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261. 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

262. UN Police and Conflict Prevention

Author:
Marina Caparini
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Stockholm International Peace Research Institute (SIPRI)
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

263. The Universal Declaration of Human Rights at Seventy: Progress and Challenges

Author:
Ş. İlgü Özler
Publication Date:
12-2018
Content Type:
Journal Article
Abstract:
On December 10, 1948, the United Nations General Assembly passed the Universal Declaration of Human Rights (UDHR), the most significant statement from the global community regarding what constitutes the ideal human life in any society and the rights to which all people are entitled. On the basis of the principles laid out in the UDHR, the international community has since negotiated a large number of human rights treaties and conventions and has developed plans of action in relation to all aspects of living a dignified life. The UDHR is arguably one of the most important documents in the history of human civilization; and to the extent that words on paper can change the world, the impact of the UDHR has been profound. However, despite providing a solid foundation for our collective understanding of the rights to which human beings are endowed, today we are still far from realizing these goals, and threats to the very principles enshrined in the UDHR continue to emerge. The declaration has now endured for seventy years, roughly the global average human life span. Thus, this occasion presents a good opportunity to take stock of what has been achieved, what has yet to be accomplished, and to consider the future longevity of this seminal declaration. As with any interpretation of something as complex as the impact of a document on the world, assessments of the UDHR and its ongoing role are mixed. Many in the field of human rights see a glass half full, characterizing the UDHR as a powerful tool that has dramatically shaped political and economic development throughout the world.1 Others focus on the space that remains empty, emphasizing the flaws that inhibit the realization of the document’s goals.2 Indeed, it must be admitted that, even given the indisputable progress that has been made over seven decades, there are today growing threats to human rights. These threats are the consequence of a number of global developments, including shifting geopolitical balances, extreme economic and social inequality, climate change, and a weakening of democratic institutions. These threats are very real, and it is important that human rights proponents monitor and respond to them. But here I argue that the threat to human rights is ever present. And thus, rather than focus on the advances and setbacks of this particular moment, this anniversary is an opportunity to consider the overall historical progression toward human rights as embodied in the UDHR and the obstacles that stand in the way of its full realization. Taking this broader view, there are two issues in particular that stand out as barriers to be overcome. The first is tied to the Westphalian state system, which has come to dominate human political organization. State sovereignty presents a fundamental challenge to any effort to establish universal norms. Implementing universal human rights will always be tremendously difficult in a system that affords final authority to state leaders who lack the necessary incentives. This is nothing new or surprising, of course, and it is not unique to human rights. But it nonetheless requires a careful consideration of how international declarations make their way from ideas on paper to practice. A declaration is only significant to the extent to which it is adhered. As a document with universal endorsement, the UDHR does indeed have power, and it can shape the behavior of actors who otherwise risk appearing to stand against history and human civilization. It can also be used as a normative weapon, both by citizens and by the international community, to shame hypocrites who violate the principles to which they and every nation in the world have agreed. But it is, nonetheless, just a document, and without correspondingly strong global institutional mechanisms to ensure implementation and compliance, its impact is limited. The second major issue is the way in which human rights ideals have been segmented. The separation of rights into social/economic and civil/political has enabled states to focus on some rights to the neglect of others. Global power shifts, especially under the hegemony of the post–Cold War United States, have led to exaggerated selective emphasis on just some of the rights embedded in the UDHR, when in fact none can be fully realized without a comprehensive approach. Political rights cannot be effectively exercised by those lacking access to basic economic necessities. And those meeting their economic needs may find that their voices as citizens are meaningless in a system characterized by vast inequality or in which national institutions are infected by mechanisms that leave them politically marginalized. Rights must be recognized as interconnected and they must be advanced in tandem. Emphasis on some principles to the exclusion of others undermines the comprehensive advancement of human rights. Thus, the current state of affairs is a product of the collective failure to address human rights holistically and to implement real monitoring and accountability measures for states, which are directly charged with upholding them within their borders.
Topic:
Human Rights, United Nations, Hegemony, and State Formation
Political Geography:
Global Focus

264. Normative resistance to responsibility to protect in times of emerging multipolarity: the cases of Brazil and Russia

Author:
Anna Kotyashko, Laura Cristina Ferreira-Pereira, and Alena Vysotskaya Guedes Vieira
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
Revista Brasileira de Política Internacional (RBPI)
Institution:
Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:
This article assesses the normative resistance to Responsibility to Protect adopted by Brazil and Russia against the backdrop of their international identities and self-assigned roles in a changing global order. Drawing upon the framework of Bloomsfield’s norm dynamics role spectrum, it argues that while the ambiguous Russian role regarding this principle represents an example of ‘norm antipreneurship’, particularities of Brazil’s resistance are better grasped by a new category left unaccounted for by this model, which this study portrays as ‘contesting entrepreneur’.
Topic:
Foreign Policy, United Nations, Responsibility to Protect (R2P), UN Security Council, and Normative Resistance
Political Geography:
Russia, Brazil, and Global Focus

265. To Achieve Lasting Security, Invest in Young Peacebuilders

Author:
Ghazal Keshavarzian
Publication Date:
08-2018
Content Type:
Commentary and Analysis
Institution:
Elevate Children Funders Group
Abstract:
Young people are often among the most affected by conflict. But to engage with them solely as victims or perpetrators of war obscures the vital role they play in peacebuilding, writes Ghazal Keshavarzian of Elevate Children Funders Group and Catherine Thompson of Peace and Security Funders Group.
Topic:
Conflict Resolution, Conflict Prevention, United Nations, Peacekeeping, Youth, and Peace
Political Geography:
Global Focus

266. The Impact of Laudato Si’ on the Paris Climate Agreement

Author:
Irene Burke
Publication Date:
08-2018
Content Type:
Working Paper
Institution:
Liechtenstein Institute on Self-Determination, Princeton University
Abstract:
Pope Francis addresses the intersecting concerns of environmental responsibility and authentic human development in the June 2015 papal encyclical Laudato Si’: On Care for Our Common Home. Pope Francis extends Catholic environmental ethics to advocate for those at the margins of social consciousness who are most vulnerable to rapid environmental changes—the global poor and future generations. Pope Francis’ active collaboration with leading experts in climate science and development economics and his perspective as the first non-European Pope strengthens his contributions to ethical discourse on inter- and intra-generational justice, the preferential option for the poor, carbon mitigation policies, and common but differentiated responsibilities in international climate negotiations. His advocacy efforts in 2015 anticipated critical convocations of world leaders, including the UN General Assembly’s ratification of the Sustainable Development Goals in September 2015 and the UN Climate Change Conference in Paris in December 2015, culminating in a unanimous decision among 195 governments to adopt the Paris Agreement. Pope Francis’ contribution to discourse on international climate policies and sustainable development objectives inspired political cooperation leading up to pivotal international agreements.
Topic:
Climate Change, Environment, Religion, and United Nations
Political Geography:
Global Focus

267. Building a Gender Inclusive Response to Conflict Related Sexual Violence

Author:
Liechtenstein Institute on Self-Determination
Publication Date:
08-2018
Content Type:
Working Paper
Institution:
Liechtenstein Institute on Self-Determination, Princeton University
Abstract:
The Liechtenstein Institute on Self-Determination at Princeton University (LISD) and All Survivors Project convened a workshop, “Building a Gender Inclusive Response to Conflict Related Sexual Violence,” on May 3-4, 2018, at Princeton University. This workshop brought together academics, policy makers, and key UN and NGO actors and aimed to facilitate discussions around the multi-disciplinary themes of violence prevention, gender and law, and feminist theory to better understand the dynamics of and responses to male sexual victimization in conflict situations. The workshop began with informal discussions among participants on May 3 and carried on to three formal working sessions on May 4. The first session featured presentations which sought to explore our current understanding and knowledge of sexual violence against men and boys, critically examine the gaps in research and responses, and articulate the rationale for further work. The second session included presentations that focused on how international legal instruments have excluded male victims, how sexualized torture has been used in conflict situations to inflict deep humiliation on collective and individual gendered identities, and the co-relation between sexual violence against men and boys and violence mitigation. The third session explored how feminist scholarship and theory can be applied to advance responses to male sexual violence to ensure they are effective and inclusive. The workshop closed with a final wrap-up session in which, based on discussions from the previous sessions, participants discussed key issues for further consideration and around which specific policy recommendations might be crafted. This report summarizes the content of the off-the-record working sessions, highlighting the main takeaways from each.
Topic:
Gender Issues, United Nations, Displacement, and Sexual Violence
Political Geography:
Global Focus

268. Unpacking the 2030 Agenda as a Framework for Policymaking

Author:
Gonzalo Alcalde
Publication Date:
01-2018
Content Type:
Working Paper
Institution:
Postgraduate Program on Sustainable Development and Social Inequalities in the Andean Region (trAndeS)
Abstract:
The 2030 Agenda for Sustainable Development is more than a set of goals and targets: it is a comprehensive “plan of action” that countries are translating into relevant policies. While this plan recognizes a need for different national paths towards the Sustainable Development Goals (SDGs), it also provides guidance for policymaking, establishing means of implementation and follow-up and review mechanisms that are indivisible from the SDGs. Moreover, analyzing the 2030 Agenda as a framework for policymaking reveals general principles that are both explicit and implicit in the UN’s Transforming Our World document. After examining previous relevant UN and OECD frameworks; official 2030 Agenda documents; current international literature on the SDGs, and consulting key 2030 Agenda stakeholders in Peru, this paper identifies eight general principles for sustainable development policymaking in 2030 Agenda implementation that are relevant to all SDGs and sectors, and suggests areas for further research.
Topic:
Development, United Nations, Sustainable Development Goals, Economic Development, Sustainability, and Organisation for Economic Co-operation and Development
Political Geography:
Latin America, Peru, and Global Focus

269. Greening Peacekeeping: The Environmental Impact of UN Peace Operations

Author:
Lucile Maertens and Malkit Shoshan
Publication Date:
04-2018
Content Type:
Policy Brief
Institution:
International Peace Institute (IPI)
Abstract:
The 2010 cholera outbreak in Haiti, triggered by the UN mission there, killed more than 9,000 people and affected nearly 807,000. This disastrous case drew attention to the negative effect UN peace operations can have on the surrounding communities and environment—something peacekeepers had started paying attention to with the deployment of new large-scale operations in the 2000s. As operations have grown in size, so too has the size of their environmental footprint. This report looks at the environmental impact of peace operations and how the UN has responded, including through policies and guidelines, dedicated staff, and training material. In particular, it assesses the challenges the Department of Field Support faces in implementing its Environment Strategy. Based on this assessment, which includes a detailed examination of the UN mission in Mali, the report puts forward a series of short-, medium-, and long-term recommendations. It concludes that a UN presence should not be a source of stress but should improve local environmental sustainability and build resilience.
Topic:
Environment, United Nations, Peacekeeping, and Peace
Political Geography:
Africa, Mali, and Global Focus

270. Neighborhood Dynamics in UN Peacekeeping Operations, 1990–2017

Author:
Paul D. Williams and Thong Nguyen
Publication Date:
04-2018
Content Type:
Policy Brief
Institution:
International Peace Institute (IPI)
Abstract:
The last decade has seen more UN peacekeepers than ever before coming from countries neighboring the host state. This report uses the IPI Peacekeeping Database to explore this increase in neighborhood contributions between 1990 and 2017. While less than 3 percent of all UN peacekeepers came from next-door neighbors in the early 1990s, this number had increased to about 20 percent by 2017. This trend runs counter to a longstanding, if unwritten, principle that UN peacekeeping missions should seek to avoid deployment of troops or police from neighbors in order to mitigate the risks associated with these countries’ national interests in the host countries. It also means there would be significant implications if policymakers wished to reverse this trend, which would put major additional pressure on the UN’s force generation process.
Topic:
United Nations, History, and Peacekeeping
Political Geography:
Global Focus