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1371. Partners in Democracy, Partners in Security: NATO and the Arab Spring

Author:
Young Atlanticists
Publication Date:
05-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
The Arab Spring has created significant challenges and unprecedented opportunities for NATO and its partners in the Mediterranean region. New security issues have emerged alongside new regimes and regional instability looms. State failure, civil conflict, and institutional collapse could present a number of major security threats, among them the creation of a refugee crisis affecting NATO members, increased illegal arms trafficking, and a breeding ground for militant groups in a Somali-like setting near European shores. These threats highlight the need for NATO to set up a plan for fostering regional stability and developing good relations with new and emerging leaders. The changing nature of regional security and Arab governance demands a multi-faceted approach which requires NATO to draw on expertise beyond its own, especially in empowering civil society and youth groups that are the cornerstone of sustainable democracy. Such new challenges require new partnerships and this memo intends to convey two core recommendations: restructure the Mediterranean Dialogue (MD) to allow for a more incentivized and effective partnership, and partner with other institutional actors to enable NATO to offer a more comprehensive assistance package. NATO should play to its strengths while working with organizations that specialize in other tasks that are necessary to meet these goals. Only robust partnerships will allow NATO
Topic:
Security, NATO, Civil Society, Refugee Crisis, and Arab Spring
Political Geography:
Africa, Europe, Middle East, and North America

1372. What a Tangled Web: India Caught Between U.S. and Iranian Interests

Author:
Felix Imonti
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
India is caught between the consequences of provoking a United States driven by its fixation upon the Iranian nuclear program and by an Iran that is a major supplier of oil, providing India with access to its vital interests in Afghanistan. The best that the Ind
Topic:
Diplomacy, Energy Policy, International Cooperation, Military Strategy, and Nuclear Power
Political Geography:
Iran, Middle East, India, Asia, North America, and United States of America

1373. Storm Clouds on the Horizon: A Possible New Cold War With China

Author:
Paul Nash
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
“Red China’s sub fleet can prove a major threat to American ships,” wrote Albert Ravenholt for the Chicago Daily News Service in 1964, referring to Mao’s underwater menace to American naval forces assembling in the South China Sea off the coast of Vietnam. The communist submarines, supplied by the Russians, were stationed on Hainan Island, at the southernmost tip of the Chinese mainland, across the Gulf of Tonkin. At the time, China was estimated to have between 30 and 40 in operation, the fourth largest fleet after the U.S.S.R, the United States and Great Britain. Nearly 48 years on, much has changed and yet much continues on the same trajectory. When Ravenholt, who set about becoming a reporter in Shanghai in the 1940s during the Second Sino-Japanese war, died at the age of 90 in 2010, China remained Red, even though its ideological hue had turned arguably more nationalistic after three decades of rising prosperity. China has modernized its military in tandem with its economic growth. It has committed itself to significant military spending, endeavouring to catch up to the West’s technological prowess by building advanced precision-guided munitions, anti-satellite and cyber-warfare capabilities. Last year, it unveiled the Chengdu J-20 stealth fighter jet, which is expected to go into service in 2017-19. It has also set up a land-based anti-ship missile system to limit the ability of other nations to navigate freely in regional waters, including those around the disputed Paracel and Spratly Islands, which it estimates may contain the world’s fourth largest reserve of oil and natural gas.
Topic:
International Cooperation, Science and Technology, Military Strategy, and Conflict
Political Geography:
United States, China, Asia, and North America

1374. Congress Considers New Sanctions on Iran - But Why

Author:
Paul Nadeau
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
It is not surprising that Congress can take a more aggressive stance on foreign policy issues than the Executive: Congress rarely bears the loss in foreign policy mistakes (consider where foreign policy issues rank on voters’ lists of priorities) and that consequently gives Congress an opportunity to demonstrate leadership, since high profile issues in most other issue areas carry considerably more risk. The result is that Congress will often take a position that is contrary to that of the Executive, most frequently by adopting a more extreme position, and then either assailing the Executive for a lack of leadership when the Executive does not follow or by taking credit when the Executive adopts Congress’s position. The most recent example is the issue of Iran’s nuclear program—which is likely the only current issue where there is genuine bipartisan support, famously evidenced in the Senate’s December 2011 100-0 passage of legislation sanctioning Iran’s financial sector. So far, international sanctions, and particularly the European Union’s sanctions of Iran’s oil sector, seem to have succeeded in damaging Iran’s economy and possibly even encouraging them to negotiate, though a breakthrough has been elusive. The problem is that while the sanctions may have succeeded in crippling Iran’s (already weak) economy so far, the goal of the sanctions program is supposed to have been to convince Iran to terminate its nuclear program. On that score, it’s unclear that additional sanctions may help the American cause and it might even undermine it.
Topic:
Energy Policy, Nuclear Weapons, Military Strategy, and Sanctions
Political Geography:
Iran, Middle East, North America, and United States of America

1375. Drones in Our World, Part IV: Adapting a Warfighter

Author:
Whitney Grespin
Publication Date:
08-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
Aerial surveillance and remote sensing are nothing new in the world of combat reconnaissance, but they are new tools in the arsenal of the humanitarian relief and development communities. And they are rapidly evolving. Complex, disaster, and rapidly evolving environments all require the capability to promptly collect, analyze, and disseminate critical information that UAVs can gather and exploit in ways and quantities that other resources cannot rival.
Topic:
Science and Technology, Military Strategy, Drones, Humanitarian Intervention, and Conflict
Political Geography:
North America and United States of America

1376. Generation "U".: The Plight oof 75 Million Unemployed Youth

Author:
Arun S. Nair
Publication Date:
09-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
Consider this—globally, 75 million youth between 15 and 24 years of age are unemployed, according to a May 2012 report of the International Labor Organization (ILO). If all these youth were residents of a single nation, that would make it the 18th most populous in the world. The 75 million youth (an increase of around 4 million since 2007) comprise about 40 percent of the estimated 207 million unemployed people across the world. Many of those who have managed to secure some employment are not any better off. As many as 228 million youth who have 'jobs' live on less than $2 a day, a reflection of their poverty and under-employment. The ILO forecasts a bleak future too. The international body on labor projects that the global youth unemployment rate—seen at 12.7 percent this year (or higher at 13.6 percent if one includes those who have given up or put off their job search due to the poor prospects)—will remain at such high levels in the near future, that is at least till 2016. Such is the seriousness of the problem that some experts have already started describing today's youth as Generation 'U' (for Unemployed) or Generation 'NEET' (an acronym for Not in Education, Employment or Training), a far cry from the more popularly used term—'Generation Z' or 'iGeneration' (symbolizing their skills in being technologically advanced and connected).
Topic:
Debt, Youth, Unemployment, and Job Creation
Political Geography:
North America and United States of America

1377. EU Privacy Regulation: Implications for U.S. and EI Law Enforcement

Author:
Carlton Forbes and Jacob Victor
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In January 2012, the European Commission released drafts of two new pieces of legislation that would provide more stringent and more uniform regulation to the processing of electronic data relating to EU citizens. The proposed General Data Protection Regulation would govern the processing of data for general purposes, while the proposed Criminal Justice Directive would govern data processed in the specific context of criminal investigations. The Data Protection Regulation has proven controversial because of the significant number of requirements it imposes on private data processors, including requirements that the processor notify a consumer when her data is shared with a third party, and requirements that processors respect a number of new individual rights, such as the right of a consumer to request that her data be deleted (a.k.a. “the right to be forgotten”). Furthermore, the Regulation would mandate that many non-EU corporations would need to comply with its requirements when processing the data of EU citizens, or face harsh penalties. This memo summarizes the existing EU data protection regime, analyzes the changes proposed by the new Data Protection Regulation and Criminal Justice Directive, and explores the implications of this new legislation for U.S. criminal and national security investigations. We arrive at three main conclusions
Topic:
Law Enforcement, Law, European Union, Regulation, and Legal Theory
Political Geography:
Europe, North America, and United States of America

1378. UNCLOS Dispute Settlement in Context: The United States’ Record in International Arbitration Proceedings

Author:
Julia Brower, Christina Koningisor, Ryan Liss, and Michael Shih
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The United Nations Convention for the Law of the Sea (UNCLOS) establishes a compulsory dispute settlement regime for resolving disagreements between member states. Critics of the Convention have argued that the mandatory dispute resolution provisions force member states to cede too much control over the dispute resolution process to an international body. They have also argued that the dispute resolution process is biased against the United States, and that the United States tends to fare poorly in international arbitration proceedings. This report addresses the first criticism by examining possible exceptions to mandatory dispute resolution provisions. At least one Annex VII tribunal has interpreted Article 281(1) of UNCLOS to permit states to contract around the mandatory dispute resolution provision through regional agreements. However, a subsequent tribunal applied a much more constrained interpretation of the Article 281 exception. Ultimately, the impact of this exception will depend upon which interpretation is applied. The report also examines the scope of the Article 298(1)(c) exception, which exempts from binding resolution “disputes in respect of which the Security Council . . . is exercising the functions assigned to it by the [U.N.] Charter.” This exception is not confined to specific subject matters, but it is limited by the procedural difficulties of adding or removing an item from the Security Council’s agenda, as well as by the political costs that such an effort entails. Finally, the report notes that UNCLOS’s compulsory dispute settlement regime is not accompanied by similarly robust enforcement provisions. The report addresses the second criticism by examining the United States’ record in arbitration proceedings under eighteen multilateral treaties containing mandatory dispute resolution provisions, as well as a series of bilateral aviation agreements that provide for mandatory dispute resolution. Fifteen of those agreements have yielded very few readily identifiable arbitration proceedings involving the United States.
Topic:
International Law, United Nations, Legal Theory, and Arbitration
Political Geography:
North America and United States of America

1379. Internationally Protected Persons: The Status of Consular Employees

Author:
Ryan Liss
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This memorandum considers whether consular employees and their family members constitute “internationally protected persons” (IPPs) under 18 U.S.C. § 112. In addition, the memorandum briefly considers whether an assault against the child of a consular employee abroad meets the jurisdictional nexus requirements of 18 U.S.C. § 112, such that the assault could be prosecuted in U.S. courts. It concludes that existing U.S. and foreign law and state practice do not provide a definitive definition of IPPs that either clearly includes or excludes consular employees. Moreover, the status of a consular employee’s child is similarly unclear, as the status of consular employees’ family members depends on that of the employee. However, while a definitive answer is not provided, the travaux preparatoires of the relevant treaties and one U.S. decision at least suggest that consular employees are excluded from the definition of IPPs. Part I explains that the applicable U.S. statutory provisions do not provide an exhaustive definition of who constitutes an IPP. The statute relies instead on the definition of IPPs at international law. In addition, there are no U.S. cases directly on point, so the existing case law does not foreclose the possibility that a consular employee might qualify as an IPP. However, the court’s logic in one case, United States v. Marcano-Garcia,2 which relied on the assault victim’s status as honorary consul under the Vienna Convention on Consular Relations in determining his IPP status, suggests that a consular employee would not fall within the definition. The exclusion of consular employees from the definition of IPPs is also arguably supported by the international treaties that 18 U.S.C. § 112 was drafted to implement, as well as those treaties’ travaux préparatoires. Part II looks to foreign and international law. There are indications in statements made via United Nations reporting processes that some states regard themselves as obligated to protect consular employees. But these statements are vague and are not supported by a similar trend in foreign domestic legislation or foreign case law. Part III shows that even if a consular employee and his or her child qualify as IPPs, the jurisdictional nexus under 18 U.S.C. § 112 must be met. For American courts to exercise jurisdiction in this case, the provision requires that the accused either be a U.S. national or be present on U.S. territory. Having concluded that the law does not support a definitive conclusion regarding whether a consular employee qualifies as an IPP, Part IV concludes by discussing policy considerations both in favor of and against extending such protection to consular employees.
Topic:
Law, Legal Theory, Protected People, and Diplomatic Immunity
Political Geography:
United States of America and North America

1380. US-Russian Partnership for Advancing a Nuclear Security Agenda

Author:
Anton Khlopkov
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
Since the collapse of the former Soviet Union, the United States and the Russian Federation have engaged in bilateral and multilateral nuclear security efforts to secure nuclear materials and facilities in the region. This cooperation contributed to nuclear security globally and developed various tools, mechanisms, and approaches that need to be fully utilized by the international community. As new nuclear security challenges emerge, the implementation of sustainable nuclear security measures is constrained by limited expertise and resources, particularly in some key regions. For this reason, the application of US-Russian expertise and experience in cooperative threat reduction is essential to successful implementation of the global nuclear security agenda. Researchers investigate nuclear security challenges in other countries and regions—specifically in Southeast Asia and the former Soviet states of Central Asia—and examine possible ways by which the lessons learned from US-Russian nuclear security cooperation over the past two decades can be a
Topic:
Security, National Security, Nuclear Weapons, Nonproliferation, and Nuclear Safety
Political Geography:
Russia, Europe, North America, Southeast Asia, United States of America, and Post-Soviet Europe