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351. "Traditional Gap" in the ICJ's Advisory Opinion on Kosovo

Author:
Mushfig Mammadov
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
The Caucasian Review of International Affairs
Institution:
The Caucasian Review of International Affairs
Abstract:
On February 17, 2008 Kosovo, hitherto the internationally recognized territory of Serbia, unilaterally declared its independence. Three of the five permanent members of the UN Security Council (the USA, UK and France) immediately recognized the independence of Kosovo, while the other two, Russia and China, sharply criticized Kosovo's step and have thus far refused to recognize Kosovo as an independent state. In October 2008 the UN General Assembly requested the International Court of Justice (ICJ), upon the initiative of Serbia, to render an advisory opinion with regard to whether the unilateral declaration of independence adopted by the provisional institutions of Kosovo was in accordance with international law. In its non-binding advisory opinion, delivered on July 22, 2010 the Court stated that the unilateral declaration of independence of Kosovo did not violate international law. Nonetheless, this conclusion is not so clear and simple as it at first might seem, nor so “dangerous”, as it was described in the media and in some reactions, especially upon a closer reading of the entire text of the advisory opinion.
Topic:
International Law
Political Geography:
Russia, China, Kosovo, United Nations, and Serbia

352. A Third Lebanon War: CPA Contingency Planning

Author:
Daniel C. Kurtzer
Publication Date:
07-2010
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
Lebanon has been a flashpoint for Arab-Israeli violence and military confrontations since the mid1970s. Its political system is weak and outside parties continue to vie for political advantage as part of a larger regional conflict. In particular, Syria and Iran provide support for the militant Islamist group Hezbollah as a strategic asset to pressure Israel. Hezbollah now controls most of southern Lebanon, while its political wing has developed a strong presence in the Lebanese parliament. In July and August 2006, Israel and Hezbollah fought what became known as the “Second Lebanon War,” which killed and displaced many thousand s of people and destroyed much of Lebanon's infrastructure. Since then Hezbollah has steadily rearmed in contravention of UN Security Council Resolution 1701, which requires, inter alia, “the disarmament of all armed groups in Lebanon, so that, pursuant to the Lebanese cabinet decision of July 27, 2006, there will be no weapons or authority in Lebanon other than that of the Lebanese state” and “no sales or supply of arms and related materiel to Lebanon except as authorized by its government.” Hezbollah's arsenal is more potent in quantity and quality today than it was in 2006. Although the border area between Israel and Lebanon is quieter than at any time in the previous decade, speculation that a third Lebanon war will occur in the next twelve to eighteen months has been steadily rising. Israel could decide the security threat posed by Hezbollah has reached intolerable levels and take preemptive military action. Hezbollah, while outwardly showing no interest in confronting Israel at this time, may for various reasons choose or be pressured by Iran to flex its new military capabilities. As happened in 2006, even small-scale military engagements with limited objectives can escalate into a major conflict. Whatever the precipitating reasons, a new conflict over Lebanon would have significant implications for U.S. policy and interests in the region.
Topic:
Conflict Prevention, War, Armed Struggle, and Counterinsurgency
Political Geography:
United States, Middle East, Israel, Arabia, United Nations, Lebanon, and Syria

353. Recurrent cost boom threathens Millennium Development Goals

Author:
Ole Therkildsen
Publication Date:
11-2010
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies
Abstract:
At the September 2010 UN summit on the Millennium Development Goals the Secretary-General stressed that tremendous progress in school enrolment, disease control and access to clean water had been achieved. This policy brief addresses a question that he did not talk about. How shall the achievements in relation to the goals be sustained beyond January 1, 2016?
Topic:
Development, Economics, Education, Health, Poverty, and Water
Political Geography:
United Nations

354. Recurrent cost boom threathens Millenium Development Goals

Author:
Ole Therkildsen
Publication Date:
12-2010
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies
Abstract:
The long-term financing of the costs of the Millennium Development Goals – the MDGs – must urgently be addressed. Otherwise, present achievements can be undermined by a potential recurrent cost boom in many poor donor-dependent countries.
Topic:
Development
Political Geography:
United Nations

355. Transforming the Quartet principles: Hamas and the Peace Process

Author:
Carolin Goerzig
Publication Date:
10-2010
Content Type:
Working Paper
Institution:
European Union Institute for Security Studies
Abstract:
Despite the clear necessity of an inclusive approach that involves all relevant actors, the Middle East Quartet (comprising the United Nations, the United States, the European Union and Russia) has made political and financial cooperation with the Palestinian Authority dependent on the recognition of the three Quartet principles — the recognition of Israel, the renunciation of violence and adherence to previous diplomatic agreements — in exchange for the recognition of a Palestinian government. But instead of compelling Hamas to consider compliance, the Quartet principles have in fact led the group to become more entrenched in its defiant stance. There is a fundamental problem with the three Quartet conditions. While decision-makers proclaim that the three principles come as a package and are inseparable, it is precisely the fact that they are so interlocked and that Hamas is required to comply with them simultaneously that makes compliance problematic. This is the case because the three principles are mutually constraining to such an extent that complying with one principle effectively prevents Hamas from complying with another. Originally, the three Quartet principles were intended as a basis or a framework for a potential peace process. They define the conditions a negotiating partner has to fulfil in order to take part in Middle East peace talks. In reality, however, they have acted as an impediment. This paper seeks to find a way of overcoming the constraints that the EU has imposed upon itself by insisting on simultaneous adherence to the three Quartet principles. It looks at what room for manoeuvre there remains for the EU within the framework of the Quartet conditions and at how they can be modified in such a way that they facilitate rather than obstruct compliance.
Topic:
Political Violence, Islam, Politics, Terrorism, Armed Struggle, and Territorial Disputes
Political Geography:
Russia, United States, Europe, Middle East, Israel, Palestine, Arabia, and United Nations

356. A new farewell to arms: Viewing disarmament in a new security environment

Author:
Jean Pascal Zanders
Publication Date:
12-2010
Content Type:
Policy Brief
Institution:
European Union Institute for Security Studies
Abstract:
In 1909 Foreign Secretary Sir Edward Grey, Viscount Grey of Fallodon, prophesied the outbreak of World War I when he declared that the naval arms race between Britain and Germany had become the most important single factor increasing tensions and the risk of war in Europe. The judgement captures the kernel of disarmament: certain types of weaponry are inherently so destabilising to international peace and security that they should preferably be removed from the military arsenals. Disarmament became a major objective of the League of Nations in the 1920s and 1930s. Under the Charter of the United Nations it is a responsibility of the General Assembly (Article 11) and the Security Council (Article 26). Today, as in the past, disarmament is one of the policy options available to governments to enhance national security. Barring a decision to unilaterally renounce a particular weapon category or coercive destruction of military equipment following defeat in war, it forms an integral part of cooperative security that aims for stability, predictability and transparency in international relations based on equal rights and obligations for all parties concerned.
Topic:
Security, Arms Control and Proliferation, and Weapons of Mass Destruction
Political Geography:
Europe, Germany, and United Nations

357. Preventing Identity Conflicts Leading to Genocide and Mass Killings

Author:
I. William Zartman
Publication Date:
11-2010
Content Type:
Policy Brief
Institution:
International Peace Institute
Abstract:
Genocide and mass killings are preceded and prepared by identity conflicts that escalate into targeted mass killing. They can be the work of rebel movements, but frequently are that of the sovereign state against its own people. They are generally pathologically defensive reactions to a perceived existential threat. What is required to prevent this situation is a return to (or move toward) the ideal condition of “normal politics,” where government responds to the needs and demands of its citizens, and the citizens regularly review its record in adequately providing this response. It is the object of the intervention—the shortcoming to be prevented—that confers a responsibility to protect the target of identity conflict, but there is no agreed threshold of seriousness that compels intervention. Early warnings abound; early awareness and early action are lacking; a “Security Weather Agency” is needed.
Topic:
Conflict Prevention, Genocide, Human Rights, and International Cooperation
Political Geography:
United Nations

358. Power, Politics, and Change: How International Actors Assess Local Context

Author:
Paul Romita and Vanessa Wyeth
Publication Date:
06-2010
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
In recent years, donor governments and international organizations such as the UN and the World Bank have developed a number of frameworks and tools to assess governance, conflict, and fragility. This report argues that there are multiple, and often contradictory, objectives underlying the development and use of such assessment tools. Underpinning this multiplicity of objectives are deep assumptions, many of which remain unstated. Different agencies tend to define the problem through their own institutional lens, and the assessment tools they create reflect these biases. As the Organisation for Economic Co-operation and Development—Development Assistant Committee's (OECD-DAC's) work on governance assessments has pointed out, assumptions underlying governance assessment methodologies are usually not explicit, but tend to measure governance against existing norms in OECD countries. Similarly, the different approaches to conflict assessment adopted by major bilateral and multilateral actors demonstrate conceptual and intellectual differences in their understanding of the nature of conflict; the same may be said for various donors' approaches to assessing state fragility.
Topic:
Conflict Resolution, Conflict Prevention, International Relations, and International Cooperation
Political Geography:
United Nations

359. After the Conflict: Nation-Building and Corruption

Publication Date:
04-2010
Content Type:
Working Paper
Institution:
Transparency International
Abstract:
Globally, there are 26 ongoing armed conflicts and nearly onesixth of the world's population lives in so-called 'weak governance' zones. In 2009 alone, the United Nations estimated that 42 million people were displaced due to conflict and persecution.
Topic:
Conflict Resolution, Corruption, and Development
Political Geography:
United Nations

360. How International Law Standards Pervade Discourse on the Use of Armed Force: Insights into European and US Newspaper Debates between 1990 and 2005

Author:
Swantje Renfordt
Publication Date:
05-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
For almost a decade, 'public legitimacy' has remained largely unaddressed in empirical international relations (IR) analyses of international legalization. Yet, this concept has behavioral consequences. IR scholars for long assume that a belief in the legitimacy of a norm may be one reason for a 'compliance pull' on the international stage. The present study addresses this gap. It suggests a sociological conception of legalization observable in mass media debates and encompassing law's 'public legitimacy', understood as the congruence between legal regulations and discursive practices to that effect that these rules are also accepted by the larger public. This conception is illustrated in European and US newspaper reporting about military interventions in the post-Cold War era (1990-2005). Based on a large-n media analysis, the study not only concludes that an 'international rule of law' frame is heavily diffused across the communicative practices of European and US public spheres. It also shows that two legal norms in particular – human rights and United Nations (UN) multilateralism – generate a shared sense of 'public legitimacy' across the six countries analyzed.
Topic:
International Law and Mass Media
Political Geography:
United States, Europe, and United Nations