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51. Letting Lotus Bloom

Author:
Ann Hertogen
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
In an increasingly interdependent world, state sovereignty is inherently limited in order to protect the equal sovereignty of other states. However, identifying the precise constraints on states is a different and far more difficult question. The traditional answer is found in the Lotus principle, which consecrates a freedom to act unless explicitly prohibited by international law. The principle has rightly come under attack because of its incompatibility with the needs of a modern international community. This is usually followed by calls to disregard the precedential value of the Permanent Court of International Justice’s Lotus judgment on which it is based. This article defends the Lotus judgment but argues that the principle is the wrong reading of the majority opinion and that it fails to create the right conditions for interstate co-existence and cooperation, the twin goals of international law identified by the majority. The article then examines the meaning of ‘co-existence’ for contemporary international law and weighs the principle of ‘locality’ as an additional criterion that ought to be considered when resolving conflicting claims of jurisdiction.
Topic:
International Law, Sovereignty, International Affairs, and Courts
Political Geography:
Europe, Turkey, and France

52. The International Legal Status of the Vatican/Holy See Complex

Author:
John R. Morss
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article offers a re-examination of the international legal status of what is here termed the Vatican/Holy See complex (VHS), focusing on claims to statehood. The problematic ‘effect’ of Vatican City, of the Holy See, of the papacy and of associated entities is interrogated at the level of international law, entering as little as possible into administrative or theological distinctions. The various grounds cited as supporting status amounting to statehood are argued to be inadequate. The continuing exchange of representatives with states by the VHS is missionary and hierarchical in character and is reflective neither of the reciprocity of peers nor of customary obligation going to law. Agreements entered into by the papacy with the Kingdom of Italy (the Lateran Pacts) in 1929, relating to the status of the geographical territory known as Vatican City, cannot be determinative of international status. Nor can membership of international agreements and organizations confer a status amounting to statehood. Events and practices since 1929 have not substantially altered international status as of 1870. The Roman Catholic Church is but one of many faith-based international movements, and since the eclipse of the papal state nearly one-and-a-half centuries ago, the status in international law of its temporal headquarters in Rome should not be privileged.
Topic:
International Law, Religion, Sovereignty, and History
Political Geography:
Europe, Italy, and Vatican city

53. The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Force

Author:
Erika de Wet
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article examines how two prominent criteria for permissible military intervention by invitation as developed in doctrine are currently implemented by states as well as how this impacts the prohibition of the use of force. Controversies concern, in particular, the determination of the authority entitled to extend the invitation, as recently illustrated by the Russian claim that its military intervention in the Crimea was based on the invitation of (former) President Yanukovych. Does the inviting authority need to enjoy democratic legitimacy and/or be in de facto control of a state’s territory? Furthermore, it remains highly contentious whether an invitation for forcible intervention may be extended during a civil war. By analysing modern state practice in Africa – where most of the contemporary invitations for military assistance occur – and comparing it with recent developments in other regions, the author concludes that effective control rather than democratic legitimacy is (still) the point of departure for determining the legitimate government of a state. Once recognized, incumbent governments enjoy a large discretion when inviting military assistance from foreign governments. They seem to retain the right to military assistance even in situations of civil war and while exercising limited control over the territory.
Topic:
International Law, Sovereignty, United Nations, and Military Intervention
Political Geography:
Africa, Russia, Europe, and Crimea

54. Interrogations of Consent: A Reply to Erika de Wet

Author:
Dino Kritsiotis
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article presents a critical engagement with the issue of force and intervention undertaken with the consent of the state in whose territory it ultimately occurs and offers a critical assessment of Erika de Wet’s article ‘The Modern Practice of Intervention by Invitation in Africa and Its Implication for the Prohibition of the Use of Force’. It considers the different interpretative approaches suggested for consent and the Charter of the United Nations’ prohibition of force as well as the principle or principles that have come to govern the issuing of valid consent in international law. The contribution turns to some of the methodological positions taken in exploring the continuing validity of the so-called ‘effective control principle’ in modern African practice, and, as it does so, it probes the utility of questions for the jus ad bellum of ‘other’ international law (such as developments within the jus in bello and the law on self-determination).
Topic:
International Law, Sovereignty, United Nations, and Military Intervention
Political Geography:
Africa and Europe

55. 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

56. Is Flexible Integration Harming the Prospect of a Common Acquis?

Author:
Filippa Chatzistavrou
Publication Date:
03-2014
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
In the post-Lisbon era and especially since the outburst of the financial and European sovereign debt crisis, the EU has been changing significantly, to the extent that the meaning and the process of integration are being affected. While constitutional asymmetry is a longstanding feature of the EU polity, the real challenge today is the expanding scope and fragmented character of newly established forms of flexibility, and how they are being used politically. The flexible configuration of integration reinforces a trend toward fragmented integration. Flexibility within the EU could become an end in itself, a device to serve a wide range of strategic visions and preferences in sectoral politics.
Topic:
Politics and Sovereignty
Political Geography:
Europe and Lisbon

57. Table of Contents

Publication Date:
10-2014
Content Type:
Journal Article
Journal:
Journal of International Relations and Development
Institution:
Central and East European International Studies Association
Abstract:
Sovereignty at sea: the law and politics of saving lives in mare liberum Tanja E Aalberts and Thomas Gammeltoft-Hansen When 'blurring' becomes the norm and secession is justified as the exception: revisiting EU and Russian discourses in the common neighbourhood Eiki Berg and Martin Mölder Foreign policy analysis, globalisation and non-state actors: state-centric after all? Rainer Baumann and Frank A Stengel Regional integration and the challenge of overlapping memberships on trade Mwita Chacha Practicality by judgement: transnational interpreters of local ownership in the Polish-Ukrainian border reform encounter Xymena Kurowska.
Topic:
Foreign Policy, Globalization, Politics, and Sovereignty
Political Geography:
Russia, Europe, and Ukraine

58. The Union of South American Nations: Mapping Multilateralism in Transition

Author:
Sandra Borda
Publication Date:
05-2014
Content Type:
Working Paper
Institution:
International Peace Institute (IPI)
Abstract:
Regional politics in Latin America today are defined by a variety of trends: Brazil continues to grow, but its leadership in the region has substantially decreased during the administration of Dilma Rousseff, which began in 2011; several countries-including Argentina, Bolivia, and Venezuela-have chosen to "Latin-Americanize" their foreign policy, discarding their former alignments with the United States; left-leaning governments, clearly critical of US power in the region, have tried to consolidate organizations such as the Bolivarian Alliance for the Peoples of Our America (ALBA) to increase their autonomy vis-à-vis the United States; right and right-center governments have responded by deepening their commercial links with the United States and the European Union (EU) and by organizing the Pacific Alliance, a traditional arrangement for free-trade and freedom-of-movement; and, finally, many countries in the region are adopting-independently of their ideological and political orientations-increasingly diversified foreign policies. At the same time, the presence of extra-regional actors has become increasingly visible.
Topic:
International Cooperation, Regional Cooperation, Sovereignty, Bilateral Relations, and Governance
Political Geography:
United States, Europe, Brazil, South America, and Latin America

59. 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

60. What Future for Human Rights?

Author:
James W. Nickel
Publication Date:
08-2014
Content Type:
Journal Article
Abstract:
Like people born shortly after World War II, the international human rights movement recently had its sixty-fifth birthday. This could mean that retirement is at hand and that death will come in a few decades. After all, the formulations of human rights that activists, lawyers, and politicians use today mostly derive from the UN Universal Declaration of Human Rights, and the world in 1948 was very different from our world today: the cold war was about to break out, communism was a strong and optimistic political force in an expansionist phase, and Western Europe was still recovering from the war. The struggle against entrenched racism and sexism had only just begun, decolonization was in its early stages, and Asia was still poor (Japan was under military reconstruction, and Mao's heavy-handed revolution in China was still in the future). Labor unions were strong in the industrialized world, and the movement of women into work outside the home and farm was in its early stages. Farming was less technological and usually on a smaller scale, the environmental movement had not yet flowered, and human-caused climate change was present but unrecognized. Personal computers and social networking were decades away, and Earth's human population was well under three billion.
Topic:
Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, and International Affairs
Political Geography:
United States, Japan, China, Europe, Asia, and United Nations