Publication Year: within 10 Years and within 3 Years / Topic: Law

1. The Monroe Doctrine as the Will and Idea of the United States of America

Author:: Boris Martynov
Publication Date:: 01-2023
Content Type:: Journal Article
Journal:: International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:: East View Information Services
Abstract:: On February 24, 2022, international relations entered a whole new stage of development affecting, albeit to varying degrees, practically all states, with no end in sight. On September 7, 2022, speaking at the Eastern Economic Forum, Russian President Vladimir Putin said that the world was experiencing “fundamental transformations.” Such transformations generally require several years to be completed. By the middle of the third decade of the 21st century, two highly important signs of a new situation have become absolutely clear: a crisis of the old institutions of global governance and the new rising and developing centers of power. At the same time, the opinion that the new is just the “well-forgotten old” is confirmed. This is especially true of the US and its policies.
Topic:: International Relations, Foreign Policy, History, Governance, Law, Psychology, Identity, and Monroe Doctrine
Political Geography:: Russia, Global Focus, and United States of America

2. Beyond European extraterritoriality, for legal intelligence and compliance in the service of sovereignty: A response to the extraterritoriality of foreign laws to safeguard fundamental European values

Author:: Amélie Giuliani
Publication Date:: 01-2023
Content Type:: Policy Brief
Institution:: Robert Schuman Foundation (RSF)
Abstract:: In this period of change, companies must anticipate their local legal environment, regional and international regulations and foreign laws with extraterritorial scope on a daily basis.
Topic:: International Relations, Sovereignty, Law, European Union, and Compliance
Political Geography:: Europe

3. Digital Sovereignty: For a Schuman Data Plan

Author:: Arno Pons
Publication Date:: 01-2023
Content Type:: Policy Brief
Institution:: Robert Schuman Foundation (RSF)
Abstract:: On 9 January, the European Commission launched the first cooperation and monitoring cycle for the achievement of the European Union’s digital decade by 2030. If, in the digital field, Europe faces issues of sovereignty, it is because it has left the sector open for over twenty years to the American Tech giants, who have imposed a game whose rules that have never been understood here. Either because these rules were inaccessible to the European Union (Moore and Metcalfe laws), or because we accepted that there were no rules of the game (code is law).
Topic:: Markets, Science and Technology, Infrastructure, Law, European Union, Data, European Commission, and Digital Sovereignty
Political Geography:: Europe

4. Amid Inflation, Costa Rica Workers Face Longer Workdays and Cuts to Overtime

Author:: Isabel Villalon
Publication Date:: 05-2023
Content Type:: Commentary and Analysis
Institution:: The North American Congress on Latin America (NACLA)
Abstract:: After years of neoliberal entrenchment, a proposed law is poised to erode longstanding labor rights in the private sector, making the working-class more precarious.
Topic:: Law, Neoliberalism, Private Sector, Labor Rights, Labor Unions, and Working Class
Political Geography:: Latin America, Central America, and Costa Rica

5. Governing Outer Space – legal issues mounting at the final frontier

Author:: Hjalte Osborn Frandsen
Publication Date:: 02-2023
Content Type:: Policy Brief
Institution:: Danish Institute for International Studies (DIIS)
Abstract:: In 2022, the private space firm SpaceX successfully launched 61 rockets, adding hundreds of satellites to its burgeoning, globe-spanning mega-constellation. SpaceX´s Starlink-project now comprises more than 3,000 satellites. For comparison, the European Space Agency launched six rockets in 2022 and operates less than 50 satellites in total. In the span of a few years, private space companies have dethroned nation states as the dominant actors in outer space. Today the vast majority of satellites are owned and controlled by commercial companies. During the first months of the Russian assault on Ukraine, several commercial space companies stepped in to provide vital satellite images and space-based Internet in support of the Ukrainian defense. This exemplifies the three currently dominant trends of human space activities: expansion, securitization and privatization. The global space industry is undergoing the most fundamental and swift changes since the original space race ended when Neil Armstrong placed the first boot marks on the moon in 1969. The rapid changes raise a number of serious governance issues in areas such as national security, environmental protection and the rule of law in outer space. Denmark, Europe and the international community at large all have an acute interest in insisting on space being a global commons in which conduct can and should be regulated to benefit all of humanity – not just a few profit-seeking billionaire-owned space companies. Developments in the space industry are fast and accelerating. As with other global governance issues, like climate and cyber issues, achieving global accord on new regulations for space activities will be difficult and time-consuming, so prudent policymakers should get started right away.
Topic:: Security, Defense Policy, Governance, Law, and Space
Political Geography:: Global Focus

6. POLICY OF RAISING THE CAPACITY OF LOCAL SELF-GOVERNMENTS FOR MANAGEMENT OF EMERGENCIES

Author:: Samed Karovic, Jasmina Brankovic, Sinisa Domazet, and Jelena Jesic
Publication Date:: 03-2023
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: Local self-governments (LSGs) cannot effectively manage emergencies. To overcome this problem, it is necessary to find action policies that would facilitate the increase of capacities of LSGs in such situations. The starting point for defining the policy was collecting data on the current abilities and capacities of LSGs in AP Vojvodina. The research covered 40% of the total number of LSGs and more than 64% of the population in the AP of Vojvodina. A combined open-ended survey questionnaire was constructed for data collection. The data was collected in field conditions through online procedures, direct sending of written surveys, and direct discussion of project implementation leaders. The statistical analysis of data identified that the legal aspect of LSGs and emergencies was not harmonized with other institutional documents at the level of LSGs. Most LSGs had serious difficulties in managing emergencies, especially civil protection. The platform is envisaged to facilitate raising the prevention capacity of LSGs by integrating all relevant information to provide early warnings and indications for implementing corresponding organizational, technical, and economic measures to deal with emergencies.
Topic:: Security, Law, Business, Knowledge Management, and Emergencies
Political Geography:: Eastern Europe and Serbia

7. Navigating through continuity and innovation: an analysis of Lula’s third term challenges involving migration policy

Author:: Matheus Felten Fröhlich and Veronica Korber Gonçalves
Publication Date:: 10-2023
Content Type:: Journal Article
Journal:: Conjuntura Austral: Journal of the Global South
Institution:: Conjuntura Austral: Journal of the Global South
Abstract:: This article addresses the first hundred days of Luiz Inácio Lula da Silva's third term as president of Brazil in the contextof international migration and refuge. The paper aims to analyse the “intermestic” characteristics of foreign policy and its relationship with the formulation of specific guidelines on migration. Using documentary sources and interviews, we examine the context in which Lula took charge, which was marked by the recognition of “prima facie” refugee status for Venezuelan citizens, the elaboration of a national migration policy, and the definition of the future of Operation Welcome. Our objective is to reflect on the main challenges faced by the new government concerning migration and refugee issues, considering the historical con-struction of the agenda in the last two decades. We conclude that the current focus is on revamping crucial policies to ensure the smooth operation of orderly migration within the country, as these practices have been gradually dismantled in recent years. Besides, we highlight that the future of Opera-tion Welcome remains uncertain at this stage.
Topic:: Foreign Policy, Governance, Law, Refugees, Lula da Silva, and Migration Policy
Political Geography:: Brazil and South America

8. CCP Ideological Indoctrination, Part 1: The PRC’s New “Patriotic Education Law”

Author:: John Dotson
Publication Date:: 12-2023
Content Type:: Journal Article
Journal:: China Brief
Institution:: The Jamestown Foundation
Abstract:: On October 24, the People’s Republic of China (PRC) National People’s Congress (NPC) Standing Committee (全国人民代表大会常务委) officially codified the country’s existing initiatives for “patriotic education (PE; 爱国主义教育)” by promulgating the People’s Republic of China Patriotic Education Law (中华人民共和国爱国主义教育法). This mandates indoctrination in state-directed ideological content throughout all sectors of society (PRC Government, October 25). While CCP policy documents are always more important than formal PRC law, the Party-state does use formal laws passed by the National People’s Congress (全国人民代表大会) to codify and emphasize Party policies. This law appears to be no exception. [1] The unveiling of the new Patriotic Education Law has been accompanied by a campaign of predictably laudatory coverage in PRC state media. For example, the CCP mouthpiece People’s Daily ran a flowery editorial that quoted a professor from the China University of Political Science and Law as stating that “implementing the patriotic education law will enhance the daily practice of patriotic spirit” among the Chinese people. The editorial itself opined that the NPC had, “on the basis of the rule of law, promoted and guaranteed New Era patriotic education, inspiring the nation’s spirit, concentrating the people’s strength, advancing the building of a strong country [and] national revival with extremely significant and profound meaning” (People’s Daily, November 23). Such coverage has appeared alongside other official messaging emphasizing the need for enhanced focus on ideological instruction. For example, the mid-October issue of the CCP’s official journal Qiushi (求实) was a themed issue focused on ideology. It featured a lead article under Xi’s name titled “Open New Frontiers for the Sinicization and Modernization of Marxism.” It also included a list of articles on supporting themes, such as a Central Party School article titled “In the New Era and New Journey, Unceasingly Advance the Party’s Innovations in Theory” (Qiushi, October 16).
Topic:: Education, Law, Ideology, Political Parties, Chinese Communist Party (CCP), and Indoctrination
Political Geography:: China and Asia

9. Chinese National Security Laws Hinder Foreign Companies’ Operations in China

Author:: Martin Purbrick
Publication Date:: 10-2023
Content Type:: Journal Article
Journal:: China Brief
Institution:: The Jamestown Foundation
Abstract:: Investigations into alleged misconduct and criminality by companies are to be expected, and welcomed, in any country. However, the problems facing foreign companies in the People’s Republic of China (PRC) depart from normal legal checks and balances. The lack of separation between the judiciary and the state, and the uncertainty around China’s interpretation of the “rule of law,” is a risk factor for companies doing business there (See: China Brief, September 8). In addition, “state secrets” in the PRC are defined widely in relation to national interest. Consequently, a foreign company can inadvertently breach the law by obtaining and using commercial data. This week the US Department of Commerce’s Bureau of Industry and Security (BIS) announced updated export controls on advanced computing semiconductors, semiconductor manufacturing equipment, and supercomputing items to the PRC (BIS, October 17). Foreign companies doing business in the PRC are likely to face continued uncertainty as a consequence. The response from the PRC was swift, stating that the United States has constantly “overstretched the concept of national security” and resorted to “unilateral bullying” (China Daily, October 18), which suggests that there is a risk the PRC will take retaliatory measures against foreign companies. Western companies involved in the PRC have long understood that when investing in China they must lose a little bit of money in the short term to win a lot of money in the long term. Doing business in China has always been complex, but with the continued expansive approach to national security, it may now be increasingly untenable (See: China Brief, September 22). After three decades of huge investment in the PRC by international companies, there are growing concerns that the growing emphasis on national security is harming the confidence of overseas investors. As the European Union Chamber of Commerce in China reports, “the politicisation of business, and ambiguous laws and regulations…increases risk for companies operating in Chinas” (EU Chamber, September 20). In recent weeks, this ambiguity has been exacerbated by the growing number of “exit bans,” whereby PRC authorities forbid specific business executives at international companies, such as Kroll and Nomura, from leaving the country (Stratfor, September 29).
Topic:: National Security, Law, and Business
Political Geography:: China and Asia

10. Xi Jinping’s Hidden Goals for the PRC Law on Foreign Relations

Author:: Willy Wo-Lap Lam
Publication Date:: 07-2023
Content Type:: Journal Article
Journal:: China Brief
Institution:: The Jamestown Foundation
Abstract:: Chinese President Xi Jinping has promulgated a new law on foreign affairs to legitimize tough measures that Beijing is taking against the “bullying” of the “hegemonic West.” The statute, “The Law on Foreign Relations of the People’s Republic of China (PRC),” which takes effect on July 1, will also anchor the supreme leader’s long-standing aspiration to build a China-centric global order that will challenge the framework established by the US-led Western Alliance since the end of World War II. The law also codifies the total control that Xi, who is Chinese Communist Party (CCP) General Secretary and Chairman of its Central Military Commission (CMC), exercises on all policies regarding diplomacy and national security (People’s Daily, June 30; Xinhua, June 28). The law states that the PRC “stays true to the vision of common, comprehensive, cooperative, and sustainable global security, and endeavors to strengthen international security cooperation and its participation in mechanisms of global security governance.” It stresses Beijing’s right to “take corresponding countermeasures and restrictive measures” against acts that violate international law and norms and that “endanger China’s sovereignty, security and development interests.” The official Global Times said the statute was a response to “new challenges in foreign relations, especially when China has been facing frequent external interference in its internal affairs under the western hegemony with unilateral sanctions and long-arm jurisdiction” (The Global Times, June 28). The legislation legalizes measures such as counter-sanctions and blacklisting of foreign nationals and institutions in retaliation against similar measures that the US and other Western countries have taken against PRC firms (New York Times Chinese Edition, December 16, 2022).
Topic:: Foreign Policy, Diplomacy, Law, and Xi Jinping
Political Geography:: China and Asia

11. The Long Arm of the Law(less): The PRC’s Overseas Police Stations

Author:: Martin Purbrick
Publication Date:: 06-2023
Content Type:: Journal Article
Journal:: China Brief
Institution:: The Jamestown Foundation
Abstract:: In April, the FBI charged two Chinese-Americans, both U.S. citizens, with conspiring to act as agents of the government of the People’s Republic of China (PRC) by establishing an “overseas police station” on behalf of the Fujian Public Security Bureau in New York. The defendants allegedly organized counter-protests against the Falun Gong, harassed a Chinese fugitive to return to the PRC and hassled a pro-democracy activist living in California. On June 6, the UK Government Minister of State for Security, Tom Tugendhat, made a statement with an update on Chinese “Overseas Police Service Stations” reportedly located in Croydon, Glasgow and Hendon (UK Parliament, June 6). He stated that “the Police have visited each of the locations identified by Safeguard Defenders [the NGO that reported the locations], and carefully looked into these allegations to consider whether any laws have been broken and whether any further action should be taken. I can confirm that they have not, to date, identified any evidence of illegal activity on behalf of the Chinese state across these sites.” The reactive approach in the UK is notably different from the US, where proactive intelligence led investigations by the FBI have led to multiple arrests. International concern regarding the extent of law enforcement activity by Chinese agencies outside of their home country jurisdiction has recently increased. Such activity has been reported as “Chinese Overseas Police Service Centers” (Safeguard Defenders, September 2022), “Chinese Assistance Centers” (China Brief, January 5, 2019), joint patrols in Italy with local police, structured training to local police such as in the Solomon Islands, harassment and intimidation of Chinese dissidents, and extra-judicial action to return fugitives from overseas that effectively constitutes extraordinary rendition. These activities are characterized by their diversity and, as a result, should not be considered part of a single strategy. Rather, the multiple purposes served by Chinese police forces’ expanding overseas activities can be better understood by tracing how these efforts have evolved over the past decade.
Topic:: Security, Law Enforcement, Law, and Police
Political Geography:: China and Asia

12. Coming Together or Coming Apart? A New Phase of International Cooperation on Migration

Author:: Demetrios G. Papademetriou, Natalia Banulescu-Bogdan, and Kate Hooper
Publication Date:: 01-2022
Content Type:: Special Report
Institution:: Migration Policy Institute (MPI)
Abstract:: The global context for international cooperation on migration has shifted in unanticipated ways since the Global Compact for Safe, Orderly, and Regular Migration was adopted in December 2018. The COVID-19 pandemic, in particular, upended the migration status quo. Beginning in March 2020, countries introduced border closures or restrictions that essentially paused most forms of mobility, with significant consequences for migrants, their countries of origin, and destination countries—from stranded populations and reduced remittances, to labor shortages in key industries. While many governments’ responses to the pandemic have been unilateral and inward-looking, these challenges have underscored the importance of pursuing greater coordination on migration and mobility at the bilateral, regional, and multilateral levels. Drawing on three meetings of MPI’s Transatlantic Council on Migration, this Council Statement explores the rationale for deeper cooperation on migration, the obstacles impeding it, and ways forward. It reflects on the trajectory of the Global Compact and its implementation to date, and strategies for reinvigorating international cooperation.
Topic:: International Cooperation, International Organization, Migration, Governance, Law, COVID-19, and Immigration Policy
Political Geography:: Global Focus

13. Robbing Reproductive Autonomy: Forced Sterilizations in the Americas and the Inter-American Human Rights System’s Response

Author:: Meredith McCain
Publication Date:: 05-2022
Content Type:: Journal Article
Journal:: Journal of Public and International Affairs (JPIA)
Institution:: School of Public and International Affairs (SPIA), Princeton University
Abstract:: Forced and coerced sterilizations, far from being a relic of the past, remain a widespread and troubling practice throughout the world. In the Americas, numerous countries have been accused of carrying out state-sponsored campaigns of forced sterilizations against indigenous, Afro-descendant, poor, and/or intellectually disabled women, in what amounts to an appalling act of violence and targeted erasure of marginalized communities. While international jurisprudence on forced sterilizations is limited, the Inter-American Human Rights System has been at the forefront of confronting this issue of reproductive justice. Through an analysis of two landmark cases at the Inter-American Court of Human Rights, this paper explores the strides that have been made and the gaps that remain for survivors of forced sterilization to receive justice.
Topic:: Human Rights, Law, State Violence, Reproductive Rights, and Sterilization
Political Geography:: South America, Central America, and North America

14. The Future of Digital Evidence Authentication at the International Criminal Court

Author:: Chelsea Quilling
Publication Date:: 05-2022
Content Type:: Journal Article
Journal:: Journal of Public and International Affairs (JPIA)
Institution:: School of Public and International Affairs (SPIA), Princeton University
Abstract:: In the digital age, new technologies and advancements in computing power have transformed the nature of potentially relevant evidence of atrocities evaluated in international criminal law. The International Criminal Court is presently underprepared to meet the challenges of authenticating digital evidence. This paper outlines the challenges and dangers of the ICC’s current approach to digital evidence authentication and verification, explores the debate among scholars over the analysis of scientific evidence as an analogous problem, and identifies policy recommendations for improving the Court’s capacity and capability to authenticate digital evidence.
Topic:: International Relations, Science and Technology, Law, International Criminal Court (ICC), and Digital Revolution
Political Geography:: Global Focus

15. Israeli Law and the Rule of Colonial Difference

Author:: Rabea Eghbariah
Publication Date:: 03-2022
Content Type:: Journal Article
Journal:: Journal of Palestine Studies
Institution:: Institute for Palestine Studies
Abstract:: Israeli law is an important medium that maintains, perfects, and facilitates the fragmentation of Palestinians. Israeli citizenship figures in this structure of fragmentation as an exceptionalizing legal status that blurs “colonial difference” between Palestinian citizens in Israel and Jewish Israelis. The May 2021 uprising and its aftermath not only highlighted the counter-fragmentary forces present among Palestinians across different legal statuses, it also brought into clearer view a rule of “colonial difference” that crisscrosses the Israeli legal system and pertains to all Palestinians under its control. This essay explores the concept of “colonial difference” as applied to Palestinians through the law, and how this rule has been employed in the context of the May 2021 uprising against Palestinian citizens in particular.
Topic:: Law, Citizenship, Colonialism, Settler Colonialism, Police, Unity, Uprising, and Fragmentation
Political Geography:: Middle East, Israel, and Palestine

16. Legal options for a green golden rule in the European Union’s fiscal framework

Author:: Zsolt Darvas
Publication Date:: 07-2022
Content Type:: Policy Brief
Institution:: Bruegel
Abstract:: Achieving the European Union’s climate goals and decoupling from Russian energy will require a massive increase in green public spending, which will be difficult when EU fiscal rules requiring fiscal consolidation are reinstated. The two major proposals to address the conflicting goals of fiscal consolidation and increased green public investment needs are a possible new European climate investment fund and a green golden rule. The latter would exclude any increase in net green public investment from the fiscal indicators used to measure compliance with fiscal rules, for countries with sound public finances. An EU climate fund and a well-designed green golden rule would be equivalent in terms of project selection, implementation and control procedures. If the climate fund does not involve redistribution across member states, then the treatment of related spending and consequent borrowing in national fiscal indicators and in the EU’s fiscal framework would be the same. New regulations would be needed to set up both the climate fund and the green golden rule. Special legislation would be needed to exempt the subsequent climate expenditures from EU fiscal rules in both cases. A climate fund financed by EU borrowing with redistributive effects across countries would likely result in the exclusion of the fund’s activities from national fiscal indicators and EU fiscal rules without any legislative changes. There are question marks about the desirability and political feasibility of redistribution across the EU for climate purposes. An EU climate fund, irrespective of whether or not it involves redistribution, would mainly benefit southern and eastern EU countries. An instrument is needed to foster green public investment in western and northern EU countries as well. The green golden rule would be such an instrument. While there are some pragmatic options to mimic a green golden rule in the current EU fiscal framework, such as amending the so-called ‘investment clause’ and adjusting the medium-term objective for the structural balance, ultimately, elements of the 2011 Six-Pack legislation and the 2012 Treaty on Stability, Coordination and Governance should be revised to include a green golden rules.
Topic:: Climate Change, Law, European Union, Fiscal Policy, and Energy
Political Geography:: Europe

17. Customary International Law Requiring States to Grant Nationality to Stateless Children Born in Their Territory

Author:: William Thomas Worster
Publication Date:: 07-2022
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: In the most recent few years, state practice and opinio juris are increasingly converging to affirm that states must grant nationality to children born in their territory if they would otherwise be stateless. In prior scholarship, this author has argued that there is a customary international law norm requiring states to grant nationality in such cases. Certainly, UNHCR’s #IBelong campaign is a significant part of this development, placing statelessness back on the international agenda, as well as encouraging states to adhere to the statelessness conventions, adopt birth registration and statelessness determination procedures and revise domestic law. Partly due to this campaign, states are increasingly adopting practice and domestic law that provides for nationality from birth for stateless children but are also increasingly stating their opinion that such an approach is desirable, necessary and morally compelling. In fact, it is effectively impossible to identify any state that claims it has the unfettered right to refuse to grant nationality to a stateless child born in its territory. This article will complete a brief survey of recent practice and expressions of opinion, mostly as documented by UNHCR as a part of the #IBelong Campaign to End Statelessness, to confirm that this norm continues to strengthen under customary international law.
Topic:: International Law, Law, Children, Citizenship, and Nationality
Political Geography:: Global Focus

18. Undocumented Children in Iran

Author:: Zahra Abtahi, Keyvan Zamani, and Miriam Potocky
Publication Date:: 07-2022
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: Children are among the most vulnerable groups to suffer the consequences of a lack of documentation. A lack of legal documentation identifying citizenship precludes children from rights and privileges accorded to their documented peers. While a lack of documentation is usuallythe result ofimmigrants or asylum seekers enteringanother country without legal documentation or not renewingtheir visas after entry, it may also occur when a female national of a country cannot pass her nationality to her child because she is married to a non-national without valid documentation. According to the United Nations High Commissioner for Refugees, as of March 2021, equality between men and women relating totheconferral of nationality upon children has not yet been attained in 25 countries worldwide, including Iran.1Thiscommentaryaims to provide brief explanationsof the legal procedures regarding nationality in Iran, the different undocumented groupsandthelegal advocacy to address the issue of lack of documentation, in light of new progress addressingthe inequality in conferring nationality between men and women.
Topic:: Law, Children, Stateless Population, and Undocumented Population
Political Geography:: Iran and Middle East

19. Comment on the Zhao Case: Can a ‘Victory for Human Rights’ in the Netherlands Benefit Children at Risk of Statelessness in the Middle East and North Africa?

Author:: Thomas McGee and Yoana Kuzmova
Publication Date:: 07-2022
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: Zhao establishes a significant precedent, but it remains to be seen how easily the outcome can be translated into victories elsewhere. In practical terms, the universal application of the decision may be hampered by the limitations of the legal and institutional landscape in the MENA.This issueneeds to be pushed to challenge violations of the same right:a nationality forall children,at birth,everywhere in the world.
Topic:: Human Rights, Law, Citizenship, and Stateless Population
Political Geography:: Africa, Middle East, and MENA

20. R (Begum) v Special Immigration Appeals Commission; R (Begum) v Secretary of State for the Home Department; Begum v Secretary of State for the Home Department [2021] UKSC 7, [2021] AC 765

Author:: Eric Fripp
Publication Date:: 07-2022
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: The decision of the Supreme Court represents yet another prompt to reflection asto the very wide provision for deprivation of British citizenship bytheSSHD undertheBNA 1981s 40(2). By making clear the paucity of domestic law restraints upon the SSHD, the decision may ultimately have the effect of moving attention to the question—which the Supreme Court did not address —of whether domestic law safeguards, if not reformed, might be found so insufficient as to fall short of the international law norm prohibiting arbitrary deprivation of nationality, which the European Court of Human Rights in recent cases has been willing to find applicable through the broader art 8 ECHRrights. That question looms over the future but will,for the moment,remain unresolved. It also raises important questions concerning the absence of protection from serious harms which may, given the technical nature of the statelessness definition, not be alleviated by protection from statelessness, and leaves to be resolved on the facts of future cases important issues of child law, including the international human rights protections of the CRC89.
Topic:: Law, Children, Citizenship, Courts, and Stateless Population
Political Geography:: United Kingdom and Europe

21. Scylla and Charybdis: The Self-Determination of Peoples Versus the Territorial Integrity of States

Author:: A. Kagramanov
Publication Date:: 01-2022
Content Type:: Journal Article
Journal:: International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:: East View Information Services
Abstract:: LIKE Odysseus, who fell into the clutches of Scylla after escaping the whirlpool Charybdis, countries that have escaped the threat of losing territory as a result of foreign invasion are facing the threat of disintegration from within. The ancient epic by the great Homer about the adventures of the hero Odysseus, who finds himself between a rock and a hard place, involuntarily comes to mind when considering the perennial international legal dilemma about the relationship between the principle of the territorial integrity of states and the right of peoples and nations to self-determination. As Yekaterina Narochnitskaya rightly notes, self-determination, like freedom, has “its limits and its paradox.” “Just as unlimited freedom destroys itself, so the right to self-determination, elevated to an absolute, risks depriving everyone and everything of self-determination, the inevitable outcome being a chain reaction of countless conflicting expressions of will leading to a general collapse.”1 Experience shows that the principle of self-determination is subject to double standards and often politically exploited by certain groups to achieve their economic, social, ethnocratic, religious, and other narrow, sometimes purely selfish goals that contradict the original purpose of this vital international legal and (in most cases) constitutional provision. And it is for these untoward purposes that the artificial “collision” of this principle with the principle of territorial integrity is often used.
Topic:: International Law, Law, Self Determination, Conflict, Peace, and Territory
Political Geography:: Global Focus

22. The Russian Invasion of Ukraine: Legal Aspects

Author:: Pnina Sharvit Baruch and Ori Beeri
Publication Date:: 03-2022
Content Type:: Working Paper
Institution:: Institute for National Security Studies (INSS)
Abstract:: Since Russia invaded Ukraine, it has been the object of significant legal pressure. While the various legal measures have no power to stop the bloody war, they deliver a powerful, unequivocal message: any state that flagrantly violates international world and undermines the world order will suffer isolation, condemnation, sanction, and criminal investigations. Israel, which has seemed to lean to sitting on the fence, must join the international efforts against Russia, Otherwise it is liable to find itself on the wrong side of history
Topic:: Military Strategy, Law, Conflict, and Russia-Ukraine War
Political Geography:: Russia, Europe, and Ukraine

23. The Importance of the English Language in Public Diplomacy and International Relations

Author:: Mirvan Xhemaili
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 primary language of international relations and diplomacy is English. The representatives of international bodies communicate in the English language. It is vital to establish English as the official language for international organizations in facilitating more efficient collaboration internationally. English dominance in international communication becomes increasingly apparent. This study aimed at gaining a more in-depth understanding of the significance of the English language. It also aimed at identifying, describing, and explaining the importance of the English language in public diplomacy and international relations. The researcher used the descriptive research method in the study, notably; secondary data were used for collecting reliable conclusions for the research. The findings suggested that the adoption of formulaic language, particularly, idioms and idiomatic expressions to further embellish the phrases used in the arena of international relations or policy is a peculiarity of the English language. The study concluded that formulaic language and the adoption and usage of idioms is a distinguishing feature that diplomats and those who have a career in international law and international relations should master.
Topic:: International Relations, Diplomacy, Law, Language, and Public Diplomacy
Political Geography:: Global Focus

24. On Just, Justice and Distributive Justice: A Critical and Comparative Discourse

Author:: Sooraj Kumar Maurya
Publication Date:: 06-2022
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: Despite being endlessly debated, a unanimous impetus on the nature of just, justice, and distributive justice appears entirely untouched to the desirable scientific certainty so far. Aristotle asserts treating’ equals equally and un-equals unequally’ but in proportion to their relevant differences. John Rawls says 'justice as fairness.' To both Aristotle and John Rawls, justice meant for the good and a willingness to act by the laws to ensure the highest good of society. Antecedently, both agree that justice is a master imperative for good human relationships and coexistence. However, despite the universal agreement, they differ in many fundamental respects. Aristotle denies the outbound distribution of an individual's rights as only the head of the family has the right to free speech in the family. But, Rawls distributes each right to the individual level. The paper attempts to discuss the similarities and dissimilarities in Aristotle's and John Rawls'ideas of just, justice and distributive justice. It has been argued that the aim of both philosophers was the same, i.e., to find out a theory of justice through which unity, harmony, virtue, and happiness can be attained to the fullest in a nation.
Topic:: Law, Inequality, Justice, and Legal Sector
Political Geography:: Global Focus

25. Refugee Legal Empowerment: From Accompaniment to Justice

Author:: Emily E. Arnold-Fernández
Publication Date:: 05-2022
Content Type:: Special Report
Institution:: Center on International Cooperation
Abstract:: This was a core finding of the Task Force on Justice’s 2019 Justice for All report. Two years into the global COVID-19 pandemic, that ﬁgure has likely risen. The global justice gap manifests in the lives of individuals in varied ways: 1.5 billion people had an unresolved justice problem, the Task Force found 4.5 billion people were excluded from the opportunities that law provides.
Topic:: Law, Refugees, Justice, Marginalization, and Empowerment
Political Geography:: Global Focus

26. Legal Mobilisation for Minority Rights in Central and South-Eastern Europe: an agenda for action

Author:: Lilla Farkas and Zsolt Körtvélyesi
Publication Date:: 04-2022
Content Type:: Policy Brief
Institution:: Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:: On September 2–3, 2021, a workshop was held at ELIAMEP at which participants discussed their prospective contributions to a collective volume with the working title “Legal Mobilisation for Minority Rights in Central and South-eastern Europe (CSEE)”. The contributions tracked rights-claiming by three large groups of minorities in areas historically ruled by the multicultural Austro-Hungarian monarchy and the Ottoman empire: Hungarian minorities living around their kin-state, Roma across CSEE, and Muslims in the Balkans, including Turks, Muslims, Albanians, and Bosniaks. The edited volume will be the first systemic study of minority-rights activism in its political and geographic context, with a focus on how ethnic minorities use law in practice. Rather than focusing on high-visibility international litigation, which is dominant in the extant scholarship, the volume tracks legal action from the national and local level up, assessing the impact of legal mobilization in terms of social change, not simply legal success.
Topic:: Human Rights, Law, Minorities, Ethnicity, and Activism
Political Geography:: Eastern Europe, Balkans, Hungary, and Central Europe

27. Hybrid Warfare or Hybrid Threat – The Weaponization of Migration as an Example of the Use of Lawfare – Case Study of Poland

Author:: Piotr Lubinski
Publication Date:: 03-2022
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: This article aims to address the issue of alleged hybrid warfare attacks on Lithuania, Latvia, and Poland. The scope of the article covers the Belarus operations conducted in 2021. Firstly, the author addresses the issue of pushing migrants from a descriptive perspective. Secondly, he debates whether Belarus operation was conducted within the scope of hybrid warfare, hybrid threat, and lawfare? The author concludes that the Republic of Belarus has operated lawfare falling within the hybrid threat spectrum. It means that the situation is not to be classified under the law of armed conflict from the perspective of international and non-international armed conflicts and ius ad bellum violation. Thirdly, the author claims that Belarus has violated international law, so certain legal redress is appropriate and justified. Belarus's actions may result in a court proceeding before the International Court of Justice and before other international institutions.
Topic:: Migration, Law, Hybrid Warfare, and Hybrid Threats
Political Geography:: Europe and Poland

28. How Has the Coronavirus Affected Polish Criminal Law?

Author:: Weronika Stawinska
Publication Date:: 06-2022
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: This paper aims to indicate the changes in Polish criminal law introduced in the COVID-19 acts. The text identifies the new regulations of most importance to society. For this reason, the initial focus is on the issue of suspension of procedural time limits and some substantive law time limits from the Criminal Code. It must be stated that, from the perspective of the legal certainty principle, precisely these provisions are of the most significant importance for the defendant. Next, the changes in the Electronic tagging concerning the possibility of interrupting the execution of an imprisonment sentence and serving an imprisonment sentence were discussed. From a criminal policy point of view, higher penalties for the offences of exposure to infection and stalking should also have been mentioned. A new offence of particularly aggravated theft has appeared in the Penal Code and a new offence of obstructing a Police or Border Guard officer in performing official duties. For a more effective fight, it is also vital to provide for the possibility of imposing a new preventive measure and confiscating objects important to public health. The indicated legal developments are presented in the context of human rights protection and in light of recent literature and judicial decisions.
Topic:: Law Enforcement, Law, Pandemic, COVID-19, and Health Crisis
Political Geography:: Europe and Poland

29. The social and economic cost of Egypt's prison system

Author:: Egyptian Initiative for Personal Rights Legal Researcher and Lawyer
Publication Date:: 02-2022
Content Type:: Research Paper
Institution:: Arab Reform Initiative (ARI)
Abstract:: Legal scholars have long been concerned with how to deter crime and limit its spread. For a long time, imprisonment has been used as a tool to serve these two purposes. On one hand, prisons function as a means to deprive inmates of their liberty and deter public and private crime. On the other hand, they also seek to reform convicts in a way that facilitates their reintegration into society by adopting appropriate rehabilitation programs for each prisoner.1 Despite the general deterrent impact of imprisonment, overreliance on such penalties can also have negative consequences – particularly when prisons fail to fulfil the rehabilitation component of their role. Prisons then risk turning into a hotbed that enables even more dangerous criminal behavior. As such, some legal scholars believe that penalties that deprive individuals of their liberties are no longer considered the best or only means to create more stable and secure societies, nor to reduce crime rates.
Topic:: Crime, Law, Legal Theory, and Legal Sector
Political Geography:: Africa, Egypt, and MENA

30. Legal Aspect of The Concept of Climate Refugee: Evaluation of Existent Protection Tools and Suggested Solutions

Author:: Neva Övünç Öztürk
Publication Date:: 09-2022
Content Type:: Policy Brief
Institution:: Turkish Economic and Social Studies Foundation (TESEV)
Abstract:: Even though it can be accepted at the first glance that such kind of migrations can be considered within the scope of “forced migration” in sociological terms due to the compelling effect of environmental reasons on migration, tools offered by international law for forced migration fall short of protecting “climate refugees” in practice.
Topic:: Climate Change, Law, Refugees, Justice, and Protection
Political Geography:: Global Focus

31. Ethiopia’s Grand Renaissance Dam. The Law, History, Politics and Geopolitics behind Africa’s Largest Hydropower Project

Author:: Francesca Caruso
Publication Date:: 10-2022
Content Type:: Working Paper
Institution:: Istituto Affari Internazionali
Abstract:: Since 2011, the construction of the Grand Ethiopian Renaissance Dam (GERD) has provoked a diplomatic crisis between Ethiopia, Egypt and Sudan, adding fuel to the already combustible geopolitics of the Horn of Africa. Despite its technical aspects, the GERD dispute has over time become a multi-layered geopolitical crisis where a plethora of actors and dynamics have been influencing the ongoing negotiations. Protagonists are no longer only Ethiopia, Egypt and Sudan, and the resolution of the crisis is now dependent on factors beyond technical solutions. Moreover, the crisis seems to have become an instrument that the three countries are using to deal with issues of national legitimacy, territorial disputes and regional balance. However, while instrumentalisation can be politically expedient in the short term, all parties have an interest an equitable and regionally based, inclusive and cooperative agreement. In order to understand how multilateral organisations can contribute to the finding of an equitable and reasonable solution, a multi-layered analysis – on local, national and regional dynamics – needs to identify the main drivers for Egypt, Ethiopia and Sudan.
Topic:: Diplomacy, History, Water, Infrastructure, Law, Geopolitics, Dams, Conflict Management, and Hydropower
Political Geography:: Africa, Ethiopia, and Egypt

32. Promoting Evidence-Informed Immigrant Integration Policymaking

Author:: Jasmijn Slootjes
Publication Date:: 10-2022
Content Type:: Policy Brief
Institution:: Migration Policy Institute (MPI)
Abstract:: Across Europe, immigrant integration policy has often been forged in the heat of crisis and driven by political priorities. This can be seen in the response to millions of people fleeing war in Ukraine and to the 2015–16 migration and refugee crisis. Resources and attention are much less frequently devoted to gleaning lessons from integration initiatives and using them to improve policymaking going forward. Yet, pressing labor shortages, strained government budgets, and social cohesion challenges all point to the importance of implementing integration policies that efficiently use limited resources—and that work. This policy brief explores why immigrant integration has fallen behind other policy areas in embracing an evidence culture and suggests ways to remedy this lag. It first examines recent progress and key gaps in this area, and then maps the obstacles that continue to hinder an evidence revolution in integration policy. The brief concludes with recommendations for creating an environment in which evidence-informed integration policymaking can thrive, including through the effective use of pilot projects, targeted funding, stakeholder engagement, and capacity-building initiatives.
Topic:: Migration, Law, European Union, Immigrants, Integration, and Immigration Policy
Political Geography:: Europe

33. Back to sovereignty? Policy space in investor-State dispute settlement

Author:: Magdalena Bas
Publication Date:: 09-2022
Content Type:: Journal Article
Journal:: Revista Brasileira de Política Internacional (RBPI)
Institution:: Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:: The paper examines how investor-State dispute settlement mechanisms -included in international investment agreements- are able to condition national policy space, even when foreign investors question measures regarding human rights, public health, or environmental protection. It also intends to identify and explain the new trends in international investment agreements that illustrate different ways out the investor-State dispute settlement labyrinth. In order to achieve the objectives, a qualitative documentary research was conducted, based on secondary sources. The new trends in international investment agreements cartography show the emergence of a new concept of sovereignty rooted in the defense of policy space -“regulatory sovereignty”.
Topic:: Sovereignty, Governance, Law, and Investment
Political Geography:: Global Focus

34. An Unlikely Duo? Regionalism and Jus Cogens in International Law

Author:: Carlos Lima Lima and Loris Marotti
Publication Date:: 11-2022
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: Recent years have witnessed a renewed interest in peremptory norms of international law (jus cogens) in the international legal discourse.  e ongoing works of the International Law Commission (ILC or Commission) on the topic1 , also prompted by the increasing relevance such norms have gained in the case law of national and international courts, is refreshing the long-standing debate about the scope, nature and content of peremptory norms2 . Against this background, less attention is being paid to the possible relations between jus cogens and regionalism, as well as to the legal and political implications such relations may have in the international realm.
Topic:: International Law, Law, and Regionalism
Political Geography:: Global Focus

35. The Rollback of Human Rights and the Rule of Law in Hong Kong

Author:: Michael C. Davis
Publication Date:: 02-2021
Content Type:: Policy Brief
Institution:: The Jamestown Foundation
Abstract:: After the Hong Kong protest movement exploded in 2019, the world looked on with both hope and trepidation. Protestors made five demands: that a proposed extradition law be withdrawn; that there be an independent investigation of police behavior; that the protests stop being characterized as riots; that any charges against arrested protesters be dropped and that promised universal suffrage be implemented (HKPF, December 25, 2019). After months of protest, Hong Kong Chief Executive Carrie Lam publicly withdrew the extradition bill, fulfilling the first of the protestors’ demands (SCMP, September 4, 2019). But this temporary victory was too little too late and overshadowed by the ongoing and often violent crackdown on the protesters, and then in 2020, with Beijing’s imposition of the new National Security Law (NSL) (China Brief, July 29, 2020).
Topic:: Human Rights, Law, Rule of Law, Protests, and Repression
Political Geography:: China, Asia, and Hong Kong

36. Restructuring Sovereign Bonds: Holdouts, Haircuts and the Effectiveness of CACs

Author:: Chuck Fang, Julian Schumacher, and Christoph Trebesch
Publication Date:: 01-2021
Content Type:: Working Paper
Institution:: Kiel Institute for the World Economy (IfW)
Abstract:: Sovereign debt crises are difficult to solve. This paper studies the “holdout problem”, meaning the risk that creditors refuse to participate in a debt restructuring. We document a large variation in holdout rates, based on a comprehensive new dataset of 23 bond restructurings with external creditors since 1994. We then study the determinants of holdouts and find that the size of creditor losses (haircuts) is among the best predictors at the bond level. In a restructuring, bonds with higher haircuts see higher holdout rates, and the same is true for small bonds and those issued under foreign law. Collective action clauses (CACs) are effective in reducing holdout risks. However, classic CACs, with bond-by-bond voting, are not sufficient to assure high participation rates. Only the strongest form of CACs, with single-limb aggregate voting, minimizes the holdout problem according to our simulations. The results help to inform theory as well as current policy initiatives on reforming sovereign bond markets.
Topic:: Debt, Economics, International Political Economy, Law, and Credit
Political Geography:: Global Focus

37. An International Perspective on Observing US Elections

Author:: Rachel Lastinger and Sandra Urquiza
Publication Date:: 03-2021
Content Type:: Special Report
Institution:: Georgetown Journal of International Affairs
Abstract:: Election observers are a crucial mechanism for transparency in the electoral process and can play a key role in electoral reform. In the United States, election observers’ findings can be more efficiently utilized to catalyze needed reform. The Carter Center has observed over 113 elections and supported citizen observer efforts in various countries. Drawing from this international experience, we suggest that US election observers can monitor the electoral process beyond election day, from voter registration to election dispute resolution and have a similar impact on electoral reform and integrity.
Topic:: Civil Society, Governance, Law, and Elections
Political Geography:: United States of America and North America

38. “Police Do Not Protect Me, My Female Friends Do”: Police Repression against Feminists in Mexico

Author:: Paulina García-Del Moral
Publication Date:: 02-2021
Content Type:: Special Report
Institution:: Georgetown Journal of International Affairs
Abstract:: Mexican feminists have used the hashtag “la policía no me cuida, me cuidan mis amigas” (police do not protect me, my female friends do) to denounce and document sexual abuse and harassment at the hands of police and the sharp increase in police repression against feminist demonstrations. The repression of these feminist demonstrations suggests a new and disturbing pattern of the criminalization of women’s right to mobilize.
Topic:: Security, Civil Society, Law, Women, Feminism, Conflict, Police, and Girls
Political Geography:: Central America and Mexico

39. Stemming the Flow: The United States Needs a Strategy to Address China’s Strategic Exportation of Digital Authoritarianism

Author:: Joshua Fitt
Publication Date:: 02-2021
Content Type:: Special Report
Institution:: Georgetown Journal of International Affairs
Abstract:: Many of China’s technology companies perfect their products in the domestic market by facilitating the party-state’s oppression and data control, and subsequently seek to export the technology to fledgling authoritarian states or nations with fragile democracies. This is part of Beijing’s strategy to enhance its digital instruments of national power, normalize illiberal uses of technology, and equip foreign governments with the tools to replicate aspects of the CCP’s authoritarian governance model. If Washington wants to blunt this strategy, the US government needs to implement a comprehensive strategy of its own to address this.
Topic:: Science and Technology, Governance, Law, Authoritarianism, Grand Strategy, and Multilateralism
Political Geography:: China, Asia, North America, and United States of America

40. Decolonising governance: The state and chieftancy conflicts on the Ghana-Togo Borderlands

Author:: Edem Adotey
Publication Date:: 12-2021
Content Type:: Journal Article
Journal:: The Africa Governance Papers (TAGP)
Institution:: Good Governance Africa (GGA)
Abstract:: This paper examines the intersection between the modern state, chieftaincy, and international borders in governance in post-independence Ghana. It draws on a chieftaincy conflict in Ghana between Ave-Dzalele and Ave-Atanve, both Ewe-speaking communities in the Volta Region of Ghana and reflects in some detail on the involvement of the paramount chief of Edzi, whose is based in Togo, to show the complexities of governance in post-independence Ghana. The study highlights the tensions between the formal citizenship rules and traditional, informal rules of affiliation and explores the existing mechanisms for the resolution of such cross-border conflicts. It argues that modernist discourses on the sovereignty of the state and territorial integrity that ignore cross-border cultural ties limit effective approaches to the resolutions of these conflicts. This paper contributes to bridging the gap between country-specific chieftaincy research and research on cross-border chiefs in Africa through critical reflection on the limited literature on issues of governance that relate to the co-existence of modern states and international/cross-border chieftaincies. Ultimately, it calls for a decolonisation of African governance that recognises 'international chieftaincies' and formalises their roles in governance in cross- border areas around the continent.
Topic:: Post Colonialism, Governance, Law, Conflict, Borders, Decolonization, Tradition, and Chieftancy
Political Geography:: Africa, Ghana, and Togo

41. Transparency of Land-based Investments: Cameroon Country Snapshot

Author:: Sam Szoke-Burke, Samuel Nguiffo, and Stella Tchoukep
Publication Date:: 03-2021
Content Type:: Working Paper
Institution:: Columbia Center on Sustainable Investment
Abstract:: Despite a recent transparency law and participation in transparency initiatives, Cameroon’s investment environment remains plagued by poor transparency.
Topic:: Agriculture, Environment, Law, Transparency, and Land Reform
Political Geography:: Africa and Cameroon

42. India’s Sustained Economic Recovery Will Require Changes to Its Bankruptcy Law

Author:: Anirudh Burman
Publication Date:: 04-2021
Content Type:: Working Paper
Institution:: Carnegie Endowment for International Peace
Abstract:: As India’s economy recovers from the coronavirus pandemic, Indian businesses need efficient financial structures to regain their ground. Key reforms to India’s Insolvency and Bankruptcy Code could fill these gaps. One of the key drivers of economic recovery in India will be the efficient movement of capital from inefficient firms to efficient ones. The economic downturn caused by the coronavirus pandemic has been severe, and India’s economy was one of the worst affected in 2020–2021. Though the economy is recovering faster than initial estimates, sustained economic recovery will not take place if stressed businesses cannot restructure their debts properly or if failing firms cannot be resolved efficiently. India’s bankruptcy law is key to solving these challenges. In 2016 India enacted the Insolvency and Bankruptcy Code, 2016 (IBC), which was a landmark reform to the nation’s financial system and the first comprehensive law to regulate insolvency.1 But the IBC has been suspended for a period of one year since the COVID-19-related lockdown was imposed in March 2020. In its place, India’s banking regulator, the Reserve Bank of India (RBI), has introduced a limited restructuring scheme for COVID-19-related stress in the meantime. Older mechanisms for insolvency that are still in operation have historically not worked according to expectations. As the one-year period of suspension comes to a close, this paper argues that bringing back the IBC—with adequate modifications—is an important prerequisite for sustained economic growth. India historically suffered from a patchwork framework of insolvency laws that either did not give lenders adequate powers to recover their debts upon default or only catered to the interests of certain kinds of lenders—to the exclusion of others.2 The IBC is a modern and comprehensive bankruptcy law that since its enactment has had a significant role in reducing the problem of nonperforming assets (NPAs), or “bad loans,” in India’s financial system. In the wake of the economic disruption caused by COVID-19, the Indian government suspended the operation of critical parts of the IBC. These changes meant that lenders could not trigger insolvency proceedings against defaulting businesses if the default occurred after March 20, 2020. While this suspension possibly prevented unnecessary business failures and provided a “calm period” for the economy, these measures have outlived their utility.
Topic:: Law, Finance, Economy, and COVID-19
Political Geography:: South Asia and India

43. Do gendered laws matter for women’s economic empowerment?

Author:: Marie Hyland, Simeon Djankov, and Pinelopi Koujianou Goldberg
Publication Date:: 03-2021
Content Type:: Working Paper
Institution:: Peterson Institute for International Economics
Abstract:: reater legal equality between men and women is associated with a narrower gender gap in opportunities and outcomes, fewer female workers in positions of vulnerable employment, and greater political representation for women. While legal equality is on average associated with better outcomes for women, the experience of individual countries may differ significantly from this average trend, depending on the countries’ stage of development (as proxied by per capita GDP). Case studies from the Democratic Republic of the Congo, India, and Spain demonstrate this deviation. Especially in developing countries, legislative measures may not necessarily translate into actual empowerment, due mainly to deeply entrenched social norms, which render legal reforms ineffective. Women are more likely than men to be in vulnerable employment in low- and lower-middle-income economies but less likely than men to be in vulnerable employment in upper-middle- and high-income economies. Analysis of a 50-year panel of gendered laws in 190 countries reveals that country attributes that do not vary or change only slowly over time—such as a country’s legal origin, form of government, geographic characteristics, and dominant religion—explain a very large portion of the variation across countries. This finding suggests that the path to legal equality between men and women may be a long and arduous one. Nevertheless, the data also show that the past five decades have seen considerable progress toward legal gender equality. Gendered laws do evolve, suggesting a role for legal reforms in women’s economic empowerment.
Topic:: Gender Issues, Law, Women, Inequality, and Economy
Political Geography:: Africa, Europe, South Asia, India, Democratic Republic of the Congo, and Spain

44. Crime, inequality and subsidized housing: evidence from South Africa

Author:: Roxana Elena Manea, Patrizio Piraino, and Martina Viarengo
Publication Date:: 04-2021
Content Type:: Research Paper
Institution:: Centre for International Environmental Studies, The Graduate Institute (IHEID)
Abstract:: We study the relationship between housing inequality and crime in South Africa. We create a novel panel dataset combining information on crimes at the police station level with census data. We find that housing inequality explains a significant share of the variation in both property and violent crimes, net of spillover effects, time and district fixed effects. An increase of one standard deviation in housing inequality explains between 9 and 13 percent of crime increases. Additionally, we suggest that a prominent post-apartheid housing program for low-income South Africans helped to reduce inequality and violent crimes. Together, these findings suggest the important role that equality in housing conditions can play in the reduction of crime in an emerging economy context.
Topic:: Apartheid, Crime, Economics, Law, Inequality, Violence, and Legal Sector
Political Geography:: Africa and South Africa

45. Race and Empire: Legal Theory Within, Through, & Across National Borders

Author:: Asli Bâli
Publication Date:: 03-2021
Content Type:: Video
Institution:: Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:: Race and Empire: Legal Theory Within, Through, & Across National Borders w/ Pro. Asli Bâli
Topic:: Foreign Policy, Imperialism, Race, Law, Borders, Empire, and transnationalism
Political Geography:: Libya and Global Focus

46. Proportionality and Karlsruhe’s Ultra Vires Verdict: Ways Out of Constitutional Pluralism?

Author:: Martin Hopner
Publication Date:: 01-2021
Content Type:: Working Paper
Institution:: Max Planck Institute for the Study of Societies
Abstract:: In May 2020, for the first time in its history, the Federal Constitutional Court (FCC) of Germany declared Union acts as being ultra vires. According to the FCC, the European Central Bank (ECB) and the Court of Justice of the European Union (CJEU) had acted beyond their mandates because they did not apply strong proportionality standards to the ECB’s Public Sector Purchase Programme (PSPP). The resulting stalemate within constitutional pluralism has revived the discussion about the possible introduction of an Appeal Court with the “final say” over constitutional conflict. As the analysis of the PSPP conflict shows, such a judicial authority would reach its limits the more we move from the surface to the core of the struggles between European and national constitutional law. The different readings of proportionality are difficult to bridge, and the mutually exclusive claims about the nature of the supremacy of European law are not accessible to compromise at all. We should therefore not expect too much from an Appeal Court, if it were introduced.
Topic:: Regional Cooperation, Law, European Union, Economic Cooperation, European Monetary Union, and Banking
Political Geography:: Europe

47. The Political Economy of Law Enforcement

Author:: Matías Dewey, Cornelia Woll, and Lucas Ronconi
Publication Date:: 01-2021
Content Type:: Research Paper
Institution:: Max Planck Sciences Po Center on Coping with Instability in Market Societies (MaxPo)
Abstract:: The legal order is the legitimate foundation of liberal democracy. Its incomplete enforcement of the law can therefore appear dysfunctional, reflecting weak institutions, state capture, and corrupt practices. This paper casts doubt on such categorical assessments by systematically examining the reasons for and intentions behind incomplete enforcement. It argues that law enforcement is part of the political process that is deeply affected by the constellation of actors concerned. Choices over law enforcement produce social order that is analytically distinct from the production of legal norms and their formal implementation. By analyzing different types of partial enforcement, its rationales, and intended effects, we propose an approach that studies law enforcement as an integral part of public policy analysis and of the study of socioeconomic orders.
Topic:: Economics, International Political Economy, Law Enforcement, Law, Police, and Legal Sector
Political Geography:: Europe and Global Focus

48. What Does China’s Update of its Anti-Monopoly Law and New Regulations for the “Platform Economy” Mean for Business?

Author:: David Hoffman
Publication Date:: 05-2021
Content Type:: Working Paper
Institution:: The Conference Board
Abstract:: The recently enacted revisions to China’s Anti-Monopoly Law, and its extensive provisions for regulating China’s “platform economy” – i.e., fintech and ecommerce platforms – are consequential for foreign investors in China, bearing both upside and downside risks. On the one hand, they reinforce the trend of increasing state intervention in China’s economy and commercial markets and raise concerns about a more confined and controlled play-space for the private sector in China, a cohort which includes foreign multinational companies and financial investors.
Topic:: Governance, Law, Economy, Business, Investment, Monopoly, Private Sector, and Commerce
Political Geography:: China and Asia

49. Obscure but Powerful: Shaping U.S. Immigration Policy through Attorney General Referral and Review

Author:: Sarah Pierce
Publication Date:: 01-2021
Content Type:: Special Report
Institution:: Migration Policy Institute (MPI)
Abstract:: Over the course of four years, the Trump administration used a wide range of executive action tools to make sweeping changes to the U.S. immigration system. Among them is an obscure but powerful bureaucratic authority known as the attorney general’s “referral and review” power. By allowing the attorney general to review and overrule decisions made by the Board of Immigration Appeals (the immigration appellate body within the U.S. Department of Justice), referral and review makes it possible to alter or reinterpret the application of immigration laws—at times with wide-reaching effects. While the frequent and consequential use of this power by Trump-era attorneys general drew increased attention to it, many of the concerns that have been raised about it predate the Trump administration. Among them: that it allows the attorney general—the country’s chief law enforcement officer—to intercede in individual cases, raising questions about the independence of the immigration adjudication system; that referral and review decisions are made with minimal procedural safeguards or transparency; and that the power has remained in the Justice Department, even as most immigration functions were moved to the Department of Homeland Security when that agency was created nearly two decades ago. This report explores how referral and review has evolved over time, including under the Trump administration, whose attorneys general referred more cases to themselves for review than those in any prior administration, Republican or Democrat. The report also looks closely at the two areas of U.S. immigration policy most affected by Trump-era referral and review decisions: the U.S. asylum system and court procedures, including how immigration judges manage their own dockets. Finally, it looks ahead to how the power might be used in the future and recommends ways to improve its use and placement within the immigration bureaucracy.
Topic:: Immigration, Law, Border Control, and Asylum
Political Geography:: North America and United States of America

50. Racial Formations in Africa and the Middle East: A Transregional Approach

Author:: Hisham Aïdi, Marc Lynch, Zachariah Mampilly, Diana S. Kim, Parisa Vaziri, Denis Regnier, Sean Jacobs, Wendell Marsh, Stephen J. King, Eric Hahonou, Paul A. Silverstein, Afifa Ltifi, Zeyad el Nabolsy, Bayan Abubakr, Yasmin Moll, Zachary Mondesire, Abdourahmane Seck, Amelie Le Renard, Sumayya Kassamali, Noori Lori, Nathaniel Mathews, Sabria Al-Thawr, Gokh Amin Alshaif, Deniz Duruiz, Yasmeen Abu-Laban, Efrat Yerday, Noah Salomon, and Ann McDougall
Publication Date:: 09-2021
Content Type:: Research Paper
Institution:: Project on Middle East Political Science (POMEPS)
Abstract:: In February 2020, the editors of this volume organized a POMEPS workshop that explored the origins of the disciplinary divide between the study of Africa and the Middle East, examining issues that span both regions (i.e., cross-border conflict, Islamist politics, social movements and national identity, and Gulf interventionism.) In February 2021, we convened another workshop, sponsored by POMEPS and the newly-founded Program on African Social Research (PASR, pronounced Pasiri) centered on racial formations and racialization across the two regions. Both workshops centered around the need for a genuinely transregional scholarship, one which rejects artificial divisions between ostensibly autonomous regions while also taking seriously the distinctive historical trajectories and local configurations of power which define national and subregional specificities. The workshop brought together nearly two dozen scholars from across multiple disciplines to explore the historical and contemporary politics of racial formation across Africa and the Middle East.
Topic:: Islam, Race, War, Immigration, Law, Slavery, Judaism, Colonialism, Borders, Identity, and Amazigh
Political Geography:: Africa, Sudan, Turkey, Middle East, Asia, South Africa, Yemen, Palestine, North Africa, Egypt, Madagascar, Tunisia, Oman, and Gulf Nations

51. Public Policy: An Amorphous Concept in the Enforcement of Arbitral Awards

Author:: Akousa Serwaah Akoto
Publication Date:: 03-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: Public policy permeates the legal principles of a state and its ruling government. The justification of public policy is topical to the ethics and canons acknowledged by that state. These values are determined by the applicable political, social, economic, religious, and legal systems, which differ among states. As public policy usually best illuminates the broad area of government laws, regulations, provincial ordinances, and court decisions, the standards creating public policy alter as states develop. The motif of public policy is critical when the question of enforcement of arbitral awards suffice. There is no definite meaning of the term in the famous Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) to enforce foreign arbitral awards. Hence, this paper explores and traces some contemporary trends in defense of public policy as an exception to the enforcement of arbitral awards worldwide.
Topic:: Governance, Law, Regulation, and Public Policy
Political Geography:: Global Focus

52. Legal Positivism: AN Obstacle in the Process of Strengthening the Rule of Law in Bosnia and Herzegovina

Author:: Benjamin Nurkic
Publication Date:: 03-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.
Topic:: Law, Reform, Constitution, Rule of Law, and Legal Aid
Political Geography:: Europe and Bosnia and Herzegovina

53. Refouling Rohingyas: The Supreme Court of India's Uneasy Engagement with International Law

Author:: Malcolm Katrak and Shardool Kulkarni
Publication Date:: 06-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.
Topic:: Human Rights, International Law, Law, Minorities, Constitution, and Discrimination
Political Geography:: India and Asia

54. Execution of Imprisonment Sentenced by Judgment of the International Criminal Court

Author:: Dragana Cvorovic and Hrvoje Filipovic
Publication Date:: 06-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.
Topic:: Crime, International Cooperation, Law, Prisons/Penal Systems, and International Criminal Court (ICC)
Political Geography:: Global Focus

55. The Concept of Justice in Reference with Philosophies of Plato and Aristotle: A Critical Study

Author:: Sooraj Kumar Maurya
Publication Date:: 09-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The concept of justice has been a constant issue since its conception. The Greeks also attempted to define justice. They have observed justice as goodness in deeds and so a virtue. In the Greek mind, fairness was an attribute of the spirit or soul, while injustice was a sin. Both Plato and Aristotle defined justice as kindness as well as a desire to follow the law. It alluded to the connection between rights and duties. In human interactions, justice was the pinnacle of excellence and the attitude that animates folks in the right fulfillment of their responsibilities. The development of harmony and peace in thinking and conduct was pre-eminently social. In the same way, Aristotle's and Plato's fairness are complementary; both philosophers seek to discover a concept of ability by which unity, harmony, virtue, and pleasure may be produced in a community. Despite this shared agreement, they are fundamentally different in many ways. In this paper, an attempt has been made by the author to discuss the similarities and dissimilarities in theories of justice propounded by Plato and Aristotle.
Topic:: Law, International Relations Theory, Philosophy, and Justice
Political Geography:: Global Focus

56. Anonymity and Openness in Gamete Donation: The Russian Policy on the Third-Party Reproduction

Author:: Rafal Lukasiewicz and Angelo Viglianisi Ferraro
Publication Date:: 09-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: The Russian Federation is one of the few jurisdictions where recipients and gamete donors have a wide scope of choice between anonymous, identifiable, and known donations. This paper examines how the Russian law regulates this sphere and how it is applied in practice basing on data collected in the largest reproductive cells bank in Russia. It demonstrates that the Russian Federation should be regarded as a country in which there is no single dominant approach to the matter of donor anonymity. The assessment of this ‘freedom of choice’ is not unambiguous. It gives recipients and donors the right to decide which option is the most suitable for their needs and motivations, simultaneously not resolving which values take precedence over others. The donor-conceived persons’ right to disclose donor’s identifying data sometimes may conflict with the donor’s right to protect their privacy and usually, jurisdictions decide which one has the priority.
Topic:: Law, Transparency, Reproductive Rights, and Donors
Political Geography:: Russia and Europe

57. The Erroneous Foundations of Law and Economics

Author:: Mark Glick and Gabriel A. Lozada
Publication Date:: 02-2021
Content Type:: Working Paper
Institution:: Institute for New Economic Thinking (INET)
Abstract:: The fundamental originating principle of law and economics (L&E) is that legal decisions should be (and are) based on maximizing efficiency. But L&E proponents do not define “efficiency” in the way agreed to by most economists, as Pareto Efficiency. A Pareto optimal condition is obtained when no one can be made better off without making someone worse off. Pareto Improvements are win-win changes where no losers exist. In the judicial system, however, there are always winners and losers, because under Article III § 2 of the Constitution a legal case does not exist unless there is a justiciable “case or controversy” in need of resolution. Unable to use Pareto Efficiency, L&E scholars have been forced to adopt alternative definitions of efficiency. Most L&E scholars claim to define “efficiency” based on the work of Kaldor and Hicks, but (perhaps unwittingly) instead use a definition of “efficiency” derived from the 19th century idea of consumer surplus, which encompasses L&E notions such as “wealth maximization,” and “consumer welfare” in antitrust. Neither of these alternative definitions is viable, however. Outside of L&E, the Kaldor-Hicks approach has long been recognized to be riddled with logical inconsistencies and ethical failures, and the surplus approach is even more deficient. Remarkably, virtually none of the numerous L&E textbooks even hint at such problems. Critically, all definitions of efficiency improvements in economics are biased in favor of wealthy individuals or firms, either because they are dependent on the status quo ante distribution of assets, or because they bestow large advantages on parties with political influence or who can afford to bring lawsuits quickly. Many L&E practitioners treat efficiency improvements instead as being objectively good, an error revealing that L&E is primarily motivated by its neoliberal policy agenda.
Topic:: Economics, Law, Neoliberalism, and Efficiency
Political Geography:: Global Focus

58. Filtering and Site Blocking: Necessary Reforms for the Digital Marketplace

Author:: Steven Tepp
Publication Date:: 09-2021
Content Type:: Policy Brief
Institution:: Hudson Institute
Abstract:: Business models and technology have changed dramatically since the 1990s; nowhere more so than online. Those changes, alongside some key judicial decisions, have distorted the operation of the US copyright law provision specifically designed to address online copyright infringement. Today, even a platform that knows that 80 percent of what it hosts are unlicensed copyrighted works, it can be shielded from accountability by the safe harbors in the Copyright Act. Copyright owners are left to send millions of takedown requests with little actual effect on piracy. This, along with other factors, led the US Copyright Office to conclude that the cooperative environment the law was meant to create has not and will not be realized without amending the law. And while dozens of other countries have successfully adopted measures to address online infringement from beyond their borders, the United States has not acted to implement similar procedures.
Topic:: Intellectual Property/Copyright, Law, Reform, and Criminal Justice
Political Geography:: Global Focus

59. The Value of Cellular Technology

Author:: Urška Petrovčič and Kirti Gupta
Publication Date:: 10-2021
Content Type:: Policy Brief
Institution:: Hudson Institute
Abstract:: Cellular technologies, such as those embodied in the third generation (3G), fourth generation (4G), and fifth generation (5G) of cellular standards, have provided the foundation for a thriving mobile ecosystem that has benefited consumers and businesses all over the world. In the past 20 years, the number of mobile connections has grown almost 10-fold, reaching an ever-growing percentage of the global population. In 2017, the number of mobile connections surpassed the number of people on the planet. In 2019, mobile technologies and services added $4.8 trillion of economic value to the global economy, and the mobile ecosystem employed (directly and indirectly) 30 million people. Although cellular technology has already transformed all facets of our society, the deployment of 5G will bring even broader and more radical changes. By connecting everything and everywhere, 5G will help us realize the full potential of connectivity and usher in the era of smart transportation, smart cities, smart factories, and smart homes. The new products and services enabled by 5G will change all aspects of our daily life, such as health care, energy, agriculture, automotive, manufacturing, and retail, among others. This will not only benefit consumers and businesses, but society as a whole. Cellular technologies are central to this revolution. Without advances in the cellular space, none of the economic and societal benefits we see in the connected world would be possible. Therefore, it is important to understand how cellular technologies are developed and deployed, and what impact they have on the economy and on society more broadly. It is also important to understand why fairly compensating cellular innovators is essential to maintain a sustainable system where new technologies can be developed and brought to consumers.
Topic:: Science and Technology, Intellectual Property/Copyright, Law, Criminal Justice, and 5G
Political Geography:: Global Focus

60. How IP Rights Keep Markets Free

Author:: Jonathan M. Barnett
Publication Date:: 06-2021
Content Type:: Policy Brief
Institution:: Hudson Institute
Abstract:: It is elementary that secure protection of property rights is a necessary precondition for efficient markets that drive economic growth. Yet this principle is not always recognized in the case of markets for intangible goods. Rather, intellectual property rights are often characterized as a monopoly franchise that stands at odds with free-market competition. Following this view, IP rights at best provide a justifiable means to incentivize innovation but are prone to abuse by incumbents seeking to block entrants. This standard narrative overlooks an inconvenient fact. As I show in a new book, Innovators, Firms, and Markets: The Organizational Logic of Intellectual Property, incumbents and other large firms in US technology markets have regularly advocated against stronger forms of patent protection and, in certain industries, have resisted patent protection entirely. This lobbying strategy poses a puzzle: Why would dominant firms resist the opportunity to operate under the umbrella of a legal monopoly? This policy memo analyzes the counterintuitive IP policy preferences of large technology firms and, in resolving this apparent anomaly, shows that patents tend to enhance competitive intensity by enabling idea-rich but capital-poor innovators to challenge idea-poor but capital-rich incumbents. Contrary to widespread assumptions, IP rights are far closer to the familiar property rights that support tangible goods markets rather than the monopoly grant to which they are often (and misleadingly) analogized. These insights, which are based on over a century’s worth of US innovation history, raise significant concerns about the IP-skeptical trajectory that policymakers have pursued since the mid-2000s.
Topic:: Markets, Intellectual Property/Copyright, Law, and Criminal Justice
Political Geography:: Global Focus

61. Does China Really Dominate Global Innovation? The Impact of China’s Subsidized Patent Application System

Author:: Jonathan Putnam, Hieu Luu, and Ngoc Ngo
Publication Date:: 03-2021
Content Type:: Special Report
Institution:: Hudson Institute
Abstract:: Over the past two decades, China’s economy has grown impressively, while its patented innovations have grown at an even higher rate. But this patent application trend should not simply be accepted at face value. The Chinese government has subsidized patent applications as part of its overall domestic industrial policy agenda, which underlies China’s claim to have “won” the global innovation race, especially in next-generation technologies like 5G or AI. Our study shows that high rates of patenting do not necessarily mean dominance, or even leadership, among the world’s innovation economies. China’s recent announcement that it plans to end subsidies for patent applications by 2025 perhaps acknowledges that its policy is no longer necessary or desirable. In any case, uncritical reports of China’s innovation dominance, overall or in prominent high-tech sectors, should be viewed skeptically, especially by policymakers.
Topic:: Intellectual Property/Copyright, Law, Economy, and Innovation
Political Geography:: China and Asia

62. The Impact of Common Law on the Volume of Legal Services: An International Study

Author:: Enzo Dia and Jacques Melitz
Publication Date:: 11-2021
Content Type:: Working Paper
Institution:: Centre d'Etudes Prospectives et d'Informations Internationales (CEPII)
Abstract:: We show that the heavy use of legal services relative to output in the US is not a peculiarity of the country but applies to common law countries in general. It stems largely from better ability to contract and easier access to justice. Yet in close association, common law also opens significantly more room for rentseeking by lawyers than civil law. Thereby the costs could outweigh the benefits. Both real GDP per capita and openness emerge as further factors making room for lawyers.
Topic:: International Cooperation, International Law, Labor Issues, and Law
Political Geography:: Global Focus

63. Implementation of the Law on Operational Technical Agency and the Law on Interception of Communications

Author:: Bijana Karovska Andonovska
Publication Date:: 03-2021
Content Type:: Commentary and Analysis
Institution:: Geneva Centre for Security Sector Governance (DCAF)
Abstract:: The analysis reflects the current state from the viewpoint of legal solutions, but also from the viewpoint of real problems seen in practice, which come in part as the result of inconsistent and insufficiently precise legal provisions. Thus, a special emphasis was put on the provisions that do not fully serve the reform priorities and the segments that do not correspond to international documents and the practice of European courts. The analysis offers alternative solutions and concrete recommendations to overcome the evident weaknesses in some of the existing legal provisions. This is especially true for several segments underlined in the text (provisions on interception of communications without the mediation of OTA; provisions on metadata; certain aspect in the interception of communications in the interest of security and defense; security of data; as well as the provisions on oversight and control over the interception of communications). The structure of the document is comprised of an introduction, approach to the reforms, analysis of the legal framework, opportunities and challenges, and conclusions.
Topic:: Security, Science and Technology, Communications, Law, and Reform
Political Geography:: Europe

64. Mass Migration as a Hybrid Threat? – A Legal Perspective

Author:: Sascha Dov Bachmann and Anthony Paphiti
Publication Date:: 01-2021
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: Migration as a weapon sounds like a policy statement by resurgent nationalistic parties (and governments) in the West. However, politics and the human cost aside, what if an adversary (both state and non-state actor) does exploit the current global crisis of mass migration due to globalization, war, and political unrest? This article will look at the ongoing mass migration to the European Union within the wider security context of the so-called hybrid threats and/or ‘grey zone’ tactics. It looks at the various legal categories of migration as how the law can be weaponized as so-called ‘lawfare’ to undermine the existing legal frameworks distinguishing between legal and illegal migration. The authors recognize the possibility that this article will be used as an argument by the political actors involved for their nationalistic and anti-migration politics and policies. Yet, we believe that the potential of abusing the current vacuum for political gains along ideological party lines makes it necessary to provide a wider legal-security focused perspective on mass migration.
Topic:: Security, Migration, Immigration, Law, Border Control, and Humanitarian Crisis
Political Geography:: Global Focus

65. Participating in European sovereignty through law

Author:: Hugo Pascal
Publication Date:: 06-2021
Content Type:: Policy Brief
Institution:: Robert Schuman Foundation (RSF)
Abstract:: In the late 1980s, as the debate about the decline of American hegemony intensified[1], economist and political scientist Susan Strange emphasised the 'structural power' of the United States, understood as “the power to determine the frameworks of the global economy that has allowed it to choose and shape the structures within which other countries, their political institutions, businesses and professionals must operate”[2]. In Europe, the reputedly "extraterritorial" scope of certain US laws, illustrated by the heavy fines imposed by the American authorities on continental companies, could be considered as one of the most immediate manifestations of this power. It also appears to be a response to the new gap created by globalisation between a now deterritorialized market and regulatory States that are no longer homogeneous and superimposed[3], and this at a time when the institutions of international economic regulation often seem to be in deadlock. The growing interdependence between economies, enabled by globalisation and encouraged by free trade, has gradually eroded the markets established by borders to such an extent that the nation-State, conceived as the protector of a narrowly defined territory, could be considered a historically dated model[4], without a new body with a general scope having been able, to date, to replace it in its tasks, such as the fight against financial crime. In this new complex system, «new geopolitics of norms» has been created.[5] Europe must find its rightful place within it so that it can assert its sovereignty.
Topic:: Sovereignty, Law, Geopolitics, and Norms
Political Geography:: Europe

66. Exceptionality of the Principle of the Presumption of Innocence

Author:: Carlos Manuel Rosales
Publication Date:: 12-2021
Content Type:: Journal Article
Journal:: Review of Human Rights
Institution:: Society of Social Science Academics (SSSA)
Abstract:: The Principle of Presumption of Innocence (PPI) is one of the constitutional pillars of modern democratic state system. However, various theories and justifications have been developed for its inalienability to be reconsidered, especially based on the local context and needs of each country. This research highlights and critically analyzes the question of its reconsideration, the exceptions so far created, and its impact on the continental human rights jurisdictional system.
Topic:: Human Rights, Law, Justice, Jurisdiction, and Presumption of Innocence
Political Geography:: Global Focus

67. Gender, Law, and Security: Selected Student Research from the Project on Gender and the Global Community, 2019-2020

Author:: Barbara Buckinx, Beth English, Jake Gutman, Seoyoung Hong, Mikaylah Ladue, Katrin Lewis, and Liza Paudel
Publication Date:: 11-2021
Content Type:: Special Report
Institution:: Liechtenstein Institute on Self-Determination, Princeton University
Abstract:: Who is the ‘self’ in self-determination? Feminist scholars and activists have long noted that, when self-determination means primarily non-interference in the internal affairs of a governing body, practices and traditions through which men dominate women can flourish. In order to fully realize the promise of the concept of self-determination, it is therefore best understood in both collective and individual forms. Women across the world have long sought to influence and shape the nature of their own lives, with a gendered understanding of power and how hierarchies of power are not only created and maintained, and perpetuate inequalities, but also how they can potentially be reorganized and remade. In this spirit, the research agenda and related activities of the Liechtenstein Institute on Self-Determination at Princeton University’s Project on Gender in the Global Community (GGC) uses gender as a primary lens for analysis and starting point for broader dialogues about sustainable development, state building, economic and political participation, negotiation and mediation, peace, and security. The GGC Student Fellows Program, inaugurated during the 2017-18 academic year, has been an integral complement to this work. Building on student interest in the GGC project and modeled on the successful student fellows program organized as part of LISD’s Project on Religion, Diplomacy and International Relations (PORDIR), a dedicated student cohort of Princeton students ranging from first-year undergraduates to Ph.D. candidates and postdocs, were selected through a competitive application process. Over the course of the 2019-20 fellowship year, GGC fellows pursued independent, academically rigorous research, a sampling of which is presented in this publication. In December 2019, they presented their projects alongside peers from Columbia University’s School of International and Public Affairs during a joint student research day. The papers in this volume include the written output of this independent work, which represents a variety of disciplines and methodologies and reflect the range of work undertaken by GGC students throughout the year.
Topic:: Governance, Law, Self Determination, Influence, and Gender
Political Geography:: Global Focus

68. The UN Support: The implications of postponing Libya’s legislative elections to January 2022

Author:: FARAS
Publication Date:: 10-2021
Content Type:: Policy Brief
Institution:: Future for Advanced Research and Studies (FARAS)
Abstract:: On October 2021, Libyan House of Representatives announced that the election dates would be rescheduled, so that presidential elections would be held on December 24, while the legislative elections would take place thirty days later. Originally, the legislative elections were supposed to be held on the same day as the presidential elections. This can be considered a new step taken by the Parliament with the aim of showing commitment to the roadmap by approving the parliamentary election law.
Topic:: Law, Elections, Domestic Politics, and Parliament
Political Geography:: Libya and North Africa

69. Colonial Legacies in Syrian Nationality Law and the Risk of Statelessness

Author:: Malak Benslama-Dabdoub
Publication Date:: 07-2021
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: The millions of Syrians born or living in exile as a result of the ongoing conflict has dramatically increased the number of people from Syria with no nationality. In this regard, Syrian nationality law has been criticised for containing discriminatory provisions and failing to address the risk of statelessness. Nonetheless, the responsibility of colonialism in creating such discrimination has been largely overlooked. One decade after the outbreak of the Syrian civil war, this article looks back at the colonial roots of Syrian legislation governing nationality. Through a critical legal and historical analysis, it reveals the hidden colonial legacies of Syrian citizenship, by highlighting the responsibility of European colonial powers in introducing gender-based discrimination in domestic legislation, rendering Kurds and Palestinians stateless, and creating the practice of arbitrary denationalisation. This paper ends with a call for more research on colonial legacies within citizenship and statelessness studies.
Topic:: Law, Colonialism, Stateless Population, and Nationality
Political Geography:: Middle East and Syria

70. TP v Minister of Home Affairs (Sentence No 9140, 22 April 2014) (Tribunal of Rome)

Author:: Paolo Farci
Publication Date:: 07-2021
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: There are two procedures to determine statelessness in Italy. One is under the competence of the Ministry of the Interior, which can certify, pursuant to the administrative procedure under art 17 of Decree of the President of the Republic No 572,1 the statelessness of applicants who are able to show: (a) a birth certificate; (b) documentation relating to residence in Italy; and (c) any document suitable for demonstrating statelessness. The other procedure is under the competence of the civil courts.2 This judicial procedure does not require applicants to provide evidence of their lawful status or residence and thus, it is the route followed by most stateless persons.3 The present case, TP v Minister of Home Affairs,4 concerns the latter route to statelessness determination and involves TP’s application to the Tribunal of Rome to recognise his status as a stateless person. This case represents an unusual example of a court using its inquisitorial powers to seek evidence in support of its ruling and, as such, it set a judicial precedent, which can assist the determination of similar proceedings. It was also the first time that a court found the Government of India’s practice regarding the treatment of Tibetans born in India to Tibetan parents amounted to a denial of nationality
Topic:: Law, Courts, Stateless Population, and Nationality
Political Geography:: Europe and Italy

71. 'Humanising' Statelessness through an Artistic Approach

Author:: Md Mizanur Rahman
Publication Date:: 12-2021
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: In this article I critically examine an art-based approach to statelessness in institutional settings, to show how art can produce alternative insights on statelessness. Drawing from ethnographic observation, I show how an art-based approach tries to go beyond the predominant legalistic and political frames and representations of statelessness, but stay married to the same legal and political discourses. I found the art-based approaches observed do not subscribe to the idea that statelessness is only a legal anomaly and instead emphasise the creation of empathy for stateless individuals or groups. This humanises statelessness by showing their human vulnerability and creatively recognising their hope and agency. Regardless, artistic approaches can struggle to challenge the legalistic and political nature of the problem. It remains a question whether such approaches are appropriately promoting the views, perceptions and feelings of stateless persons themselves, as their participation in creating such art projects are minimal. As such, I argue for an ‘ethnographic turn in art practices’, which can ensure the participation of stateless people in the process of creating and demonstrating art. I believe this ‘turn’ could play a crucial role in the development of statelessness studies.
Topic:: Arts, Culture, Law, and Stateless Population
Political Geography:: Global Focus

72. ‘Politics and Law: The Nightmare and the Noble Dream’ - Rt Hon Robert Buckland QC MP

Publication Date:: 04-2021
Content Type:: Video
Institution:: Mile End Institute, Queen Mary University of London
Abstract:: UK Constitutional Reform: What Has Worked and What Hasn’t?
Topic:: Law, Reform, Constitution, and Domestic Politics
Political Geography:: United Kingdom and Europe

73. The Power of Law and Justice: The Contribution of Latvia to the Global Development and Defense of Democracy

Author:: Egils Levits
Publication Date:: 09-2021
Content Type:: Journal Article
Journal:: Brown Journal of World Affairs
Institution:: Brown Journal of World Affairs
Abstract:: In May 1985, I wrote the following statement in a Canadian Latvian maga- zine: “In 5-, 20- or 50-years’ time the Soviet Union will be gone from Latvia.”1 Back then, I was just a young lawyer and political scientist—a researcher at the University of Kiel in Germany—having emigrated from the USSR-occupied Latvia 13 years earlier. I took an active part in the political life of Latvians in exile. Most believed that the bipolar world in which the nuclear superpowers of the West and East faced off would never change. So, why was I convinced that the Soviet Empire would collapse?
Topic:: Defense Policy, Development, Law, Democracy, Justice, and Post-Soviet Space
Political Geography:: Latvia and Baltic States

74. Brexit and Beyond: government, law and external relations

Author:: UK in a Changing Europe
Publication Date:: 03-2021
Content Type:: Special Report
Institution:: UK in a Changing Europe, King's College London
Abstract:: Brexit is done. The formal negotiations are over — even though the Trade and Cooperation Agreement paves the way to many further negotiations between the UK and the EU. Our understanding of what Brexit does mean in practice is just beginning. This mini report is for those who want to dig deep on Brexit and its impact upon British governance and the constitutional makeup of the UK, and what Britain’s place in the world is set to look like outside of the European Union. This mini report is taken from the Brexit and Beyond report.
Topic:: International Relations, Government, Governance, Law, European Union, Constitution, and Brexit
Political Geography:: United Kingdom and Europe

75. Can You Hear Me Now? Attorney Perceptions of Interpretation, Technology, and Power in Immigration Court

Author:: Maya P. Barak
Publication Date:: 10-2021
Content Type:: Journal Article
Journal:: Journal on Migration and Human Security
Institution:: Center for Migration Studies of New York
Abstract:: The Executive Office for Immigration Review houses America’s trial-level immigration courts, which adjudicate hundreds of thousands of cases annually, many resulting in deportations. Most proceedings require interpretation and all rely heavily upon technology. Yet, we know little about communication and technology in these hearings, and even less about the views of attorneys who navigate this system daily. I examine the effects courtroom interpretation and technology have on immigrant voices as described in interviews with immigration attorneys representing clients facing deportation. Attorneys overwhelmingly characterize the court as procedurally unjust, pinpointing how flaws in interpretation, telephonic conferencing, and videoconferencing offer the illusion of due process. Drawing upon criminology, legal sociology, and linguistics, this study finds profound improvements are needed to ensure due process in the nation’s immigration courts.
Topic:: Science and Technology, Law, Legal Aid, and Immigration Policy
Political Geography:: North America and United States of America

76. Lithuania, China and EU lawfare to counter economic coercion

Author:: Steven Blockmans
Publication Date:: 12-2021
Content Type:: Policy Brief
Institution:: Centre for European Policy Studies (CEPS)
Abstract:: Without any formal notification, China recently declined customs clearances for shipments from Lithuanian firms in the pharmaceutical, electronics, and food sectors, and warned multinationals of secondary sanctions if they did not sever their ties with Lithuania. These covert actions were taken in response to Lithuania’s invitation to Taiwan, which the People’s Republic of China (PRC) claims as its own territory, to open a ‘representative office’ in Vilnius. No other country has ever found itself at the receiving end of such intense and politically motivated Chinese economic pressure. These actions on the part of the PRC are politically explosive because it raises serious questions about the international conduct of the Chinese Communist Party (CCP). If it can simply wipe a country off its trade book, a state belonging to the EU’s customs territory no less, then what does it mean to be a member of the WTO, or a signatory to any other number of international agreements? And, given the lamentable state the WTO is in: could the European Commission’s newly proposed anti-coercion instrument bring any solace to Lithuania and the EU?
Topic:: Law, European Union, Economy, Trade, and Coercion
Political Geography:: China, Europe, Asia, and Lithuania

77. Balkan and Eastern European Comparisons: Building a New Momentum for the European integration of the Balkan and Eastern European associated states

Author:: Michael Emerson and Steven Blockmans
Publication Date:: 02-2021
Content Type:: Special Report
Institution:: Centre for European Policy Studies (CEPS)
Abstract:: CEPS first published in 2018 a comparison of how the Balkan and Eastern European associated states fared in their progressive alignment on EU laws and norms. This attracted considerable attention, notably because the detailed research showed that the two groups of states were becoming increasingly comparable in their alignment on the EU acquis. A more recent suggestion that this work should be updated and deepened for its policy implications has led to this study. Andrius Kubilius MEP, former Prime Minister of Lithuania, in particular encouraged CEPS to do this, and the authors thank him for his stimulus and support. Considerable interest is now being expressed in this study advocating a new momentum for the European integration of both Balkan and East European associated states. Both the enlargement and neighbourhood policies are at best stagnating. The perceived incentives for reforms in line with European norms and values are too weak or uncertain. The study proposes enhancing the ‘more for more’ principle with quantification and benchmarking of ratings for all chapters of the relationships with the EU. A major proposed innovation is that in addition to ongoing sectoral and functional integration, the EU should officer partial and progressive institutional integration, conditional on performance in relation to the ratings, as a more constructive approach than the present ‘all or nothing’ method of accession.
Topic:: Law, European Union, Regional Integration, and Norms
Political Geography:: Europe, Eastern Europe, and Balkans

78. Proportionality and Karlsruhe’s Ultra Vires Verdict: Ways Out of Constitutional Pluralism?

Author:: Martin Höpner
Publication Date:: 01-2021
Content Type:: Working Paper
Institution:: Max Planck Sciences Po Center on Coping with Instability in Market Societies (MaxPo)
Abstract:: In May 2020, for the first time in its history, the Federal Constitutional Court (FCC) of Germany declared Union acts as being ultra vires. According to the FCC, the European Central Bank (ECB) and the Court of Justice of the European Union (CJEU) had acted beyond their mandates because they did not apply strong proportionality standards to the ECB’s Public Sector Purchase Programme (PSPP). The resulting stalemate within constitutional pluralism has revived the discussion about the possible introduction of an Appeal Court with the “final say” over constitutional conflict. As the analysis of the PSPP conflict shows, such a judicial authority would reach its limits the more we move from the surface to the core of the struggles between European and national constitutional law. The different readings of proportionality are difficult to bridge, and the mutually exclusive claims about the nature of the supremacy of European law are not accessible to compromise at all. We should therefore not expect too much from an Appeal Court, if it were introduced.
Topic:: Law, European Union, Constitution, Conflict, European Monetary Union, Court of Justice of the EU (CJEU), and Proportionality
Political Geography:: Europe

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COLUMBIA UNIVERSITY PRESS