crimea
100. Her Whorl
  • Author: Laura Coyne
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: A poem by Laura Coyne, originally written to celebrate the launch of The Women's Worldwide Web.
  • Topic: Women
  • Political Geography: Europe, Global Focus