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5751. Who Wants What? – Final Offer Arbitration in the World Trade Organization

Author:
Jaime Tijmes
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
The World Trade Organization’s (WTO) Dispute Settlement Understanding (DSU) favours negotiated settlements for disputes. However, arbitrations according to Article 22.6 of the DSU have been carried out as compulsory conventional arbitrations, even though such arbitrations do not offer strong incentives for the parties to reach a settlement. For quite some time, scholars have studied other forms of arbitration that may encourage settlements more strongly, such as final offer arbitration. Yet this form of arbitration has received rather limited attention in the academic discussion about dispute settlement under the WTO. This article explores to what extent final offer arbitration might make sense for settling WTO disputes and concludes that it would be suitable for arbitrations pursuant to Article 22.6 of the DSU, specifically for setting the level of suspension of obligations and, under certain circumstances, for deciding on so-called cross-retaliation pursuant to Article 22.3 of the DSU. Before negotiations start, parties to a dispute should agree on final offer arbitration if arbitration should be deemed necessary. Such an agreement might be expressed in a pre-emptive joint proposal on procedural aspects. Amendment of the DSU would then be unnecessary.
Topic:
International Law, International Trade and Finance, Treaties and Agreements, and World Trade Organization
Political Geography:
Europe and Global Focus

5752. Michael Fakhri. Sugar and the Making of International Trade Law

Author:
Anna Chadwick
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Michael Fakhri in his book Sugar and the Making of International Law takes inspiration from Antony Anghie, a scholar who famously disrupted prevalent conceptions of public international law. Using sugar as a ‘trace element’, Fakhri follows Anghie’s lead in retracing the historical origins of international trade law in order to challenge pervasive perceptions about this legal regime. What he is keen to demonstrate is that free trade, like state sovereignty, is not something that international institutions are merely officiating. Rather, the meaning of this concept has shifted over time as it has been applied by different institutions and actors within the international legal order to differential effect. It has been both conditioned by, and received the conditioning of, broader political, economic and social forces. Critically, it is as much the product of international institutions governing trade as it is their purpose.
Topic:
Agriculture, Imperialism, International Law, International Trade and Finance, History, World Trade Organization, and Economy
Political Geography:
Britain, Europe, and Global Focus

5753. Her Whorl

Author:
Laura Coyne
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
A poem by Laura Coyne, originally written to celebrate the launch of The Women's Worldwide Web.
Topic:
Women
Political Geography:
Europe and Global Focus

5754. Functionalism! Functionalism! Do I Look Like Functionalism?

Author:
Laurence Boisson de Chazournes
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
In his EJIL Foreword, Jan Klabbers argues that the contemporary application of functionalism, understood as organizations being assigned functions, in order both to realize the common good and to deepen inter-state cooperation, is something of a theoretical straitjacket. However, can functionalism really be described as a ‘one-size-fits-all’ concept? It is the contention of this Comment that there are, in fact, different manifestations of the concept, including neo-functionalism and formal or informal functionalism. New realities in this field also reflect an evolved conception of functionalism, such as the increasing diversity of actors affected by, and influencing, international organizations, as well as the fact that institutions have become authorities in their own right. As a consequence, we may also observe the emergence of principles, often referred to as global administrative law principles, aimed at dealing with these new realities. The article recognizes that a functional orientation in designing the mandates of international organizations has contributed to overlaps and inefficiency. However, it argues that efforts have been made in pursuance of greater efficiency.
Topic:
International Law, International Organization, and World Trade Organization
Political Geography:
Europe and Global Focus

5755. Saving the Scarecrow

Author:
André Nollkaemper
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This brief Comment responds to Jan Klabbers’ recent article, ‘The Transformation of International Organizations Law’. It focuses on three points: the polemical style and disengagement with substance in the article; the question of whether we can do without some form of functionalism; and the further question of what it means to speak of ‘responsibility beyond functionalism’.
Topic:
International Law, International Organization, Law, and Critique
Political Geography:
Europe and Global Focus

5756. The Original Sin (and Salvation) of Functionalism

Author:
Guy Fiti Sinclair
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This Comment interrogates the central and determining role accorded to functionalism in Jan Klabbers’ account of international organizations (IOs) law in his recent article, ‘The EJIL Foreword: The Transformation of International Organizations Law’. Specifically, it expresses doubts regarding Klabbers’ designation of functionalism as the dominant, paradigmatic theory of IOs law; questions whether the article’s account of functionalism’s historical origins is persuasive; and argues that the ‘rise and fall’ narrative set forth in the article presents an overly sanitized picture of IOs law, largely free from political struggle. The development of IOs law has been more contested than Klabbers’ narrative suggests; minimizing that contestation carries the danger of closing off possibilities for reimagining IOs law today.
Topic:
International Relations, International Law, International Organization, and Critique
Political Geography:
Europe and Global Focus

5757. The Transformation of International Organizations Law: A Rejoinder

Author:
Jan Klabbers
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
Jan Klabbers responds to critiques by Laurence Boisson de Chazournes, André Nollkaemper and Guy Fiti Sinclair of his EJIL Foreword.
Topic:
International Relations, International Law, International Organization, and Critique
Political Geography:
Europe and Global Focus

5758. Mur sous ma main

Author:
Guillaume Landais
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
A poem by Guillaume Landais.
Topic:
Poem
Political Geography:
Europe and Global Focus

5759. Concessions or Coercion? How Governments Respond to Restive Ethnic Minorities

Author:
Arman Grigoryan
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
Destabilized multiethnic states and empires are environments that are highly susceptible to violent ethnonationalist conflict. Conflicts between states built on the ruins of such empires and their minorities are especially common. James Fearon has famously argued that these conflicts are the result of minorities' rational incentives to rebel, which in turn are the result of newly independent states' inability to guarantee that these minorities will not be discriminated against if they acquiesce to citizenship, as well as expectations that over time the balance of power will shift against minorities as states consolidate their institutions. States can, however, take steps to reassure their minorities. The puzzle is why they often fail to do so. In fact, states often adopt policies that confirm minorities' worst fears, pushing them toward rebellion. Such action may be precipitated by a state's belief that a minority is motivated by a separatist agenda rather than by the desire to have its concerns and grievances satisfactorily addressed. If secession is a minority's primary objective, then concessions intended to demobilize the minority will only make the state more vulnerable to future demands and separatist bids. The existence of third parties with incentives to support minority separatism exacerbates the problem. The violent and nonviolent minority disputes in post-Soviet Georgia illustrate these findings.
Topic:
Ethnic Government, Governance, Ethnicity, and Domestic Politics
Political Geography:
Europe, Asia, Georgia, and Global Focus

5760. Balancing in Neorealism

Author:
Joseph M. Parent and Sebastian Rosato
Publication Date:
11-2015
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
Does neorealism offer a convincing account of great power balancing behavior? Many scholars argue that it does not. This conclusion rests on a misunderstanding of neorealist theory and an erroneous reading of the evidence. Properly specified, neorealism holds that great powers place an overriding emphasis on the need for self-help. This means that they rely relentlessly both on arming and on imitating the successful military practices of their peers to ensure their security. At the same time, they rarely resort to alliances and treat them with skepticism. There is abundant historical evidence to support these claims. Since 1816, great powers have routinely achieved an effective balance in military capabilities with their relevant competitors and promptly copied the major military innovations of the period. Case studies show that these outcomes are the product of states' efforts to ensure security against increasingly capable rivals. Meanwhile, the diplomatic record yields almost no examples of firm peacetime balancing coalitions over the past 200 years. When alliances have formed, great powers have generally doubted the reliability of their allies and of their opponents' allies. Thus neorealism provides a solid foundation for explaining great power balancing behavior.
Topic:
International Relations, Geopolitics, Grand Strategy, and International Relations Theory
Political Geography:
United States, Prussia, and Global Focus

5761. How Realism Waltzed Off: Liberalism and Decisionmaking in Kenneth Waltz's Neorealism

Author:
Daniel Bessner and Nicolas Guilhot
Publication Date:
11-2015
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
Neorealism is one of the most influential theories of international relations, and its first theorist, Kenneth Waltz, a giant of the discipline. But why did Waltz move from a rather traditional form of classical realist political theory in the 1950s to neorealism in the 1970s? A possible answer is that Waltz's Theory of International Politics was his attempt to reconceive classical realism in a liberal form. Classical realism paid a great deal of attention to decisionmaking and statesmanship, and concomitantly asserted a nostalgic, anti-liberal political ideology. Neorealism, by contrast, dismissed the issue of foreign policymaking and decisionmaking. This shift reflected Waltz's desire to reconcile his acceptance of classical realism's tenets with his political commitment to liberalism. To do so, Waltz incorporated cybernetics and systems theory into Theory of International Politics, which allowed him to develop a theory of international relations no longer burdened with the problem of decisionmaking.
Topic:
International Relations, Diplomacy, War, Grand Strategy, and International Relations Theory
Political Geography:
United States and Global Focus

5762. In Policy in the Post Crisis Era

Author:
Vinod K Aggarwal
Publication Date:
12-2015
Content Type:
Commentary and Analysis
Institution:
Berkeley APEC Study Center
Abstract:
In the aftermath of the Global Financial Crisis of 2007- 08, observers of international markets disagreed about the likely response of the World Trade Organization.1 Pointing to a contraction of global trade flows by 9 percent in 2009, some commentators suggested that the WTO’s rules were incapable of stemming a tide of increasing protectionism.2 Still, others cautioned that overzealous regulation of national industrial policies by the WTO would limit distressed governments’ ability to cope. Who was right?
Topic:
International Affairs
Political Geography:
Global Focus

5763. La pérennité du supranationalisme intergouvernemental, paradoxe de l’élargissement (The “Enlargement paradox”: Intergovernmental Supranationalism Survives despite the Winds of Change)

Author:
Tanja Mayrgündter
Publication Date:
04-2015
Content Type:
Research Paper
Institution:
Centre d'Etudes et de Recherches Internationales (CERI)
Abstract:
In the last decade, the EU has been challenged by major phenomena, such as the entry into force of the Lisbon Treaty and the economic and financial crisis. Unlike other policy areas, where the logic of action and institutional interplays have consequently changed, enlargement constitutes a “paradox”, having largely been resistant to such impact factors. That is, “intergovernmental supranationalism” has remained the dominant feature of the enlargement polity, politics and policy. Even though the overall result has not changed, there has been change in the configuration among the intergovernmental and the supranational elements. That is, while on the one hand intergovernmental forces have increased, on the other hand, all three dimensions have primarily been hit by the “technicality turn”, consequently fostering the supranational momentum. Finally, an overall new balance has been reached under the “old” intergovernmental supranational umbrella.
Topic:
Politics, Regional Cooperation, European Union, and Political Science
Political Geography:
Europe, Global Focus, and European Union

5764. Dissatisfied Voters and No Alternative: The Unchallenged Position of Political Elites in Bosnia and Herzegovina

Author:
Ashley W. Hooper
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
In February 2014, violent protests erupted in Tuzla and quickly spread to multiple other Bosnian cities, including Mostar and Sarajevo. Initially, the protests were labeled as the “Bosnian Spring,” a term used to describe a state that is undergoing revolutionary change; however, this term was used prematurely in the case of Bosnia and Herzegovina and by April the protest movement had completely lost momentum. The cause for dissatisfaction among citizens was driven by nearly a decade of political stagnation. The lack of political progression can largely be attributed to the legacy of the Dayton Peace Agreement, which brought an end to the ethnically driven atrocities. However, the agreement also formed a uniquely complicated governmental structure based on ethnicity—providing a political framework in which elites are able to evade accountability. Political competition has been greatly decreased by the continued presence of wartime-ethno parties, which dominate the political discourse—perpetuating fear and mistrust among the electorate. I argue that there is a crisis of democratization halting the political progression and European integration of Bosnia and Herzegovina caused by a lack of both political accountability and competition.
Topic:
Political Theory, Elections, and Democracy
Political Geography:
Global Focus

5765. Of Arms, Freedom, and Capitalism What Piers Morgan Does Not Know

Author:
Charles Breiterman
Publication Date:
01-2015
Content Type:
Working Paper
Institution:
Independent Institute
Abstract:
Generations of students have been taught that the emergence of Parliament and capitalism in England were caused by factors such as the rise of the bourgeoisie, the rediscovery of ancient Greek democracy and the Roman republic, the Magna Carta, the enclosure movement, the Protestant ethic of accumulation (which may not actually apply to England), and English common law. To these factors should be added: a population of extremely well-armed and trained commoners, reliance upon them by the monarchy for military service, and the willingness of the commoners to stage large-scale and ferocious rebellions. It was highly advisable to secure the consent of the commoners before taxing them. The power of the commoners limited what taxation could be imposed. Limited taxation allowed commoners to accumulate substantial sums of money, a crucial factor in the emergence of capitalism in England as early as the 1400s. The power of the commoners forced elites to accommodate the notion of government for the common good (commonweal), eroded the notion that the aristocrat was superior to the commoner, and strengthened the case for equality of opportunity. The history of England stands for the proposition that contemporary firearms laws should be the most permissive reasonably possible. The article also discusses the need to achieve social change without violence. But this is not possible with many regimes worldwide, and it is naive to think tyranny can’t happen here.
Topic:
Arms Control and Proliferation, Political Theory, and Capitalism
Political Geography:
Global Focus

5766. The Power of Staying Put: Nonviolent Resistance Against Armed Groups in Colombia

Author:
Juan Masullo
Publication Date:
08-2015
Content Type:
Special Report
Institution:
International Center on Nonviolent Conflict (ICNC)
Abstract:
Confronted with civil war, local civilians typically either collaborate with the strongest actor in town or flee the area. Yet civilians are not stuck only with these choices. Collectively defying armed groups by engaging in organized nonviolent forms of noncooperation, self-organization and disruption is another option. This monograph explores this option through sustained and organized civil resistance led by ordinary peasants against state and non-state repressive actors in Colombia’s longstanding civil war: the case of the Peace Community of San José de Apartadó.
Topic:
Human Rights
Political Geography:
Global Focus

5767. Entrepreneurship and Acceleration Questions from the Field – Feb 2015

Author:
Aspen Institute
Publication Date:
02-2015
Content Type:
Policy Brief
Institution:
Aspen Institute
Abstract:
In this brief, we use data from the Entrepreneurship Acceleration Research Initiative in order to respond to the following question by Steve Cumming of the MasterCard Foundation about Youth Entrepreneurship “At The MasterCard Foundation, we have a portfolio of youth entrepreneurship projects that we support in Sub Saharan Africa. We’re always looking for data to better understand the space and to inform our programming. I’m wondering if you could share any data by ages 18-24 and 25-30, and by African country or region if possible. Do you see anything interesting under these parameters?”
Topic:
International Political Economy
Political Geography:
Global Focus

5768. Mining a Mirage: Reassessing the Shared-Value Paradigm in Light of the Technological Advances in the Mining Sector

Author:
Aaron Cosbey
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
While there has been a strong tendency in resource rich countries to push for more stringent local content regulations, the mining sector is looking to move towards increased automation. In this study titled “Mining a Mirage: Reassessing the Shared-Value Paradigm in Light of the Technological Advances in the Mining Sector,” CCSI, IISD and Engineers Without Borders researched the technological innovations that are being developed, assessing when these technologies could be rolled out, and quantifying the potential impacts automation may have on local employment and procurement and on the shared value paradigm. The objective was to better understand how governments could adapt local content, industrial and fiscal policies in order to better prepare for and embrace technological advances in the mining sector.
Topic:
International Affairs
Political Geography:
Global Focus

5769. A new Atlantic Community: the European Union, the US and Latin America

Author:
Joaquín Roy
Publication Date:
06-2015
Content Type:
Special Report
Institution:
Fundación Alternativas
Abstract:
Joaquín Roy es licenciado en Derecho por la Universidad de Barcelona y doctor por la Universidad de Georgetown. Es catedrático Jean Monnet ad personam y anteriormente fue profesor en Georgetown University, John Hopkins University (Washington DC) y Emory University (Atlanta). Entre las distinciones recibidas destaca la Encomienda de la Orden del Mérito Civil, otorgada por el Rey Juan Carlos I.
Topic:
International Relations and International Political Economy
Political Geography:
Global Focus

5770. Informe sobre la Democracia en España 2015. Reformular la política

Author:
Joaquín Estefanía
Publication Date:
06-2015
Content Type:
Special Report
Institution:
Fundación Alternativas
Abstract:
El Informe sobre la Democracia en España nació con el objetivo de analizar el funcionamiento de la democracia española y los desafíos derivados del afán por mejorar sus instituciones. En las distintas ediciones continúa proporcionando una información fiable sobre acontecimientos y decisiones colectivas, de utilidad para el análisis, el debate social y la formación de la opinión pública. De este modo, cada entrega anual da cuenta del comportamiento efectivo de nuestro sistema de convivencia: las elecciones, las relaciones entre los poderes e instituciones del Estado, los partidos políticos, la vida parlamentaria; las relaciones entre los poderes centrales y territoriales, la creación y difusión de la información, el comportamiento de los medios y la articulación de la opinión pública, el papel de los poderes económicos, etc. Un selecto plantel de investigadores y un Consejo Asesor de especialistas en la materia hacen posible esta ambiciosa publicación que incorpora una auditoria de la democracia española para intentar aproximarnos a la evolución de la calidad del sistema democrático en nuestro país.
Topic:
International Affairs
Political Geography:
Global Focus

5771. The state of the European Union 2015. The new legislature: eleven challenges facing Europe

Author:
Diego López Garrido
Publication Date:
05-2015
Content Type:
Special Report
Institution:
Fundación Alternativas
Abstract:
The new legislature: eleven challenges facing Europe is the fourth State of the Union Report that the Ebert Foundation and Fundación Alternativas have published jointly. Its title reflects the new composition of the European Parliament in the wake of the most recent European parliamentary elections as well as the inaugurations of a new Commission and new presidents of the European Commission and the Council of Europe. The beginning of this new legislature, which marks the advent of a new phase for the Union, is getting underway at a decisive moment in the construction of our beloved Europe.
Topic:
International Affairs
Political Geography:
Global Focus

5772. ISIS global strategy: A wargame

Author:
Harleen Gambhir
Publication Date:
07-2015
Content Type:
Special Report
Institution:
Institute for the Study of War
Abstract:
The United States currently faces multiple national security threats in an environment of growing disorder. ISIS is executing a sophisticated global strategy that involves simultaneous efforts in Iraq and Syria, the Middle East and North Africa, and the wider world. Homegrown terrorism is increasing in the U.S. and Europe. Civil wars are intensifying in Ukraine, Yemen, and Libya, while the U.S. attempts to pivot to the Asia-Pacific. In this complex environment, it is difficult for policymakers to discern the consequences of action or inaction even in the near future.
Topic:
International Relations and International Security
Political Geography:
Global Focus

5773. An Empirical Analysis of Claimant Tactics in the South China Sea

Author:
Christopher D. Yung and Patrick McNulty
Publication Date:
11-2015
Content Type:
Policy Brief
Abstract:
China, Taiwan, Vietnam, the Philippines, Malaysia, and Brunei have used a wide variety of tactics to protect and advance their maritime territorial claims in the South China Sea. China is the most active user of the nine categories of tactics identified in this paper, with the exception of legal actions, and accounts for more than half of all military and paramilitary actions since 1995. Empirical data support the argument that the 2011 U.S. rebalance to Asia did not spur disruptive behavior in the South China Sea. China became more active in protecting and advancing its claims around 2009, before the rebalance was announced. The unclassified database used in this analysis undercounts military and paramilitary actions, but captures enough activity to provide a representative sample. A classified version that captures more activity would improve the potential to develop the database into an Indications and Warning tool to assist in monitoring and managing tensions in the South China Sea.
Topic:
International Affairs
Political Geography:
Global Focus

5774. Global Knowledge Networking: Smart Strategies for Promoting Innovative Learning and Leader Development

Author:
Walter L. Christman, Frank C. DiGiovanni, and Linton Wells II
Publication Date:
04-2015
Content Type:
Policy Brief
Abstract:
Dealing effectively with contemporary security challenges requires prepared coalitions of partners that are able to operate together. The Global Knowledge Networking (GKN) initiative supports local decisionmaking and makes knowledge actionable. Its core is the “composable organization,” where people, ideas, processes, and technology can be brought together as needed. The GKN supports initiatives from NATO’s Wales Summit, focused especially on interoperability and capacity-building. A proposed Gulf Knowledge Center test bed also would support recent decisions by a Gulf Cooperation Council Summit concerning military command and education. Building new learning tools with coalition partners can improve common understanding and shared procedures. This vision is a key part of the next generation of training and readiness capability, led by the Office of the Under Secretary of Defense (Personnel & Readiness). The GKN initiative could be adapted for regions beyond the Gulf.
Topic:
International Affairs
Political Geography:
Global Focus

5775. Responding to Russia after the NATO Summit: Unmanned Aerial Systems Overmatch in the Black Sea

Author:
Conor Sullivan, Schuyler Standley, and James M Keagle
Publication Date:
04-2015
Content Type:
Policy Brief
Abstract:
In the aftermath of the North Atlantic Treaty Organization (NATO) summit in Wales in September 2014, the Obama administration pledged $1 billion to assist Allies on the eastern front. This was in response to Russian initiatives and our Allies’ requests for increased U.S. presence. A potential response could be the introduction of intelligence, surveillance, and reconnaissance capabilities around the Black Sea. Given the increasing concern over the strategic importance and therefore vulnerability of the areas bordering the Black Sea, such as Odessa, Transnistria, and the Danube Delta, this asymmetric response from the United States not only would add a less escalatory pressure on Russian interests in the area but also could alleviate some of the concerns of some NATO members.
Topic:
International Affairs
Political Geography:
Global Focus

5776. Defense Partnerships: Documenting Trends and Emerging Topics for Action

Author:
Samuel Bendett
Publication Date:
04-2015
Content Type:
Policy Brief
Abstract:
Further integration along with a shared forum for common procedures, roadblocks, and solution sets will help inform and address public-private, public-public (P4) functional stovepiping and specialized P4 success in the Department of Defense (DOD). There is a need for formal capture of enterprise-wide best practices and lessons observed. DOD personnel have significant training and competency in their specific career field, but there appears to be a need to either integrate or identify P4 subspecialties to develop P4 through the ranks. Cross-Service collaboration and interagency planning, tiger-teaming, and convening non-DOD stakeholders with DOD counterparts will support P4s both at a project level and an enterprise level.
Topic:
International Affairs
Political Geography:
Global Focus

5777. Launch of CTED Global Research Network

Author:
The Soufan Group
Publication Date:
04-2015
Content Type:
Special Report
Institution:
The Soufan Group
Abstract:
With a view to enhancing its analytical capacity and its engagement with the research community, the Counter-Terrorism Committee Executive Directorate (CTED) launched a global research network at United Nations Headquarters, New York, on 19 February 2015
Topic:
International Security and Counter-terrorism
Political Geography:
Global Focus

5778. Does Lean Improve Labor Standards? Management and Social Performance in the Nike Supply Chain

Author:
Greg Distelhorst, Jens Hainmueller, and Richard M. Locke
Publication Date:
08-2015
Content Type:
Research Paper
Institution:
Watson Institute for International and Public Affairs at Brown University
Abstract:
This study tests the hypothesis that lean manufacturing improves the social performance of manufacturers in emerging markets. We analyze an intervention by Nike Inc. to promote the adoption of lean manufacturing in its apparel supply chain across eleven developing countries. Using difference-in-differences estimates from a panel of over three hundred factories, we find that lean adoption was associated with a 15 percentage point reduction in noncompliance with labor standards that primarily reflect factory wage and work hour practices. However, we find a null effect on factory health and safety standards. This pattern is consistent with a causal mechanism that links lean to improved social performance through changes in labor relations, rather than improved management systems. These findings offer evidence that capabilitybuilding interventions may reduce social harm in global supply chains.
Topic:
International Political Economy
Political Geography:
Global Focus

5779. The Political Foundations of State Effectiveness

Author:
et al Miguel Centeno
Publication Date:
08-2015
Content Type:
Research Paper
Institution:
Watson Institute for International and Public Affairs at Brown University
Abstract:
Starting from the assumption that the aim of development is to increase human flourishing, this paper develops an analytical perspective on how effective states are built. Modern theories of development see the state as the key agent for delivering the most critical forms of productive investment – investment in capability expanding collective goods. Accomplishing this requires bureaucratic capacity, as earlier analyses of state effectiveness have argued, but state-society relations are equally crucial. We focus on the “Sen-Ostrom” model – deliberative mechanisms to specify goals plus engagement of communities as “co-producers” of services – as the key elements of effective state society relations. Our effort to identify institutions and strategies that might lead to the efficacious engagement of the broadest possible cross-section of the populace led us to a re-engagement with left social democracy. But, resuscitating traditional models of left social democracy is not sufficient; different contexts require new conceptualizations. Patrick Heller’s “state-civil society model” and Cheol-sung Lee’s “embedded cohesiveness/political network model” gave us tools for revising, deepening and extending the basic party-union dynamics of the traditional left social democratic model. Putting the Huber-Stephens analysis of left social democracy together with the Heller and Lee models offers a promising platform for future debate on the general political logic of state-society relations
Topic:
International Affairs
Political Geography:
Global Focus

5780. The Advisory Committee on Northern Development: Context and Meeting Minutes, 1948-66

Author:
P. Whitney Lackenbauer and Daniel Heidt
Publication Date:
09-2015
Content Type:
Special Report
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
The Advisory Committee on Northern Development (ACND), a high-level interdepartmental committee, was responsible for coordinating federal Arctic policies and programs from 1948-1971. The minutes of its main meetings provide unparalleled insight into how high-ranking civil servants in Ottawa grappled with what they perceived to be the most pressing issues of the era, including Canadian-American relations, sovereignty, security, Aboriginal affairs, socio-economic development, scientific research, and governance. As this volume reveals, the ACND represented an early example of the “Whole of Government” approach to policy deliberations, revealing the myriad activities that constituted the “Arctic revolution” during this pivotal quarter-century.
Topic:
International Affairs
Political Geography:
Global Focus

5781. In Defence of Freedom of Speech and against the Publication of Certain Cartoons

Author:
Paul Hedges
Publication Date:
10-2015
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
This paper explores the concept of freedom of speech, as it relates to religion, focusing on recent European examples of tensions that surface secular mores and Islamic sensibilities, primarily the Charlie Hebdo incident. This paper argues that while offence to others does not breech free speech, when considering cartoons of the Prophet Muhammad, we cannot ignore the geopolitical context. Such images may perpetuate stereotypes and be perceived as part of a neo-colonial project to denigrate minorities and the Muslim world. In particular, Islamophobia and the post-colonial context provide a context wherein the Islamic “Other” within Western societies is marginalised and often experiences oppression. Therefore, what appears to be legitimate freedom of speech may actually be a discourse of suppression. The paper also considers possible objections around individual autonomy and the power of religion, and suggests principles when considering the limits of freedom of speech.
Topic:
Human Rights, Post Colonialism, Religion, and Islamophobia
Political Geography:
Global Focus

5782. Dysfunctional Institutions, Social Trust, and Governance in Areas of Limited Statehood

Author:
Thomas Risse and Tanja A. Börzel
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
Areas of limited statehood where the state is absent or dysfunctional are rarely ungoverned or ungovernable spaces. The provision of rules and regulations as well as of public goods and services – governance – does not necessarily depend on the existence of functioning state institutions. How can this be explained? This article makes two claims. First, we identify functional equivalents to state institutions that fail to govern hierarchically. Second, we focus on informal institutions based on social trust that are endogenous to areas of limited statehood. Personalized social trust among community members enables actors to overcome collective action problems, enhancing the legitimacy of governance actors. The main challenge in areas of limited statehood, which are often characterized by social heterogeneity and deep social and cultural cleavages (particularly in post-conflict societies), is to move from personalized to generalized trust in “imagined communities” despite dysfunctional state institutions. We argue that generalized trust in areas of limited statehood crucially depends on inclusive social identities as an enabling condition for effective and legitimate governance.
Topic:
Governance, Community, Statehood, and Social Identities
Political Geography:
Global Focus

5783. Meta-Governance of Partnerships for Sustainable Development - Actors’ Perspectives on How the UN Could Improve Partnerships’ Governance Services in Areas of Limited Statehood

Author:
Marianne Beisheim and Nils Simon
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
In the context of negotiations on the Post-2015 or 2030 Agenda for Sustainable Development and the process of formulating Sustainable Development Goals (SDGs), the United Nations (UN) (again) assigns an important role to multi-stakeholder partnerships. But how do actors view these partnerships more than ten years after the UN’s engagement with them? Our previous research found that transnational multi-stakeholder partnerships for sustainable development are neither as successful as their proponents claim nor as ineffective as their critics argue (Beisheim/Liese 2014). In light of these findings, we ask whether relevant actors argue that lessons learned with regard to partnerships’ success conditions should be translated into rules and standards that guide the operations of existing and the development of new partnerships. This kind of meta-governance of partnerships could be exerted by state or non-state actors at the national or international level. Moreover, we distinguish between two broad functions of meta-governance: enabling and ensuring. In this paper, we present first insights into actors’ views on the meta-governance of partnerships. We focus on the actors in the UN-context, where reforms of the framework for partnerships are under debate.
Topic:
United Nations, Governance, Reform, and Sustainable Development Goals
Political Geography:
Global Focus

5784. Hostis ante portas: el poder, la guerra y la figura del enemigo en las relaciones internacionales

Author:
Valerio d'Angelo
Publication Date:
05-2015
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
En este artículo me propongo enmarcar la evolución de la figura del enemigo político al interior de la más general evolución del ordenamiento del sistema internacional. La tesis que se afirma es que la detección del enemigo es siempre una construcción discursiva consecuente a las trasformaciones del poder hegemónico y de su manera de conducir una guerra. Ilustraré por lo tanto los cambios históricos que la noción de enemigo ha sufrido, desde Westfalia hasta los modernos programas de contrainsurgencia. Detectaré tres grandes macromarcos (el mundo Westfaliano, la Guerra Fría, el post-11/S) donde un cambio significativo del equilibrio del poder conlleva un cambio en su capacidad de librar una guerra y, de ahí, una distinta identificación de la figura del enemigo.
Topic:
Sovereignty, War, and Counterinsurgency
Political Geography:
Global Focus

5785. Las «nuevas guerras»: una propuesta metodológica para su análisis

Author:
Victor-Mario Bados Nieto and Marién Duran Cenit
Publication Date:
05-2015
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
Hoy día existen numerosos conflictos con características diferentes y singulares difícilmente encuadrables en los arquetipos de los conflictos armados tradicionales o guerras convencionales. De los muchos y variados apelativos surgidos principalmente desde el Fin de las Guerra Fría y como contraposición a las guerras clásicas, fue el concepto de "nuevas guerras" el que tuvo una mayor acogida. Sin embargo, como muchas otras denominaciones, consideramos que no podemos apreciarlo como una herramienta enteramente práctica para el estudio de toda la tipología de conflictos que existen. Por ello, el presente trabajo, mediante la revisión de la literatura más importante sobre estos temas, tiene como objeto proporcionar una herramienta teórico-metodológica, para que mediante la operacionalización de las variables identificativas de las "nuevas guerras", se puedan estudiar de forma más pormenorizada los conflictos contemporáneos para poder establecer comparaciones que arrojen luz sobre las similitudes y las diferencias.
Topic:
Ethnic Conflict, War, Fragile/Failed State, and Violence
Political Geography:
Global Focus

5786. State Practice on Sovereign Immunity in Employment Disputes Involving Embassy and Consular Staff

Author:
Julia Brower
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This report identifies and analyzes foreign case law and statutes on sovereign immunity in employment disputes brought by dismissed embassy and consular staff from twenty-seven countries and two international courts. State practice remains quite diverse, and it is not possible to identify one clear, specific majority test for whether foreign States are immune in such disputes. However, several recent trends exist, with state practice in Europe in particular starting to coalesce around a common approach. The findings of this report must be considered with the limitations of the research in mind. The vast majority of case law surveyed in this report is from Europe and English-speaking countries. Only a handful of translated decisions or statutes from Latin America, Africa, and Asia could be found, and significantly, this report does not include any decisions from China or Brazil.
Topic:
Law, Protected People, Diplomatic Immunity, and Sovereign Immunity
Political Geography:
Global Focus

5787. Below the Threshold: The Law Governing the Use of Force Against Non-State Actors in the Absence of a Non-International Armed Conflict

Author:
Daniel Hessel, Julia Shu, and Sarah Weiner
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Boko Haram attacks civilians in Nigeria. The Islamic State launches attacks in Paris. Terrorists take hostages at a hotel in Mali. Mexican drug gangs threaten government officials and civilians. Houthi rebels seek to take control of the government in Yemen—and succeed. States increasingly face security threats from non-state actors, which have led states and observers to ask what states can do in response. What legal framework should apply? What constraints do states face? When can states resort to the use of military force to address threats posed to them by non-state actors, either on their own territory or on the territory of another state? The answer to these questions turns on whether the conflict in question rises to the level of a non-international armed conflict (NIAC). Based on the drafting history of international humanitarian law (IHL) governing NIACs, international jurisprudence, recent state practice, and academic commentary, this paper concludes that a NIAC does not exist unless the conflict passes an intensity threshold. In other words, the intensity of the conflict distinguishes generalized violence involving a non-state actor from a NIAC. Once the existence of a NIAC is established, states participating in it will be governed by relevant IHL. But if states are only governed by the IHL applicable to NIACs once an intensity threshold has been crossed, what law applies below that threshold? The answer varies with the circumstances, depending on whether the state is responding to a threat within its own territory or from outside; and if the threat is from outside the state, whether the host state consents to the use of force against the non-state actor. Thus, to answer the question of what law applies before a NIAC is established, this white paper analyzes three different scenarios in which a state contemplates forceful engagement with a non-state actor. Each scenario presumes that t he non- state actor is organized and has engaged in some violence, but that the intensity of the clash has not crossed the intensity threshold and thus has not risen yet to the level of a NIAC. 1. In Scenario One, a state seeks to engage a non-state actor that operates exclusively within the state’s territorial borders. 2. In Scenario Two, an intervening state seeks to engage a non-state actor located in another state, with the consent of the host state. 3. In Scenario Three, an intervening state seeks to engage a non-state actor located in another state, without the consent of the host state. The analysis of each scenario first identifies the authority that governs whether and when the state may initiate forceful engagement with the non-state actor (the “may the state use force” evaluation), then discusses which legal regime governs the scope and nature of the resulting use of force (the “how may the state use force” evaluation). Different legal regimes govern the acting state’s options in each of the scenarios. Although the authority for action differs, the inquiries for Scenarios One and Two are quite similar. In Scenario One, the acting state may engage the non-state actor with force by virtue of its territorial sovereignty. It must act, however, through a domestic law enforcement framework and in compliance with human rights law. In Scenario Two, the acting state derives the authority to use force against the non-state actor from the host state’s consent. However, it may only rely on that consent insofar as it comports with the host state’s human rights obligations under international law. In raising the possibility of one state violating another state’s territorial integrity, Scenario Three raises a different set of questions. The intervening state’s threat or use of force within another state’s territory is only lawful when authorized by the U.N. Security Council or justified under the Charter’s Article 51 self-defense provision. The intervening state’s use of force is accordingly regulated by the traditional IHL of international armed conflict. Where scenarios overlap (when, for example, the intervening state has both consent and Article 51 authority to act), the acting state may rely on more than one source of authority. It must, however, continue to ensure that it has authority to use force and that its use of force comports with the legal framework appropriate for the nature and intensity of the conflict. It is worth noting at the outset that these scenarios highlight developing areas of international law. Some raise questions that have clear answers in existing legal authority, while others contend with more inchoate legal regimes. Where state practice has not yet solidified into definitive international norms, legal ambiguity remains. In such instances, this white paper notes the existence of ambiguity and examines the history, purposes, and principles of relevant legal regimes to proffer answers.
Topic:
Military Strategy, Non State Actors, Law, and Conflict
Political Geography:
Global Focus

5788. Common Article 1 and Duty to "Ensure Respect"

Author:
Zachary Manfredi
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This paper investigates whether the “to ensure respect” clause of Common Article 1 of the 1949 Geneva Conventions creates third state obligations. Third state obligations could impose both negative and positive duties on states to ensure that other states and some non-state actors comply with the Conventions. This issue has gained salience in light of the imminent publication of new set of commentaries on the Conventions by the International Committee for the Red Cross. The new commentaries will likely suggest that third state obligations under Common Article 1 are robust. This paper assesses the anticipated ICRC position in light of both the drafting history of Common Article 1 and subsequent interpretations by major international tribunals and states. It concludes that Common Article 1 provides for some third state obligations, but that their scope and content remains underspecified and highly contested.
Topic:
International Law, Humanitarian Crisis, Red Cross, and Geneva Convention
Political Geography:
Global Focus

5789. State Responsibility for Non-State Actors That Detain In The Course of a NIAC

Author:
Emily Chertoff, Lara Dominguez, Zak Manfriedi, and Peter Tzeng
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This white paper addresses three questions that arise when a non-state actor that is receiving assistance from a state actor in a non-international armed conflict engages in detention activities: (1) Under international law, when does a non-state actor have the authority to detain individuals captured in the course of a non-international armed conflict? (2) When does a state providing assistance to a non-state actor become responsible under international law for the non- state actor’s actions? (3) Assuming such responsibility exists, what actions must the state take if it believes the non-state actor may engage in human rights abuses or violations of the law of armed conflict? In response to the first question, neither the Geneva Conventions nor customary international humanitarian law provides a legal basis for non-state actors to detain captured individuals in non-international armed conflicts. However, international humanitarian law also does not expressly prohibit non-state actors from detaining individuals. Instead, it regulates the conditions of detention. If non-state actors comply with Common Article 3 of the Geneva Conventions and relevant provisions of the Second Additional Protocol, detention by armed groups in non-international armed conflict does not violate an explicit provision of international humanitarian law. As long as detention is not arbitrary, internment by non-state actors is also unlikely to constitute the war crime of unlawful confinement. In response to the second question, under agency-based theories of the state responsibility doctrine, actions of non-state actors may be directly attributed to the state if (1) the state exercises either strict or overall control over the non-state actor such that the group operates as a de jure or de facto state organ or (2) the state exercises effective control over a specific operation undertaken by the non-state actor. Additionally, to the extent Common Article 1 requires states to ensure that all parties to an armed conflict respect the Geneva Conventions, it may create an alternative and additional source of state liability for the actions of non-state actors. Finally, in response to the third question, this white paper recommends a series of ex ante and ex post measures states can adopt when engaging with a non-state actor. These include, vetting, training, acquiring written agreements, providing punishment frameworks, and ceasing support when actors commit violations of IHL. Since existing jurisprudence does not contemplate mitigation of state responsibility for the conduct of non-state actors, it is difficult to assess to what extent any of the proposed measures would limit the state’s liability. Nevertheless, states adopting these recommendations will both make violations less likely and be more likely to discharge their duties under international humanitarian and human rights law. By taking ex ante measures designed to prevent violations and creating ex post incentives for non-state partners to comply with IHL norms, states reduce the risk armed groups will engage in detention practices that violate international law.
Topic:
International Law, Non State Actors, Humanitarian Intervention, and Armed Conflict
Political Geography:
Global Focus

5790. The Negative Impact of Drug Control on Public Health: the global crisis of avoidable pain

Author:
Global Commission On Drug Policy
Publication Date:
10-2015
Content Type:
Special Report
Institution:
Global Commission On Drug Policy
Abstract:
Ninety-two percent of the world’s supply of morphine is consumed by just 17 percent of the global population, with consumption primarily concentrated in the global north and 75 percent of the world’s population does not have access to any pain relieving drugs. The reasons for this have little to do with issues of cost or scarcity of supplies- and everything to do with with the prohibition and repressive stand the world has taken on drugs. This Global Commission report explores the current crisis related to the lack of access to controlled medicines and makes concrete policy recommendations to Member States and UN agencies on ways to improve these conditions. This report is available in English, Spanish, Russian, French and Arabic.
Topic:
Health, War on Drugs, Drugs, Public Health, and Medicine
Political Geography:
Global Focus

5791. The Individual Sovereignty: Conceptualization and Manifestation

Author:
Nikola Lj. Ilievski
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This paper is qualitative and theoretical research of the concept of sovereignty and the libertarian theory, particularly the concept of individual liberty. It represents a concept developing study, with a specific accent laid on the individual liberty, and the theoretically established concept of sovereignty. The research focus could be identified with the conceptualization and manifestation of the individual sovereignty, as a theoretical phenomenon that is not fully conceptualized and strictly defined. In the scope of this paper, content analysis method and comparative method are used. The analysis, comparison and synthesis refer to the theories of sovereignty and the theory of libertarianism, resulting in developing the concept of individual sovereignty and its socio-political manifestation.
Topic:
Sovereignty, Legal Theory, International Relations Theory, State, and Civil Liberties
Political Geography:
Global Focus

5792. Rethinking Liberal Democracy: Prelude to Totalitarianism

Author:
Isabel David
Publication Date:
04-2015
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
In the long course of human evolution and political experimentation, liberal democracy, especially after the events of 1989, has come to be seen as the best political system. In fact, we seemed to have reached the only system compatible with liberty, after the dreadful experiences of Communist and Nazi totalitarianism, and its twin in the economic realm - capitalism. But is liberalism really conducive to freedom? I argue that evil – or totalitarianism – arises from the combination of both the Platonic and Augustinian views: ignorance of values and the pursuit of one’s egotistic desires. Evil has an essentially private nature. In this sense, totalitarianism may arise from a utilitarian culture that sees people – or some forms of knowledge – as worthless and disposable objects.
Topic:
Authoritarianism, Values, Liberalism, and Freedom
Political Geography:
Global Focus

5793. Biotechnology E-commerce: A Disruptive Challenge to Biological Arms Control

Author:
Raymond A. Zilinskas and Philippe Mauger
Publication Date:
05-2015
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
Current approaches to prevent the proliferation of biological weapons rely heavily on the operation of export controls for equipment used in the production or dissemination of biological agents. Concerned that the emergence and growth of biotechnology e-commerce has significantly disrupted the effectiveness of such export controls, the British Commonwealth and Foreign Office funded a study in June 2014 for the James Martin Center for Nonproliferation Studies (CNS) titled “The Internet as a Source for Dual-Use Technologies of Biological Weapons Concern: Policy Implications and Governance Options,” to research the biological arms-control problems presented by biotechnology dual-use products and technologies sold via the Internet (e-commerce), and to determine how these problems could be addressed.
Topic:
Arms Control and Proliferation, Science and Technology, Biological Weapons, and Biotechnology
Political Geography:
Global Focus

5794. The Case for Highly Enriched Uranium Free Zones

Author:
Andrew Bieniawski, Miles A. Pomper, and Elena Sokova
Publication Date:
06-2015
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
Highly enriched uranium (HEU)—one of the key ingredients for nuclear weapons—is one of the most dangerous materials on the planet. Significant progress has been made over the past several years to eliminate all HEU from 26 countries and Taiwan. The creation of regional HEU-Free Zones would help cement a global norm against civilian HEU use in much the same way that Nuclear-Weapon-Free Zones have strengthened global non-proliferation and disarmament efforts. In many cases, only one or two countries in each proposed regional HEU-Free Zone have small amounts of remaining HEU, presenting an opportunity for countries to take action prior to the Nuclear Security Summit in 2016. This concept paper was developed by a working group on “The Elimination of Highly Enriched Uranium in Civilian Applications,” a project of the Fissile Materials Working Group, a coalition of eighty civil society organizations committed to improving fissile materials security. Initial work on the concept was also funded by the Nuclear Threat Initiative.
Topic:
Arms Control and Proliferation, Nuclear Weapons, Science and Technology, Nonproliferation, and Uranium
Political Geography:
Global Focus

5795. Replacing High-Risk Radiological Materials

Author:
Miles A. Pomper and George M. Moore
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
Permanent Risk Reduction of Radioactive Sources Illustration by Evelyn Helminen, MIIS There has been a marked increase in international and domestic attention to the need to replace high-risk radioactive sources with less risky and non-isotopic alternatives in order to forestall an act of radiological terrorism. In response to this need, the James Martin Center for Nonproliferation Studies at the Middlebury Institute for International Studies at Monterey, with the support of the US and UK governments, hosted three, closed-door workshops with governmental and nongovernmental experts in Washington, London, and Vienna to propose appropriate policies. Through these workshops and additional research, CNS has developed the new occasional paper, “Permanent Risk Reduction: A Roadmap for Replacing High-Risk Radioactive Sources and Materials,” which offers a series of actions that governments could take to help expedite and encourage the substitution of high-risk sources with non-isotopic alternatives as an important contribution to the nuclear security framework.
Topic:
Arms Control and Proliferation, Nuclear Weapons, Terrorism, Nonproliferation, and Radiological Weapons
Political Geography:
Global Focus

5796. Elaborating in the INDC context

Author:
Neha B. Joseph
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Several countries have embarked on nationwide processes to devise their ‘contributions’ towards a new global climate agreement set to be adopted at Paris in 2015. Sixty-two countries have already communicated their contributions to the UNFCCC, in pledges covering around 62.9% of global emissions in 2012. These contributions, formally known as ‘intended nationally determined contributions’ (INDCs) are expected to be the bedrock of post 2020 climate action and the building blocks of the 2015 climate deal, that is currently being negotiated by Parties. This paper discusses the emergence of this concept and outlines some of the legal and technical aspects of a contribution and their implications on ambition, adequacy and political feasibility. Section 3 analyses pledges in the submitted INDCs, with a special focus on G20 countries. The term ‘INDC’ first emerged in 2013 at the Warsaw negotiations of the Conference of Parties (COP) in a decision inviting Parties “to initiate or intensify domestic preparationsfor their intended nationally determined contributions….. and to communicate them well in advance of the twenty-first session of the Conference of the Parties (by the first quarter of 2015 by those Parties ready to do so)” For developed countries, INDCs will replace their Kyoto Protocol commitments; for developing countries, Nationally Appropriate Mitigation Actions (NAMAs) will continue to be in force as implementation tools supporting the mitigation component of their INDCs. Over the past year, countries have been negotiating to iron out differences on issues like differentiation, legal nature, scope, form and review of contributions with varying levels of success on each front.
Topic:
Climate Change, Diplomacy, Environment, International Cooperation, Treaties and Agreements, and Legislation
Political Geography:
South Asia, India, Asia, and Global Focus

5797. The Inscription of Technology in Life

Author:
Rajshree Chandra
Publication Date:
05-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
With innovation in the genetic engineering now being rewarded in the form of intellectual property rights, there are new things that are beginning to count as property and as objects of human invention – plant varieties, seeds, germplasm, genetic sequences, DNA and so on. To bring the realm of “biology” within the ambit of intellectual property, to juridify aspects of the biological as products of human invention is to bring new epistemic objects into visibility. While these are revealed through practices of biotechnology, law translates it into a capacity for monopolistic appropriation for biotech innovators. The new correlatives of innovation and intellectual property re-engineer not just the biology of an organism, but the very categories that organized property and intellectual property. What instrumentalities of technology and law co-produce biotic property? I examine these instrumentalities in a two paper series: while the first paper seeks to lay out the work of technology in the creation of new biological artefacts, and consequently new economic spaces and property claims, the second paper would seek to examine the role of law in translating inventive claims as property claims.
Topic:
Science and Technology, Intellectual Property/Copyright, and Law
Political Geography:
South Asia, India, and Global Focus

5798. India’s Sustainable Development Led Approach to Climate Mitigation for Paris

Author:
Navroz K. Dubash
Publication Date:
08-2015
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
What should India put forward as the mitigation component of its climate contribution? India has dual interests in climate negotiations: safeguarding adequate energy for development, and promoting an effective international agreement to limit its climate vulnerability. To balance these interests, India should pledge well-developed sector-specific actions that maximize synergies across development and climate outcomes. This approach will avoid lock-in to a high carbon growth path while enhancing development. Sectoral actions could include an additional component conditional on availability of international climate finance. In addition, an updated emissions intensity target would serve as a useful complement to sectorally focused action.
Topic:
Climate Change, Development, Energy Policy, and Treaties and Agreements
Political Geography:
South Asia, India, and Global Focus

5799. An Excerpt from the Upcoming Book - Borderless Wars: Civil-Military Disorder and Legal Uncertainty

Author:
Antonia Chayes
Publication Date:
08-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Drones. Global data networks. The rise, and eventual primacy, of non-international armed conflict. All things the framers of the Geneva Conventions could have never fully conceived when doing their noble work in 1949; all things that rule warfare in the world today. So, how do we legally employ these new tools in these new circumstances? In her latest book, Antonia Chayes, former Under Secretary of the Air Force, explores the current legal underpinnings of counterinsurgency, counterterrorism, and cyber warfare, rooting out the ambiguities present within each realm, and telling the narrative of how these ambiguities have come to shape international security today. The grounded and creative solutions that she offers in terms of role definition and transparency will provide crucial guidance as the United States continues to navigate the murky modern military-legal landscape. This excerpt is a chapter from Borderless Wars: Civil-Military Disorder and Legal Uncertainty forthcoming in 2016 from Cambridge University Press.
Topic:
International Law, Counterinsurgency, Law, Military Affairs, Counter-terrorism, Drones, Conflict, Borders, and Law of Armed Conflict
Political Geography:
Afghanistan, Iraq, Global Focus, and United States of America

5800. Nip It in the Bud: Disrupting Insurgent Financial Networks Before They Take Root

Author:
Tom Keatinge
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
The rapid rise of Islamic State[1] has galvanised the international community to take action to contain it. One issue in particular – financing – has drawn increasing attention from policy-makers. As U.S. Secretary of Defense Chuck Hagel noted in August 2014, "ISIL is as sophisticated and well-funded as any group that we have seen. They’re beyond just a terrorist group…they are tremendously well funded."[2] He elaborated on this further in a September testimony to the U.S. Senate Armed Services Committee, stating that the United States would work with international partners "to cut off ISIL’s funding" and that "the Department of Treasury’s Office of Terrorism and Financial Intelligence is working to disrupt ISIL’s financing and expose their activities."[3] This decision by international partners to jointly focus on finance disruption has resulted in a bombing campaign partly targeting oil refineries (a major source of funds for Islamic State) and in a UN Security Council Resolution that exhorts the international community to inhibit foreign terrorist fighter travel and otherwise disrupt financial support.[4] ​ But will it work? This article will give necessary broader context on this key question by exploring in more general terms the importance of financing for terrorist and insurgent groups and the extent to which disrupting their funding can reduce the security threat posed by such groups. Specifically considering the evolution of Islamic State, this article will first review the importance of financing in conflict, then assess the way in which funding models develop. It will argue that, once groups move from a reliance on externally sourced funding to generating sufficient internal financing – a path several groups have now followed – disruption becomes significantly more challenging and complex. The international community consistently fails to prioritise the early disruption of terrorist and insurgent financing – an attitude that needs to change...
Topic:
Defense Policy, Counterinsurgency, Finance, Islamic State, and Financial Crimes
Political Geography:
Iraq, Middle East, Syria, and Global Focus