Search

Begin New Search Topic International Law Political Geography Europe Publication Year within 5 Years

1. Climate Protection Litigation on the Rise

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

2. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?

Author:
Steven Blockmans
Publication Date:
05-2023
Content Type:
Policy Brief
Institution:
International Centre for Defence and Security - ICDS
Abstract:
Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
Topic:
Human Rights, International Law, European Union, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

3. The EU and Gaza 2023: Terrorism is fought with Counter-terrorism, not Wars against Civilians

Author:
Zafiris Tzannatos
Publication Date:
11-2023
Content Type:
Policy Brief
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
Despite several attempts for decades to reach at a political solution between Israel and Palestine, Netanyahu and his supporters offer nothing but permanent oppression while Hamas has resorted to terror. Each party refers to their rights: The right to defend versus the right to self-determination. This attitude has resulted in an escalation of tensions over time that led to a massive loss of life since October 7, 2023, when Hamas killed 1,200 Israelis and Israeli forces have so far killed 11,000 mostly civilians in Gaza. If there is a solution, it can be none other than a political one agreed between the two parties and be supported by an evenhanded approach by the international community within the confines of international law.
Topic:
International Law, European Union, Counter-terrorism, Civilians, Hamas, and October 7
Political Geography:
Europe, Middle East, Israel, Palestine, and Gaza

4. Judging Putin

Author:
Arnaud De Nanteuil
Publication Date:
04-2023
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
The publication of an international arrest warrant against Vladimir Putin on 17 March 2023 by the Second Pre-Trial Chamber of the International Criminal Court (ICC) has caused a stir. Although the institution is far from immune from criticism (it has long been accused of being "strong with the weak and weak with the strong"), this is a major change in the Court's policy as it is the first warrant ever issued against the sitting leader of a permanent member of the UN Security Council; a member who, moreover, in a chilling irony of history, played a key role in the Nuremberg Trial. In some respects, this is a gamble, given the many obstacles that stand between this historic event and a possible conviction of Vladimir Putin. But this arrest warrant is also a way to put the ICC back in the centre of the game, even though until now it seems to have been largely denied the possibility of judging the main perpetrator of the war of aggression against Ukraine and its disastrous humanitarian consequences.
Topic:
International Law, War Crimes, International Criminal Court (ICC), Vladimir Putin, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

5. Future-proofing EU security and defence cooperation in the Indo-Pacific

Author:
Dylan Macchiarini Crosson, Stefania Benaglia, and Linus Vermeulen
Publication Date:
12-2023
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
Russia’s war against Ukraine has led policymakers to re-prioritise the European security architecture and the EU’s neighbourhood, including a positive reassessment of NATO’s role as a reliable security provider. As the transatlantic relationship and the Indo-Pacific are inherently intertwined, this once again highlights the imperative of the EU making the Indo-Pacific a strategic priority. This presents the EU with an opportunity to project its values, interests and power, though hampered at present by political infighting and the mushrooming of conflicts in and around Europe. Still, the time has come for the EU to assess how it should adjust its approach to Indo-Pacific security. How can the EU effectively strike a balance in security and defence cooperation with partners to uphold key principles of international law and order without endorsing the idea that ‘might makes right’ in the Indo-Pacific?
Topic:
Security, NATO, International Cooperation, International Law, and Defense Cooperation
Political Geography:
Europe and Indo-Pacific

6. Playing the Long Game in the South China Sea

Author:
Andrew Mantong
Publication Date:
11-2023
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In the South China Sea (SCS), as indeed the wider Indo-Pacific, the EU is facing a deepening strategic rivalry between China and the US. In the SCS, China has been able to create physical realities in defiance of international law by constructing artificial islands in the attempt to sustain its claims to the disputed Spratly and Paracel archipelagos as well as expand its military projection deep into international waters. The US is still the predominant security player in the Indo-Pacific, but its military presence has an increasingly hard time shoring up American power in the SCS. The security dilemma between the great powers is threatening rules-based multilateralism, which runs deep in the veins of the EU and to a great extent defines its international posture.
Topic:
Security, International Cooperation, International Law, European Union, Multilateralism, and ASEAN
Political Geography:
Europe, Asia, Indo-Pacific, and South China Sea

7. Israeli Apartheid and the West’s Dwindling Moral Credibility

Author:
Andrea Dessì
Publication Date:
02-2022
Content Type:
Commentary and Analysis
Institution:
Istituto Affari Internazionali
Abstract:
Amidst spiralling tensions on the European continent, East-West animosities have returned to dominate daily news cycles. Predictably, this has revived rhetoric on competing political systems and norms, giving rise to a flurry of reporting contrasting Western democracy’s support for the “rules-based international order” vs an informal “alliance of autocracies” led by Russia and China which embrace military might or economic and political blackmail in “a bid to make the world safe for dictatorship”, as recently opinionated the Washington Post.
Topic:
Foreign Policy, Apartheid, Human Rights, International Law, and European Union
Political Geography:
Europe, Middle East, Israel, Palestine, United States of America, and Mediterranean

8. Russia, Ukraine and international Law

Author:
Robert Schuman Foundation (RSF)
Publication Date:
02-2022
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
Russian actions in Ukraine since 2014, and the tensions to which they have led, obscure the legal aspects of these attacks thereby opening the way to propaganda and approximations. To contribute to a better understanding of what is at stake, this contribution is limited to the legal aspects of an otherwise eminently political issue. This in fact heralds a spectacular break in the international order and a violation of commitments and treaties signed by a member of the Security Council of the United Nations that have not been witnessed since the Second World War[1].For a long time, Russian diplomacy was attached to the strict and formal respect of the rules of international law, sometimes "clinging" to them in a bid to resist the demands made by the different populations. Even during the succession of the USSR, this constant was respected. However, the actions in Crimea and Donbass since 2014 have marked the abandonment of this formalism, while the Kremlin's diplomacy is promoting the need to conclude new treaties with the United States and European states so that Russia can endorse its claims.
Topic:
International Law, Conflict, Norms, Annexation, and Disputes
Political Geography:
Russia, Europe, and Ukraine

9. Interpretation and Application of the ECHR: Between Universalism and Regionalism

Author:
Mattias Guyomar
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
 e protection of human rights guaranteed by the Council of Europe, in particular through the Convention for the Protection of Human Rights and Fundamental Freedoms and the supervision exercised by the European Court of Human Rights, has a dual dimension: its universal vocation goes hand in hand with the regional nature of its implementation. Tensions between universalism and regionalism play out in a fruitful and productive way.
Topic:
Human Rights, International Law, Regionalism, Universalism, and European Court of Human Rights (ECHR)
Political Geography:
Europe

10. Gearing Up the Fight Against Impunity: Dedicated Investigative and Prosecutorial Capacities

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
03-2022
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Holding perpetrators to account for the worst crimes known to humanity is one of the most important responsibilities of the community of nations in the 21st century. Notwithstanding the appalling nature of atrocity crimes, most perpetrators do not face justice. Specialized investigative and prosecutorial units, however, offer a ray of hope in this otherwise bleak justice landscape. Such units now operate in several countries around the world, including Argentina, Bosnia and Herzegovina, France, and Germany. This report, which was prepared jointly by ICTJ and the Foundation for Human Rights emerges from efforts to persuade the South African government to create a dedicated capacity to investigate and prosecute apartheid-era crimes, which have been long neglected. The report considers ways of gearing up the fight against impunity for serious international crimes and crimes of the past. It compares countries that leave atrocity crimes to the general administration of justice and those that adopt a specialized or dedicated approach. Specialized prosecutorial and investigative capacities are entities that focus exclusively on a particular category of crimes. While specialized units vary in size, structure, staffing, and operations, innovations such as prosecution-led investigations and bringing multi-disciplinary skills under one roof, make them considerably more effective than a generalized approach. The report provides a high-level audit of specialized units in 23 countries. It considers different models of domestic dedicated investigative and prosecutorial approaches and analyses their track records. Eleven case studies contrast countries with specialized units and those without. The report examines certain features that characterize specialized units, including their structure, composition, operations, and relationships with civil society and other entities. It analyzes the main challenges faced by the units including political dynamics, accessing evidence, and victim support. The report includes an overview of recent efforts by various specialized units to deliver criminal accountability for serious crimes committed in Syria. It concludes with recommendations on how to make specialized units more effective.
Topic:
International Law, Reform, Criminal Justice, Accountability, and Atrocity Prevention
Political Geography:
Uganda, Kenya, Africa, Europe, Middle East, Argentina, South America, Balkans, North Africa, Syria, Tunisia, Peru, and South Sudan

11. Extradition in the Criminal Procedural Legislation of Ukraine:" Compliance With The European Standards

Author:
Victoriia Rohalska, Oksana Bronevytska, and Gediminas Buciunas
Publication Date:
02-2022
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.
Topic:
Human Rights, International Cooperation, International Law, European Union, and Extradition
Political Geography:
Europe and Ukraine

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

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

13. Integrated Space Situational Awareness Systems: SDA and SSA – Advantages and Limitations

Author:
Malgorzata Polkowska
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
SDA (Space Domain Awareness) and SSA (Space Situational Awareness – SSA) have been defined as comprehensive knowledge of space objects and the ability to track, understand, and predict their future location. The purpose of the article is to present SSA initiatives to protect space systems, which are now recognized as fundamental assets of the sustainable development of each country. The destruction of even a part of the space infrastructure can have severe consequences for the security of citizens and economic activity. These systems assume the combination of all data obtained by various entities operating in space and Earth to create a common database. The SSA system was created based on the US military programme SDA (Space Domain Awareness); SSA and SDA are almost similar, but SDA is a new term replacing SSA, which existed previously. SDA is a better and improved SSA. Increasingly, the SSA programme is part of national and EU space strategies, but it is not yet possible to include it in international space law.
Topic:
International Cooperation, International Law, European Union, and Space
Political Geography:
Europe

14. Enforcement of the European Union Law Before the Albanian Constitutional Court and the High Court

Author:
Gentjan Skara and Bojana Hajdini
Publication Date:
09-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a ‘Euro-friendly’ approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court’s decision and not to explain the importance of relying on EU law or CJEU case law.
Topic:
International Cooperation, International Law, European Union, and Constitution
Political Geography:
Europe and Albania

15. Back to democracy: Europe, Hamas, and the Palestinian elections

Author:
Hugh Lovatt
Publication Date:
03-2021
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
Palestinian elections are on track to take place during the coming months – for the first time in over a decade. The EU and the US have a decisive role to play in ensuring the electoral process succeeds. In doing so, they can support Palestinian political renewal and improve prospects for a sustainable peace agreement with Israel. Within Hamas, moderates have gambled on elections. The movement – along with Fatah – is looking for new avenues for political engagement given the increasingly inauspicious regional and international context. The EU and the US must: commit to respecting the outcome of the Palestinian elections; persuade Israel to support a free, fair, and inclusive process; and pursue a constructive relationship with any new government that pledges respect for democracy, human rights, and international law.
Topic:
Human Rights, International Law, Authoritarianism, Elections, Democracy, and Hamas
Political Geography:
Europe, Israel, and Palestine

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

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

17. Court of Justice of the EU Ruling on Products from Territories Occupied by Israel

Author:
Michał Wojnarowicz and Szymon Zaręba
Publication Date:
01-2020
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
On 12 November 2019, the Court of Justice of the EU (CJEU) issued a judgment on products from Jewish settlements in the Israeli-occupied West Bank and Golan Heights. It states that EU members are required to ensure that the origin is properly marked. The implementation of this requirement may cause disputes in the EU because of differences in Member States’ policies towards Israel. Tensions in relations with the U.S. are also possible, especially in the context of that country’s recent change in policy favouring the Israeli position on settlements. Hence, it is advisable for the EU to develop a uniform policy regarding imports and labelling of products from all occupied territories.
Topic:
International Law, Territorial Disputes, European Union, Occupation, Judiciary, and Trade
Political Geography:
Europe, Middle East, Israel, Palestine, North America, United States of America, West Bank, and Golan Heights

18. Libya Agreement’s Impact on Italy’s Migration Policy

Author:
Katarzyna Michalska and Małgorzata Pawłowska
Publication Date:
02-2020
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
The migration agreement concluded in 2017 between Italy and Libya helped stem the refugee and mass-migration crisis. The agreement, with minor amendments, was extended on 4 November 2019 until the end of 2021. However, its implementation has resulted in human rights violations, which is contrary to EU values and law. Italy will not quit the deal because it views it as an effective instrument for reducing irregular migration.
Topic:
Human Rights, International Law, Migration, Treaties and Agreements, and Refugees
Political Geography:
Europe, Libya, North Africa, and Italy

19. The Political and Legal Landscape of the Alaska Phenomenon

Author:
Ye. Zinkov
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
ThE PROBLEM of the acquisition and sale of Alaska, and to whom it belongs, excites the minds of researchers to this day. There are supposi- tions that once the first Russians had traversed Siberia, they settled in Alaska during the second half of the 16th century.1 The next period, in which Alaska gets mentioned by Russian people, dates to 1648, in connection with the names of the Cossack Semyon Dezhnev and his associate Fedot Popov, who circumvented the Asian continent, then passed from the Arctic Ocean to the Pacific Ocean basin.2 Later on, an official expedition was organized; its commander, Vitus Bering, announced in 1728 his discovery that Asia and America did not have a land bridge between them.3 The first legal documentation of Alaska’s coastline took place on August 21, 1732, when the crew of the St. Gabriel, under the leadership of surveyor Mikhail Gvozdev and navigator Ivan Fyodorov (or K. Moshkov, according to other sources), recorded its contours without going ashore. From this date began the jurisdictional affiliation of Alaska with the Russian Empire. however, the territory for a long time contin- ued to be developed on the basis of civil law. The bureaucrats of the Russian Empire did not duly administer the land in Alaska. This situation contributed to the consolidation of legal relations within civil society on the territory along the lines of the Novgorod Republic.
Topic:
International Law, Law, Land, and Jurisdiction
Political Geography:
Russia, Europe, North America, Alaska, and United States of America

20. In the Shadow of the British Empire: International Law and the State of Decolonization

Author:
Quentin Levin
Publication Date:
03-2020
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
The sun may have set on the British Empire, but its shadow lingers over modern Britain’s foreign policy. Britain retains fourteen minor overseas territories worldwide, though its global ambitions lie beyond these vestiges of its empire. Today, the United Kingdom is a nation on the move—it is just not yet sure where. Its people resolved in a 2016 referendum to reverse European integration, rekindle economic ties with the Commonwealth, and strengthen the “Special Relationship” with the United States. Yet, as Britain attempts to reassert its national sovereignty, it is haunted by the specter of its imperialist past and the constraints imposed by international institutions it helped strengthen.
Topic:
International Law, History, Decolonization, and Empire
Political Geography:
Britain and Europe