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39151. The Economics of Egypt's Rising Authoritarian Order

Author:
Amr Adly
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Egypt's economy is in crisis as the new military-backed regime seeks to reestablish its authority. Fiscal restructuring and austerity measures are necessary to spur economic recovery, but they may be politically difficult to pass at this time. The new regime, therefore, will have to broaden its base and forge a more inclusive coalition of supporters in order to stabilize Egypt, retain power, and restore economic growth.
Topic:
Security and Economics
Political Geography:
Middle East and Egypt

39152. Balancing Without Containment: An American Strategy for Managing China

Author:
Ashley J. Tellis
Publication Date:
01-2014
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
China is poised to become a major strategic rival to the United States. Whether or not Beijing intends to challenge Washington's primacy, its economic boom and growing national ambitions make competition inevitable. And as China rises, American power will diminish in relative terms, threatening the foundations of the U.S.-backed global order that has engendered unprecedented prosperity worldwide. To avoid this costly outcome, Washington needs a novel strategy to balance China without containing it.
Topic:
Foreign Policy, Economics, and Military Strategy
Political Geography:
United States, China, America, Washington, and Asia

39153. Closing Space: Democracy and Human Rights Support Under Fire

Author:
Thomas Carothers and Saskia Brechenmacher
Publication Date:
02-2014
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
AFTER SEEING ITS REACH INCREASE FOR DECADES, international support for democracy and human rights faces a serious challenge: more and more governments are erecting legal and logistical barriers to democracy and rights programs, publicly vilifying international aid groups and their local partners, and harassing such groups or expelling them altogether. Despite the significant implications of the pushback, the roots and full scope of the phenomenon remain poorly understood and responses to it are often weak.
Topic:
Civil Society, Democratization, Diplomacy, Human Rights, and Human Welfare

39154. Understanding the Bergdahl Prisoner Exchange

Author:
Mieke Eoyang and Ben Freeman
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Carnegie Endowment for International Peace
Abstract:
Over Memorial Day weekend, President Obama announced that Sgt. Bowe Bergdahl, the longest-held American captive in the Afghanistan conflict, had been released in exchange for five Taliban detainees in Guantanamo Bay. While the initial response to Bergdahl's release was positive, the deal quickly came under fire from the Right, including some who previously had advocated for his release.
Topic:
Foreign Policy, Human Rights, and Terrorism
Political Geography:
Afghanistan and North America

39155. Making the Case: The President's Budget is a Step in the Right Direction

Author:
Mieke Eoyang and Ben Freeman
Publication Date:
03-2014
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
The President's proposed defense budget has been criticized for shrinking the military at a time when the world is getting more dangerous. This argument is simply wrong. In fact, the President's budget strengthens American security by: Providing more military funding than Ronald Reagan ever did. Investing in 21st century weapons, not Cold War relics. Cutting the Pentagon bureaucracy.
Topic:
Foreign Policy, Military Strategy, and Budget
Political Geography:
America and North America

39156. Iraq's Jihadi Jack-in-the-Box

Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
The jihadi surge is the tragic, violent outcome of steadily deteriorating political dynamics. Instead of a rash military intervention and unconditional support for the Iraqi government, pressure is needed to reverse sectarian polarisation and a disastrous record of governance.
Topic:
Terrorism, Armed Struggle, Insurgency, Governance, and Reform
Political Geography:
Iraq and Middle East

39157. Limiting Armed Drone Proliferation

Author:
Micah Zenko and Sarah Kreps
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
The use of unmanned aerial systems—commonly referred to as drones—over the past decade has revolutionized how the United States uses military force. As the technology has evolved from surveillance aircraft to an armed platform, drones have been used for a wide range of military missions: the United States has successfully and legitimately used armed drones to conduct hundreds of counterterrorism operations in battlefield zones, including Afghanistan, Iraq, and Libya. It has also used armed drones in non-battlefield settings, specifically in Pakistan, Yemen, Somalia, and the Philippines. Collectively, these strikes have eliminated a number of suspected terrorists and militants from Asia to Africa at no cost in terms of U.S. casualties, an advantage of drones over manned platforms that has made them attractive to many other states. However, non-battlefield strikes have drawn criticism, particularly those conducted under the assertion that they are acts of self-defense.
Topic:
Arms Control and Proliferation and Military Strategy
Political Geography:
Pakistan, Afghanistan, United States, Iraq, and Asia

39158. The Transatlantic Trade and Investment Partnership: A critical perspective

Author:
Rainer Geiger
Publication Date:
04-2014
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
Launched in July 2013 by the European Union and the United States, the Transatlantic Trade and Investment Partnership (TTIP) represents an important effort to reach a comprehensive economic agreement between two major trading partners. As has been pointed out, the project offers great opportunities for liberalizing trade and investment and regulatory convergence. Its level of ambition implies high risks, but despite negotiators' initial optimism, its success is far from certain.
Topic:
Economics, International Trade and Finance, Treaties and Agreements, and Foreign Direct Investment
Political Geography:
United States and Europe

39159. Perspectives on topical foreign direct investment issues

Author:
John Gaffney and James Nicholson
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
In their contribution to the FDI Perspectives series, Baiju Vasani and Anastasiya Ugale drew attention to an emerging trend in favor of the so-called "costs follow the event" (CFtE) (or loser pays) approach, which is in contrast to the more "traditional" approach under which parties share the costs of arbitration equally, with each party covering its own legal fees.
Topic:
Economics, International Trade and Finance, and Foreign Direct Investment

39160. With the Peace Process on Hold, Washington Still Faces Key Israeli-Palestinian Tests

Author:
Robert Satloff
Publication Date:
05-2014
Content Type:
Working Paper
Institution:
The Washington Institute for Near East Policy
Abstract:
In the coming days, the Obama administration faces key decisions on how to respond to a Palestinian government "backed by Hamas," whether to condone Hamas participation in Palestinian elections, and what strategy to adopt in response to another effort by Palestinians to enhance their status in the UN.
Topic:
Armed Struggle and Territorial Disputes
Political Geography:
Middle East, Israel, Palestine, and United Nations

39161. Jordan and the Syria Crisis: Mitigating the 'Known Unknowns'

Author:
Andrew J. Tabler
Publication Date:
05-2014
Content Type:
Working Paper
Institution:
The Washington Institute for Near East Policy
Abstract:
As extremists continue to move into southern Syria, growing security and humanitarian problems may soon outstrip Jordan's ability to handle spillover from the war.
Topic:
Human Rights, Terrorism, and Armed Struggle
Political Geography:
Middle East and Syria

39162. Iran's Afghan Shiite Fighters in Syria

Author:
Phillip Smyth
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
The Washington Institute for Near East Policy
Abstract:
Afghan Shiite militants have been fighting on the Assad regime's side for some time, and the scope and strategic purpose of Iran's involvement is becoming increasingly clear.
Topic:
Security, Terrorism, and Armed Struggle
Political Geography:
Afghanistan, Iran, and Middle East

39163. Expanding Access to Economic Opportunity in Fast-Growth Metropolitan Areas

Author:
Rolf Pendall and Margery Austin Turner
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
Urban Institute
Abstract:
Many community development initiatives traditionally funded by foundations and the federal government evolved to respond to the economic conditions and barriers facing communities in big cities of the northeast and midwest. But conditions are dramatically different in Houston and other fast-growing metros like it. Neighborhood Centers, Inc. is developing and testing strategies for connecting underserved people to opportunities that reflect the realities of Houston's geography, demographics, and economy. This paper is intended to start a discussion about how these strategies differ from more traditional place-based antipoverty strategies, and how similar approaches may suit other metros like Houston.
Topic:
Economics, Human Welfare, Governance, and Reform

39164. Children of Immigrants: 2011 State Trends Update

Author:
Devlin Hanson and Margaret Simms
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
Urban Institute
Abstract:
This brief updates Perspectives on Low - Income Working Families brief 9, " Children of Immigrants: National and State Characteristics" (Fortuny et al. 2009) and Perspectives on Low - Income Working Families brief 17,"Children of Immigrants: 2008 State Trends Update "(Fortuny 2010) . This brief presents da ta highlights from the 2010 and 2011 American Community Surveys. The statistics presented in this brief and others can be accessed through the Children of Immigrants Data Tool web site. Also, interactive maps showing these statistics over time and across states can be found at the Children of Immigrants Interactive Map website.
Topic:
Economics, Human Welfare, and Immigration
Political Geography:
North America

39165. Local Government Discretion and Accountability in Sierra Leone

Author:
Benjamin Edwards, Serdar Yilmaz, and Jameson Boex
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Urban Institute
Abstract:
Sierra Leone is a small West African country with approximately 6 million people. Since 2002, the nation has made great progress in recovering from a decade-long civil war, in part due to consistent and widespread support for decentralization and equitable service delivery. Three rounds of peaceful elections have strengthened democratic norms, but more work is needed to cement decentralization reforms and strengthen local governments. This paper examines decentralization progress to date and suggests several next steps the government of Sierra Leone can take to overcome the remaining hurdles to full implementation of decentralization and improved local public service delivery.
Topic:
Human Welfare and Reform
Political Geography:
Africa

39166. Immigration and the Changing Landscape for Local Service Delivery Demographic Shifts in Cities and Neighborhoods

Author:
Julia Gelatt, Gina Adams, and William Monson
Publication Date:
03-2014
Content Type:
Policy Brief
Institution:
Urban Institute
Abstract:
As immigration has risen over the past 40 years, many communities across the United States have been changed in some way by their immigrant populations .Immigrants make up growing shares of business owners, workers, and parents across many cities and rural areas, while children of immigrants make up growing shares of school populations. Some communities have been experiencing high levels of immigration for decades and others are facing new influxes of immigrant communities. In many communities, the mix of national origins of immigrants has been shifting.
Topic:
Demographics, Human Welfare, and Immigration
Political Geography:
United States and North America

39167. Hamas Opts for the Hezbollah Model

Author:
Ehud Yaari
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Hamas seems intent on using Hezbollah's "bullets plus ballots" approach to gain a military and political foothold in the West Bank, the PA, and the PLO.
Topic:
Terrorism, Military Strategy, and Armed Struggle
Political Geography:
Middle East

39168. Mosul Security Crisis: A Chance to Break Iraq's Political Logjam

Author:
Michael Knights
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
The loss of government control in a major city may be just the wakeup call Iraqi politicians need to embrace a more ambitious reconciliation agenda.
Topic:
Security, Terrorism, Military Strategy, Armed Struggle, Governance, and Sectarianism
Political Geography:
Iraq and Middle East

39169. Lebanon Unstable and Insecure

Author:
David Schenker
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Military coordination with Hezbollah may be providing a quick fix, but the country's long-term strength can only be achieved with a reconstituted March 14 coalition.
Topic:
Terrorism, Military Strategy, Armed Struggle, and Governance
Political Geography:
Middle East and Lebanon

39170. The Return of Sunni Foreign Fighters in Iraq

Author:
Aaron Y. Zelin
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
The Mosul crisis highlights how ISIS has established a potent cadre of foreign jihadists who freely operate across the rapidly disappearing Iraq-Syria border.
Topic:
Islam, Terrorism, and Armed Struggle
Political Geography:
Iraq, Middle East, and Syria

39171. Iranian Proxies Step Up Their Role in Iraq

Author:
Phillip Smyth
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Iran's proxy groups have been working closely with Iraqi government forces for some time and will likely become more important to Baghdad in light of recent events.
Topic:
Islam, Terrorism, Armed Struggle, and Sectarian violence
Political Geography:
Iraq, Iran, and Middle East

39172. Background on the 'Possible Military Dimensions' of Iran's Nuclear Program

Author:
Nima Gerami
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Iran's compartmented nuclear program and fears of sabotage have complicated efforts to address IAEA concerns about the program's suspected military side.
Topic:
Nuclear Weapons, Treaties and Agreements, and Nuclear Power
Political Geography:
Iraq, Iran, and Middle East

39173. Eye on the Ball Amid Qatar-FIFA Corruption Charges

Author:
Lori Plotkin Boghardt
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Washington should use the State Department's upcoming annual "Trafficking in Persons" report to amplify international calls for strategic Persian Gulf partners to reform their expatriate labor practices.
Topic:
Foreign Policy, Human Rights, and Labor Issues
Political Geography:
Washington

39174. Israelis Kidnapped in the West Bank: Implications

Author:
Neri Zilber
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
If U.S. policy was to "wait and see" how the Hamas-approved Palestinian reconciliation process would unfold in practice, the test is now.
Topic:
Foreign Policy, Terrorism, Treaties and Agreements, and Territorial Disputes
Political Geography:
Middle East, Israel, Palestine, and North America

39175. Building a Base for Iraq's Counteroffensive: The Role of U.S. Security Cooperation

Author:
Michael Knights
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Encouraging signs have emerged that the collapse of federal government control in Iraq may have slowed and that Baghdad is beginning the transition to counteroffensive operations to regain ground. Massive mobilization of largely Shiite volunteers has given Baghdad an untrained but motivated "reserve army" that can be used to swamp cross-sectarian areas around the Iraqi capital. All available formed military units have been pulled out of reserve and brought toward Baghdad to defend the capital. In this effort, all Department of Border Enforcement units have been relocated from the country's borders, and Iraqi army and Federal Police units have been redeployed from southern Iraq. Isolated federal government units are scattered across northern Iraq, in some cases hanging on against Sunni militants with the support of adjacent Kurdish forces.
Topic:
Foreign Policy, Terrorism, Armed Struggle, Sectarianism, Law Enforcement, and Sectarian violence
Political Geography:
United States, Iraq, and Middle East

39176. ISIS, Iraq, and the War in Syria: Military Outlook

Author:
Jeffrey White
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Events on the battlefield will reveal the true effects of the crisis, but the ISIS campaign in Iraq could ultimately help the Syrian opposition and hurt the Assad regime.
Topic:
Terrorism, Armed Struggle, and Sectarian violence
Political Geography:
Iraq, Middle East, and Syria

39177. The Political Origins of the Africa's Economic Revival

Author:
Robert H. Bates and Steven Block
Publication Date:
04-2014
Content Type:
Working Paper
Institution:
Weatherhead Center for International Affairs, Harvard University
Abstract:
Writing in the 1990's, William Easterly and Ross Levine famously labeled Africa a "growth tragedy." Less than twenty years later, Alwyn Young noted Africa's "growth miracle," while Steven Radelet less effusively pointed to an Africa that was"emerging" and noted its rising rate of economic growth, improving levels of education and health care, and increasing levels of investment in basic infrastructure: roads, ports, and transport. In this paper, we address Africa's economic revival. In doing so, we also stress the political changes that have taken place on the continent. Once notorious for its tyrants – Jean – Bedel Bokassa, Idi Amin, and Mobutu Sese Seko, to name but three – in the 1990s, Africa joined the last wave of democratization; self-appointed heads of state were replaced by rulers chosen in competitive elections. In this paper, we assert that the two sets of changes – the one economic and the other political – go together, and that, indeed, changes in Africa political institutions lent significant impetus to its economic revival.
Topic:
Development, Economics, and Reform
Political Geography:
Africa

39178. How to enhance labor provisions in IIAs,

Author:
Rafael Tamayo-Álvarez, Maria Alejandra Gonzalez-Perez, and Juan David Rodriguez-Rios
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
Free trade agreements (FTAs) and international investment agreements (IIAs) are regarded as instruments to promote world trade, investment flows and market liberalization. The question, however, is whether they promote sustainable development as well. This Perspective contemplates incorporating voluntary codes of conduct for multinational enterprises (MNEs) in IIAs to strengthen the protection of labor rights, "the social component [...] embedded in the notion of sustainable development."
Topic:
Economics, International Cooperation, International Trade and Finance, and Labor Issues

39179. Education Reform in Pakistan

Publication Date:
06-2014
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
In April 2010, the eighteenth constitutional amendment committed Pakistan to free and compulsory education for all children between the ages of five and sixteen. Yet, millions are still out of school, and the education system remains alarmingly impoverished. The madrasa (religious school) sector flourishes, with no meaningful efforts made to regulate the seminaries, many of which propagate religious and sectarian hatred. Militant violence and natural disasters have exacerbated the dismal state of education. Earthquakes and floods have destroyed school buildings in Balochistan, Sindh, Khyber Pakhtunkhwa (KPK) and Punjab, disrupting the education of hundreds of thousands of children. Militant jihadi groups have destroyed buildings, closed girls' schools and terrorised parents into keeping daughters at home; their attacks made global headlines with the shooting of schoolgirl and education activist Malala Yousafzai in October 2012. The public education system needs to foster a tolerant citizenry, capable of competing in the labour market and supportive of democratic norms within the country and peace with the outside world.
Topic:
Education, Islam, Terrorism, and Reform
Political Geography:
Pakistan and Asia

39180. Protecting China's Overseas Interests: The Slow Shift away from Non-interference

Author:
Mathieu Duchâtel, Oliver Bräuner, and Zhou Hang
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Stockholm International Peace Research Institute
Abstract:
Chinese foreign policy is slowly shifting away from a strict interpretation of non-interference, towards a pragmatic and incremental adaptation to new challenges to China's globalizing economic and security interests. Although there has always been a degree of flexibility in Chinese foreign policy regarding non-interference, even during the Maoist period, the principle has by and large remained a key guideline for diplomatic work and a major rhetorical tool.
Topic:
Foreign Policy and Governance
Political Geography:
China and Asia

39181. Women's Political Participation In Sub-Saharan Africa

Author:
Aili Mari Tripp
Publication Date:
05-2014
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
One of the most interesting developments in African politics since the mid- 1990s has been the increase in women's political participation. Women are becoming more politically engaged and seeking representation at all levels, from local government to legislatures and even executive office. To state the obvious, access to political power is important to groups that have historically been excluded from formal and informal politics because it means being able to have control over basic decisions affecting one's life in areas including health, education, and access to land and resources, among many others. Many women seek power to affect how justly resources are divided in society and how equitably policy decisions are made.
Topic:
Human Rights and Political Activism
Political Geography:
Africa

39182. The International Society for Public Law - Call for Papers and Panels; Van Gend en Loos - 50th Anniversary; Vital Statistics; Roll of Honour; Quantitative Empirical International Legal Scholarship; In this Issue

Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
On 26–28 June 2014, in Florence, the European University Institute and NYU–La Pietra will host the Inaugural Conference of the newly established International Society of Public Law (ICON.S).
Political Geography:
Europe

39183. The End of Geography: The Changing Nature of the International System and the Challenge to International Law

Author:
Daniel Bethlehem
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This lecture, inaugurating a lecture series in honour of Sir Elihu Lauterpacht, looks at the changing place of geography in the international system and the challenges that this poses to international law, from the central place of geography in the Westphalian legal order to its less certain place in the rapidly globalizing and diffuse international society of the present day. Examining these issues through the contrasting prisms of the principal political organs of the United Nations in New York, on the one hand, and the UN Specialized Agencies centred in Geneva, on the other, the lecture also explores these issues by reference to Thomas Friedman's thesis that The World Is Flat. The lecture concludes by identifying a number of areas of international law, and the international legal system, that will require creative thinking in the period to come to reflect the diminishing importance of geography.
Topic:
International Law
Political Geography:
New York

39184. The End of Geography: The Changing Nature of the International System and the Challenge to International Law: A Reply to Daniel Bethlehem

Author:
David S. Koller
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This article responds to Daniel Bethlehem's assertions that globalization is diminishing the importance of geography, and thereby challenging the Westphalian order on which international law is constructed. It contends that international law does not take geography as it is but actively creates and sustains a state-based geography. It argues that the challenges Bethlehem identifies are not new but are inherent in international law's efforts to impose a state-based order on a global world. The question is not whether international lawyers will respond to these challenges, but how they will respond. Will they follow Bethlehem in reinforcing a statist order, or will they place sovereignty of states in the service of the global human community?
Topic:
Globalization and International Law
Political Geography:
New York and Europe

39185. The Ever-Ending Geography of International Law: The Changing Nature of the International System and the Challenge to International Law: A Reply to Daniel Bethlehem

Author:
Carl Landauer
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Daniel Bethlehem makes a convincing case in 'The End of Geography' that the growing challenges of our contemporary world require a move from our state-centred international legal system. This reply places Bethlehem's voice among a growing list of those who either describe or prescribe a move from the traditional Westphalian state system. It argues, however, that the challenges have always been transboundary and that the Westphalian state system has never been as strong or as long-lived as envisaged by its critics.
Topic:
International Law
Political Geography:
New York and Europe

39186. A Constant Craving for Fresh Brains and a Taste for Decaffeinated Neighbours

Author:
Maria Artistodemou
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This article is a radical rethinking of public international law through the use of Lacanian psychoanalysis. Its central thesis is that while contemporary scholarship addresses what Lacan calls the symbolic and imaginary registers including law, politics, and ideology, it continues to ignore and repress the dimension of the real. The article illustrates this with a clinical example examined by Kris and discussed by Lacan. Imagining public international law as an indefatigable neurotic in search of 'fresh brains', the article shows why meeting her in the domains of law and politics is not enough to satiate her appetite. What continues to resist is the 'extimate', the inhuman element within the human that the subject hides so well from herself that it is excluded in the interior. A major instance of the extimate is the 'caffeinated neighbour', that is, the neighbour who is not in our image because her disturbing core has not been subtracted. The article argues that unless international law comes to terms with this inevitably ugly and obscene core, in oneself as well as in the neighbour, it cannot hope to achieve any meaningful changes. That the need to recognize the extimate is the ethical demand facing international law now; unless we address it, our symptoms will continue to grow and we will continue to crave fresh brains.
Topic:
International Law
Political Geography:
New York

39187. The Beneficiaries of TRIPs: Some Questions of Rights, Ressortissants and International Locus Standi

Author:
Christopher Wadlow
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
The rights and remedies of private parties under the three principal global treaties for the protection of intellectual property are restricted to persons having the status of ressortissants under the relevant treaty, and by the general law of diplomatic protection. Two largely neglected issues arise in relation to ressortissants, which the treaties do not expressly resolve. The first concerns whether the obligations which state A assumes towards the nationals of state B can be enforced by states other than B. The second is whether the obligations assumed by a state under one of these treaties extend to that state's own nationals. It is suggested that the Bananas III and Havana Club decisions have effectively resulted in unlimited locus standi for WTO members to complain of breaches of TRIPs, including the incorporated provisions of the Paris and Berne conventions. The answer to the second question is more tentative, but it is suggested that there may be greater opportunities for arguing that the provisions of TRIPs are binding on states in relation to their own nationals, including incorporated Paris and Berne Articles, than there were under either of those earlier treaties on their own.
Topic:
International Law
Political Geography:
Europe and Paris

39188. Revisiting Van Gend en Loos: A Joint Symposium with the International Journal of Constitutional Law (I.CON)

Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Fifty years have passed since the European Court of Justice gave what is arguably its most consequential decision: Van Gend en Loos. The UMR de droit comparé de Paris, the European Journal of International Law (EJIL), and the International Journal of Constitutional Law (I.CON) decided to mark this anniversary with a workshop on the case and the myriad of issues surrounding it. In orientation our purpose was not to 'celebrate' Van Gend en Loos, but to revisit the case critically; to problematize it; to look at its distinct bright side but also at the dark side of the moon; to examine its underlying assumptions and implications and to place it in a comparative context, using it as a yardstick to explore developments in other regions in the world. The result is a set of articles which both individually and as a whole demonstrate the legacy and the ongoing relevance of this landmark decision.
Topic:
Development
Political Geography:
Europe

39189. Van Gend en Loos: The Individual as Subject and Object and the Dilemma of European Legitimacy (Abstract only)

Author:
J.H.H. Weiler
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Fifty years have passed since the European Court of Justice gave what is arguably its most consequential decision: Van Gend en Loos. The UMR de droit comparé de Paris, the European Journal of International Law (EJIL), and the International Journal of Constitutional Law (I•CON) decided to mark this anniversary with a workshop on the case and the myriad of issues surrounding it. In orientation our purpose was not to 'celebrate' Van Gend en Loos, but to revisit the case critically; to problematize it; to look at its distinct bright side but also at the dark side of the moon; to examine its underlying assumptions and implications and to place it in a comparative context, using it as a yardstick to explore developments in other regions in the world. The result is a set of articles which both individually and as a whole demonstrate the legacy and the ongoing relevance of this landmark decision.
Topic:
Development and Law
Political Geography:
Europe

39190. The Premises, Assumptions, and Implications of Van Gend en Loos: Viewed from the Perspectives of Democracy and Legitimacy of International Institutions

Author:
Eyal Benvenisti and George W. Downs
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
In its Van Gend en Loos judgment, the ECJ assigned citizens directly enforceable rights vis-à-vis their respective state executives, and authorized national courts to protect those rights. What explains the Court's suspicion of state executives as the sole actors to implement Community law (acting directly or through the Commission)? What justifies its confidence in the ability of the national courts to protect the individuals? We submit that the ECJ was informed by the premise that national courts acting in unison could withstand political pressures and protect individuals while implementing the Treaty. Moreover, the ECJ understood that its interaction with national courts would put it in a position potentially to offer significant support for citizens of relatively weaker countries against various predatory policies employed by the more powerful states in the organization. In this article we explore these premises and present evidence to support them. More generally, we argue that there is good reason to endorse this model of judicial activism as a means to ensure democracy as judged by the effective and informed participation of individuals in public decision-making that affects them – within international organizations. This judgment demonstrates the promise of greater interaction and coordination between national and international tribunals in preventing democratic failures at both the national and international levels. Although judicial intervention often pre-empts public deliberation, it can also encourage it; although it may operate to pre-empt the vote, it can also function to ensure it.
Topic:
International Organization
Political Geography:
Belgium and Netherlands

39191. What Van Gend en Loos Stands For (Abstract only)

Author:
Damian Chalmers and Luis Barroso
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This is the abstract only. The full article is published in Int J Constitutional Law (2014) 12 (1): 105–134 doi:10.1093/icon/mou003 Three transformational developments flowed from Van Gend en Loos: the central symbols and ideals of EU law; an autonomous legal order with more power than traditional treaties; and a system of individual rights and duties. The judgment also set out how each of these developments was to be deployed. The symbols and ideals were set out to proclaim EU authority rather than to go to what the EU did. What the EU did was, above all, government through law. The EU legal order was conceived, above all, therefore, as a vehicle for the expression of EU government. This, in turn, shaped the allocation of individual rights which were predominantly granted only where they furthered the realization of the collective objectives of EU government. Conceiving EU law as governmental law also left a profound and negative effect on EU legal meaning. This became shaped by EU law being reduced to something to sustain activities valued by EU government rather than to provide a wider, more emancipatory imaginary.
Topic:
Development and Government
Political Geography:
Europe

39192. The Duality of Direct Effect of International Law

Author:
André Nollkaemper
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This article assesses how, 50 years after the ECJ delivered its judgment in Van Gend en Loos (VGL), the doctrine of direct effect of international law has fared outside the European Union. While obviously the core of VGL (that is, that it is EU law, not national law, which requires direct effect) is not replicated anywhere else in the world, the courts of a considerable number of states have been able to give direct effect to international law. Against the background of an exceedingly heterogeneous practice, this article argues that the concept of direct effect is characterized by a fundamental duality. Direct effect may function as a powerful sword that courts can use to pierce the boundary of the national legal order and protect individual rights where national law falls short. But more often than not, the conditions of direct effect legitimize the non-application of international law and shield the national legal order from international law. International law provides support for both functions. But above all, it defers the choice between these functions to national courts. The practice of direct effect of international law exposes how national courts play a critical political function at the intersection of legal orders.
Topic:
International Law
Political Geography:
Europe

39193. Revolutionizing European Law: A History of the Van Gend en Loos Judgment (Abstract only)

Author:
Morten Rasmussen
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This is the abstract only. The full article is published in Int J Constitutional Law (2014) 12 (1): 136–163 doi:10.1093/icon/mou006 Did the famous Van Gend en Loos judgment constitute a breakthrough for a constitutional practise in European law or was it merely drawing the logical legal consequences of earlier case law and of the Treaties of Rome? Based on comprehensive archival studies, this article argues that neither earlier case law nor the Treaties of Rome can fully account for the judgment. Instead, Van Gend en Loos represented a genuine revolution in European law. Prompted by the legal service of the European Commission, the European Court of Justice (ECJ) took a decisive step towards addressing two major problems of international public law, namely the lack of uniform application of European law by national courts across the six member states and the lack of primacy granted to international law in several member states. The judgment was based on a new teleological and constitutional understanding of the Treaties of Rome developed by the legal service, and took the first step towards establishing an alternative enforcement system. The ECJ would already in 1964 take the second step by introducing primacy in the Costa v. E.N.E.L. judgment. The new enforcement system remained highly fragile, however, due to the dependency on the cooperation of national courts through the preliminary reference system. As a result, the full effects of the Van Gend en Loos judgment were only felt after the Single European Act (1986) pushed reluctant national governments and courts to finally come to terms with the legal order the ECJ had developed.
Topic:
Government and Law
Political Geography:
Europe

39194. Direct Effect of International Agreements of the European Union

Author:
Francesca Martines
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
The Van Gend en Loos (VGL) decision established the conceptual premises of a crucial issue to shape the relationships between the European Union and international law: the function of direct effect as a powerful instrument to guarantee that the rules of one system are complied with in another legal order. However, if compared with direct effect of EU legal rules, the issue of the effects of EU international agreements is made more complicated by the combination of the more traditional question of the self-executing character of international agreement provisions and the narrow meaning of direct effect. The former issue, strongly affected by the technique of incorporation and the rank of international law obligations within the incorporating legal order, goes to the heart of the constitutional architecture of the EU legal order where a balance is to be found between the obligation to comply with international law and the integrity of the EU legal order. The latter notion concerns instead the relationship between the private person and the legal rule and defines the special character of the EU which distinguishes it from international law. Since such a quality of EU rules cannot be automatically applied to international law rules incorporated in the EU legal order it must be verified case by case. This is the reason why, for the present author, the double test approach, first applied by the ECJ in VGL, is the right test to determine direct effect of EU international agreements, but cannot be applied to verify the self-executing effect of international law in the traditional (broader) meaning.
Topic:
International Law
Political Geography:
Europe

39195. The Evolution of Direct Effect in the EU: Stocktaking, Problems, Projections (Abstract only)

Author:
Sophie Robin-Olivier
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Focusing on the case law developed by the Court of Justice of the European Union since Van Gend en Loos, this article contends that three important shifts occurred concerning the effects of EU law in national courts since that case was decided. First, the existence of a particular category of ('direct effect') EU norms, which implies a process of selection among EU law provisions, is no longer as problematic as the method of comparison and combination of norms in judicial reasoning that has become a vehicle for the penetration of EU law in courts. Second, the possibility for individuals to claim (subjective) rights on the basis of the Treaty is overshadowed by questions concerning obligations imposed by the Treaty on individuals, and more generally, on the methods through which this horizontal effect occurs. Third, the duty for national courts to apply EU law provisions directly (direct enforcement) is now coupled with one prior question that these courts have to address, and which has become much more sensitive than before in view of the growing centrality of fundamental rights' protection in the EU system: the question of the applicability of EU and national (constitutional) law. Having examined these three shifts, the article concludes that it has become urgent to reconsider the effects of EU law in member states in order to avoid a decline of individual rights and freedoms resulting from EU law enforcement. Thus, 'Revisiting Van Gend en Loos' leads to a reflection on the hypothesis, in which EU law should yield and national courts should be granted more discretion, when confronted with the resisting substance of national law (especially fundamental rights or freedoms protected by national constitutions).
Topic:
Law
Political Geography:
Europe

39196. Fostering Pro-social Behaviour Online: 'Nudges' in the Right Direction

Author:
Nadica Pavlovska
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
The internet penetration and the consequent creation of hyper-connected reality has exposed the Singaporean population to much more diversity of thoughts and influences. In this environment, efforts to maintain social cohesion and multicultural tolerance among the population is now even more challenging. In light of this, this paper attempts to explore the means available to maintain pro-social behaviour and build a culture of respect online. By assessing the current measures undertaken in Singapore, this paper argues that the majority of the strategies are “mind changing” such as education and awareness raising campaigns. However, by taking into account the specificity of the internet interaction, it is suggested that these strategies could be further enhanced by adopting a “context changing” approach in the online interaction by using specific behaviour influencers such as social norms, priming and messenger approach.
Topic:
Education, Science and Technology, Multiculturalism, and Reform
Political Geography:
Asia and Singapore

39197. Assessing the responses of the Chinese media and research community to the Ukrainian crisis

Author:
Chris Alden
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Assessments of the official Chinese reaction to the crisis in Ukraine have focused primarily on China's abstention in the vote on a UN Security Council resolution condemning Russian actions and, to a lesser degree, on the three-pronged Chinese proposal for addressing the crisis. However, by examining an array of Chinese sources, including media reports, editorials, and research think-tank publications, a number of viewpoints are presented that provide a better sense of the scope of Chinese thinking on the subject. These concentrate on the notion of Chinese neutrality, Western interference, the domestic sources of the Ukrainian crisis, and possible policy options available to Chinese decision-makers. Understanding these provides a more nuanced understanding of Chinese reactions to the Ukrainian crisis and its possible significance for China.
Topic:
Foreign Policy and Mass Media
Political Geography:
Russia, China, Ukraine, and Asia

39198. South Africa's response to the Ukrainian crisis

Author:
Elizabeth Sidiropoulos
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
South Africa did not join in the chorus of condemnation against Russia's annexation of the Crimea, instead adopting a position that in part mirrored language used by Russia to explain its actions, but in other ways reflected key principles of South African foreign policy. Together with its fellow BRICS members, South Africa opposed the imposition of sanctions and was critical of suggestions that Russia might be excluded from the G-20 Summit in Australia later in the year. Non-interference in the internal affairs of states and the inviolability of borders have been central organising principles of African affairs since decolonisation. South Africa's approach must be understood in the context of a desire to see the balance of forces change to reflect the rise of emerging powers. The West's unilateral actions since the end of the cold war have not sat well with the South African government. Civil society elements aligned to the ruling tripartite alliance have condemned what they perceive as Western propaganda against Russia and the West's involvement in stirring unrest in Maidan Square, Kiev. Furthermore, from a realpolitik perspective, South Africa accords its alliance with the BRICS states high priority. Yet, as a relatively small country, it is in South Africa's interests to encourage adherence to a set of global rules that are respected by all.
Topic:
Foreign Policy and Sovereignty
Political Geography:
Africa, Russia, Ukraine, and South Africa

39199. Bail-in Provisions in State Aid and Resolution Procedures: Are they consistent with systemic stability?

Author:
Stefano Micossi, Ginevra Bruzzone, and Miriam Cassella
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In July 2013, the European Commission adopted a new Banking Communication – the seventh since the start of the financial crisis – updating its criteria for the evaluation of state aid in the banking sector in response to the evolving economic and institutional environment. Under this Communication, any credit institution in need of recapitalisation or 'impaired asset' measures will be required, prior to any further action, to submit a plan for restructuring or the orderly winding down the bank. Moreover, whenever there is a capital shortfall, the Commission will require that, prior to any injection of public funds, not only shareholders – as has been the case so far – but also junior creditors write down or convert into equity their claims on the bank, regardless of whether the bank is under resolution, in order to minimise the need for state aid.
Topic:
Economics, International Trade and Finance, and Monetary Policy
Political Geography:
Europe

39200. IMF Lending Practices and Sovereign Debt Restructuring

Author:
Domenico Lombardi, James M. Boughton, and Skylar Brooks
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
The IMF has struggled for decades to develop a set of lending practices that enable sovereign borrowers to resolve serious debt problems and restore economic growth, but also respect the right of private financial markets to enter into and enforce contractual obligations. The challenge has always been to operate under a well-defined set of principles while dealing with each situation in a way that takes account of relevant circumstances. Recently, the international financial crisis that began in 2008 and the subsequent European sovereign debt crisis have raised this challenge to new heights. In providing €30 billion to Greece — the largest financial package ever granted to a single country — the IMF invoked greater discretion in its lending decisions to counteract potential "systemic" crises. By doing so, it entered a program without a restructuring agreement.
Topic:
Debt, Economics, International Trade and Finance, International Monetary Fund, and Reform