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531. Institutional Imperialism

Author:
Richard K. Betts
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
The National Interest
Institution:
Center for the National Interest
Abstract:
John Ikenberry's latest—Liberal Leviathan—offers a relentless mantra on the merits of the global liberal order while painting over the inherent tension between U.S. power and multilateral cooperation.
Topic:
NATO and United Nations
Political Geography:
Russia, United States, and China

532. The Future of the Liberal World Order

Author:
G. John Ikenberry
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
There is no longer any question: wealth and power are moving from the North and the West to the East and the South, and the old order dominated by the United States and Europe is giving way to one increasingly shared with non-Western rising states. But if the great wheel of power is turning, what kind of global political order will emerge in the aftermath? Some anxious observers argue that the world will not just look less American -- it will also look less liberal. Not only is the United States' preeminence passing away, they say, but so, too, is the open and rule-based international order that the country has championed since the 1940s. In this view, newly powerful states are beginning to advance their own ideas and agendas for global order, and a weakened United States will find it harder to defend the old system. The hallmarks of liberal internationalism -- openness and rule-based relations enshrined in institutions such as the United Nations and norms such as multilateralism -- could give way to a more contested and fragmented system of blocs, spheres of influence, mercantilist networks, and regional rivalries. The fact that today's rising states are mostly large non-Western developing countries gives force to this narrative. The old liberal international order was designed and built in the West. Brazil, China, India, and other fast-emerging states have a different set of cultural, political, and economic experiences, and they see the world through their anti-imperial and anticolonial pasts. Still grappling with basic problems of development, they do not share the concerns of the advanced capitalist societies. The recent global economic slowdown has also bolstered this narrative of liberal international decline. Beginning in the United States, the crisis has tarnished the American model of liberal capitalism and raised new doubts about the ability of the United States to act as the global economic leader.
Topic:
United Nations
Political Geography:
United States, China, Europe, and India

533. Who's Afraid of the International Criminal Court?

Author:
David A. Kaye
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
Last February, soon after Libyan leader Muammar al-Qaddafi unleashed his forces against civilian protesters, the United Nations Security Council unanimously voted to refer the situation in Libya to the International Criminal Court. Days later, the ICC's chief prosecutor, Luis Moreno-Ocampo, announced the launch of an investigation of members of the Qaddafi regime, promising, "There will be no impunity in Libya." With the UN Security Council injecting the court into one of the year's biggest stories, the ICC may seem to have become an indispensable international player. It already is looking into some of the gravest atrocities committed in recent decades -- in the Democratic Republic of the Congo, Sudan, and Uganda, among others -- and its investigation into the 2007 election-related violence in Kenya is shaking up that country's elite. But a closer look suggests that the ICC's sleek office building on the outskirts of The Hague houses an institution that is still struggling to find its footing almost a decade after its creation. The court has failed to complete even one trial, frustrating victims as well as the dozens of governments that have contributed close to $1 billion to its budget since 2003. The ICC's first trial was nearly dismissed twice. Its highest-profile suspects -- Sudanese President Omar al-Bashir and Joseph Kony, the leader of the Lord's Resistance Army (LRA), the rebel group that has terrorized northern Uganda and neighboring areas -- have thumbed their noses at the court and are evading arrest. And with all six of the ICC's investigations involving abuses in Africa, its reputation as a truly international tribunal is in question.
Topic:
Security and United Nations
Political Geography:
Uganda, Sudan, Libya, and Democratic Republic of the Congo

534. Turkey's Cyprus Problem

Author:
Andrew Jacovides
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
To the Editor: Hugh Pope ("Pax Ottomana?" November/December 2010) observes that Turkey succeeded in being elected to a rotating seat of the UN Security Council for 2009-10. It might then be assumed that Turkey's policies have been guided by the principles of the UN Charter. But Turkey continues its 40,000-strong troop occupation of a large part of the Republic of Cyprus -- an EU and UN member state -- despite numerous Security Council resolutions since its initial 1974 invasion calling for its immediate withdrawal. Turkey does not comply with its legal obligations to Cyprus or to the EU and forcibly interferes with Cyprus' rights in its exclusive economic zone of maritime jurisdiction. Pope writes that "in 2003, the [ruling party in Turkey] reversed traditional Turkish policy by agreeing to endorse a UN plan to reunify" Cyprus. What he does not say, however, is that the latest version of the plan wholly incorporated Ankara's demands. In addition, Pope makes an unfounded assertion in stating that "since joining the EU in 2004, Cyprus has pulled all available levers to block Turkey's own accession to the union." If this were the case, Turkey would not have been endorsed as a candidate for EU membership in 2005, since such a decision requires unanimity, and so Cyprus could have exercised its veto. Like Pope, many welcomed Turkish Foreign Minister Ahmet Davutoglu's declared goal of the "settlement of disputes" that "directly or indirectly concern Turkey" and Turkey's "zero problem" policy toward its neighbors. Other than paying lip service to supporting the UN-sponsored intercommunal talks on Cyprus, however, Turkey has not conceded an inch toward achieving a solution within the agreed framework. If the Cyprus problem were solved through a viable compromise settlement with Turkey's help, Turkey will have removed a major obstacle to its EU accession. Moreover, a reunited and peaceful Cyprus, free of foreign troops, would be transformed into a bridge of peace from a bone of contention and would cooperate with Turkey and Greece on an array of issues. This outcome can be achieved through good neighborly relations on the basis of the principles of the UN Charter, not through occupation, domination, and a Pax Ottomana. ANDREW JACOVIDES Former Ambassador of Cyprus to the United States
Topic:
Security and United Nations
Political Geography:
United States and Turkey

535. The Falkland Islands and the UK v. Argentina Oil Dispute: Which Legal Regime?

Author:
Alice Ruzza
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Following Argentina's withdrawal from the 1995 Joint Declaration concluded with the UK for the common exploration and exploitation of hydrocarbons in the Falklands, the sovereignty dispute over the Islands has recently re-emerged as an economic 'struggle' for access to the North Falklands Basin's oil deposits. The pa per analyzes the states' pending sovereignty dispute and their present claims, from the perspective of the exploitation of the Island s' natural resources. The lawfulness of uncoupling the treatment of title to territory and to natural resources, particularly in an area where sovereignty is disputed has been examined in the present paper. By considering the UN practice on the Falklands' case, it is argued that a separate treatment is not per se unlawful, provided that all the parties having a legitimate sovereign claim over the territory are involved. The Joint Declaration is employed as a model to provide evidence in this regard. In addition, the paper discusses the unilateral conduct of the parties as a possible alternative to a cooperative agreement. As the UK is currently acting unilaterally with regard to the access to the oil deposits in the Islands, the implications of its conduct are also reviewed.
Topic:
United Nations
Political Geography:
United Kingdom, Argentina, and Falkland Islands

536. Conflicts over Protection of Marine Living Resources: The 'Volga Case' Revisited

Author:
Saiful Karim
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Non-traditional maritime security concerns have become more important than ever in the post-Cold War era. Naval forces of most developed countries are more concerned about these threats than conventional war. One of the main maritime security issues for many countries in the world is illegal, unreported and unregulated (IUU) fishing in the marine area. With these burgeoning issues comes the potential for a large number of disputes involving international law. In early 2002, a long-line fishing vessel under a Russian flag – the Volga, was detained by Australian authorities a few hundred meters outside the Exclusive Economic Zone of Australia's Heard and McDonald Islands in the Southern Ocean. The vessel was reportedly engaged in illegal fishing. This incident gave birth to litigation in international and Australian courts. Apart from these cases, Russia also announced separate litigation against Australia for violation of Articles 111 and 87 of the United Nations Convention on the Law of the Sea (UNCLOS). Considering the outcome of these cases, this article critically examines the characteristics of litigation as a strategy for pacific settlement of disputes over marine living resources. Using the Volga Case as an example, this article explores some issues related to the judicial settlement of disputes over marine living resources. This article demonstrates that the legal certainty of winning a case may not be the only factor influencing the strategy for settlement of an international dispute.
Topic:
United Nations
Political Geography:
Russia and Australia

537. Resource Conflicts over Arable Land in Food Insecure States: Creating an United Nations Ombudsman Institution to Review Foreign Agricultural Land Leases

Author:
Anastasia Telesetsky
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In the last decade of globalization, States in the Middle East, East Asia, Europe, and North America have looked towards Africa and Southeast Asia for opportunities to lease for 30-50 years large tracts of arable land for production of commodity crops and biofuels in order to meet the needs of home markets. Facing their own governance challenges, States in Africa and Southeast Asia have leased land to private foreign investors without requiring any environmental review or mitigation of the proposed land leases. This paper argues that in food insecure states the recent flurry of land leasing activity to foreign agribusiness is likely to lead to unintended long term consequences for the ecology in land-leasing States by depleting the already fragile environment through monocropping, chemical pesticide and fertilizer applications, and large scale irrigation. This paper argues that international investment law may provide foreign investors with legal protection if land leasing States in the future decide to regulate the leases in a manner that discriminates against large agribusiness. The current proposals for self-regulatory voluntary codes of conduct do not provide sufficient oversight over the leasing process to protect the public's interest in a healthy and productive environment against foreign investors who have under the current lease structure no incentive to improve the land that they are leasing. The creation of an United Nations based ombudsman to provide legal and technical oversight and support for States making long-term leases has greater potential than a voluntary code for ensuring a balanced negotiation among the interests of host State governments for investment, investors for arable land, and the public for long-term sustainability.
Topic:
United Nations
Political Geography:
Africa, Europe, Middle East, East Asia, North America, and Southeast Asia

538. Precommitment Regimes for Intervention: Supplementing the Security Council

Author:
Robert O. Keohane and Allen Buchanan
Publication Date:
05-2011
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
As global governance institutions proliferate and become more powerful, their legitimacy is subject to ever sharper scrutiny. Yet what legitimacy means in this context and how it is to be ascertained are often unclear. In a previous paper in this journal, we offered a general account of the legitimacy of such institutions and a set of standards for determining when they are legitimate. In this paper we focus on the legitimacy of the UN Security Council as an institution for making decisions concerning the use of military force across state borders. The context for this topic has changed over the last decade as a result of the ongoing development of the responsibility to protect (RtoP) doctrine and extensive discussions about it in the United Nations. Yet the mostly widely accepted proposals for RtoP still require Security Council authorization for forceful intervention, and strictly limit the conditions under which such intervention may take place.
Topic:
United Nations

539. Protection of Civilians in 2010: Facts, Figures, and the UN Security Council's response

Author:
Nicolas Vercken and Hannah Cooper
Publication Date:
06-2011
Content Type:
Working Paper
Institution:
Oxfam Publishing
Abstract:
In 2010, millions of men, women, and children were killed, raped, displaced, injured, or recruited by force in armed conflicts throughout the world. Whether caught in the crossfire or deliberately targeted, civilians too often suffer disproportionately as a result of conflict.
Topic:
Conflict Resolution, Human Rights, United Nations, and War

540. Focus UNFPA: Four Recommendations for Action

Author:
Katie Stein
Publication Date:
04-2011
Content Type:
Policy Brief
Institution:
Center for Global Development
Abstract:
With a new executive director appointed in November 2010, the United Nations Population Fund (UNFPA) is in a position to re-assert its role and lead the world's effort toward landmark achievements in improving women's health and well-being. The Fund's performance will literally be a matter of life or death for millions of women and children. The numbers speak for themselves: an estimated 215 million women lack access to modern contraceptives, and there are approximately 350,000 maternal deaths each year. As the lead agency for the United Nations' work on population and reproductive health, UNFPA can reduce this terrible and unnecessary toll of lost lives.
Topic:
Demographics, Development, Gender Issues, Health, and United Nations