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2. Judging Putin
- Author:
- Arnaud De Nanteuil
- Publication Date:
- 04-2023
- Content Type:
- Policy Brief
- Institution:
- Robert Schuman Foundation (RSF)
- Abstract:
- The publication of an international arrest warrant against Vladimir Putin on 17 March 2023 by the Second Pre-Trial Chamber of the International Criminal Court (ICC) has caused a stir. Although the institution is far from immune from criticism (it has long been accused of being "strong with the weak and weak with the strong"), this is a major change in the Court's policy as it is the first warrant ever issued against the sitting leader of a permanent member of the UN Security Council; a member who, moreover, in a chilling irony of history, played a key role in the Nuremberg Trial. In some respects, this is a gamble, given the many obstacles that stand between this historic event and a possible conviction of Vladimir Putin. But this arrest warrant is also a way to put the ICC back in the centre of the game, even though until now it seems to have been largely denied the possibility of judging the main perpetrator of the war of aggression against Ukraine and its disastrous humanitarian consequences.
- Topic:
- International Law, War Crimes, International Criminal Court (ICC), Vladimir Putin, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine
3. WOULD AN ARMED HUMANITARIAN INTERVENTION IN HAITI BE LEGAL—AND COULD IT SUCCEED?
- Author:
- Alexandra Byrne, Zoha Siddiqui, and Kelebogile Zvobgo
- Publication Date:
- 02-2023
- Content Type:
- Commentary and Analysis
- Institution:
- Political Violence @ A Glance
- Abstract:
- Haitian officials and world leaders are calling for an armed humanitarian intervention backed by the United Nations (UN) to defeat organized crime. Gangs in Haiti have reportedly kidnapped and killed hundreds of civilians and displaced thousands. Gangs are also limiting access to fuel and blocking critical humanitarian aid to civilians. Add to this a resurgence of cholera. The United States asked the UN Security Council in October to approve a targeted intervention, under Chapter VII of the UN Charter. US Ambassador to the United Nations Linda Thomas-Greenfield underscored “extreme violence and instability” in Haiti and proposed a mission led by a “partner country” (not the United States or UN peacekeeping forces). There is nominal support for the mission. In the coming weeks, Canada will send naval vessels to Haiti’s coast, and Jamaica has offered some troops, but no country is taking the lead. Critics argue that past missions in Haiti did more harm than good. In 2010, UN peacekeepers even reintroduced cholera into Haiti. Nonetheless, the United States is pushing for an intervention.
- Topic:
- International Law, United Nations, Peacekeeping, and Humanitarian Intervention
- Political Geography:
- Caribbean, Haiti, and United States of America
4. International Law and Palestine featuring George Bisharat
- Author:
- George E. Bisharat
- Publication Date:
- 03-2023
- Content Type:
- Video
- Institution:
- Center for Security, Race and Rights (CSRR), Rutgers University School of Law
- Abstract:
- Law is where power announces its victories. In other words, law generally, and international law in particular, have little independent potency to shape social and political realities. That principle is well-demonstrated in the case of Israel/Palestine, where law has exercised little impact on the ground, other than to legitimate Israel’s domination and dispossession of the Palestinians among certain audiences. Can that dynamic be altered, such that Palestinian rights can be vindicated by law? Possibly, by treating international law as one kind of discourse that is persuasive in certain contexts and in certain fora, from which Palestinian voices cannot afford to be absent. It follows, however, that legal discourse is not a substitute for other forms of struggle, and is likely capable of no more than a subordinate role in a broader movement for Palestinian rights.
- Topic:
- Human Rights, International Law, and Justice
- Political Geography:
- Middle East, Israel, and Palestine
5. The Trajectory of International Relations Dissertations in Turkish Academia Between 2000 and 2020
- Author:
- Özge Özkoç and Çağlayan. Pınar
- Publication Date:
- 01-2023
- Content Type:
- Journal Article
- Journal:
- All Azimuth: A Journal of Foreign Policy and Peace
- Institution:
- Center for Foreign Policy and Peace Research
- Abstract:
- Dissertations are among the most important elements of academic production, along with scientific research articles and books. They not only reveal an academic’s field of research, but also provide clues as to what research methods and tools scholars will employ in postdoctoral studies. Moreover, and crucial to this paper, they are important indicators of the trajectory of research fields, as well as their general roles in the academic world. This study aims to reveal general trends/indicators in Turkish International Relations (hereafter IR) dissertations through an analysis of IR dissertations written in various Turkish universities between 2000 and 2020. There is a rather widespread claim among IR academics in Turkey that this particular community largely contributes to the Western-oriented discipline of IR as local or regional experts, dealing mainly with Turkish foreign policy and regional problems rather than with theoretical concerns in IR. A further aim of this study is to test whether this claim remains valid with the analysis of recent IR dissertations produced in Turkish universities.
- Topic:
- International Relations, Diplomacy, International Law, Academia, and Dissertations
- Political Geography:
- Turkey and Middle East
6. Syria returns to the Arab League
- Author:
- Sara Nowacka
- Publication Date:
- 05-2023
- Content Type:
- Working Paper
- Institution:
- The Polish Institute of International Affairs
- Abstract:
- The decision to restore Syria’s membership in the Arab League (AL) is aimed at Arab states gaining greater control over the situation in the region and reducing external influence, including that of the West. Although the AL imposed a number of obligations on Syrian leader Bashar al-Assad, such as holding elections, it is doubtful whether the League can enforce them. The organisation’s decision to normalise relations with Syria will be used to undermine the effectiveness of the sanctions in counteracting violations of international law, also in the context of the Russian aggression against Ukraine.
- Topic:
- International Law, Sanctions, Syrian War, Normalization, Bashar al-Assad, Arab League, and Russia-Ukraine War
- Political Geography:
- Arab Countries and Syria
7. Climate Protection Litigation on the Rise
- Author:
- Szymon Zaręba
- Publication Date:
- 02-2023
- Content Type:
- Working Paper
- Institution:
- The Polish Institute of International Affairs
- Abstract:
- In the last several years, national courts and international institutions have increasingly begun to treat conservative or climate-adverse actions by states as violations of their obligations under international law and human rights. This has been followed by some countries more affected by climate change and engaged in international bodies to put more pressure on Global North states to protect the climate. The sympathetic attitude of international courts towards such complaints may, in the long term, force the need for increased climate ambition or even compensation payments by, among others, Poland.
- Topic:
- Climate Change, Human Rights, International Law, Courts, and Litigation
- Political Geography:
- Europe, Poland, and Global Focus
8. Dogmatik and International Criminal Law: Approximations in the Realm of ‘Language’ and ‘Grammar’
- Author:
- Morten Boe
- Publication Date:
- 08-2023
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Starting from the assertion of George Fletcher that there could never be an effective International Criminal Law (ICL) without a corresponding ICL Dogmatik – understood as a supporting culture of ideas and general principles – the article attempts to retrace and critically assess the connection made between the domestic concept and the international realm; to give a first approximation of what ‘ICL Dogmatik’ is supposed to mean. While not being definable in a conclusive way, Dogmatik – as understood in the German legal system – represents a specific habitus and mindset when approaching law, providing for an autonomous legal discourse fueled by the aspiration of a coherent normative system based on argumentative rationality and close cooperation of legal scholarship and legal practice. The article argues that, while the term Dogmatik is a specific cultural expression, the substance of the concept more generally refers to and echoes universal challenges of law and legal scholarship. The urge for an ICL Dogmatik should therefore not be (mis-)understood to argue for an authoritative rule of scholars or the adoption of German legal theories on the international level. Instead, the statement enunciates the necessity to establish ICL as an autonomous normative framework of concepts and terms. Dogmatik merely stands for an abstract vision, which may help to organize legal thinking in ICL, to structure and systemize the field, and most importantly to raise awareness for the necessity to develop a shared and coherent (legal) language, which enables productive discourse between all legal families.
- Topic:
- International Law and International Criminal Law (ICL)
- Political Geography:
- Global Focus
9. The Settlement of EEZ Fisheries Access Disputes under UNCLOS: Limitations to Jurisdiction and Compulsory Conciliation
- Author:
- Valentin J. Schatz
- Publication Date:
- 08-2023
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- This article revisits the scope of the limitation to jurisdiction ratione materiae under Article 297(3) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in the context of Exclusive Economic Zone (EEZ) fisheries access disputes in the light of recent jurisprudence of UNCLOS tribunals. It first provides an overview over general aspects of Article 297(3) of UNCLOS in the compulsory dispute settlement mechanism of Section 2 of Part XV of UNCLOS. Next, it briefly considers the relationship between Article 297(3) and Article 297(1) of UNCLOS in order to clarify the former limitation’s role in the complex internal logic of Article 297 of UNCLOS. Thereafter, this article addresses the sometimes-overlooked function of Article 297(3) of UNCLOS as a confirmation of jurisdiction with respect to fisheries disputes that are not related to the EEZ. It then analyzes the scope of the limitation to jurisdiction ratione materiae of Article 297(3) of UNCLOS in the context of fisheries access disputes. Next, this article examines the potential and limits of the compulsory conciliation procedure under Article 297(3)(b) and Annex V of UNCLOS with a focus on the scope of the procedural mandate and subject-matter competence of such conciliation commissions.
- Topic:
- Economics, International Law, and Fishing
- Political Geography:
- Global Focus
10. Compulsory Settlement of EEZ Fisheries Enforcement Disputes under UNCLOS: “Swallowing the Rule” or “Balancing the Equation”?
- Author:
- Camille Goodman
- Publication Date:
- 08-2023
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- While there is a widely held view that disputes concerning fisheries in the exclusive economic zone (EEZ) are largely exempt from the compulsory jurisdiction of courts and tribunals as a result of far-reaching exceptions in Part XV of the 1982 United Nations Convention on the Law of the Sea (LOSC), this is not the case for all EEZ fisheries disputes. This article examines the specific question of disputes concerning the enforcement of fisheries laws and regulations in the EEZ, and considers how the Part XV framework has been – or could be – used and interpreted for the compulsory settlement of EEZ fisheries enforcement disputes. It examines the obligation of prompt release established in Article 292, the option to exclude compulsory jurisdiction with respect to law enforcement activities concerning EEZ fisheries by written declaration under Article 298(1)(b), and the opportunity to bring disputes concerning EEZ fisheries enforcement within the scope of compulsory jurisdiction under Article 297(1) by characterising them as relating to the freedom of navigation or the protection and preservation of the marine environment. Framing its enquiry by reference to the question posed in this special issue, the article argues that, rather than “swallowing the rule” of compulsory jurisdiction, the jurisdictional scheme established for EEZ fisheries enforcement disputes helps to “balance the equation” and support the effectiveness of Part XV in protecting the compromises that are embodied in the LOSC.
- Topic:
- International Law, Territorial Disputes, Fishing, and Jurisdiction
- Political Geography:
- Global Focus