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2. Syria returns to the Arab League
- Author:
- Sara Nowacka
- Publication Date:
- 05-2023
- Content Type:
- Working Paper
- Institution:
- The Polish Institute of International Affairs
- Abstract:
- The decision to restore Syria’s membership in the Arab League (AL) is aimed at Arab states gaining greater control over the situation in the region and reducing external influence, including that of the West. Although the AL imposed a number of obligations on Syrian leader Bashar al-Assad, such as holding elections, it is doubtful whether the League can enforce them. The organisation’s decision to normalise relations with Syria will be used to undermine the effectiveness of the sanctions in counteracting violations of international law, also in the context of the Russian aggression against Ukraine.
- Topic:
- International Law, Sanctions, Syrian War, Normalization, Bashar al-Assad, Arab League, and Russia-Ukraine War
- Political Geography:
- Arab Countries and Syria
3. 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
4. The Many Facets of EEZ Fisheries Disputes and their Resolution under UNCLOS
- Author:
- Natalie Klein
- Publication Date:
- 08-2023
- Content Type:
- Working Paper
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- The core question being posed for this symposium was whether the ‘exception swallows the rule’ in relation to disputes concerning fishing in the exclusive economic zone (EEZ). This question emerges because of the starting point that disputes relating to the interpretation or application of the UN Convention on the Law of the Sea (UNCLOS)1 may be subject to compulsory procedures entailing binding decisions – arbitration or adjudication – at the request of a party to the Convention. However, while this ‘rule’ is the start, it is immediately important to point our that there are exceptions and limitations to this proposition; the grant of compulsory jurisdiction in UNCLOS is limited in significant ways.2 The ‘exception’ of concern to this symposium is set out in Article 297(3) of UNCLOS, which excludes fisheries disputes from adjudication or arbitration in the following situation: “the coastal State shall not be obliged to accept the submission to such settlement of any dispute relating to its sovereign rights with respect to the living resources in the exclusive economic zone or their exercise, including its discretionary powers for determining the allowable catch, its harvesting capacity, the allocation of surpluses to other States and the terms and conditions established in its conservation and management laws and regulations.“3 Pursuant to Article 298(1)(b), States also have the option to exclude ‘disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal’ under Article 297(3).4 The symposium papers that follow seek to improve our understanding of these exceptions to compulsory jurisdiction; do they swallow the ‘rule’ of compulsory jurisdiction? This introduction aims to explain the relevance of the exception (Part B), situate the papers that are part of the symposium (Part C) and indicate what has been jurisprudentially achieved despite the exception (Part D).
- Topic:
- International Law, Sovereignty, Fishing, and Disputes
- Political Geography:
- Global Focus
5. 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
6. The Impact of Common Law on the Volume of Legal Services: An International Study
- Author:
- Enzo Dia and Jacques Melitz
- Publication Date:
- 11-2021
- Content Type:
- Working Paper
- Institution:
- Centre d'Etudes Prospectives et d'Informations Internationales (CEPII)
- Abstract:
- We show that the heavy use of legal services relative to output in the US is not a peculiarity of the country but applies to common law countries in general. It stems largely from better ability to contract and easier access to justice. Yet in close association, common law also opens significantly more room for rentseeking by lawyers than civil law. Thereby the costs could outweigh the benefits. Both real GDP per capita and openness emerge as further factors making room for lawyers.
- Topic:
- International Cooperation, International Law, Labor Issues, and Law
- Political Geography:
- Global Focus
7. Assisting Uzbekistan's parliament with specific issues pertaining to Uzbekistan's WTO accession process
- Author:
- Iljir Baftijari, André-Philippe Ouellet, and Ayong Lim
- Publication Date:
- 02-2021
- Content Type:
- Working Paper
- Institution:
- Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
- Abstract:
- This Memorandum is prepared to guide the Beneficiary through Uzbekistan’s accession process to the World Trade Organization (hereinafter WTO). Uzbekistan’s accession process began in December 1994 but remained dormant until July 2020. Now, the Uzbek government has expressed enthusiasm for pursuing accession to the WTO. The Memorandum offers a general overview of the accession process and addresses specific questions relating to Uzbekistan’s WTO accession. The findings in this Memorandum are based largely on comparative research of recent WTO accessions with a focus on the WTO members in the Eurasian region. We have reviewed the documents submitted during Eurasian WTO members’ accession process, along with the academic sources discussing such accessions. We also analysed Uzbekistan’s current trade relationships to evaluate the pros and cons of Uzbekistan’s accession to the WTO. We likewise analysed the considerations pertaining to EAEU membership by focusing on other WTO members in the region. Finally, to analyse the potential changes to two laws submitted by the Beneficiary with regards to its accession process. We thus have reviewed the two Uzbek acts against the backdrop of: WTO Covered Agreements, the WTO Checklist for accessions, and other amended legislation of members that recently acceded to the WTO accessions for consistency
- Topic:
- International Law, International Political Economy, International Trade and Finance, Trade, WTO, and Parliamentarism
- Political Geography:
- Uzbekistan
8. 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
9. 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
10. Building on Quicksand: Pursuing Transitional Justice in Times of Great Upheaval
- Author:
- Nadim Houry
- Publication Date:
- 11-2020
- Content Type:
- Working Paper
- Institution:
- Arab Reform Initiative (ARI)
- Abstract:
- Anyone who cares about transitional justice in the Middle East and North Africa (MENA) faces a daunting task. How to address the past when the present is in great upheaval? How to tackle yesterday’s wars and violations when new ones—often worse—are occurring today? Practitioners have long recognized that transitional justice is a slow and nonlinear process that requires patience and long-term planning. Setbacks are expected along the way but, in the end, there is the promise or assumption that “if you keep at it, you will eventually get results.” But is this assumption still valid in the MENA region? Are existing transitional justice efforts succeeding in laying the groundwork for a better future, or are they being washed away by new rounds of violence and repression? The issue is both conceptual and pragmatic. On one level, there is the question of whether a society can start addressing the traumas of the past while simultaneously dealing with new traumas, often caused by new actors. On another level, there is the question of what sort of transitional justice processes and institutions can deal with the past, while also being able to adapt to an ever-shifting present. The challenges are immense and there are no easy answers. Here, I highlight the need for further research on transitional justice processes in the MENA region, with a focus on recent years of upheaval. Two fundamental questions emerge: (i) how to reconcile past and current claims; and (ii) how to accommodate ever-changing sources of legitimacy, given the increasing hollowness of state structures in the region.
- Topic:
- International Law, Transitional Justice, State Building, and Humanitarian Crisis
- Political Geography:
- Africa and Middle East
11. 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
12. UN migration pact – a framework for Völkerwanderung?
- Author:
- Kristijan Kotarski
- Publication Date:
- 01-2019
- Content Type:
- Working Paper
- Institution:
- Institute for Development and International Relations (IRMO)
- Abstract:
- On December 10th 2018 the body of international soft law was enriched with the Global compact for safe, orderly and regular migration (from here on - UN migration pact) that was adopted by 164 out of 193 UN member states during their meeting in Marrakesh, Morocco. On December 19th the UN General Assembly officially endorsed the document with 152 member states voting in favor, five voting against, and twelve abstaining. It’s unknown what changed the mind of twelve countries which have adopted the pact in Marrakech, but failed to endorse it in New York. Even though the UN migration pact stipulates that it is merely a “cooperative framework” it has nonetheless deepened the political divide on the migration controversy among states as well as within them. The polemic that has evolved around the document in recent months centered on two contentious issues: 1. its quasilegality and 2. the potential outcomes of its 23 objectives. This paper will only briefly touch upon the issue of the quasilegality of international soft law and concentrate on the content analysis of the pact itself.
- Topic:
- International Law, Migration, and United Nations
- Political Geography:
- Global Focus
13. The Privatisation of Security and the Market for Cyber Tools and Services
- Author:
- Tim Maurer and Wyatt Hoffman
- Publication Date:
- 01-2019
- Content Type:
- Working Paper
- Institution:
- Geneva Centre for Security Sector Governance (DCAF)
- Abstract:
- This paper seeks to identify the emerging and expanding gaps in the governance of private cybersecurity companies and activities and to explore ways forward and policy options for governments. The first section of the paper will explore the characteristics of typical cyber operations and challenges related to their conduct by private actors. Section two will address the governance challenges around cybersecurity and three main departure points for regulation: the fact that geographic scope does not limit cybersecurity companies, that cyber operations can slide from defensive to offensive very quickly; and that cybersecurity services are often exported for the purpose of (or with the knowledge they will be) violating human rights. This section will also integrate perspectives of international law. Section three will lay out suggestions for policy options in relation to international law and existing international normative frameworks. In conclusion, the paper will offer a framework and way forward as food for thought in order to address cybersecurity operations in relation to PMSCs.
- Topic:
- International Law, Science and Technology, Cybersecurity, and Internet
- Political Geography:
- North America, Global Focus, and United States of America
14. “If Not Now, When?”: The Responsibility to Protect, the Fate of the Rohingya and the Future of Human Rights
- Author:
- Simon Adams
- Publication Date:
- 01-2019
- Content Type:
- Working Paper
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- In this occasional paper from the Global Centre for the Responsibility to Protect, Dr. Simon Adams tests the resilience of the international community’s commitment to defending human rights and upholding its Responsibility to Protect populations from genocide, ethnic cleansing, crimes against humanity and war crimes. The paper highlights the failure to respond to patterns of discrimination that eventually led to a genocide in Myanmar (Burma) during 2017. But it also draws attention to other recent situations, such as in the Gambia, when the international community seized the moment to respond in a timely and decisive manner to an emerging threat of devastating conflict. In doing so, Adams emphasizes that even when bodies such as the UN Security Council appear paralyzed and inert, a mobilized international community can still act to prevent atrocities, protect vulnerable populations, and hold the perpetrators accountable.
- Topic:
- Genocide, Human Rights, International Law, Ethnic Cleansing, International Community, Responsibility to Protect (R2P), UN Security Council, and Atrocities
- Political Geography:
- Asia, Southeast Asia, and Myanmar
15. Advancing SDGs in International Investment Agreements: Building Peace and Justice through General Exceptions Clauses
- Author:
- Guy Marcel Nono
- Publication Date:
- 11-2019
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- For more than a decade, there has been a lot of focus on how sustainable development relates to international investment law. The growing trend of including general and security exceptions clauses in international investment agreements (IIAs) has also been highlighted. However, the nexus between general IIAs and security exceptions and the achievement of the SDGs has not been explored.
- Topic:
- Security, International Law, Sustainable Development Goals, and Investment
- Political Geography:
- Global Focus
16. Governance of Marine Geoengineering
- Author:
- Kerryn Brent, Will Burns, and Jeffrey McGee
- Publication Date:
- 12-2019
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- After more than two decades of UN negotiations, global greenhouse gas emissions continue to rise, with current projections indicating the planet is on a pathway to a temperature increase of approximately 3.2°C by 2100, well beyond what is considered a safe level. This has spurred scientific and policy interest in the possible role of solar radiation management and carbon dioxide removal geoengineering activities to help avert passing critical climatic thresholds, or to help societies recover if global temperatures overshoot expectations of safe levels. Marine geoengineering proposals show significant diversity in terms of their purpose, scale of application, likely effectiveness, requisite levels of international cooperation and intensity of environmental risks. This diversity of marine geoengineering activities will likely place significant new demands upon the international law system to govern potential risks and opportunities. International ocean law governance is comprised of a patchwork of global framework agreements, sectoral agreements and customary international law rules that have developed over time in response to disparate issues. These include maritime access, fisheries management, shipping pollution, ocean dumping and marine scientific research. This patchwork of oceans governance contains several bodies of rules that might apply in governing marine geoengineering activities. However, these bodies of rules were negotiated for different purposes, and not specifically for the governance of marine geoengineering. The extent to which this patchwork of rules might contribute to marine geoengineering governance will vary, depending on the purpose of an activity, where it is conducted, which state is responsible for it and the types of impacts it is likely to have. The 2013 amendment to the London Protocol on ocean dumping provides the most developed and specific framework for marine geoengineering governance to date. But the capacity of this amendment to bolster the capacity of international law to govern marine geoengineering activities is limited by some significant shortcomings. Negotiations are under way to establish a new global treaty on conservation of marine biodiversity in areas beyond national jurisdiction, including new rules for area-based management, environmental impact assessments and capacity building/technology transfer. A new agreement has the potential to fill key gaps in the existing patchwork of international law for marine geoengineering activities in high-seas areas. However, it is also important that this new treaty be structured in a way that is not overly restrictive, which might hinder responsible research and development of marine geoengineering in high-seas areas.
- Topic:
- Climate Change, Environment, International Law, United Nations, Green Technology, and Geoengineering
- Political Geography:
- Global Focus
17. 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