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231. The Status and Future of International Law after the Libya Intervention

Author:
Pierre Thielbörger
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article uses the case of the Libya intervention to address three general claims about international law. Firstly, it examines whether the reliance of the intervention on the mechanisms of collective security under the UN Charter suggests that international law relating to peace and security has finally overcome its post-9/11 crisis. It concludes that the resolution's vague wording – which makes the distinction between what is “legal” under the resolution, and what is not, hard to draw – undermines such an assumption. Secondly, it explores whether the Libya intervention has put new emphasis on what has been termed the “emerging right of democratic governance”. In spite of the underlying democracy-enhancing spirit of the execution of the intervention, Resolution 1973 was exclusively written in the language of human rights. It did little to indicate a changed attitude of States towards a norm of democratic governance. Finally, the article examines whether the case of Libya shows a renewed international attitude towards States which violate the most fundamental human rights of their citizens. The article concludes by suggesting that, in this third respect, a more muscular liberalism is indeed on the rise again in international law, challenging the formerly almighty concept of State sovereignty. In contributing to this subtle transformation, the Libyan case has made a genuine contribution to the development of the international legal order.
Topic:
Security, Human Rights, and International Law
Political Geography:
America, Libya, and United Nations

232. Sovereign Debt Crises as Threats to the Peace: Restructuring under Chapter VII of the UN Charter?

Author:
Matthias Goldmann
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Sovereign debt crises might significantly decrease the level of socioeconomic rights enjoyment for the population in the affected state. According to recent data, they even increase the risk of civil unrest. However, the resolution of sovereign debt crises is compromised by legal obstacles which result from the absence of a statutory, obligatory bankruptcy procedure for states. On the one hand, creditors might refuse to accept an exchange of their debt instrument in the frame of a workout and choose to litigate against the state. On the other hand, states might worsen their situation by unnecessarily delaying inevitable workouts. This article explores whether and to what extent the powers UN Security Council could be deployed in order to mitigate these problems. This requires a reconsideration of the concept of peace in Article 39 UN Charter. The article concludes that, at the request of the International Monetary Fund (IMF), the Security Council might put a stay on the enforcement of creditors' claims or order workout negotiations.
Topic:
Security, International Law, War, and International Monetary Fund
Political Geography:
Germany and United Nations

233. Kosovo's Chances of UN Membership: A Prognosis

Author:
David Ighojohwegba Efevwerhan
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The International Court of Justice has ruled that Kosovo.'s unilateral declaration of independence neither violated general rule of international law nor the lex specialis. As of the time of writing, 86 UN Member States have recognized Kosovo as a State. With the judicial pronouncement in their favour, the authorities in Kosovo are likely to apply for membership in the United Nations. This paper reviews the rules and practice of UN membership admission and assesses Kosovo.'s chances of success should it apply to the world body for admission. It argues that ordinarily, Kosovo meets the requirements for admission into the UN but political considerations of the permanent members of the Security Council would constitute a clog in Kosovo.'s ambition to become the 194th member of the United Nations. However, four options are proffered as ways out of the political logjam that is sure to surface if and when, Kosovo puts in an application for admission into the membership of the UN.
Topic:
Security and International Law
Political Geography:
Kosovo and United Nations

234. Syria: What China Has Learned From its Libya Experience

Author:
Yun Sun
Publication Date:
02-2012
Content Type:
Policy Brief
Institution:
East-West Center
Abstract:
China's joint veto along with Russia of the UN Security Council Resolution (UNSCR) on Syria has provoked fierce international criticism. Labeled as “responsible for Syria's genocide,” Beijing's international image has struck a new low. China's decision to cast the unpopular vote was apparently well thought-out, as evidenced by its consistent diplomatic rhetoric and actions, both before and after the veto. However, in analyzing China's motivation, many analysts seemed to have missed an important point. That is, China's experience concerning Libya in 2011 had a direct impact on its actions regarding Syria this time around.
Topic:
International Relations, Foreign Policy, Insurgency, and Popular Revolt
Political Geography:
China, Middle East, Arabia, United Nations, and Syria

235. Maritime Security Sector Reform

Author:
John F. Sandoz
Publication Date:
05-2012
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Maritime security sector reform (MSSR) is a component of security sector reform (SSR). SSR is the complex task of transforming the institutions and organizations that deal directly with security threats to the state and its citizens. MSSR applies the same concepts to the maritime domain. It consists of comprehensive actions taken by littoral countries and a range of partners to improve the security, safety, and economic viability of maritime spaces by improving governance, infrastructure, and law enforcement capacity, creating a broader approach to SSR on the global stage. The globally connected economy relies on the oceans and adjoining littorals for fishing, access to natural resources, and the movement of much of the world's commerce. Effective governance of maritime spaces has become essential for both economic growth and regional security. Continued population growth in the coastal regions, or littorals, strains the maritime infrastructure and the capacity to govern, resulting in unmet security challenges from competing countries, transnational criminal organizations, and insurgent and terrorist groups that exploit instability in the maritime domain. MSSR may be undertaken to strengthen existing maritime governance, respond to specific instability or threats, or restore governance following conflict or natural disasters. MSSR involves a whole-of-government process to identify and address specific problems through collaborative approaches that coordinate the contributions of internal and external organizations. The MSSR process begins with a multidisciplinary assessment, ideally performed by representatives from private and public institutions. It must take into account a country's history, culture, and the aspirations of its citizens and government. MSSR is not the imposition of external organizations, plans, or processes. The U.S. government's role in MSSR, while often significant, must be closely coordinated with efforts by the United Nations, donor nations, nongovernmental organizations (NGOs), and the private sector. Achieving this level of coordination may be the most challenging aspect of successful MSSR.
Topic:
Security, International Trade and Finance, Terrorism, Weapons of Mass Destruction, and Maritime Commerce
Political Geography:
United States and United Nations

236. Global Warming's Unfinished Debate: The Post-Kyoto (2008-2012) Era

Author:
Cheryl Rita Kaur
Publication Date:
03-2012
Content Type:
Policy Brief
Institution:
Maritime Institute of Malaysia
Abstract:
The Copenhagen Climate Summit in 2009 was aimed at building on an international agreement through a new environmental accord for the post-Kyoto period (2008-2012), including new targets for greenhouse gas emissions. Although various options have been suggested since then, no definite agreement has yet been achieved. The recent United Nations Climate Change Conference in Durban, South Africa further negotiated the implementation of the Convention visa- vis the Kyoto Protocol, the Bali Action Plan, and the Cancun Agreements. The main outcome included the decision to adopt a universal legal agreement on climate change as soon as possible and no later than 2015. This commentary looks at the strengths and problems faced with the Protocol and what will constitute a fair differentiation of commitments among countries to address the issue more effectively post-Kyoto.
Topic:
Climate Change, Environment, International Trade and Finance, Treaties and Agreements, and Maritime Commerce
Political Geography:
New Delhi and United Nations

237. International Organization and Poverty Alleviation

Author:
William Felice and Diana Fuguitt
Publication Date:
07-2012
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
Under the leadership of former U.N. Secretary-General Kofi Annan, and former High Commissioner of Human Rights Mary Robinson, efforts were made to mainstream human rights throughout the entire U.N. system. Annan appealed to all U.N. specialized agencies and affiliated organizations to consider how their work was linked to the corpus of internationally recognized human rights in international law. In one of his last acts as Secretary-General, Annan called for basing new reforms at the U.N. on three notions of freedom: freedom from want, freedom from fear, and freedom to live a life with dignity (Annan 2005).
Topic:
Human Rights
Political Geography:
United Nations

238. Introduction

Author:
Bernice Lee and Robert Falkner
Publication Date:
05-2012
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
Environmental threats are bringing new geopolitical, economic and technological challenges to an already unstable world. We are entering a period of intensified environmental stress, in the form of accelerated ecological degradation and greater risk of shortage and disruption in energy and food supplies, as well as heightened political tensions over control of and access to resources. Current trends call into question the effectiveness of existing governance mechanisms at various levels in dealing with global environmental threats and the unequal distribution of resources.
Topic:
Disaster Relief
Political Geography:
United Nations

239. Global environmentalism and the greening of international society

Author:
Robert Falkner
Publication Date:
05-2012
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
A hundred years separate the first International Congress for the Protection of Nature in Paris (1909) and the United Nations climate summit in Copenhagen (2009). Both international conferences mark important stages on the long road towards a greener international system. Both witnessed a clash between the idealistic ambitions of environmentalists and the harsh reality of international diplomacy. Both have been described as failures. As world leaders gather in June 2012 at the UN Conference on Sustainable Development (UNCSD) in Rio de Janeiro, held 20 years after the Rio 'Earth Summit', many observers will no doubt conclude that, despite a century of global environmental rhetoric, green norms continue to be flouted by the Great Powers. Species extinction, deforestation and the destruction of ecosystems continue unabated, while the unmitigated global warming trend threatens global climate stability.
Political Geography:
United Nations

240. Institutional diffusion in international environmental affairs

Author:
Alexander Ovodenko and Robert O Keohane
Publication Date:
05-2012
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
Political institutions are established because organized groups of people seek to achieve certain purposes that can be realized only by creating new institutions or modifying old ones. International institutions reduce transaction costs and uncertainty for governments in their future interactions within a specific issue-area. Once bargaining problems have been overcome, institutions can help to facilitate mutually beneficial cooperation among governments. However, it is rare that only one institutional design could perform these functions in a satisfactory way. So there is scope for choice.
Topic:
Government
Political Geography:
United Nations