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21. The Sanctions Policy of the European Union: Multilateral Ambitions Versus Power Politics

Author:
Éric-André Martin
Publication Date:
10-2019
Content Type:
Special Report
Institution:
Institut français des relations internationales (IFRI)
Abstract:
Restrictive measures are a major instrument of the European Union (EU)’s external action, which has emerged as one of the world’s leading sanctions emitters. The EU has thus leveraged the size of its market and its economic and financial clout (trade relations, aid policy and bilateral agreements). Through its significant activity in the field of sanctions, the EU has been able to reinforce its image as a normative power and a global player, contributing actively to international peace and stability. The EU’s restrictive measures were adopted in a favorable international context, marked by the legitimacy that was conferred, most of the time, by United Nations resolutions, and by close coordination with the United States (US). This privileged period culminated with the management of the Iranian crisis and the conclusion of the 2015 Vienna Agreement. More recently, however, sanctions have tended to lose their function as an instrument contributing to shape a shared vision of the world order, and to become what they are in essence, namely an instrument of statecraft dedicated to the protection of States’ national interests. This trend is illustrated on the one hand by the affirmation of a unilateral United States policy on sanctions, which tends to extend the scope of coercion to third parties, including European entities, and on the other hand, by the increasing use of sanctions by powers like China and Russia as a geo-economic tool.
Topic:
Sovereignty, Power Politics, Sanctions, and Multilateralism
Political Geography:
China, Europe, Asia, and European Union

22. Beijing’s Reactions to November Developments Surrounding the Crisis in Hong Kong

Author:
Elizabeth Chen and John Dotson
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
The year 2019 has seen a gradually escalating crisis in the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China (PRC). The territory has seen continuing unrest since mass protests first broke out in June, in response to a draft extradition law that would have allowed Hong Kong residents to be arrested and sent to mainland China for prosecution.
Topic:
Sovereignty, Elections, Democracy, State Violence, and Protests
Political Geography:
China, Asia, Hong Kong, and United States of America

23. Human rights treaty ratification behavior: An ASEAN Way of creating regional standards

Author:
William J. Jones
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
The Rest: Journal of Politics and Development
Institution:
Centre for Strategic Research and Analysis (CESRAN)
Abstract:
The signing of the ASEAN Human Rights Declaration in 2012 supposedly provides a long awaited triumph for human rights in the region and a measure by which regional human rights can finally prevail in parallel with the new ASEAN Intergovernmental Commission on Human Rights. It is my argument that there are two primary challenges to realizing universal regional human rights standards; ASEAN’s constitutive norms/identity and fragmentation of human rights understandings in national legal interpretations of international human rights instruments. To substantiate this I will analyze treaty ratification behavior of ASEAN states to find out what are interests and preferences of ASEAN states in terms of human rights by analyzing treaties and reservations/ declaration/statements which are attached to international human rights instruments that ASEAN states sign/accede to. Furthermore, I will demonstrate that treaty ratification behavior of ASEAN states is consistent with two strains of regional thought: sovereignty fears and cultural resistance to human rights norms and standards.
Topic:
Human Rights, International Cooperation, Regional Cooperation, Sovereignty, and Humanitarian Crisis
Political Geography:
Asia and Southeast Asia

24. Determining the Relationship Between International and Domestic Laws Within an Internationalized Court: An Example From the Cambodian Extraordinary Chambers’ Jurisdiction Over International and Domestic Crimes

Author:
Melanie Vianney-Liaud
Publication Date:
08-2015
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Internationalized criminal tribunals such as the Extraordinary Chambers in the Courts of Cambodia (ECCC) differ from traditional international criminal tribunals by a lesser degree of internationality. The ECCC emerged through an international agreement but their mixed composition and operating rules are also defined in Cambodian Law. The relationship between the ECCC’s Agreement and Law has not been clearly stated, which generates questions since both texts are not always consistent. This paper proposes, through the study of the provisions of the ECCC Law relating to the ECCC’s subject-matter jurisdiction, to determine the impact of such discrepancies on the activity of the Chambers. The decisions of their judicial bodies on the application of Articles 3, 4 and 5 which provide for the ECCC’s jurisdiction over crimes against humanity, genocide and certain domestic crimes have allowed to cope with the uncertainty generated by those differences. However, a bigger issue remains which is due to the ECCC’s particular hybrid structure. Composed of national judges in the majority, ECCC’s decisions may only be taken if the required qualified majority is reached, which implies the need for an agreement with their international counterparts.
Topic:
International Law, Sovereignty, Legal Theory, and Jurisdiction
Political Geography:
Asia and Cambodia

25. China and Vietnam in the South China Sea: Disputes and Strategic Questions

Author:
Talita Pinotti
Publication Date:
12-2015
Content Type:
Journal Article
Journal:
AUSTRAL: Brazilian Journal of Strategy International Relations
Institution:
Postgraduate Program in International Strategic Studies, Universidade Federal do Rio Grande do Sul
Abstract:
The dispute between China and Vietnam in the South China Sea involves strategic interests that are mixed with cultural and historical heritages fundamental to the understanding of their respective positions. Ensure the sovereignty over the islands, for these countries, also means to ensure important economic and geopolitical interests in Asia.
Topic:
Sovereignty, Culture, Global Political Economy, Conflict, and Heritage
Political Geography:
China, Asia, Vietnam, and South China Sea

26. Relations informelles entre Pékin et Taipei : l’essor de la diplomatie académique dans le détroit de Taiwan (Informal Relations Between Beijing and Taipei: The Expansion of Academic Diplomacy in the Taiwan Strait)

Author:
Alice Ekman
Publication Date:
09-2015
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales (CERI)
Abstract:
Since the Kuomintang returned to power in 2008, Beijing has adjusted its communication strategy towards Taiwan, while maintaining the same long-term goal of reunification. This strategy of rapprochement by seduction rather than by threat promotes the rapid growth of exchanges between the Chinese and Taiwanese populations at all levels: students, tourists, farmers, businessmen, academics, retired diplomats and military, politicians, etc. Especially, the multiplication of meetings between academics of both countries is creating new channels of communication over the Strait, allowing on the one hand to compensate for the lack of formal diplomacy between Beijing and Taipei, and on the other hand to compete with informal diplomatic links existing between Taiwan and several of its partners (US and Japan, mainly). These communication channels could ultimately reinforce Beijing’s strategy – and China keeps investing heavily in their development – but could also be used as a conduit to prevent and to manage crisis would tensions reappear in the Strait.
Topic:
Nationalism, Sovereignty, Borders, Identities, and State
Political Geography:
China, Taiwan, and Asia

27. China's frail historical claims to the South China and East China Seas

Author:
J. Bruce Jacobs
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
American Enterprise Institute for Public Policy Research
Abstract:
China has recently attempted to use military force to back up alleged historical claims to the South China Sea and East China Sea; however, upon closer examination, the claims do not hold up. China's belligerent attempts to enforce its claims in the South and East China Seas endanger peace in Asia. China appears unlikely to accept any reasonable proposals that respect history and geography. Southeast Asian nations and other interested countries, like the United States and Australia, must maintain a military presence to deter Chinese aggression while attempting to negotiate a peaceful settlement with China.
Topic:
International Law, Sovereignty, History, Territorial Disputes, and Governance
Political Geography:
United States, China, Asia, Australia, East China, and South China

28. Resisting Hegemony: Transformations of National Identity Under Foreign Occupation

Author:
Robert Person
Publication Date:
02-2014
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
How does the content of national identity change under foreign occupation? Using historical sources and analysis of Estonian nationalist discourse in the late Soviet period, this article demonstrates how and why Estonians built identity boundaries to delegitimize Soviet occupation. Adapting the content of their national identity in order to emphasize that "we" are the opposite of "them," Estonians adopted attributes of their own identity formed in dialectic opposition to perceived Russian attributes. However, not all "others" are equal: under occupation, identity development is oriented in opposition to the negative "other" rather than positive "others" toward which the occupied might aspire.
Topic:
Imperialism, Sovereignty, and Hegemony
Political Geography:
Russia, Europe, and Asia

29. Why Brazil has not criticised Russia over Crimea

Author:
Oliver Stuenkel
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Emerging powers frequently stress the importance of sovereignty and the inviolability of international law. As a consequence, many Western observers expected that emerging powers such as Brazil would be quick to condemn Russia's annexation of Crimea. Yet Brazil remained neutral and abstained from the UN General Assembly resolution that criticised Russia. Together with the other BRICS countries, it opposed suggestions to exclude Russia from the G-20, thus markedly reducing the effectiveness of Western attempts to isolate President Putin. Brazil's unwillingness to criticise Russia may have less to do with its opinion on Russia's annexation of Crimea per se and more to do with Brasília's scepticism of Western attempts to turn Russia into an international pariah. From Brasilia's perspective, pushing countries against the wall is rarely the most constructive approach. In addition, many in Brazil are wary of a global order that privileges the U.S. and allows it to flout many norms that apply to everyone else, arguing that these double standards are far more damaging to international order than any Russian policy. Finally, Russia annexed Crimea at a time when anti-Americanism around the world still runs high as a consequence of the NSA spying scandals, making alignment with U.S. positions politically costly at home.
Topic:
Emerging Markets, Politics, and Sovereignty
Political Geography:
Russia, Europe, Asia, Brazil, and South America

30. Indian perspectives on the Ukrainian crisis and Russia's annexation of Crimea

Author:
Varun Sahni
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
The statement by India's national security adviser on March 6th 2014 referring to "legitimate" Russian interest in Ukraine was unsurprisingly criticised in the West, but appreciated in Russia. Most observers missed other important elements in the statement: reference to Ukraine's internal issues; recognition that both Russian and other interests were involved; and emphasis on a peaceful settlement, reconciliation and negotiation. Debate on the Ukrainian crisis has been largely absent in India due to preoccupation with national elections, widespread consensus that Russia is a dependable "friend of India", and sneaking admiration of President Putin for his "decisiveness" in promoting Russia's interests and open defiance of the West. While China and Pakistan have deployed historical/ethno-cultural arguments to dispute Indian sovereignty over territories that India considers its own, India has consistently rejected claims to alter the territorial status quo on grounds of kinship across sovereign borders.
Topic:
Security, Foreign Policy, Sovereignty, and Territorial Disputes
Political Geography:
Russia, Ukraine, India, and Asia