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1. The Advisory Function of the International Court of Justice: Are States Resorting to Advisory Proceedings as a “Soft” Litigation Strategy?

Author:
Myrto Stavridi
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
In the last decades, there has been an increase in advisory opinions of the International Court of Justice (ICJ) that relate to vital political interests directly affecting the sovereignty of states. Even though advisory opinions are not binding and do not require the consent of the states involved, advisory proceedings have been increasingly and strategically used by states and international actors as contentious proceedings in disguise. Exploring the history of the advisory function of the ICJ and its predecessor, this article argues that advisory proceedings constitute a “soft” litigation strategy and a particularly useful tool for small states or non-state entities, as it has the potential to counterbalance the inherent power disparities in the process of international bargaining by adding the authoritative voice of the ICJ to the debate. This paper connects this development to a modern tendency of states to judicialize international affairs.
Topic:
International Law, Sovereignty, International Affairs, International Court of Justice (ICJ), and Advisory Opinions
Political Geography:
Global Focus

2. Open strategic autonomy: The digital dimension

Author:
Maaike Okano-Heijmans
Publication Date:
01-2023
Content Type:
Special Report
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
In recent years the European Union (EU) and its member states hesitantly embarked on a new and ambitious path towards what came to be called ‘digital and technological autonomy’. This paradigm shift involves a turn away from the market-based, open economy thinking that has dominated in European policy circles in recent decades. The new direction is towards a geostrategic, more closed economy thinking, with a shift from a focus on trade to technology.
Topic:
Science and Technology, Sovereignty, European Union, Leadership, Strategic Autonomy, and Digital Sovereignty
Political Geography:
Global Focus

3. The Many Facets of EEZ Fisheries Disputes and their Resolution under UNCLOS

Author:
Natalie Klein
Publication Date:
08-2023
Content Type:
Working Paper
Institution:
The Goettingen Journal of International Law
Abstract:
The core question being posed for this symposium was whether the ‘exception swallows the rule’ in relation to disputes concerning fishing in the exclusive economic zone (EEZ). This question emerges because of the starting point that disputes relating to the interpretation or application of the UN Convention on the Law of the Sea (UNCLOS)1 may be subject to compulsory procedures entailing binding decisions – arbitration or adjudication – at the request of a party to the Convention. However, while this ‘rule’ is the start, it is immediately important to point our that there are exceptions and limitations to this proposition; the grant of compulsory jurisdiction in UNCLOS is limited in significant ways.2 The ‘exception’ of concern to this symposium is set out in Article 297(3) of UNCLOS, which excludes fisheries disputes from adjudication or arbitration in the following situation: “the coastal State shall not be obliged to accept the submission to such settlement of any dispute relating to its sovereign rights with respect to the living resources in the exclusive economic zone or their exercise, including its discretionary powers for determining the allowable catch, its harvesting capacity, the allocation of surpluses to other States and the terms and conditions established in its conservation and management laws and regulations.“3 Pursuant to Article 298(1)(b), States also have the option to exclude ‘disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal’ under Article 297(3).4 The symposium papers that follow seek to improve our understanding of these exceptions to compulsory jurisdiction; do they swallow the ‘rule’ of compulsory jurisdiction? This introduction aims to explain the relevance of the exception (Part B), situate the papers that are part of the symposium (Part C) and indicate what has been jurisprudentially achieved despite the exception (Part D).
Topic:
International Law, Sovereignty, Fishing, and Disputes
Political Geography:
Global Focus

4. The Fate of the State in a Changing World

Author:
V. Yegorov
Publication Date:
12-2023
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
The main phenomenon of the social mainstream is the institution of the state and its evolution (“shrinking”), associated with the increased activity of civil society and a reevaluation of the role of the market. Postmodernists have no faith in the future of the state. They presuppose that institutions of social organization will be replaced by a network organization of individuals tied together culturally, informationally, and spiritually, with a higher level of identities.1 Their camp includes liberal thinkers who believe in the inevitable “supplanting [of] the primacy of the nation-state by transnational corporations and organizations, and eroding [of] local cultures and traditions through a global culture.”2 The social nature of humans is deeply rooted in the past, when collective forms of human existence were a sine qua none of survival, while the state was a “product” of social organization. In the pre-state era, it was supported by the “cage of norms” (customs, traditions, etc.).3 According to Thomas Hobbes, a main factor of the emergence of states was the “war of every man against every man,” as well as the implementation of the institution of private property. The legal space and the state ensure its inviolability. The liberal order invariably produced a dichotomy between the interests of society and the institutions represented by the state on the one hand, and the rights and freedoms of the individual on the other. The logic of this social order in its extreme form is Libertarianism, with its slogan of “less government.” The dichotomy of the interests of the state and of the individual crops up in a dialectical contradiction resolved with the help of effective mechanisms of mutual obligations of individuals and society as a whole (the “ethical state,” according to Paul Collier).
Topic:
Sovereignty, Networks, State, and Capital
Political Geography:
Global Focus

5. How African states voted on Russia’s war in Ukraine at the United Nations – and what it means for the West

Author:
Elias Götz, Jonas Geji Kaas, and Kevin Patrick Knudsen
Publication Date:
11-2023
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
Most African states have not supported United Nations (UN) General Assembly resolutions condemning Russia’s war in Ukraine. To win more support in Africa, the West needs to stress the importance of upholding the territorial integrity norm and engaging African states as equal partners. The West’s engagement on the continent must be about more than ‘containing’ Russia.
Topic:
Security, Foreign Policy, Defense Policy, Diplomacy, Sovereignty, United Nations, History, and Russia-Ukraine War
Political Geography:
Africa, Russia, Ukraine, and Global Focus

6. Sovereignty, Dignity, and Regionalism in the New International Order

Author:
Tricontinental: Institute for Social Research
Publication Date:
03-2023
Content Type:
Working Paper
Institution:
Tricontinental: Institute for Social Research
Abstract:
This dossier analyses the growing fragility of the US-led ‘rules-based international order’ and examines the possibilities of regionalism to advance the construction of a new global system.
Topic:
Sovereignty, Capitalism, Regionalism, International Order, and Dignity
Political Geography:
Global Focus and United States of America

7. Reforming the World Bank and MDBs to Meet Shared Global Challenges

Author:
Center for Global Development
Publication Date:
10-2022
Content Type:
Policy Brief
Institution:
Center for Global Development (CGD)
Abstract:
Last July, the Center for Global Development hosted a meeting with other think tanks to exchange perspectives on the multilateral development bank (MDB) system. We shared a common diagnosis that MDBs must more aggressively address the global challenges that defy national borders and threaten human life as we know it. By virtue of its global reach, financial firepower, and expertise, the World Bank is especially well positioned to be a major driver of progress on climate, pandemic preparedness natural resource conservation, and other global public goods. But it is not meeting its full potential. Participants at our meeting agreed to set out a shared “call to action” where we lay out ideas to evolve the World Bank. The central ideas are to make climate mitigation and adaptation a core component of the World Bank’s mandate; greatly expand its financing capacity; create more incentives for countries to invest in climate and health preparedness; and reform the organizational structure of the institution. Together these could help lay the foundation for a modern World Bank that is meeting the defining challenges of our time head on. Unless otherwise noted, we the undersigned support these ideas in our personal capacity. More information on related work underway in our organizations can be found at our respective websites.
Topic:
Sovereignty, Reform, Finance, and Banking
Political Geography:
Global Focus

8. Back to sovereignty? Policy space in investor-State dispute settlement

Author:
Magdalena Bas
Publication Date:
09-2022
Content Type:
Journal Article
Journal:
Revista Brasileira de Política Internacional (RBPI)
Institution:
Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:
The paper examines how investor-State dispute settlement mechanisms -included in international investment agreements- are able to condition national policy space, even when foreign investors question measures regarding human rights, public health, or environmental protection. It also intends to identify and explain the new trends in international investment agreements that illustrate different ways out the investor-State dispute settlement labyrinth. In order to achieve the objectives, a qualitative documentary research was conducted, based on secondary sources. The new trends in international investment agreements cartography show the emergence of a new concept of sovereignty rooted in the defense of policy space -“regulatory sovereignty”.
Topic:
Sovereignty, Governance, Law, and Investment
Political Geography:
Global Focus

9. AI Challenging Sovereignty and Democracy

Author:
Paul Timmers
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Turkish Policy Quarterly (TPQ)
Institution:
Transatlantic Policy Quarterly (TPQ)
Abstract:
AI is wonderful. AI is scary. AI is the path to paradise. AI is the path to hell. What do we make of these contradictory images when, in a world of AI, we seek to both protect sovereignty and respect democratic values? Neither a techno-utopian nor a dystopian view of AI is helpful. The direction of travel must be global guidance and national or regional AI law that stresses end-to-end accountability and AI transparency, while recognizing practical and fundamental limits. We also need a deeper understanding of tensions between AI and sovereignty and democratic values, in order to address them in the interplay of the social construction of sovereignty and democracy and the technological construction of AI
Topic:
Science and Technology, Sovereignty, Democracy, and Artificial Intelligence
Political Geography:
Global Focus

10. Cyberspace and Naval Power

Author:
Matthew J. Flynn
Publication Date:
09-2022
Content Type:
Journal Article
Journal:
Journal of Advanced Military Studies
Institution:
Marine Corps University Press, National Defense University
Abstract:
Seapower has come to cyberspace as a measure of the so-called greatest transfer of wealth in history given the efforts of China and other states to steal intellectual property online. But the first greatest transfer of wealth comprised Europe’s rise to prominence post-1500 ACE. What historians call the “rise of the West” came to fruition with a forfeiture of the ideological promise of sharing the benefits of Western civilization worldwide. Cyberspace promises to align both threads of the new naval power, economic gain, and ideological conviction, a novel change in the history of conflict at sea all made possible by the technical marvel of cyberspace.
Topic:
Sovereignty, Navy, Seapower, and Cyberspace
Political Geography:
China, Europe, and Global Focus