Search

Begin New Search Political Geography Global Focus Content Type Journal Article

171. Is the International Law Commission Taking Regionalism Seriously (Enough)?

Author:
Janina Barkholdt
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Regionalism poses a challenge to the work of the International Law Commission (ILC). The Commission, entrusted by the United Nations General Assembly (UNGA) with the “progressive development of international law and its codification”, is tasked with identifying and elaborating universally accepted and acceptable rules of international law. The challenge posed by regionalism lies in its ambivalent role precisely in relation to the mandate of the ILC: on the one hand, a significant share of practice in international law is generated at the regional level. Since regional practice thus constitutes a substantial part of State practice, the ILC cannot avoid taking regional practice into account if it is to identify and develop common rules. On the other hand, regionalism often involves claims for special legal treatment based on the affiliation with a region; thus, deviations from precisely those general legal rules which the ILC seeks to codify and develop. The present contribution analyses how the Commission has approached regionalism in its previous work and identifies four approaches. It shows that each of these approaches suffers from shortcomings. At the same time, the current projects on General principles of law (GPL) and Sea-level rise in relation to international law possibly indicate the emergence of a more fruitful fifth approach. Based on this analysis, the present contribution shows that the practice of the ILC evinces two methodological challenges arising from regional plurality –, the challenge of equal regional representation and the challenge of regional exceptionalism, – and makes suggestions as to how to address these in the future.
Topic:
International Law, United Nations, and Regionalism
Political Geography:
Global Focus

172. Military Intervention on Request in Jus Ad Bellum and Jus In Bello and the question of recognition of governments

Author:
Chiari Redealli
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Over the past decades, foreign interventions in internal conflicts upon the request of host governments have turned into a common practice. These instances have proved to be particularly challenging both from a jus ad bellum and a jus in bello point of view. On the one hand, it is often unclear whether the intervention is lawful; on the other hand, the classification of these armed conflicts is equally problematic. In both cases, the key to answer these questions is the identification of the organ capable of speaking on behalf of the state: who is the government? Considering the pivotal relevance of the identification of the government both in jus ad bellum and jus in bello, it is crucial to determine the criteria for identifying the authority capable of issuing a valid invitation. This article seeks to clarify these criteria. Ultimately, it will demonstrate that jus ad bellum and jus in bello reach different conclusions on the matter and it will argue that this should not be the case.
Topic:
International Law, Humanitarian Intervention, Military Intervention, Conflict, and International Humanitarian Law (IHL)
Political Geography:
Global Focus

173. Missed Communications and Miscommunications: International Courts, the Fragmentation of International Law and Judicial Dialogue

Author:
Francis Maxwell
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The increase in the number of international judicial bodies has led to different international courts deciding similar issues of international law. There is the real possibility that these international judicial bodies, not subject to the supervision of a common appeal court, may rule differently on similar questions before them. While this fragmentation of decision-making may undermine the coherency and certainty of the international legal system, it may in some cases be in the interests of the international community, including where divergences in decision-making are the result of specialized regimes or where there is progressive development of the law. So that fragmentation is limited to what is beneficial and necessary for the international community, it is essential that international judicial bodies are in open and structured dialogue with one another. This analysis considers three scenarios of overlapping decision-making, over the course of the lives of two sets of international courts: the International Court of Justice, and the international criminal courts and tribunals. It also considers the recent decision of the International Criminal Court with respect to Palestine and the Court’s refusal to weigh in on questions of general international law, in apparent departure from the previous three examples. It is submitted that these examples demonstrate that insufficient attention is given by these international judicial bodies to the issue of judicial dialogue and its importance. This may undermine the legitimacy of the system and introduce the risks of fragmentation without its benefits.
Topic:
International Law, International Court of Justice (ICJ), International Criminal Court (ICC), Dialogue, Fragmentation, and Customary International Law
Political Geography:
Global Focus

174. Twilight of Democracy: The Seductive Lure of Authoritarianism

Author:
Jonathan Nash
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
In her book, Twilight of Democracy: The Seductive Lure of Authoritarianism, Anne Applebaum explores a political shift that many democracies face today. In her analysis of global democracies, Applebaum explains why authoritarianism is on the rise and how it is being welcomed by many. She argues that the world is becoming more authoritarian, and democracy is starting to slip, especially with the recent election of US President Donald Trump. Through her writing, Applebaum hopes to bring awareness to this phenomenon with the hope of recognizing it and resisting it. Anne Applebaum is a Pulitzer Prize winning journalist, who has worked for several magazines and newspapers. These include The Spectator, The Evening Standard, Slate, The Daily and Sunday Telegraph, The Economist, The Independent, The Washington Post, and currently The Atlantic. Her career provides her with great access to the top decision-making circles both in Europe and the United States during critical times, including the fall of the Berlin Wall, or the Brexit referendum and its aftermath.
Topic:
Authoritarianism, Democracy, Book Review, and Journalism
Political Geography:
Europe, Global Focus, and United States of America

175. A Brief History of Equality

Author:
Melek Aylin Özoflu and Samet Yılmaz
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Is neoliberalism in a deep crisis or not? If yes, what are the dynamics of this crisis? Does this crisis promise social, political, and economic transformations? If it does, what are the prerequisites? Will global levels of inequality continue to be dispersed? If one desperately searches for an answer to these questions, Thomas Piketty’s latest book, A Brief History of Equality, might offer a possible starting point. Piketty is known for his valuable r>g theory. He explains that return to capital exceeds the rate of economic growth, and it, in return, increases the concentration of wealth. This time, he does not put forward a new theoretical frame. Instead, building upon his r>g theory, he elaborates on his argument for the deepening of inequality in a multi-dimensional and multi-faceted way within a large time frame between 1780 and 2020. As for the primary source of data, he utilises the World Inequality Database (WID.world), which contains evidence about the distribution of income and wealth over the years. It provides the author with a multidisciplinary approach, while interpreting the progress in economic, political, and social developments.
Topic:
Inequality, Economic Growth, Neoliberalism, and Book Review
Political Geography:
Global Focus

176. Gezegensel Siyaset Manifestosunun Ardından Yeşil Teorinin Uluslararası İlişkilerdeki Konumu

Author:
Didem Buhari Gulmez and Ertan Güler
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Bu makale, Uluslararası İlişkilerde Yeşil Teoriyi daha iyi konumlandırabilmek için Gezegensel Siyaset Manifestosu üzerine yapılan güncel tartışmalara ışık tutmaktadır. Özellikle, Yeşil Teorinin disiplindeki konumuna ilişkin çalışmalarda görülen “sorun çözen teorilere karşı eleştirel teoriler” ikiliğini aşmayı hedeflemektedir. Buna yönelik olarak, Yeşil Teoriyi Uluslararası İlişkilerin ana akım teorileriyle kıyaslamak yerine, Gezegensel Siyaset Manifestosu perspektifinden Yeşil Teorinin İnşacılık, Normatif Teori, Postyapısalcılık, Eleştirel Teori, Postkolonyalizm ve Feminizm gibi başlıca eleştirel teorilerle arasındaki karmaşık ilişkiye odaklanmaktadır.
Topic:
International Relations, Politics, Critical Theory, Green Theory, Ecocentrism, and Ecofeminism
Political Geography:
Global Focus

177. A Conceptual History: Historical Sociological Analysis of Unipolarity in Structural Realist Literature

Author:
Burcu Sari Karademir
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Unipolarity has been taken for granted and remains unquestioned in the International Relations literature. This article provides the conceptual history of unipolarity by bringing an immanent critique. It shows the evolution of unipolarity literature in the absence of counterbalancing in four stages. It focuses on the use of history in structural realism and brings a historical sociological perspective to the literature to show how tempocentric theorizing impaired the understanding of unipolarity as a distinct structure. The article concludes by underlying the importance of noticing the cost of reification of concepts for theorizing and by highlighting that unipolarity is still understudied both theoretically and methodologically.
Topic:
International Relations, Unipolarity, Post-Cold War, Balance of Power, Hard Balancing, and Soft Balancing
Political Geography:
Global Focus

178. Fall 2020 edition of Strategic Visions

Author:
Alan McPherson
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Strategic Visions
Institution:
Center for the Study of Force and Diplomacy, Temple University
Abstract:
Contents News from the Director Fall 2020 Lecture Series ……………2 Fall 2020 Prizes …………………….3 Funding and the Immerman Fund ….3 Note from the Davis Fellow …………4 Temple Community Interviews Dr. Joel Blaxland …………………5 Dr. Kaete O’Connell ……………….6 Jared Pentz ………………………….7 Brian McNamara …………………8 Keith Riley …………………………9 Book Reviews Kissinger and Latin America: Intervention, Human Rights, and Diplomacy Review by Graydon Dennison …10 America’s Middlemen: Power at the Edge of Empire Review by Ryan Langton ……13 Anthropology, Colonial Policy and the Decline of French Empire in Africa Review by Grace Anne Parker ...16 Latin America and the Global Cold War Review by Casey VanSise ……19
Topic:
Foreign Policy, Diplomacy, Human Rights, Military Intervention, and Empire
Political Geography:
United States, France, Latin America, and Global Focus

179. History, Social Science, and the ‘Literary Conscience’

Author:
Richard Jordan
Publication Date:
02-2021
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
As social science has grown more sophisticated, so has its awareness of its own methodological shortcomings. Many of the leading journals publish extensively (sometimes, exclusively) on new devices to circumvent these difficulties. At least some social scientists, though, seem aware that they will never devise mathematical tools capable of overcoming certain ceilings on their knowledge. There is an increasing demand for other ways to ask and answer questions. As the social sciences knock vainly against these ceilings—and as they dwindle into increasing policy irrelevance—more humanistic scholars recommend a return to history. This remedy, though, is incomplete. The old saw that “those who do not learn from history are doomed to repeat it” has hidden history’s most difficult problem: its lessons are not obvious. History is too contingent, and its cases too few, for the states-man to derive general lessons with any confidence. The statesman must learn from it, but what he must learn is not often clear.
Topic:
Intelligence, History, Literature, and Social Science
Political Geography:
Global Focus

180. Paving the way to the Security Council: NGOs’ activism on women’s and children’s issues

Author:
Yamya Rocha Rebelo
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Revista Brasileira de Política Internacional (RBPI)
Institution:
Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:
The relationship between the United Nations Security Council and Non- Governmental Organizations has scarcely been considered in scholarship on international security. This lack of academic interest contrasts with accounts on the engagement of NGOs in the production and advancement of UNSC discussions on women and children. By drawing on international relations and social movements’ theoretical contributions, the paper traces NGOs’ strategies to participate in UNSC thematic debates. By looking at the actions of the Watchlist on Children and Armed Conflict and the NGO Working Group on Women, Peace, and Security, the analysis finds that NGOs have built coalitions among themselves and maintained networks with friendly countries and UN specialized agencies to capitalize on favorable political and institutional opportunities and expand the access to the security sector.
Topic:
Security, Gender Issues, United Nations, Children, Women, and NGOs
Political Geography:
Global Focus