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62. Gender, Law, and Security (volume II)
- Author:
- Beth English
- Publication Date:
- 12-2019
- Content Type:
- Working Paper
- Institution:
- Liechtenstein Institute on Self-Determination, Princeton University
- Abstract:
- This volume is a sampling of research conducted by student fellows in the Project on Gender in the Global Community (GGC) at the Liechtenstein Institute on Self-Determination at Princeton University. Over the course of the 2018-19 academic year, GGC fellows pursued independent, academically rigorous research around a topic of their choosing. The papers in this volume represent a variety of disciplines and methodologies, and the range of work undertaken by students throughout the year—some in connection to course work, junior policy seminars and senior theses, others as stand-alone research papers, and still others as short framing essays intended to serve as starting points for larger long-term research projects. The volume is divided into three sections focusing on 1) gender and domestic political contexts, 2) violence against women and women in conflict, and 3) policy and political leadership.
- Topic:
- Gender Issues, Law, Leadership, Gender Based Violence, and Conflict
- Political Geography:
- Global Focus
63. The Role of the Ethical Underpinnings of International Humanitarian Law in the Age of Lethal Autonomous Weapons Systems
- Author:
- Kaja Kowalczewska
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- This paper presents selected conclusions related to the theoretical underpinnings of international humanitarian law, with special focus on the understanding of considerations of humanity and the dictates of public conscience (the Martens clause) and their impact on the regulation of lethal autonomous weapons systems. Despite the fact that different positions can be found in the doctrine, it is argued herein that the general principles of international humanitarian law are not sufficient to properly regulate the disruptive military technologies (new means and methods of warfare) and a new international norm is needed. Consequently, the paper agglomerates extra-legal and cross-cutting arguments stemming from other normative regimes that point to prioritization of the value of human life and the role and quality of the human factor in decision-making procedures relating to the health and life of victims of modern armed conflicts, which should be incorporated in it.
- Topic:
- Law, Ethics, Weapons, Artificial Intelligence, Humanitarian Crisis, and Emerging Technology
- Political Geography:
- Global Focus
64. Costs and Benefits of Investment Treaties: Practical Considerations for States
- Author:
- Lisa Sachs, Lise Johnson, Brooke Güven, and Jesse Coleman
- Publication Date:
- 03-2018
- Content Type:
- Working Paper
- Institution:
- Columbia Center on Sustainable Investment
- Abstract:
- This paper analyzes the expected benefits of investment treaties, including: increased inward investment, increased outward investment, and depoliticization of investment disputes. It then considers evidence of the costs of investment treaties, including: litigation, liability, reputational cost, reduced policy space, distorted power dynamics, reduced role for domestic law-making, and uncertainty in the law. The authors set forth practical steps that states can take relating to both existing treaties as well as future treaties with an objective of increasing desired benefits and decreasing unexpected and high costs of investment treaties.
- Topic:
- Treaties and Agreements, Law, Legal Theory, and Investment
- Political Geography:
- Global Focus
65. The evolution of the EU law against criminal finance: the "hardening" of FATF standards within the EU
- Author:
- Leonardo Borlinia and Francesco Montanaro
- Publication Date:
- 03-2018
- Content Type:
- Working Paper
- Institution:
- Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
- Abstract:
- This article examines the recent evolution of the EU anti-money-laundering (AML) and counter-terrorist financing (CTF) legislative framework, focusing on the relationship between the main international standards in the field and the newest EU legislation. It suggests that international soft law norms—in particular, the Financial Action Task Force (FATF) Recommendations—have had a decisive influence on the latest development of legislation at the EU level and within its member states. It further argues that mainly the preventive component of the AML/CTF legislation will be strengthened by the EU instruments adopted in mid-2015. However, this Article concludes that the adoption of global soft standards has posed significant challenges to the EU legislative framework. The arguments are developed in four parts. The Article first highlights the main regulatory prescriptions that stem from the study of the phenomenology and the economics of AML/CTF regulation and underpin the current international regulatory paradigm. Second, it explores the evolution of the main international instruments in the field with a special focus on the role played by the FATF Recommendations. It also illustrates the relation between these instruments and the adoption of the new EU AML/CTF legislation from two different, but complementary, angles: (1) noting that the current international AML/CTF framework has a multidisciplinary approach, the Article focuses on the framework's repressive component and assessing the limits of the EU criminal approach against money laundering and terrorist financing; and (2) examining the recent EU preventive legislation and addressing the main challenges posed to the EU legislative framework when attempting to accommodate global standards, especially regarding tensions with fundamental freedoms and human rights protected within the EU.
- Topic:
- Corruption, Crime, Economics, International Trade and Finance, Law, Finance, and Global Political Economy
- Political Geography:
- Global Focus
66. Limitations in the airspace sovereignty of states in connection with space activity
- Author:
- Malgorzata Polkowska
- Publication Date:
- 09-2018
- Content Type:
- Journal Article
- Journal:
- Security and Defence Quarterly
- Institution:
- War Studies University
- Abstract:
- The launch of the Soviet Sputnik in 1957 resulted in the emergence of two legal concepts concerning spacefl ight. The first of them concerned harmless passage through airspace subjected to the sovereignty of states, the second - recognition that at the height of the trajectory of a passage, space is no longer subject to the sovereignty of states (res omnium communis). In both cases, we are dealing with limiting the sovereignty of states. These issues have not been resolved to this day. The practice of spacefl ight has confirmed the freedom of spaceflight, although it has not resolved the issue of the upper limit of airspace. It is worth emphasising, however, that the decisive factor for the development of space law was the customary law that arose in 1957, because states did not protest and tacitly accepted the principle of a harmless flight.
- Topic:
- Sovereignty, Law, Space, Borders, State, and Airspace
- Political Geography:
- Global Focus
67. License to Be Yourself: Responding to National Security and Identity Fraud Arguments
- Publication Date:
- 04-2017
- Content Type:
- Policy Brief
- Institution:
- Open Society Foundations
- Abstract:
- In much of the world, trans and intersex people struggle to obtain official identity documents that acknowledge their appropriate names and sex or gender markers. When people are forced to rely on documents that do not match their gender identity, they risk being subjected to harassment and discrimination. In addition, they may be suspected of identity fraud and trigger security alerts because of the discrepancy between their documents and their gender identity or appearance. The lack of appropriate documentation is particularly dangerous in situations where a trans or intersex person is crossing a border and being unable to prove their identity can result in being detained or deported. This brief counters concerns that progressive gender recognition laws and policies will undermine national security and increase the risk of identity fraud. It is the fourth of four resources for activists that accompany Open Society’s 2014 report on legal gender recognition across the world, License to Be Yourself.
- Topic:
- Gender Issues, Law, Discrimination, LGBT+, Sexuality, Identity, and Transgender
- Political Geography:
- Global Focus
68. Re-embracing the Wartime Detention Mission
- Author:
- Ryan J. Vogel
- Publication Date:
- 07-2017
- Content Type:
- Journal Article
- Journal:
- Fletcher Security Review
- Institution:
- The Fletcher School, Tufts University
- Abstract:
- President Donald Trump has made clear his intent to utilize wartime detention in the fight against al-Qaeda and ISIS. As former Deputy Assistant Secretary of Defense for Rule of Law and Detainee Policy, William Lietzau, and I have argued elsewhere, this could be a positive development in the United States’ evolving approach to the war against al-Qaeda, ISIS, and their associates, so long as it is coupled with a commitment to continuing key detention policies and humane treatment standards developed over the past fifteen years. In recent years, the United States has largely avoided adding to the detainee population at Guantanamo (GTMO) – mainly in reaction to some of the more infamous excesses from the first couple of years after the attacks on September 11, 2001. But failing to capture new enemy fighters has come with an operational and humanitarian cost. The United States should take the opportunity that comes with political transition to re-embrace the wartime detention mission.
- Topic:
- Government, Human Rights, Law, Prisons/Penal Systems, Al Qaeda, Islamic State, and War on Terror
- Political Geography:
- Middle East, Global Focus, United States of America, and Guantanamo
69. Corporate Scandals and Regulation
- Author:
- Luzi Hail, Ahmed Tahoun, and Clare Wang
- Publication Date:
- 12-2017
- Content Type:
- Working Paper
- Institution:
- Institute for New Economic Thinking (INET)
- Abstract:
- Are regulatory interventions delayed reactions to market failures or can regulators proactively pre-empt corporate misbehavior? From a public interest view, we would expect “effective” regulation to ex ante mitigate agency conflicts between corporate insiders and outsiders, and prevent corporate misbehavior from occurring or quickly rectify transgressions. However, regulators are also self-interested and may be captured, uninformed, or ideological, and become less effective as a result. In this registered report, we develop a historical time series of corporate (accounting) scandals and (accounting) regulations for a panel of 26 countries from 1800 to 2015. An analysis of the lead-lag relations at both the global and individual country level yields the following insights: (i) Corporate scandals are an antecedent to regulation over long stretches of time, suggesting that regulators are typically less flexible and informed than firms. (ii) Regulation is positively related to the incidence of future scandals, suggesting that regulators are not fully effective, that explicit rules are required to identify scandalous corporate actions, or that new regulations have unintended consequences. (iii) There exist systematic differences in these lead-lag relations across countries and over time suggesting that the effectiveness of regulation is shaped by fundamental country characteristics like market development and legal tradition.
- Topic:
- Economics, Law, Regulation, Finance, Capital, and Fraud
- Political Geography:
- Global Focus
70. Trans Legal Mapping Report: Recognition before the law (2017)
- Author:
- Zhan Chiam, Sandra Duffy, and Matilda González Gil
- Publication Date:
- 11-2017
- Content Type:
- Special Report
- Institution:
- ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
- Abstract:
- The Trans Legal Mapping Report is a research project by ILGA World, detailing the impact of laws and policies on trans persons across the globe. Its latest edition, released in September 2020, covers the legal situation in 143 UN member States: it highlights provisions which set out how trans and gender-diverse people can change their sex/gender marker and names on official identity documents (legal gender recognition), but also collects information on laws criminalising trans identities, both explicitly and de facto – looking at the situation for our communities in every region of the world. All too often, processes for gender marker and name change include requirements that are blatant human rights violations: this report outlines them clearly, but also shows progressive examples from across the world. Compiling information both through desk-based research and the lived realities of trans activists across the world, the ILGA World Trans Legal Mapping Report is a fundamental tool that advocates can use to engage with their national governments and bring about change.
- Topic:
- Government, Human Rights, Law, LGBT+, and Transgender
- Political Geography:
- Global Focus