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121. The Rise and Decline of the Liberal World Order and the Multilateral Trade System: A Critical-Constructivist Synthesis to International Regime Analysis

Author:
Serdar Altay
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
This article devises an analytical framework that synthesizes neo-Gramscian and social constructivist perspectives to dissect international regimes amid global hegemonic shifts. It portrays regimes as intersubjective constructs with unique social purposes within the broader hegemonic fabric, shaped by dominant ideologies and power distributions. The study examines the transition of the trade regime from General Agreement on Tariffs and Trade (GATT) to World Trade Organization (WTO) through the Uruguay Round (1986-1994) and the Doha Round’s deadlock since 2001. The article posits that the Uruguay Round marked a pivotal hegemonic transformation, transitioning the regime from embedded liberalism to neoliberalism by transforming its social purpose, norms, and generative grammar. Yet, this shift, which precipitated a legitimacy crisis within the WTO and was exacerbated by the Doha Round’s failure to regenerate neoliberal hegemony with a fresh synthesis of free trade and sustainable development, arguably rendered the WTO directionless and contributed to the fragmentation of global trade governance amidst emerging regional pacts and varied ideological visions of economic liberalism.
Topic:
Liberalism, WTO, International Order, Critical Theory, Social Constructivism, and International Regimes
Political Geography:
Global Focus

122. How Has South Africa’s Membership of BRICS Intensified Uneven and Combined Development in the Country and Beyond?

Author:
Sinan Baran
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
The recent African scramble has resulted in uneven and combined development (UCD) in Sub-Saharan Africa (SSA) throughout the 21st century due to unequal exchange. South Africa plays a sub-imperial role in this scramble in SSA. It both exploits and is exploited. The mining industry in South Africa has attracted interest from colonial powers, English-speaking businesses, and foreign investors, making it a highly lucrative sector. Furthermore, most black South Africans have been employed in the mining industry since the late 19th century. Over the past 25 years, the African National Congress government has utilised the mining industry to achieve economic transformation through black economic empowerment policies. This study proposes that the mining sector in South Africa is responsible for the ongoing UCD, despite receiving new investments and empowerment policies. South Africa’s inclusion in BRICS has broadened its range of international partners beyond its traditional Western or African counterparts. However, South Africa’s decision to join the BRICS group in 2011 has not yet yielded the expected transformation in the country’s economy and growth. As a result, it is uncertain whether South Africa’s BRICS membership has addressed the country’s persistent problem of UCD. This study argues that South Africa’s BRICS membership has exacerbated UCD in the country. This study proposes that Trotsky’s UCD analytical framework is useful for analysing South Africa’s policy choice to join BRICS, which strengthens its sub-imperial role.
Topic:
International Relations, Development, Mining, Industry, BRICS, Economic Transformation, Unequal Exchange, Sub-imperialism, and Transnational Capital
Political Geography:
Africa and South Africa

123. An Ecofeminist Contribution to the Debates on the Neoextractivist Development Model in Latin America

Author:
Esra Akgemci
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
This article presents a materialist ecofeminist critique of neoextractivism by highlighting its historical origins and elaborating its economic policy implications in Latin America. Three questions addressed are as follows: 1) How can materialist ecofeminism contribute to understanding the current dynamics of capitalist development in the Global South, 2) why (neo)extractivism hits women hardest, and 3) to what extent and how ecofeminist movements can shape a post-extractivist transition to a just and sustainable future. The article’s main argument is that exploitation and oppression in Latin America can be understood in terms of gender, race, and class and, therefore, require an intersectional analysis framework. Within this framework, post-extractivist alternatives in this region must incorporate an ecofeminist analysis to understand better how social expression systems (including sexism, white supremacy, and ecological crises) intersect and reinforce each other. In this framework, this study is intended to contribute to the growing literature and debate on the development and resistance dynamics of neoextractivism in Latin America, where long-standing racial and gender inequalities intersect with class inequalities.
Topic:
Development, Capitalism, Patriarchy, Materialism, Social Reproduction, Ecofeminism, and Neo-Developmentalism
Political Geography:
Latin America

124. Resistance and Change in Form and Content of International Law: A Third World Perspective on Commodity Form Theory of International Law

Author:
Muhammad Azeem
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Can Marxists, especially in the Third World, use international law for progressive social change? Responding to the Soviet Union's context and its jurisprudential challenges in constructing socialism, Pashukanis's seminal work on commodity form theory is nihilistic, assuming the very nature of form of international law as bourgeois with limited possibilities of radical change as its new content. European Marxism, on the other hand, in its context of revolutionary defeat and consequent postmodernist pessimism of cultural Marxism, either relies on Pashukanis's nihilistic position or a pragmatist and realist posture, insisting on staying within the law's bourgeois form and being content with social democracy. As opposed to this, Third World Approaches to International Law (TWAIL) scholars, while exploring the imperialist nature of international law and representing one variant of Third World Marxism, have been more optimistic, wanting to use international law to restrain and shield against powerful Western states, i.e., they believe that the content of Third World resistance can change the form of international law. This article deconstructs this class “content” of international law in the understanding of TWAIL and shows the postcolonial Third World states, and even in the yet to be independent states, were dominated by their dependent local elite, which had compromised by the ex-colonizers and had started blocking radical structural changes in Third World. Soon, the target of imperialism and the Third World elite became radical movements in the Third World, and this struggle of the marginalized shaped international law. Therefore, relying on the radical tradition of Third World Marxism and taking the right of self-determination as an example, this article argues that both the content and form of international law were simultaneously used, subverted, and changed in a dialectical and dynamic way by the resistance of the people of the Third World.
Topic:
International Relations, International Law, Socialism/Marxism, Resistance, Self-Determination, Third World Marxism, Western Marxism, and Soviet Official Marxism
Political Geography:
Global Focus

125. Racism, Xenophobia and Solidarity in Migration and Mobility Politics: Does COVID-19 make any difference?

Author:
Mojúbàolú Olufúnké Okome
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Ìrìnkèrindò: A Journal of African Migration
Institution:
Ìrìnkèrindò: a Journal of African Migration
Abstract:
This issue was originally planned to center on the COVID-19 pandemic, intended for publication at its peak. However, one of the lingering effects of the pandemic was the prolonged production timeline of this issue.
Topic:
Migration, Solidarity, Mobility, Xenophobia, COVID-19, and Racism
Political Geography:
Africa

126. The Neo-Global World: Past Baggage, Present Challenges, Future Prospects

Author:
Dmitry Yevstafyev
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
THIS paper continues a series of articles on the neo-global world written by the author in recent years.1 It also examines problems stemming from attempts to simultaneously construct a new architecture of international relations and overcome the destabilizing legacy of the largely US-centric system of late globalization. The emerging multilevel dialectic in a number of regions, not always the most promising in terms of access to resources, forms “funnels of conflict” that lead to the destruction of the economic and sociopolitical systems previously formed there. The earlier proposed hypothesis about a “blank slate” in the space of international political and economic relations being necessary for the development of basic institutions and elements of the economic architecture of the new world is, unfortunately, confirmed. We are currently witnessing the simultaneous emergence of several potential spatial “blank slates” where differences between the world’s key powers are being resolved by military force, which could result in chains of small regional conflicts turning into a systemic crisis of the global political and economic architecture. Power factors of varying degrees of intensity (from hybrid wars to direct military confrontation of the world’s largest states) will play a decisive role in the development and management of this crisis. The need to resolve the crucial accumulated points of contention of the late-global world will be of paramount importance in the ongoing processes of not just transformations but global spatial transformations, as demonstrated by the political and military-political processes of 2020- 2022, which, for various reasons, including situational ones, have acquired an antagonistic nature in a number of cases.
Topic:
Economy, Ideology, International Order, and Geoeconomics
Political Geography:
Global Focus

127. Illiberalism in International Relations

Author:
Alexander Dugin
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
There are two main schools in the theory of international relations --- realism and liberalism. Realists believe that human nature is inherently flawed (the legacy of Hobbes’s anthropological pessimism and, on an even deeper level, the legacy of the Christian idea of the Fall, or lapsus in Latin) and cannot be fundamentally corrected, which means that selfishness, predation, and violence are impossible to eradicate. This leads to the conclusion that man (who, according to Hobbes, is a wolf to another man) can only be restrained and regulated by means of a strong state. The state is inevitable and is the bearer of supreme sovereignty. At the same time, the predatory and egoistic nature of man is projected onto the state; therefore, the nationstate has its own interests. These interests take into account only their own state, while the will to violence and greed mean war is always a possibility. Realists believe that this has always been and always will be. International relations are therefore based only on a balance of power between wholly sovereign entities. No world order can exist in the long term; there is only chaos, which changes as some states weaken and others strengthen. At the same time, the term “chaos” in this theory is not bad in itself; it is merely a statement of the actual state of affairs, derived from taking the concept of sovereignty very seriously. If there are several truly sovereign powers, no supranational order can exist between them to which all would submit. Were such an order to exist, sovereignty would not be complete, in fact, it would not exist at all, and only this supranational authority itself would be sovereign. The school of realism has traditionally been very strong in the US, starting with its first founders: Hans Morgenthau and George Kennan in the US, and Edward Carr in the UK.
Topic:
International Relations, Realism, Multipolarity, Illiberalism, and Posthumanism
Political Geography:
Russia and Global Focus

128. Hegel and the Theory of International Relations: General Paradigm of the Hegelian System

Author:
Alexander Dugin
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
LET us trace the influence of Hegel’s philosophy on the theory of international relations. It is most pronounced in Marxism and liberalism, while Hegel did not have much influence on realism. Let us examine this topic in more detail. Hegel articulated his views on politics most comprehensively in his Philosophy of Right.1 These views are based on his philosophy as a whole and represent an integral part of the entire system. Nevertheless, Hegel’s theory of the Political is presented in a rather original way and should be briefly described in order to identify his set of views on international politics. First of all, let us reiterate the general paradigm of Hegelian thought. It is based on the triadic principle “thesis – antithesis – synthesis” formulated by Johann Fichte.2 Fichte, for his part, derived it from the Neoplatonic tradition. Hegel did not, in fact, use the expression “thesis – antithesis – synthesis,” although the structure of his dialectics constantly revolves around a similar triadic scheme. According to Hegel, at the beginning of everything is the Idea-initself, or subjective Spirit. This is the main thesis. Next comes the moment of negation. Thus, the Spirit negates itself, alienates itself, and becomes Nature. In this moment of negation, the Spirit ceases to be in-itself and becomes for-the-Other. However, Nature and substance are not the first principle. It is just a moment of negation. Therefore, it is negative. Being negative, it indicates what it negates, being both its cancellation and, at the same time, its sublation or elevation (Aufhebung).3 This tension between two dialectical moments manifests as the Spirit that organizes and moves nature. A “potentiation” of layers of external existence takes place – from the physical and mechanical to the chemical and finally the organic. This process of unfolding of the spirit is the mind. In humans, the mind determines consciousness. Organic life in combination with human consciousness determines the third moment: the negation of the negation, or synthesis. In humans, the Spirit enters its final turn and moves toward the stage when the Idea can contemplate itself through humans, and the Spirit would become the Absolute Spirit – i.e., the Idea-for-itself.
Topic:
International Relations Theory, Philosophy, Empire, Multipolarity, Georg Wilhelm Friedrich Hegel, Spirit, Idea, and Simulacra
Political Geography:
Global Focus

129. NATO: Waging High-Tech Warfare

Author:
Yury Belobrov
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
THE rapid technological progress observed in the last decade throughout the world, especially in China and Russia, threatens the established sources of military and industrial dominance of the collective West on the world stage. NATO views this as an alarming trend, and in an attempt to stop it, bloc members are making a determined effort to preserve their militarytechnological leadership and the international order structured around their policies. To this end, they are initiating a new arms race, partially through the active incorporation into the military sphere of the latest breakthrough technologies (Emerging and Disruptive Technologies – EDT), which, they believe, can reverse the emerging multipolarity of international relations and radically change the nature of future wars. Thus, the Allies are stepping up collective efforts to master innovative technologies and introduce them into the operational activities of NATO and all member nations to ensure their victory in future high-tech wars. They emphasize the urgency of adapting the armed forces of said countries to the realities of global technological advancement. As the communiqué adopted at the Alliance summit in Vilnius in 2023 directly stated: “We are accelerating our own efforts to ensure that the Alliance maintains its technological edge in emerging and disruptive technologies to retain our interoperability and military advantage including through dual-use solutions.”1 The US, as the main sponsor of NATO militarism, demands that its allies and partners closely and expeditiously collaborate on the creation of novel weaponry utilizing these emerging technologies and dramatically increase investment in various EDT projects and adapt their armed forces to them. Under the US’s diktat, Brussels and its American allies are creating new bureaucratic and financial entities. Private businesses and academic and research institutions are also being drawn into this sphere. To speed up this process, at the urging of Washington at the NATO summit in Brussels in 2021, a strategic initiative was launched to create the NATO Defense Innovation Accelerator for the North Atlantic (DIANA), which will manage and coordinate all this activity within NATO. The main task of this organization is to form an innovative technological network that unites R&D centers, innovative start-ups, defense enterprises, and military agencies in order to simultaneously and rapidly master all types of dual-use EDT technologies and implement them in the civilian and military fields. In addition to these efforts, a decision was also made to form a €1 billion NATO Innovation Fund to finance venture capital companies developing dual EDT in areas of strategic importance to NATO. Essentially, these decisions by the alliance are aimed at mobilizing European resources, primarily to strengthen American military power. Of course, the main efforts to field the latest technologies are being undertaken by the largest member nations.
Topic:
NATO, International Cooperation, Weapons, Innovation, Emerging Technology, High-Tech Wars, and Military and Industrial Advantage
Political Geography:
Russia, Europe, and United States of America

130. The Global West and Global South: Development Paths

Author:
Maria Zakharova
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
I would like to highlight the fact that Russia is notably absent, it would seem, from the “South-West” paradigm. This is because our country cannot be fully categorized as either Western or Southern. We exist everywhere, and yet we do not fit neatly into these constructs. Some perspectives associate Russia with the Global North, while others link us to the Global East. However, [Russia’s] 2023 Foreign Policy Concept, which Alexander Vladimirovich Yakovenko referenced, defines the Russian Federation as a “unique state-civilization and a vast Eurasian and Euro-Pacific power” – a scope broader than these conventional classifications. And in the context of our discussion today, it is imperative to acknowledge Russia’s influence on global affairs. The concept of the Global West is relatively straightforward; it encompasses the US, the EU countries, and to some extent the Asia- Pacific region, knit together by American-centric military, political, and economic alliances – what they call Euro-Atlantic values. This is a product of the historical West, which has been extending its influence over the non-Western world for around five centuries, starting from the Age of Discovery, in an attempt to dominate it by all possible means. However, it is worth noting that calling the current era neocolonialism may be overly generous. I would refrain from such a characterization, as it gives too much credit. While there are undoubtedly flaws in these cultures, they also have rich cultural histories. In recent decades, individuals have risen to power in the US and Britain whose thinking is characterized more by piracy and banditry than by a philosophical understanding of colonialism, which is by no means good. But this is worse than neocolonialism – it is outright robbery. To illustrate, I once used the analogy of the US acting like a cowboy in the Louvre who simply shoots everything in sight, unaware that the objects before him are valuable works of art.
Topic:
Security, Treaties and Agreements, Developing World, State, BRICS, Civilization, and Regional Organizations
Political Geography:
Russia, United States of America, Global South, and Global West

131. Civilizational War: The Will to Win

Author:
Andrey Ilnitsky
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
The US National Security Strategy defines the US as a global hegemon that sees no dividing lines between domestic and foreign policies and treats the world as its sphere of interests.
Topic:
Foreign Policy, Globalization, National Security, War, Hegemony, Ideology, Civilization, Deep State, and Generative Models
Political Geography:
Russia and United States of America

132. Nationality and the Right to Enter: Assessing the Impact of Refusal of Entry for the Purpose of Statelessness Determination

Author:
Cecilia Manzotti
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
This article considers the legal situation of migrants, including rejected asylum seekers, who are unable to enter what was, until then, regarded as their country of nationality. This is because that country, without explicitly disputing their nationality, either prohibits their entry or de facto prevents them from entering its territory by failing to issue travel documents or respond to requests for consular assistance for organising return. By examining the conceptualisation of nationality in international law on the one hand, and the international legal definition of a stateless person on the other hand, the article argues that the right to enter the territory of one’s state is so essential to the concept of nationality that refusal of entry and denial of consular assistance for arranging return should be regarded as evidence that the state does not consider a person as its national. Based on this argument, the article further assesses the suitability of the United Nations High Commissioner for Refugees’ guidance on statelessness determination in cases of direct or indirect denial of entry. Ultimately, this contribution aims to clarify the scope of the international legal definition of a stateless person by strongly grounding its interpretation in the conceptualisation of nationality in international law.
Topic:
Nationality, Migrants, Right of Entry, Refusal of Entry, Statelessness, and Asylum Seekers
Political Geography:
Global Focus

133. Reconfiguration of Citizenship Beyond State Boundaries in Rojava

Author:
Atefeh Ramsari
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
This paper seeks to investigate different modes of practicing citizenship in two political settings. One, in which an ethno-national state sets boundaries of membership and excludes some groups accordingly. The other, a democratic confederal system where neither state nor ethnic boundaries play a role in the configuration of citizenship. This empirical study looks at the individual perceptions and experiences of membership by stateless persons living in Rojava before and after the establishment of the Autonomous Administration of North and East Syria. The stateless Kurds in the north of Syria, in the time of the Ba’ath government, had limited access to resources and their social life was restricted. When northern Syria (‘Rojava’) went through fundamental institution-building to implement democratic self-administration and confederalism, the conceptualisation of citizenship changed within the context of reclaiming power from the State. This is understood as a transformation from people as state objects into active actors. My discussion here focuses on how the stateless groups develop a sense of belonging, reposition the political demands and arrange social engagement horizontally. An important issue emerging from the findings is that daily membership experiences are remarkably associated with active voluntary participation in the organisation of the community. In the self-organising system, regardless of the precarious legal status the persons are holding, citizenship content and consequences in daily life are more inclusionary and egalitarian.
Topic:
Citizenship, Kurds, Belonging, Statelessness, Rojava, and Autonomous Administration of North and East Syria (AANES)
Political Geography:
Middle East and Syria

134. 'I Don't Know What Tomorrow will Bring': Understanding COVID-19’s Impact on the United States’ Stateless Population

Author:
Ashley Walters, Taryn Painter, and Heidi Meyers
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
In March 2020, COVID-19 was declared by the World Health Organisation (‘WHO’) as a global pandemic. Since the WHO’s declaration, it has become increasingly clear that the most vulnerable communities have experienced the brunt of the pandemic. Though race, ethnicity and economic status are considered in a majority of reports on the social, physical and financial impacts of COVID-19, there is little to no information on the impact of COVID-19 on stateless communities within the United States (‘US’). This research endeavours to add to the understanding of statelessness in the US by determining the impacts of COVID-19 on stateless people in the US through a survey scoping project. Through anonymous questionnaires completed by stateless individuals (n=19) in the United States, this study explores how stateless individuals have been impacted by the pandemic, including experiencing economic hardships, mental health challenges, physical health concerns and issues with documentation and legal status.
Topic:
Health, Economy, Mental Health, Pandemic, COVID-19, Stateless Population, Vulnerability, Legal Status, and Documentation
Political Geography:
North America and United States of America

135. Getting Statelessness Published: Pathways to Publication for Early Career Researchers in the Field of Statelessness Studies

Author:
Barbara von Rütte
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
In Hungary, four legislations regulating citizenship-related issues in detail had been enacted starting from the second half of the 19th century. The Hungarian legislation recognises the legal status of statelessness and the concept of a stateless person. Hungary has ratified both the 1954 Convention relating to the Status of Stateless Persons(‘1954 Convention’)1 and the 1961 Conventionon the Reduction of Statelessness (‘1961 Convention’).2 Consequently, there was an intention to find a solution for persons who submit an application for stateless status in its territory. In this commentary, I introduce the Hungarian citizenship legislation in force, particularly focusing on the articles concerning the acquisition of Hungarian citizenship and how these relate to statelessness. I examine whether statelessness is adequately addressed in the legislation governing the acquisition of Hungarian citizenship and whether the legislation in force is able to provide appropriate safeguards in order to prevent statelessness, especially childhood statelessness. Comprehensive analysis regarding this matter is currently lacking. I argue that the situation in Hungary could be viewed as a ‘glass half empty’, as the citizenship legislation does provide some safeguards against statelessness, but significant flaws remain in the legislation regarding the prevention of statelessness, especially childhood statelessness. The National Assembly should address these gaps toenable Hungary to fulfil its international obligations under the 1961 Conventionto prevent and eradicate childhood statelessness. This commentary only focuses on the examination of the citizenship law and its safeguards against statelessness. I do not extend the analysis to the Hungarian statelessness determination procedure.
Topic:
Citizenship, Naturalization, Legislation, Statelessness, and Hungarian Citizenship Act
Political Geography:
Europe and Hungary

136. Habbal et al v Argentina: The Inter-American Court of Human Rights’ Test on Arbitrary Deprivation of Nationality

Author:
Maria Jose Recalde-Vela
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The right to a nationality is enshrined under art 20 of the American Convention on Human Rights (‘ACHR’),1 which states that: 1.Every person has the right to a nationality. 2.Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality. 3.No one shall be arbitrarily deprived of his nationality or of the right to change it. The two bodies that oversee the implementation of the ACHRare the Inter-American Commission on Human Rights (‘IACommHR’) and the Inter-American Court of Human Rights (‘IACtHR’).2Despite the fact that not many cases concerning violations of art 20 of theACHRhave been heard before the IACtHR, the Court’s decisions to date have ‘reinforced guarantees against statelessness which establish limits to State discretion in this regard’.3 This is also true in matters concerning the right to a nationality. This case note discusses the case of Habbal et al v Argentina(‘Habbalet al’),4 in which several important issues were raised regarding nationality matters and broader human rights questions in the context of human mobility. This note analyses the matter of arbitrary deprivation of nationality, as the case offers an important addition to the IACtHR’s jurisprudence on nationality. Even though the ruling was not in favour of the victims, this decision is nevertheless valuable for its discussion on the scope of the prohibition of the arbitrary deprivation of nationality; an issue of growing concern worldwide.
Topic:
Human Rights, Law, Nationality, Jurisprudence, Habbal et. al. v. Argentina, and Inter-American Court of Human Rights
Political Geography:
Argentina and South America

137. Statelessness Before the ICJ: The Gambia v Myanmar

Author:
Jade Roberts
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The ongoing proceedings in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v Myanmar)1have been recognised as significant for a number of reasons.2First, the proceedings concern genocide, which isregarded as the most heinous of crimes,3and due to issues of jurisdictional limitations in parallel proceedings in the International Criminal Court (‘ICC’),4theInternational Court of Justice (‘ICJ’ or ‘the Court’) may be the only international court capable of determining whether genocide has occurred.
Topic:
Genocide, International Court of Justice (ICJ), Rohingya, and Statelessness
Political Geography:
Southeast Asia, Myanmar, and Gambia

138. The abuse of a motion of no confidence in Lesotho: Triggers and impact

Author:
Mokete Pherudi
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The article notes that the motion of no confidence in the Prime Minister (PM) in Lesotho is provided for in the Constitution, but different political leaders have abused it on several occasions for various party political and subjective reasons. This article, therefore, explores the abuse of this provision, its triggers, and how they have impacted the political stability and socioeconomic situation in the country. Lesotho is a constitutional democracy governed by a constitution adopted in 1993. One of the provisions of this Constitution is Section 87,1 which deals with a ‘motion of no confidence’. Constitutionally, the government must, at all times, enjoy the confidence of the National Assembly, and Section 87(2) of the Constitution embodies the principle that: The King shall appoint as Prime Minister the member of the National Assembly who appears to the Council of State to be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the National Assembly.2 Similarly, the Constitution gives Parliament the power to withdraw confidence from the government of the day. The passing of the motion of no confidence requires a simple majority, and any member of Parliament can propose it.3 The only precondition for a motion of no confidence in government is the name of a member of the National Assembly for the King to appoint in place of the PM.4
Topic:
Politics, Governance, Constitution, and Parliament
Political Geography:
Africa and Lesotho

139. Enhancing synergies between peacebuilding and human rights interventions of the Africa Union (AU)

Author:
Ojot Miru Ojulu
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Maintaining international peace and promoting the development and protection of human rights are three pillars upon which the United Nations (UN) is founded. This innate relationship between peacebuilding and human rights has been underscored several times by the UN. For instance, addressing the UN Security Council on 18 April 2017, UN Secretary-General António Guterres said, ‘upholding human rights is a crucial element of [conflict] prevention’ and ‘human rights are intrinsically linked to sustaining peace.’1 For the African Union (AU), the promotion of peace, security, and stability, on the one hand, and the promotion and protection of human and peoples’ rights, on the other hand, are among its key objectives.2 Despite this intrinsic relationship between peacebuilding and human rights, less attention has been given to mainstreaming this relationship into the decisions, interventions, and institutions of the AU. This article aims to shed light on the nexus between peace and human rights and why it is important for sustainable peace on the continent. In the first section, the article will analyse the peacebuilding and human rights nexus, and then the second section will zoom in on key peacebuilding and human rights frameworks under the AU. Finally, the article will highlight how peacebuilding and human rights could be better integrated under the AU frameworks and operations.
Topic:
Development, Human Rights, African Union, and Peacebuilding
Political Geography:
Africa

140. SADC and election-related conflicts in Zimbabwe: An assessment and recommendations

Author:
Tinashe Sithole
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This article evaluates the role of the Southern Africa Development Community (SADC) in resolving electoral conflicts in Zimbabwe, emphasising the organisation’s constrained enforcement capacity and reliance on diplomatic strategies. The discussion delves into the SADC and African Union (AU) institutional structures and preparedness to manage such conflicts, assessing their effectiveness in promoting democratic governance standards within the region. The author contends that, despite articulating governance norms, SADC’s intervention efforts are hindered by enforcement limitations and solidarity rooted in liberation movements, necessitating a reliance on moral persuasion and diplomatic tactics. The consequence is the violation of the SADC guidelines1 and principles governing democratic elections. Since 1985, Zimbabwe has faced election-related conflicts, with an escalating trend since the 2000s. The AU and SADC, as continental brokers, often intervene belatedly, lacking coercive authority. SADC’s coercive authority involves sanctions and military intervention, contingent on Member States’ consensus and collective commitment. Despite normative frameworks, there are allegations of rigging in Zimbabwe’s elections. The crucial question is whether SADC can effectively prevent civilian deaths in the electoral process, given that in the 2018 and 2023 disputes, the Responsibility to Protect was solely entrusted to the state. The article concludes by emphasising the significance of interpreting election-related conflict violations for adequate SADC attention and intervention. The historical lack of SADC intervention in violent election incidents across SADC countries has contributed to large-scale violence in subsequent instances, exemplified by Zimbabwe’s 2018 and 2023 elections.
Topic:
Diplomacy, Elections, Conflict, and South Africa Development Community (SADC)
Political Geography:
Africa and Zimbabwe