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221. State Immunity and Hierarchy of Norms: Why the House of Lords Got It Wrong

Author:
Alexander Orakhelashvili
Publication Date:
11-2007
Content Type:
Journal Article
Abstract:
The proper way of addressing the impact of normative hierarchy on state immunity is to adopt the normative-evidentiary approach cleansed of preconceptions motivated by certain risk factors that possess only theoretical significance. The European Court stated in Al-Adsani on the hierarchy of norms issue without properly examining most of its crucial aspects. The Joint Dissenting Opinion of six judges has exposed the weaknesses in the Court's reasoning. Still, some national courts, especially the House of Lords in Jones v. Saudi Arabia, have taken the Al-Adsani ruling as axiomatic, and accepted its outcome without enquiring into whether the line of reasoning the European Court had pursued was consistent or supported with evidence. The outcome is an unfortunate thread of judicial decisions, which do not properly examine the impact of the hierarchy of norms on State immunity, and consistently uphold the impunity of the perpetrators of torture as well as the denial to victims of the only available remedy.
Political Geography:
Europe and Saudi Arabia

222. The Saudi Labyrinth: Evaluating the Current Political Opening

Author:
Amr Hamzawy
Publication Date:
03-2006
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Recent years have witnessed unprecedented political dynamism in Saudi Arabia. Since 2002, the government has pursued various reform policies. Its most relevant measures have included reforming the Shura Council, holding municipal elections, legalizing civil society actors, implementing educational reform plans, and institutionalizing national dialogue conferences. Although these measures appear less significant when compared with political developments in other Arab countries, such as Lebanon and Egypt, they constitute elements of a meaningful opening in Saudi authoritarian politics.</p
Topic:
Civil Society, Development, and Politics
Political Geography:
Middle East, Saudi Arabia, Lebanon, and Egypt

223. The New Energy Security: 2005 Global Oil and Gas Forum

Author:
John A. Riggs
Publication Date:
01-2006
Content Type:
Working Paper
Institution:
Aspen Institute
Abstract:
Energy security means different things to different countries. Importing countries primarily focus on supply. Since the oil price shocks of the 1970s, the focus of energy security has been on achieving adequate supplies at reasonable prices, without incurring serious disruptions. Recent high prices have intensified this concern and renewed interest in policies to bring prices down.
Topic:
Security, Energy Policy, and Oil
Political Geography:
Russia, China, Europe, Middle East, India, Asia, and Saudi Arabia

224. Iran Against the Arabs

Author:
Michael Rubin
Publication Date:
07-2006
Content Type:
Policy Brief
Institution:
American Enterprise Institute for Public Policy Research
Abstract:
After Hamas kidnapped nineteen-year-old Corporal Gilad Shalit on June 25, Israeli forces launched an assault on Gaza to win his release. Arab condemnation was swift. Saudi Arabia's pro- government al-Jazira daily called Israel “a society of terrorists.” Egypt's state-controlled al-Gumhuriyah condemned Israel's “heinous crimes” in Gaza. Following a July 8 meeting in Tehran, foreign ministers from countries neighboring Iraq denounced the “brutal Israeli attacks.”
Topic:
International Relations and Government
Political Geography:
Iran, Middle East, Israel, Tehran, Gaza, Arab Countries, Saudi Arabia, and Egypt

225. New Saudi Rules on Succession: Will They Fix the Problem?

Author:
Simon Henderson
Publication Date:
10-2006
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
On October 20, 2006, eighty-three-year-old King Abdullah of Saudi Arabia announced changes to the kingdom's “Basic Law”—effectively its constitution—that appear to formalize procedures for the selection of future kings. However, it is difficult to know how much the current system of succession will actually change. For the foreseeable future, it is most likely that the world's largest oil exporter and the center of the Islamic world will still be led by an octogenarian, with the probability that his successor will be of similar age, and perhaps even infirm.
Topic:
Conflict Resolution, Government, and Politics
Political Geography:
Saudi Arabia

226. Darfur and the Arab League

Author:
Robert O. Collins
Publication Date:
08-2006
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
On August 20, 2006, the Arab League committee on Sudan backed Sudanese president Omar al-Bashir's refusal of a UN peacekeeping force in the war-wracked Darfur region. At the UN Security Council, the only open critic of the proposal to send such a force is Qatar, the only Arab member of the Council. Within the week, President Bush responded by sending Assistant Secretary of State for Africa Jendayi Fraser to Khartoum as his special envoy carrying a personal letter to al-Bashir urging him to permit the presence of a robust UN peacekeeping force in Darfur. This decision by the Arab League has been a discouraging development, given that in June, Arab League secretary-general Amr Musa had urged Sudan to accept UN peacekeepers to replace the fragile 7,000-person African Union (AU) African Mission in the Sudan (AMIS). The Arab League's position represents a stark about-face. In the past, the Arab League had supported Sudan's refusal to agree to a UN peacekeeping force. The change of heart exposed the ambiguities that have long characterized relations between Sudan and the Arab League—particularly Sudan's neighbors Libya, Egypt, and Saudi Arabia.
Topic:
Peace Studies and United Nations
Political Geography:
Africa, Sudan, Libya, Arabia, Saudi Arabia, and Egypt

227. Rebuilding Iraq: The Way Ahead

Author:
William McCoy and James Jeffrey
Publication Date:
06-2006
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
On May 18, 2006, Ambassador James Jeffrey and Maj. Gen. William McCoy addressed The Washington Institute's Special Policy Forum. Ambassador Jeffrey is senior advisor to the secretary of state and coordinator for Iraq policy at the U.S. Department of State. He previously served as deputy chief of mission and charge d'affairs in Baghdad, ambassador to Albania, and deputy chief of mission in Turkey and Kuwait. General McCoy is commander of the Gulf Region Division, Army Corp of Engineers, in Baghdad, where he oversees most of the U.S. government's major infrastructure projects in Iraq. Previously, he served as assistant commandant of the U.S. Army Engineer School, held command and staff positions in various combat engineer units, and served in Saudi Arabia. The following is a rapporteur's summary of their remarks.
Topic:
Foreign Policy, Development, and Government
Political Geography:
Iraq, Turkey, Middle East, Kuwait, and Saudi Arabia

228. 'Lag' or 'Gap'? Criticisms of Saudi Counterterrorism Actions

Author:
Simon Henderson
Publication Date:
05-2006
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
The second meeting in a new round of twice-yearly strategic dialogues between the United States and Saudi Arabia will be held May 18 in Washington. Established at the Crawford summit between President George W. Bush and then Crown Prince Abdullah in April 2005, the first meeting was held in the Saudi city of Jeddah last November. The meetings were instituted because of the bilateral problems highlighted at the Crawford talks. The issues then were discussed "frankly and plainly" (the Saudi description) and the talks were "candid" (the American official description) -- diplomatic codes for little agreement. This time the Saudi side is spinning "the prospects of expanding cooperation," though the United States is still concerned about the "lag" it sees between official Saudi statements and action. Six working groups were established at the Jeddah meeting in November: counterterrorism; military affairs; energy; economic and financial affairs; consular affairs and partnership; and education exchange and human development. The generic titles obscure some major differences. As the labels suggest, the Saudis have successfully avoided any direct reference to political reform and human rights, areas that have been particularly criticized by a succession of U.S. officials and congressional figures. Even when such issues were raised, reports say that in the case of human rights, the Saudi side immediately riposted with concern about the circumstances of Saudi detainees at Guantanamo Bay, where they are said to form the single largest national contingent.
Topic:
Diplomacy, International Cooperation, and Treaties and Agreements
Political Geography:
United States, Washington, and Saudi Arabia

229. Chinese-Saudi Cooperation: Oil but also Missiles

Author:
Simon Henderson
Publication Date:
04-2006
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
On April 22, two days after a reportedly unproductive meeting with President George W. Bush in Washington, President Hu Jintao of China will arrive in Saudi Arabia. Relations between the two countries are an increasingly important part of world diplomacy. In energy, China is the leading customer of Saudi Arabia, the world's largest oil exporter. On the military front, the kingdom bought now-obsolete ballistic missiles with a 1,500-mile range from China in the 1980s; the Saudis are reportedly interested in replacing them with more modern Chinese-designed missiles, perhaps with Pakistani nuclear warheads. Unlike his American visit, Hu's trip to the kingdom will unambiguously be given the status of a state visit. It is especially significant because King Abdullah of Saudi Arabia visited China as recently as January this year, the first visit by a Saudi monarch since diplomatic relations were established in 1990 and Abdullah's first trip outside the Middle East since becoming monarch last August. During the January meeting, five agreements covering economic cooperation trade and double taxation as well as an energy pact were signed. Energy is expected to be central to the latest talks, though a Chinese Foreign Ministry spokesman noted it was “not the only domain” of cooperation.
Topic:
Diplomacy and Weapons of Mass Destruction
Political Geography:
Pakistan, China, America, Middle East, and Saudi Arabia

230. Al-Qaeda Attack on Abqaiq: The Vulnerability of Saudi Oil

Author:
Simon Henderson
Publication Date:
02-2006
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
The February 24 attack by al-Qaeda on Saudi Arabia's giant oil processing facility at Abqaiq failed. At least two of the attackers were killed, along with two security guards. On February 27, Saudi authorities said they had killed another five terrorists linked to the Abqaiq attack in a clash in Riyadh, and they were interrogating a further suspect. The failure of the attack and the reported success of the subsequent counterterrorist operation give the impression of Saudi efficiency, but it should at least as much serve as a warning. The planned attack, targeting the world's largest oil exporter, should give impetus to President Bush's determination, declared in his January State of the Union address, to wean the United States off foreign oil.
Topic:
Conflict Resolution, Economics, and Oil
Political Geography:
Middle East, Arabia, and Saudi Arabia