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1491. New Great Powers and International Law in the 21st Century

Author:
Congyan Cai
Publication Date:
11-2013
Content Type:
Journal Article
Abstract:
Great Powers (GPs) have always been prominent in international relations. Their rise and fall often lead to structural transformations of international relations. In the past decade, the world has witnessed the rise of some New GPs (NGPs), which primarily consist of Brazil, Russia, India, China, and South Africa (BRICS). While the effect of the supremacy of the United States, an Old GP (OGPs), on international law has been examined extensively since 2000, international lawyers have hardly discussed how the rise of NGPs may shape and reshape international law. This article endeavours to examine the implications for such rise that stem from the rise of NGPs. In particular, as an 'insider' from an NGP, the author reviews the latest development in China's international legal policy and practice.
Topic:
International Relations and International Law
Political Geography:
Russia, United States, China, India, South Africa, and Brazil

1492. War by Contract: Human Rights, Humanitarian Law and Private Contractors

Author:
Rein Müllerson
Publication Date:
11-2013
Content Type:
Journal Article
Abstract:
Although the sub-title of the book indicates that the authors are not going to deal with all the legal issues arising in the context of a 'privatization' of warfare, the book, and not only the first chapter by Eugenio Cusumano on the policy prospects of regulating private military and security companies (PMSCs), throws its net wider than the title suggests. And rightly so. The privatization of warfare is a consequence and an element of the post-Cold War triumph of capitalism, and especially its neo-liberal advocates' tendency to privatize and deregulate all and everything. It is not by chance that PMSCs have mushroomed in the heartland of neoliberalism – the USA – faithfully followed by its Anglo-Saxon brethren on this side of the Atlantic. As the book specifies, in 2009 there were approximately 119,706 Department of Defense contractors in Iraq, compared with about 134,571 uniformed personnel. The authors accept the privatization of various functions of the state, including its 'monopoly of violence', to be almost inevitable. Nevertheless, they call for stronger and tighter regulation of the status and functions of PMSCs and control over their activities. They also show that though often new norms may be needed, in many cases existing laws, and their stricter and sometimes more creative application, may serve the purpose. The book concludes that 'many private military and security companies are operating in a “gray zone”, which is not defined at all, or at the very least not clearly defined, by international legal norms'.
Topic:
Human Rights and War
Political Geography:
United States and Iraq

1493. Protection and Realization of Indigenous Peoples' Land Rights at the National and International Level

Author:
Katja Göcke
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Today, it is generally recognized that the relationship to land forms the basis of an indigenous people's identity, and that indigenous peoples' cultures cannot be preserved without a certain degree of control over land and natural resources. In the course of colonization, however, indigenous peoples lost ownership and control over most of their ancestral lands, and from the end of the 19th century onwards the existence of inherent indigenous land rights, i.e. rights not derived from the colonial powers but rooted solely in the use and ownership of the land by indigenous peoples since time immemorial, had been completely denied. This began to change in the 1960s. Due to increased pressure by national courts and international institutions, state governments started to recognize the continued existence of inherent indigenous land rights and to develop different policies to protect them. This paper looks at how indigenous peoples' land rights are nowadays recognized and protected in the United States of America, Canada, Australia, and New Zealand, and whether the different national approaches are in accordance with international legal standards. It will be shown that none of the States subject to this study acts completely in accordance with its obligations under international law, but that nevertheless all States have some strong points regarding the realization and protection of indigenous land rights and can learn from each other's experiences.
Topic:
International Law
Political Geography:
United States, America, Canada, and Australia

1494. A Step Further on Traditional Peoples Human Rights: Unveiling the Key-Factor for the Protection of Communal Property

Author:
Giovana F. Teodoro and Ana Paula N.L. Garcia
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The purpose of this article is to provide a new perspective in relation to the protection of property rights of indigenous and non-indigenous peoples. Through an analysis based on the jurisprudence of the Inter-American Human Rights System, it is possible to identify the core elements that justify the special protection concerning traditional territories, leading to a rationality that revolves around the unique bond that traditional peoples establish with their land. By studying the recent evolution of the debate within the Inter-American Court of Human Rights, the article intends to shift the focus from formal and constricted ethnic classifications to the underlying cultural identity aspects of the relationship between a certain people and its own land. This change of perspective allows the consolidation of a singular idea of property rights towards traditional territories. Aimed not only at indigenous peoples, but also to any community that shows a distinguished and deep cultural tie to its land, this particular property right notion leads to a more comprehensive and consistent protection of indigenous and non-indigenous peoples' fundamental rights.
Topic:
International Law
Political Geography:
United States and America

1495. The persistence of the US-led alliances in the Asia-Pacific: an order insurance explanation

Author:
Jae Jeok Park
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
Alliance persistence in the face of the disappearance of mutual threat or the deterioration of mutual threat perceptions between allies comprises the major concern of this article. This article argues that an alliance (whose primary threat-centric rationale has significantly diminished, if not disappeared) persists if two conditions are met: (i) the alliance serves as an essential arrangement for pursuing an 'order insurance strategy' (which is termed in this article as 'alliance for order insurance') and (ii) the allies invest for such benefits with arrangements to ensure alliance preservation against challenges that arise as a result of alliance mismanagement (which is termed in this article as 'insurance for alliance'). To test this argument, this article evaluates the persistence of the United States-Australia alliance in the post-Cold War period. Also, to achieve some basis for falsification, it explores the discontinuation of the United States-New Zealand leg of ANZUS since the mid-1980s and the United States-Philippines alliance during most of the 1990s.
Topic:
Cold War
Political Geography:
United States, Asia, Australia, and New Zealand

1496. Australia's embrace of the 'Indo-Pacific': new term, new region, new strategy?

Author:
David Scott
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
This article argues that the 'Indo-Pacific' has become an increasingly influential term during the last few years within Australian strategic debate. Consequently, the article looks at how the concept of the 'Indo- Pacific' as a region is impacting on Australia's strategic discussions about regional identity, regional role, and foreign policy practices. The term has a strategic logic for Australia in shaping its military strategy and strategic partnerships. Here, the article finds that Australian usage of the term operates as an accurate description of an evolving 'region' to conduct strategy within, but also operates quite frequently (though not inevitably or inherently) as a more contested basis for China-balancing. The article looks closely at four themes: the Indo-Pacific as a term, the rhetoric (strategic debate) in Australia surrounding the Indo-Pacific term, the Indo-Pacific policy formulations by Australia, and the developing Indo-Pacific nature of bilateral and trilateral linkages between Australia, India, and the United States.
Topic:
Foreign Policy and Military Strategy
Political Geography:
United States, China, India, and Australia

1497. Japan's strategic pivot south: diversifying the dual hedge

Author:
Corey J. Wallace
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
Tensions between Japan and its neighbors pose a significant problem for the viability of Japan's strategic 'dual hedge' between China and the United States. Japan's response has been to embrace renewed US commitment to the region while initiating comprehensive strategic partnerships in military, economic, and political spheres with nations 'south' of its traditional domain of strategic interest. Strengthened relationships with Southeast Asian nations, India, and Australia may turn out to be crucial for Japan as it will enable Japan to manage its security affairs without having to depart from its long-cultivated maritime security policy, and will enable Japan to continue to pursue a neo-mercantilist economic policy while also supporting the socioeconomic development of other regional players essential for future multipolar balance. Japan's diplomatic activities provide a useful 'strategic contrast' with China that will likely ensure Japan is accepted in the region. Japan's strategic pivot is also domestically sustainable and, therefore, deserves scholarly attention.
Topic:
Economics
Political Geography:
United States, Japan, China, India, Asia, and Australia

1498. The Right Steps to ROK Defense Reform: How to Overcome Constraints

Author:
Bruce Klingner
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
Shaken by North Korea's two deadly attacks in 2010, the Lee Myungbak Administration recalibrated ongoing defense reform plans to enable South Korea's military to protect the country more effectively. President Lee's Defense Reform 307 plan sought to redress many of South Korea's security shortcomings, but Seoul remained hampered by demographic and fiscal constraints. Indeed, questions remained as to whether the government would fully fund South Korea's defense needs, defense budget shortfalls having delayed previous reform efforts. However, South Korea does not bear its security burden alone and its alliance with the United States will continue to play an irreplaceable role in maintaining peace and stability throughout East Asia. Washington should therefore continue to ensure South Korea's security through robust U.S. military deployments in the Pacifica and with an extended deterrence guarantee. While North Korean threats will remain the paramount focus of the U.S.-South Korean alliance, neither country should lose sight of the benefits of Seoul's "going global" with its political, economic, and military capabilities.
Topic:
International Relations
Political Geography:
United States and Korea

1499. The Impact of the U.S.-Korea Free Trade Agreement On Both Economies

Author:
Yoon-Shik Park
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
Four and a half years after the agreement between the U.S and Korean governments, the U.S.-Korea Free Trade Agreement (KORUS FTA or KORUS) was finally approved by both the U.S. Congress and the Korean Parliament in late 2011 and has been in effect since March 15, 2012. KORUS is the most important free trade agreement for the U.S. since the North American Free Trade Agreement (NAFTA) that came into force in 1994. Korea has become an important trade partner of the United States, for which Korea is the 7th largest trading partner, 5th largest export market for agricultural products, 2nd largest market for U.S. services in Asia, and 10th largest market for information technology products. The total U.S.-Korea trade volume tripled over just two decades between 1990 and 2011. However, the relative importance of two countries' bilateral trade has declined in recent decades. This trendline decline is expected to be reversed in the coming years because of the KORUS. Several studies have been conducted to estimate the potential effects of KORUS. The U.S. International Trade Commission (ITC) study in 2007 estimated that U.S. GDP would increase by $10 to $12 billion (about 0.1%) and U.S. exports would rise by $9.7 billion to $10.9 billion, if KORUS were fully implemented. A University of Michigan study, commissioned by the Korea Economic Institute, estimated that U.S. GDP would increase by $25 billion (0.14% of GDP). This estimate was larger than the US ITC result, in part because the study included the effects of liberalization in services trade. The Korea Institute for International Economic Policy (KIEP) estimated the potential economic impact of KORUS on Korea's economy. The study concluded that KORUS would lead to an increase of 0.42% to 0.59% in Korean GDP according to a static analysis and 1.99% to 2.27% according to a dynamic analysis. A study by the U.S. Chamber of Commerce in 2009 found that America would suffer a net loss of more than 345,000 jobs, $35 billion in lost export sales and U.S. GDP failing to grow by $40 billion, if KORUS were NOT implemented while the European Union and Canada moved forward to implement FTAs with Korea.
Topic:
Economics
Political Geography:
United States and Korea

1500. Before the Cut: The Global Politics of the F-35 Joint Strike Fighter

Author:
Srdjan Vucetic
Publication Date:
06-2013
Content Type:
Working Paper
Institution:
Centre for International Peace and Security Studies
Abstract:
The F-35 Joint Strike Fighter is a high-calibre international collaboration project that figures in many debates on the emerging structure of international politics. How and why did the U.S. government and the U.S. defence industry enter into a set of international partnerships to develop this weapon system? Conversely, how and why did the partner nations become partners, and what influence, if any, have they had on the program so far? And how have participating governments dealt with the mounting controversies surrounding the new fighter jet? In principle, collaboration projects not only cement alliance ties, but also help offset development costs and increase exports, thus lowering unit costs overall. In reality, the F-35 has so far been a boondoggle. Highly asymmetric by design, the JSF project has proven particularly challenging to partners, especially now that the program's cost overruns, delays, and performance shortfalls have become a regular news item in the mainstream media. A review of ongoing F-35 debates across partner countries suggest that evaluations based on “high politics” considerations implicating the costs and benefits of the U.S. alliance trail well behind those concerning technical issues such as cost overruns, work shares, and transfers of technology. The F-35 is a political hot potato for all participating governments, but in the absence of a fatal cut to the program made in Washington D.C., outright defections are unlikely at this stage.
Topic:
Security, Defense Policy, Arms Control and Proliferation, and International Affairs
Political Geography:
United States and Washington