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51. How Russia, Step by Step, Wants to Regain an Imperial Role in the Global and European Security System

Author:
Zofia Studzinska
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Connections
Institution:
Partnership for Peace Consortium of Defense Academies and Security Studies Institutes
Abstract:
Russia has been an empire for centuries. After the fall of communism and the disintegration of the Soviet Union, many countries saw a chance to build a new world order and a new international and European security system. But for Moscow, the last 15 years were simply an aberration to be rectified rather than the new reality. Currently, we are witnessing the Russian Federation attempt to rebuild its sphere of influence and restore its borders to what they were during the time of the Cold War. The first sign of Russia testing this plan was the Russo-Georgian war in August 2008. After a poor reaction from the West, Moscow decided to pursue another confrontation, this time going much further, challenging the limits of the possible – the annexation of Crimea in March 2014 and the conflict in Eastern Ukraine, ongoing from April 2014. With the lack of a strong response from the Western countries, one can assume that Russia is on its way to rebuilding its imperial position and will continue to grasp for control of other territories.
Topic:
Imperialism, Military Strategy, Empire, and Foreign Interference
Political Geography:
Russia, Europe, Ukraine, and Eastern Europe

52. Kosovo 1999 and Crimea 2014: Similarities and Differences

Author:
Pál Dunay
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Connections
Institution:
Partnership for Peace Consortium of Defense Academies and Security Studies Institutes
Abstract:
Since the so-called Kosovo conflict of 1999 the views of states, including those of major players, have been divided as to whether it was a humanitarian intervention or the collective aggression of NATO member states. In 2014 the Russian Federation annexed Crimea and Sevastopol (formally separate entities) to its territory. Since then the argument has shifted and the current disagreement centers around how we should assess these two changes of territorial status quo (Kosovo and Crimea) in Europe. The situation is further complicated as states wish to present their actions as moral and legal (the general expectation is that they do so). This results in a situation where the dominant discourse is supposed to support the aspirations of states both in the east and in the west. The main effort of each party goes in countering the other’s position. It is difficult to get hold of a reliable set of facts, as these are presented selectively by the different parties. A further challenge arises in that different fields are not kept distinct from one another, and hence the legal and political analyses are often used interchangeably and with insufficient differentiation. This is aggravated by the fact that the so-called normative approach to international (and domestic) politics prevails in the analysis. Every state feels compelled to prove that it acts in full accordance with international norms, including legal rules and moral predicaments. However, any attempt to correctly analyze the change of the territorial status quo in the two cases mentioned above requires the contrary: keeping the different aspects strictly separate and only synthesizing the results in the conclusions. In this article I endeavor to keep the legal analysis separate from the political and moral assessment and wish to state in advance that they do not necessarily manifest in the same direction. Moreover, when the topic of analysis is as politically heavy-loaded as the change of territorial status quo in Europe, the international legal assessment must be disaggregated further. Namely, there is the positive international law as it exists, de lege lata, as adopted by the states or as it appears as jus cogens. There is also international law that does not exist, yet about which we speak as de lege ferenda with a view to its future evolution. Such differentiation will be particularly relevant in this case due to the swift evolution of norms in the area of humanitarian intervention relevant as point of reference in the case of Kosovo and the ambiguous content of the right to self-determination in the case of Crimea. International law has a further characteristic feature. Namely, its development cannot flexibly follow historical changes. This is particularly noticeable when major historical changes occur at a rapid pace. This was the case before and during World War II and more recently as the Cold War came to an end. The international system changed and international law in some areas did not follow. The gap between the international system and international law, where the latter forms part and parcel of the former, has widened. Furthermore, universal international law most often requires the consent of states in various regions of the world. This presents a challenge as states often profess different values and their value judgment serves different interests. It is the purpose of this article to present the legal situation that underlies the two cases, the position of the main actors, and attempt to draw separate conclusions as regards the assessment de lege lata and de lege ferenda.
Topic:
NATO, Imperialism, Conflict, and Armed Conflict
Political Geography:
Russia, Europe, Ukraine, Kosovo, and Crimea

53. State Formation, Liberal Reform and the Growth of International Organizations

Author:
Guy Fiti Sinclair
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article argues that the growth of international organizations over the past century has been imagined and carried out in order to make modern states on a broadly Western model. The proliferation of international organizations and the expansion of their legal powers, through both formal and informal means, raise profound questions regarding the relationship between international law’s reforming promise and its imperialist perils. The article proposes a new analytic framework for understanding these phenomena, focusing on the rationalities of international organizations’ powers and the technologies through which they are made operable. It argues that both the growth of international organizations and the cultural processes of state formation are impelled by a dynamic of liberal reform that is at once internal and external to law. That dynamic and the analytic framework proposed here are both illustrated and exemplified through a critical account of the emergence of international organizations in the 19th century.
Topic:
Imperialism, International Law, International Organization, History, and State Formation
Political Geography:
Europe and United Nations

54. Stephen Allen. The Chagos Islanders and International Law

Author:
Peter H. Sand
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
The tale of the Chagos Archipelago (British Indian Ocean Territory, BIOT) raises a wide spectrum of transnational legal questions, all across the fields of human rights, environment and disarmament. Last-born of the Empire’s colonies, the BIOT was established – and systematically depopulated – for the sole purpose of accommodating a strategic US military base during the Cold War years in 1965–1966. The territory has since generated extensive litigation in the national courts of the United Kingdom (UK) and the USA as well as proceedings in the European Court of Human Rights and an arbitration under Annex VII of the Convention on the Law of the Sea (UNCLOS). Stephen Allen, senior lecturer at the University of London’s Queen Mary College, has long followed and commented on legal developments in the Chagos cases as an observer. The focus of his attention remains the plight of the native Chagossians, a small Kreol-speaking people of African and Malgasy origin, whose exile (mainly to Mauritius, the Seychelles and the UK) has lasted for more than 40 years.
Topic:
Environment, Human Rights, Imperialism, International Law, History, Courts, Disarmament, and Displacement
Political Geography:
Britain, United States, Europe, and Chagos Islands

55. Michael Fakhri. Sugar and the Making of International Trade Law

Author:
Anna Chadwick
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Michael Fakhri in his book Sugar and the Making of International Law takes inspiration from Antony Anghie, a scholar who famously disrupted prevalent conceptions of public international law. Using sugar as a ‘trace element’, Fakhri follows Anghie’s lead in retracing the historical origins of international trade law in order to challenge pervasive perceptions about this legal regime. What he is keen to demonstrate is that free trade, like state sovereignty, is not something that international institutions are merely officiating. Rather, the meaning of this concept has shifted over time as it has been applied by different institutions and actors within the international legal order to differential effect. It has been both conditioned by, and received the conditioning of, broader political, economic and social forces. Critically, it is as much the product of international institutions governing trade as it is their purpose.
Topic:
Agriculture, Imperialism, International Law, International Trade and Finance, History, World Trade Organization, and Economy
Political Geography:
Britain, Europe, and Global Focus

56. Mark Toufayan, Emmanuelle Tourme-Jouannet, Hélène Ruiz Fabri (eds). Droit international et nouvelles approches sur le tiers-monde: entre répétition et renouveau [International Law and New Approaches to the Third World: Between Repetition and Renewal]

Author:
Makane Moïse Mbengue
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
The volume under review publishes the proceedings of a colloquium held at the University of Paris in July 2010. The aim of this colloquium was to fill a lacuna that characterizes the contemporary francophone international legal scholarship. Indeed, as noted by the editors in their foreword to the book, after a prolific period during the 1970s and 1980s, French and francophone scholars have gradually lost interest in Third World-related issues and ignored this topic in their research and teachings. This trend is regrettable and unfortunate because despite some progress and improvements, international relations are still marked by significant inequalities and disparities between rich and poor countries, while several regions of the world remain in a situation of extreme poverty. Therefore, there is an urgent need to renew and revive the reflection of French-speaking international lawyers on their discipline by inciting them to critically question the present existence and effects of the rules of international law relating to the Third World in the current globalized context. To achieve this goal, Mark Toufayan, Emmanuelle TourmeJouannet and Hélène Ruiz Fabri had the idea of bringing together, in Paris, francophone and anglophone scholars and prominent representatives of the critical Third World Approaches to International Law (TWAIL). TWAIL scholars were invited to expose their ideas and thoughts, and their French-speaking counterparts were asked to react and comment on these thoughts.
Topic:
Development, Human Rights, Imperialism, International Law, Post Colonialism, Third World, and History
Political Geography:
China, Europe, France, South Africa, and Chile

57. Soft Balancing in the Americas: Latin American Opposition to U.S. Intervention, 1898–1936

Author:
Max Paul Friedman and Tom Long
Publication Date:
08-2015
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
In the aftermath of the 2003 U.S.-led invasion of Iraq, scholars of international relations debated how to best characterize the rising tide of global opposition. The concept of “soft balancing” emerged as an influential, though contested, explanation of a new phenomenon in a unipolar world: states seeking to constrain the ability of the United States to deploy military force by using multinational organizations, international law, and coalition building. Soft balancing can also be observed in regional unipolar systems. Multinational archival research reveals how Argentina, Mexico, and other Latin American countries responded to expanding U.S. power and military assertiveness in the early twentieth century through coordinated diplomatic maneuvering that provides a strong example of soft balancing. Examination of this earlier case makes an empirical contribution to the emerging soft-balancing literature and suggests that soft balancing need not lead to hard balancing or open conflict.
Topic:
Foreign Policy, Imperialism, Post Colonialism, and Military Intervention
Political Geography:
United States, Argentina, Latin America, and Mexico