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291. Andrea Carcano. L'occupazione dell'Iraq nel diritto internazionale

Author:
Mirko Sossai
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
The renewed interest in the law of belligerent occupation probably reached its peak in 2009, when various monographs were published by distinguished authors as well as by younger scholars. The book under review originated from a doctoral thesis defended by Andrea Carcano at the University of Milan. His investigation focuses on the 2003 occupation of Iraq as the ideal test-case to verify whether the existing legal regime is adequate to address the challenges posed by present-day scenarios, including Afghanistan, Congo, and the Arab–Israeli conflict. The book is divided into three parts. The first one comprises two chapters, which present respectively the legal framework of belligerent occupation and the other applicable norms of international law. Chapter I takes a historical perspective on the legal concept of occupation, which the author considers functional to the subsequent analysis for two main reasons: to investigate the underlying values guiding the development of the law of belligerent occupation; and to compare current theories regarding the role of the law in such a situation with similar arguments upheld in the past (at 13). Carcano identifies three epochs, which modelled different concepts of occupation. The first one is valid until the Modern Age and is influenced by the Roman law tradition: occupation is considered as 'conquest and exploitation of the territory'. The modern notion of occupation, defined as 'administration and effective control', emerged during the 18th century, at the time of the consolidation of sovereign states in Europe. Whereas Vattel had already in theory identified the differentiation between sovereignty and private ownership, it was August Heffter, a century later, who first recognized the legal implications of the distinction between occupatio bellica and debellatio (at 24). Finally, the last model is that of the occupation as 'transformation': Carcano identifies it as 'a military action aimed at the radical …
Topic:
Development and International Law
Political Geography:
Afghanistan, Europe, Israel, Paris, and Arabia

292. From Colonialism to Partnership in Africa-Europe Relations?

Author:
Gerrit Olivier
Publication Date:
03-2011
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
The European Union has been trying to achieve its long-term goals through partnerships and cooperation with other like-minded global actors. Africa (through its regional institutional body, the African Union) has been the first and only multilateral entity with which the EU has forged a long-term partnership. Despite its rhetorical language, the Africa-EU Strategic Partnership is unlikely to upgrade the political and economic interaction between the two partners. In the past few years, serious rifts have grown between the EU and its African counterparts concerning trade agreements and development policies. Moreover, new actors have made significant inroads in Africa, providing an alternative to its long-standing dependence on Europe.
Topic:
Development
Political Geography:
Africa and Europe

293. Development of International Relations theory in China: progress through debates

Author:
Yaqing Qin
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
The development of International Relations theory (IRT) in China has been framed by three debates since 1979. The first was about China's opening up to the outside world. It started with the question of whether the world was characterized by 'war and revolution' or 'peace and development' between orthodox and reformist scholars and continued to focus on China's interest between orthodox scholars and the newly rising Chinese realists. It resulted in a wide acceptance of the reformist argument that peace and development characterized our era and of the realist view that China was a normal nation-state and should have its own legitimate national interest. The second started in the early 1990s and centered on the better way of realizing China's national interest. It was between Chinese realists and liberals. While the former emphasized national power, the latter proposed the alternative approach of international institutions. The third debate was on China's peaceful rise. It evolved at the turn of the century, when all the three major American IRTs, realism, liberalism, and constructivism, had been introduced into China and therefore the debate was more a tripartite contention. Realists believed that it was impossible for any major power to rise peacefully, while liberals and constructivists both supported the peaceful-rise argument. Liberals stressed more the tangible benefits derived from international institutions and constructivists explored more China's identity in its increasing interaction with international society. Although it was Chinese constructivists who explicitly discussed the identity issue, all the three debates and all the debating sides have reflected this century puzzle since the Opium War – China's identity vis-à-vis international society. These debates have helped push forward the IRT development in China and at the same time established Western IRT as the dominant discourse. A new round of debate seems likely to occur and may center on the question of the world order. This time it may help the newly burgeoning but highly dynamic Chinese IRT to develop and contribute to the enrichment of IRT as knowledge of human life.
Topic:
International Relations and Development
Political Geography:
China, America, and Europe

294. Balancing growth and stability in EU financial reform

Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Oxford Economics
Abstract:
The financial crisis has forced a reappraisal of the regulatory architecture, globally and in the EU and its member states. Around the world, policymakers are proposing significant changes to rules governing the financial sector, with the goal of making the financial system more resilient. Given the large and visible costs of financial instability for Europe, it is natural for European policymakers to make the avoidance of financial crises a high priority. But it is also important to recognise that regulation carries a range of costs that can dilute the economic benefits of a competitive and dynamic financial services sector. The academic literature has robustly established that financial development is not only the consequence of economic growth but also a driver. If the EU is to achieve the ambitious goals for unleashing private enterprise and creating jobs set out within the Europe 2020 agenda, then it cannot afford to overlook the role of the financial system in fostering innovation and growth. As supervisory authorities consider a broad set of proposals to strengthen the regulatory infrastructure, a n important quest ion that arises is how to assess the aggregate impact of these various measures. Although each may look sensible in isolation, they could still impose a larger - than - expected burden on the financial system when take n in the aggregate. The focus of policy reforms should be on forcing financial institutions to internalise the social costs of their risk - taking decisions rather than suppressing financial innovation. Credible policies to allow the failure of financial institutions would encourage market monitoring of risk - taking, reducing the need for additional prudential regulation and minimising costs to the taxpayer in the event of bankruptcy. Policymakers should aim to put in place an objective, sustainable and flexible regulatory regime, as the design of the regulatory framework will play a significant role in the future development of both the financial industry and the wider economy. International consistency in the regulatory reform agenda is also important so as not to risk fragmentation of global capital markets, which bring significant economic benefits to companies and consumers alike. The economic and social purpose of financial markets is the efficient allocation of capital, and the regulatory agenda must be framed around this goal. At a time when the European economy is struggling to recover lost ground, changes to the regulatory regime should not unduly restrict the potential of the financial sector to contribute to the continents future prosperity.
Topic:
Development, Economics, Globalization, International Trade and Finance, and Financial Crisis
Political Geography:
Europe

295. Decolonization by Europeanization? The Early EEC and the Transformation of French-African Relations

Author:
Martin Rempe
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
“Françafrique”, “Francophonie”, “l'état franco-africain” and “Mafiafrique” – all these terms are commonly used if one comes to talk about French-African relations after the severing of colonial ties in 1960. Even though they bear slightly different meanings, they share the notion of a very close, stable, and continuous if not to say colonially-styled relationship. According to the relevant literature, the European Economic Community (EEC) acted thereby as a stabilizing instrument. Against this backdrop, the paper tries to present new perspectives on the complex relationship between the EEC, France and its former African colonies associated to the community since 1958. The paper explores to what extent France's belonging to the EEC triggered Europeanization processes that directly affected French-African relations and eventually acted in favor of decolonization of metropolitan France. I will argue that in the course of the 1960s, emulation of community procedures as well as supranational legal coercion to a certain extent transformed French development co-operation and trade relations with the Francophone African states and in the end fostered France's regional reconfiguration towards Europe.
Topic:
Development, Post Colonialism, and Foreign Aid
Political Geography:
Africa, Europe, and France

296. Turkey in Europe: Record, Challenges and the Future

Author:
Daivd Lovell
Publication Date:
07-2011
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
The relationship between Turkey (and its predecessor, the Ottoman Empire) and Europe has been long, often tense or openly hostile, and is in some senses fundamental to the identities and development of each; this relationship also adds a considerable burden of suspicion to Turkey's current aim of joining the European Union (EU). This essay examines these propositions by providing an account of the history of the relationship and of Europe's recent, conditional approach to Turkish accession to the EU. While accepting that much remains to be done at the institutional level to bring Turkey into alignment with EU norms, this paper argues that Turkish accession is a historic opportunity for Europe that it should not squander. Despite mixed signals, further development of Turkey's democracy along the path to Europe is the most likely course. The story is not “never-ending”, but the end will not come quickly.
Topic:
Development
Political Geography:
Europe and Turkey

297. A European Strategy for Democracy, Development and Security for the Mediterranean

Author:
Stefano Silvestri
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
The European Union urgently has to work out a new strategy towards the Mediterranean and the Middle East. It has to back the democratic transformations of Arab societies, but also assert the need for new cooperation in the field of security so that the inevitable changes do not produce new international crises and do not generate new threats. The EU can take advantage of a favourable situation which, however, may not last long. This is a crucial test for the Union's common foreign and security policy after Lisbon.
Topic:
Security, Democratization, and Development
Political Geography:
Europe, Middle East, and Lisbon

298. Regional Development Banks (ABCs of the IFIs Brief)

Author:
Jenny Ottenhoff
Publication Date:
09-2011
Content Type:
Policy Brief
Institution:
Center for Global Development (CGD)
Abstract:
The regional development banks (RDBs) are multilateral financial institutions that provide financial and technical assistance for development in low- and middle-income countries within their regions. Finance is allocated through low-interest loans and grants for a range of development sectors such as health and education, infrastructure, public administration, financial and private-sector development, agriculture, and environmental and natural resource management. The term RDB usually refers to four institutions:
Topic:
Development, Economics, Foreign Aid, and Foreign Direct Investment
Political Geography:
Africa, Europe, and Asia

299. Leadership Selection at the International Financial Institutions

Author:
Jenny Ottenhoff
Publication Date:
09-2011
Content Type:
Policy Brief
Institution:
Center for Global Development (CGD)
Abstract:
The International Financial Institutions (IFIs) are multilateral agencies. The term typically refers to the International Monetary Fund (IMF), which provides financing and policy advice to member nations experiencing economic difficulties, and the multilateral development banks (MDBs), which provide financing and technical support for development projects and economic reform in low- and middle-income countries. The term MDB is usually understood to mean the World Bank and four smaller regional development banks: African Development Bank (AfDB). Asian Development Bank (ADB). European Bank for Reconstruction and Development (EBRD) Inter-American Development Bank (IDB).
Topic:
Development, Economics, International Monetary Fund, Foreign Aid, and World Bank
Political Geography:
Africa, America, Europe, and Asia

300. Unity in Diversity: A Global Consensus on Choosing the IMF's Managing Director: Evidence from CGD's Online Survey

Author:
David Wheeler
Publication Date:
09-2011
Content Type:
Working Paper
Institution:
Center for Global Development (CGD)
Abstract:
On May 19, 2011, the Center for Global Development launched an online survey of the global development community on three issues: the selection process for the IMF's managing director, criteria for rating the candidates, and actual ratings for 15 candidates who had been named by the international media. Between May 19 and June 23, CGD received 790 responses from people whose characteristics reflect the diversity of the international finance and development community. Survey participants represent 81 nations, all world regions, high-, middle-, and low-income countries, and all adult age groups. In this working paper, David Wheeler analyzes the survey results, incorporating the diversity of the respondents by dividing participants into four mutually exclusive assessment groups: Europeans, who have a particular interest in this context; non-European nationals of other high-income countries; and nationals of middle- and low-income countries. Although the participants are diverse, their responses indicate striking unity on all three survey issues. First, both European and non-European participants reject Europe's traditional selection prerogative by large margins, with equally strong support for an open, transparent, competitive selection process. Second, participants exhibit uniformity in the relative importance they ascribe to CGD's six criteria for selecting candidates. Third, the participants exhibit striking consistency in rating the fifteen candidates.
Topic:
Development, Economics, International Monetary Fund, and Governance
Political Geography:
Europe