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Begin New Search Political Geography Global Focus Publication Year within 10 Years

1331. National Security in the Age of Hybrid War

Author:
Ilhami B. Değirmencioğlu
Publication Date:
10-2018
Content Type:
Policy Brief
Institution:
Global Political Trends Center
Abstract:
During the course of the past 10 years, the security environment has become more complex due to the blurring of the lines of warfare. Therefore, the ‘gray zone’ between peace and war expanded and became a battlefield of non-conventional warfare such as counterinsurgency, terrorism, cyber-attacks, etc. (Mansoor, 2012: 1). The failed and fragile states in the Middle East, North Africa, and Central Asia, as well as non-recognized de facto states in the Caucasus played catalytic role in the expansion of the non-conventional warfare. Moreover, Great Powers inclined to use increasingly the non-conventional warfare in the proxy and delegated wars waged by them. In the recent years, the non-state actors used innovative and complicated tactics against legal authorities in many countries. The prevalence of the new complex threats transformed the classic war concept into a concept called ‘new wars.’ Due to the combined use of the conventional and non-conventional warfare, many scholars and politicians started to call the new model of war as ‘hybrid war.’
Topic:
National Security, Conflict, Peace, and Hybrid Warfare
Political Geography:
Russia, Europe, Ukraine, Global Focus, and United States of America

1332. Constitutionalism and the Mechanics of Global Law Transfers

Author:
Andreas L. Paulus and Johann Ruben Leiss
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article explores rule of law transfers from an international perspective. Based on the observation that the proposal of an emerging international constitutional order seems to have lost momentum this article emphasizes a global legal reality that is characterized by a complex and rather non-hierarchical interplay between various (fragmented) international legal orders and suborders as well as national legal orders. This article discusses four legal mechanisms that are of pivotal relevance with respect to global rule of law transfers. These mechanisms include, first, so-called “hinge provisions” as doorways between different legal orders, second, harmonious interpretation as a legal tool of integration, third the sources of international law enabling transmission of norms and providing a framework for judicial interaction and, fourth, judicial dialogue as an informal means of rule of law transfer.
Topic:
International Cooperation, International Law, Sovereignty, and Rule of Law
Political Geography:
Global Focus

1333. Promoting the Rule of Law Through the Law of Occupation? An Uneasy Relationship

Author:
Andreas Th. Muller
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
The Goettingen Journal of International Law
Abstract:
A core objective of the law of occupation has traditionally been that the occupying power should heed rule of law standards in the administration of the occupied territory. Less clear is whether it should also seek to inculcate rule of law standards into the local government. To be sure, the pertinent rules of the law of occupation provide for far-reaching competences of the occupying power. However, given the predominately negative, security-focused and conservationist nature of the occupier’s powers, its involvement in the “rule of law transfer” business should not be overrated. While it is true that two major post-1945 developments, i.e. international human rights law and the involvement of the UN Security Council, have contributed toward broadening, recalibrating, and dynamizing the applicable legal standards in situations of occupation, it is nonetheless crucial to resist the temptation to concede, in the name of promoting the rule of law, too much legislative leeway to the occupying power. Thus, the question whether, and to what extent, the law of occupation mandates the occupying power to engage in promoting the rule of law in the occupied territory, calls for a differentiated, and cautious, answer.
Topic:
Security, International Cooperation, United Nations, and Territorial Disputes
Political Geography:
Global Focus

1334. International Investment Law and the Rule of Law

Author:
Peter-Tobias Stoll
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
International investment law appeals to a lawyer’s appetite for the rule of law by disciplining the exercise of power between States and foreign investors through legalization and judicialization. Originally supposed to serve as a fix to promote foreign investments in developing countries in times of legal uncertainties, now, thousands of bilateral investment agreements exist, and the number of cases in investment arbitration has exploded in the last decade. Further, there is a tendency of generalization, as investment protection now features as a standard element of international trade agreements, far beyond the original focus on developing countries. A number of flaws and shortcomings of the rules and procedures became apparent in the course of the more frequent use of the system and resulted in much discussion within the expert community, which resulted in some changes. Furthermore, the long neglected possibility became apparent, that investment claims could be directed against industrialized countries and that the conduct of their authorities could be subjected to review by international arbitration tribunals. This sparked heated public debates, particularly so in the EU. These two developments have in common, that they implicitly as well as explicitly raised the issue of the rule of law. This paper will assess the system of international investment law as it stands, its critique and its reform, through the lens of the rule of law. It will also make a highly idealistic proposal on the further development of international investment protection. In concluding, it will reflect on the proper use of the rule of law in legal analysis, by setting out the different perspectives in which the term may be employed, and the methodological consequences.
Topic:
International Law, International Trade and Finance, Rule of Law, and Investment
Political Geography:
Global Focus

1335. Reality, Ideology and Terminology: between Radicalization, Political Violence and Jihadi Terrorism / Realidad, ideología y terminología: entre la radicalización, la violencia política y el terrorismo yihadista

Author:
Hana Jalloul Muro
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
Avoiding violent radicalization is one of the great debates and challenges that we find today in Western societies. Although not all radicalization must be linked directly to violence or terrorism, we must prevent a priori radicalization so that it does not lead to the aforementioned processes. In the same way, the implementation of adequate and effective measures to deal with de-radicalization processes is something very necessary. The knowledge of the terminology is of vital importance to understand the meaning, development and reality of the terms presented in this publication, in order to prevent its political manipulation by state and non-state actors.
Topic:
Conflict Prevention, Political Violence, Terrorism, Radicalization, Ideology, Violence, and Islamism
Political Geography:
Europe and Global Focus

1336. Will International Institutions Fail Again? International power shifts and the future of global cooperation

Author:
Matthew D. Stephen
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
International institutions thrive when they are utilized, their rules are respected, and they are important in shaping international outcomes. They fail when they fall into disuse, their rules are violated, or they otherwise become peripheral to the events of world politics. In order to function effectively, international institutions require a minimum level of agreement amongst their most powerful members. In many institutions today, the level of agreement is shrinking. While geopolitical tensions are real, the biggest risk to international institutions comes from the unravelling of domestic and transnational social coalitions in favour of economic openness and ideals of internationalism. To rescue international institutions, it will be necessary to take action at the national level. This means using the policy tools available to national governments to create economic security, reduce inequality, and foster inclusive community identities. This may come at the expense of deeper international integration, but it will be better for international cooperation in the long run.
Topic:
Security, Inequality, Institutionalism, Community, and International Institutions
Political Geography:
Global Focus

1337. The Challenge of Emerging Technologies to Non-proliferation Efforts: Controlling Additive Manufacturing and Intangible Transfers of Technology

Author:
Kolja Brockmann and Robert E. Kelley
Publication Date:
04-2018
Content Type:
Working Paper
Institution:
Stockholm International Peace Research Institute
Abstract:
Additive manufacturing (AM) machines are multipurpose manufacturing instruments that rely on the transfer of build-information in a digital form. AM is a rapidly developing technology with a growing range of applications, especially in the aerospace and defence industry. It is also generating concerns about its potential to create ways of weakening or circumventing dual-use and arms export controls. This SIPRI Paper examines (a) the state of the art in AM; (b) its ability to produce military equipment and dual-use items; (c) the application of export controls to AM and their implementation at the national level; and (d) the challenges that implementation and compliance present for governments, companies and research institutes. The conclusions summarize potential options and considerations when expanding controls on AM. This is one of two research papers that address the closely related issues of controlling transfers of software and technology and applying exports controls to AM. Taken together, the papers examine some of the most challenging issues that governments, companies and research institutes in the European Union (EU) and the wider world are facing when they seek to effectively implement dual-use and arms export controls. The papers also address a range of topics that are under active discussion within the multilateral export control regimes and in connection with the recast of the EU Dual-use Regulation. For the second paper, 'The Challenge of Software and Technology Transfers to Non-proliferation Efforts: Implementing and Complying with Export Controls', see here. Funding for the concept paper was provided by the US Department of State’s Export Control and Related Border Security (EXBS) Program.
Topic:
Security, Arms Control and Proliferation, Science and Technology, Military Affairs, Disarmament, and Exports
Political Geography:
Europe and Global Focus

1338. UN Police and Conflict Prevention

Author:
Marina Caparini
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Stockholm International Peace Research Institute
Abstract:
This discussion paper connects the sustaining peace agenda and conflict prevention with the police component in United Nations (UN) peace operations. UN Police (UNPOL) play a critical role in conflict prevention through: (a) direct operational actions aimed at mediating disputes, defusing tensions and deterring violence; (b) structural prevention linked to mentoring, training and advising host state police, and the development of more effective, accountable and legitimate law enforcement institutions; and (c) systemic prevention through support for international norms and mechanisms to combat transnational organized crime, illicit arms flows and human trafficking. UNPOL’s role in conflict prevention can be further developed by a stronger focus on relationships with host state counterparts and civil society; more qualitative assessments on drivers of conflict and the inclusion of such assessments in early warning systems as well as UN reporting; and greater integration of UNPOL contributions to UN conflict prevention efforts.
Topic:
Security, Development, United Nations, Governance, Conflict, Peace, Police, and Justice
Political Geography:
Global Focus

1339. Global Mapping and Analysis of Anti-vehicle Mine Incidents in 2017

Author:
Yeonju Jung and Gulzhan Asylbek Kyzy
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
Stockholm International Peace Research Institute
Abstract:
The need for systematic data collection on anti-vehicle mine (AVM) incidents was first recognised during joint research by the GICHD and SIPRI for a study on the humanitarian and developmental impact of anti-vehicle mines published in October 2014. As a response, both organizations have been collecting global data on AVM incidents since 2015 with a view to improving evidence on and identifying trends in AVM impact. Data is available on interactive and regularly updated online maps. This report presents and analyses AVM incident data from 2017. The GICHD and SIPRI recorded 169 incidents in 2017 that were related or suspected to be related to AVMs in 24 states and territories.
Topic:
Development, Peace, Sustainability, Landmines, and Mapping
Political Geography:
Global Focus

1340. The Case for Foreign Electoral Subversion

Author:
Cecile Fabre
Publication Date:
09-2018
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Most foreign policy is not implemented through war. Yet, with a few recent exceptions—like James Pattison’s 2018 monograph The Alternatives to War—political and moral philosophers have yet to explore all options between war and doing nothing.1 Here I consider one such option: subversive interference in a democracy’s nationwide elections. In that regard, the years 2016–2017 have proved rich in controversies. In France, Russian banks with close ties to the Kremlin provided cash loans to the National Front in the run-up to the 2017 presidential elections. In December 2017, the Australian premier announced a tightening of restrictions on foreign funding of political parties out of concern with alleged and undue Chinese influence on some Australian politicians. Last, but far from least, in the United States the Office of the Director of National Intelligence along with the CIA, FBI, and NSA all take the strong view, backed in part by social media data, that Russian authorities actively sought to undermine Hillary Clinton’s 2016 presidential campaign and to bolster Donald Trump’s.2 Interestingly, however, some of President Putin’s critics are vulnerable to the charge of hypocrisy. To give but two examples, the United States has a long history of interfering in the institutions and elections of its Latin American neighbors and, indeed, at the height of the Cold War, of its European allies. More recently, many believe that, absent U.S.-driven assistance, the Democratic Opposition of Serbia would have lost the 2000 Yugoslavian presidential election to Slobodan Milošević.3 Attempting to subvert the democratic elections of a putatively sovereign country is a time-honored way of bending the latter’s domestic and foreign policy to one’s will. However, it seems to elicit far more condemnation than war and, indeed, other forms of coercive diplomacy. Perhaps this is because, to many people, the rights of democratic participation have primacy over all other rights; or because most often electoral subversion takes place covertly. Either way, given how destructive those other modes of interference are, this is puzzling. I frame my inquiry as follows. I focus on the state-sponsored, nonviolent, nonkinetic subversion of nationwide elections (for short, subversion). Moreover, because I am interested in exploring whether there are any situations in which subversion may be justified, I consider cases in which subversion is used as a means to prevent or end large-scale human rights violations, though my argument also has implications for subversion as a tool of foreign policy in general. In addition, my aim is not to evaluate subversion as an alternative to war or, for that matter, to other measures, such as economic sanctions. Due to space constraints, I simply wish to show that, under certain conditions and subject to certain constraints, subversion is pro tanto justified. Whether it is justified all things considered—and, in particular, once one has taken into account other options—is another matter and one that I cannot settle here. Finally, although subversion affects election candidates, it above all undermines a citizen’s right to vote. Accordingly, in what follows I focus on the latter and not the former. Attempting to subvert the democratic elections of a putatively sovereign country is a time-honored way of bending the latter’s domestic and foreign policy to one’s will. However, it seems to elicit far more condemnation than war. Before I begin, let me outline the overall normative framework on which my arguments rely. I take it for granted that all individuals, wherever they reside in the world, have rights to the freedoms and the resources they need to lead a minimally flourishing life—in other words, human rights. Moreover, they hold those rights against all human beings and their respective governments. Put differently, on this cosmopolitan view, all of us, wherever we reside in the world, are under duties to all other individuals, wherever they reside, to respect their human rights. How precisely we discharge those duties partly depends on the institutional structures under which we live. Be that as it may, I am not under a stronger duty to respect my compatriots’ human rights—for example, not to be killed or to be given means of subsistence—than I am to respect those same rights of noncompatriots, and vice versa
Topic:
Foreign Policy, Human Rights, Sovereignty, Elections, and Election Interference
Political Geography:
Global Focus