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21. The Limits of Legality and the United Nations Security Council: Applying the Extra-Legal Measures Model to Chapter VII Action

Author:
Devon Whittle
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
The United Nations Security Council (UNSC) is, in many ways, a unique institution. It exercises legislative, judicial and executive powers; operates with few legally binding checks and balances and has even been described as being ‘unbound by law’. The Council has broad powers to maintain international peace and security, most notably under Chapter VII of the UN Charter, and its decisions are binding on UN members. At the same time, some of the Council’s actions have been labelled as ultra vires and the lack of a binding, legal oversight mechanism to reign in Council action has been decried. Accepting that there is a difficulty in imposing legally binding checks and balances on the UNSC, this article argues that approaching the Council’s Chapter VII powers as a form of emergency powers may help to illuminate the role that non-legal restraints can play in curbing its power. In particular, this article uses Oren Gross’ ‘extra-legal measures model’ to conceptualize the Chapter VII regime and restraints upon it. It shows how the extra-legal measures model offers a descriptive account of UNSC action under Chapter VII and then builds on the gaps in the application of the model to the Council to highlight areas for the development of better restraints, in particular, in areas that may be missed by a traditional legal analysis.
Topic:
International Law, United Nations, International Security, and Peacekeeping
Political Geography:
Europe and United Nations

22. Applying the Extra-Legal Measures Model to Humanitarian Interventions: A Reply to Devon Whittle

Author:
Oren Gross
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
In ‘The Limits of Legality and the United Nations Security Council: Applying the Extra-Legal Measures Model to Chapter VII Action’, Devon Whittle analogizes the United Nations Security Council’s Chapter VII powers to domestic emergency powers. He then seeks to apply the extra-legal measures (ELM) model of emergency powers, which I developed some 20 years ago, to exercise by the Council of its Chapter VII powers. This brief comment seeks to expand the discussion of ELM in international affairs beyond the collective security system by exploring the application of ELM in the setting of unilateral humanitarian intervention.
Topic:
International Law, Treaties and Agreements, United Nations, International Security, and Humanitarian Intervention
Political Geography:
Europe, Kosovo, United Nations, and Syria

23. The Value of Alternatives: Why the EU is Indispensable to Central Asian Security

Author:
Luba von Hauff
Publication Date:
08-2015
Content Type:
Commentary and Analysis
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
The security risks of post-Soviet Central Asia are pronounced and therefore pres- ent on the agendas of most international actors, including the US, Russia, and China. The EU is also concerned, although it has hitherto not been known for political success in the region, especially in terms of security. Indeed, the EU’s approach to the region – oriented toward transformation, liberalization, and de- mocratization – has been largely labeled a failure, with minimal impact and prog- ress. Against this background, this article will review and discuss the nature of the threats to Central Asia’s security, establish the extent of the EU’s actual “failure” by examining the distinct characteristics of the EU’s security approach, and, finally, reflect on how European policy can have an impact on the local security situation in the future.
Topic:
International Security
Political Geography:
Europe and Asia

24. Foreign Fighters

Author:
The Soufan Group
Publication Date:
12-2015
Content Type:
Commentary and Analysis
Institution:
The Soufan Group
Abstract:
In June 2014, The Soufan Group (TSG) released its initial Foreign Fighters in Syria report, which identified approximately 12,000 foreign fighters from 81 countries. Nearly eighteen months later, despite sustained international effort to contain the Islamic State and stem the flow of militants traveling to Syria, the number of foreign fighters has more than doubled. Based on its own investigation, TSG has calculated that between 27,000 and 31,000 people have traveled to Syria and Iraq to join the Islamic State and other violent Salafist groups from at least 86 countries. This increase is evidence that efforts to contain the flow of foreign recruits to the Islamic State and other extremist groups in Syria have had limited impact.
Topic:
International Security
Political Geography:
Europe

25. Liberty, Equality, Connectivity

Author:
James Andrew Lewis
Publication Date:
02-2014
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
Europe and the United States have a collective interest in the promotion of a stable international order based on the rule of law, open and equitable arrangements for trade, and a commitment to democratic government and individual rights. These interests face renewed challenges in a complex global political environment.
Topic:
International Cooperation, Science and Technology, and International Security
Political Geography:
Europe

26. Cyber Threat and Response

Author:
James Andrew Lewis
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
Everyone knows that the Internet has changed how we interact, do business, and share information. The Internet can be an "innovation engine," but the same engine of innovation drives cyber threats to change faster than cyber defenses can react. Cyber threats are complex, dynamic, and network defenses have trouble keeping up with them.
Topic:
Defense Policy, Economics, Science and Technology, and International Security
Political Geography:
Europe

27. The Neighbourhood Policy is Dead. What's Next for European Foreign Policy Along its Arc of Instability?

Author:
Nathalie Tocci
Publication Date:
11-2014
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
The Arab uprisings alongside the Ukrainian crisis have triggered the perfect storm. The European Neighbourhood Policy (ENP), developed at the height of enlargement EUphoria, is in tatters. To be fair, its failure is only partly endogenous, and largely due to the dramatic transformation of the neighbourhood – east and south – which no one could have foreseen at the turn of the century. Be that as it may, the EU will have to fundamentally rethink its approach towards its turbulent backyard. To move forward, the EU needs to devise conceptually different approaches to the east and south. In both cases, instability and crises abound. In both, the magnitude of the challenges that the EU faces is so great that down-to-earth realism must be its guiding light. Formulating and pursuing down-to-earth objectives for the neighbourhood that reflect current realities is not cynical. It is responsible.
Topic:
Foreign Policy, Regional Cooperation, and International Security
Political Geography:
Europe, Ukraine, and Arabia

28. From the Gulf of Aden to the Gulf of Guinea: A New Maritime Mission for NATO?

Author:
Brooke Smith-Windsor and José Francisco Pavia
Publication Date:
01-2014
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
Later this year, the mandate of one of the most successful NATO maritime missions in history - counterpiracy operations off East Africa in the Gulf of Aden region - will expire. The question presently facing NATO's 28 members states is whether to subsequently retain a presence in a region where the threat is now considerably reduced, or alternatively, refocus resources to where they are conceivably needed more to secure Allied interests. This paper makes the case for judicious consideration of a potential rebalance to Africa's new maritime hotspot: the Gulf of Guinea to the continent's West where threats to regional, Euro-Atlantic and international security and prosperity are on the rise. While recognizing that any decision to realign strategic priorities is ultimately a political one, this paper explains why the factors to justify greater Alliance capacity building (Cooperative Security) in the Gulf of Guinea region already exist in four vital respects: (1) Allied interests at stake; (2) international legitimacy for action; (3) established strategic guidance for the employment of Allied maritime and other means outside NATO territory; (4) relevant Allied operational competencies and expertise.
Topic:
NATO, International Cooperation, International Security, Maritime Commerce, and Reform
Political Geography:
Africa, Europe, and Guinea

29. Neoclassical realism and international climate change politics: moral imperative and political constraint in international climate finance

Author:
Mark Purdon
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
Journal of International Relations and Development
Institution:
Central and East European International Studies Association
Abstract:
In this article, I present a neoclassical realist theory of climate change politics that challenges the idea that cooperation on climate change is compelled alone by shared norms and interests emanating from the international level and questions if instead material factors also play a significant constraining role. Relative-gains concerns incited by the international resource transfers implicit in climate change policy may compel some states to be prudent in their international climate change efforts and conserve resources domestically for future contingencies, including their own adaptation and resiliency. Neoclassical realism recognises such systemic constraints while also identifying international and domestic factors—a 'two-level game'—that explain variation in state sensitivity to relative gains. As a preliminary test of this theory, I compare the latest data on the magnitude, distribution and financial 'additionality' of climate funds and carbon markets. Climate funds are found to be more vulnerable to systemic forces identified by neoclassical realism because they are largely drawn from existing official development assistance budgets despite international commitments that funds are 'new and additional'. Carbon markets engage a relatively broader number of states and, contrary to moral hazard concerns, have been used to a greater degree by states reducing emissions domestically. While there are concerns about whether carbon credits represent genuine emission reductions, the effectiveness of climate funds is equally, if not more, dubious. I conclude that, while imperfect, carbon markets have too often been unfairly compared with an ideal climate finance mechanism that assumes few political constraints on international resource transfers for climate change.
Topic:
Security, Foreign Policy, International Security, Political Theory, and Bilateral Relations
Political Geography:
Europe

30. Foreign Fighters in Syria

Author:
Richard Barrett
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
The Soufan Group
Abstract:
Over 12,000 fighters from at least 81 countries have joined the civil war in Syria, and the numbers continue to grow. Around 2,500 are from Western countries, including most members of the European Union, the United States, Canada, Australia, and New Zealand. There are also several hundred from Russia. But the great majority are from the Arab World. Most are fighting with rebel groups, and increasingly with the most extreme among them; but many are also fighting with the Government, or with ethnic or faith communities that are trying to protect themselves from both sides. A lot are young, often teenagers, and a fair percentage of those arriving from non-Muslim majority countries are converts to Islam. These and others who share their faith commonly express their motivation as a religious obligation to protect fellow Muslims from attack. This sense of duty is captured by their loose use of the word 'jihad'.
Topic:
Security, Defense Policy, and International Security
Political Geography:
Russia, United States, Europe, Middle East, Canada, Arabia, Australia, Syria, and New Zealand