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36101. Helmand on the Move: Migration as a Response to Crop Failure

Author:
David Mansfield
Publication Date:
10-2015
Content Type:
Policy Brief
Institution:
Afghanistan Research and Evaluation Unit (AREU)
Abstract:
This paper provides an account of how the shift in security provision from a combined ISAF and ANSF operation to one driven by local actors has impacted upon a number of different locations in central Helmand. It is based on 140 in-depth interviews conducted in ten research sites in May 2015, and draws on a more extensive body of research consisting of fieldwork in many of the same locations dating back to May 2008.
Topic:
Security, Military Strategy, Non State Actors, and Local
Political Geography:
Afghanistan and Middle East

36102. Briefing Note on Fieldwork in Balkh Province, May 2015 Opium Poppy and Rural Livelihoods

Author:
Paul Fishstein
Publication Date:
10-2015
Content Type:
Policy Brief
Institution:
Afghanistan Research and Evaluation Unit (AREU)
Abstract:
The following notes describe very initial findings from fieldwork done in ten villages in Balkh Province’s Chimtal and Char Bolak Districts during the first two weeks of May 2015. Located west of Mazar-e Sharif, these areas have been counted among the relatively insecure areas of the province, where households have moved in and out of opium poppy cultivation since it was banned in earnest in 2007.
Topic:
Security, Drugs, Trade, and Farming
Political Geography:
Afghanistan and Middle East

36103. The Politicisation of Afghanistan’s High Schools

Author:
Antonio Giustozzi and Ali Mohammad Ali
Publication Date:
07-2015
Content Type:
Policy Brief
Institution:
Afghanistan Research and Evaluation Unit (AREU)
Abstract:
Political activism in Afghanistan’s high schools is not new. Already during the 1960s and 1970s, the country’s new political parties identified schools and universities as ideal recruitment grounds. The New Leftist and Islamist parties had significant numbers of teachers among their ranks, a fact that gave them direct access to students and the moral authority to influence them. Moreover, there were few alternatives for political proselytising in a country without a working class or large trade unions, and in the presence of a government that tried to present the emergence of political parties. For these various reasons, it would make sense to look at how political organisations approach high schools in today’s Afghanistan.
Topic:
Politics, Political Parties, Civil Society Organizations, and Partisanship
Political Geography:
Afghanistan and Middle East

36104. Addressing Africa's Youth Employment and Food Security Crisis: The Role of African Agriculture in Job Creation

Author:
Olusegun Obasanjo
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
The African Capacity Building Foundation (ACBF)
Abstract:
Despite the abundance of agricultural resources, sub-Saharan Africa remains the world’s most food insecure region. HE Olusegun Obasanjo’s view is that there are many critical factors responsible for food insecurity in this region. They include undeveloped land tenure systems, high bank loan rates, inadequate availability of agricultural special banks, poor access to market information and prices, an unreliable market for farm produce and inadequate road network, transport and storage infrastructures for farm produce. There is also a lack of capacity for cooperative and value addition to farm produce and poor capacity for and access to agricultural insurance services. In addition, poor capacity for labor and labor costing are also part of the problem. Agriculture is one of the economic sectors that can employ millions of young people and reduce youth unemployment and enhance food security on the continent. The challenges facing adult farmers are huge but not as large as the challenges that young people encounter when trying to engage in agriculture as a profession. Nevertheless, there is hope, and opportunities abound for young people to be successful in agriculture.
Topic:
Agriculture, Employment, Food Security, Youth, and Job Creation
Political Geography:
Africa

36105. The Effect of Exposure to Political Institutions and Economic Events on Demand for Democracy in Africa

Author:
Jakson Alves de Aquino
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Afrobarometer
Abstract:
In a democratic political regime, politicians and ordinary citizens must accept elections as the legitimate means of choosing who will govern. Losers must patiently wait until the next election to have an opportunity to elect a leader according to their preferences, and winners must restrain themselves from changing the rules to increase their power. Political systems are considered consolidated democracies when elections are free and fair, alternations of power happen according to the results of elections and are accepted by all main contenders, and the general public sees the system as the best way of organizing the political life. The establishment and survival of democracy depend on both politicians and ordinary citizens being committed to it. Understanding why people have (or do not have) a favourable view of democracy, that is, why they demand democracy, is important to an evaluation of the prospects for democratic stability. Usually, national-level variables have been added to multi-level regression models of survey data. In this paper, I contribute to the investigation of why people demand democracy by adding to the usual explanations new individual-level variables related to individual exposure to political institutions and economic conditions. My two main questions are: Does exposure to democracy increase the legitimacy of democracy? Is people’s demand for democracy influenced by the past economic performance of their countries? People live in a constant process of socialization, learning from their individual experiences and from their social environments. People exposed for a longer time to democratic institutions learn how the system works, accept its procedures, and as a result demand democracy more than less exposed people.
Topic:
Politics, Democracy, Economic Growth, and Institutions
Political Geography:
Africa

36106. Does Clientelism help Tanzanian MPs Establish Long-Term Electoral Support?

Author:
Machiko Tsubura
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Afrobarometer
Abstract:
Tanzanian Members of Parliament (MPs) and political analysts describe the primary roles of MPs with a variety of phrases: benefactors, providers, executors, social workers, saviours, multi-faceted donors, even “walking ATMs". Indeed, in Tanzania, where a majority of citizens are poor and the government lacks resources and capacity to provide sufficient social services, MPs provide various kinds of financial and material assistance to their constituents to support their lives and cultivate their electoral support. This type of exchange builds clientelistic relationships between MPs and voters, which is common in developing countries. In Tanzania, clientelism in electoral politics was highly restricted during the one-party socialist period between the mid-1960s and the 1980s but became prominent following the transition to multiparty democracy in the early 1990s. In 2000, it was enhanced in part by the legalisation of election incentives known as takrima (meaning “hospitality”). The legalisation of takrima raised public expectations that MPs wouldsupply tangible goods and contributed to the expansion of clientelistic relationships between MPs and voters. After having been used widely in the elections of 2000 and 2005, takrima was banned in 2006, and it has been an illegal practice since then. Against this unique background, this paper uses Afrobarometer survey results to examine how election incentives and electoral clientelism affected public views on MPs in Tanzania after the prohibition of takrima in 2006. A central question is whether clientelism helps MPs gain long-term electoral support. To address this question, I employed an innovative approach by adding data on levels of electoral competitiveness and MPs’ engagement with parliamentary discussions to Afrobarometer data sets to create original variables. A regression analysis of these data demonstrates that Tanzanians who had been offered election incentives in the elections of 2010 and had clientelistic views on the roles of MPs were less likely to approve of the performance of MPs. This suggests that clientelism is not necessarily a sustainable tool for MPs to establish long-term electoral support in Tanzania.
Topic:
Elections, Democracy, Voting, and Partisanship
Political Geography:
Africa and Tanzania

36107. Who’s asking? Interviewer Coethnicity Effects in African Survey Data

Author:
Claire L. Adida, Karen E. Ferree, Daniel Posner, and Amanda Lea Robinson
Publication Date:
06-2015
Content Type:
Working Paper
Institution:
Afrobarometer
Abstract:
Face-to-face interviews constitute a social interaction between interviewer and respondent, yet research employing African survey data typically fails to account for the effect of shared ethnicity on survey responses. We find that respondents give systematically different answers to coethnic and non-coethnic interviewers across surveys in 14 African countries, but with significant variation in the degree of bias across question types and countries, with the largest effects for explicitly ethnic questions and in countries where ethnicity is salient. In South Africa, we show further variation across interviewer-respondent dyad type: Coracial effects are larger than coethnic effects – a pattern consistent with the salience of racial legacies in South Africa – and differences in the direction, size, and significance of these effects concord with dyad-specific social desirability. Our findings have practical implications for consumers of African survey data and underscore the context dependence of the social interaction that constitutes the survey experience.
Topic:
Race, Public Opinion, Ethnicity, Interview, and Survey
Political Geography:
Africa and South Africa

36108. Political Risks Facing African Democracies: Evidence from Afrobarometer

Author:
Michael Bratton and E. Gyimah-Boadi
Publication Date:
05-2015
Content Type:
Working Paper
Institution:
Afrobarometer
Abstract:
Where are African countries headed politically? How resilient are Africa’s governments, regimes, and states? What are the characteristics of political risk? This paper is motivated by a desire to discover whether it is possible to identify early-warning indicators of risk to African political systems. We suggest that Afrobarometer survey data may be used to systematically track trends in mass political support – such as approval for incumbent governments, satisfaction with political regime performance, and the popular legitimacy of state institutions. Where trends in dimensions of popular disapproval turn sharply upward, we infer increasing political risk. The paper is anchored empirically with 15 years’ worth of public opinion data for selected African countries and offers interpretations of what these observations might mean. The analysis is both retrospective – connecting empirical trends to known episodes of instability in Mali, Kenya, and Zimbabwe – and prospective – raising red flags for countries like Ghana, among others, once considered stable but currently facing new political strains.
Topic:
Development, Politics, Public Opinion, and Democracy
Political Geography:
Africa

36109. Deliberate Disengagement: How Education Decreases Political Participation in Electoral Authoritarian Regimes

Author:
Kevin Croke, Guy Grossman, Horacio Larreguy, and John Marshall
Publication Date:
04-2015
Content Type:
Working Paper
Institution:
Afrobarometer
Abstract:
A large literature examining advanced and consolidating democracies suggests that education increases political participation. However, in electoral authoritarian regimes, educated voters may instead deliberately disengage. If education increases critical capacities, political awareness, and support for democracy, educated citizens may believe that participation is futile or legitimates autocrats. We test this argument in Zimbabwe – a paradigmatic electoral authoritarian regime – by exploiting cross-cohort variation in access to education following a major educational reform. We find that education decreases political participation, substantially reducing the likelihood that better-educated citizens vote, contact politicians, or attend community meetings. Consistent with deliberate disengagement, education’s negative effect on participation dissipated following 2008’s more competitive election, which (temporarily) initiated unprecedented power sharing.
Topic:
Education, Politics, Governance, Authoritarianism, Protests, and Participation
Political Geography:
Africa

36110. On the Primacy of Weak Public Service Provision in rural Africa: Malians Redefine ‘State Breakdown’ Amidst 2012 Political Crisis

Author:
Jaimie Bleck and Kristin Michelitch
Publication Date:
03-2015
Content Type:
Working Paper
Institution:
Afrobarometer
Abstract:
In 2012, Mali faced a dual state breakdown disrupting nearly 20 years of democratization – a coup and a secessionist insurgency. This paper provides the perspectives of rural Malians living on the border of state- and rebel-controlled territory. Our main finding is that villagers defined “the crisis” as one of unmet need for public services and infrastructure. State breakdown matters less where the state is not present in the first place. Rather than the state, villagers were largely reliant on local traditional authorities. The salience of villagers’ concerns about public services and infrastructure, as well as general basic needs insecurity, are echoed in cross-national Afrobarometer data (2012-2013) on public service provision across rural and urban citizens. In nearly all sub-Saharan African countries, the urban-rural gap is large, absolute levels of rural provision are low, and countries are inconsistent in provision across indicators. We conclude by drawing implications of weak state public service and infrastructure provision for citizenship in rural areas.
Topic:
Fragile/Failed State, Governance, Social Services, Political Crisis, and Public Service
Political Geography:
Africa and Mali

36111. The Face of African Infrastructure: Service Availability and Citizens’ Demands

Author:
Benjamin Leo, Robert Morello, and Vijaya Ramachandran
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
Afrobarometer
Abstract:
The need for infrastructure improvements is a top-tier economic, political, and social issue in nearly every African country. Although the academic and policy literature is extensive in terms of estimating the impact of infrastructure deficits on economic and social indicators, very few studies have examined citizen demands for infrastructure. In this paper, we draw upon survey data to move beyond top-line estimates of national infrastructure access rates toward a more nuanced understanding of service availability and citizen demands at the regional, national, and sub-national levels. We find a predictable pattern of infrastructure services across income levels – lower-income countries have fewer services. The survey data also allows us to observe the sequencing of infrastructure services. On the demand side, survey respondents are most concerned with jobs and income-related issues, as well as with the availability of infrastructure, specifically transportation and sanitation. These priorities transcend demographic factors, including gender and location (urban/rural).
Topic:
Infrastructure, Social Services, Public Service, and Social Spending
Political Geography:
Africa

36112. Do men and women have different policy preferences, and if so, why?

Author:
Jessica Gottileb, Guy Grossman, and Amanda Lea Robinson
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
Afrobarometer
Abstract:
Gender quotas to increase women’s representation are often motivated by the assumption that men and women have different policy preferences. In Africa – where gender quotas have been particularly widespread – we find that gender differences in preferences are quite small on average, but vary significantly across both policy domains and countries. We propose a theoretical framework for differentiating policy domains where preference divergence indicates increased gender parity from those where it signifies growing inequality. We then demonstrate that favourable gender gaps increase with female labour-force participation, while unfavourable gaps are more likely where women are most vulnerable. We show that these gender gaps in preferences are related to gender gaps in both political participation and representation.
Topic:
Gender Issues, Labor Issues, Representation, and Participation
Political Geography:
Africa

36113. Are South Africa’s Youth Really a ‘Ticking Time Momb’?

Author:
Robert Mattes and Samantha Richmond
Publication Date:
01-2015
Content Type:
Working Paper
Institution:
Afrobarometer
Abstract:
This paper reviews longitudinal survey data on South Africa’s political culture produced by the Institute for Democracy in South Africa (1994-1998) and Afrobarometer (2000-2011) and finds that while there are real problems with democratic citizenship in South Africa, these problems are largely not peculiar to young people. Compared to other age cohorts, the youth (aged 18-25 years) of South Africa have the same conception of the role of citizen and are no more likely to endorse political violence or to hold negative views and intentions toward immigrants. They have slightly lower levels of cognitive engagement and cognitive sophistication than some other age cohorts and are less likely to engage in political processes. They also exhibit low levels of support for democracy – a problem they share with their elders.
Topic:
Immigration, Democracy, Citizenship, Youth, and Borders
Political Geography:
Africa and South Africa

36114. Working With a Rising India

Author:
Charles R. Kayne, Joseph S. Nye Jr., and Alyssa Ayres
Publication Date:
11-2015
Content Type:
Special Report
Institution:
Council on Foreign Relations
Abstract:
“A rising India offers one of the most substantial opportunities to advance American national interests over the next two decades,” asserts a new Independent Task Force report sponsored by the Council on Foreign Relations (CFR), Working With a Rising India: A Joint Venture for the New Century. Over the past ten years, India, the world's largest democracy, has lifted more than 130 million people out of poverty. The country has rebounded from a recent economic growth slump, surpassing China this year to become the world's fastest-growing major economy. “If India can maintain its current growth rate, let alone attain sustained double digits, it has the potential over the next two to three decades to follow China on the path to becoming another $10 trillion economy,” notes the Task Force. With Indian Prime Minister Narendra Modi's prioritization of economic growth and foreign policy revitalization, the country now has a window of opportunity to either make the necessary reforms or risk being left behind. “[India] will have to decide whether it wants to become a major part of global trade flows and deeply integrated into global supply chains. Doing so would boost India's efforts to grow its manufacturing sector and its economy; choosing not to will make that ambition harder to achieve.” Because India does not seek an alliance with the United States and closely guards its policy independence, U.S.-India relations will not resemble those Washington has with its conventional allies. For that reason, the Task Force recommends that “U.S. policymakers [should] explicitly emphasize a ‘joint-venture’ model for U.S.-India relations, focused on a slate of shared pursuits on which interests converge—and with clear mechanisms for coordinating and managing the known and expected disagreements.” The bipartisan Task Force is chaired by Charles R. Kaye, co-chief executive officer of the private equity firm Warburg Pincus and former chairman of the U.S.-India Business Council, and Joseph S. Nye Jr., distinguished service professor and former dean of the Harvard Kennedy School. Directed by CFR Senior Fellow for India, Pakistan, and South Asia Alyssa Ayres, the Task Force is composed of sixteen prominent experts from government, academic, nonprofit, and other sectors.
Topic:
Diplomacy, International Cooperation, International Trade and Finance, Bilateral Relations, Democracy, and Economic Growth
Political Geography:
India, Asia, North America, and United States of America

36115. Enhancing Climate Change Resilience in Fragile States

Author:
Katharina Nett
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
Climate change is increasingly perceived as a threat to human security and a challenge to the problem-solving capacity of states and societies, particularly in fragile states. While there is substantial literature on climate change adaptation in conflict-affected contexts, much less attention has been paid to how to enhance resilience in contexts of fragility and low state capacity. This paper argues that in order to effectively address the complex, in- tertwined risks resulting from the interplay of state fragility and climate change, a compre- hensive approach to resilience is needed that encompasses both climate change adapta- tion and state-building. An analysis of the climate change adaptation strategies and instru- ments of the UNFCCC and the EU shows that while there are some promising first ap- proaches, donors and international organisations working in the field of climate change adaptation need to build their adaptation strategies on a thorough understanding of the fragile context and take more action to adjust their policy instruments to the special needs of fragile states.
Topic:
Security, Climate Change, Environment, Governance, Fragile States, and Resilience
Political Geography:
Global Focus

36116. Building Inclusive Smallholder Agriculture Finance

Author:
Simon Striegel
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
Despite the increasing liberalization and penetration of rural financial markets in the global South, small-scale agricultural producers’ scarce access to formal financial services still constitutes a fundamental roadblock to improving financial inclusion and, thus, rural livelihoods. High transaction costs combined with covariant risks, a lack of financial literacy and the prevalence of moral hazard in agicultural lending impair the profitability and, hence, the availability of smallholder agricultural finance. Based on the theoretical concept of New Institutional Economics and underpinned by empirical evidence from small-scale coffee producers and financial institutions in Tanzania, this paper identifies major challenges of smallholder finance in the country and possible pathways through which financial inclusion can be elevated. The assessment of Tanzania’s smallholder-based coffee sector and financial system reveals that while organizational development among small-scale producers is clearly insufficient, inclusive rural financial systems, above all, depend on cohesive, well-governed and - managed producer organizations which qualify and act as intermediation points between small-scale producers and financial institutions.
Topic:
Agriculture, Development, Finance, Rural, and Farming
Political Geography:
Africa and Tanzania

36117. Human Rights Due Diligence through Stakeholder Engagement?

Author:
Brigitte Hamm and Anne Schax
Publication Date:
01-2015
Content Type:
Special Report
Institution:
Institute for Development and Peace
Abstract:
The report examines to what extent stakeholder engagement as a form of private governance can contribute to a corporation’s human rights due diligence performance. It takes as the basis for investigation a case study of a stakeholder engagement program implemented by the oper- ating company SMI for a planned copper-gold mine in the Philippines during the project’s pre- operational phase. The analysis examines criteria for good stakeholder engagement set out by the International Finance Corporation (IFC) and uses the UN Guiding Principles on Business and Human Rights as the conceptual framework. For the case investigated here, it is established that SMI’s stakeholder engagement program as well as the IFC’s guidelines evince several shortcomings from a human rights perspective, which in turn negatively affect other due dili- gence processes.
Topic:
Human Rights, United Nations, Governance, and Humanitarian Crisis
Political Geography:
Philippines, Asia-Pacific, and Global Focus

36118. Power Imbalance: Iran’s Gains, Saudi’s Challenges

Author:
Al Jazeera Center for Studies
Publication Date:
01-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
There is no one, sweeping reason for declining oil prices, but Iran and Russia have publicly and explicitly placed the blame on Saudi’s shoulders. The reality is, however, is that the drop in oil prices is just one more point of contention between Iran and Saudi in a line of regional issues that have brought to light the reality of an Iran-Saudi showdown. Iran’s growing regional expansion, the conflict over a Syrian resolution, and the Houthis’ increasing control over Yemen are all more convincing factors which help explain why Saudi is adamantly refusing to reduce its oil production. This position paper analyses Saudi’s challenges as it attempts to counter Iran’s gains in the Arab region, particularly in light of a possible nuclear deal between Iran and the US.
Topic:
International Relations, Oil, Regional Cooperation, and Economy
Political Geography:
Afghanistan, Iran, Middle East, Yemen, Saudi Arabia, and Syria

36119. President Hadi's Resignation: Dangers and Alternatives

Author:
Al Jazeera Center for Studies
Publication Date:
02-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
With President Abd Rabbuh Mansur Hadi’s resignation, Yemen lost a leader who had the ability to facilitate considerable consensus among diverse political forces involved in fierce conflicts over various issues, including the territorial conflict between north and south; the sectarian conflict between Zaidis and Shafiis; the political conflict between the old guard (represented by deposed president Ali Abdullah Saleh) and the new post-revolution regime headed by Hadi; and the armed conflict between al-Qaeda in the Arabian Peninsula (AQAP) and the Yemeni armed forces. As it stands, it appears that none of these warring forces can single-handedly force their will on the nation. Rather, it is clear they need to somehow work together and attain a degree of regional and international recognition. This also requires that these forces reposition themselves accordingly. This paper addresses the dynamics that drove Yemen to this state of affairs, and discusses probable scenarios for Yemen’s future.
Topic:
Domestic Politics, Conflict, and Political Crisis
Political Geography:
Middle East and Yemen

36120. Sisi’s Harvest: Illusion of Stability, Perpetuation of Unrest

Author:
Al Jazeera Center for Studies
Publication Date:
02-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
Events in Egypt last Sunday, the fourth anniversary of the 25 January revolution, had been gestating for almost nineteen months. Popular opposition to the 3 July 2013 regime has continued at varying scales, ranging from massive assemblies at the Rabaa al-Adawiya and al-Nahda squares to small demonstrations all over the country, with larger ones on Fridays. But the fourth anniversary’s events marked a deep change in the popular opposition’s temperament, and the sheer size of the demonstrations was more massive than any of last year’s popular movements. This image presents a stark contrast to the message that the regime has been trying to disseminate regionally and globally, claiming it is finally and successfully in control of the country, and that the sole challenge it has to overcome today is that of the economy. This paper presents an initial reading of the events of that day, and their implications for the futures of both the popular opposition and the regime, ending with a discussion on how regional and global forces view the regime.
Topic:
Authoritarianism, Revolution, Civil Unrest, and Abdel Fattah el-Sisi
Political Geography:
Middle East, North Africa, and Egypt

36121. Libyan Dialogue: Uphill Battle, Limited Chances for Success

Author:
Al Jazeera Center for Studies
Publication Date:
02-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
As analysts and observers attempt to parse out the intricacies of the current Libyan conflict, the United Nations is sponsoring a dialogue to bring together the warring parties and attempt to find a political solution. This paper proposes that while there are factors which increase the likelihood of successful dialogue, the reality is that internal disputes within each of the political parties, as well as regional and international attention to other, more pressing matters, mean that the dialogue is actually an uphill battle.
Topic:
Conflict Resolution, United Nations, Conflict, Negotiation, Political Parties, and Dialogue
Political Geography:
Libya and North Africa

36122. Daesh Trumps Assad Amid Shifting International Priorities in Syria

Author:
Al Jazeera Center for Studies
Publication Date:
02-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
As the Syrian crisis enters its fifth year, regional and international priorities in Syria have changed as a result of Daesh or the so-called Islamic State (IS) group’s expansion. Attempts to repackage the conflict and transform its essence into “fighting terrorism” have increased. In this context, initiatives have been launched to revamp the Syrian regime’s image on the grounds that the conditions that led to the first Geneva Communique no longer exist.(1) However, the prospect that Assad’s regime can be rehabilitated to make it acceptable domestically, regionally or internationally are at best a delusion. The regime’s repressive policies during the years that followed the revolution’s outbreak has made it a polarising rather than a unifying actor, one that has broken all possible lines of political capital and made its institutions even more sectarian during the crisis. In addition, armed groups representing divergent trends have emerged, and they will necessarily play a major role in any future arrangement, one that will not present itself unless power is redistributed in a way that changes the existing system’s structure.
Topic:
Non State Actors, Violent Extremism, Islamic State, Syrian War, and Bashar al-Assad
Political Geography:
Middle East and Syria

36123. Risks of Egypt’s Military Intervention in Libya

Author:
Al Jazeera Center for Studies
Publication Date:
02-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
An armed group calling itself the Tripoli Province of the Islamic State executed twenty-one Egyptian Copts in the Libyan city of Sirte last week, sparking a global wave of anger. This provoked the Egyptian government to launch hasty air raids; however, these raids surprisingly did not target Sirte, where the executions took place, but rather the city of Darna, killing and wounding civilians. This paper argues that the Egyptian government’s strikes were retaliatory and misguided by any standards. Not only did the air strikes clearly hit civilian targets, but the extent of damage, if any, inflicted on rebels belonging to the Darna Mujahideen Shura Council is still unclear. Also unclear are the whereabouts of the rebels and their camps, raising speculations about whether the air raids were just a prelude to wider Egyptian intervention, as well as the nature and extent of any such intervention.
Topic:
Government, Violent Extremism, Islamic State, and Military Intervention
Political Geography:
Middle East, Libya, North Africa, and Egypt

36124. Implications of Operation Decisive Storm

Author:
Al Jazeera Center for Studies
Publication Date:
03-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
Saudi Arabia, along with nine of its allies, has launched an offensive on the Houthi groups in Yemen. This offensive will have implications on not only Saudi Arabia and its immediate neighbours, but also on other international actors, including Iran and western countries such as the United States. This paper addresses the repercussions of this operation in light of growing Iranian expansion in the Arab world.
Topic:
Foreign Policy, Military Intervention, and Houthis
Political Geography:
Iran, Middle East, Yemen, Saudi Arabia, and United States of America

36125. King Salman’s Priorities: Revamping Alliances to Stop Iranian expansion

Author:
Al Jazeera Center for Studies
Publication Date:
03-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
Immediately after Saudi Arabia’s King Abdullah bin Abdulaziz passed, his successor, King Salman bin Abdulaziz Al Saud, made successive major decisions affecting key positions in the structure of the political system. It appeared that Salman was restructuring the government entirely. Naturally, numerous questions have been raised about whether the major changes in the structure of rule and government will be associated with parallel changes in Saudi foreign policy. If there has been a serious incident that set off warning bells in Saudi Arabia over the past few months, it has undoubtedly been the events in Yemen, where the Houthis have seized control of most of the north and thus opened the country’s doors to Iranian influence. The Saudis’ response, Operation Decisive Storm, are further evidence of Saudi’s changing priorities, but it is too early to make extreme predictions on the impact of these changes on specific regional issues and policies.
Topic:
Foreign Policy, Government, Alliance, and Regional Power
Political Geography:
Iran, Middle East, and Saudi Arabia

36126. Operation Decisive Storm: Reshuffling Regional Order

Author:
Al Jazeera Center for Studies
Publication Date:
04-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
Operation Decisive Storm is being interpreted as a first step towards curbing Iranian expansion in the Arab world rather than a step towards protecting Yemen and its legitimacy. Pakistan and Turkey’s support for this operation is significant in light of the US’ visible withdrawal from the region. With the operation still in its early days, it has become imperative to re-examine its goals, their feasibility, and implications of the attacks.
Topic:
Military Affairs, Military Intervention, and Conflict
Political Geography:
Pakistan, Turkey, Middle East, Yemen, and United States of America

36127. Turkish Parliamentary Elections: Risks and Predictions

Author:
Al Jazeera Center for Studies
Publication Date:
06-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
Turkey’s president and prime minister have not hidden the Justice and Development Party’s (AKP) intention to write a new constitution which converts the system of governance from parliamentary to presidential. In some ways, the 7 June 2015 Turkish parliamentary elections, the fourth parliamentary elections the AKP will contest, will decide the future of the country’s constitution and its system of governance. The most difficult factor to predict in this election has been the Kurdish vote, because the pro-Kurdish People’s Democratic Party (HDP) ran candidates as independents in the last parliamentary elections and received six per cent of the vote share. This time, the party has decided to run under its party banner, which will surely increase their vote share. The only question is how much.
Topic:
Elections, Domestic Politics, Political Parties, and Parliamentarism
Political Geography:
Turkey and Middle East

36128. Repercussions of Shifting Power in Syria

Author:
Al Jazeera Center for Studies
Publication Date:
07-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
The recent successive setbacks suffered by Assad regime forces are causing as much alarm among Bashar al-Assad’s opponents as they are among his allies. This has also prompted the political opposition to try to use the new shift in the balance of power to push for a political process that would lead to a transitional phase, ending more than four years of deadly conflict that can be easily called a brutal civil war. The Syrian armed opposition, despite appearing more and more like a tiny detail in a much larger game of regional and international interests, can still force changes to regional and global agendas, just as much as it can still force the regime and its allies to change tactics on the ground. All that alone, however, is nowhere near enough. Unless translated into real, tangible political results that would maintain Syria’s unity, and help rebuild the country, the opposition’s victories on the ground will remain but mere, isolated events of little significance.
Topic:
Military Affairs, Geopolitics, Conflict, and Syrian War
Political Geography:
Middle East and Syria

36129. The Iran Nuclear Deal: A Monumental Mistake by the Obama Administration or a New Beginning?

Author:
Al Jazeera Center for Studies
Publication Date:
07-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
The nuclear deal reached between Iran and the P5+1, China, France, Germany, Russia, the United States and the United Kingdom, will be scrutinized by diplomats, military experts and politicians for months and years to come. Statesmen and politicians will interpret the deal differently and each will vie to use the argument which suites the audience and the domestic base she/he represents. However, the psychological, economic, political, and military implications of the deal on the United States, Europe and many Middle Eastern countries will be monumental. The deal will impact the balance of power in the Middle East and will change its dynamics forever, change the dynamics of the energy markets in Europe, Thus creating tension between Russia and Europe, and will ignite a fierce security debate between Democrats and Republicans in the United States on the culture of regime change and the use of force. The deal will bring the subject of regime change to the political forefront in the US and will raise a serious question on whether the use of force is the only effective mechanism to change the behavior of states in order to achieve favorable outcomes. Both Republicans and Democrats used force as a tool for regime change, however the Obama administration is a advocating for new means: diplomacy.
Topic:
Security, Nuclear Weapons, Treaties and Agreements, Regime Change, and Geopolitics
Political Geography:
Russia, United States, China, United Kingdom, Iran, Middle East, France, and Germany

36130. 'Roma' Policy Making: Key Challenges and Possible Solutions

Author:
Zora Popova
Publication Date:
01-2015
Content Type:
Policy Brief
Institution:
European Centre for Minority Issues
Abstract:
Acknowledging the need for an integrated and targeted approach towards the inclusion of the largest European minority, the EU has moved forward over the past decade in its efforts to develop and launch policies and programmes aiming at bringing about a positive change to the situation of Roma. Despite the significant funds allocated for the implementation of initiatives and strategies, no significant impact has been accounted throughout Europe over the years. The current policy brief looks at some factors that appear to be key impediments to the development of a sustainable and successful policy and suggests steps for overcoming the identified problems.
Topic:
Minorities, Ethnicity, Discrimination, Conflict, and Identity
Political Geography:
Europe

36131. Instigations of Separatism in the Baltic States

Author:
Mindaugas Kuklys and Raul Carstocea
Publication Date:
06-2015
Content Type:
Policy Brief
Institution:
European Centre for Minority Issues
Abstract:
This Issue Brief deals with some recent attempts to instigate and foment separatism in certain regions of all three Baltic states – Estonia, Latvia, and Lithuania. Although these attempts would appear at first glance to be spontaneous, we argue that certain recurring elements and links between them seem to indicate that they are rather coordinated actions showing a certain level of organization. In turn, these recent cases have direct bearing on the relationship between minorities and majorities in the Baltic states after the Russian annexation of Crimea and the increasingly strong promotion of the Eurasian Union initiated by Russia. Despite the differences between Estonia and Latvia on the one hand – which have large Russian-speaking minorities continuing to face integration challenges – and Lithuania – with a relatively small and well-integrated Russian minority –, these recent calls for separatism are manifest in all three countries under consideration.
Topic:
Minorities, Ethnicity, Discrimination, Separatism, and Identity
Political Geography:
Europe and Baltic States

36132. Minority Women’s Hard Choices when Seeking Redress for Multiple Discrimination

Author:
Tove H. Malloy
Publication Date:
10-2015
Content Type:
Policy Brief
Institution:
European Centre for Minority Issues
Abstract:
Minority women face several dilemmas when they seek redress for multiple discrimination through international human rights instruments. Although human rights instruments are universal in nature, they address either specific issues or they target specific categories of beneficiaries. A minority woman suffering multiple discrimination cannot, therefore, claim her rights in one place but must direct her petition to several instruments. Since this is rarely feasible, minority women may have to make the very hard choice between seeking redress as women, or as members of a minority, or as individuals experiencing specific discrimination. This is no small matter as minority women often suffer discrimination on multiple accounts as members of both social and cultural groups. This Issue Brief explores the legal obstacles that minority women encounter because of their complex human condition.
Topic:
Gender Issues, Minorities, Ethnicity, Discrimination, and Identity
Political Geography:
Global Focus

36133. How can developing cities provide better water to their residents?

Author:
Benjamin Edwards and Mohammad Hamze
Publication Date:
11-2015
Content Type:
Commentary and Analysis
Institution:
Urban Institute
Abstract:
The world’s urban population is projected to add 2.5 billion people by 2050, with nearly 90 percent of the increase concentrated in Asia and Africa. The provision of safe, clean drinking water in urban settings is a high priority for international development, and justifiably so. Drinking water that is protected from contamination improves health, education, and economic growth, yet roughly 150 million urban dwellers do not have access, with numbers on the rise. Fortunately, the problem has not gone unrecognized. An expansive body of work explores the causes of water market failures and the policy interventions national governments can use to mitigate them. This body of work, however, has paid less heed to local governments’ role in implementing those policies, a critical link in the chain of service provision.
Topic:
Development, Government, Water, and Cities
Political Geography:
Africa, Asia, and Global Focus

36134. A more comprehensive picture of local public spending in global health and education

Author:
Jameson Boex and Benjamin Edwards
Publication Date:
04-2015
Content Type:
Commentary and Analysis
Institution:
Urban Institute
Abstract:
As we approach this year’s deadline for achieving the UN’s Millennium Development Goals, the global development community is trying to decide how to make the new targets for 2030 more responsive and appropriate to local needs. An important piece of this debate concerns the role of local governments, and how local spending on public services such as health care and education could promote human welfare. A growing body of research explores this relationship, but so far the focus of most studies has been limited to spending by elected local governments, with the assumption that this type of local spending is the only type that matters. Yet many local entities responsible for service delivery in the developing world are not elected. Excluding resources provided directly by central government ministries or their local administrative arms ignores a rich and complicated story of how different levels of government interact to provide basic services.
Topic:
Development, Education, Government, and Health
Political Geography:
Global Focus

36135. How do urban migrants access land and services in African cities?

Author:
Luke Fuller
Publication Date:
06-2015
Content Type:
Commentary and Analysis
Institution:
Urban Institute
Abstract:
Africa is on the move. Cities across the continent are continuing to grow, shrink, and transform in response to the demographic and economic pressures that drive urban migration. By conservative estimates, every hour Dar es Salaam, Tanzania is growing by 47 people; Kinshasa, DR Congo by 53 people; and Lagos, Nigeria by 58. Today about 40 percent of Africans are city dwellers, and that number will rise to nearly 60 percent by 2050 as sub-Saharan cities swell with 800 million new residents. This tremendous shift in where people live represents a major opportunity to guide development, but it also raises important questions. In places where land is scarce and expensive, how do urban migrants find a foothold? What opportunities or anchors do people use to establish themselves in the city? How do they buy or rent land for their own use and welfare? And what does this mean for governments?
Topic:
Demographics, Urban, Cities, and Migrant Workers
Political Geography:
Africa

36136. How can we strengthen local government responses to displacement in Africa?

Author:
Caroline Smith and Luke Fuller
Publication Date:
06-2015
Content Type:
Commentary and Analysis
Institution:
Urban Institute
Abstract:
Of the world’s 10.5 million refugees, just one-third reside in camps. This figure turns on its head the common perception that refugees live in rural camp settings and begs the question: where are the other seven million refugees? The short answer is that many refugees and displaced peoples make their way to cities or other communities in pursuit of better opportunities for employment and education, to join existing ethnic or familial social networks, and to gain some level of security not available to them in settlements. However, host country policies designed to protect and support refugees often apply only to those residing in settlements, implicitly discouraging refugees from moving into urban areas. So if policies largely overlook the existence of urban refugees, how do governments, humanitarian agencies, civil society organizations, and others plan, implement, and coordinate efforts to ensure that this massive segment of the refugee population is cared for?
Topic:
Government, Refugees, and Displacement
Political Geography:
Africa

36137. What defines a “city”?

Author:
Ammar A. Malik and Julia Hagen
Publication Date:
10-2015
Content Type:
Commentary and Analysis
Institution:
Urban Institute
Abstract:
Readers love lists, especially city rankings. There are lists that rank the world’s leading cities of opportunity, the most sustainable cities, the bike-friendliest cities, the top shopping cities, and even the most competitive cities in the future. What they all share is an attempt to measure cities. But what defines a city? The answer isn’t as clear-cut as it seems. Every year, leading corporations fund the publication of an increasingly large number of benchmarking studies, which generate significant interest in the media. Even the UN has jumped on this bandwagon by adapting, for the first time, an urban goal within the Sustainable Development Goals framework. However, the basic question of what constitutes a city is often defined inconsistently across rankings. This could leave general-interest readers and policymakers, confused, or worse—misled.
Topic:
United Nations, Urbanization, Sustainable Development Goals, and Cities
Political Geography:
Global Focus

36138. The Asia-Pacific and the Royal Canadian Navy

Author:
Eric Lerhe
Publication Date:
06-2015
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
Over the past five years, there have been repeated academic and media calls for greater Canadian engagement in the Asia-Pacific, with the Royal Canadian Navy taking the lead. Such engagement, it was claimed, was needed to reflect Canada’s increasing economic links, rapidly-growing personal ties to the area, and the deteriorating security climate, especially in the South China Sea. Despite government claims that Canada “gets it” as to the importance of the region, little of consequence has occurred and our Navy’s Atlantic dominance remains. For this and other reasons, Canada is now widely considered “absent” from the region. This paper argues that this cannot safely continue as both our security and our access to the rapidly growing Pacific economies will be at risk. The paper then examines our history in the area, the 2011 U.S. “Pacific pivot,” our own weak “mini pivot,” and the current security situation before providing detailed recommendations for greater Canadian naval engagement.
Topic:
International Affairs, Military Affairs, and Navy
Political Geography:
Canada, North America, Asia-Pacific, United States of America, and South China Sea

36139. Science and diplomacy after Canada’s lost decade: Counting the costs, looking beyond

Author:
Daryl Copeland
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
In the twenty-first century, Canada’s security and prosperity - and the shared prospects for peace and development globally - depend increasingly on diplomacy rather than defence. In that regard, not least because there are no military solutions for the most pressing problems facing the planet, science diplomacy, and international science and technology more generally, have never mattered more. Yet rather than building a capability to join in collaborative efforts to find and deliver effective responses to complex global issues, under the Conservative Government key Canadian policy instruments were run down. Preoccupied with foreign wars, Islamist terrorism and related fear-inducing threats, Canada’s political decision-makers shunned science, disdained diplomacy and dismissed multilateralism. That record has diminished this country’s international reputation and influence while leaving the population vulnerable and exposed to a wide range of S&T-based threats. If Canada is to face the future with confidence, the new government must reallocate priorities and resources in support of science and diplomacy, and move immediately to address performance issues. Specific policy recommendations conclude this analysis.
Topic:
Diplomacy, Science and Technology, International Affairs, and Multilateralism
Political Geography:
Canada and North America

36140. No, But Yes. Military Intervention in the New Era: Implications for the Canadian Armed Forces

Author:
Bernd Horn
Publication Date:
03-2015
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
The current complexity, ambiguity and chaos in the contemporary operating environment creates, for most national governments and their militaries, difficulty in adequately understanding, coping and responding to the myriad of security concerns. The challenge is normally one of scope and viable options. Canada is no different. Both the Government and the Canadian public are war-weary from over a decade of savage insurgency in Afghanistan. Further, the dire international economic situation has necessitated fiscal austerity measures that have had a significant impact on the Canadian Armed Forces (CAF). As a result, the Government is reluctant, if not downright opposed, to any form of military intervention that may lead to becoming embroiled in another long drawn-out conflict with ground forces that will create a drain on national blood and treasure. Therefore, there is a tendency to say “No” to military intervention. Yet, for the government to maintain its status and influence with Allies, friends and global partners, it cannot be so naïve. It must do its share of “heavy lifting” with regard to ensuring world stability and security. As such, this article examines the necessity for the CAF, which will find itself squeezed by the fiscal necessity of the times, to simultaneously deliver relevant, strategic expeditionary capabilities that can quickly deploy and that will allow the Canadian government to maintain its credibility as a reliable ally and global partner.
Topic:
Insurgency, Armed Forces, Military Affairs, and Military Intervention
Political Geography:
Afghanistan, Canada, and North America

36141. NATO: Countering Strategic Maskirovka

Author:
Julian Lindley-French
Publication Date:
05-2015
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
What must NATO do to counter President Putin? Maskirovka is the traditional Russian use of military deception and Russia’s seizure of Ukraine-Crimea and incursion into eastern Ukraine is just the beginning of a new multi-dimensional Russian challenge to NATO and the West. Moscow has established a new level of ambition – strategic Maskirovka – by which disinformation is applied against all levels of NATO’s command chain and wider public opinion to keep the West politically and militarily off-balance. First, NATO’s strongest military powers must demonstrate the will and the capacity to meet the Russian challenge. Second, NATO, an alliance of democracies, must re-establish itself at the core of a world-wide web of secure, mutually-reinforcing democracies anchored on the United States. Third, defence expenditure of all the NATO allies must move towards 2% GDP and quickly. Fourth, the Alliance must mean what it says. Strategic unity of effort and purpose is key to deterring Russia. Fifth, Europeans must take the lead in efforts to convince President Putin that Russia has nothing to gain from such an aggressive strategy. President Putin is an opportunist. He believes that the West is decadent and declining and that his use of strategic Maskirovka can keep the Allies sufficiently divided and politically offbalance to enable him to achieve his primary strategic objective: the creation of a new Russiancentric sphere of influence around Russia’s borders and the ending of ‘frozen conflicts’ in Eastern Europe and Central Asia in Russia’s favour. Putin also believes that whatever weaponssystems NATO has at its disposal, Europeans are so weak and divided that little or no military action will ever be taken against him. Putin may be right and his gamble (for that is what it is) could pay off if the Alliance does not stand firm and act together.
Topic:
Defense Policy, NATO, and International Affairs
Political Geography:
Russia, Eurasia, and Ukraine

36142. Middle East Realities and Western Responses

Author:
Michael Bell
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
The 2011 popular uprisings in the Arab world brought much hope that democratic change was dawning. Five years later authoritarianism, exclusive ethno-nationalism and extreme ideologies dominate the region. Fair-minded normalcy in Iraq, Syria, Yemen and tribal Libya, and in the region as a whole, is beyond reach in any foreseeable future because democratic transformation requires profound behavioural changes by the protagonists. The question then is whether there is anything that Western countries can do on a human scale to alleviate the suffering generated by this tragic situation. A realistic and pragmatic approach, governed by our capabilities, is a sine qua non. If we content ourselves with limited goals, as with supporting states at risk and refugee relief, we may just salvage something. Disempowering cult behaviour is beyond the art of the possible.
Topic:
Authoritarianism, Ethnicity, Arab Spring, Military Intervention, Ideology, and Liberalism
Political Geography:
Middle East and Arab Countries

36143. Crisis – Order – Europe: Germany Steps Up

Author:
Gary Soroka
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
Germany recently issued the results of a year-long review of foreign policy titled “Crisis – Order - Europe”. The principal conclusions are: crises - unpredictable and dangerous - are the new norm; the multilateral system is unable to meet the demands placed upon it; and Germany’s relationship with Europe has to be factored into every major policy discussion. The German Foreign Ministry will be restructured to improve policy development and delivery in these three areas. The wider context for the review is that the traditional foreign policy heavyweights within Europe - France and Britain - are not able or willing to play the role they used to, while the USA is overstretched in a number of global hot spots and so Germany must assume greater responsibility. The German population, however, fears that deeper engagement on “hard” security issues could drag the country into foreign conflicts, and so a major effort will be made to build public support for a German international role commensurate with its growing economic and political power.
Topic:
Foreign Policy, International Affairs, Conflict, and Multilateralism
Political Geography:
Europe and Germany

36144. Championing the Joint Force: a Job for the Public and our Political Leaders – Not Just Military Professionals Alone

Author:
Stuart Beare
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
Canada’s security interests and the mission of our Armed Forces – to defend Canada, defend North America and promote peace and security abroad – largely remains unchanged and timeless. The nature of the security environment, however, has not – nor will it be in the years to come. An effective and relevant Canadian Armed Forces will continue to require capable, well-equipped and operationally ready maritime, air and land forces, which are largely raised and trained within our Army, Navy and Air Force. But in order for defence to remain relevant and effective in an era of increased instability, volatility and unpredictability, our Armed Forces need an increased understanding of what is going on and preparedness for what is to come. This is the business of our military’s Joint Force – those that include and that go beyond the tactical units that the services provide. Joint organizations and networks generate intelligence, provide understanding and lead the partnering, planning, force-posturing and practicing that is essential to anticipating, preparing for and conducting operations, particularly in a world of unrelenting complexity. A decade after former Chief of the Defence Staff (CDS) General Rick Hillier’s extraordinary initiatives to transform our Armed Forces from a service-centric, machine-age force to one focused on the business of operations, which thinks and acts as Canadian Forces (joint) first, we see evidence of real progress in the approach to joint operations. There is also an improved appreciation of our military’s joint functions and capabilities. Unlike the political and public calls for strong services and the modernization of their major platforms, however, this progress has been realized largely through efforts internal to the Armed Forces themselves. The initiative has been without political leadership and external policy top-cover, rendering it vulnerable and reversible. This paper describes the functions of the Joint Force, advocates for the capabilities required to enable partnerships, enhance understanding and advance mission preparedness, and calls for unified leadership of the joint domain and over our military’s joint culture. Our traditional international partners have travelled this road. They too see that clarity on joint functions, joint capability, joint domain leadership and stewardship over joint culture are vital to the military’s relevance and operational effectiveness. This is also critical to its agility and flexibility in the years to come. Their progress is the result of internal professional transformation, as well as the requirement by political leaders and modern defence policy to make this so. Here in Canada, the forming of a new government this autumn calls for a new look at defence policy, providing an opportunity to invite that same political leadership and influence. Joint functions, joint capabilities and clear joint leadership are vital to our military’s relevance to, and effectiveness in, our national defence and operations. A Joint Force and the joint domain, like a strong and capable Army, Navy and Air Force, need to be led, resourced and fully engaged before planes fly, ships sail and troops deploy. Joint-ness requires external understanding and proponents, and, within the Forces, a clearly identifiable champion. In Canada, however, these range from ambiguous to absent.
Topic:
Defense Policy, Armed Forces, and Military Affairs
Political Geography:
Canada and North America

36145. Canada and Asia: Prosperity and Security

Author:
Marius Grinius
Publication Date:
06-2015
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
Arguably the mid-1990s were Canada’s “Golden Age of Asia”, highlighted by the Team Canada trade visits by Prime Minister Jean Chretien and the provincial Premiers to China, India, Pakistan and Japan, as well as to Indonesia, Malaysia, the Philippines, Vietnam and Thailand. At the same time Canada played a prominent role in Asian security matters. This included Canadian expert participation in multilateral discussions on the South China Sea and in the North Pacific Cooperative Security Dialogue, a Canadian initiative. That particular Golden Age culminated with the Government proclaiming 1997 as “Canada’s Year of Asia Pacific”. Trade statistics indicate that Canada has once again rediscovered Asia, at least in terms of commercial prospects. What is less clear, however, is Canada’s commitment to the security and stability challenges that Asia continues to face. Notwithstanding all of the positive indicators of economic success in the Asia-Pacific region and all of the incentives for even greater prosperity within a predictable and peaceful environment, there are still many instances of potential military conflict that could jeopardize Asia’s economic successes. While Canada has considerable economic interests in Asia Pacific, its security record there is modest. Now, when China is our number two trading partner and Japan is number three, when we have our first Asian Free Trade Agreement, when we are looking to closer economic ties with the Asia-Pacific region, it would make sense for Canada to contribute more substantially to Asia Pacific’s long-term stability and security architecture. It has in the past. Canada has expressed its desire to join the East Asia Summit and the ASEAN Defence Ministers Meeting Plus Forum. It appears, however, that ASEAN is still not quite convinced of Canada’s commitment to Southeast Asia, or to Asia, and continues politely to stall until such time as Canada can show a serious, long-term track record of participation in ASEAN strategic and security priorities. The Asian way requires frequent and consistent face-time. Relationships matter. The regular message from polite ASEAN interlocutors remains the same: where is Canada? From the late 1980s and to about 2006, Canadian academic experts were closely involved in all relevant Asian fora, including the Pacific Economic Cooperation Council, the Council for Security Cooperation in Asia Pacific and the North Pacific Cooperative Security Dialogue. The Canadian Consortium on Asia Pacific Security, a group of some one hundred researchers across Canada, was highly active in Track II diplomacy (informal, non-governmental and unofficial) on Asian security issues. This included Canadian Law of the Sea experts who addressed South China Sea issues, a ten-year effort co-hosted and funded by Indonesia and CIDA. Government of Canada funding for this type of work, however, has dried up. All current Canadian Track II efforts are funded by private institutions. Just when China is taking an aggressive stance in the South China Sea, Canada is absent. Canada must demonstrate a stronger and more consistent commitment to Asia that goes well beyond the economic-commercial dimension. It must include a robust defence and security dimension. Canada has, for now, chosen to emphasize a mercantile foreign policy. Such an approach, however, must not ignore the need for a strong defence policy anchored within a vigorous foreign policy that is able to meet the challenges of the twenty-first century. This applies to Canada’s approach to the Asia-Pacific region as much as to the rest of the world. Neither a “Global Markets Action Plan” nor a separate “Canada First Defence Strategy”, both formulated in a policy vacuum, is sufficient. There is a serious need for a Foreign Policy and complementary Defence Policy review, one where the Asia-Pacific region will be prominent.
Topic:
International Relations, Security, Economics, Military Affairs, and Trade
Political Geography:
Canada, Asia, and North America

36146. An Energy Strategy for Canada

Author:
Michal C. Moore
Publication Date:
10-2015
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
Canada is struggling to fully develop, sell and move its energy resources. This is a dramatic change from the recent past where the U.S. has provided stable growth in demand for energy supplied by the provinces, from hydrocarbons to electricity. Current circumstances now challenge this relationship, adding environmental, policy and economic hurdles that exacerbate the impact of fluctuations in world demand and pricing. In addition, competitive interaction between provinces, aboriginal land owners and special interest groups complicate and compound the issues of royalty returns, regulatory authority and direction, land-use management and long-term market opportunities for Canadian companies. There is no strategic document guiding the country’s energy future. As the steward of one of the largest, most diverse and valuable energy "banks" in the world, Canada has a unique opportunity to exploit a critical and valuable economic niche in the world economy. Given the lack of federal leadership and the tendency for each province to undercut each other in the same marketplace, there is also the distinct possibility the nation will squander the opportunity. This document offers the rationale for a comprehensive energy strategy, literally a vision where Canada can lead and not follow opportunities in energy markets. This strategic approach to energy systems by definition will include transportation, housing, employment and financial markets. It is not a plan, not a foil for tax or policy guidance in one or more sectors. This strategy is a fundamental rail on which plans, tactics and policies can be built. This vision identifies how the provinces can work together using all the tools available to them, maximizing long-term resource development while minimizing environmental damage. This document assumes there can be a broad commitment and effort by the federal government to help build those tools, providing guidance and assistance where needed without obstructing or denying the fundaments of the Canadian Constitution, First Nations people, and the role of provinces in managing the resources within their borders. This recommended energy strategy highlights changes occurring in world markets that threaten successful, coherent energy policy development in the absence of a unifying strategy. This strategy highlights the need to look ahead, understand these changes, and create adaptive, unifying processes that will provide long-term economic and geopolitical stability using energy as the common denominator for Canada's future.
Topic:
Energy Policy, Government, Conflict, and Risk
Political Geography:
Canada and North America

36147. After America, Canada’s Moment?

Author:
Ian Brodie
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
The last decade has seen serious setbacks to the global role of the United States. Iraq, Afghanistan and the 2008 economic crisis provoked deep partisan debates about American policy but little in the way of consensus on how to respond. Meanwhile, America’s rivals have gained strength and a new south-south economy of investment and trade has emerged. There is little disagreement that the U.S. has lost its relative power to influence developments around the world. Is this Canada’s moment to extend our global influence? Canada’s privileged geography gives us freedom to choose where and how to engage beyond North America. We have opportunities across the Atlantic and across the Pacific, as evidenced by our simultaneous negotiations at the CETA and TPP tables. But freedom of choice means we have trouble committing to relationships beyond North America. Unlike, say, Australia, which must engage in the Pacific, we face no natural imperative to be “all in” in Asia. Moreover, even though Canada does not have a history as a colonial power, we are often ambivalent about engaging with the new global south. We prefer to deal with emerging economic powers through clubs we already belong to - the G-20, the Commonwealth and the Francophonie. But as south-south institutions displace the influence of the “world America made”, the room for Canada to exercise global influence has declined. We were once welcome as a dependable joiner of international clubs, but we are having trouble joining newer, more dynamic clubs like the Pacific Alliance.
Topic:
Foreign Policy, Military Affairs, Geopolitics, Economy, and Trade
Political Geography:
Canada, North America, and United States of America

36148. Communications Surveilance in Colombia: The Chasm between Technological Capacity and the Legal Framework

Author:
Carlos Cortés Castillo and Celeste Kauffman
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
Dejusticia
Abstract:
This book aims to examinate the colombian legal and jurisprudential framework related to the communication surveillance of today’s technologies. Phrased in the form of hypothesis, the purpose is to demonstrate how intelligence-related laws and jurisprudence fail to ensure that potentially affected rights remain intact.
Topic:
Security, Science and Technology, Communications, and Cybersecurity
Political Geography:
Colombia and Latin America

36149. Amphibious Research: Action Research in a Multimedia World

Author:
César Rodríguez
Publication Date:
06-2015
Content Type:
Research Paper
Institution:
Dejusticia
Abstract:
Action research combines academic studies, participation in public debates, public policy advocay and the strengthening of institutions (for example, think tanks and nongovernmental organizations). This book explores the advantages and challenges of this type of work. Closely interacting with diverse audiences tends to give the action researcher greater empirical accuracy and relevance, and also serves as as source of motivation. Nevertheless, it can also lead to the risk of dispersion, lack of analytical distance and burnout.
Topic:
Science and Technology, Research, Academia, and Multimedia
Political Geography:
Latin America

36150. Human Rights in Minefields: Extractive Economies, Environmental Conflicts, and Social Justice in the Global South

Author:
César Rodríguez
Publication Date:
08-2015
Content Type:
Research Paper
Institution:
Dejusticia
Abstract:
This book collect stories of 16 activists researchers of the Global South about differents subjects of human rights in their respective countries. There are the results of the first workshop investigation-action realised by Dejusticia.
Topic:
Development, Environment, Human Rights, Social Justice, Mining, and Justice
Political Geography:
Global South

36151. Executive Summary Effective Criminal Defence in Latin America

Author:
Alberto Binder, Ed Cape, and Zaza Namoradze
Publication Date:
10-2015
Content Type:
Special Report
Institution:
Dejusticia
Abstract:
This document contains the results of a research project, Effective Criminal Defence in Latin America, which was conducted over a two and a half year period commencing in the summer of 2012. It discusses the main issues concerning criminal defence rights for each jurisdiction in the study; (ii) in light of these findings, recommendations designed to improve access to effective criminal defence in practice for each jurisdiction; and (iii) recommendations for the development of international standards on effective criminal defence for the Latin American region.
Topic:
International Law, Criminal Justice, Justice, Criminology, and Legal Sector
Political Geography:
Latin America

36152. Drugs and the Death Penalty

Author:
Patrick Gallahue
Publication Date:
10-2015
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
There are currently thousands of people on death row for drug-related offenses in Asia, the Middle East, and parts of Africa. The international drug control system must share the blame, as treaties promoting strict and severe punishments for drug offenses have opened the door to such responses. UN human rights and drug control bodies now recognize that the death penalty for drugs violates international law, but a number of states that are parties to drug control treaties argue that capital drug laws are a permissible sanction. While many countries around the world are abolishing the death penalty for all crimes at an unprecedented rate, other countries such as Iran and Saudi Arabia are increasingly prescribing the death penalty for drug-related crimes despite evidence showing that it has not been effective in curbing the flow of drugs across territories. While there no fixed model for the kinds of people who have suffered the death penalty for drugs, all too often those who become smugglers borders represent people in desperate circumstances who have been coerced or tricked into breaking the law. Sometimes they are mere teenagers. Executing those who are referred to as “little fish” is disproportionate to the crime. And as both international human rights and drug control bodies have made clear, it is a violation of human rights law. Drugs and The Death Penalty explores how the laws that subject drug offenders to capital punishment are inextricably linked to the international war on drugs and provides recommendations for governments to review current policies and explore alternate, less draconian sanctions.
Topic:
Crime, International Law, War on Drugs, Criminal Justice, Drugs, Public Health, and Death Penalty
Political Geography:
Africa, Middle East, and Asia

36153. The League of Arab States: Human Rights Standards and Mechanisms

Publication Date:
11-2015
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
With the Arab region in a state of flux, the League of Arab States seems poised to play a much-needed role on issues such as peace, security, and human rights in Arab countries. Until now, this role has been far from consistent or guided by a genuine human rights agenda. However, a closer look at the Arab League during the recent crises in the region reveals a slow shift in its positioning, highlighting the importance for civil society to engage with the Arab League and influence policies and reform in the region. Interest in the work of the Arab League is not new to civil society in the region. Civil society organizations have, for example, engaged very closely with the process of revising the Arab Charter on Human Rights. They have also worked with the League on the Darfur and Syria crises. However, this engagement has been fragmented, and at times not driven by a clear strategy. Therefore, this engagement and its impact can be strengthened through effective strategies and mechanisms. It is, therefore, paramount that the Arab League reform its relationship with civil society, and at the same time for civil society to improve its own relationship with the Arab League. The ultimate goal is better protection of human rights in Arab countries. This manual has been produced with these challenges and opportunities in mind. It aims at providing information to activists in the civil society movement, especially those working in the human rights field, on the structures, standards, and mechanisms of the Arab League relating to human rights. Better understanding of these issues can only contribute to better engagement with the Arab League, and therefore the ability to influence and reform the organization.
Topic:
Civil Society, Democratization, Human Rights, Authoritarianism, Reform, Arab Spring, State Violence, Revolution, and Arab League
Political Geography:
Middle East and North Africa

36154. Civil Society Voices: How the EU Should Engage Its Eastern Neighbours

Author:
Iskra Kirova and Sabine Freizer
Publication Date:
05-2015
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The EU’s “eastern neighbourhood” is an increasingly complicated and contested space. The challenge of Russia’s resurgence and regional elites’ resistance to reform are forcing the EU to reevaluate its policies. With the launch of its Eastern Partnership six years ago, the EU was ready to offer its neighbors to the east—Armenia, Azerbaijan, Belarus, Georgia, Moldova, and Ukraine—integration into the EU market, mobility of people, and close political ties in exchange for rule of law and democratic and economic reforms. Today, it questions whether this policy has secured its strategic interests and political influence. The Eastern Partnership reinforced domestic constituencies for change in at least three partners—Georgia, Moldova, and Ukraine—that in 2014 signed association agreements. It has not lost the potential to contribute to democratic processes and support reformers in the other three: Armenia, Azerbaijan, and Belarus. The Eastern Partnership remains the EU’s most effective foreign policy instrument to build accountable and stable institutions and states, and uphold the EU’s commitment to its neighbors’ sovereignty and right to make independent foreign policy choices. This policy paper—the result of extensive discussions with experts and civil society leaders—highlights local concerns and expectations about the EU’s role in the region and its support for stability and democracy. As the EU rethinks its policies in the area, this paper offers recommendations on how to make the Eastern Partnership more effective and relevant to people, societies, and government, and to secure the EU’s interests in an increasingly polarized and unstable region.
Topic:
Civil Society, Nationalism, Regional Cooperation, European Union, Democracy, Economic Policy, Elites, and Economic Integration
Political Geography:
Europe, Ukraine, Moldova, Armenia, Azerbaijan, Georgia, and Belarus

36155. License to Be Yourself: Forced Sterilization

Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The vast majority of trans people around the world cannot obtain legal recognition of—or official documents that match—their gender identity. Where laws do recognize trans people, they often require that trans people have undergone gender affirming surgeries or hormone treatment, which result in sterilization. This forces trans people to choose between legal recognition of their gender identity or medical treatments they do not desire. In many cases these requirements amount to forced or coerced sterilization. This brief explains legal requirements that affect the recognition of trans and intersex people. It examines case law and addresses key arguments made by those who defend required medical treatments. It is the second of four resources for activists that accompany Open Society’s 2014 report on legal gender recognition across the world, License to Be Yourself.
Topic:
Gender Issues, LGBT+, Public Health, Identity, Transgender, and Sterilization
Political Geography:
Global Focus

36156. License to Be Yourself: Trans Children and Youth

Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The vast majority of trans youth around the world cannot obtain legal recognition of—or official documents that match—their gender identity. This means trans youth have to navigate sex-segregated situations with no formal documents that support their gender identity. This exposes trans youth to exclusion, discrimination, and abuse. Day-to-day impacts include being excluded from single-sex schools, and from gender-segregated activities such as sports teams or school camps. Often trans children and youth are prohibited from using school bathrooms that are appropriate for their gender identity, placing them at high risk of violence and bullying. This brief explains international human rights obligations and current recognition laws from across the world. It also examines key arguments made by those who opppose legal gender recognition for trans youth. It is the third of four resources for activists that accompany Open Society’s 2014 report on legal gender recognition across the world, License to Be Yourself.
Topic:
Education, Gender Issues, Youth, LGBT+, Sexual Violence, Justice, Sexuality, Sexual Health, and Transgender
Political Geography:
Global Focus

36157. License to Be Yourself: Marriage and Forced Divorce

Publication Date:
04-2015
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The vast majority of trans people around the world cannot obtain legal recognition of—or official documents that match—their gender identity. Where laws do recognize trans people, they often exclude those who are married. This forces trans people to choose between legal recognition of their gender identity or their marriage. Forced divoce violates trans people’s right to privacy, marriage, and recognition under the law. This brief explains legal restrictions that affect the recognition of married trans and intersex people. It examines case law and addresses key arguments made by those who oppose such recognition. It is the first of four resources for activists that accompany Open Society’s 2014 report on legal gender recognition across the world, License to Be Yourself.
Topic:
Law, Discrimination, LGBT+, Family, Sexuality, Marriage, and Transgender
Political Geography:
Global Focus

36158. Community, Not Confinement

Publication Date:
10-2015
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The UN Convention on the Rights of Persons with Disabilities (CRPD) affirms the rights of all people to live in their communities. Yet between 2007 and 2013, EU member states invested millions of euros of EU structural funds into institutions that confine and segregate people living with disabilities. Now, although the 2014–2020 round of structural funds requires member states to introduce domestic deinstitutionalization measues, the danger remains that EU investments in institutions will continue. The European Commission has a responsibility to ensure the rights of Europeans with disabilities and the proper direction of EU investments. Community, Not Confinement examines EU law and policy governing the use of structural funds, and EU and state responsibilities to human rights obligations under international and EU law. This report also recommends several steps the commission should take, including providing clear guidance to member states that projects selected for the use of structural funds must comply with the CRPD; verifying that such programming aligns with the CRPD and supports independent living; and funding civil society to monitor member states’ investments and inform the commission of findings.
Topic:
Human Rights, International Law, United Nations, Law, Disability, Community, Political Rights, and Legal Sector
Political Geography:
Europe

36159. Baku Dialogues

Author:
Zaur Shiriyev
Publication Date:
06-2015
Content Type:
Journal Article
Journal:
Baku Dialogues
Institution:
ADA University
Abstract:
“Baku Dialogues” is a series of events featuring leading world personalities who will address subjects of current international interest by presenting their views and participating in discussion of these subjects with interested Azerbaijani and international figures. These presentations and discussions, along with other submissions, will be recorded in the “Baku Dialogues”, ADA University’s new journal of record for academic and policy research.
Topic:
Foreign Policy, Development, Diplomacy, Treaties and Agreements, International Security, Partnerships, Peace, and Berlin Wall
Political Geography:
United Kingdom, Europe, Turkey, Finland, Latvia, and Global Focus

36160. Action Agenda for Historic Preservation in Legacy Cities

Author:
Cara Bertron
Publication Date:
12-2015
Content Type:
Special Report
Institution:
American Assembly at Columbia University
Abstract:
Action Agenda for Historic Preservation in Legacy Cities" is a report containing a nine-point strategy to shape new approaches to preservation, to adapt existing tools and policies used by preservationists, and to promote place-based collaboration, especially in legacy cities like Newark, Detroit, and Cleveland. By offering new strategies for protecting local cultural heritage, "Action Agenda" serves as a guide for preserving the stories of Rust Belt cities and communities and make them more equitable, prosperous, and sustainable in the face of economic shifts. Using examples from Cincinnati, Buffalo, Detroit, and more, the report offers suggested next steps, potential partners from preservation and allied fields, and financing and coalition-building toolkits for urban development and preservation advocates.
Topic:
International Development
Political Geography:
America

36161. Notice and Takedown in Everyday Practice

Author:
Joe Karaganis and Jennifer M. Urban
Publication Date:
09-2015
Content Type:
Special Report
Institution:
American Assembly at Columbia University
Abstract:
It has been nearly twenty years since section 512 of the Digital Millennium Copyright Act established the so-called notice and takedown process. Despite its importance to copyright holders, online service providers, and Internet speakers, very little empirical research has been done on how effective section 512 is for addressing copyright infringement, spurring online service provider development, or providing due process for notice targets. This report includes three studies that draw back the curtain on notice and takedown: 1. using detailed surveys and interviews with more than three dozen respondents, the first study gathers information on how online service providers and rightsholders experience and practice notice and takedown on a day-to-day basis; 2. the second study examines a random sample from over 100 million notices generated during a six-month period to see who is sending notices, why, and whether they are valid takedown requests; and 3. the third study looks specifically at a subset of those notices that were sent to Google Image Search.
Topic:
Science and Technology
Political Geography:
America

36162. Ice Islands in Canadian Policy, 1954-1971

Author:
Adam Lajeunesse
Publication Date:
09-2015
Content Type:
Special Report
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
Ice islands are large rafts of multi-year ice that are carried by currents around the Arctic Ocean. They became politically significant in the early 1950s when American and Soviet research parties began occupying them. This activity called into question their legal status and highlighted the uncertain nature of polar maritime jurisdiction. This volume tracks the evolution of Canadian policy vis-à-vis ice islands and examines how the politics surrounding these bodies influenced the country’s broader position on Arctic maritime sovereignty.
Topic:
Climate Change and International Affairs
Political Geography:
Canada

36163. The Advisory Committee on Northern Development: Context and Meeting Minutes, 1948-66

Author:
P. Whitney Lackenbauer and Daniel Heidt
Publication Date:
09-2015
Content Type:
Special Report
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
The Advisory Committee on Northern Development (ACND), a high-level interdepartmental committee, was responsible for coordinating federal Arctic policies and programs from 1948-1971. The minutes of its main meetings provide unparalleled insight into how high-ranking civil servants in Ottawa grappled with what they perceived to be the most pressing issues of the era, including Canadian-American relations, sovereignty, security, Aboriginal affairs, socio-economic development, scientific research, and governance. As this volume reveals, the ACND represented an early example of the “Whole of Government” approach to policy deliberations, revealing the myriad activities that constituted the “Arctic revolution” during this pivotal quarter-century.
Topic:
International Affairs
Political Geography:
Global Focus

36164. The United Nations Peace Operations and Motivations at the Roots of Turkey’s Involvement

Author:
Uğur Gungor
Publication Date:
07-2015
Content Type:
Policy Brief
Abstract:
This policy brief studies the evolution of United Nations peace operations and aims at analyzing the motivations that lie at the root of Turkey’s involvement in peace operations, mostly organized under the leadership of the United Nations in the post-Cold War era. The brief puts forth the argument that participation in such operations has been an identity-constructing activity in the sense that Turkey has, through this particular way, tried to reinforce its eroding western identity in the 1990s. This brief also discusses alternative motivations behind Turkey’s involvement in peace operations, such as security-related considerations in a neo-realist vein and domestic influence of ethnic and religious pressure groups, but argues that these accounts fall short of offering convincing explanations.
Topic:
International Affairs
Political Geography:
Turkey

36165. Annual Report 2015

Author:
Ali Resu Usul
Publication Date:
09-2015
Content Type:
Special Report
Abstract:
As Chairman of the Center for Strategic Research (SAM), I am pleased to present our 2015 Annual Report. SAM’s primary objective is to conduct research on foreign policy and related issues, develop alternative perspectives, provide new insights and make policy recommendations. SAM has risen to a significant peak in our Ministry’s policy making process, and has created more influence than what was ever expected. Each year, it continues to move beyond its accomplishments of the previous year.
Topic:
International Affairs
Political Geography:
Turkey

36166. "Japanese Strategic Weapons Programs and Strategies: Future Scenarios and Alternative Approaches

Author:
Ian Easton
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Nonproliferation Policy Education Center
Abstract:
The balance of power in Northeast Asia is shifting in ways that are dangerous to the security of Japan. That is certainly how the picture has appeared to the eyes of many observers in recent years.The reasons are many, and they are compelling. First, China’s emergence as a regional military power has taken place in a far more disruptive fashion than was expected. Attempts to shape China into a “responsible stakeholder” have failed. Beijing now threatens Tokyo with a growing number of coercive air and maritime operations around the Japanadministered Senkaku (Diaoyu) Islands. Chinese fighters, bombers, ships, and submarines have greatly expanded the scope of their training operations. They now frequently pass through Japan’s Ryukyu Island Chain on their way out into the Philippine Sea where they conduct exercises that undermine confidence in the ability of the U.S. Navy to intervene in a regional conflict.
Topic:
International Affairs and Military Strategy
Political Geography:
Japan

36167. How South Korea Could Acquire and Deploy Nuclear Weapons

Author:
James Fergusson
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Nonproliferation Policy Education Center
Abstract:
Political leaders and defense planners in the Republic of Korea (ROK), or South Korea, are cognizant that worsening security in Northeast Asia could lead to additional states, including the ROK, to consider and even develop nuclear weapons. In particular, Korean President Park Geun-hye warned in May 2014 that another nuclear bomb test by North Korea (Democratic People’s Republic of Korea or DPRK) would be “crossing a Rubicon” and would make it “difficult for us to prevent a nuclear domino from occurring in this area
Topic:
Nuclear Weapons, International Security, and Nuclear Power
Political Geography:
South Korea

36168. Beguiling Americans: a guide for Indian diplomats

Author:
Christine Fair
Publication Date:
05-2015
Content Type:
Special Report
Institution:
Gateway House: Indian Council on Global Relations
Abstract:
Pakistan continues to receive succour from its long-time ally, the U.S., despite blundering about in its neighbourhood unabashedly- be it through righteous indignation or through generous courtesies. The external affairs ministry needs to improve its approach towards U.S. officials who are visiting India in order to better its relation with the country.
Topic:
International Affairs
Political Geography:
Global Focus

36169. Tackling Asis's Greatest Challenges

Author:
Harry J Kazianis
Publication Date:
01-2015
Content Type:
Working Paper
Abstract:
In 2012, with the cooperation and support of the Center for Global Progress, scholars and policy practitioners from the United States, Vietnam, and Japan began development of a trilateral dialogue. The nations were represented by the Center for the National Interest in the United States, the Diplomatic Academy of Vietnam, and the Research Institute for Peace and Security in Japan.
Topic:
International Relations and International Affairs
Political Geography:
Asia

36170. La Ronda Uno y la senda del futuro

Author:
COMEXI
Publication Date:
12-2015
Content Type:
Special Report
Institution:
Mexican Council on Foreign Relations (COMEXI)
Abstract:
El documento fue preparado por algunos integrantes del Grupo de Trabajo de Energía por lo que representa la posición de quienes participaron directamente en su redacción. Varios miembros del Grupo más amplio contribuyeron con comentarios y sugerencias para mejorar el documento, pero éste no necesariamente representa la visión de todos y cada uno de los integrantes del Grupo de Trabajo de Energía. El contenido de este documento de ninguna manera representa la visión institucional de Comexi, cuya posición es neutral e independiente
Topic:
International Affairs
Political Geography:
Mexico

36171. Of Monarchs and Military Men: The Political Pathologies that Undermine Democracy in Burma and Thailand

Author:
Kelley Currie
Publication Date:
01-2015
Content Type:
Policy Brief
Institution:
Project 2049 Institute
Abstract:
Since a 2012 outbreak of communal violence targeting Rohingyas in Burma, the trafficking business had been booming. Subsequent official persecution intended to make Burma as inhospitable to the Rohingya as possible was working as planned: more than 120,000 Rohingyas have fled Burma since December 2012. For years, migration and human rights NGOs have warned regional and donor governments of the deteriorating situation facing the growing flood of Rohingya refugees. This humanitarian and political disaster also again laid bare the pathologies currently impeding Burma and Thailand on their paths toward stability and democracy
Topic:
International Affairs
Political Geography:
Global Focus

36172. The Intersection of HADR and the Rohingya Refugee Crisis

Author:
Kelsey Broderick
Publication Date:
02-2015
Content Type:
Policy Brief
Institution:
Project 2049 Institute
Abstract:
HADR exercises have traditionally been aimed at responding to and preparing for natural disasters. But ultimately, the purpose of HADR is to provide assistance to those in dire need of help after a crisis, whether it is natural or manmade. More than 6,000 trafficked people floating in the ocean without access to food and water arguably constitutes just such a crisis. ASEAN, with support from the U.S. Navy, would have been well positioned to put their HADR exercises into practice to assist the victims, as they were required to under international law.
Topic:
International Affairs
Political Geography:
Global Focus

36173. Foreign Fighters

Author:
The Soufan Group
Publication Date:
01-2015
Content Type:
Special Report
Institution:
The Soufan Group
Abstract:
In June 2014, The Soufan Group (TSG) released its initial Foreign Fighters in Syria report, which identified approximately 12,000 foreign fighters from 81 countries. Nearly eighteen months later, despite sustained international effort to contain the Islamic State and stem the flow of militants traveling to Syria, the number of foreign fighters has more than doubled. Based on its own investigation, TSG has calculated that between 27,000 and 31,000 people have traveled to Syria and Iraq to join the Islamic State and other violent Salafist groups from at least 86 countries. This increase is evidence that efforts to contain the flow of foreign recruits to the Islamic State and other extremist groups in Syria have had limited impact
Topic:
Intelligence and International Affairs
Political Geography:
Global Focus

36174. Corruption Risk Assessment in the Security Sector of Bosnia and Herzegovina

Author:
Armin Kržalić
Publication Date:
11-2015
Content Type:
Special Report
Institution:
The Centre for Security Studies
Abstract:
Corruption risk assessment in the security sector of Bosnia and Herzegovina is the original work of authorship by a research team of the Centre for Security Studies which consisted of Denis Hadžović, project manager, Alma Kovačević, project coordinator, Aida Kržalić, project assistant, and surveyors Mirela Hodović, Emsad Dizdarević, Sabrina Berberović–Tadić and Sanjin Hamidičević. The assessment is one of the results of the „Mapping Corruption Risks in the Security Sector“ project which the CSS implemented during the period between December 2013 and August 2015. The Project was funded by the European Union.
Topic:
International Affairs
Political Geography:
Global Focus

36175. Civil Capacities for Peace Support Operations: The Case of Bosnia and Herzegovina

Author:
CSS
Publication Date:
11-2015
Content Type:
Special Report
Institution:
The Centre for Security Studies
Abstract:
Bosnia and Herzegovina (BiH) has gone from being a receiver to providing assistance to post-conflict countries. Through its experience with rebuilding the country after conflict, BiH can make relevant and useful contributions to further peacebuilding and sustainable development in other countries. This article details current contributions BiH is making to international peace operations, maps the civilian capacities BiH could contribute in the future, and provides recommendations on how this could be implemented with regards to training, rostering and deployment of civilian capacities. Successful training, rostering and deployment of civilian capacities from BiH could be replicated at the Western Balkans level and bear witness to the development of security communities in BiH and the region
Topic:
International Relations
Political Geography:
Global Focus

36176. The Long Road to Tehran: The Iran Nuclear Deal in Perspective

Author:
Brian Gibson
Publication Date:
01-2015
Content Type:
Commentary and Analysis
Institution:
LSE IDEAS
Abstract:
This Strategic Update traces the story of this major diplomatic breakthrough, through the historical context of long term US-Iran relations and the tireless international effort to prevent domestic political crises from derailing the negotiations.
Topic:
International Political Economy and International Affairs
Political Geography:
Global Focus

36177. WTO 'a la carte' or 'menu du jour'? Assessing the Case for More Plurilateral Agreements

Author:
Bernard M. Hoekman and Petros C. Mavroidis
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
Plurilateral agreements in the context of the World Trade Organization (WTO) allow sub-sets of countries to agree to commitments in specific policy areas that only apply to signatories and thus allow for ‘variable geometry’ in the WTO. Plurilateral agreements share a number of features with preferential trade agreements (PTAs), which are increasingly used by governments to liberalize trade in goods and services. This article discusses the current institutional framework that governs these two alternatives and distinguishes them from the general, non-discriminatory agreements that are negotiated among – and apply to – all WTO members. Current WTO rules make it much more difficult to pursue the plurilateral route than to negotiate a PTA. We review the arguments for and against making it easier for ‘issue-specific’ clubs to form in the WTO and discuss how concerns raised by some WTO members regarding the potential negative impact of plurilateral agreements on the multilateral trading system might be addressed. We take the view that action to facilitate the negotiation of plurilateral agreements in the WTO should be considered and that the potential downsides for the multilateral trading system can be managed.
Topic:
Economics, Political Economy, World Trade Organization, and Law
Political Geography:
Europe and Italy

36178. Settler-State Political Theory, 'CANZUS' and the UN Declaration on the Rights of Indigenous Peoples

Author:
Kirsty Gover
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, rights that do not derive from those bargains threaten to undermine them. This is especially true of self-governance and collective property rights, which are corporate rights vested to historically continuous indigenous groups. Since these rights cannot easily be reconciled with the equality and non-discrimination principles that underpin mainstream human rights law, settler governments must navigate two modes of liberalism: the first directed to the conduct of prospective governance in accordance with human rights and the rule of law and the second directed to the reparative goal of properly constituting a settler body politic and completing the constitution of the settler state by acquiring indigenous consent. Agreements help to navigate this tension, by insulating indigenous and human rights regimes from one another, albeit in ways not always supported by the UNDRIP.
Topic:
Human Rights, International Law, United Nations, and Governance
Political Geography:
Europe, Canada, United Nations, Australia, New Zealand, and United States of America

36179. Land Rights in Nineteenth-Century Ottoman State Succession Treaties

Author:
Ilias Bantekas
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
Ottoman state practice in the field of state succession in the 19th century displayed strict adherence to the European notions of international law. This is evident from the ratification of cession treaties, attention to reciprocity, the use of mediation and reliance on the existing laws of war principles, including the legal effects of occupation, conquest and the rights and duties of belligerents. This article focuses on state succession treaties with Greece since they represented the paradigm for all future treaties, and it examines the Islamic origin of Ottoman land regulation. The Ottomans succeeded in attaching a further condition to their cession arrangements with the new Greek state, namely the latter’s obligation to respect the property rights of Muslim citizens. This arrangement brought into play the application of Ottoman land law, to which Greece was under no obligation to succeed. This body of law, particularly the set of property rights bestowed under it, became a focal point in the ensuing state succession negotiations. It was the actual basis of Muslim property rights – a precursor to contemporary property rights – and a sine qua non element of Ottoman practice in the law of state succession. In this light, Ottoman land law and institutions should correctly be considered to be general principles of law – with origins from the Quran and the early caliphates – as well as regional custom, at least in the territories liberated from Ottoman rule, which continued to apply and enforce it not only among Muslims but also in the property relations of the indigenous ethnic communities.
Topic:
International Law, Islam, Treaties and Agreements, History, and Land Law
Political Geography:
Europe, Greece, and Ottoman Empire

36180. The Hybrid Legal-Scientific Dynamic of Transnational Scientific Institutions

Author:
Oren Perez
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
The objective of the present article is to develop a better understanding of the institutional dynamic of transnational regulatory scientific institutions (RSIs). RSIs play a significant role in the transnational regulatory process by mediating between the scientific community and policy-making bodies. I argue that RSIs have a hybrid structure involving both political-legal and epistemic authority. The hybrid structure of RSIs – their capacity to exert both normative and epistemic authority – constitutes an innovative response to the demand of modern society for scientific certainty and to the scarcity of normative power in the international domain. This hybrid nature has a triple structure involving three complementary pairs: law~science, law~non-law and science~pseudoscience. I examine the way in which RSIs cope with the challenge of maintaining their epistemic and legal authority against the tensions generated by their hybrid structure. The discussion of hybrid authority is related to the problem of scientific uncertainty. I examine this theoretical argument drawing on an in-depth analysis of three RSIs that reflect the institutional diversity of the RSI network: the Intergovernmental Panel on Climate Change, the International Commission on Non-Ionizing Radiation Protection and the European Committee of Homeopaths. I conclude with a discussion of some of the policy issues associated with the institutional design of RSIs. The policy discussion refers, first, to the risk posed by RSIs’ hybrid structure to their internal stability and, second, to some potential adverse social impacts that need to be considered alongside RSIs’ projected benefits.
Topic:
International Law, Science and Technology, Law, and Regulation
Political Geography:
Europe and Italy

36181. Determining Customary International Law: The ICJ's Methodology between Induction, Deduction and Assertion

Author:
Stefan Talmon
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
Methodology is probably not the strong point of the International Court of Justice or, indeed, of international law in general. Unlike its approach to methods of treaty interpretation, the Court has hardly ever stated its methodology for determining the existence, content and scope of the rules of customary international law that it applies. There are only isolated references in the Court’s jurisprudence to the inductive and deductive method of law determination. It is not only the Court itself that has largely remained silent on its methodology for the determination of customary international law, but the legal literature also has had little to say on this subject. In view of the fact that determining the law has also always meant developing, and ultimately creating, the law it is surprising that the question of the Court’s methodology has attracted such little interest. This article aims to refocus attention on the methodology used by the Court when determining the rules of customary international law that it applies, and it highlights the role played by methodology in the development of customary international law. It starts by defining the terms ‘induction’ and ‘deduction’ and examining their use by the Court. It then explores the situations in which the Court uses inductive and deductive reasoning, the different forms and functions of deduction and the relationship between the two methods. The article challenges the various theories distinguishing between inductive and deductive custom and demonstrates that the main method employed by the Court is neither induction nor deduction but, rather, assertion.
Topic:
International Law, Law, Legal Theory, and Courts
Political Geography:
Europe and The Hague

36182. State Formation, Liberal Reform and the Growth of International Organizations

Author:
Guy Fiti Sinclair
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article argues that the growth of international organizations over the past century has been imagined and carried out in order to make modern states on a broadly Western model. The proliferation of international organizations and the expansion of their legal powers, through both formal and informal means, raise profound questions regarding the relationship between international law’s reforming promise and its imperialist perils. The article proposes a new analytic framework for understanding these phenomena, focusing on the rationalities of international organizations’ powers and the technologies through which they are made operable. It argues that both the growth of international organizations and the cultural processes of state formation are impelled by a dynamic of liberal reform that is at once internal and external to law. That dynamic and the analytic framework proposed here are both illustrated and exemplified through a critical account of the emergence of international organizations in the 19th century.
Topic:
Imperialism, International Law, International Organization, History, and State Formation
Political Geography:
Europe and United Nations

36183. 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

36184. Internet Freedom and Human Rights

Author:
Daniel Joyce
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article considers whether the Internet has become so significant, for the provision of, and access to, information and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of expression. In short, should Internet freedom be configured as a human right? The article begins by considering the ubiquity of the Internet and its significance. A wider historical view is then taken to understand Internet freedom in terms of its lineage and development from earlier debates over freedom of expression and the right to communicate, through to the recognition of the significance of an information society and the need for Internet regulation on the international plane. The current debate over Internet freedom is then analysed with particular focus given to Hillary Clinton’s speech on Internet freedom and its subsequent articulation by Special Rapporteur Frank La Rue. The concluding part introduces the critical work of Evgeny Morozov and Jaron Lanier to an international law audience in order to deepen the debate over Internet freedom and to point to the concept’s limitations and dangers. It is too early to say whether a ‘right to Internet freedom’ has achieved universal recognition, but this article makes the case that it is worth taking seriously and that Internet freedom may need its own category of protection beyond freedom of expression.
Topic:
Human Rights, International Law, History, Regulation, Internet, and Freedom of Expression
Political Geography:
Europe, Global Focus, and United States of America

36185. Double Remedies in Double Courts

Author:
Sungjoon Cho and Thomas H. Lee
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article uses an ongoing trade controversy litigated in US courts and the World Trade Organization dispute resolution system as a vehicle for exploring different models to deal with parallel adjudications in different legal systems between the same or related parties on the same issue. In lieu of more traditional models of subordination or first-to-decide sequencing, the article proposes an engagement model as a solution to the double-courts, single-issue problem.
Topic:
International Law, International Trade and Finance, World Trade Organization, and Courts
Political Geography:
China, Europe, and United States of America

36186. Faith, Ritual and Rebellion in 21st Century (Positivist) International Law

Author:
Mónica García-Salmones Rovira
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
In this review of three works (Jörg Kammerhofer’s Uncertainty in International Law: A Kelsenian Perspective; Jean d’Aspremont’s Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules ; and International Legal Positivism in a Post-Modern World, a collection of essays edited by Kammerhofer and d'Aspremont), Mónica García-Salmones Rovira argues that: Theological statements about morality and law to the effect that they ought to be autonomous or that they ought to coincide defy reality, history and common sense and suffer from intellectual inconsistency. On the contrary, from our long legal history appear at least two clear facts about the relationship between morality and law. First, they both conflate in the same acting individual. Second, in the legal sphere, the individual always acts in communication with other individuals. Whether one aims at investigating the normative principles of the first fact, of what makes a good lawyer, or of the second, of what makes good law and the related issue of responsibility, we are always thinking in terms of practical action. Probably, it is in that practical province where international law has its greater emancipatory potential in a post-modern world.
Topic:
Human Rights, International Law, Religion, and Legal Theory
Political Geography:
Europe and Italy

36187. 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

36188. 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

36189. James C. Hathaway, Michelle Foster. The Law of Refugee Status

Author:
Rosemary Byrne
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
The claims made by migrants seeking protection under the 1951 Convention Relating to the Status of Refugees (Refugee Convention) have created a staggering body of state practice emerging from the interpretation by national courts of what is the earliest universal human rights treaty. The first edition of James Hathaway’s The Law of Refugee Status, alongside Guy Goodwin-Gill and Jane McAdam’s The Refugee in International Law, is one of the essential texts on every refugee lawyer’s bookshelf. Now in its second edition, co-authored by Hathaway and Michelle Foster, The Law of Refugee Status is likely to maintain its standing.
Topic:
International Law, Treaties and Agreements, United Nations, Refugees, and Courts
Political Geography:
Europe, United Nations, and Mediterranean

36190. Arnaud de Nanteuil. Droit International de l'investissement

Author:
Eric De Brabandere
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
There clearly is no dearth in publications dealing with the burgeoning field of international investment law. And one might wonder whether another handbook is needed on the subject. Yet Arnaud de Nanteuil’s Droit International de l’investissement has certain features that make the book of particular interest. Notably, it constitutes the first francophone handbook exclusively dedicated to international investment law.
Topic:
International Law, International Trade and Finance, Treaties and Agreements, and Courts
Political Geography:
Europe and France

36191. Stephen Allen. The Chagos Islanders and International Law

Author:
Peter H. Sand
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
The tale of the Chagos Archipelago (British Indian Ocean Territory, BIOT) raises a wide spectrum of transnational legal questions, all across the fields of human rights, environment and disarmament. Last-born of the Empire’s colonies, the BIOT was established – and systematically depopulated – for the sole purpose of accommodating a strategic US military base during the Cold War years in 1965–1966. The territory has since generated extensive litigation in the national courts of the United Kingdom (UK) and the USA as well as proceedings in the European Court of Human Rights and an arbitration under Annex VII of the Convention on the Law of the Sea (UNCLOS). Stephen Allen, senior lecturer at the University of London’s Queen Mary College, has long followed and commented on legal developments in the Chagos cases as an observer. The focus of his attention remains the plight of the native Chagossians, a small Kreol-speaking people of African and Malgasy origin, whose exile (mainly to Mauritius, the Seychelles and the UK) has lasted for more than 40 years.
Topic:
Environment, Human Rights, Imperialism, International Law, History, Courts, Disarmament, and Displacement
Political Geography:
Britain, United States, Europe, and Chagos Islands

36192. Schizophrenie du droit international

Author:
Ekaterina Yahyaoui Krivenko
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
A poem by Ekaterina Yahyaoui Krivenko.
Topic:
Globalization, Human Rights, International Law, and Constitution
Political Geography:
Europe and Global Focus

36193. Who Wants What? – Final Offer Arbitration in the World Trade Organization

Author:
Jaime Tijmes
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
The World Trade Organization’s (WTO) Dispute Settlement Understanding (DSU) favours negotiated settlements for disputes. However, arbitrations according to Article 22.6 of the DSU have been carried out as compulsory conventional arbitrations, even though such arbitrations do not offer strong incentives for the parties to reach a settlement. For quite some time, scholars have studied other forms of arbitration that may encourage settlements more strongly, such as final offer arbitration. Yet this form of arbitration has received rather limited attention in the academic discussion about dispute settlement under the WTO. This article explores to what extent final offer arbitration might make sense for settling WTO disputes and concludes that it would be suitable for arbitrations pursuant to Article 22.6 of the DSU, specifically for setting the level of suspension of obligations and, under certain circumstances, for deciding on so-called cross-retaliation pursuant to Article 22.3 of the DSU. Before negotiations start, parties to a dispute should agree on final offer arbitration if arbitration should be deemed necessary. Such an agreement might be expressed in a pre-emptive joint proposal on procedural aspects. Amendment of the DSU would then be unnecessary.
Topic:
International Law, International Trade and Finance, Treaties and Agreements, and World Trade Organization
Political Geography:
Europe and Global Focus

36194. Alternative Dispute Resolution and Human Rights: Developing a Rights-Based Approach through the ECHR

Author:
Lorna McGregor
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
The presumption that courts are the principal forum for dispute resolution continues to be eroded. Alternative forms of dispute resolution (ADR), including agreement-based ADR (such as mediation and conciliation) and adjudicative ADR (such as arbitration), continue to proliferate and are increasingly institutionalized, leading to their characterization as ‘appropriate’ or ‘proportionate’ dispute resolution. Interestingly, despite these developments, the position of international human rights law (IHRL) on two key questions regarding ADR and proportionate dispute resolution (PDR) is unclear. These questions are, first, the standards of justice expected of ADR/PDR (whether entered into voluntarily or mandatorily). Second, the permissible circumstances in which parties to a dispute can be required to use ADR/PDR instead of, or before, accessing courts. The attributes and challenges with ADR/PDR have been discussed extensively in socio-legal studies, feminist literature and the dedicated ADR/PDR literature. This article seeks to bring this vast theory on the diversification and institutionalization of dispute resolution into IHRL. Through the lens of the European Court of Human Rights, this article examines the types of tests that supranational bodies currently employ and advances a framework for assessing the choice, design and implementation of ADR/PDR in the future.
Topic:
Human Rights, International Law, Legal Theory, and Courts
Political Geography:
Europe, France, and European Union

36195. International Investment Law and the European Union: Towards a New Generation of International Investment Agreements

Author:
Catharine Titi
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
For about half a century, the European investment treaty model has been associated with European Union (EU) member states’ bilateral investment treaty practice, often referred to as their ‘best practices’. Member state bilateral investment treaties, which are liberal instruments strongly protective of investor interests, have remained relatively unchanged over the years, in contrast with their North American counterparts, which have come to represent a new type of investment treaty, cognizant for the first time of the contracting parties’ right to regulate. With the entry into force of the Treaty of Lisbon and the exercise of the EU’s new competence over the conclusion of treaties covering foreign direct investment, Europe marks its distances with the old approach of the member states and appears eager to set its own ‘model’. While broadly in harmony with the new generation of North American investment treaties, the nascent EU policy aims to improve international investment law in innovative ways, targeting both substantive and procedural protections, and leading to a yet newer generation of international investment treaties. The present article explores this new EU standard, which is set to change the face of international investment law as we know it.
Topic:
International Law, Treaties and Agreements, Foreign Direct Investment, and European Union
Political Geography:
Europe and European Union

36196. International Investment Law and the European Union: A Reply to Catharine Titi

Author:
Martins Paparinskis
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Reasonable people might disagree whether the European Union (EU) is likely to make a significant and commendable contribution to international investment law. This article addresses two issues of relevance for this discussion. First, it considers the appropriateness of evaluating evelopments in international investment law in terms of balance between investor protection and the right to regulate. Second, the contribution of the recent EU practice is briefly examined, finding it less interesting and innovative than one might have expected.
Topic:
International Law, European Union, Regulation, and Finance
Political Geography:
Europe and European Union

36197. The Limits of Legality and the United Nations Security Council: Applying the Extra-Legal Measures Model to Chapter VII Action

Author:
Devon Whittle
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
The United Nations Security Council (UNSC) is, in many ways, a unique institution. It exercises legislative, judicial and executive powers; operates with few legally binding checks and balances and has even been described as being ‘unbound by law’. The Council has broad powers to maintain international peace and security, most notably under Chapter VII of the UN Charter, and its decisions are binding on UN members. At the same time, some of the Council’s actions have been labelled as ultra vires and the lack of a binding, legal oversight mechanism to reign in Council action has been decried. Accepting that there is a difficulty in imposing legally binding checks and balances on the UNSC, this article argues that approaching the Council’s Chapter VII powers as a form of emergency powers may help to illuminate the role that non-legal restraints can play in curbing its power. In particular, this article uses Oren Gross’ ‘extra-legal measures model’ to conceptualize the Chapter VII regime and restraints upon it. It shows how the extra-legal measures model offers a descriptive account of UNSC action under Chapter VII and then builds on the gaps in the application of the model to the Council to highlight areas for the development of better restraints, in particular, in areas that may be missed by a traditional legal analysis.
Topic:
International Law, United Nations, International Security, and Peacekeeping
Political Geography:
Europe and United Nations

36198. Applying the Extra-Legal Measures Model to Humanitarian Interventions: A Reply to Devon Whittle

Author:
Oren Gross
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
In ‘The Limits of Legality and the United Nations Security Council: Applying the Extra-Legal Measures Model to Chapter VII Action’, Devon Whittle analogizes the United Nations Security Council’s Chapter VII powers to domestic emergency powers. He then seeks to apply the extra-legal measures (ELM) model of emergency powers, which I developed some 20 years ago, to exercise by the Council of its Chapter VII powers. This brief comment seeks to expand the discussion of ELM in international affairs beyond the collective security system by exploring the application of ELM in the setting of unilateral humanitarian intervention.
Topic:
International Law, Treaties and Agreements, United Nations, International Security, and Humanitarian Intervention
Political Geography:
Europe, Kosovo, United Nations, and Syria

36199. Title to Territory in the Post-Colonial Era: Original Title and Terra Nullius in the ICJ Judgments on Cases Concerning Ligitan/Sipadan (2002) and Pedra Branca (2008)

Author:
Sookyeon Huh
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
This article approaches two International Court of Justice judgments on the cases concerning Ligitan/Sipadan (2002) and Pedra Branca (2008) from the perspective of the law of territory in the post-colonial context, showing that the Court managed to free the concepts of ‘original title’ from ‘terra nullius’. It is prefatorily explained that the concepts of ‘original title’ and ‘terra nullius’, which operate in combination, had both functioned as bases for the traditional law of territory and as unilateral justification for colonization by European powers. By contrast, analysis of the two recent judgments illustrates that the Court contrived to separate the two concepts from the context of colonialism by avoiding the determination of the islands as ‘terra nullius’ and expanding the concept of ‘original title’ while preserving the existing framework of law of territory. The problem is presented with a caveat, however; overemphasizing the significance of ‘original title’ in the post-colonial context might lead to disregard for the foundations of title to territory, that is effective control of territory and its legitimizing logic, on which the territorial order of today’s international society is based.
Topic:
International Law, Post Colonialism, Territorial Disputes, and Courts
Political Geography:
Europe, Indonesia, Malaysia, and Singapore

36200. How Should States Own? Heinisch v. Germany and the Emergence of Human Rights-Sensitive State Ownership Function

Author:
Mikko Rajavuori
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
State ownership is thriving. Emerging economies are extending their growing economic power outward through sovereign wealth funds. State-owned multinationals have become top sources of foreign direct investment. Bailouts have recreated powerful state ownership structures in regions where private ownership has traditionally prevailed. The state is back – in shareholder capacity. Approaching the rise of state ownership from a human rights perspective, this article submits that a new conceptualization of state ownership function is emerging. State ownership provides a strong link connecting corporate actions with the international human rights system. Yet the conventional methods used to integrate state ownership in human rights treaty bodies’ discretion seem unable to grasp the changing economic role of governments in the global economy. The article suggests that the notion of the ‘public shareholder’, introduced by the European Court of Human Rights in Heinisch v. Germany (2011), provides a useful lens for interrogating how states should govern the human rights performance of corporations through ownership. When exposed to the recent practice of a range of United Nations treaty bodies, internationalizing state ownership activity becomes framed in human rights terms. In this vision, the whole ownership function becomes a site for turning companies in the state’s portfolio into responsible corporate citizens who take the impact of human rights seriously. Specifically, treaty bodies should advise states to seek human rights governance through private mechanisms in the capacity of the shareholder. In the process, human rights’ checks and balances should constitute a counterweight for market-based initiatives that regulate state activity in the capacity of the shareholder.
Topic:
Human Rights, International Law, Treaties and Agreements, Foreign Direct Investment, Economies, and Courts
Political Geography:
Europe, Norway, and Germany