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31. 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

32. 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

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. 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

36. 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

37. 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

38. 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

39. 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

40. 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