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42. Guest Editorial: Ten Years of ESIL – Reflections; European Hypocrisy: TTIP and ISDS; Masthead Changes; Roll of Honour; In this Issue; Christmas Reading? Christmas Gifts? Some Suggestions from the Editor-in-Chief
- Publication Date:
- 02-2015
- Content Type:
- Journal Article
- 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
43. EU/Ukraine Relations and the Crisis with Russia, 2013-14: A Turning Point
- 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, and Reform
- Political Geography:
- Russia, Europe, Ukraine, and Moscow
44. Bracing for Cold Peace. US-Russia Relations after Ukraine
- 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, and Economics
- Political Geography:
- Russia, United States, Europe, Washington, and Ukraine
45. The Rise of China and Chinese International Relations
- 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 and Economics
- Political Geography:
- China, Europe, and North America
46. Causation in the Law of State Responsibility and the Problem of Overdetermination: In Search of Clarity
- Author:
- Ilias Plakokefalos
- Publication Date:
- 04-2015
- Content Type:
- Journal Article
- 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, and Courts
- Political Geography:
- Europe and The Hague
47. Reut Yael Paz. A Gateway between a Distant God and a Cruel World: The Contribution of Jewish German-Speaking Scholars to International Law.
- Author:
- Robert Howse
- Publication Date:
- 04-2015
- Content Type:
- Journal Article
- 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, and Zionism
- Political Geography:
- Europe, Germany, and Israel
48. Tana Johnson. Organizational Progeny. Why Governments are Losing Control over the Proliferating Structures of Global Governance
- Author:
- Matthias Goldmann
- Publication Date:
- 04-2015
- Content Type:
- Journal Article
- 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, and Governance
- Political Geography:
- United States and Europe
49. The Original Sin (and Salvation) of Functionalism
- Author:
- Guy Fiti Sinclair
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This Comment interrogates the central and determining role accorded to functionalism in Jan Klabbers’ account of international organizations (IOs) law in his recent article, ‘The EJIL Foreword: The Transformation of International Organizations Law’. Specifically, it expresses doubts regarding Klabbers’ designation of functionalism as the dominant, paradigmatic theory of IOs law; questions whether the article’s account of functionalism’s historical origins is persuasive; and argues that the ‘rise and fall’ narrative set forth in the article presents an overly sanitized picture of IOs law, largely free from political struggle. The development of IOs law has been more contested than Klabbers’ narrative suggests; minimizing that contestation carries the danger of closing off possibilities for reimagining IOs law today.
- Topic:
- International Relations, International Law, International Organization, and Critique
- Political Geography:
- Europe and Global Focus
50. The Transformation of International Organizations Law: A Rejoinder
- Author:
- Jan Klabbers
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- Jan Klabbers responds to critiques by Laurence Boisson de Chazournes, André Nollkaemper and Guy Fiti Sinclair of his EJIL Foreword.
- Topic:
- International Relations, International Law, International Organization, and Critique
- Political Geography:
- Europe and Global Focus
51. NATO, Russia and European Security: Lessons Learned from Conflicts in Kosovo and Libya
- Author:
- Philip Spassov
- Publication Date:
- 06-2014
- Content Type:
- Journal Article
- Journal:
- Connections
- Institution:
- Partnership for Peace Consortium of Defense Academies and Security Studies Institutes
- Abstract:
- The essay analyses the role of NATO in the post-Cold War period by conduct- ing a comparison of the cases of NATO’s operations in Kosovo and Libya. The article re- veals the enhanced weight of the Alliance member states and the European countries’ ac- tive role in protecting their regional interests and also show how the state interests of the USA and Russia played a significant role in the two cases. This analysis of the behavioral patterns of the former Cold War adversaries could provide a useful interpretation and per- haps an explanation of the current events in Ukraine. The pursuit of power continues to dominate the international relations arena as the confrontation between the USA and Rus- sia is far from over.
- Topic:
- International Relations, NATO, Regional Cooperation, and Military Strategy
- Political Geography:
- Europe, North Atlantic, Ukraine, Libya, Kosovo, and North America
52. The “Rise” of China in the Eyes of Russia: A Source of Threats or New Opportunities?
- Author:
- Anastasia Solmentseva
- Publication Date:
- 12-2014
- Content Type:
- Journal Article
- Journal:
- Connections
- Institution:
- Partnership for Peace Consortium of Defense Academies and Security Studies Institutes
- Abstract:
- At the moment, the center of global economic and political gravity is rapidly shifting to the Asia-Pacific Region. This region possesses vast financial, resource-related, industrial and human potential. As the center of global development rapidly shifts to the East, Rus-sia regards the Asia-Pacific Region as the engine of the world economy, the key to which is a burgeoning China. In contemporary international relations the fast-moving rise of the PRC has become a crucial issue that concerns both Western and Russian political leaders, scholars and common citizens. The true intentions of the Chinese leadership as it pursues its foreign policy course remain quite nebulous and ambiguous. In various spheres and at a various levels of Russian society there are quite a few discussions and disputes about what, in fact, lies behind the global phenomenon of the “rise” of China, what consequences it entails for Russia, and how Moscow should organize its relations with Beijing.
- Topic:
- International Relations, Foreign Policy, Global Political Economy, and Economic Development
- Political Geography:
- Russia, China, Europe, and Asia
53. Russian Politics in Times of Change: Internal and External Factors of Transformation
- Author:
- Denis S. Alexeev
- Publication Date:
- 12-2014
- Content Type:
- Journal Article
- Journal:
- Connections
- Institution:
- Partnership for Peace Consortium of Defense Academies and Security Studies Institutes
- Abstract:
- The first few months of 2014 brought an unprecedented collapse of the Russian Federa-tion’s image on the world stage, the worst since the end of the Cold War. The events in Ukraine and the reaction to them by a significant number of countries in the interna-tional community, quickly demoted Russia to that group of countries whose foreign policy provokes harsh condemnation. For the first time in decades, international sanc-tions have been put in place against Russia, adopted by a large number of the world’s largest countries, de facto downgrading Russia to the rank of a rogue state; these sanc-tions are intended to exert pressure on the elite, who are responsible for implementing certain foreign policy decisions. For many experts, the events are associated with a new and sudden sea-change in Russia’s foreign policy. However, it appears to us that the cur-rent stage of cooling relations with the West is a logical consequence of the way in which the Russian state was constructed in recent years; in fact, a different scenario could hardly have been anticipated. This article presents the author’s view of the mecha-nisms and logic that shaped Russia’s foreign policy course, which has evolved through several iterations in the last three years. The below analysis could facilitate a fuller un-derstanding of Russian motives in international relations, and help find opportunities and mechanisms for dialogue between Russia and the West.
- Topic:
- International Relations, Diplomacy, State Building, and Domestic Policy
- Political Geography:
- Russia, Europe, and Eastern Europe
54. Domestic Implementation of Human Rights Judgments in Europe: Legal Infrastructure and Government Effectiveness Matter
- Author:
- Alina Mungiu-Pippidi and Dia Anagnostou
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Over the past couple of years, international law and international relations scholarship has shifted its focus from the question of whether human rights treaties bring any state-level improvements at all to investigations in the domestic context of the factors and dynamics influencing state compliance. In this direction, and focusing on the European Court of Human Rights, this study inquires into the factors that account for variable patterns of state compliance with its judgments. Why do national authorities in some states adopt a more prompt and responsive attitude in implementing these judgments, in contrast to other states that procrastinate or respond reluctantly? On the basis of a large-N study of the Strasbourg Court's judgments and a comparison across nine states, this article argues that variation in state implementation performance is closely linked to the overall legal infrastructure capacity and government effectiveness of a state. When such capacity and effectiveness are high and diffused, the adverse judgments of the Strasbourg Court are unlikely to be obstructed or ignored, even when the government, political elites, or other actors are reluctant and not in favour of substantive remedies.
- Topic:
- International Relations and International Law
- Political Geography:
- Europe
55. AFRICA AND THE EMERGING POWERS: THE SOUTH AND THE UNHOLY COOPERATION
- Author:
- Paulo Fagundes Visentini
- Publication Date:
- 06-2014
- Content Type:
- Journal Article
- Journal:
- AUSTRAL: Brazilian Journal of Strategy International Relations
- Institution:
- Postgraduate Program in International Strategic Studies, Universidade Federal do Rio Grande do Sul
- Abstract:
- One of the most remarkable phenomena of Contemporary International Relations is the fact that Africa became object of a new global race, like in the end of the 19th Century. In the beginning of the 21st Century, however, the most dynamic protagonists of such movement are the emerging powers, and not the European metropolises. Such process occurs in a frame of economic and social development in Africa, besides a diplomatic protagonism, which represented an unexpected feature for many. Africa, in marks of globalization and the end of the Cold War, experienced a second "lost decade", with bloody internationalized civil wars, epidemics (HIV/AIDS, cholera and the Ebola virus, among others) and economic marginalization.
- Topic:
- International Relations and Cold War
- Political Geography:
- Africa, Russia, Europe, Canada, and India
56. "The Lessons of 1914 for East Asia Today: Missing the Trees for the Forest"
- Author:
- Todd H. Hall and Jia Ian Chong
- Publication Date:
- 04-2014
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- A century has passed since the assassination of Archduke Franz Ferdinand in Sarajevo set in motion a chain of events that would eventually convulse Europe in war. Possibly no conflict has been the focus of more scholarly attention. The questions of how and why European states came to abandon peaceful coexistence for four years of armed hostilities—ending tens of millions of lives and several imperial dynasties—have captivated historians and international relations scholars alike.
- Topic:
- International Relations, Security, and War
- Political Geography:
- United States, Europe, Middle East, and East Asia
57. "Better Now Than Later: The Paradox of 1914 as Everyone's Favored Year for War"
- Author:
- Jack Snyder
- Publication Date:
- 04-2014
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- One reason why Europe went to war in 1914 is that all of the continental great powers judged it a favorable moment for a fight, and all were pessimistic about postponing the fight until later. On its face, this explanation constitutes a paradox. Still, each power had a superficially plausible reason for thinking this was true.
- Topic:
- International Relations, Security, and War
- Political Geography:
- Europe
58. Horizontal Review between International Organizations: A Reply to Abigail C. Deshman
- Author:
- Rosa Rafaelli
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This short article aims to further the discussion over horizontal review between international organizations started by Deshman in her analysis of the role of the Parliamentary Assembly of the Council of Europe after the H1N1 pandemic. The article compares the historical evolution of the European Parliament to that of the Parliamentary Assembly and examines how the EP's involvement with issues such as human rights and international relations served to build its identity, to gain international recognition, and to obtain more formal powers. It suggests possible additional reasons explaining the PA's willingness to perform horizontal review over action carried out by the WHO, and potential paths for future developments.
- Topic:
- International Relations and Human Rights
- Political Geography:
- Europe
59. The role of French private military companies in the security privatization sector: Specific features of the French approach and a comparison with Anglo-Saxon private military companies
- Author:
- Zdeněk Ludvík
- Publication Date:
- 06-2013
- Content Type:
- Journal Article
- Abstract:
- The realm of privatization of security and the consequent existence of private military companies is an important constitutive element of security with regard to international relations. This phenomenon is most strongly developed in the Anglo-Saxon world. However, in the case of the French Republic, we can observe significant developmental and functional disparities. This paper examines externalization processes in the context of the French approach to the legitimacy, legality and territoriality of the privatization of security functions of the state and explains the different causes of their development. It discusses the main aspects of externalization, defines the typical activities of French private military companies, describes their strengths and weaknesses and outlines the problems and possible solutions that lie before the French, which cannot be ignored in the future. Finally, this paper describes the most important French private military companies and their characteristics.
- Topic:
- International Relations, Security, NATO, and United Nations
- Political Geography:
- Afghanistan, Europe, Iran, Middle East, Asia, France, and Arabia
60. The importance of the Eurasian steppe to the study of international relations
- Author:
- Einar Wigen and Iver B Neumann
- Publication Date:
- 07-2013
- Content Type:
- Journal Article
- Journal:
- Journal of International Relations and Development
- Institution:
- Central and East European International Studies Association
- Abstract:
- This article is a call for making the Eurasian steppe an object of study within International Relations. The first section argues that the neglect of the steppe is due to 19th-century prejudice against non-sedentary polities as being barbarian. This is hardly a scholarly reason to neglect them. The second section is a nutshell overview of literature on the steppe from other fields. On the strength of these literatures, we postulate the existence of what we call an almost three thousand year long steppe tradition of ordering politics. The third section of the article suggests that the steppe tradition has hybridised sundry polity-building projects, from early polity-building in the European the Middle Ages via the Ottoman and Russian empires to contemporary Central Asian state-building. We conclude this exploratory piece by speculating whether a focus on the steppe tradition may have the potential to change our accounts of the emergence of European international relations at large.
- Topic:
- International Relations and Politics
- Political Geography:
- Russia, Europe, Central Asia, and Eurasia