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1081. Settler-State Political Theory, 'CANZUS' and the UN Declaration on the Rights of Indigenous Peoples

Author:
Kirsty Gover
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, rights that do not derive from those bargains threaten to undermine them. This is especially true of self-governance and collective property rights, which are corporate rights vested to historically continuous indigenous groups. Since these rights cannot easily be reconciled with the equality and non-discrimination principles that underpin mainstream human rights law, settler governments must navigate two modes of liberalism: the first directed to the conduct of prospective governance in accordance with human rights and the rule of law and the second directed to the reparative goal of properly constituting a settler body politic and completing the constitution of the settler state by acquiring indigenous consent. Agreements help to navigate this tension, by insulating indigenous and human rights regimes from one another, albeit in ways not always supported by the UNDRIP.
Topic:
Human Rights, International Law, United Nations, and Governance
Political Geography:
Europe, Canada, United Nations, Australia, New Zealand, and United States of America

1082. Internet Freedom and Human Rights

Author:
Daniel Joyce
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article considers whether the Internet has become so significant, for the provision of, and access to, information and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of expression. In short, should Internet freedom be configured as a human right? The article begins by considering the ubiquity of the Internet and its significance. A wider historical view is then taken to understand Internet freedom in terms of its lineage and development from earlier debates over freedom of expression and the right to communicate, through to the recognition of the significance of an information society and the need for Internet regulation on the international plane. The current debate over Internet freedom is then analysed with particular focus given to Hillary Clinton’s speech on Internet freedom and its subsequent articulation by Special Rapporteur Frank La Rue. The concluding part introduces the critical work of Evgeny Morozov and Jaron Lanier to an international law audience in order to deepen the debate over Internet freedom and to point to the concept’s limitations and dangers. It is too early to say whether a ‘right to Internet freedom’ has achieved universal recognition, but this article makes the case that it is worth taking seriously and that Internet freedom may need its own category of protection beyond freedom of expression.
Topic:
Human Rights, International Law, History, Regulation, Internet, and Freedom of Expression
Political Geography:
Europe, Global Focus, and United States of America

1083. Double Remedies in Double Courts

Author:
Sungjoon Cho and Thomas H. Lee
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article uses an ongoing trade controversy litigated in US courts and the World Trade Organization dispute resolution system as a vehicle for exploring different models to deal with parallel adjudications in different legal systems between the same or related parties on the same issue. In lieu of more traditional models of subordination or first-to-decide sequencing, the article proposes an engagement model as a solution to the double-courts, single-issue problem.
Topic:
International Law, International Trade and Finance, World Trade Organization, and Courts
Political Geography:
China, Europe, and United States of America

1084. Surabhi Ranganathan. Strategically Created Treaty Conflicts and the Politics of International Law

Author:
Sabrina Safrin
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
Treaty conflicts may be inevitable, but what do we make of conflict by design? In Strategically Created Treaty Conflicts and the Politics of International Law, Surabhi Ranganathan thoughtfully explores nations’ purposeful creation of conflicts between treaties to advance their political goals and to restrict the impact of treaties to which they object. Essentially, states fight legal fire with legal fire. If they object to a multilateral treaty regime, they create another regime that effectively conflicts with, or cabins, the treaty regime that they object to rather than simply walking away.
Topic:
International Law, Treaties and Agreements, Book Review, and Law of the Sea
Political Geography:
Europe and United States of America

1085. M. Sornarajah. Resistance and Change in the International Law on Foreign Investment

Author:
Harm Schepel
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
In 1994, Muthucumaraswamy Sornarajah published the first edition of his treatise, The International Law on Foreign Investment. There, he sought to demonstrate that investment law as a separate branch of international law was ‘in the process of development’ and could and should be isolated for separate study. Organizing his material from the disparate sources of domestic law, contract-based arbitration and public international law along the overarching tension between the interests of developing countries and those of traditionally capital-exporting states, his stated aim was to ‘help in the identification of the nature of the disputes’, which would lead, in turn, to the ‘formulation of acceptable solutions’. The treatise was a well-timed pioneering effort that rightfully earned the author a lasting reputation as one of the founding fathers and towering figures of the academic discipline. There seems to be no one better placed, then, to ask, 20 years on, what happened or, rather, what went wrong. Investment law has developed with breathtaking speed into a (very) separate branch of international law – yes – but almost entirely on the waves of treaty-based investor–state arbitration, which has all but eclipsed contractual and domestic processes, at least in terms of academic interest. And this system has, in the eyes of Sornarajah and many others, rather spectacularly failed to lead to ‘acceptable solutions’, especially for developing countries.
Topic:
International Law, Treaties and Agreements, Foreign Direct Investment, Neoliberalism, and Book Review
Political Geography:
Europe and United States of America

1086. Courting a New Ally in the Quest for Equality: Closing the Implementation Gap between Law and Practice in India

Author:
Jasmine Wyatt
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
The Ambassadors Review
Abstract:
India has a long history of passing laws and signing treaties and conventions focused on eliminating violence against women and ensuring women’s equal rights. Some of the world’s most progressive laws are embodied in India’s Constitution: women had the right to vote and were considered equal citizens since the beginning of Independence—a feat even the United States and Britain did not manage to accomplish. Nevertheless, gender inequality remains a daily reality in India, sometimes with deadly consequences.
Topic:
Gender Issues, Human Rights, History, Governance, and Elections
Political Geography:
United Kingdom, India, and United States of America

1087. On US and Haiti Relations: The Ties that Bind

Author:
Pamela A. White
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
The Ambassadors Review
Abstract:
Haiti is the last country I will serve as a United States diplomat abroad and it was one of the first places I served early in my career. My perspec­tives on US and Haitian relations have ripened over decades of observation and years of first-hand experience. The question I have been asked most is: “Why does the US Government care about Haiti? There are only about 11 million Haitians, the majority are poor, and they don’t even speak English.” And then the same people answer their own question: “Oh, I know, the United States doesn’t want 40,000 boat people landing on its shores—better to keep them in Haiti!”
Topic:
Development, Diplomacy, Bilateral Relations, and Governance
Political Geography:
Haiti and United States of America

1088. The US Eligible-to-Naturalize Population: Detailed Social and Economic Characteristics

Author:
Robert Warren and Donald Kerwin
Publication Date:
11-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Naturalization has long been recognized as a crucial step in the full integration of immigrants into US society. Yet until now, sufficient information on the naturalization-eligible has not been available that would allow the federal government, states, localities, and non-governmental service providers to develop targeted strategies on a local level to assist this population to naturalize and to overcome barriers to eligibility. This paper remedies that deficiency by providing detailed estimates on the naturalization-eligible from data collected in the US Census Bureau’s American Community Survey (ACS).
Topic:
Government, Immigration, Reform, Naturalization, and Census
Political Geography:
United States of America

1089. Piecing Together the US Immigrant Detention Puzzle One Night at a Time: An Analysis of All Persons in DHS-ICE Custody on September 22, 2012

Author:
Donald Kerwin, Daniela Alulema, and Siqi Tu
Publication Date:
11-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper analyzes a dataset of every person in the custody of the US Department of Homeland Security Immigration and Customs Enforcement (DHS-ICE or ICE) on September 22, 2012, and compares this data with an earlier analysis of a similar dataset on detainees in DHS-ICE custody on January 25, 2009. DHS-ICE provided the 2012 and 2009 datasets in response to Freedom of Information Act (FOIA) requests from the Boston Globe and Associated Press. The paper sets forth findings related to: (1) the removal adjudication processes to which the detainees were subject; (2) the facilities in which they were held; (3) their length of detention; and (4) their criminal histories, if any.
Topic:
History, Immigration, Prisons/Penal Systems, Reform, and Homeland Security
Political Geography:
Global Focus and United States of America

1090. Unlocking Human Dignity: A Plan to Transform the US Immigrant Detention System

Publication Date:
06-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Unlocking Human Dignity: A Plan to Transform the US Immigrant Detention System addresses one of the most troubled features of the US immigration system and highlights the need for fundamental changes to it. The report comes six years since the inception of the Obama administration’s detention reform initiative. In the interim, the number of immigrant detainees per year has risen to more than 400,000, the administration has opened immense new family detention centers, and the overwhelming majority of persons in the custody of the Department of Homeland Security (DHS) have remained in prisons, jails and other secure facilities where they are subject to standards designed for criminal defendants and, in many ways, treated more harshly than criminals.
Topic:
Immigration, Prisons/Penal Systems, Border Control, Reform, and Homeland Security
Political Geography:
United States of America

1091. Humanitarian Protection for Children Fleeing Gang-Based Violence in the Americas

Author:
Elizabeth Carlson and Ann Marie Gallagher
Publication Date:
06-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
By the end of 2011, the US Customs and Border Protection (CBP) began to see a steady rise in the number of Unaccompanied Alien Children (UAC) from Central America, particularly from the Northern Triangle countries— El Salvador, Honduras and Guatemala—arriving to the US-Mexico border. The number of children entering the United States from these countries more than doubled during fiscal year (FY) 2012 and continued to grow through FY 2014. In FY 2013, CBP apprehended over 35,000 children. That number almost doubled to 66,127 in FY 2014, with Central American children outnumbering their Mexican counterparts for the first time. Research has identified high levels of violence perpetrated by gangs and drug cartels in the Northern Triangle countries and Mexico as a primary reason for this surge. Under the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) passed with bi-partisan support in 2008, children from Central America cannot be deported immediately and must be given a court hearing.
Topic:
Political Violence, War on Drugs, Border Control, Children, and Trafficking
Political Geography:
Central America and United States of America

1092. In Harm’s Way: Family Separation, Immigration Enforcement Programs and Security on the US-Mexico Border

Author:
Jeremy Slack, Daniel E. Martinez, Scott Whiteford, and Emily Peiffer
Publication Date:
06-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The Consequence Delivery System (CDS) is a suite of border and immigration enforcement programs designed to increase the penalties associated with unauthorized migration in order to convince people not to return (Rosenblum 2013). Despite its inauguration in 2011, many aspects of the CDS are not new. CDS does however, mark a shift from the deterrent strategy that, in the 1990s that relied heavily on the dangers of the natural terrain to dissuade unauthorized border crossers, to one that actively punishes, incarcerates, and criminalizes them. This article presents findings from the Migrant Border Crossing Study, a random sample survey of 1,100 recently deported migrants in six cities in Mexico conducted between 2009 and 2012. It examines the demographics and family ties of deportees, their experiences with immigration enforcement practices and programs under the CDS, and how these programs have reshaped contemporary migration and deportation along the US-Mexico border. The article covers programs such as criminal prosecutions of illegal entries under Operation Streamline, and the Alien Transfer and Exit Program (ATEP) or lateral repatriation program which returns immigrants to different locations from where they illegally entered. In relationship to these programs, it considers issues of due process and treatment of deportees in US custody. It also examines interior enforcement under Secure Communities, which, during the study period, comprised part of the overarching border security plan, and screened virtually everybody arrested in the United States against immigration databases.
Topic:
Crime, Demographics, Immigration, Border Control, and Reform
Political Geography:
Mexico and United States of America

1093. Book Review: Diaspora Lobbies and the US Government: Convergence and Divergence in Making Foreign Policy By Josh DeWind and Renata Segura, eds. New York, NY: Social Science Research Council and New York University Press, 2014. 320 pages.

Author:
Thomas Ambrosio
Publication Date:
07-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
While concerns about the loyalties of “hyphenated Americans” remain, the widespread acceptance of multiculturalism in American society has legitimized activities by ethnic groups to advocate within the US political system on behalf of their country of origin and its interests. This phenomenon is not new, but it has received heightened scholarly attention since the end of the Cold War for three reasons. First, given the level of American power, the United States has fewer constraints on its actions on the international stage and therefore its internal sources of conduct are more important — interest groups of all types could potentially influence US foreign policy to a greater degree than before. Second, the United States’ highly diverse ethnic composition means that nearly every event outside the country has an impact on at least some of its citizens; moreover, there are a multitude of ethnic groups vying for influence over US foreign policy. This diversity and mobilization has increased over the past few decades. Lastly, the decentralized nature of the American political system (and, in particular, the US Congress) allows for multiple points of entry into the policy-making process, which, in turn, grants these groups greater influence. Ethnic interest groups are a core part of this system and they must be taken into account when seeking to explain American foreign policy.
Topic:
Foreign Policy, Cold War, Politics, and Ethnicity
Political Geography:
United States of America

1094. The Role of U.S. Elite Military Schools in Promoting Intercultural Understanding and Democratic Governance

Author:
Carol Atkinson
Publication Date:
07-2015
Content Type:
Journal Article
Journal:
All Azimuth: A Journal of Foreign Policy and Peace
Institution:
Center for Foreign Policy and Peace Research
Abstract:
Educational exchanges at the U.S. military’s war and staff colleges promote intercultural understanding, international security, and help the United States achieve its foreign policy goals. This article provides an overview of the different types of U.S. military education and training programs that are open to foreign participation, and explores the differences between these and civilian exchange programs. It looks at the impacts of military educational exchange programs on their participants, and also draws lessons learned for the design and administration of exchange programs.
Topic:
Education, Governance, Military Affairs, Democracy, Soft Power, Constructivism, and Socialization
Political Geography:
North America, Global Focus, and United States of America

1095. Transatlantic Security, Defence and Strategy: Badly Needed Reforms

Author:
Peter M.E. Volten(ed.)
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
All Azimuth: A Journal of Foreign Policy and Peace
Institution:
Center for Foreign Policy and Peace Research
Abstract:
This year we celebrate the twenty-fifth anniversary of the downfall of communism in Europe, the fall of the Berlin Wall and the end of the Cold War. Students who started their postsecondary education this year were born about seven years after this anniversary, in 1996. And the freshmen of 1990 are now in their early forties. In Europe, the latter generation is about to take on political leadership and may still be aware of the ‘Idea of Europe’ as advocated by one of the fathers of the European Union, Jean Monnet: “No more war on this continent; we will build institutions and peace instead.” Today’s enrolling students probably do not remember this forceful idea; nor do they realise the significance of this inspiring idea in overcoming great difficulties to achieve a peaceful, democratic and prosperous EU. The freshmen of today may take this for granted while being rather more disturbed by the confusing world of globalisation, populist slogans such as ‘The War on Terror’, multilevel governance and a rippled sense of direction and political effectiveness in the EU or, for that matter, NATO; in other words, throughout the transatlantic world.
Topic:
Security, Defense Policy, NATO, Reform, and Transatlantic Relations
Political Geography:
Europe and United States of America

1096. Journal of Public and International Affairs 2014

Author:
Daphne McCurdy, Chikara Onda, Aaron Aitken, Lucia Adriana Baltazar Vazquez, John Paul Bumpus, John Speed Meyers, Pierina Ana Sanchez, Yolaine Frossard de Saugy, Melanie Harris, Steve Moilanen, Stephen Pritchard, Nicolas Collin dit de Montesson, and Naomi Crowther
Publication Date:
05-2014
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
From pressing foreign policy issues such as territorial disputes in the South China Sea and homicide rates in Honduras to contentious domestic policy debates such as the rights of Mexican immigrants in the United States and the construction of the Keystone pipeline, the topics in this year’s journal are wide-ranging in both functional and geographic focus. However, they all share a strong commitment to seeking solutions to the world’s most serious challenges through sound policy.
Topic:
Crime, Government, Oil, Poverty, Sovereignty, Bilateral Relations, Territorial Disputes, Foreign Aid, Immigration, Governance, Law, Cybersecurity, and Grand Strategy
Political Geography:
Africa, China, Iran, Canada, Philippines, Mexico, Honduras, United States of America, and South China Sea

1097. ¿Una estrategia coherente para una región en cambio? La política exterior de la administración Obama y la Primavera Árabe

Author:
Juan Tovar Ruiz
Publication Date:
10-2014
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
La política exterior de la Administración Obama se vio claramente marcada por los procesos de cambios producidos en el Próximo Oriente como consecuencia de la denominada Primavera Árabe. A la discusión previa existente sobre la existencia o no de una doctrina Obama se ha añadido el debate sobre cual puede ser su estrategia hacia una región que se ha convertido en el principal campo de batalla de los grupos ideológicos de la política exterior estadounidense: realistas, neoconservadores y liberales intervencionistas. La necesidad de equilibrar los intereses estratégicos y de seguridad estadounidenses con la promoción de valores como la democracia y los derechos humanos parece haber dado paso a un regreso a una estrategia realista, de intervención limitada, fundamentada en intereses estratégicos clave y en soluciones diferenciadas para diferentes contextos. La situación actual en escenarios como Siria o Irak, con todo, marcan importantes incertidumbres que deberán ser afrontadas a corto plazo.
Topic:
Foreign Policy, Democracy, Arab Spring, Ideology, and Strategic Interests
Political Geography:
Middle East and United States of America

1098. The US and Turkey in Search of Regional Strategy: Towards Asymptomatic Trajectories

Author:
Kostas Ifantis and Ionannis Galariotis
Publication Date:
10-2014
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
Security relations with the US have been critical for Turkey. Cold War strategic imperatives dictated typical bandwagoning policies, although disagreements and frictions were present at times. In the 2000s, a combination of domestic developments and rapidly changing regional security patterns has resulted in a more assertive Turkish regional security policy, which for many represents a departure from traditional Kemalist principles. This article attempts to assess the current course of Turkish regional security engagement and the extent to which relations between the USA and Turkey are subject to major change. The analytical context accounts for the impact of domestic, regional and global levels. The empirical focus is on Turkey’s involvement in the Syrian sectarian conflict and on the trajectory of the bilateral relations with Israel.
Topic:
Security, Diplomacy, Regional Cooperation, and Conflict
Political Geography:
Turkey, Middle East, Israel, Syria, United States of America, and Mediterranean

1099. España y Estados Unidos en un nuevo contexto estratégico

Author:
David García
Publication Date:
05-2014
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
La estrategia de seguridad nacional de 2013 establece una clara continuidad respecto a la estrategia de 2011 respecto al tratamiento de la alianza y las relaciones con EEUU, aspecto positivo que demuestra un acuerdo en una política de Estado fundamental para España. Sin embargo, tiende a ser más un documento de consenso político y declarativo/informativo, que una estrategia de seguridad con mayor calado y profundidad. En este sentido, el análisis y la construcción de la estrategia denota discutibles concepciones y percepciones sobre la estructura del sistema internacional y la conducta de las grandes potencias, que pueden crear narrativas, estrategias y políticas peligrosas en una situación de reducción de capacidades que pueden llevar a un dilema de seguridad. En este sentido, las alianzas y políticas estratégicas de España pueden moverse entre su reforzamiento (chain gangs) o su abandono (buckpassing), incluyendo planificaciones estratégicas más realistas. Una revisión del Convenio de Cooperación para la Defensa dentro del marco de profundización de la Declaración Conjunta de 2001 sería una opción estratégica de primer orden para la política de seguridad de España.
Topic:
Security, Bilateral Relations, Alliance, and Strategic Stability
Political Geography:
Europe, Spain, North America, and United States of America

1100. The (in)securisation by military technologies and the significance of violence : a case-study of the NATO military intervention in Libya (2011) | L’(in)sécurisation par les technologies militaires et la mise en sens de la violence: Le cas de l’intervention militaire de l’OTAN au-dessus de la Libye (2011)

Author:
Julien Pomarède
Publication Date:
03-2014
Content Type:
Journal Article
Journal:
Cultures & Conflits
Institution:
Cultures & Conflits
Abstract:
By applying an international political sociology to NATO’s military intervention over Libya, this paper proposes an analysis of securitization processes developed into particular military technologies and representations of the use of violence in the context of international military interventions. Our aim is to study securitization logics contained in the use of highly sophisticated military technologies allowing to create a particular sense of (in)security fixed on the referential of the use of violence. We try to demonstrate the different ways through which the use of violence is represented as more or less securing by an analysis of a practical and discursive construction of an opposition between NATO’s instrumental-rational use of violence and Gaddafi’s one, portrayed as irrational and indiscriminate.
Topic:
Security, NATO, Military Intervention, Conflict, and Violence
Political Geography:
Europe, Libya, North Africa, and United States of America