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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. 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
7. 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
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