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291. Austerity ahead: How will a conservative victory change Spanish politics?

Author:
Teemu Sinkkonen
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The electoral defeat suffered by the ruling Socialist Party (Partido Socialista Obrero Español, PSOE) in the municipal elections and the prolonged financial crisis has forced Prime Minister Zapatero to call an early general election on 20 November. The Conservative People's Party (Partido Popular, PP) is ahead in the polls by a clear margin and is likely to gain an absolute majority in the parliament. The economic outlook for Spain looks bleak, which means that the new government will have to create new jobs quickly and push through harsh and unpopular reforms, particularly regarding the fiscal and administrative structures. The Indignados protest movement is gaining support, and looks set to challenge the legitimacy of the system and force the future government to produce speedy results. Spain is expected to enhance its role in international politics through pragmatic bilateral relations. In particular, relations with the US seem to be warming up, while Spain can turn to the UK and Poland in the EU for companionship
Topic:
Debt, Democratization, Economics, and Financial Crisis
Political Geography:
United States, United Kingdom, Europe, and Spain

292. Legal order free of pillars: European Courts' jurisdiction in the post-Treaty of Lisbon setting

Author:
Janne Salminen
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
From the legal point of view, the most important change ushered in by the Treaty of Lisbon concerns the scope of the jurisdiction of the Court of Justice of the European Union. This was widened due to the dismantling of the pillar structure. As a general rule, the jurisdiction of the European Courts now covers previous third pillar matters as well, namely criminal law and police co-operation. The dismantling of the pillar structure did not, however, affect the Common Foreign and Security Policy. The Union Courts still do not have jurisdiction in this area. This rule has two important exceptions. Although the Area of Freedom, Security and Justice is communitarised and more coherent than before, the previous limits in its territorial scope, namely the opt-outs of the UK, Ireland and Denmark, did not disappear, so limits in the Courts' jurisdiction remain. The Treaty of Lisbon amendments did not change the fundamentals of the judicial doctrines, such as the direct effect and primacy of European Union law. Importantly, the application of these doctrines was widened instead, owing to the depillarisation. The Treaty of Lisbon amendments meant that the decisions of the European Council and European Union bodies, offices and agencies can be reviewed under the preliminary ruling procedure. The Treaty of Lisbon changed the much-debated criteria for the standing of non-privileged applicants in actions to review the legality of the European Union acts.
Topic:
Security, Foreign Policy, Treaties and Agreements, and Law
Political Geography:
United Kingdom, Europe, Denmark, Lisbon, and Ireland

293. British nuclear weapons and NATO in the Cold War and beyond

Author:
Martin A Smith
Publication Date:
11-2011
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
NATO has been a source of influence on British nuclear policy and strategy since the 1950s. The nature and extent of its influence has, however, been kept limited by successive British governments. This article considers how and why this has happened. It discusses evolving British attitudes towards NATO command and planning, and shows how these were reflected with regard to strategic nuclear issues from the late 1950s. The evolution of the key notion that the United Kingdom is a second centre of nuclear decision within NATO is traced, and both its utility and contradictions are examined. Overall it is argued that, both during and since the Cold War, NATO has neither been a central factor in shaping British nuclear strategy and policy, nor have British nuclear weapons been other than of limited importance and relevance for most NATO members.
Political Geography:
United Kingdom

294. Follow the Money: Leveraging Financial Intelligence to Combat Transnational Threats

Author:
Matthew Levitt
Publication Date:
02-2011
Content Type:
Journal Article
Journal:
Georgetown Journal of International Affairs
Institution:
Georgetown Journal of International Affairs
Abstract:
In July 2006 al-Qaeda nearly executed what would have been its most devastating terrorist attack since 9/11. A group of British citizens had planned to detonate liquid explosives aboard at least ten airliners en route from the United Kingdom to the United States and Canada. British authorities were able to foil the plot, in large part because of critical financial intelligence. As a result they quickly announced plans to increase the use of financial intelligence tools to disrupt future terrorist operations. "Our aim is simple," then-Chancellor of the Exchequer Gordon Brown asserted. "Just as there be no safe haven for terrorists, so there be no hiding place for those who finance terrorism."
Political Geography:
United States, United Kingdom, and Canada

295. "Global Justice and Due Process"

Author:
Eric Posner
Publication Date:
12-2011
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
In his latest book, Larry May argues that two rights—the right to habeas corpus and to non-refoulement—should be incorporated into international law as jus cogens norms. Habeas corpus, which is recognized in the United Kingdom, the United States, and a few other countries with U.K.-derived legal systems, is a legal procedure in which a prisoner can appear in court and challenge the basis of his detention. Non-refoulement is the principle that states should not deport aliens who are unlawfully on their soil if the aliens will be persecuted or abused in the state to which they will be returned. There is currently no right to habeas corpus in international law; most states have agreed to recognize limited rights of non-refoulement. Jus cogens norms are norms of international law that bind states even if they reject them, in contrast to ordinary international legal norms, which require states' consent. Torture, slavery, genocide, and aggressive war are generally thought to be on the list of jus cogens prohibitions, and it is to this group that May wants to add the failure to offer habeas corpus and the deportation of aliens to states where they are likely to be abused.
Topic:
Human Rights
Political Geography:
United States and United Kingdom

296. The Dynamics of International Legal Regime Formation: The Sino-British Joint Declaration on the Question of Hong Kong Revisited

Author:
Roda Mushkat
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
The academic literature on the systems that govern relations between states is rich but not without gaps. The subject of international legal regime formation is one that may benefit from further exploration. The protracted and unnerving process leading to the signing of a path-breaking agreement between China and the United Kingdom regarding the future of Hong Kong, a topic which has fascinated historians but has not galvanized socio-legal researchers into action on a meaningful scale, may offer considerable insights pertaining to the development of governance systems that regulate complex interaction between states.
Political Geography:
China and United Kingdom

297. The Dynamics of International Legal Regime Formation: The Sino-British Joint Declaration on the Question of Hong Kong Revisited: A Reply to Roda Mushkat

Author:
Kevin Y. L. Tan
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
Professor Roda Mushkat's article, arguing for the application of international regime theory to understanding the Sino-British Joint Declaration, is a curate's egg. As I read it, I often found myself nodding in agreement with her, especially her analysis and critiques of various international relations theories and methodologies. But she fails to make the case for regime theory analysis in general and for its application to the Sino-British Declaration in particular.
Political Geography:
United Kingdom

298. Michael P. Scharf and Paul R. Williams, Shaping Foreign Policy in Times of Crisis: the Role of International Law and the State Department Legal Adviser

Author:
Andre Stemmet
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
In an interview with BBC television on 19 March 2011, British Prime Minister David Cameron described the use of force against Libya in terms of United Nations Security Council resolution 1973 (2011) as 'necessary, legal and right'. This statement once again illustrated the fact that, especially with respect to the use of force in the execution of foreign policy, justification in terms of applicable international law principles weighs heavily on the minds of statesmen. It is therefore not surprising that it is increasingly being recognized in contemporary academic discourse that international law and international politics and security are intertwined subjects and that international law provides a useful paradigm for the analysis of international relations. The momentous events of 11 September 2001, which marked the advent of asymmetric warfare, challenged the ability of especially Western democracies to deal with hitherto unknown security challenges within the established framework of international law. These developments provided fertile soil for developing a discourse on the relationship between international law and international relations and diplomacy, conducted by both academics and practitioners.
Political Geography:
United Kingdom

299. Terrorist Awakening in Sweden?

Author:
Dr. Magnus Ranstorp
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
CTC Sentinel
Institution:
The Combating Terrorism Center at West Point
Abstract:
For decades, sweden has been regarded as the relative backwater of international terrorism. Even Usama bin Ladin had mentioned Sweden as immune from terrorism in an al-Jazira broadcast in October 2004. This sense of immunity was shattered twice in December 2010. First, a suicide bomber struck in the Nordic countries for the first time ever on December 11. The Swedish security service, Säkerhetspolisen (SÄPO), had no record of the bomber before the attack, as he had studied and lived for a decade in the United Kingdom. At the same time, he admitted he had traveled to Iraq to perform jihad. Second, four Swedes were arrested later that month for planning to conduct a protracted Mumbai-style attack on the Jyllands-Posten newspaper in Copenhagen, Denmark. The men were arrested after driving from Sweden to Copenhagen to execute the attack. Third, SÄPO produced a report on violent.Islamist extremism which outlined that it had identified about 200 extremists in Sweden; more than 80% were socially connected, and most lived inside the three major cities of Sweden, with more than half residing in Stockholm.
Topic:
Terrorism
Political Geography:
Iraq, United Kingdom, Denmark, Sweden, and Mumbai

300. Exploring BME Maternal Poverty: The financial lives of ethnic minority mothers in Tyne and Wear

Author:
Chris Warburton Brown
Publication Date:
01-2011
Content Type:
Working Paper
Institution:
Oxfam Publishing
Abstract:
This report has grown out of Oxfam's commitment to tackling the poverty of black and minority ethnic (BME) women in the UK. It aims to improve our understanding of BME mothers' experiences of poverty, to address the way in which the poverty of BME mothers is hidden from conventional data collection, to raise awareness amongst policy-makers and practitioners of the material circumstances of low-income BME mothers, and to improve the ways in which poor BME women are supported to secure greater assets and resources.
Topic:
Economics, Gender Issues, and Poverty
Political Geography:
United Kingdom and Europe