Search

Begin New Search Topic Treaties and Agreements Political Geography Europe

51. Shifting Sands: Power, Uncertainty and the Form of International Legal Cooperation

Author:
Timothy Meyer
Publication Date:
01-2016
Content Type:
Journal Article
Abstract:
This article argues that the form of international agreements – binding hard law agreements versus non-binding soft law agreements – can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyse the conditions – uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power – under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation rather than support it, as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the 20th century, partially explaining the increased importance of soft law to contemporary international governance.
Topic:
International Law, International Trade and Finance, Treaties and Agreements, and United Nations
Political Geography:
Europe, United Nations, and Global Focus

52. NATO’s Future: A Tale of Three Summits

Author:
Hans Binnendijk
Publication Date:
11-2016
Content Type:
Special Report
Institution:
Center for Transatlantic Relations
Abstract:
NATO tends to make progress on key policy issues and capability from summit to summit. Major shifts in the orientation of the Alliance can be traced to significant summits like London (1990), Washington (1999), Prague (2002), and Lisbon (2010). During the past two years, NATO has held a summit in Wales (4-5 September 2014) and one in Warsaw (8-9 July 2016). A third minisummit is planned for Brussels in 2017. These first two summits taken together again significantly shifted the focus of the Alliance in the face of a series of new and dangerous challenges in the East and South. They shifted NATO’s posture in the East from benign neglect to allied reassurance to some degree of deterrence. The proposed force posture is inadequate to defeat a determined Russian short warning attack. Considerable increases in forward deployed forces (perhaps seven brigades) plus strengthened reinforcements would be necessary for NATO to hold its ground. But the Warsaw formula does provide what might be called “deterrence by assured response.” In the South, Allies recognized the complexity of the threats to Europe and sought to define NATO’s role in dealing with them. The third summit next year in Brussels could set the stage for further progress on both fronts. Much more still needs to be done. But with these fairly dramatic changes, NATO is in the process of once again restructuring itself so that it will not be “obsolete” in the effort to provide security for the transatlantic allies. This paper briefly analyzes 20 key issues now facing the Alliance and highlights the progress made in Wales and Warsaw. It also suggests some directions for the Brussels summit and beyond.
Topic:
Defense Policy, NATO, International Cooperation, and Treaties and Agreements
Political Geography:
Russia, Europe, Brussels, Warsaw, and Wales

53. The Eastern Question: Russia, the West and Europe’s Grey Zone

Author:
Daniel S. Hamilton and Stefan Meister
Publication Date:
08-2016
Content Type:
Special Report
Institution:
Center for Transatlantic Relations
Abstract:
Russia under Vladimir Putin has become a revisionist power seeking to undo the post-Cold War settlement, control its neighborhood, and disrupt Western influence. By annexing the eastern Ukrainian region of Crimea and waging war in other parts of the country, the Kremlin seeks not only to undermine Ukraine's sovereignty but the European security order. The comfortable verities of the ''post-Cold War era'' are a paradigm lost. The Soviet succession continues to rumble, and a new era has begun - more fluid, more turbulent, more open-ended.
Topic:
Foreign Policy, NATO, Treaties and Agreements, Partnerships, Grand Strategy, Conflict, and Putin
Political Geography:
Russia, Europe, Ukraine, and North America

54. Exercising or Evading International Public Authority? The Many Faces of Environmental Post-Treaty Rules

Author:
Tim Staal
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Post-treaty instruments (PTIs) are informal instruments adopted by consensus of the treaty parties as follow-up decision to a particular provision in a treaty. PTIs are potentially significant instruments for advancing environmental global governance, as the treaty parties may use them to transform indeterminate treaty provisions into more specific environmental rules and decisions. While a number of PTIs are rightly characterized as exercises of authority, this article seeks to demonstrate how certain environmental PTIs with rule-setting character (‘PTRs’) amount to evasions of authority by reducing international authority over States’ environmental policies, or alleviate rather than tighten the treaty parties’ obligations, through their content or legal status. First, some PTRs avoid authoritative language, requiring little or no concrete action by the treaty parties. Some treaty-based assignments to adopt PTRs are never even acted upon. Other PTRs simply water down the obligations of the treaty parties compared to the underlying treaty provisions. Second, PTRs possess an ambiguous legal status both in legal doctrine and in the practice of domestic and EU courts. The article further argues that consensual decision-making may well be at the root of this ambivalent practice. As a broader contribution to the debate about International Public Authority (IPA), the proposition is advanced that we need to scrutinize more carefully what kind and degree of authority an instrument exercises exactly – or not. Evasions of authority and alleviations of obligations – which can be conceived as a special type of exercising authority through inaction – have important implications for what future legal frameworks of international public law must deliver in terms of effective and legitimate procedural design.
Topic:
Diplomacy, Environment, International Cooperation, Treaties and Agreements, Governance, and European Union
Political Geography:
Europe

55. Reviving the OSCE: European Security and the Ukraine Crisis

Author:
Stefan Lehne
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
After years at the margins of international diplomacy, the Organization for Security and Cooperation in Europe (OSCE) has suddenly regained political relevance because of the Ukraine crisis that began in 2014. The organization turned out to be the most appropriate framework to manage the crisis and prevent further escalation. To continue to play a useful role in resolving this issue and in easing tensions between Russia and the West, the OSCE needs to adjust its way of working and strengthen its toolbox. As the relationship between Russia and the West deteriorated at the end of the 1990s, the OSCE’s role declined. The organization’s arms control regime eroded, its debates on human rights relapsed into ideological confrontation, and its work on promoting economic cooperation never got off the ground. The Ukraine crisis has revived the organization. While political crisis management has been left mainly to a few capitals working with the parties to the conflict, the OSCE’s monitoring mission in Ukraine has become an essential factor of stability. Violence has not stopped, however, and the mission’s work remains hampered by insufficient cooperation from the parties. The OSCE has also assumed an important role in facilitating negotiations on implementing the Minsk agreement, which contains a road map for a political settlement. However, little progress has been made so far. diplo
Topic:
Security, Political Violence, Diplomacy, Human Rights, Regional Cooperation, and Treaties and Agreements
Political Geography:
Russia, Europe, and Ukraine

56. On the Road to Paris: How Can the EU Avoid Failure at the UN Climate Change Conference (COP 21)?

Author:
Lisanne Groen
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
At the 15th UN Framework Convention on Climate Change (UNFCCC) Conference of the Parties (COP) meeting in Copenhagen in 2009, the European Union (EU) failed to achieve most of its objectives. In 2011, at the 17th COP meeting in Durban, the EU was crucial in bringing about a deal on a roadmap towards a new global climate change agreement, to be adopted in December 2015 at the 21st COP meeting in Paris. This paper examines the lessons the EU has learned and can learn from its experience in Copenhagen in the run-up to Paris. It considers, first, the EU’s relative bargaining power; second, the relative position of its objectives/interests mapped against those of other negotiating parties; and third, how the EU can leverage its relative power through strategic action in pursuit of its objectives. The paper recommends that the EU focus on building a broad alliance with other progressive negotiating parties on mitigation in order to avoid a lowest common denominator outcome.
Topic:
Climate Change, Diplomacy, Industrial Policy, Treaties and Agreements, and European Union
Political Geography:
Europe
Publication Identifier:
978-88-98650-57-6
Publication Identifier Type:
DOI

57. The Best of Both Worlds: The Unexploited Potential of Inter-parliamentary Cooperation in the EU

Author:
Karolina Borońska-Hryniewiecka
Publication Date:
08-2015
Content Type:
Policy Brief
Institution:
The Polish Institute of International Affairs
Abstract:
During his first visit to Warsaw after re-election as prime minister of the UK, David Cameron found an ally in support of one of his ideas to reform the EU. Rafał Trzaskowski, the Polish minister for Europe, speaking on behalf of the Polish government, officially endorsed the British position to strengthen national parliaments in EU policymaking. Yet, the proposals to date either require treaty changes or are merely technical adjustments. In fact, much more could be achieved by enhancing the mechanisms of inter-parliamentary cooperation within the existing scope of the treaties. Although this would play very well with the current institutional climate of better regulation and more transparency, it also requires a genuine political will on the side of EU institutions and Member States, which seem to be the missing link.
Topic:
Politics, Regional Cooperation, Treaties and Agreements, and European Union
Political Geography:
United Kingdom and Europe

58. Land Rights in Nineteenth-Century Ottoman State Succession Treaties

Author:
Ilias Bantekas
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
Ottoman state practice in the field of state succession in the 19th century displayed strict adherence to the European notions of international law. This is evident from the ratification of cession treaties, attention to reciprocity, the use of mediation and reliance on the existing laws of war principles, including the legal effects of occupation, conquest and the rights and duties of belligerents. This article focuses on state succession treaties with Greece since they represented the paradigm for all future treaties, and it examines the Islamic origin of Ottoman land regulation. The Ottomans succeeded in attaching a further condition to their cession arrangements with the new Greek state, namely the latter’s obligation to respect the property rights of Muslim citizens. This arrangement brought into play the application of Ottoman land law, to which Greece was under no obligation to succeed. This body of law, particularly the set of property rights bestowed under it, became a focal point in the ensuing state succession negotiations. It was the actual basis of Muslim property rights – a precursor to contemporary property rights – and a sine qua non element of Ottoman practice in the law of state succession. In this light, Ottoman land law and institutions should correctly be considered to be general principles of law – with origins from the Quran and the early caliphates – as well as regional custom, at least in the territories liberated from Ottoman rule, which continued to apply and enforce it not only among Muslims but also in the property relations of the indigenous ethnic communities.
Topic:
International Law, Islam, Treaties and Agreements, History, and Land Law
Political Geography:
Europe, Greece, and Ottoman Empire

59. James C. Hathaway, Michelle Foster. The Law of Refugee Status

Author:
Rosemary Byrne
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
The claims made by migrants seeking protection under the 1951 Convention Relating to the Status of Refugees (Refugee Convention) have created a staggering body of state practice emerging from the interpretation by national courts of what is the earliest universal human rights treaty. The first edition of James Hathaway’s The Law of Refugee Status, alongside Guy Goodwin-Gill and Jane McAdam’s The Refugee in International Law, is one of the essential texts on every refugee lawyer’s bookshelf. Now in its second edition, co-authored by Hathaway and Michelle Foster, The Law of Refugee Status is likely to maintain its standing.
Topic:
International Law, Treaties and Agreements, United Nations, Refugees, and Courts
Political Geography:
Europe, United Nations, and Mediterranean

60. Arnaud de Nanteuil. Droit International de l'investissement

Author:
Eric De Brabandere
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
There clearly is no dearth in publications dealing with the burgeoning field of international investment law. And one might wonder whether another handbook is needed on the subject. Yet Arnaud de Nanteuil’s Droit International de l’investissement has certain features that make the book of particular interest. Notably, it constitutes the first francophone handbook exclusively dedicated to international investment law.
Topic:
International Law, International Trade and Finance, Treaties and Agreements, and Courts
Political Geography:
Europe and France