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411. Interrogations of Consent: A Reply to Erika de Wet

Author:
Dino Kritsiotis
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article presents a critical engagement with the issue of force and intervention undertaken with the consent of the state in whose territory it ultimately occurs and offers a critical assessment of Erika de Wet’s article ‘The Modern Practice of Intervention by Invitation in Africa and Its Implication for the Prohibition of the Use of Force’. It considers the different interpretative approaches suggested for consent and the Charter of the United Nations’ prohibition of force as well as the principle or principles that have come to govern the issuing of valid consent in international law. The contribution turns to some of the methodological positions taken in exploring the continuing validity of the so-called ‘effective control principle’ in modern African practice, and, as it does so, it probes the utility of questions for the jus ad bellum of ‘other’ international law (such as developments within the jus in bello and the law on self-determination).
Topic:
International Law, Sovereignty, United Nations, and Military Intervention
Political Geography:
Africa and Europe

412. Peace Operations in the Central African Republic: Some Challenges and Ways Forward

Author:
Jude Cocodia
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
Despite their burgeoning reputation in peacekeeping, the African Union (AU) and the United Nations (UN) are apparently finding the conflict in the Central African Repub- lic (CAR) difficult to resolve. The explanation involves, in part, the complex situation within the country, apathy on the part of national political elites, and a lack of local participation in peacemaking. Other factors are linked to poor field leadership, the composition of the peacekeeping contingent, and the nature of the mandate. The situation demands more analysis of peace operations and the political conditions under which such operations occur, with a view toward lessening human suffering, making peacekeepers accountable, and brightening the prospects for peace.
Topic:
Diplomacy, United Nations, Conflict, Peace, and African Union
Political Geography:
Africa and Central African Republic

413. The Normative Terrain of the Global Refugee Regime

Author:
Alexander Betts
Publication Date:
10-2015
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
The global refugee regime encompasses the rules, norms, principles, and decision-making procedures that govern states' responses to refugees. It comprises a set of norms, primarily those entrenched in the 1951 Convention relating to the Status of Refugees, which defines who is a refugee and the rights to which such people are entitled. It also comprises an international organization, the Office of the United Nations High Commissioner for Refugees (UNHCR), which has supervisory responsibility for ensuring that states meet their obligations toward refugees.
Topic:
United Nations, Refugees, Displacement, and Humanitarian Crisis
Political Geography:
Global Focus

414. Comparative Approaches to Reconciliation: Canada, United States of America, Australia and New Zealand

Author:
Ben J. Geboe
Publication Date:
01-2015
Content Type:
Policy Brief
Institution:
Institute for the Study of International Development, McGill University
Abstract:
This paper examines the approaches taken by the Governments of Canada, Australia, New Zealand and the United States to address the issue of reconciliation with Indigenous peoples. A wide array of activities have been employed in these countries to improve relations with Indigenous communities. The paper notes that no single program or policy can address reconciliation, and that much remains to be done in order to achieve societies that are cognizant of the historical and contemporary contexts that have contributed to the current socio-economic reality of Indigenous peoples in the four countries examined. The definition of reconciliation is also complex and no single definition can be deemed to capture the dynamic of state and community relations. The review of policies and programs addressing reconciliation in the four countries examined is not exhaustive in nature. Programs and policies have been chosen based on government and community feedback indicating they were making a difference. From these experiences, key elements of programs and policies required to address reconciliation are compiled. The findings stress that reconciliation is a long-term process, based on truth, informed decision-making and accountability on the part of all partners involved. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is used as a lens to observe whether it can be used to address reconciliation efforts in a constructive manner. Many experts argue that the spirit of the UNDRIP could act as a symbolic guide and framework to address reconciliation efforts. In conclusion, the paper notes that reconciliation efforts in each country will require support and long term commitment from all sectors of society. It will also require the renewal of a partnership based on mutual long-term goals and objectives. The partnership must be closely monitored, supported and be based on mutual respect and accountability if it is to flourish.
Topic:
Human Rights, United Nations, Indigenous, and Reconciliation
Political Geography:
Canada, Australia, New Zealand, and United States of America