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221. When the Exception Overtakes the Rule: COVID-19, Security Exemption Clauses, and International Investment Agreements

Author:
Kayla Maria Rolland
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In the trade and investment law regimes built in the post-war period, “security exemption clauses” were included within trade and investment agreements as a safety valve, permitting States to deviate from their commitments in the event that their security interests were implicated. Initially, these clauses were understood to be narrowly limited to instances of war and interstate conflict. With the rise of the national security state in the decades since, however, the concept of security interests has ballooned to encompass an ever-growing set of issues, with some fearing that the rules may become irrelevant. This has been particularly facilitated through “third generation” security exemption clauses and their inclusion of self-judging language. The COVID-19 pandemic in particular adds a new dimension to this phenomenon. As a case study analysis of the text of the Chile-Hong Kong, China SAR bilateral investment treaty (BIT) will demonstrate, it may be feasible for States to invoke security exemption clauses to justify measures taken in response to the COVID-19 pandemic in some contexts, particularly with third generation, self-judging security exemption clauses. The expanding notions of security exemption clauses have significant implications for the investor-State dispute system as a whole.
Topic:
Security, International Law, International Trade and Finance, Treaties and Agreements, COVID-19, and International Investment Agreements
Political Geography:
China and Global Focus

222. A New Vision for Peace Operations

Author:
Eugene Chen
Publication Date:
10-2024
Content Type:
Special Report
Institution:
Center on International Cooperation (CIC)
Abstract:
Over the past eight decades, United Nations (UN) peace operations have demonstrated themselves to be valuable tools for prevention, peacemaking, peacekeeping, and peacebuilding. But they have also struggled to meet the expectations of their varied audiences, including the Security Council, host governments, and local populations. Many of these struggles stem from the supply-driven approach to how missions have been planned and deployed, which drives many of the shortcomings that are evident in missions today, such as sprawling mandates that are not focused on the political solutions necessary to resolve conflict, templated approaches to mission design and mandate implementation, and friction with other UN entities and organizations. Although these shortcomings are present throughout the mission lifecycle, they are particularly evident now with ongoing drawdowns and transitions in Mali, Sudan, Somalia, Iraq, and the Democratic Republic of the Congo (DRC) and as countries increasingly turn to alternatives to UN peace operations, such as peace enforcement and counterterrorism operations undertaken by regional organizations and ad hoc coalitions, despite their poor track record at fostering lasting peace. A new approach to peace operations is necessary to overcome these shortcomings, one that acknowledges that UN peace operations always operate in an environment alongside other actors and that no single entity or organization has the capacity and resources to tackle the full range of activities required to help a country towards sustaining peace. In advocating for a shift in the planning, design, and management of UN peace operations, this report provides ideas for how to implement recommendations from A New Agenda for Peace as well as considerations for the upcoming 2025 peacebuilding architecture review (PBAR). Elements of this approach can already be put into practice as part of transition contexts, where the Peacebuilding Commission and the General Assembly can play an important role in considering follow-on arrangements and how to provide countries with tailored packages of support to national prevention strategies. By allowing peace operations to better meet the expectations of key stakeholders such as the host government and Security Council while reducing friction with the UN country team and other actors, this new approach can help overcome the current crisis of confidence in UN peace operations and ensure that the UN can continue to play an important role in the maintenance of international peace and security in a time of increasing geopolitical contestation.
Topic:
Conflict Prevention, United Nations, Peacekeeping, and Peacebuilding
Political Geography:
Global Focus

223. Tipping the Scales: Towards a People-Centered Justice Approach to Resilience in Fragile Contexts

Author:
Jonathan Papoulidis, Swati Mehta, and Nate Edwards
Publication Date:
10-2024
Content Type:
Special Report
Institution:
Center on International Cooperation (CIC)
Abstract:
Once synonymous with food security, resilience has undergone a quiet revolution over the last decade, shifting from a sector silo to an emerging paradigm of engagement for donors and multilateral institutions. This paper traces the evolution and importance of this emerging resilience paradigm and the simultaneous rise of people-centered approaches to justice (PCJ). It argues that PCJ is a vital but missing element of the new resilience paradigm and key to its success. The paper proposes a conceptual framework for a PCJ approach to resilience and offers a few illustrative examples of how the framework might be applied to fragile contexts and beyond. The examples used are not prescriptive, but rather intend to offer grounding to what is otherwise a largely conceptual framework. The application of the framework will require additional resources, on-the-ground research, and comprehensive analysis. Ultimately, the paper argues that humanitarians, peacebuilders, resilience experts, and justice actors must work together to tip the scales of justice in favor of people’s resilience in fragile contexts.
Topic:
Displacement, Justice, and Resilience
Political Geography:
Global Focus

224. The Pact of the Future—Financing Issues

Author:
Betty N. Wainaina and Sarah Cliffe
Publication Date:
01-2024
Content Type:
Commentary and Analysis
Institution:
Center on International Cooperation (CIC)
Abstract:
Submissions for the Summit of the Future were requested at the end of 2023. CIC developed and submitted a short input on financing and the Sustainable Development Goals (SDGs). This note lays out our rationale and narrative concerning financing for development. Why is financing such a contentious issue? In part, this is because the events of the last few years have increased global financing needs—for pandemic recovery and preparedness, for climate, for social protection and economic development to overcome price shocks and other international pressures. In addition, global financing plays a role in escalating grievances about double standards. Double standards are, of course, a broader argument, from failure to coordinate COVID-19 vaccines to questions over different applications of international humanitarian and human rights law in Ukraine versus Palestine. Financing plays a role here, however, because of obvious inequities following COVID-19. HICs spent 24 percent of their gross domestic product (GDP) on stimulus and social protection programs in the first year of COVID-19; MICS could spend only 6 percent and LICS only 2 percent. Debt distress has risen dramatically in the last four years; 25 percent of emerging market countries are at high risk of default, while among low-income countries 60 percent are either at high risk of default or already in default. Some of the reasons financing paragraphs became contentious in recent resolutions are more process-based. Using the SDG Summit Political Declaration as an example, the draft text was too detailed in some respects and laid open challenges as to what should be decided in different governance structures. Some areas were insufficiently tailored to the current state of debate at the IFIs, G20, and other international platforms, risking being out of date at the time of publication. In some aspects, they were not specific enough, missing an opportunity to bring new ideas to the table. Last, they did not focus sufficiently on the core comparative advantage of a UN platform for these discussions, which is to link the achievement of the SDGs, global political stability, and peaceful international relations with financing.
Topic:
Development, Finance, Sustainable Development Goals, and Multilateralism
Political Geography:
Global Focus

225. Taking Stock of 2023 and Looking Ahead to 2024: How to Combine Realism with Hope?

Author:
Center on International Cooperation
Publication Date:
01-2024
Content Type:
Commentary and Analysis
Institution:
Center on International Cooperation (CIC)
Abstract:
The final months of 2023 were extraordinarily grim. The world had already weathered four years of repeated crises. The horrific attack on Israel carried out by Hamas on October 7 has resulted in a response by Israel in the Occupied Palestinian Territory (OPT) that has ignored all norms of international humanitarian and human rights law. This has resulted in an estimated 20,000+ deaths to date. CIC’s annual 2023-2024 analysis outlines takeaways from the previous year and key trends for the new year. Notably, it delves into major global conflicts impacting international peace, lesser-known trends, and economic disparities. Additionally, it explores prospects for 2024, including potential peace breakthroughs and advancements in revamping outdated multilateral approaches. In Russia’s invasion of Ukraine, Hamas’s brutal attack on Israel, and the appalling suffering caused by Israel’s attempt to wipe out Hamas in Gaza, it is evident that double standards have been applied in matters concerning human rights and that, despite the 75th anniversary of the Universal Declaration of Human Rights, societies still struggle to recognize the common humanity of their adversaries. At the same time, crises in other regions and long-term challenges, such as debt and socioeconomic pressures, struggle to garner any attention. This has spurred visceral political responses in many countries, turning inward and perhaps “sleepwalking” toward greater global catastrophe, as we have seen in the past in less interconnected times.
Topic:
Conflict, Peacebuilding, Russia-Ukraine War, October 7, and 2023 Gaza War
Political Geography:
Global Focus

226. Fragility, Conflict, and Violence at the World Bank—Recommendations for the Spring Meetings

Author:
Sarah Cliffe, Daniel Friedman, Betty N. Wainaina, and Céline Monnier
Publication Date:
04-2024
Content Type:
Commentary and Analysis
Institution:
Center on International Cooperation (CIC)
Abstract:
The World Bank Governors meet at the International Monetary Fund (IMF)-World Bank (WB) Spring Meetings this week to discuss progress on the World Bank’s Evolution Roadmap. Much of this discussion will focus on financing, including commitments to the hybrid facility and the prospects for the upcoming International Development Association (IDA) replenishment. Equally important, however, is whether and how the World Bank continues to play a leading role in international support to countries affected by fragility, violence, and conflict. In this piece, the authors provide recommendations for the International Monetary Fund and World Bank Spring Meetings 2024, considering how the World Bank Evolution Roadmap addresses conflict, fragility, and violence; and the importance for the Bank to maintain its financial allocations to prevention in the upcoming International Development Association round of financing.
Topic:
Development, World Bank, Conflict, Violence, IMF, and Fragility
Political Geography:
Global Focus

227. The Inequalities-Environment Nexus: Tools for Catalyzing a Just Transition

Author:
Roshni Menon and Paula Sevilla Núñez
Publication Date:
04-2024
Content Type:
Special Report
Institution:
Center on International Cooperation (CIC)
Abstract:
Transitioning to a green economy is imperative for all countries, and many have already started their journeys. The process of planning and executing a transition presents a once-in-a-lifetime opportunity to ensure the movement toward an environmentally sustainable and climate-safe future that benefits society as a whole and occurs in a just and equitable manner. A transition towards a greener economy is fundamentally also a matter of justice: it can save lives and improve livelihoods, as well as address historic injustices. Importantly, a just green transition can address people’s fears and uncertainties about potential negative effects on economies, livelihoods, and the environment, thus preventing backlash to the coming change and instead, widening political support. As part of collaborative effort between the Pathfinders for Peaceful, Just and Inclusive Societies hosted at the Center on International Cooperation (CIC) at New York University (NYU), the International Climate Initiative for a Just Energy Transition (IKI JET) by the German Agency of International Cooperation (GIZ), and the Ministry of Development Planning of the Republic of Indonesia (BAPPENAS), this report was developed in preparation for a workshop on just green transition administered in Bogor, Indonesia on November 2–3, 2023. This resource covers the following topics: Conceptual definition, sector affected, opportunities, and challenges for just transition. Fundamental pillars in catalyzing a just transition, including distributional impact assessments (DIA), an intersectionality-based policy analysis (IBPA) framework, and social dialogue.
Topic:
Climate Change, Environment, Sustainability, Green Transition, and Green Economy
Political Geography:
Global Focus

228. Beyond Access: Refugees’ Rights and Justice at Work

Author:
Emily E. Arnold-Fernández
Publication Date:
05-2024
Content Type:
Special Report
Institution:
Center on International Cooperation (CIC)
Abstract:
Work plays a central role in the lives of refugees. When work is just, it offers economic power, personal agency, and often a sense of meaning, purpose, or even identity. The Sustainable Development Goals (SDGs) recognize the importance of justice in relation to work. Goals 8 (decent work and inclusive economic growth) and 10 (reduced inequality) are only possible when work is just. Too often today, however, refugees have access to work only in conditions of grave injustice. Wage theft, sexual assault, and other workplace violations are common. Restrictions on refugees’ access to authorized work push them into informal, unregulated employment where justice is inaccessible. These problems show us that, to achieve SDGs 8 and 10 for refugees, we must also achieve SDG16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. This paper aims to lay a common foundation for solutions to the justice problems refugees face in the labor market and also supports the thesis that ensuring access to justice in the workplace for refugees can facilitate mutual gains, uphold human rights, and support the achievement of the Sustainable Development Agenda.
Topic:
Refugees, Displacement, Justice, Humanitarian Crisis, and Work
Political Geography:
Global Focus

229. Strengthening Violence Prevention at the UN: 11 Overlooked Facts

Author:
Céline Monnier and Joanne Richards
Publication Date:
05-2024
Content Type:
Policy Brief
Institution:
Center on International Cooperation (CIC)
Abstract:
This policy brief argues that UN and member state efforts to prevent violence are often ineffective because why violence occurs is not well understood. The authors highlight the critical role of risk and protective factors in violence prevention work and outline 11 facts that are frequently overlooked when policymakers attempt to stop violence from occurring. To increase the effectiveness of prevention efforts, policymakers should be aware of these critical points and incorporate risk and protective factor analysis into existing UN diagnostic tools and inter-governmental processes.
Topic:
Conflict Prevention, United Nations, Peacebuilding, and Violence Prevention
Political Geography:
Global Focus

230. The Private Sector as a Partner and an Agent for Violence Reduction

Author:
Marta Bautista Forcada, Luisa Portugal, and Bojan Francuz
Publication Date:
06-2024
Content Type:
Special Report
Institution:
Center on International Cooperation (CIC)
Abstract:
The pivotal role of the private sector in society extends beyond economic contributions. It also influences social dynamics and communities’ well-being and cohesion. This report delves into the complex and multifaceted relationship between business entities and local initiatives aimed at preventing and reducing the most serious forms of violence in communities. It presents an analysis of ongoing initiatives, with a focus on exploring the existing interactions and untapped potential of private sector actors in fostering safer environments, which in turn contributes to ongoing global mobilization efforts1 to reduce levels of violence by at least 50 percent by the year 2030. Historically, the responsibility of maintaining communal peace and security has been primarily shouldered by governmental and public institutions. However, the evolving societal landscape has ushered in a paradigm shift, recognizing the private sector’s important influence and responsibility in this domain. Most businesses, from small enterprises to multinational corporations, inherently seek stable environments for their operations, which then aligns their interests with the broader societal goals of violence prevention and community safety. This research examines the varied spectrum of private sector entities, delineating their roles and impacts within different local contexts, with a focus on urban areas. It underscores the dual nature of businesses as both beneficiaries of peaceful environments and potential contributors to enhancing the risks of violence in such environments. Through a series of case studies, the report is primarily concerned with showcasing successful collaborations between the private sector and community initiatives aimed at violence reduction, with a focus on those occurring in urban contexts. These examples serve to illustrate how businesses can act as catalysts for positive change, employing their resources, influence, and networks to foster a culture of peace and stability. Furthermore, the piece proposes a framework for viewing the private sector as a partner with a vested interest in violence reduction efforts and the halving global violence agenda, as well as recommendations for engagement and interventions. In doing so, this report aims to streamline collaboration between businesses, governmental bodies, and civil society, ensuring a unified and comprehensive approach to addressing the root causes of multiple forms of violence and enhancing community resilience. This report reevaluates the roles of business in society and underlines the need to further invest in examining the private sector impact on violence reduction. It advocates for an integrated approach where the private sector is recognized as a crucial ally in the quest for peace and security, aligning economic objectives with societal needs. By harnessing the private sector’s potential as a partner in violence reduction, the research contributes to the broader discourse on achieving sustainable peace and advancing the United Nations (UN)’s global development agenda—the 2030 Agenda—for a more peaceful, inclusive, and just world.
Topic:
Development, United Nations, Partnerships, Violence, Private Sector, and Peacebuilding
Political Geography:
Global Focus