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1241. Double Remedies in Double Courts

Author:
Sungjoon Cho and Thomas H. Lee
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article uses an ongoing trade controversy litigated in US courts and the World Trade Organization dispute resolution system as a vehicle for exploring different models to deal with parallel adjudications in different legal systems between the same or related parties on the same issue. In lieu of more traditional models of subordination or first-to-decide sequencing, the article proposes an engagement model as a solution to the double-courts, single-issue problem.
Topic:
International Law, International Trade and Finance, World Trade Organization, and Courts
Political Geography:
China, Europe, and United States of America

1242. Surabhi Ranganathan. Strategically Created Treaty Conflicts and the Politics of International Law

Author:
Sabrina Safrin
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
Treaty conflicts may be inevitable, but what do we make of conflict by design? In Strategically Created Treaty Conflicts and the Politics of International Law, Surabhi Ranganathan thoughtfully explores nations’ purposeful creation of conflicts between treaties to advance their political goals and to restrict the impact of treaties to which they object. Essentially, states fight legal fire with legal fire. If they object to a multilateral treaty regime, they create another regime that effectively conflicts with, or cabins, the treaty regime that they object to rather than simply walking away.
Topic:
International Law, Treaties and Agreements, Book Review, and Law of the Sea
Political Geography:
Europe and United States of America

1243. M. Sornarajah. Resistance and Change in the International Law on Foreign Investment

Author:
Harm Schepel
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
In 1994, Muthucumaraswamy Sornarajah published the first edition of his treatise, The International Law on Foreign Investment. There, he sought to demonstrate that investment law as a separate branch of international law was ‘in the process of development’ and could and should be isolated for separate study. Organizing his material from the disparate sources of domestic law, contract-based arbitration and public international law along the overarching tension between the interests of developing countries and those of traditionally capital-exporting states, his stated aim was to ‘help in the identification of the nature of the disputes’, which would lead, in turn, to the ‘formulation of acceptable solutions’. The treatise was a well-timed pioneering effort that rightfully earned the author a lasting reputation as one of the founding fathers and towering figures of the academic discipline. There seems to be no one better placed, then, to ask, 20 years on, what happened or, rather, what went wrong. Investment law has developed with breathtaking speed into a (very) separate branch of international law – yes – but almost entirely on the waves of treaty-based investor–state arbitration, which has all but eclipsed contractual and domestic processes, at least in terms of academic interest. And this system has, in the eyes of Sornarajah and many others, rather spectacularly failed to lead to ‘acceptable solutions’, especially for developing countries.
Topic:
International Law, Treaties and Agreements, Foreign Direct Investment, Neoliberalism, and Book Review
Political Geography:
Europe and United States of America

1244. Amérique latine - L’année politique 2015

Author:
Maya Collombon, Hélène Combes, Olivier Dabène, Gaspard Estrada, Marie-Laure Geoffray, Ana Carolina González Espinosa, Erica Guevara, Damien Larrouqué, Marilde Loiola de Menezes, Frédéric Louault, Frédéric Massé, Mohcine Mounjid, Eduardo Rios, and Darío Rodriguez
Publication Date:
12-2015
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
Amérique latine - L’Année politique is a publication by CERI-Sciences Po’s Political Observatory of Latin America and the Caribbean (OPALC). The study extends the work presented on the Observatory’s website (www.sciencespo.fr/opalc) by offering tools for understanding a continent that is in the grip of deep transformations.
Topic:
Political Violence, Economics, Regional Cooperation, Bilateral Relations, Sociology, and Elections
Political Geography:
Brazil, Argentina, Colombia, Cuba, Arab Countries, Latin America, Nicaragua, Caribbean, Venezuela, Mexico, and United States of America

1245. Une puissance parmi d'autres : évolution des enjeux et défis géostratégiques de la France en Océanie (One Among Many: Changing Geostrategic Interests and Challenges for France in the South Pacific)

Author:
Denise Fisher
Publication Date:
12-2015
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
France, which is both an external and resident South Pacific power by virtue of its possessions there, pursues, or simply inherits, multiple strategic benefits. But the strategic context has changed in recent years. China's increased presence; consequent changes in the engagement of the US, Japan and Taiwan; and the involvement of other players in the global search for resources, means that France is one of many more with influence and interests in a region considered by some as a backwater. These shifts in a way heighten the value of France's strategic returns, while impacting on France's capacity to exert influence and pursue its own objectives in the region. At the same time, France is dealing with demands for greater autonomy and even independence from its two most valuable overseas possessions on which its influence is based, New Caledonia and French Polynesia. How it responds to these demands will directly shape the nature of its future regional presence, which is a strategic asset.
Topic:
Political Economy, Natural Resources, Colonialism, Political Science, and Decolonization
Political Geography:
Japan, China, Taiwan, France, Australia, Australia/Pacific, and United States of America

1246. Cuba and its Exile: Political Generations

Author:
Silvia Pedraza
Publication Date:
12-2015
Content Type:
Video
Institution:
Clarke Forum for Contemporary Issues
Abstract:
Using the concept of political generations, Pedraza traces the evolution of the Cuban exile, mostly in Miami, and the Cuban revolution, in the island. Political generations refers to young people that in their transition from adolescence to adulthood experienced dramatic historical events that marked their consciousness. Pedraza identifies several major political generations that developed during the course of the Cuban revolution and its exile.
Topic:
Migration, History, Diaspora, Sociology, Immigrants, and Memory
Political Geography:
Cuba, Latin America, Caribbean, North America, and United States of America

1247. New Trends in Sino-Pak Defence and Strategic Relations since 9/11: Indian Concern

Author:
Zahid Ali Khan and Shabir Ahmad
Publication Date:
07-2015
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Pakistan relations with China remain a cornerstone of Pakistan’s foreign Policy. Their common views, perceptions, approaches, and policies at the regional and global level made them a durable friends, allies and partners. Their hostility towards India, their support each other in wars against India, and the conclusion of different agreements further strengthened their bilateral mutual relations between these two countries. And above all, China’s moral, diplomatic, political, financial, and military support since 1971 proved a great source of consolation and encouragement to Pakistan in the difficult hours. In the changing global scenario since 9/11, witnessed drastic improvement in Sino-Pak military and strategic relations. Exchange of visits by high leaderships and other dignitaries, their growing coordination in Indian Ocean, Arabian Sea, Persian Gulf and Gwadar, the signing of naval and military agreements, their missiles and nuclear cooperation, provided both the countries with opportunity to counterweight India’s growing hegemony and supremacy. On her part, India is trying its best to frustrate the growing Sino- Pak Defence nexus by using a variety of tactics in order to protect and safeguard her interest in the region.
Topic:
Defense Policy, Regional Cooperation, Treaties and Agreements, Military Strategy, Weapons, Alliance, Oceans and Seas, and 9/11
Political Geography:
Pakistan, China, South Asia, India, Asia, and United States of America

1248. Harvard Journal of Middle Eastern Politics and Policy: Spring 2015

Author:
Jennifer Rowland, Nada Zohdy, Brian Katulis, Michael Wahid Hanna, Faysal Itani, Muhammad Y. Idris, Joelle Thomas, Tamirace Fakhoury, Farouk El-Baz, Kheireddine Bekkai, Amira Maaty, and Sarah McKnight
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
Our Spring 2015 volume captures the troubling developments of the past year in the Middle East and North Africa. In 2014, the Syrian conflict that has so beguiled the international community spilled over into Iraq, with the swift and shocking rise of the Islamic State in Iraq and al-Sham (ISIS). ISIS is causing the ever-complex alliances in the region to shift in peculiar ways. In Iraq, US airstrikes provide cover for Iranian-backed militias fighting ISIS; while in Yemen, the United States supports a Saudi intervention against a different Iranianbacked armed group that has taken control of the Yemeni capital. Meanwhile, simmering political disputes in Libya escalated into a full-blown civil war, sparking concern in neighboring Egypt, where the old authoritarian order remains in control despite the country’s popular revolution. The Gulf countries contemplate their responses to record-low oil prices, continuing negotiations between the United States and Iran, and the threat of ISIS. And Tunisia remains one of the region’s only bright spots. In November, Tunisians voted in the country’s first free and fair presidential elections. This year’s Journal brings new analysis to many of these complex events and broader regional trends. We begin with the positive: an exclusive interview with former Tunisian Prime Minister Mehdi Jomaa. In this year’s feature articles: Brian Katulis zooms out to assess the Obama administration’s record in the Middle East over the past six years; Michael Wahid Hanna refutes the notion that the Iraqi and Syrian borders will need to be redrawn as a result of ISIS’ takeover; and Faysal Itani analyzes the US coalition’s strategy to defeat ISIS, arguing that it cannot succeed without empowering Sunni civilians. Muhammed Idris and Joelle Thomas turn to economics in an assessment of the United Arab Emirates’ efforts to go green. Tamirace Fakhoury points out a blind spot in the study of the Middle East and North Africa: how large diaspora communities affect political dynamics in their home countries. Farouk El-Baz takes us to Egypt, where he proposes a grand economic plan to pull the country out of poverty and set it on a path toward longterm growth. From Egypt, we move west to the oft-neglected country of Algeria, where Kheireddine Bekkai argues for more inclusive education policies on national identity. Finally, Amira Maaty comments on the region’s desperate need for robust civil societies, while Sarah McKnight calls for improvements in Jordan’s water policies.
Topic:
Security, Civil Society, Development, Environment, Migration, History, Natural Resources, Social Movement, Islamic State, Economy, Political stability, Arab Spring, Military Intervention, Identities, and Diversification
Political Geography:
Middle East, Algeria, North Africa, Syria, Egypt, Jordan, Tunisia, United Arab Emirates, and United States of America

1249. General Principles Regarding the Legal Validity of RUD

Author:
Eric Chung
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This paper examines the legal validity of reservations, understandings, and declarations (RUDs) in both U.S. and international courts. The analysis is based on 46 U.S. cases discussing RUDs as a general category and 26 U.S. cases discussing interpretative understandings and declarations, out of approximately 650 reviewed cases. The analysis is also based on 13 cases from international courts out of approximately 300 reviewed cases, including cases from the International Court of Justice (ICJ), the United Nations Convention on the Law of the Sea (UNCLOS) tribunal and arbitral bodies, the European Court of Human Rights, and the Inter- American Court of Human Rights. In the U.S. cases, RUDs are nearly always recognized as valid. For example, non-self- execution reservations in the Convention Against Torture (CAT) and the International Covenant on Civil and Political Rights (ICCPR) are usually treated as legally controlling. The same is true for the reservation to the ICCPR that reserves the right to use capital punishment on juveniles despite treaty prohibitions, as well as interpretative understandings and declarations defining specific terms used in the CAT. U.S. courts have only questioned the validity of RUDs when they were not properly communicated to other state parties, did not support a contrary interpretation, or focused on issues of wholly domestic concern (although the only case on this point was vacated and is not precedential). In addition, individual circuit judges, writing in dissent, have examined whether RUDs violate the separation of powers principle or are inconsistent with the treaty language and international law. With few exceptions, international courts also usually defer to RUDs. The ICJ has indicated that it can invalidate a reservation as incompatible with the object and purpose of a treaty pursuant to Article 19 of the Vienna Convention on the Law of the Treaties. Yet the ICJ has only invalidated a RUD when it determined that a reservation was in fact an interpretative declaration (as opposed to a reservation modifying the state’s legal obligations under the treaty). This has been particularly important in cases where the treaty in question prohibits reservations, such as the UNCLOS. Rules stipulated by a treaty also shape how other courts review RUDs. The European Court of Human Rights, for instance, applies treaty rules to invalidate RUDs that are of a general character or fail to include a statement of the law concerned. Following a number of practices can reduce a RUD’s vulnerability to invalidation in U.S. and international courts. For U.S. courts, a RUD is extremely unlikely to be questioned if it is documented clearly at the time of ratification and communicated to all treaty parties at the time of ratification. For international courts, a RUD is unlikely to be questioned if, in addition to the above factors, it is not counter to the “object and purpose” of a treaty, it is not objected to by other parties, and it is not a reservation masquerading as an interpretive declaration in a situation where reservations are prohibited by the relevant treaty.
Topic:
Human Rights, Law, Legal Theory, and Courts
Political Geography:
United States of America and North America

1250. The Applicability of International and Domestic Immigration Law to Relocated Guantanamo Detainees

Author:
Sarah Weiner
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The physical relocation of detainees from Guantanamo to the United States would not meaningfully alter U.S. obligations under domestic immigration law or international law concerning refoulement. Domestic immigration law would not affect U.S. authority to bring aliens into the United States and to detain those aliens under the laws of war. Detainees would not enter the United States as immigrants, but rather would remain legally “at the border” during their detention. If a detainee secures his release from law-of-war detention, then the United States would be prohibited from transferring the former detainee to a country where there are substantial grounds for believing that he would be in danger of being subjected to torture. This obligation applies equally to detainees held at Guantanamo and in the United States. If the United States could not find a suitable country to accept the former detainee, then the United States may have the authority to hold the alien indefinitely in immigration detention, provided that his custody meets statutory requirements. This authority is constitutionally untested and potentially inconsistent with obligations under international law, but these concerns would apply equally to both Guantanamo- and U.S.-located former detainees.
Topic:
Law, Prisons/Penal Systems, War on Terror, and Detention
Political Geography:
North America, United States of America, and Guantanamo