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131. Hamstringing a Hegemon: Examining the Effectiveness of Lawfare in the South China Sea Disputes

Author:
Rodelio Cruz Manacsa
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
The South China Sea is the locus of a tense political struggle for territorial control between an increasingly aggressive regional power and a host of small states and their own respective sets of allies. In such a scenario, we can expect that China, the hegemonic state, will attempt to steer the discussions towards bilateral negotiations since its power projection and military capabilities tend to carry greater leverage against weaker states when talks are conducted on a one-on-one basis. In an international system characterized by the absence of a global government, power bends the arc of contention towards the hegemon. On the other hand, small states in the region like the Philippines, Vietnam, and Brunei have a plethora of strategies and tactics for dealing with regional powers.[1] Their menu of options ranges from direct military balancing on one end and appeasing and bandwagoning on the other.[2], [3] This analysis will focus on the strategy that was chosen by the Philippines against China, which will be characterized as “lawfare.” The paper will proceed as follows: First, it will seek to define the concept of “lawfare” as a strategy and then map out the conditions under which it can succeed and fail. Second, it will apply the framework that was developed in the initial section to the conflict between China and the Philippines in the South China Sea. Finally, the consequences of lawfare use will be assessed, with the end goal of understanding how the Philippines’ victory in the Permanent Court of Arbitration (PCA) inexplicably led to reticence and bandwagoning, a case of historic success morphing into strategic retreat...
Topic:
Bilateral Relations, Territorial Disputes, Law, Negotiation, and Oceans and Seas
Political Geography:
China, Vietnam, Philippines, South China, and Brunei

132. Implementing the Responsibility to Protect: Domestic Processes and Foreign Assistance

Author:
Cecilia Jacob
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Australian National University Department of International Relations
Abstract:
On 28–29 October 2016, the Department of International Relations at The Australian National University, along with the Asia Pacific Centre for the Responsibility to Protect at the University of Queensland, and with support from the Australian Department of Foreign Affairs and Trade, hosted the conference Implementing the Responsibility to Protect: Domestic Processes and Foreign Assistance. The conference was attended by academics, including leading experts in the field, and members and representatives of a wide range of government agencies, the diplomatic community, international organisations, and civil society organisations. Two distinguished keynotes were delivered by the Honorable Gareth Evans, ANU Chancellor and co-chair of the International Commission on Intervention and State Sovereignty (ICISS), and Ivan Šimonović, Special Adviser on the Responsibility to Protect to the UN Secretary-General (SASG). The purpose of the conference was to bring together policymakers, practitioners, and scholars working on areas related to the implementation of the Responsibility to Protect (R2P), primarily in the areas of state-level responsibility to prevent mass atrocities and protect civilian populations (what we call Pillar One of the R2P), and international assistance to states to fulfil this responsibility (Pillar Two). Recognising that the principle of R2P has gained significant traction within the international community since it was first introduced in the 2001 report The Responsibility to Protect, the conference sought to transcend longstanding debates over acceptance and legitimacy of R2P as a norm. Rather, it sought to clarify what the implementation of R2P entails for the policy and practitioner community, and to push forward new lines of academic inquiry and research that could support the implementation agenda. At its heart, R2P implementation is about strengthening the capacity of states to prevent atrocities from occurring in the first place. Prevention requires enhancing the resilience of societies that face the risk of atrocities through improved access to security, justice, and the rule of law. Effective mass atrocity prevention requires going local – understanding the dynamics of mass atrocities in their specific historical and social contexts; and going international – ensuring that international actors effectively align their priorities, strategies, and resourcing on atrocity prevention in ways that support local and national needs. This is an ambitious agenda, and experts from a range of fields were invited to address the practical implications of implementing R2P across numerous sites. The central themes included atrocity prevention, international accountability, human rights, international humanitarian law, justice for legacies of violence, foreign policy, development cooperation, peacekeeping, and civil–military assistance. The conference brought together different communities working on aspects that support the goals of R2P in order to enhance knowledge across thematic divides, and contributed to clarifying the practical implications that commitment to R2P implementation entails for these communities across the spectrum. This report contains the text of the keynote speeches, and condensed summaries of the panel discussions. These can be read together to provide a comprehensive synthesis of the debates occurring across the spectrum, or can be read as stand-alone sections for those with specific interest in a particular aspect of the R2P implementation.
Topic:
Genocide, Human Rights, International Cooperation, and United Nations
Political Geography:
Africa, Middle East, Asia, North Korea, Philippines, Syria, and Congo

133. Rule of Law and Peace and Order in the South China Sea and the West Philippine Sea

Author:
Catherine S. Panaguiton
Publication Date:
03-2017
Content Type:
Policy Brief
Institution:
Council on International Policy (CIP)
Abstract:
Chinese incursions in disputed waters in the SCS and WPS started from as early as the 1950s. However, they were scant and far in between. As decades passed, Chinese surveillance and incursions and the incidents between PRC, RP and Vietnam have increased in these areas. Rapid reclamation activities by PRC and the construction of installations on them (many of which are of a military nature)7, amidst protests by its neighbors (including the Philippines) and claimant states, have likewise increased the tensions.
Topic:
International Law and Peace Studies
Political Geography:
China and Philippines

134. R2P Monitor, Issue 36, 15 November 2017

Author:
Global Centre for the Responsibility to Protect
Publication Date:
11-2017
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 36 looks at developments in Myanmar (Burma), Syria, Iraq, Yemen, Democratic Republic of the Congo, South Sudan, Central African Republic, Sudan, Burundi, Philippines, Afghanistan and Somalia.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Afghanistan, Iraq, Sudan, Philippines, Yemen, Democratic Republic of the Congo, Syria, Somalia, Burundi, Myanmar, South Sudan, and Central African Republic

135. R2P Monitor, Issue 35, 15 September 2017

Author:
Global Centre for the Responsibility to Protect
Publication Date:
09-2017
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 35 looks at developments in Syria, Iraq, Yemen, Myanmar (Burma), South Sudan, Democratic Republic of the Congo, Central African Republic, Sudan, Burundi, Philippines, Afghanistan and Somalia.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Afghanistan, Iraq, Sudan, Philippines, Yemen, Democratic Republic of the Congo, Syria, Somalia, Burundi, Myanmar, South Sudan, and Central African Republic

136. R2P Monitor, Issue 34, 15 July 2017

Author:
Global Centre for the Responsibility to Protect
Publication Date:
07-2017
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 34 looks at developments in Syria, Iraq, Yemen, Sudan, Myanmar (Burma), South Sudan, Democratic Republic of the Congo, Burundi, Philippines and Kenya.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Kenya, Iraq, Sudan, Philippines, Yemen, Democratic Republic of the Congo, Syria, Burundi, Myanmar, and South Sudan

137. R2P Monitor, Issue 33, 15 May 2017

Author:
Global Centre for the Responsibility to Protect
Publication Date:
05-2017
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 33 looks at developments in Syria, Iraq, Yemen, Sudan, Myanmar (Burma) , South Sudan, Democratic Republic of the Congo, Burundi, Philippines and Central African Republic.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Iraq, Sudan, Philippines, Yemen, Democratic Republic of the Congo, Syria, Burundi, Myanmar, South Sudan, and Central African Republic

138. R2P Monitor, Issue 32, 15 March 2017

Author:
Global Centre for the Responsibility to Protect
Publication Date:
05-2017
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 32 looks at developments in Syria, Iraq, Yemen, Sudan, Myanmar, South Sudan, Democratic Republic of the Congo, Burundi, Philippines and Central African Republic. Issue 32 also includes an insert regarding states that have endorsed the Kigali Principles on the Protection of Civilians. For more information on the Kigali Principles, see: Improving Peacekeeping and Civilian Protection.
Topic:
Human Rights, International Law, Peacekeeping, Civilians, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Iraq, Sudan, Philippines, Yemen, Democratic Republic of the Congo, Syria, Burundi, Myanmar, South Sudan, and Central African Republic

139. R2P Monitor, Issue 31, 15 January 2017

Author:
Global Centre for the Responsibility to Protect
Publication Date:
01-2017
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 31 looks at developments in Syria, Iraq, Yemen, Sudan, Myanmar (Burma), South Sudan, Democratic Republic of the Congo, Burundi, Philippines, Central African Republic and Nigeria.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Iraq, Sudan, Philippines, Yemen, Democratic Republic of the Congo, Syria, Nigeria, Burundi, Myanmar, South Sudan, and Central African Republic

140. Philippine Follies

Author:
Sheldon Simon
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Pacific Forum
Abstract:
The rather bizarre behavior of Philippine President Rodrigo Duterte dominated the news in late 2016. The former Davao mayor displayed his well-known anti-US feelings while aggressively pursuing his allegedly extrajudicial campaign against Philippine drug trafficking. Duterte’s invective ran the gamut from accusations that the US still treated the Philippines as a colony to a vulgar epithet directed at President Obama. There were also threats to end all bilateral military exercises and to terminate bilateral defense agreements. Philippine officials tried to soften Duterte’s remarks and US officials offered reassurances that the US would remain a reliable defense partner and planned to continue providing military assistance. Elsewhere, the US continued to focus attention on maritime security while avoiding direct involvement in the emerging controversy over treatment of the Muslim population in Rakine State, Myanmar.
Topic:
Diplomacy, Human Rights, International Cooperation, Bilateral Relations, Governance, Leadership, and Discrimination
Political Geography:
Asia and Philippines