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361. Law as an Antidote? Assessing the Potential of International Health Law Based on the Ebola-Outbreak 2014

Author:
Robert Frau
Publication Date:
11-2016
Content Type:
Working Paper
Institution:
The Goettingen Journal of International Law
Abstract:
The Ebola-Outbreak of 2014 has put international health law in the limelight. This contribution assesses the measures taken by the international community with regard to the outbreak of 2014 with a special focus on the World Health Organization and the UN Security Council. International law provides different actors with means to cooperate in order to fight the outbreak. The list of actors does not include the UN Security Council, which has addressed the outbreak in one resolution under chapter VII without taking any effective legal remedies. In addition, the relevant human right to health has not been addressed by actors, creating leeway in further emergencies.
Topic:
International Cooperation, United Nations, World Health Organization, Ebola, Public Health, and Pandemic
Political Geography:
Global Focus

362. The EU Commission and the Fragmentation of International Law: Speaking European in a Foreign Land

Author:
Avidan Kent
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Abstract:
The debate on the fragmentation of International Law has been relatively dormant in recent years. However, recent events demonstrate not only that this debate should be re-awoken, but also that some key elements of this debate must be reconsidered. Notably, while the fragmentation of International Law has often been discussed from the perspective of courts and judges, this article examines the view and the impact of a different institutional actor – the Commission of the European Union. This contribution analyzes a series of amicus briefs that were submitted in a number of investment treaties-based cases. These briefs, which were recently disclosed to the author, reflect a certain radicalization of the European Court of Justice’s view concerning the place and the role of the EU’s legal system within the international legal order. This article discusses the problematic implications that the Commission’s approach may have on the international legal order, as well as possible future pathways.
Topic:
Environment, Human Rights, International Cooperation, International Law, European Union, and Trade
Political Geography:
Europe

363. The Use of Scholarship by the WTO Appellate Body

Author:
Sondre Torp Helmersen
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article examines the use of scholarship by the WTO Appellate Body. While it is not possible to say definitively how the Appellate Body views the legal status of scholarship in WTO dispute settlement, its use of scholarship will in practice determine its status. The article identifies three overall trends: the Appellate Body’s use of scholarship has declined, the Appellate Body uses scholarship mostly for matters of general international law (as opposed to WTO law), and the Appellate body has generally been careful in its use of scholarship. Possible explanations for these trends may include an increase in available precedents, the Appellate Body’s specialized role, criticism of the Appellate Body, and its members’ backgrounds.
Topic:
International Cooperation, International Law, International Trade and Finance, and World Trade Organization
Political Geography:
Global Focus

364. What Does New Momentum For UN Peace and Security Really Mean

Author:
Gustavo De Carvalho and Jonathan Rozen
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Global Peace Operations Review
Abstract:
A famous maxim of uncertain origin defines insanity as doing the same thing repeatedly, but expecting different results. In her opening statement at the United Nations (UN) High-Level Thematic Debate on Peace and Security, Nobel Peace laureate Leymah Gbowee used this definition to describe challenges faced by UN engagements in peace operations and peacebuilding. The 10-11 May meeting, called by the president of the UN General Assembly (UNGA) and themed In a world in risks: a new commitment for peace, provided a platform to reflect on current challenges to international peace and security. These focused, in particular, on responses to the 2015 reviews on peace operations, peacebuilding, and women, peace and security.
Topic:
Security, International Cooperation, United Nations, and Peace
Political Geography:
Global Focus

365. Demystifying Intelligence in UN Peace Operations: Toward An Organizational Doctrine

Author:
Alexandra Novosseloff
Publication Date:
07-2016
Content Type:
Working Paper
Institution:
Global Peace Operations Review
Abstract:
n a way, the title of our research paper “Demystifying Intelligence in UN Peace Operations: Toward an Organizational Doctrine”, speaks for itself. We all know that the UN secretariat has been walking on eggs with this issue of intelligence for years; doing it without saying it and without realizing it. But with peace operations involved in increasing complex and demanding situations and one senses that this “fog about intelligence” can no longer be sustainable. This report complements other earlier attempts to “demystify” that charged term of intelligence and to define what “intelligence” means in the UN context and its peace operations.
Topic:
Intelligence, International Cooperation, United Nations, and Peace
Political Geography:
Global Focus

366. The Challenges of Full Deployment of UN Peace Operations

Author:
Ryan Rappa
Publication Date:
09-2016
Content Type:
Working Paper
Institution:
Global Peace Operations Review
Abstract:
he UN has always had problems deploying its largest, infantry-heavy missions. The 2015 Leaders’ Summit on Peacekeeping and this week’s 2016 UN Peacekeeping Defence Ministerial in London are Member State driven initiatives to do better. Broader participation in contributing to missions is a key part of rapid deployment as well as reaching full strength. A Global Peace Operations Review analysis of data from UN peacekeeping operations over the last 25 years indicates that modern UN peacekeeping missions, on average, take just over ten months to reach their peak deployment. In Africa, where countries on the continent are often left to the take the lead, average time to deploy is worse -- almost twelve months to reach peak deployment. In fact, the average non-African mission in our analysis reached peak deployment in less than seven months, the fastest of any grouping.
Topic:
International Cooperation, United Nations, Peacekeeping, and Conflict
Political Geography:
Global Focus

367. Challenges for Human Rights Sections of UN Peace Operations

Author:
Alexis Guidotti
Publication Date:
12-2016
Content Type:
Working Paper
Institution:
Global Peace Operations Review
Abstract:
When António Guterres succeeds Ban Ki-moon as UN Secretary-General, many problems will be waiting for him, including challenges to the fundamental values underpinning UN peacekeeping. Uncooperative host governments and shifting conflict environments, including asymmetrical threats and violent extremism, are testing blue helmets on the ground. Recent adaptations of peacekeeping practice are also bringing into question the role of civilian components in UN peace operations, notably the human rights sections. The growing use of offensive mandates to quash negative forces and ensure protection of civilians has sometimes made the UN a party to the conflict and has cast doubt on the civilian staff’s protection under international humanitarian law. Recommendations by the High-level Independent Panel on Peace Operations (HIPPO) on the primacy of politics also bring into question the principles of impartiality and transparency that lie at the core of credible human rights monitoring. How can UN peace operations ensure robust protection of civilians and broker political solutions while maintaining a transparent and impartial human rights agenda? At its conception, peacekeeping was formed around three core tenets, often referred to as the ‘principles of peacekeeping’. These included the requirement of consent from the parties, impartiality and non-use of force, except in self-defense. For the most part, they have stood the test of time since Secretary-General Dag Hammarskjöld defined them while devising the UN Emergency Force (UNEF) in Suez in 1956. However, in recent years UN peacekeeping has departed from these principles as operational environments have become less permissive and in key theaters there has been less or little peace to keep. Consent has proven less reliable in conflict areas where governments or non-state armed groups deny access to peacekeepers, like in Sudan, South Sudan or Mali. Impartiality has become questionable for missions specifically deployed to support a host state Government, sometimes against non-state armed groups opposing national authorities. Since exceptions to the non-use of force principle include the defense of the mandate, as outlined by the Capstone Doctrine, and as mandates now prioritize the protection of civilians by all necessary means for most UN missions, peacekeepers are increasingly called upon to use force against potential perpetrators of violence. Current concepts of operations and rules of engagement have made it clear that blue helmets are authorized to use force to protect civilians from imminent threat of physical violence by any party. More generally, the posture of modern peace operations has adapted by the adoption of robust mandates. In some theatres, special military units with offensive directives were authorized, such as the Force Intervention Brigade (FIB) initially deployed in 2013 in eastern DRC to neutralize armed groups, or the soon-to-be-deployed Regional Protection Force in South Sudan, mandated to engage any actor preparing attacks.
Topic:
Human Rights, International Cooperation, United Nations, Peacekeeping, and Peace
Political Geography:
Africa, Mali, and South Sudan

368. Has UN Peacekeeping Become More Deadly

Author:
Marina Henke
Publication Date:
12-2016
Content Type:
Working Paper
Institution:
Global Peace Operations Review
Abstract:
any practitioners believe that peacekeeping has become an increasingly dangerous undertaking in recent years. My research paper “Has UN Peacekeeping Become More Deadly? Analyzing Trends in UN Fatalities”, tries to get at the heart of this question. It examines trends in fatalities using a new dataset compiled by the Department of Peacekeeping Operations (DPKO). The dataset accounts for monthly fatalities by type of fatality (accident, malicious act, illness, and other causes), nationality of the deceased as well as personnel type for each UN operation worldwide during the time period of 1948 - June 2015. To assess trends, the paper merges this monthly fatality data with monthly deployment data and calculates fatality ratios (i.e., fatalities rates relative to deployment levels) by national contingent, mission, and globally (i.e., all UN missions combined). This is a novelty. All previous studies have worked with yearly deployment averages. As a result, the analysis of fatality trends presented in this paper constitutes the most detailed study of this phenomenon thus far.
Topic:
International Cooperation, United Nations, Military Strategy, and Casualties
Political Geography:
Global Focus

369. Realism under Hegemony: Theorizing the Rise of Brazil

Author:
Kurt Weyland
Publication Date:
08-2016
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
What light can international relations theory shed on how developing countries such as Brazil have achieved regional leadership and international influence? This comprehensive examination of Brazili- an foreign policy over the last few decades argues that Realism provides a better account of Brazil’s strategy than Liberalism and Constructivism. Despite changes of government and regime, Brasília has persistently pursued relative political gain, especially international influence. Howev- er, because this rising country has faced an established hegemon in the form of the United States, it has not been able to employ conventionally Realist instruments and tactics. Its subordinate position in the current power constellation has forced Brazil to forego political or military con- frontation and instead use economic cooperation, both with the hegemon and its weaker neighbors. Through this collaboration, Brazil hopes to derive disproportionate benefits that will enhance its relative power. By elucidating these complex calculations, the present essay ex- plains the Realist strategy that ambitious nations such as Brazil have pursued and helps design a version of Realism that captures recent pow- er dynamics in the international system.
Topic:
Foreign Policy, International Cooperation, Hegemony, and Realism
Political Geography:
Brazil, South America, and Latin America

370. International cooperation on transboundary aquifers in South America and the Guarani Aquifer case

Author:
Pilar Carolina Villar
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
Revista Brasileira de Política Internacional (RBPI)
Institution:
Brazilian Center for International Relations (CEBRI)
Abstract:
International cooperation on groundwater takes many forms. The mobilization of different actors helps to promote cooperation initiatives in South America, where the most well known case is the Guarani Aquifer System (GAS). This article intends to analyze how international actors have motivated cooperation on transboundary aquifers and its repercussions in South America, especially in the case of the GAS.
Topic:
International Cooperation, Natural Resources, Water, Governance, and Aquifers
Political Geography:
South America