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651. Bound to Fail: The Rise and Fall of the Liberal International Order

Author:
John J. Mearsheimer
Publication Date:
04-2019
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
The liberal international order, erected after the Cold War, was crumbling by 2019. It was flawed from the start and thus destined to fail. The spread of liberal democracy around the globe—essential for building that order—faced strong resistance because of nationalism, which emphasizes self-determination. Some targeted states also resisted U.S. efforts to promote liberal democracy for security-related reasons. Additionally, problems arose because a liberal order calls for states to delegate substantial decisionmaking authority to international institutions and to allow refugees and immigrants to move easily across borders. Modern nation-states privilege sovereignty and national identity, however, which guarantees trouble when institutions become powerful and borders porous. Furthermore, the hyperglobalization that is integral to the liberal order creates economic problems among the lower and middle classes within the liberal democracies, fueling a backlash against that order. Finally, the liberal order accelerated China's rise, which helped transform the system from unipolar to multipolar. A liberal international order is possible only in unipolarity. The new multipolar world will feature three realist orders: a thin international order that facilitates cooperation, and two bounded orders—one dominated by China, the other by the United States—poised for waging security competition between them.
Topic:
International Relations, International Relations Theory, and Liberal Order
Political Geography:
United States, China, and Europe

652. Power and Profit at Sea: The Rise of the West in the Making of the International System

Author:
J.C. Sharman
Publication Date:
04-2019
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
The making of the international system from c. 1500 reflected distinctively maritime dynamics, especially “gunboat diplomacy,” or the use of naval force for commercial gain. Comparisons between civilizations and across time show, first, that gunboat diplomacy was peculiarly European and, second, that it evolved through stages. For the majority of the modern era, violence was central to the commercial strategies of European state, private, and hybrid actors alike in the wider world. In contrast, large and small non-Western polities almost never sought to advance mercantile aims through naval coercion. European exceptionalism reflected a structural trade deficit, regional systemic dynamics favoring armed trade, and mercantilist beliefs. Changes in international norms later restricted the practice of gunboat diplomacy to states, as private navies became illegitimate. More generally, a maritime perspective suggests the need for a reappraisal of fundamental conceptual divisions and shows how the capital- and technology-intensive nature of naval war allowed relatively small European powers to be global players. It also explains how European expansion and the creation of the first global international system was built on dominance at sea centuries before Europeans’ general military superiority on land.
Topic:
International Cooperation, International Security, Military Strategy, Military Affairs, Navy, Law of the Sea, and Maritime
Political Geography:
United States and Europe

653. From Joining to Leaving: Domestic Law’s Role in the International Legal Validity of Treaty Withdrawal

Author:
Hannah Woolaver
Publication Date:
01-2019
Content Type:
Journal Article
Abstract:
If a state withdraws from a treaty in a manner that violates its own domestic law, will this withdrawal take effect in international law? The decisions to join and withdraw from treaties are both aspects of the state’s treaty-making capacity. Logically, international law must therefore consider the relationship between domestic and international rules on states’ treaty consent both in relation to treaty entry and exit. However, while international law provides a role for domestic legal requirements in the international validity of a state’s consent when joining a treaty, it is silent on this question in relation to treaty withdrawal. Further, there has been little scholarly or judicial consideration of this question. This contribution addresses this gap. Given recent controversies concerning treaty withdrawal – including the United Kingdom’s exit from the European Union, South Africa’s possible withdrawal from the International Criminal Court, and the threatened US denunciation of the Paris Agreement – and the principles underlying this body of law, it is proposed that the law of treaties should be interpreted so as to develop international legal recognition for domestic rules on treaty withdrawal equivalent to that when states join treaties, such that a manifest violation of domestic law may invalidate a state’s treaty withdrawal in international law.
Topic:
International Law, Treaties and Agreements, European Union, Courts, and State Actors
Political Geography:
United Kingdom, Europe, South Africa, and United States of America

654. Ocean Floor Grab: International Law and the Making of an Extractive Imaginary

Author:
Surabhi Ranganathan
Publication Date:
04-2019
Content Type:
Journal Article
Abstract:
In this article, I argue for a critical recognition of the law of the sea, as it developed from the post-war period, as fostering a ‘grab’ of the ocean floor via national jurisdiction and international administration. I discuss why we should view what might be discussed otherwise as an ‘enclosure’ or ‘incorporation’ of the ocean floor within the state system as its grab. I then trace the grounds on which the ocean was brought within national and international regimes: the ocean floor’s geography and economic value. Both were asserted as givens – that is, as purely factual, but they were, in fact, reified through law. The article thus calls attention to the law’s constitutive effects. I examine the making of this law, showing that law-making by governments was influenced by acts of representation and narrative creation by many non-state actors. It was informed by both economic and non-economic influences, including political solidarity and suspicion, and parochial as well as cosmopolitan urges. Moreover, the law did not develop gradually or consistently. In exploring its development, I bring into focus the role played by one influential group of actors – international lawyers themselves.
Topic:
Economics, International Law, History, Law of the Sea, and Maritime
Political Geography:
Europe and Oceans

655. The European Union and the Law of Treaties: A Fruitful Relationship

Author:
Paz Andrés Sáenz De Santa María
Publication Date:
07-2019
Content Type:
Journal Article
Abstract:
This article examines the European Union’s (EU) treaty practice from the perspective of the international law of treaties, focusing on its most significant examples. The starting point is the EU’s attitude towards the codification of treaty law involving states and international organizations. The article discusses certain terminological specificities and a few remarkable aspects, such as the frequent use of provisional application mechanisms as opposed to much less use of reservations, the contributions regarding treaty interpretation, the wide variety of clauses and the difficulties in determining the legal nature of certain texts. The study underlines that treaty law is a useful instrument for the Union and is further enriched with creative contributions; the outcome is a fruitful relationship.
Topic:
International Law, Treaties and Agreements, European Union, and Courts
Political Geography:
Europe and European Union

656. European Parliament President, Antonio Tajani

Author:
Antonio Tajani
Publication Date:
02-2019
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
This World Leaders Forum program features an address by European Parliament President Antonio Tajani, titled "United States and Europe Must Stand Together to Better Defend our Shared Values", followed by a question and answer session with the audience.
Topic:
Conflict Resolution, International Cooperation, International Trade and Finance, Migration, European Union, and Economic growth
Political Geography:
New York, Europe, United States of America, and European Union

657. Brigitte Bierlein, Federal Chancellor of the Republic of Austria

Author:
Brigitte Bierlein
Publication Date:
09-2019
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
This World Leaders Forum program features an address, Freedom, Security & the Rule of Law - a European Perspective, by Brigitte Bierlein, Federal Chancellor of the Republic of Austria, followed by a moderated question and answer session with the audience.
Topic:
Security, Human Rights, National Security, Law, Political stability, and Courts
Political Geography:
New York, Europe, Austria, and European Union

658. President Salomé Zourabichvili of Georgia

Author:
Salomé Zourabichvili
Publication Date:
09-2019
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
This World Leaders Forum program features an address, Georgia - land of attraction and opportunities: despite conflicts a regional player with Euro-Atlantic drive, by President Salome Zourabichvili of Georgia followed by a question and answer session with the audience.
Topic:
Conflict Prevention, Development, European Union, Displacement, and Conflict
Political Geography:
New York, Europe, and Georgia

659. Italy Joins the Belt and Road Initiative: Context, Interests, and Drivers

Author:
Dario Cristiani
Publication Date:
04-2019
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
In March 2019, Italy and the People’s Republic of China (PRC) signed a broad and comprehensive, albeit not legally binding, Memorandum of Understanding (MoU) for Italy to join the Chinese-led Belt and Road Initiative (BRI). This has triggered a significant debate—in Brussels as well as in Washington—about whether this decision signalled an Italian shift away from its historical pro-European and pro-Atlantic position, to a more nuanced position open to deepening strategic ties with China. The MoU is not definite proof of such a shift, and the Italian government has denied any strategic change. However, Italy is the first major European country, and the first Group of Seven (G7) member, to formalize its participation with the BRI project. As such, this development is particularly remarkable.
Topic:
Diplomacy, International Trade and Finance, Bilateral Relations, European Union, and Economy
Political Geography:
China, Europe, Asia, and Italy

660. Arrests in Poland Contribute to the International Controversies Surrounding Huawei

Author:
John Dotson
Publication Date:
02-2019
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
The December 1, 2018, arrest of Huawei chief financial officer Meng Wanzhou, and the arrest of another Huawei employee in Poland, come on the heels of a series of escalating measures—or measures under consideration—by governments in North America and the Pacific Region to restrict the use of Chinese-manufactured telecommunications equipment. Such measures are now increasingly under consideration in Europe, as well, with major implications not only for the international profile of companies such as Huawei, but also for the construction of advanced communications infrastructure throughout much of the world.
Topic:
Science and Technology, Cybersecurity, Economy, and Research
Political Geography:
China, Europe, Asia, Poland, North America, and United States of America