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201. Different investment treaties, different effects

Author:
Clint Peinhardt and Todd Allee
Publication Date:
02-2012
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
The proliferation of investment treaties is perhaps exceeded only by academic studies of those treaties. Legal scholarship has long been attentive to the evolution in international investment agreement (IIA) content -- but until recently, quantitative assessments of IIAs have tended to treat them as interchangeable: the only measure of investor protections encoded in IIAs is whether a treaty had been signed and/or entered into force. Thankfully, the United Nations Conference on Trade and Development has been at the forefront of capturing not just IIAs' proliferation but also the evolution in their content. Its work shows that treaties apply for differing durations, have conflicting procedures for termination and include varying definitions of even basic terms, such as “investors” and “investment.” Other quantitative studies have begun to measure these variations, focusing initially on differences in dispute resolution. 1 Some IIAs demand that investors choose between domestic and international dispute resolution; some provide explicit consent of both parties to international arbitration; and some designate a particular forum for arbitration, whereas others specify multiple options. Of course, IIAs vary across many dimensions, but our initial examination of dispute resolution provisions alone demonstrates the importance of examining IIA content.
Topic:
Economics, International Trade and Finance, Markets, Treaties and Agreements, and Foreign Direct Investment
Political Geography:
United Nations

202. Between Non-Intervention and the Protection of Human Rights: A Moral Argument in Defence of Humanitarian Intervention

Author:
Oana Florina Pop
Publication Date:
02-2012
Content Type:
Journal Article
Journal:
Central European University Political Science Journal
Institution:
Central European University
Abstract:
Although humanitarian intervention has been a recurrent issue in moral and political philosophy for some years, much disagreement over its moral justifiability persists among scholars. The common denominator of previous views is their reliance on the assumption that solving the moral problem of humanitarian intervention comes down to making a choice between preserving sovereignty or protecting human rights. The present thesis follows a different strategy: it proceeds from an understanding of the moral puzzle humanitarian intervention presents us with by exploring the philosophical underpinnings of sovereignty and human rights. I argue that humanitarian intervention is morally justified when human rights violations are purposive, systematic, extensive, and preventing or ending them represents an emergency, because it aims to restore a genuine form of sovereignty, consistent with its moral rationale (the sovereignty-centered argument). Additional requirements deriving from this purpose further constrain the justifiability of humanitarian intervention.
Topic:
Human Rights
Political Geography:
United Nations

203. Multilateral cooperation and the prevention of nuclear terrorism: pragmatism over idealism

Author:
Wyn Q. Bowen, Matthew Cottee, and Christopher Hobbs
Publication Date:
03-2012
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
International concern over nuclear terrorism has increased steadily since 11 September 2001 (9/11), prompting a series of formal and informal policy initiatives designed, either specifically or partially, to enhance multilateral cooperation to prevent it. Key examples include the Global Initiative to Combat Nuclear Terrorism (GICNT), the G8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction (GP), United Nations Security Council Resolutions (UNSCR) 1373 and 1540, and the establishment of an Office of Nuclear Security at the International Atomic Energy Agency (IAEA). The politically most notable initiative so far has been President Barack Obama's Nuclear Security Summit (NSS) of April 2010, which raised international awareness of the nuclear terror threat and sought to strengthen preventive efforts in this area.
Political Geography:
United Nations

204. Review Article: The evolution of the responsibility to protect: at a crossroads?

Author:
Phil Orchard
Publication Date:
03-2012
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
Ten years have passed since the International Commission on Intervention and State Sovereignty (ICISS) unveiled the report which first introduced the language of the Responsibility to Protect (R2P), and six have passed since a modified version of the doctrine was endorsed by the member states of the United Nations in the World Summit Outcome Document. The introduction of the R2P doctrine has done two major things: it has reframed what had become an entrenched debate around the legality and legitimacy of humanitarian intervention; and it has provided an important focus for how the international community should respond. It has, Alex Bellamy argues, created 'a collection of shared expectations'.
Political Geography:
United Nations

205. Where Are The Vatican's Women Diplomats?

Author:
Maria St. Catherine De Grâce Sharpe
Publication Date:
03-2012
Content Type:
Journal Article
Journal:
The Diplomatic Courier
Institution:
The Diplomatic Courier
Abstract:
Lifting the veil on the Vatican's gender apartheidic all-male “Human Rights” diplomacy – the Holy See's “Human Rights” diplomacy from the perspective of the "First Lady of Vatican/Holy See Pontifical Ecclesiastical Diplomacy.”00
Topic:
Human Rights
Political Geography:
United Nations

206. What Works for Women: Proven approaches for empowering women smallholders and achieving food security

Publication Date:
03-2012
Content Type:
Working Paper
Institution:
Oxfam Publishing
Abstract:
What changes do we need to empower women smallholders and achieve food security? This question has been asked repeatedly over the past several decades, but transformative changes in both public policy and practice have been few and far between. According to the United Nations Food and Agriculture Organisation (FAO), closing the „gender gap‟ in agriculture –or increasing women‟s contribution to food production and enterprise by providing equal access to resources and opportunities –could reduce the number of hungry people in the world by 12-17 per cent, or by 100 to 150 million people.
Topic:
Security, Agriculture, Gender Issues, Food, and Famine
Political Geography:
United Nations

207. Indonesia's Democratic Politics and Foreign Policy-Making: A Case Study of Iranian Nuclear Issue, 2007 - 2008

Author:
Iisgindarsah
Publication Date:
04-2012
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
This paper studies the impact of domestic politics upon Indonesia's foreign policy-making. Serving as a non-permanent member of the United Nations Security Council from 2007 to 2008, Indonesia voted on two key resolutions concerning the Iranian nuclear issue. While approving international sanctions against Iran under UNSC Resolution No. 1747, the Indonesian government preferred to abstain from voting on Resolution No. 1803. This paper argues the country's changing response to the Iranian nuclear issue was a consequence of domestic opposition. The case study specifically identifies the interplay between majority Moslem population, religious mass organizations and political parties as key factors which weigh upon the “strategic calculus” behind Indonesia's foreign policy formulation. The paper will conclude while the executive still drives the country's foreign policy, the parliament and social-political groups have new powers to cajole and criticize the government into reversing or softening an established policy.
Topic:
Foreign Policy, Democratization, Islam, and Sectarianism
Political Geography:
Iran, Indonesia, and United Nations

208. Issues of Minority Rights in the Ethiopian Federation

Author:
Haileyesus Taye Chekole
Publication Date:
04-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
Ethiopia is an ancient country with a rich diversity of peoples and cultures. Paleontological studies identify Ethiopia as one of the cradles of humankind. ―Dinknesh or ―Lucy, one of the earliest and most complete hominoids discovered through archaeological excavations, dates back to 3.5 million years (Milkias, 2010). Ethiopia‟s geographical and historical factors have had a great influence on the distribution of its peoples and languages. Ethiopia embraces a complex variety of nations, nationalities and peoples, and linguistic groups. Altogether, its peoples speak more than 80 different languages, comprising 12 Semitic, 22 Cushitic, 18 Omotic and 18 Nilo-Saharan languages (Central Statistic Report, 2007). This makes Ethiopia a mosaic of languages and culture. The country has always maintained its independence, even during the colonial era in Africa. Ethiopia‟s membership in multilateral governmental organizations started as a member of the defunct League of Nations. Ethiopia was one of the founding members of the United Nations and has been playing an active role in African affairs. It specifically played a pioneering role in the formation of the Organization of African Unity (OAU). In fact, the capital city, Addis Ababa, has been a seat for the OAU since its establishment and continues serving as the seat for the African Union (AU) today.
Topic:
Human Rights, International Law, and Minorities
Political Geography:
Africa, United Nations, and Ethiopia

209. European Minority Rights Law: Unilateral Legislation in Favour of Kin-Minorities

Author:
Tove H. Malloy
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The international approach to unilateral legislation with extraterritorial reach is quite clear. General principles of customary international law entrust the state where national minorities reside with the task of securing the rights of all persons within its jurisdiction. Preferential treatment of national minorities by their kin-state is considered the exception unless it is established through bilateral treaties, or as a minimum agreed among the parties involved. The League of Nations system was the first European multilateral attempt to provide protection for minorities outside the mother state through bilateral treaties. After the collapse of the League of Nations system and the transfer of international protection of minorities to the United Nations system, bilateralism was not specifically promoted but nonetheless carried over as the main approach to kin-minority protection. This approach came under pressure after 1989 and the collapse of Communism when a number of countries adopted unilateral laws on kin-state minorities and compatriots living abroad. The bilateral approach received renewed attention, therefore, as part of the multilateral approach promoted by the international community after 1989.
Topic:
Human Rights, International Law, Governance, Sanctions, and Minorities
Political Geography:
Europe and United Nations

210. Police Primacy: The Challenges of Developing Host Nation Police Capacity on Stability Operations

Author:
James Wither and Thilo Schroeter
Publication Date:
05-2012
Content Type:
Working Paper
Institution:
George C. Marshall European Center for Security Studies
Abstract:
Stability operations are complex military-civilian interventions to address the security, economic, and governance issues that fuel disorder and violence in fragile and conflict-affected states. The United States Department of Defense has described stability operations as: various military missions, tasks, and activities conducted outside the United States in coordination with other instruments of national power to maintain or reestablish a safe and secure environment, provide essential governmental services, emergency infrastructure reconstruction, and humanitarian relief.
Topic:
Security, International Cooperation, International Organization, and Bilateral Relations
Political Geography:
Europe, Eurasia, United Nations, and North America