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Begin New Search Topic International Law Political Geography Europe Content Type Working Paper Publication Year within 5 Years

1. Climate Protection Litigation on the Rise

Author:
Szymon Zaręba
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
The Polish Institute of International Affairs
Abstract:
In the last several years, national courts and international institutions have increasingly begun to treat conservative or climate-adverse actions by states as violations of their obligations under international law and human rights. This has been followed by some countries more affected by climate change and engaged in international bodies to put more pressure on Global North states to protect the climate. The sympathetic attitude of international courts towards such complaints may, in the long term, force the need for increased climate ambition or even compensation payments by, among others, Poland.
Topic:
Climate Change, Human Rights, International Law, Courts, and Litigation
Political Geography:
Europe, Poland, and Global Focus

2. Recent UN Votes on Ukraine: What Needs to be Done to Maintain International Unity (Part I)

Author:
Sarah Cliffe, Faiza Shaheen, Leah Zamore, Karina Gerlach, and Nendirmwa Noel
Publication Date:
04-2022
Content Type:
Working Paper
Institution:
Center on International Cooperation
Abstract:
Horrific images of the loss of life and humanitarian suffering in Ukraine continue to come to light, including significant evidence of large-scale human rights abuses. As the war in Ukraine looks likely to enter a period of rearming, redeployment and renewed attacks in the East, maintaining international pressure for a negotiated peace agreement that maintains territorial integrity and upholds international law will be crucial.
Topic:
International Law, Multilateralism, Humanitarian Crisis, and Russia-Ukraine War
Political Geography:
Europe and Ukraine

3. The Greek-Turkish Maritime Disputes: An International Law Perspective

Author:
Efthymios Papastavrdis
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
This Policy Paper by Efthymios Papastavridis, Research Associate of ELIAMEP; Researcher and Part-time Lecturer, University of Oxford Fellow; Academy of Athens & Athens PIL Center, examines the maritime disputes between Greece and Turkey, in particular those concerning maritime delimitation and the breadth of the territorial sea of Greece, against the background of international law. It starts with setting out the historical and legal background of the continental shelf dispute in the Aegean Sea, in particular Greece’s applications before the International Court of Justice (ICJ) and the UN Security Council in 1976. Then, the paper considers the different legal positions of Greece and Turkey concerning the issues of the breadth of the territorial sea and the maritime delimitation and assesses these positions under international law. This assessment is followed by the discussion of the various means available under international law for the settlement of the maritime delimitation dispute under international law, in particular, its submission to the ICJ, which has often been at the front line of public and scholarly discourse. The paper concludes that international law provides a sufficient, clear and predictable legal framework for the resolution of the Greek-Turkish maritime dispute, which will be of the outmost benefit for both States and for the Eastern Mediterranean region as a whole.
Topic:
International Law, United Nations, and Maritime
Political Geography:
Europe, Turkey, Greece, Mediterranean, and Aegean Sea

4. From Words to Deeds: Upholding the Rule of Law in the CEE Region

Author:
Camille Dobler
Publication Date:
09-2020
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
With ongoing discussions on rule of law conditionality, and with the European Commission first Annual Rule of Law Report due soon, the focus on the rule of law is back at the top of the EU political agenda this autumn. As eyes turn to the latest political developments and threats to core EU principles and values in Central and Eastern Europe (CEE), this policy brief suggests switching from a top-to-top perspective to a societal approach to uphold the rule of law. This would go beyond recommendations to cleanse the rule of law toolbox from inefficient political instruments, and strengthen legal ones. In addition to introducing conditionality, this brief advocates for more active support of local civil societies in exercising their democratic prerogatives over electoral and representative democracy.
Topic:
Civil Society, International Cooperation, International Law, European Union, and Rule of Law
Political Geography:
Europe

5. Europe's Initial Reactions to Israel’s Annexation Intentions

Author:
Maya Sion-Tzidkiyahu
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Mitvim: The Israeli Institute for Regional Foreign Policies
Abstract:
US President Donald Trump's plan for resolution of the Israeli-Palestinian conflict, presented in January 2020, was perceived in Jerusalem as a green light to annexation of some 30 percent of the West Bank. It was in accordance with the intentions declared over the past year by Israeli Prime Minister Benjamin Netanyahu. Accordingly, the April 2020 coalition agreement between the Likud and Blue and White political parties included a clause allowing Netanyahu to bring a USapproved annexation plan for government or Knesset approval as of July 1, 2020. 1 Soon after, reactions began pouring in from around the world, including Europe, expressing opposition to annexation and warning Israel against such a move. This paper presents the reactions of the EU, its member states and the UK. It examines them in light of the hurdles to formulating an EU consensus on the issue, and maps them according to the extent of the criticism and the attitudes of the various European states toward the Israeli government’s policy.
Topic:
Foreign Policy, International Law, Territorial Disputes, European Union, and Annexation
Political Geography:
Europe, Middle East, Israel, and Palestine

6. Domestic Prosecution of International Crimes

Author:
Cleo Meinicke
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
In October 2018, the Bosnian state court indicted a former soldier of crimes against humanity for his involvement in the murder and enforced disappearance of civilians in the Kljuc area. In September of that year, a German court convicted Ibrahim Al F. for war crimes committed in Syria and in the same month a military tribunal in the Democratic Republic of the Congo found two military commanders guilty of crimes against humanity committed in the villages of Kamananga and Lumenje (South Kivu). These are just three recent examples of domestic efforts in the prosecution of those responsible for international crimes. Based on the complementarity principle of the International Criminal Court (ICC), where states are “unwilling or unable” to prosecute international crimes, the ICC may step in to prosecute those most responsible for the commission of the crimes under its jurisdiction, namely genocide, crimes against humanity, war crimes, and the crime of aggression. However, out of 28 cases before the Court since its inception in 2001 only three resulted in successful convictions. Several suspects were acquitted after lengthy proceedings, of which Gbagbo and Blé Goudé are the latest examples. Therefore, the ICC should be regarded as a last resort while domestic courts carry the main responsibility to prosecute those responsible for international crimes.
Topic:
Crime, International Law, Crimes Against Humanity, and International Criminal Court (ICC)
Political Geography:
Africa, Europe, Germany, Democratic Republic of Congo, and Bosnia and Hercegovina