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11. On the Record

Author:
Mohammed ElBaradei
Publication Date:
02-2011
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
"For years, the West has bought Mr. Mubarak's demonization of the Muslim Brotherhood lock, stock and barrel, the idea that the only alternative here are these demons called the Muslim Brotherhood who are the equivalent of Al Qaeda's... I am pretty sure that any freely and fairly elected government in Egypt will be a moderate one, but America is really pushing Egypt and pushing the whole Arab world into radicalization with this inept policy of supporting repression."
Topic:
Civil Society, Democratization, and Human Rights
Political Geography:
United States, Iran, Israel, Arabia, Egypt, and Vienna

12. Strengthening the IAEA: How the Nuclear Watchdog Can Regain Its Bark

Author:
Gregory L. Schulte
Publication Date:
03-2010
Content Type:
Working Paper
Abstract:
The United States has a great interest in the success of the International Atomic Energy Agency (IAEA), given the important role it can play in reducing the risks of nuclear proliferation and nuclear terrorism. Stalled investigations of Iran and Syria have put the credibility of the IAEA at stake. The agency detected neither Iran’s hidden uranium enrichment facility near Qom nor the reactor being constructed by Syria near al Kibar. These examples underscore the importance of strengthening the agency’s verification capability, by both increasing its authority and sharing more information. The IAEA can also help shape the global growth of nuclear power, ensuring the highest levels of safety and security, while discouraging the spread of sensitive technologies that can be misused to build nuclear weapons. The IAEA Board of Governors’ recent decision to establish a nuclear fuel bank in Russia is a step in the right direction. Success requires a new “Spirit of Vienna”—a willingness of delegates to work toward consensus on even difficult topics—surrounding the agency’s important role in nonproliferation. It also requires a conscious effort by the new Director General to remove the politics from IAEA business and return the agency to its technical mandate.
Topic:
Security, Nuclear Weapons, Terrorism, and Weapons of Mass Destruction
Political Geography:
Russia, United States, Iran, Syria, and Vienna

13. A Call to Arms: Fundamental Dilemmas Confronting the Interpretation of Crimes in the Rome Statute of the International Criminal Court

Author:
Leena Grover
Publication Date:
08-2010
Content Type:
Journal Article
Abstract:
This article seeks to initiate a dialogue within international criminal law (ICL) on treaty interpretation. The state of the art is reviewed and three fundamental interpretive dilemmas are identified and analysed. In the author's view, these dilemmas need to be addressed before a method of interpretation for crimes in Articles 6, 7, and 8 of the Rome Statute of the International Criminal Court can be formulated and operationalized. The 'normative dilemma' highlights how the normative tensions underlying ICL might be perpetuated by the interpretive imperatives in Articles 21(3) and 22(2) of the Rome Statute. The 'interpretive aids dilemma' concerns the respective roles of the Elements of Crimes and custom as aids to interpreting crimes in the Rome Statute. The 'inter-temporal dilemma' pertains to whether these crimes are 'frozen' or are to be interpreted in light of relevant and applicable legal developments. Throughout, the aforementioned dilemmas are grafted onto Article 31 of the Vienna Convention on the Law of Treaties to illustrate that they are, at their core, universal problems of interpretation.
Topic:
International Law
Political Geography:
Vienna

14. Treaty Interpretation by the Inter-American Court of Human Rights: Expansionism at the Service of the Unity of International Law

Author:
Lucas Lixinski
Publication Date:
08-2010
Content Type:
Journal Article
Abstract:
The article examines the jurisprudence of the Inter-American Court of Human Rights in several areas of adjudication which initially did not fall under the instrument, such as environmental rights, international humanitarian law, and investors' rights. In all these areas, the Court has used instruments 'foreign' to the Inter-American system as a means to expand the content of rights in the American Convention. As a result, the umbrella of protection of this instrument, and the reach of the Court, is far greater than originally envisaged. After analysing the specific provision on interpretation of the American Convention on Human Rights as compared to the equivalent mechanisms in the Vienna Convention on the Law of Treaties, the article analyses several case studies of expansionism in the case law of the Court, asking throughout the analysis the question whether this helps the unity or the fragmentation of international law. The article argues that this exercise in expansionism, albeit imperfect, eventually contributes to the unity of international law. In this sense, this expansionism happens within controlled boundaries, and the use of external instruments is more of a validation of findings the Court could make based solely on the Inter-American instruments, rarely creating new rights.
Topic:
Human Rights and International Law
Political Geography:
America and Vienna

15. Too Little, Too Late? Nuclear Security and the Middle East

Author:
Simon Henderson, George Perkovich, and Gregory Schulte
Publication Date:
04-2010
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
A year ago in Prague, President Obama warned that nuclear terrorism poses "the most immediate and extreme threat to global security." Accordingly, he vowed to lead an international effort to "secure all vulnerable nuclear materials around the world in four years." The Nuclear Security Summit is intended to advance that goal
Topic:
Arms Control and Proliferation, Nuclear Weapons, Terrorism, and International Security
Political Geography:
United States, Washington, and Vienna

16. Unilateral Interpretation of Security Council Resolutions: UK Practice

Author:
Alexander Orakhelashvili
Publication Date:
12-2010
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Unilateral interpretation of UN Security Council resolutions takes place where, due to political considerations of the day, one or more States attempt construing the resolution in question as falling short of, or exceeding, the agreement between the Council's Member States that the resolution on its face suggests. Whether unilateral interpretation indeed takes place depends on what the content of the resolution actually is, which question in its turn depends on the use of transparent methods of interpretation applicable to resolutions. After examining the applicability of the 1969 Vienna Convention in this process, the article turns to four instances of unilateral interpretation from the UK practice, and to reactions to the attempts of unilateral interpretation. These four instances demonstrate that the consistent use of interpretation methods, coupled with the reaction by other States to that effect, can help maintaining the adherence to the resolution's meaning. Where the national or international courts are available as forums to challenge unilateral interpretation, they can further enhance the maintenance of proper meaning of these instruments.
Topic:
Security and United Nations
Political Geography:
United Kingdom and Vienna

17. Timor-Leste: No Time for Complacency

Publication Date:
02-2009
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
A year after the near-fatal shooting of President José Ramos-Horta, security in Timor-Leste is strikingly improved. Armed rebels are no longer at large. The atmosphere on the streets of Dili is far less tense. The government does not seem to be facing any serious political threat to its survival. It has, at least temporarily, been able to address several of the most pressing security threats, in large part by buying off those it sees as potential troublemakers. Nevertheless, the current period of calm is not cause for complacency. Security sector reform is lagging, the justice system is weak, the government shows signs of intolerance towards dissenting voices, and it has not got a grip on corruption. These problems, which have been at the root of the instability facing Timor-Leste since independence, must be tackled if the country is to escape the cycle of conflict.
Topic:
Conflict Resolution, Security, and Political Violence
Political Geography:
South Asia, Asia, and Vienna

18. The Legal Reasoning of ICSID Tribunals – An Empirical Analysis

Author:
Ole Kristian Fauchald
Publication Date:
04-2008
Content Type:
Journal Article
Abstract:
This empirical analysis of the use of interpretive arguments by ad hoc tribunals of the International Centre for the Settlement of Investment Disputes covers almost 100 cases decided during the past 10 years. The cases are analysed with a view to determining which arguments the tribunals use and how the arguments are used in light of Articles 31 and 32 of the Vienna Convention on the Law of Treaties. The analysis provides a basis for addressing the extent to which ICSID tribunals contribute to creating a predictable legal framework in which the interests of investors, states, and third parties are taken properly into account; the extent to which ICSID tribunals contribute to a coherent development of international investment law; and whether ICSID tribunals contribute to a 'fragmentation' of international law. Despite ICSID tribunals being ad hoc tribunals that solve legal disputes on the basis of heterogeneous legal sources, the article indicates that there is a tendency among ICSID tribunals to contribute to a homogeneous development of the methodology of international law. Nevertheless, the article concludes that ICSID tribunals could do significantly more to align their approaches to interpretive arguments with those of other international tribunals.
Topic:
Development and Law
Political Geography:
Vienna

19. Engaging India: Ambassador Ortwin Hennig's visit to Delhi and Mumbai

Author:
Sahiba Trivedi
Publication Date:
01-2007
Content Type:
Policy Brief
Institution:
EastWest Institute
Abstract:
Ambassador Ortwin Hennig is the Vice President and the Head of Conflict Prevention Program of the East West Institute at Brussels. His previous assignments include the Commissioner for Civilian Crisis Prevention, Conflict Resolution and Post-Conflict Peace Building in the German Government; diplomatic postings in Afghanistan, Russia, German Representation at the European Commission and the OSCE in Vienna. He has also served the Office of the German Federal President as a Foreign Policy Advisor. Ambassador Hennig is an alumnus of the NATO Defense College in Rome having specialized in arms control and security policy matters.
Topic:
Conflict Resolution, International Relations, and Development
Political Geography:
Afghanistan, Russia, India, Asia, Germany, and Vienna

20. From Neighbourhood to Integration Policy: Are there concrete alternatives to enlargement?

Author:
Eneko Landaburu
Publication Date:
03-2006
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies
Abstract:
The answer to the question posed in the subtitle is yes, indeed, there are concrete alternatives to enlargement. As there must be. Enlargement has been a key tool in projecting stability across our continent. But it is a reality that the EU cannot expand ad infinitum – everything has its limits. We must honour our present basic commitments, while strictly insisting on the criteria. One of these criteria is our own absorption capacity – it is clear that in some member states the pace and scale of enlargement is approaching the limits of what public opinion will accept. To overstretch, rather than consolidate, the Union would be detrimental not only for us but also our partners. These are all issues with which our leaders will struggle in Vienna in a few months time.
Topic:
International Relations, Security, and Development
Political Geography:
Europe and Vienna