Topic: International Law - CIAO Search Results

1. 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

2. Violating the Temple Mount’s Legal Status? Where is the Violation?

Author:: Yifa Segal
Publication Date:: 02-2023
Content Type:: Working Paper
Institution:: Jerusalem Institute for Strategy and Security (JISS)
Abstract:: The recent visit to the Temple Mount by a government minister raises again the question of the legal status of the Mount, the content and circumstances of the status quo, and the legal questions of Israeli and international law regarding visits there by Jews.
Topic:: International Law, Religion, Territorial Disputes, and Discrimination
Political Geography:: Middle East, Israel, Palestine, and Jerusalem

3. 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

4. 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

5. 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

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

11. The Many Facets of EEZ Fisheries Disputes and their Resolution under UNCLOS

Author:: Natalie Klein
Publication Date:: 08-2023
Content Type:: Working Paper
Institution:: The Goettingen Journal of International Law
Abstract:: The core question being posed for this symposium was whether the ‘exception swallows the rule’ in relation to disputes concerning fishing in the exclusive economic zone (EEZ). This question emerges because of the starting point that disputes relating to the interpretation or application of the UN Convention on the Law of the Sea (UNCLOS)1 may be subject to compulsory procedures entailing binding decisions – arbitration or adjudication – at the request of a party to the Convention. However, while this ‘rule’ is the start, it is immediately important to point our that there are exceptions and limitations to this proposition; the grant of compulsory jurisdiction in UNCLOS is limited in significant ways.2 The ‘exception’ of concern to this symposium is set out in Article 297(3) of UNCLOS, which excludes fisheries disputes from adjudication or arbitration in the following situation: “the coastal State shall not be obliged to accept the submission to such settlement of any dispute relating to its sovereign rights with respect to the living resources in the exclusive economic zone or their exercise, including its discretionary powers for determining the allowable catch, its harvesting capacity, the allocation of surpluses to other States and the terms and conditions established in its conservation and management laws and regulations.“3 Pursuant to Article 298(1)(b), States also have the option to exclude ‘disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal’ under Article 297(3).4 The symposium papers that follow seek to improve our understanding of these exceptions to compulsory jurisdiction; do they swallow the ‘rule’ of compulsory jurisdiction? This introduction aims to explain the relevance of the exception (Part B), situate the papers that are part of the symposium (Part C) and indicate what has been jurisprudentially achieved despite the exception (Part D).
Topic:: International Law, Sovereignty, Fishing, and Disputes
Political Geography:: Global Focus

12. Pursuing justice for international crimes in Ukraine: A patchwork of multi-level and long-running efforts

Author:: Katja Creutz
Publication Date:: 06-2023
Content Type:: Policy Brief
Institution:: Finnish Institute of International Affairs
Abstract:: The Russian aggression against Ukraine has triggered debates and initiatives on how to address crimes under international law committed in and against Ukraine, including war crimes and the crime of aggression. A single institution capable of dealing with all international crimes is nonetheless lacking. Tens of thousands of alleged war crimes have been reported and documented, part of which the Ukrainian courts themselves are handling. The massive caseload requires international assistance, in addition to which the ICC is also investigating alleged war crimes. The international community is divided in regard to the investigation and prosecution of the crime of aggression. As the ICC lacks jurisdiction with respect to this crime in this particular situation, European states are advancing a special ad hoc tribunal. Nonetheless, the majority of countries globally, particularly in the Global South, find it hard to support the initiative. The discussion on the best way to proceed with regard to addressing the crime of aggression committed by Russia is ongoing. Many problematic issues are being debated, ranging from political desirability to the issue of head of state immunities.
Topic:: Human Rights, International Law, United Nations, War Crimes, and Russia-Ukraine War
Political Geography:: Russia, Ukraine, and Eastern Europe

13. Cities as global actors: Bringing governance closer to the people

Author:: Katja Creutz
Publication Date:: 02-2023
Content Type:: Policy Brief
Institution:: Finnish Institute of International Affairs
Abstract:: Globalization and extensive urbanization worldwide have brought cities to the forefront of global governance in a multilateral system designed and created for states. Cities have come to exercise power due in part to the inadequacy or ineffectiveness of inter-state action, but also because their democratic nature and immediate connection to the population make them legitimate actors. Cities are also home to many problems of a global nature, such as greenhouse gas emissions, pandemics, and sustainability. This makes them uniquely situated to address these challenges. City diplomacy has become a prevalent feature in many global policy issues, ranging from climate change to development cooperation. The primary tool through which cities act is networking, with hundreds of global city networks pursuing the interests and values of their constituencies. By demanding a seat at the table where global affairs are decided upon, cities challenge and complement the state-based international order, in addition to which they stretch the basic concepts and constructs of both international relations and international law.
Topic:: Globalization, International Law, Governance, Democracy, and Cities
Political Geography:: Global Focus

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

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

15. Recovering the History of Interwar International Environmental Law: An Interview with Omer Aloni

Author:: Daniel R. Quiroga-Villamarín and Omer Aloni
Publication Date:: 04-2023
Content Type:: Commentary and Analysis
Institution:: The Toynbee Prize Foundation
Abstract:: For a long time, international legal scholars and practitioners tended to see the League of Nations solely as a historical failure. In leading textbooks and inside the classroom, it was not uncommon to read and hear depictions of the interwar international institutions as a mere prelude to the post-1945 international order. The League, in comparison to the United Nations, was dismissed as a moment of not yet. In the last decade or so, however, more nuanced waves of scholarship across disciplines have unearthed the inner lives of international ordering, exploring the immense efforts and disappointments that surrounded the work of the League and other interwar institutions. In his recent monograph, Omer Aloni joins this renaissance of historical scholarship, adding a distinctively socio-legal perspective grounded in rich archival research to a conversation in which lawyers have been relative latecomers. In this sense, The League of Nations and the Protection of the Environment (Cambridge University Press, 2021) provides an exploration the ways in which the relations between “nature, environment, and humankind” were legally regulated at the international plane in the interwar period—and beyond. Aloni’s monograph offers a textured account not only of the origins of modern international environmental law, but also of the deep roots of our contemporary ecological crises. In it, we find that many of the issues that contemporary commentators decry as novel have, in fact, long histories. For instance, Aloni details that the quest for environmental protection and conservation has long been tangled with difficult questions related to scientific expertise, civil society participation, colonial and imperial hegemony, industrial lobbies and economic interests, and the relationship between public and private interests. By exploring several cases studies (which, as Aloni notes, “cover almost every part of the Earth—from the depth of the oceans to wooden landscapes”), the monograph provides us with a thick account of the interaction between the League, legal vocabularies, and environmental agendas. In our conversation, we explore what Dr. Aloni’s book can reveal about the challenges that international organizations face in their quest to enact environmental regulation as the planetary situation becomes increasingly dire.
Topic:: Environment, International Law, History, Interview, and League of Nations
Political Geography:: Global Focus

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

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

17. R2P Monitor, Issue 67, 1 December 2023

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 12-2023
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 67 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic, South Sudan and Yemen.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso

18. R2P Monitor, Issue 66, 1 September 2023

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 09-2023
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 66 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic, Ethiopia, Haiti, South Sudan and Yemen.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso

19. A Framework for Action for the Responsibility to Protect: A Resource for States

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 07-2023
Content Type:: Policy Brief
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: The Responsibility to Protect populations from genocide, war crimes, crimes against humanity and ethnic cleansing has emerged as an important global principle since the adoption of the UN World Summit Outcome Document in 2005. Since the conception of R2P, individual states and regional organizations, the UN, civil society, and experts around the world have worked to establish what implementation of R2P and the prevention of mass atrocity crimes means in practice. The Global Centre for the Responsibility to Protect and the Asia-Pacific Centre for the Responsibility to Protect have developed a guide for states on steps to take to protect populations from atrocity crimes, at home and abroad. “A Framework for Action for the Responsibility to Protect: A Resource for States” consolidates and builds upon existing expertise from published works and best practice from states, regional organizations and the UN on how to prevent and respond to atrocity crimes. We encourage all states to utilize this framework to assess gaps and identify opportunities to address atrocity risks in their own countries, as well as to understand options available for responding to risks in their region and around the world.
Topic:: International Law, Responsibility to Protect (R2P), Atrocity Prevention, and Risk Assessment
Political Geography:: Global Focus

20. R2P Monitor, Issue 65, 1 June 2023

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 06-2023
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 65 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic, Ethiopia, Mozambique, South Sudan and Yemen.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso

21. R2P Monitor, Issue 64, 1 March 2023

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 03-2023
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 64 looks at developments in Afghanistan, Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nigeria, Syria, Ukraine, Venezuela, Ethiopia, Mozambique, South Sudan, Sudan and Yemen.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso

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

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

23. Playing the Long Game in the South China Sea

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

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

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

25. Russia, Ukraine and international Law

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

26. 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

27. 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

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

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

29. Radical Islamism: Trajectories of Human Rights Violations and Abuses in Africa

Author:: Peter O.O. Ottuh and Felix O. Erhabor
Publication Date:: 02-2022
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: In Africa, radical and extremist Muslims are striving to transform society through violent change, claiming that African rulers are dictatorial and anti-Islamic; as a result, many African countries are experiencing serious human rights violations and abuses. Therefore, this paper examined radical Islamism and its trajectories of human rights violations and abuses in Africa and proffered workable solutions to the dilemma. To achieve the above aim, the paper employed historical and evaluative methods. The historical method was used to critically review the scholarly literature on radical Islamism and its human rights violations and abuses antecedents in Africa. At the evaluative level, the paper critically discussed the impact of human rights violations and abuses on the African nations and their citizens. The paper revealed that radical Islamism in Africa is driven by bad political leadership, poverty, poor education, unemployment, and religious exclusivism among others. The paper concluded that good governance, economic enhancement, and religious inclusiveness are key tools in discouraging and curbing radical Islamists in African countries.
Topic:: International Law, Violent Extremism, Radicalization, and Human Rights Violations
Political Geography:: Africa

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

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

31. Towards Sustainable Peace and Cooperation

Author:: Farid Shafiyev
Publication Date:: 06-2022
Content Type:: Journal Article
Journal:: Caucasus Strategic Perspectives
Institution:: Center of Analysis of International Relations (AIR Center)
Abstract:: The current issue of the Caucasus Strategic Perspectives (CSP) journal entitled “Towards Sustainable Peace and Cooperation” is dedicated to the challenges and opportunities emerging in the South Caucasus region 2 years after the end of the 44-day war between Armenia and Azerbaijan in 2020 with focus on security and political matters.
Topic:: International Relations, Security, Foreign Policy, International Cooperation, International Law, Treaties and Agreements, Peacekeeping, Military Affairs, Conflict, Vladimir Putin, Landmines, and Russia-Ukraine War
Political Geography:: Russia, Turkey, Caucasus, Armenia, and Azerbaijan

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

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

33. R2P Monitor, Issue 63, 1 December 2022

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 12-2022
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 63 looks at developments in Afghanistan, Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Ukraine, Venezuela, Yemen, Mozambique, Nigeria, South Sudan and Sudan.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

34. R2P Monitor, Issue 62, 1 September 2022

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 09-2022
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 62 looks at developments in Afghanistan, Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Ukraine, Venezuela, South Sudan, Yemen, Mozambique, Nigeria and Sudan.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

35. R2P Monitor, Issue 61, 1 June 2022

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 06-2022
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 61 looks at developments in Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Ukraine, Venezuela, Yemen, Afghanistan, Nigeria, South Sudan, Mozambique and Sudan.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

36. R2P Monitor, Issue 60, 1 March 2022

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 03-2022
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 60 looks at developments in Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Yemen, Afghanistan, Nigeria, South Sudan, Sudan and Venezuela.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Israel, Yemen, Democratic Republic of the Congo, Palestine, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

37. Israeli Raids on Palestinian Civil Society Organizations — The Costs of International Inaction

Author:: Shawan Jabarin, Raed Jarrar, Lara Friedman, Khaled Quzmar, Zaha Hassan, Sahar Francis, Ubal al-Aboudi, Khaled Elgindy, Moayyad Bsharat, and Tahreer Jaber
Publication Date:: 08-2022
Content Type:: Video
Institution:: Middle East Institute (MEI)
Abstract:: Co-convened by the Middle East Institute, the Foundation for Middle East Peace, Carnegie Endowment for International Peace, DAWN, the International Crisis Group, Century International and USMEP.
Topic:: Conflict Prevention, Civil Society, Human Rights, International Law, and Judiciary
Political Geography:: Middle East, Israel, and Palestine

38. International Law and Order Enforcement: Police Assistance Programs and Politics in US-Brazil Relations

Author:: Priscila Villela
Publication Date:: 09-2022
Content Type:: Journal Article
Journal:: Revista Brasileira de Política Internacional (RBPI)
Institution:: Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:: Police Assistance programs have been a permanent part of US foreign policy towards Latin America, with Brazil being one of the most important beneficiaries. Throughout their history, they have been oriented according to changing agendas, from anticommunism to the war on drugs. Based on documentary sources and specialized literature, we analyze the politics of US policing in Brazil, reconstituting agendas and interests that motivated police assistance programs through the lens of critical police studies in IR. In doing so, we demonstrate that police cooperation is historically a crucial part of US-Brazil bilateral relations, despite the unfrequent prominence in the literature.
Topic:: International Cooperation, International Law, Bilateral Relations, and Police
Political Geography:: Brazil, South America, North America, and United States of America

39. 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

40. Dynamic Belt and Road Initiative and the Global South’s Approach to Sustainability

Author:: Dan Yao and Mingzhe Zhu
Publication Date:: 11-2022
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: When discussing China’s Belt and Road Initiative (BRI), mainstream scholarship adopts the narrative of grand strategy, which assumes the existence of a predetermined and top-down plan as well as China’s determination to implement it according to its interests and vision. This article, with its focus on sustainability, challenges this narrative and draws attention to the indeterminate features of the BRI. It proposes an alternative interpretation that considers the BRI as a dynamic field that facilitates the emergence of the Global South’s approach to international law. It argues that the countries of the Global South can be regrouped as a symbolic region by their proximity in the global distribution of economic and environmental goods, with its identity defined by common history with international law, and necessary solidarity in the pursuit of the cause of liberation. This article then compares the BRI with the previous projects of the Global South and identifies a vagueness of commitment, lack of coordination mechanism, and flexibility as their key features. Further substantialized by two case studies, it contends that the formulation of rules is determined by strategic interactions between States and different non-State actors in a given location according to local realities.
Topic:: International Law, Belt and Road Initiative (BRI), and Sustainability
Political Geography:: Global South

41. Is the International Law Commission Taking Regionalism Seriously (Enough)?

Author:: Janina Barkholdt
Publication Date:: 11-2022
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: Regionalism poses a challenge to the work of the International Law Commission (ILC). The Commission, entrusted by the United Nations General Assembly (UNGA) with the “progressive development of international law and its codification”, is tasked with identifying and elaborating universally accepted and acceptable rules of international law. The challenge posed by regionalism lies in its ambivalent role precisely in relation to the mandate of the ILC: on the one hand, a significant share of practice in international law is generated at the regional level. Since regional practice thus constitutes a substantial part of State practice, the ILC cannot avoid taking regional practice into account if it is to identify and develop common rules. On the other hand, regionalism often involves claims for special legal treatment based on the affiliation with a region; thus, deviations from precisely those general legal rules which the ILC seeks to codify and develop. The present contribution analyses how the Commission has approached regionalism in its previous work and identifies four approaches. It shows that each of these approaches suffers from shortcomings. At the same time, the current projects on General principles of law (GPL) and Sea-level rise in relation to international law possibly indicate the emergence of a more fruitful fifth approach. Based on this analysis, the present contribution shows that the practice of the ILC evinces two methodological challenges arising from regional plurality –, the challenge of equal regional representation and the challenge of regional exceptionalism, – and makes suggestions as to how to address these in the future.
Topic:: International Law, United Nations, and Regionalism
Political Geography:: Global Focus

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

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

43. Military Intervention on Request in Jus Ad Bellum and Jus In Bello and the question of recognition of governments

Author:: Chiari Redealli
Publication Date:: 11-2022
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: Over the past decades, foreign interventions in internal conflicts upon the request of host governments have turned into a common practice. These instances have proved to be particularly challenging both from a jus ad bellum and a jus in bello point of view. On the one hand, it is often unclear whether the intervention is lawful; on the other hand, the classification of these armed conflicts is equally problematic. In both cases, the key to answer these questions is the identification of the organ capable of speaking on behalf of the state: who is the government? Considering the pivotal relevance of the identification of the government both in jus ad bellum and jus in bello, it is crucial to determine the criteria for identifying the authority capable of issuing a valid invitation. This article seeks to clarify these criteria. Ultimately, it will demonstrate that jus ad bellum and jus in bello reach different conclusions on the matter and it will argue that this should not be the case.
Topic:: International Law, Humanitarian Intervention, Military Intervention, Conflict, and International Humanitarian Law (IHL)
Political Geography:: Global Focus

44. Missed Communications and Miscommunications: International Courts, the Fragmentation of International Law and Judicial Dialogue

Author:: Francis Maxwell
Publication Date:: 11-2022
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: The increase in the number of international judicial bodies has led to different international courts deciding similar issues of international law. There is the real possibility that these international judicial bodies, not subject to the supervision of a common appeal court, may rule differently on similar questions before them. While this fragmentation of decision-making may undermine the coherency and certainty of the international legal system, it may in some cases be in the interests of the international community, including where divergences in decision-making are the result of specialized regimes or where there is progressive development of the law. So that fragmentation is limited to what is beneficial and necessary for the international community, it is essential that international judicial bodies are in open and structured dialogue with one another. This analysis considers three scenarios of overlapping decision-making, over the course of the lives of two sets of international courts: the International Court of Justice, and the international criminal courts and tribunals. It also considers the recent decision of the International Criminal Court with respect to Palestine and the Court’s refusal to weigh in on questions of general international law, in apparent departure from the previous three examples. It is submitted that these examples demonstrate that insufficient attention is given by these international judicial bodies to the issue of judicial dialogue and its importance. This may undermine the legitimacy of the system and introduce the risks of fragmentation without its benefits.
Topic:: International Law, International Court of Justice (ICJ), International Criminal Court (ICC), Dialogue, Fragmentation, and Customary International Law
Political Geography:: Global Focus

45. International Society and Its Institutions in Refugee Protection during the COVID-19 Pandemic: Revisiting the Solidarism/Pluralism Debate in English School

Author:: Nihal Eminoglu, K. Onur Unutulmaz, and M. Gokay Ozerim
Publication Date:: 01-2021
Content Type:: Journal Article
Journal:: Uluslararasi Iliskiler
Institution:: International Relations Council of Turkey (UİK-IRCT)
Abstract:: This study aims at discussing the vulnerability of the Global Refugee Protection Regime (GRPR) during crises by applying the ‘international society’ concept within the English School of International Relations theory to the COVID-19 pandemic. We analyze the efficiency of the international society institutions on GRPR through the policies and practices of states as well as organizations such as the United Nations, European Union and Council of Europe. The GRPR has been selected because the ‘vulnerability’ of this regime has become a matter of academic and political debate as much as the vulnerability of those persons in need of international protection, specifically during times of crisis. Our analysis reveals that GRPR-centric practices and policies by the institutions of international society during the first four months afte
Topic:: Diplomacy, International Law, Pandemic, COVID-19, and Health Crisis
Political Geography:: Global Focus

46. The Overseen Factors Impacting the Afghan Peace Process

Author:: Sahar Khan
Publication Date:: 01-2021
Content Type:: Special Report
Institution:: Georgetown Journal of International Affairs
Abstract:: The international community is focused on the ongoing intra-Afghan peace process, which has steadied despite several challenges. There are two developments, however, that will have a lasting impact on the process: The International Criminal Court’s investigation into war crimes committed by the Taliban, Afghan forces, and US forces, and the strategic evolution of the Taliban as a legitimate political actor.
Topic:: Security, International Law, Terrorism, Taliban, Conflict, and Peace
Political Geography:: Afghanistan, Russia, South Asia, and Eurasia

47. The Responsibility to Protect: A Background Briefing

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 01-2021
Content Type:: Policy Brief
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: The Responsibility to Protect (R2P) concept sought to confront both the Rwanda tragedy and the Kosovo dilemma by stipulating that states have an obligation to protect their citizens from mass atrocity crimes; that the international community will assist them in doing so; and that, should the state be “manifestly failing” in its obligations, the international community is obliged to act. R2P seeks to ensure that the international community never again fails to act in the face of genocide, ethnic cleansing, war crimes and crimes against humanity. By accepting a collective responsibility to protect, the international community issued a solemn pledge that it cannot lightly ignore.
Topic:: International Law, United Nations, Conflict, Responsibility to Protect (R2P), and Norms
Political Geography:: Kosovo, Rwanda, and Global Focus

48. R2P Monitor, Issue 56, 15 March 2021

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 03-2021
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a bimonthly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 56 looks at developments in Afghanistan, Cameroon, Central Sahel, China, Democratic Republic of the Congo, Ethiopia, Myanmar (Burma), Syria, Venezuela, Yemen, Central African Republic, Mozambique, Nigeria, South Sudan and Sudan.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Democratic Republic of the Congo, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

49. R2P Monitor, Issue 57, 1 June 2021

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 06-2021
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 57 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territories, Myanmar (Burma), Syria, Venezuela, Yemen, Mozambique, Central African Republic, Nigeria, South Sudan and Sudan.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

50. R2P Monitor, Issue 58, 1 September 2021

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 09-2021
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 58 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territories, Myanmar (Burma), Syria, Venezuela, Yemen, Central African Republic, Mozambique, Nigeria, South Sudan and Sudan.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

51. R2P Monitor, Issue 59, 1 December 2021

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 12-2021
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 59 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Venezuela, Yemen, Sudan, Central African Republic, Mozambique, Nigeria and South Sudan.
Topic:: International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
Political Geography:: Afghanistan, China, Sudan, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic

52. Reinforcing the Global Norm Against Chemical Weapons Use

Author:: Julia Masterson
Publication Date:: 02-2021
Content Type:: Policy Brief
Institution:: Arms Control Association
Abstract:: In recent years, the global norm against chemical weapons use has eroded, and it is critical that responsible states take action to reinforce it. Systematic violations of the Chemical Weapons Convention (CWC) and the malign use of chemical agents have continued for nearly a decade without adequate accountability. These incidents risk growing in severity and becoming more widespread for as long as the issue remains unaddressed. Reinforcing the norm against chemical weapons use necessitates a unified global effort to utilize all CWC provisions and to strengthen the consequences that violators face under the treaty and in accordance with international law.
Topic:: Arms Control and Proliferation, International Law, Weapons, Norms, and Chemical Weapons
Political Geography:: Global Focus

53. Escalating Disputes:Moroccan call to grant Algerian tribes the right to self-determination

Author:: FARAS
Publication Date:: 07-2021
Content Type:: Policy Brief
Institution:: Future for Advanced Research and Studies (FARAS)
Abstract:: The Algerian Foreign Ministry summoned its Ambassador to Morocco on July 18, 2021, in order to consult with him regarding what the Moroccan envoy to the UN had stated in a recent meeting of foreign ministers of the Non-Aligned Movement States (NAM) in Baku, as he called for granting the Kabylie region located in Eastern Algeria the right to self-determination. Algeria regards this measure as a violation of international law and the African Union Constitutive Act. It further considered such statements opposing the principles and agreements governing Moroccan-Algerian relations. Algeria also referred to the possibility of taking other measures should no positive and appropriate action be taken by the Moroccan side.
Topic:: International Relations, Diplomacy, International Law, Territorial Disputes, and Self-Determination
Political Geography:: Algeria, North Africa, and Morocco

54. Assisting Uzbekistan's parliament with specific issues pertaining to Uzbekistan's WTO accession process

Author:: Iljir Baftijari, André-Philippe Ouellet, and Ayong Lim
Publication Date:: 02-2021
Content Type:: Working Paper
Institution:: Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:: This Memorandum is prepared to guide the Beneficiary through Uzbekistan’s accession process to the World Trade Organization (hereinafter WTO). Uzbekistan’s accession process began in December 1994 but remained dormant until July 2020. Now, the Uzbek government has expressed enthusiasm for pursuing accession to the WTO. The Memorandum offers a general overview of the accession process and addresses specific questions relating to Uzbekistan’s WTO accession. The findings in this Memorandum are based largely on comparative research of recent WTO accessions with a focus on the WTO members in the Eurasian region. We have reviewed the documents submitted during Eurasian WTO members’ accession process, along with the academic sources discussing such accessions. We also analysed Uzbekistan’s current trade relationships to evaluate the pros and cons of Uzbekistan’s accession to the WTO. We likewise analysed the considerations pertaining to EAEU membership by focusing on other WTO members in the region. Finally, to analyse the potential changes to two laws submitted by the Beneficiary with regards to its accession process. We thus have reviewed the two Uzbek acts against the backdrop of: WTO Covered Agreements, the WTO Checklist for accessions, and other amended legislation of members that recently acceded to the WTO accessions for consistency
Topic:: International Law, International Political Economy, International Trade and Finance, Trade, WTO, and Parliamentarism
Political Geography:: Uzbekistan

55. 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

56. The Role of the Judiciary in Recognizing and Implementing International Law: A Comparative Analysis with Special Reference to Sri Lanka

Author:: K.A.A.N. Thilakarathna
Publication Date:: 06-2021
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: International law had had a profound impact and influence on the domestic legal system in the contemporary world. However, the status of international law within the domestic legal system is not properly defined in many of the jurisdictions including Sri Lanka. In the absence of such a constitutional provision, the judiciary as the last bastion of hope has a responsibility of interpreting domestic law in light of the international standards that have been agreed upon by the country through ratification of international treaties and those principles of customary international law that has become binding on the country. However, too much judicial activism could jeopardize the constitutional fundamentals of separation of powers and the rule of law. Therefore, this study argues that the best way to resolve this issue is by providing a constitutional provision for the role of the judiciary in the recognition and implementation of international law in a domestic context. Using a qualitative methodology with a comparative analysis of the constitutional provisions of the selected jurisdictions of India and South Africa a proposal is made for a constitutional provision for the judicial role in the recognition and implementation of international law in Sri Lanka. The results have revealed that a constitutional provision would help to advance the separation of powers and the rule of law and to well define the role of the judiciary in absorbing international treaty law to the domestic sphere, making the law more certain and predictable and upholding the rights and duties of individuals in a domestic context while fulfilling international obligations of a country under the domestic legal system.
Topic:: International Law, Rule of Law, Judiciary, and Jurisdiction
Political Geography:: Asia and Sri Lanka

57. The Leadership Requirement of the Crime of Aggression Under the Rome Statue of the International Criminal Court

Author:: Faruk H. Avdic
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 subject of this analysis was the provisions of the Rome Statute of the International Criminal Court devoted to the leadership requirement of the crime of aggression. The crime in question is the successor of crimes against peace. This paper employed normative and formal dogmatic legal methods in analyzing the particulars of the leadership clause. Besides, this analysis also took into consideration the case-law of certain judicial bodies. This paper aimed to examine whether the leadership requirement of the crime of aggression has been properly constructed for the Statute. The main focus was on the meaning of the conditions stemming from the leadership clause that each perpetrator ought to fulfill to incur criminal responsibility for the crime of aggression. Additionally, this research addressed the criminal responsibility of public and private actors and the modes of participation in the crime in question. The article established that the leadership requirement concerning the crime of aggression has been aptly incorporated in the Statute since this requirement, at the same time, embraces the post World War Two standards concerning crimes against peace and the contemporary notion of aggression as one of the core crimes under international law.
Topic:: International Cooperation, International Law, Leadership, and International Criminal Court (ICC)
Political Geography:: Global Focus

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

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

59. The Evolution of the Prohibition of Genocide: From Natural Law Enthusiasm to Lackadaisical Judicial Perfunctoriness – And Back Again?

Author:: Julia Klaus
Publication Date:: 06-2021
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: International legal scholarship and practice have reached a point where it is undisputed that the prohibition of genocide has the status of jus cogens and entails erga omnes obligations. It is, however, astonishing how little academic focus has been dedicated to the normative development leading to this extraordinary rank. In a legal regime with as little hierarchical structure as public international law, examining the birth process of such a norm promises considerable insights into normative formation in general and may inform jurisprudential theories on the nature of international law. This article illustrates the evolution of the prohibition of genocide by outlining the way to the 1948 UN Genocide Convention and the later interpretations of the norm. It traces the origin of the genocide prohibition to naturalistic ideas of overarching laws of humanity in international law and follows its development into the early 21st century. An analysis of international jurisprudence reveals that, after the jus cogens status of the prohibition of genocide and its erga omnes dimension had been settled, international judges handled the norm in a surprisingly lackadaisical and perfunctory manner. The very recent ICJ order on provisional measures in the Myanmar Genocide case potentially marks a return towards a deeper focus on moral facts determining the prohibition that point to naturalistic theories persisting, notwithstanding the positivistic mainstream approaches to international law. The article contributes to a more accurate picture of and greater academic interest in these naturalistic undercurrents.
Topic:: Genocide, International Cooperation, International Law, International Court of Justice (ICJ), and Humanitarian Crisis
Political Geography:: Global Focus

60. Perspectives for a New International Crime Against the Environment: International Criminal Responsibility for Environmental Degradation under the Rome Statute

Author:: Ammar Bustami and Marie-Christine Hecken
Publication Date:: 06-2021
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: This article draws attention to the need of a reform of the environmental protection by means of international criminal law as enshrined in the Rome Statute of the International Criminal Court. After giving a short overview of the contemporary environmental protection in war- and peacetime offered by international criminal law, it becomes clear that international criminal law fails to succeed at offering sufficient environmental protection. This paper outlines that there is no convincing reason for a differentiated approach in international criminal law to environmental damage in wartime and in peacetime, and that a shift from an anthropocentric to an ecocentric approach would positively contribute to a more effective protection of the environment. It is therefore argued for the introduction of a new integral and ecocentric international crime against the environment in the Rome Statute. The paper then elaborates on existing proposals on such a new crime against the environment before some proper observations on the exact contours of the crime are made. A focus lies on the new crime’s threshold of seriousness as well as on the necessary mens rea requirements. The insufficiency of the contemporary legal framework and the merits of a new crime against the environment are exemplified by an archetype example of peacetime environmental damage, the Chevron/Texaco oil spill scenario in Ecuador.
Topic:: Climate Change, Environment, International Cooperation, and International Law
Political Geography:: Global Focus

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

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

62. Great Expectations and a Missed Opportunity. The Special Tribunal For Lebanon and the Objectives of the United Nations Security Council. A Critical Perspective/Grandes expectativas y una oportunidad perdida. El tribunal especial para el Líbano y los objetivos del Consejo de Seguridad de Naciones Unidas. Una mirada crítica

Author:: María Torres Pérez
Publication Date:: 10-2021
Content Type:: Journal Article
Journal:: Revista UNISCI/UNISCI Journal
Institution:: Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:: Among the various ad hoc international criminal tribunals that have been established since the end of the twentieth century, the Special Tribunal for Lebanon stands out for its singularity, both at the jurisdictional level and for its contribution to the treatment of victims. The work of the Special Tribunal for Lebanon began in 2009, delivering its first sentence on 18 August 2020. Through its constitution, the United Nations Security Council sought not to abandon the path initiated in 1993 with the creation of the Yugoslavia and Rwanda tribunals; however, the result has not been as expected. This article aims to analyze the peculiarities of the Tribunal and its work, making a critical analysis of it, considering it as a lost opportunity for the reconstruction process in Lebanon./Entre los diversos tribunales penales internacionales ad hoc que se han creado desde finales del siglo XX, el Tribunal Especial para el Líbano destaca por su particularidad, tanto a nivel jurisdiccional como por su contribución al tratamiento de las víctimas. La labor del Tribunal Especial para el Líbano comenzó en 2009, dictando su primera sentencia de instancia el 18 de agosto de 2020. Mediante su constitución, el Consejo de Seguridad de Naciones Unidas apostó por no abandonar el camino iniciado en 1993 con la creación de los tribunales de Yugoslavia y Ruanda; sin embargo, el resultado no ha sido el esperado. Este trabajo pretende analizar las peculiaridades del Tribunal y su trabajo, realizando un análisis crítico del mismo como oportunidad perdida para el proceso de reconstrucción del Líbano.
Topic:: International Law, United Nations, History, Impunity, and UN Security Council
Political Geography:: Yugoslavia, Lebanon, and Rwanda

63. 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

64. The Emotional Backdrop of Legal Discourses in South China Sea Disputes

Author:: Eric Pomes and Jean-Marc Coicaud
Publication Date:: 01-2021
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: The China Sea connects as many coastal states as it divides due to the economic and strategic challenges it represents. It also embodies an area of confrontations between the Great American and Chinese strategies. Identifying with precision the differences that arise requires an interest in the symbolic dimensions that surround them. This angle of analysis provides an opportunity to observe the functioning of international law and inevitably leads to a discussion of the emerging international order. The literature on the situation in the China Sea abounds. The paper’s singularity is to approach it under the prism of international law as revealing the psychology of an actor. To carry out this research, the authors use a pragmatic and critical approach to international law. The thesis defended shows that, contrary to a positivist and judicial approach to international law, elements exogenous to the law, the history, and the psychology of an actor, influence the interpretation of existing norms.
Topic:: International Law, Territorial Disputes, Maritime, and Conflict
Political Geography:: Asia and South China Sea

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

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

66. Human Rights Investigations in Ethiopia and Paths Forward for Justice

Author:: Isabelle Turner and Tallan Donine
Publication Date:: 11-2021
Content Type:: Special Report
Institution:: Simon-Skjodt Center for the Prevention of Genocide, United States Holocaust Memorial Museum
Abstract:: On November 19, 2021, the Simon-Skjodt Center for the Prevention of Genocide at the US Holocaust Memorial Museum brought together researchers, international legal experts, and foreign policy practitioners to discuss the evolving crisis in Ethiopia and explore options for justice and accountability. This rapporteur’s report summarizes the key themes and observations raised during the roundtable.
Topic:: Foreign Policy, Human Rights, International Law, Justice, Atrocities, and Investigations
Political Geography:: Africa and Ethiopia

67. The ICC and Palestine: Breakthrough and End of the Road?

Author:: Pearce Clancy and Richard Falk
Publication Date:: 09-2021
Content Type:: Journal Article
Journal:: Journal of Palestine Studies
Institution:: Institute for Palestine Studies
Abstract:: The recent ruling of the International Criminal Court (ICC) affirming territorial jurisdiction over the West Bank, including East Jerusalem, and the Gaza Strip may at first appear to be a mere procedural decision outlining the court’s authority to investigate Israeli criminality. Upon closer scrutiny, however, it is clearly much more: an indirect, yet far-reaching vindication of Palestinian resistance and struggle in the ongoing “legitimacy war” with Israel. These legal proceedings have momentous potential implications for broader accountability efforts, which could be significant over time, even if attempts to prosecute Israeli perpetrators are ultimately frustrated. This legal event already sheds light on both the limitations of the court and the legal and geopolitical challenges it faces in cases where suspected perpetrators wield significant influence in international political arenas. As of now, the ICC has gained credibility precisely because it has the institutional courage to take on the architects of Israeli criminality.
Topic:: Human Rights, International Law, Geopolitics, Accountability, International Criminal Court (ICC), and Oslo Accords
Political Geography:: Middle East, Israel, and Palestine

68. Advancing a Rules-based Maritime Order in the Indo-Pacific

Author:: Jeffrey Ordaniel and John Bradford
Publication Date:: 07-2021
Content Type:: Special Report
Institution:: Pacific Forum
Abstract:: Authors of this volume participated in the Indo-Pacific Maritime Security Expert Working Group’s 2021 workshop that took place, virtually on March 23-24. The working group, composed of esteemed international security scholars and maritime experts from Japan, the United States, and other Indo-Pacific states, was formed to promote effective U.S.-Japan cooperation on maritime security issues in the region through rigorous research on various legal interpretations, national policies, and cooperative frameworks to understand what is driving regional maritime tensions and what can be done to reduce those tensions. The workshop’s goal is to help generate sound, pragmatic and actionable policy solutions for the United States, Japan, and the wider region, and to ensure that the rule of law and the spirit of cooperation prevail in maritime Indo- Pacific. The Indo-Pacific Maritime Security Expert Working Group’s 2021 workshop and this volume were funded by a grant from the U.S. Embassy Tokyo, and implemented in collaboration with the Yokosuka Council on Asia Pacific Studies (YCAPS).
Topic:: Security, International Law, Maritime, and Crisis Management
Political Geography:: Japan, United States of America, Indo-Pacific, and South China Sea

69. Moral Imperatives and Legal Realities: The Perennial Conundrum of Humanitarian Intervention

Author:: Chris O'Meara
Publication Date:: 09-2021
Content Type:: Journal Article
Journal:: Brown Journal of World Affairs
Institution:: Brown Journal of World Affairs
Abstract:: Article 1 of the UN Charter embodies a well-known tension that exists in international law. On the one hand, it sets out perhaps the most fundamental purpose of the UN: the maintenance of international peace and security. This principle underpins the operation of the post-World War II rules-based inter- national order. It is reflected in Article 2(4) of the UN Charter, which prohibits the “threat or use of force against the territorial integrity or political indepen- dence of any state.”1 Such prohibition, while routinely flouted by states, stands as an intransgressible rule of international law.2 On the other hand, Article 1 establishes what appears to be an equally foundational principle: promoting and encouraging respect for human rights and fundamental freedoms. Indeed, the burgeoning body of international human rights law that has arisen since the signing of the Charter has increasingly placed human rights and human security at the center of international concern.
Topic:: Human Rights, International Law, Humanitarian Intervention, and International Humanitarian Law (IHL)
Political Geography:: Global Focus

70. China’s Growing Engagement with the UNDS as an Emerging Nation: Changing Rationales, Funding Preferences and Future Trends

Author:: Mao Ruipeng
Publication Date:: 01-2020
Content Type:: Special Report
Institution:: German Institute of Development and Sustainability (IDOS)
Abstract:: As China deepens its engagement in global governance and development, its strategic motivation and rising influence within the UN and on international rules and norms are attracting the world’s attention. This paper focuses on China’s engagement with the UNDS, specifically Chinese funding and allocation decisions. China’s UNDS funding has risen rapidly since 2008 and even accelerated in 2013. Between 2013 and 2017, Chinese funding (excluding local resources) grew at an annual average rate of 33.8 per cent. In 2017, its total contribution reached USD 325.869 million. China’s shares of core funding and assessed contribution in its total UNDS funding are much higher than traditional donor countries. However, the share of non-core funding has also jumped. While China tends to mostly provide funds for UNDS development projects, in recent years it has also been hiking funding for humanitarian assistance. This paper also examines three cases of China’s earmarked funding – to the UNDP and the WFP, which receive the largest share of its UNDS funds, as well as for UNPDF operations, which count as a voluntary contribution. There are several reasons for China’s growing engagement with the UNDS, from evolving perception of foreign aid and appreciating the UN’s multilateral assets to fostering the reputation of “responsible great nation” and pushing forward the Belt and Road Initiative (BRI) through cooperation with the UNDS. In general, China continues to integrate into the global development system, and can be expected to maintain its support for the UN and continue to contribute to the UNDS.
Topic:: Development, International Law, United Nations, Belt and Road Initiative (BRI), and Norms
Political Geography:: China and Global

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

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

72. Annexation of Crimea from the Perspective of Offensive Realism | Ofansif Realizm Bağlamında Kırım’ın İlhakı

Author:: Oğuzhan Çakır and Ayça Eminoğlu
Publication Date:: 09-2020
Content Type:: Journal Article
Journal:: Novus Orbis: Journal of Politics & International Relations
Institution:: Department of International Relations, Karadeniz Technical University
Abstract:: The main purpose of this study is to understand what motives the Russian Federation, a regional power, uses military force against its neighbor, Ukraine, and annexes Crimea. As a result of the literature review conducted for this purpose, this approach of Russia was generally interpreted from two different theoretical perspectives. Some of the critics evaluated Russia's attitude during the crisis process under the name of defensive realism, while the other group, on the contrary, evaluated Russia's attitude under the name of offensive realism. The work is addressed in the context of these two theories, with a deductive approach. The great powers do not refrain from using hard power when it comes to their security. The answer has been searched to the arguments that the Revisionist movement that Russia displayed in this crisis was caused by international developments rather than domestic political developments and that there is no sanctioning power against the great powers that have become a chronic problem of international law. When the relevant study concluded, and the previous crisis experiences of Russia taking in the consideration, it is observed that Russia has similar characteristic features in this crisis as well. It has been concluded that Russia has not been able to get rid of the sense of the siege it experienced during the Cold War and has pursued aggressive policies when it feels such a threat in its nearby geography. On the other hand, what happened in Crimea has clearly shown that the great powers do not refrain from using force and ignoring international law when it comes to their benefits and security. | Bu çalışmanın temel amacı, bölgesel bir güç olan Rusya Federasyonu’nun, komşusu olan Ukrayna’ya karşı hangi saiklerle askeri güç kullandığı ve Kırım’ı ilhak ettiğidir. Bu amaç doğrultusunda yapılan literatür çalışması sonucunda, Rusya’nın bu yaklaşımı genel olarak iki farklı teorik perspektiften yorumlanmıştır. Düşünürlerin bir kısmı Rusya’nın kriz sürecindeki tutumunu defansif realizm bağlamında değerlendirmekteyken diğer grup ise tam aksine Rusya’nın tutumunu ofansif realizm bağlamında ele almışladır. Çalışma, bu iki teori bağlamında, tümdengelimci bir yaklaşımla ele alınmıştır. Büyük güçler, güvenlikleri söz konusu olduğunda sert güç kullanmaktan kaçınmamaktadırlar. Rusya’nın bu krizde sergilemiş olduğu revizyonist hareketin, iç politik gelişmelerden ziyade uluslararası gelişmelerden kaynaklandığı ve uluslararası hukukun kronik sorunu haline gelen büyük güçlere karşı bir yaptırım gücünün olmadığı argümanlarına cevap aranmıştır. İlgili çalışma sonuçlandığında, Rusya’nın geçmişte yaşadığı krizler de ele alındığında, bu krizle benzer karakteristik özelliklere sahip olduğu gözlemlenmiştir. Rusya’nın, Soğuk Savaş dönemi yaşadığı kuşatılma algısından kurtulamadığı ve yakın coğrafyasında bu şekilde bir tehdit hissettiği zaman saldırgan politikalar izlediği sonucu varılmıştır. Öte yandan Kırım’da yaşananlar, büyük güçlerin kendi menfaatleri ve güvenlikleri söz konusu olduğunda güç kullanmaktan ve uluslararası hukuku hiçe saymaktan kaçınmadıklarının açıkça göstermiştir.
Topic:: International Law, Territorial Disputes, Realism, and Annexation
Political Geography:: Russia, Ukraine, and Crimea

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

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

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

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

75. The Syrian Safe Zone and International Law

Author:: Bríd Ní Ghráinne
Publication Date:: 01-2020
Content Type:: Policy Brief
Institution:: Institute of International Relations Prague
Abstract:: On Wednesday 9 October 2019, Turkey launched a cross-border operation in Northern Syria. Turkey justified its actions as a response to an ‘imminent terrorist threat’ from Kurdish-led forces. Its operation was directed at pushing back these groups from its border and creating a ‘safe zone’ in Syria where up to two million Syrian refugees can be resettled. This reflection aims to assess whether the Turkish operation to establish the safe zone was lawful; and whether the resettlement of Syrian refugees in the safe zone is in conformity with international law.
Topic:: Human Rights, International Law, Refugees, Syrian War, and Humanitarian Crisis
Political Geography:: Turkey, Middle East, and Syria

76. The Role of International Seabed Authority with Respect to the Administration of Mineral Resources

Author:: Şûle Anlar Güneş
Publication Date:: 03-2020
Content Type:: Journal Article
Journal:: Uluslararasi Iliskiler
Institution:: International Relations Council of Turkey (UİK-IRCT)
Abstract:: Deep ocean floor called as Area is considered as Common Heritage of Mankind (CHM) and the mining activities are managed by International Seabed Authority (ISA). In this article, firstly, the significance of the CHM concept with respect to decolonised states and its impact on law of the sea is elaborated. Secondly, the mandate of ISA which assumed responsibility for the translation of the CHM concept into practice is examined. Every state can take part in mining activities in the Area as a ‘sponsor state’ but the lack of precision with respect to responsibility limits have a deterrent effect over the states that are disadvantaged technically and financially. Considering the negative impact of this issue over the CHM concept the Advisory Opinion of the International Tribunal for Law of the Sea that was given in 2011 is examined.
Topic:: International Law, United Nations, Natural Resources, Law of the Sea, Maritime, and Mining
Political Geography:: Turkey, Middle East, and Global Focus

77. South China Sea Dispute: China’s Role and Proposed Solutions

Author:: Mubeen Adnan and Fakhara Shahid
Publication Date:: 07-2020
Content Type:: Journal Article
Journal:: Journal of Political Studies
Institution:: Department of Political Science, University of the Punjab
Abstract:: South China Sea (SCS) is a part of Pacific Ocean and is the most strategic and important waterway in the world containing large deposits of hydrocarbons and fossil oil. Due to its unquestioned importance it has become bone of contention among many East Asian nations and China regarding its sovereignty and control of the territory. Two Islands Parcel and Spratly in the SCS are the flashpoints of the dispute because countries like, Philippine, China, Vietnam, Brunei and Malaysia are claiming their rights over some parts or sovereignty over all the above mentioned Islands. Primary concern of the dispute lies in U shaped nine- dashed demarcation line by China in the SCS. A decision of international court of Arbitration in “Philippines v. china arbitration case” showed that China U-shaped nine dash line demarcation is uneven with UNCLOS 1982. This verdict has been rejected by China on the grounds that it has no binding forces because China controls 90% area of the SCS through nine dashed line by having historical claim of the sea and this line was drawn in 1946 by the help of USA prior to the 1982 UNCLOS. China wants to solve the dispute bilaterally without any third party interference while due to the importance of the region many other actors are getting involved in to the dispute. A permanent and lasting solution of the dispute is a dire need of the time to solve the complex issue.
Topic:: Foreign Policy, International Law, and Territorial Disputes
Political Geography:: China, Asia-Pacific, and South China Sea

78. ON THE ASSASSINATION OF QASSEM SOLEIMANI

Publication Date:: 01-2020
Content Type:: Commentary and Analysis
Institution:: Political Violence @ A Glance
Abstract:: On January 3, 2020, an American drone strike killed Qassem Soleimani, the commander of the Iranian Quds Force, and one of the most influential military and political figures in Iran. It is an extraordinary event—former American army general and director of the CIA David Petraeus called it “more consequential” than the killing of Osama bin Laden—with potentially profound implications for US-Iranian relations, and the entire Middle East. Here, international relations experts from UC San Diego discuss why the Trump administration killed Soleimani; what might come next; and the implications for US domestic politics. This conversation has been edited for length and clarity.
Topic:: International Law, Military Intervention, Assassination, and Armed Conflict
Political Geography:: United States and Iran

79. Building on Quicksand: Pursuing Transitional Justice in Times of Great Upheaval

Author:: Nadim Houry
Publication Date:: 11-2020
Content Type:: Working Paper
Institution:: Arab Reform Initiative (ARI)
Abstract:: Anyone who cares about transitional justice in the Middle East and North Africa (MENA) faces a daunting task. How to address the past when the present is in great upheaval? How to tackle yesterday’s wars and violations when new ones—often worse—are occurring today? Practitioners have long recognized that transitional justice is a slow and nonlinear process that requires patience and long-term planning. Setbacks are expected along the way but, in the end, there is the promise or assumption that “if you keep at it, you will eventually get results.” But is this assumption still valid in the MENA region? Are existing transitional justice efforts succeeding in laying the groundwork for a better future, or are they being washed away by new rounds of violence and repression? The issue is both conceptual and pragmatic. On one level, there is the question of whether a society can start addressing the traumas of the past while simultaneously dealing with new traumas, often caused by new actors. On another level, there is the question of what sort of transitional justice processes and institutions can deal with the past, while also being able to adapt to an ever-shifting present. The challenges are immense and there are no easy answers. Here, I highlight the need for further research on transitional justice processes in the MENA region, with a focus on recent years of upheaval. Two fundamental questions emerge: (i) how to reconcile past and current claims; and (ii) how to accommodate ever-changing sources of legitimacy, given the increasing hollowness of state structures in the region.
Topic:: International Law, Transitional Justice, State Building, and Humanitarian Crisis
Political Geography:: Africa and Middle East

80. A reflection on the Responsibility to Protect in 2020

Author:: Karen Smith
Publication Date:: 08-2020
Content Type:: Commentary and Analysis
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: Fifteen years since the adoption of the principle of the Responsibility to Protect (R2P), I would like to reflect on what it is, at its core. R2P is essentially about preventing and protecting people from the most heinous atrocity crimes – genocide, war crimes, ethnic cleansing and crimes against humanity. This essence is sometimes undermined by debates in which criticisms about implementation deficits are used to discredit the entire principle. The disconnect between the UN World Summit in 2005, when UN member states unanimously committed to protect populations from atrocity crimes, and the disparity in its implementation is highly problematic, as it leaves open the door for atrocity crimes to continue to be committed, while effective national, regional and international action is displaced by what are essentially political arguments about lack of conceptual consensus. The grim reality of today’s ongoing crises is a stark reminder of the need to redouble efforts to effectively implement the responsibility to protect.
Topic:: Human Rights, International Law, United Nations, and Responsibility to Protect (R2P)
Political Geography:: Global Focus

81. R2P Monitor, Issue 52, 15 July 2020

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 07-2020
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a bimonthly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 52 looks at developments in Afghanistan, Cameroon, China, Democratic Republic of the Congo, Mali and Burkina Faso, Myanmar (Burma), Syria, Yemen, Burundi, Central African Republic, Israel and the Occupied Palestinian Territories, Libya, Nigeria, South Sudan and Venezuela.
Topic:: International Law, Conflict, Responsibility to Protect (R2P), and Atrocities
Political Geography:: Afghanistan, China, Israel, Libya, Yemen, Democratic Republic of the Congo, Palestine, Syria, Venezuela, Nigeria, Burundi, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Global Focus, and Burkina Faso

82. Atrocity Crimes and Preventive Diplomacy: Reflections on R2P’s 15th Anniversary

Author:: Ivan Šimonović
Publication Date:: 06-2020
Content Type:: Commentary and Analysis
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: Fifteen years ago the Responsibility to Protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity was unanimously adopted at the United Nations World Summit, the largest gathering of Heads of State and Government in history. To mark the 15th anniversary the Global Centre is publishing a series of reflections by key actors in the development of R2P. In this piece, Ambassador Ivan Šimonović shares lessons he learned regarding the prevention of atrocity crimes while serving as the UN Assistant Secretary-General for Human Rights and as UN Special Adviser on R2P. While reflecting on various country situations, Ambassador Šimonović explains what can be achieved through “atrocity crimes prevention diplomacy.”
Topic:: International Law, United Nations, and Responsibility to Protect (R2P)
Political Geography:: Global Focus

83. R2P Monitor, Issue 51, 15 May 2020

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 05-2020
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a bimonthly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 51 looks at developments in Afghanistan, Cameroon, China, Mali and Burkina Faso, Myanmar (Burma), Syria, Yemen, Burundi, Democratic Republic of the Congo, Central African Republic, Israel and the Occupied Palestinian Territories, Libya, Nigeria, South Sudan and Venezuela.
Topic:: International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:: Afghanistan, China, Israel, Libya, Yemen, Democratic Republic of the Congo, Palestine, Syria, Venezuela, Nigeria, Burundi, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Global Focus, and Burkina Faso

84. How a UN Board of Inquiry Failed to Address the Real Problem in Syria

Author:: Jahaan Pittalwala
Publication Date:: 04-2020
Content Type:: Commentary and Analysis
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: Since April 2019 Syrian government and Russian forces have carried out a brutal offensive in northwest Syria, resulting in the deaths of over 1,500 civilians. As the bombings intensified in mid 2019, international outrage grew as airstrikes regularly hit health facilities, schools, displacement centers and other civilian objects, including those on a “deconfliction” list established by the UN to help facilitate their protection. Any joint action by the UN Security Council (UNSC) in response to these attacks was actively blocked by China and Russia, the latter of which was directly involved in the military offensive. Amidst frustration that perpetrators were being systematically shielded from accountability, and faced with few other diplomatic options, ten members of the UNSC issued a démarche to the UN Secretary-General requesting an investigation into attacks on civilian objects.
Topic:: International Law, United Nations, Responsibility to Protect (R2P), UN Security Council, and Atrocities
Political Geography:: Russia, Middle East, Syria, and Global Focus

85. R2P: The Dream and the Reality

Author:: Gareth Evans
Publication Date:: 11-2020
Content Type:: Commentary and Analysis
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: In a world as full of cynicism, double standards, crude assertions of national interest and realpolitik as ours has so long been, not least in these last few years, it is very easy to believe that ideas do not matter very much. Achieving fundamental change in the way states and their leaders think and behave is as hard as international relations gets. But that is exactly the dream that those of us involved in the creation of the Responsibility to Protect (R2P) concept set out to make a reality two decades ago.
Topic:: Human Rights, International Law, Responsibility to Protect (R2P), and Speech
Political Geography:: Global Focus

86. The Responsibility to Protect in the Americas/La Responsabilidad de Proteger et la Organización de Estados Americanos

Author:: Jared Genser
Publication Date:: 11-2020
Content Type:: Commentary and Analysis
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: I was recently appointed to advise the Organization of American States (OAS), the world’s oldest regional organization comprised of the 35 independent states of the Americas, to help design and build a more effective and efficient system to address mass atrocity crimes in the Western Hemisphere. Although proposing a detailed way forward will require my completing a wide range of consultations with member states, civil society groups, and other experts, much more can be done./Fui nombrado recientemente para aconsejar a la Organización de Estados Americanos, la organización regional más antigua del mundo compuesta de los 35 estados independientes de las Américas, para ayudar a diseñar y construir un sistema más eficaz y eficiente para responder a crímenes de atrocidades masivas en la región. Antes de que puedo proponer una manera de progresar específica, estoy llevando a cabo consultaciones amplias con estados miembros, grupos de la sociedad civil y otros expertos. Pero hay bastante que se puede hacer en el interino.
Topic:: Human Rights, International Law, United Nations, Responsibility to Protect (R2P), and Organization of American States (OAS)
Political Geography:: South America, Central America, and North America

87. R2P Monitor, Issue 54, 15 November 2020

Author:: Global Centre for the Responsibility to Protect
Publication Date:: 11-2020
Content Type:: Special Report
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: R2P Monitor is a bimonthly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 54 looks at developments in Afghanistan, Cameroon, China, Democratic Republic of the Congo, Mali and Burkina Faso, Myanmar (Burma), Syria, Venezuela, Yemen, Central African Republic, Ethiopia, Mozambique, Côte d’Ivoire, Israel and the Occupied Palestinian Territories, Libya, Nagorno-Karabakh (Armenia/Azerbaijan), Nigeria and South Sudan.
Topic:: International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:: Afghanistan, China, Israel, Libya, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Côte d'Ivoire, Global Focus, Burkina Faso, and Nagorno-Karabakh

88. The Responsibility to Protect at 15: A Promise Unfulfilled

Author:: Alex Bellamy
Publication Date:: 09-2020
Content Type:: Commentary and Analysis
Institution:: The Global Centre for the Responsibility to Protect
Abstract:: The Responsibility to Protect was adopted unanimously and without equivocation by the UN General Assembly in 2005. States accepted that each of them had a responsibility to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity – hitherto referred to as ‘atrocity crimes.’ They acknowledged their responsibility to assist one another to fulfil this primary responsibility. They declared they had a collective responsibility to protect populations in other countries using diplomatic, humanitarian and other peaceful means, and they promised to work through the UN Security Council to protect populations when national authorities were failing and peaceful means inadequate.
Topic:: Human Rights, International Law, United Nations, Responsibility to Protect (R2P), and Atrocities
Political Geography:: Global Focus

89. The Political and Legal Landscape of the Alaska Phenomenon

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

90. Uluslararasi Hukukun Eksi̇k Uygulanişina Bi̇r Örnek: Bosna-hersek’te Uluslararasi Toplumun Müdahaleleri̇

Author:: Burak Çakirca
Publication Date:: 10-2020
Content Type:: Journal Article
Journal:: Journal of Academic Inquiries
Institution:: Sakarya University (SAU)
Abstract:: Balkanlardaki birçok farklı unsuru bünyesinde barındıran Bosna Hersek, bu karmaşık yapı nedeniyle bazı sıkıntılı süreçler geçirmiştir. Yirminci yüzyılın son döneminde en büyük trajediler arasında sayılan Sırplar ile Boşnaklar arasındaki savaş bölgede birçok yıkım ve tahribata sebep olmuştur. Bosna’da Uluslararası hukukun diplomatik yöntemler, uluslararası örgütlerin ve uluslararası yargının müdahalesi vasıtasıyla tüm imkanlarının kullanıldığı görülmektedir. Ancak bu imkanların çatışmaları engellemedeki başarısı tartışmalı olmuştur. Bu çalışma, söz konusu methotların hangi düzeyde etkide bulunduğu sorunsallaştırmaktadır. Uluslararası hukukun eksik uygulanışının meydana getirdiği büyük sorunların gösterilmesi çalışmanın amacını oluşturmaktadır.
Topic:: International Law, Military Intervention, and Conflict
Political Geography:: Turkey, Middle East, Eastern Europe, and Bosnia and Herzegovina

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

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

92. Human Rights (Syllabus Resource)

Author:: Peace and Security (GIWPS) Georgetown Institute for Women
Publication Date:: 02-2020
Content Type:: Special Report
Institution:: Georgetown Institute for Women, Peace and Security (GIWPS)
Abstract:: The following is material to consider for your syllabus related to: International Law; Peacekeeping; Race in International Relations; The Global Human Rights Regime; Women’s Rights and Gender in International Relations.
Topic:: International Relations, Education, Human Rights, International Law, Race, Peacekeeping, Women, and Syllabus
Political Geography:: Global Focus

93. Pandora’s Box in Syria: Anticipating negative externalities of a re-entrenching regime

Author:: Samar Batrawi
Publication Date:: 05-2020
Content Type:: Special Report
Institution:: Clingendael Netherlands Institute of International Relations
Abstract:: During 2019, the original Syrian conflict entered its closing phases, except for the battlefields of Idlib and in the north east. As a result, conflict dynamics have become somewhat easier to read, as the regime and its key allies have shifted towards a triumphalist ‘post-war’ narrative and corresponding governance styles, deal-making and decision-making. These developments can be witnessed in three interlinked spheres: security, civil, and political economic practices. Together, they largely form the Assad regime’s political economy, which – although poorly understood due to limited access – is crucial to understand to assess the negative externalities likely to result from its wartime survival and re-entrenchment. The paper analyses six such externalities: 1. risk of conflict relapse due to economic pressures 2. the politics of refugees 3. risks and instrumentalisation of terrorism 4. regional instability 5. humanitarian culpability 6. deterioration of the international legal order. These externalities are interconnected and emerge from the political economy of the regime – the accumulation of its security, civil and political economic practices. Their nature and volume suggest that the Syrian civil war will plague its neighbors, as well as Europe, for a long time to come. These externalities also focus our attention on the fact that adequate containment strategies should be designed as a matter of urgency, to limit their negative impact.
Topic:: Security, International Law, Political Economy, Terrorism, Refugees, Conflict, Syrian War, and Bashar al-Assad
Political Geography:: Middle East, Syria, and Idlib

94. Reconsidering the Classification of Perpetrators in instances of Genocide and Mass Atrocity: A focus on the Khmer Rouge Era

Author:: Sabah Carrim
Publication Date:: 12-2020
Content Type:: Journal Article
Journal:: Review of Human Rights
Institution:: Society of Social Science Academics (SSSA)
Abstract:: The terms “primary”, “mid-level” and “lower level” are employed to qualify perpetrators of mass atrocities, based on the magnitude of guilt and criminal responsibility. Could this classification be a misnomer? Could the relationship among perpetrators, or the roles they assume be more intricate, warranting a reassessment of the existing hierarchy? This paper explores the need to be more circumspect in penning perpetrators in categories, especially in complex scenarios of mass atrocity. To do so, the Non-Solitarist View of Human Identity and Framing Theory are used to explore the matter, with a focus on perpetrators of the Khmer Rouge era.
Topic:: Genocide, International Law, Atrocities, and Khmer Rouge
Political Geography:: Cambodia, Southeast Asia, and Global Focus

95. Europe's Initial Reactions to Israel’s Annexation Intentions

Author:: Maya Sion-Tzidkiyahu
Publication Date:: 06-2020
Content Type:: Working Paper
Institution:: Mitvim: The Israeli Institute for Regional Foreign Policies
Abstract:: US President Donald Trump's plan for resolution of the Israeli-Palestinian conflict, presented in January 2020, was perceived in Jerusalem as a green light to annexation of some 30 percent of the West Bank. It was in accordance with the intentions declared over the past year by Israeli Prime Minister Benjamin Netanyahu. Accordingly, the April 2020 coalition agreement between the Likud and Blue and White political parties included a clause allowing Netanyahu to bring a USapproved annexation plan for government or Knesset approval as of July 1, 2020. 1 Soon after, reactions began pouring in from around the world, including Europe, expressing opposition to annexation and warning Israel against such a move. This paper presents the reactions of the EU, its member states and the UK. It examines them in light of the hurdles to formulating an EU consensus on the issue, and maps them according to the extent of the criticism and the attitudes of the various European states toward the Israeli government’s policy.
Topic:: Foreign Policy, International Law, Territorial Disputes, European Union, and Annexation
Political Geography:: Europe, Middle East, Israel, and Palestine

96. Enhancing the Protection of the Environment in Relation to Armed Conflicts – the Draft Principles of the International Law Commission and Beyond

Author:: Britta Sjostedt and Anne Dienelt
Publication Date:: 07-2020
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: n 2011, the UN International Law Commission (ILC) took up the topic Protection of the Environment in Relation to Armed Conflicts.1 The decision was triggered by a joint report issued by the UN Environment Programme and the Environmental Law Institute in 2009 recommending the ILC to “[...] examine the existing international law for protecting the environment during armed conflicts [...] [including] how it can be clarified, codified and expanded [...]”.2 Since the inclusion of the item on the ILC’s agenda, the Commission has published five reports3 by the two special rapporteurs, Dr. Marie Jacobsson (2011-2016) and Dr. Marja Lehto (2017-). In 2019, the plenary adopted 28 Draft Principles on first reading.4 The ILC has touched on highly controversial issues such as reprisals,5 corporate liability,6 indigenous peoples’ rights,7 among others. Nevertheless, it was clear from the beginning that the ILC would not be able to exhaustively deal with the topic for two main reasons. First, the Commission has a limited mandate that is restricted to “[...] initiate studies and make recommendations for the purpose of [...] encouraging the progressive development of international law and its codification [...]”.8 Enhanced legal protection of the environment, as one of the purposes of the Draft Principles,9 must therefore be based on existing customary international law and its progressive development. The Commission decided to also include recommendations to account for the uncertain legal status of some of the Draft Principles.10 Second, some related issues touch upon controversial and political matters, as mentioned earlier. Consequently, the ILC has been reluctant to include some of these issues in its workflow.11 Therefore, the adoption of the Draft Principles should be regarded as a starting point for shaping and developing the legal framework for environmental protection in relation to armed conflicts. As a part of that process, Hamburg University and Lund University organized an international workshop in March 2019 in Hamburg. Several members of the ILC, including two special rapporteurs, academic legal experts, and practitioners, attended the workshop to discuss the Draft Principles. The discussion also focused on some issues not covered by the ILC, such as the implications for gender and climate security. The engaging dialogue in Hamburg has inspired the publication of this Special Issue of the Goettingen Journal of International Law (GoJIL) to ensure that the outcomes and ideas of the workshop reach a wider audience. It has also contributed to maintaining the momentum of this topical area of international law by inviting contributions from researchers not present during the workshop in Hamburg.12
Topic:: Environment, International Law, and Non State Actors
Political Geography:: Global Focus

97. Reflections on the Legality of Attacks Against the Natural Environment by Way of Reprisals

Author:: Stavros-Evdokimos Pantazopoulos
Publication Date:: 07-2020
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: The paper examines the concept of belligerent reprisals and assesses the legality of attacking the environment by way of reprisals. The law of belligerent reprisals, which is linked to the principle of reciprocity, allows one belligerent State unlawfully injured by another to react by means of what under normal circumstances would constitute a violation of the jus in bello, so as to induce the violating State to comply with the law. The instances of lawful recourse to reprisals have been considerably limited, since their application is either explicitly prohibited against certain protected persons and objects, including against the natural environment, or is subject to stringent conditions according to customary International Humanitarian Law (IHL). Despite its narrowing scope, the doctrine of reprisals remains a valid concept under the existing legal framework. For one, the state of affairs under customary international law with respect to reprisals directed at civilian objects (including against parts of the environment), subject to certain rigorous conditions, remains unclear. To complicate matters even further, any proposition on the status of reprisals in the context of a non-international armed conflict (NIAC) is shrouded in controversy, as there is no relevant treaty provision. In this regard, the present author endorses the approach espoused in the International Committee of the Red Cross (ICRC) Study on Customary IHL, namely to altogether prohibit resort to reprisals in the context of a NIAC. Turning to the status of reprisals against the natural environment under customary IHL, it is argued that a prohibition of attacks against the natural environment by way of reprisals is in the process of formation with respect to the use of weapons other than nuclear ones. All things considered, the International Law Commission (ILC) was confronted with an uncomfortable situation in the context of its work on the ‘Protection of the Environment in Relation to Armed Conflicts’. By sticking to the verbatim reproduction of Article 55(2) of Additional Protocol I, the ILC chose the proper course of action, since any other formulation would not only undercut a significant treaty provision, but might also result in the normative standard of conduct being lowered.
Topic:: Environment, International Law, Humanitarian Intervention, and Red Cross
Political Geography:: Global Focus

98. Through the Looking Glass: Corporate Actors and Environmental Harm Beyond the ILC

Author:: Daniella Dam-de Jong and Saskia Wolters
Publication Date:: 07-2020
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: Corporate activities take place in a variety of social contexts, including in countries affected by armed conflict. Whether corporations are physically present in these regions or merely do business with partners from conflict zones, there is an increased risk that their activities contribute to egregious human rights abuses or serious environmental harm. This is especially so for corporations active in or relying on the extractives sector. It is against this background that the ILC included two principles addressing corporate responsibility for environmental harm in its Draft Principles on the protection of the environment in relation to armed conflict. Both principles explicitly call on the home States of these corporations to give effect to their complementary role in regulating and enforcing corporate social responsibility. Draft Principle 10 addresses the responsibility of home States to regulate multinational corporations under the heading of “corporate due diligence”, while Draft Principle 11 addresses the responsibility of home States to hold multinational corporations liable for environmental damage caused in conflict zones. The current contribution engages with the potential normative foundations underpinning extraterritorial responsibilities for the home States of multinational corporations with respect to the prevention and remediation of environmental harm in conflict zones, focusing on international humanitarian law and international human rights law. It concludes that the Draft Principles are certainly indicative of the direction in which the law is evolving, but that no firm obligations beyond treaty law can be discerned as of yet. It was therefore a wise decision to phrase the respective Draft Principles as recommendations instead of obligations. At the same time, there are sufficient indications to conclude that it seems a matter of time before it is accepted that States have distinct obligations under customary international law for which their responsibility may be engaged. It is argued that the ILC Draft Principles provide an important impetus to these developments, not in the least because they provide a reference to States regarding the state-of-the-art and guidance for future action.
Topic:: International Law, Conflict, and Multinational Corporations
Political Geography:: Global Focus

99. Business, Armed Conflict, and Protection of the Environment: What Avenues for Corporate Accountability?

Author:: Marie Davoise
Publication Date:: 07-2020
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: In July 2019, the International Law Commission (ILC) provisionally adopted, on first reading, a series of draft principles on the protection of the environment in relation to armed conflict (the Draft Principles). The role of businesses in armed conflict is addressed in Draft Principle 10 and Draft Principle 11. The latter, in particular, requires States to implement appropriate measures to ensure that corporations operating in or from their territories can be held accountable for environmental harm in the context of armed conflict. The inclusion of those two Draft Principles reflects increasingly vocal calls for corporate accountability, which has been the focus of the growing field of Business and Human Rights (BHR), an umbrella term encompassing a variety of legal regimes from tort law to criminal law. This contribution will look at the link between businesses, the environment, and armed conflict. Using the newly adopted Draft Principle 11 as a starting point, it explores three major liability regimes through which businesses could be held accountable for damage to the environment in armed conflict: State responsibility, international criminal law, and transnational tort litigation. Using case studies, the article discusses some of the challenges associated with each of those regimes, before concluding that the cross-fertilization phenomenon observed in this article (between public/private law, domestic/international level, and across various jurisdictions) is making BHR an increasingly salient discipline and useful tool in the fight against impunity for corporate environmental harm in armed conflict.
Topic:: Human Rights, International Law, Business, and Conflict
Political Geography:: Global Focus

100. The Martens Clause and Environmental Protection in Relation to Armed Conflicts

Author:: Dieter Fleck
Publication Date:: 07-2020
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: The existing treaty law on the protection of the natural environment during armed conflicts is less than adequate. Treaty provisions relating to international armed conflicts are limited to the prohibition of damage of an extreme kind and scale that has not occurred so far and may hardly be expected from the conduct of hostilities unless nuclear weapons would be used. Even in such a scenario, States possessing nuclear weapons have explicitly objected to the applicability of that treaty law. For internal wars, no pertinent treaty provisions exist in the law of armed conflict. Yet multilateral environmental agreements concluded in peacetime stand as an alternative approach to enhance environmental protection during war. As a civilian object, the environment may not be targeted nor attacked in an armed conflict, but this does not exclude collateral damage, nor does this principle as such offer specific standards for proportionality in attacks. In an effort to close these apparent gaps of treaty law, the present contribution looks into other sources of international law that could be used. In this context, the author revisits the role of the famous Martens Clause in the interplay of international humanitarian law, international environmental law, and human rights law. The role of the Clause in closing gaps caused by the indeterminacy of treaty law is reviewed and customary rules, general principles, and best practices are considered to this effect. For the protection of the natural environment during armed conflicts, the Martens Clause may, indeed, be used as a door opener to facilitate the creation and application of uncodified principles and rules. Particular standards for proportionality in attacks can be derived from the Martens Clause. Pertinent soft law instruments need to be developed in international practical cooperation and by academia. Yet it deserves further study to explore whether, and to what extent, the Martens Clause, which was adopted in the law of armed conflict, may also apply in post-conflict peacebuilding as a case of interaction between the jus in bello and the jus post bellum, at least as far as the protection of the natural environment is concerned.
Topic:: International Law, Treaties and Agreements, Humanitarian Intervention, and Conflict
Political Geography:: Global Focus

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COLUMBIA UNIVERSITY PRESS