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141. When the Exception Overtakes the Rule: COVID-19, Security Exemption Clauses, and International Investment Agreements

Author:
Kayla Maria Rolland
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In the trade and investment law regimes built in the post-war period, “security exemption clauses” were included within trade and investment agreements as a safety valve, permitting States to deviate from their commitments in the event that their security interests were implicated. Initially, these clauses were understood to be narrowly limited to instances of war and interstate conflict. With the rise of the national security state in the decades since, however, the concept of security interests has ballooned to encompass an ever-growing set of issues, with some fearing that the rules may become irrelevant. This has been particularly facilitated through “third generation” security exemption clauses and their inclusion of self-judging language. The COVID-19 pandemic in particular adds a new dimension to this phenomenon. As a case study analysis of the text of the Chile-Hong Kong, China SAR bilateral investment treaty (BIT) will demonstrate, it may be feasible for States to invoke security exemption clauses to justify measures taken in response to the COVID-19 pandemic in some contexts, particularly with third generation, self-judging security exemption clauses. The expanding notions of security exemption clauses have significant implications for the investor-State dispute system as a whole.
Topic:
Security, International Law, International Trade and Finance, Treaties and Agreements, COVID-19, and International Investment Agreements
Political Geography:
China and Global Focus

142. Environmental Peacemaking in Somalia: Integrated Climate and Conflict Analysis of the Newly Liberated Areas of Hirshabelle and Galmudug

Author:
Arthur Brochen, Mohamud Mohamed Khadar, Abdirashid Artan, Delphine Virnot, and Albert Martinez
Publication Date:
09-2024
Content Type:
Special Report
Institution:
European Institute of Peace (EIP)
Abstract:
This analysis assesses both the short and long-term impacts of environment- and climate-related security risks in the Newly Liberated Areas (NLA) of Somalia in Hirshabelle and Galmudug. The analysis had the objectives of (1) understanding the pathways in which environmental and climate risks can affect conflict better and (2) developing actionable recommendations for environmental peacemaking and peacebuilding in these states of Somalia. This integrated climate and conflict analysis employed a methodology based on the conflict analysis guidance from the European External Action Service (EEAS) and the climate security guidance developed by the United Nations Environment Programme (UNEP).
Topic:
Security, Climate Change, Environment, Conflict, and Peacemaking
Political Geography:
Africa and Somalia

143. China as the second nuclear peer of the United States: Implications for deterrence in Europe

Author:
Jyri Lavikainen
Publication Date:
02-2024
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
China’s nuclear build-up will make it a nuclear peer adversary of the United States in the 2030s. The US will have to deter both Russia and China, as well as other regional adversaries, with forces geared to engage in one major war at a time. If two major wars occur either simultaneously or sequentially, US military capability will be put under great stress. In the event of a second war, the US may find itself in a situation of conventional military inferiority, which it might have to compensate for with greater reliance on nuclear weapons. Since the US remains the ultimate guarantor of European security, its deterrence challenges elsewhere affect European security as well. Thus, even the possibility of war in the Indo-Pacific is a European security issue. European NATO allies can help mitigate the two-peer problem by permanently taking on a greater share of the burden of Europe’s conventional defence. At the same time, the effectiveness of NATO’s nuclear capability must be enhanced. A strategic defeat for Russia in the war in Ukraine would postpone Russia’s ability to pose a military threat to Europe. Ukraine’s NATO membership would further serve to reduce the threat of another major war in Europe.
Topic:
Security, NATO, Nuclear Weapons, and Deterrence
Political Geography:
Russia, China, Europe, and United States of America

144. India’s critical minerals strategy: Geopolitical imperatives and energy transition goals

Author:
Dhanasree Jayaram and Ramu C. M.
Publication Date:
04-2024
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
India ranks fourth in the world in terms of installed renewable energy capacity, with goals to further increase non-fossil fuel-based electric power capacity to 50% by 2030 and achieve net-zero emissions by 2070. However, its goals are dependent on a reliable and sustainable supply of critical minerals. Geopolitically, India’s critical minerals strategy is influenced by international dynamics and its systemic rivalry with China. India is therefore cooperating and collaborating with the United States, Australia, the European Union, Argentina, Chile, the Quad, the G20, and other actors to secure reliable supply chains for critical minerals. India is implementing regulatory and structural reforms to boost domestic production by increasing private investment and auctioning critical mineral blocks. At the same time, it requires immense financial and technological investment to advance this domestic strategy. To mitigate the risks associated with supply chain disruptions, India is set to strengthen its complementary two-pronged approach of boosting domestic production and pursuing international partnerships.
Topic:
Security, Geopolitics, Supply Chains, Energy, Green Transition, and Critical Minerals
Political Geography:
South Asia and India

145. Addressing the impacts of climate change in Africa: New urgency for international action

Author:
Maija Salonen and Antto Vihma
Publication Date:
08-2024
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
The drought in the Horn of Africa in 2020–2023 and the floods in Libya in September 2023 are recent examples of climate change-induced disasters that were exacerbated by a lack of adaptive capacity. In the Horn of Africa, up to 2.7 million people were displaced by extreme weather events, and the catastrophic floods in Derna, Libya, killed approximately 11,000 people. In addition to the direct impacts, there is a need to understand the cascading impacts of climate change, which are likely to increasingly affect societal security. At present, the risks are growing faster than societal preparedness. The EU should raise political awareness of climate disasters and their cascading impacts. The ground needs to be prepared for decisive and ambitious climate change mitigation, and developed countries should offer continuous support for adaptation and capacity building.
Topic:
Security, Climate Change, Natural Disasters, European Union, and Climate Governance
Political Geography:
Africa

146. Helsinki Security Forum 2024 report

Author:
Mikael Mattlin, Harri Mikkola, Charly Salonius-Pasternak, Tyyne Karjalainen, and Minna Ålander
Publication Date:
09-2024
Content Type:
Special Report
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
Helsinki Security Forum 2024: Towards a Total Defence of Europe – From Apathy to Action? In its search for unity, Europe requires a comprehensive approach to security to build resilient societies. The third annual Helsinki Security Forum (HSF) will explore how comprehensive national security strategies and preparedness could benefit Europe on a broader scale. HSF is an annual event that gathers decision-makers and foreign policy experts to discuss pressing international security issues from a Northern European perspective.
Topic:
Security, Foreign Policy, Defense Policy, and European Union
Political Geography:
Europe and Northern Europe

147. Europe’s development and peacebuilding cuts: Securing short-term interests, risking long-term security

Author:
Katariina Mustasilta
Publication Date:
10-2024
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
Development cooperation budgets are tightening in the EU amid economic pressures and a focus on security and defence. Two broad shifts are taking place in EU and member state investments in peacebuilding and conflict prevention: a general decline in funding and decreasing attention to conflict-affected regions and countries in particular. Local and international conflict prevention and peacebuilding actors need to frame their work to align with the EU’s economic, security and geopolitical interests in order to remain relevant in an era of strategic competition. The implications of the shifts in funding will depend on how changes are implemented and under what types of strategies. A general risk is that policy decisions will be based on a short-term and largely reactive rationale at the expense of a long-term perspective on Europe’s interests.
Topic:
Security, Development, International Cooperation, European Union, Crisis Management, and Peacebuilding
Political Geography:
Europe

148. Unpacking Security Council Resolution 2719 (2023)

Author:
Eugene Chen
Publication Date:
02-2024
Content Type:
Policy Brief
Institution:
Center on International Cooperation (CIC)
Abstract:
The approval of a framework for the financing of African Union (AU) peace support operations (PSOs) by the United Nations (UN) Security Council on December 21, 2023, with the adoption of resolution 2719, represents significant progress in the development of the UN-AU partnership in peace and security as well as a commitment from the Security Council to support the adequate, predictable, and sustainable financing of AU-led PSOs. At the same time, the achievements of the negotiators in reaching this outcome should not obscure the additional work that lies ahead to interpret, implement, and build on the resolution.
Topic:
Security, United Nations, Peacekeeping, UN Security Council, and African Union
Political Geography:
Africa

149. Beyond the Battlefields: Practical Strategies to Halving Global Violence in Our Homes, Streets, and Communities

Author:
Center on International Cooperation
Publication Date:
07-2024
Content Type:
Working Paper
Institution:
Center on International Cooperation (CIC)
Abstract:
In the report, “Beyond the Battlefields: Practical Strategies to Halving Global Violence in Our Homes, Streets, and Communities,” the Halving Global Violence Task Force at NYU’s Center on International Cooperation (CIC) presents a comprehensive roadmap to cut global violence by half. This pivotal analysis culminates a three-year collaborative effort involving international policymakers, distinguished researchers, field experts, and activists. The report emphasizes that halving global violence is not only a visionary goal but an actionable imperative. It outlines practical, evidence-based strategies to tackle violence across all spheres of society, underscoring the potential for significant economic and societal benefits. By adopting these strategies, the global community can forge a safer, more equitable society for future generations. Key highlights reveal that most violence occurs outside conflict zones, affecting diverse demographics worldwide. It also provides detailed strategies that have proven successful in various global cities, emphasizing low-cost, innovative solutions that can radically reduce violence. It is an essential read for leaders and policymakers committed to fostering international peace and security.
Topic:
Conflict Prevention, Security, International Cooperation, Violence, and Peace
Political Geography:
Global Focus

150. Adapting BINUH to Meet Haiti’s Evolving Challenges

Author:
Sophie Rutenbar
Publication Date:
07-2024
Content Type:
Policy Brief
Institution:
Center on International Cooperation (CIC)
Abstract:
The UN Integrated Office in Haiti (BINUH) is struggling to remain relevant amid major shifts in Haiti’s political, security and humanitarian landscape, including the deployment of a Security Council-mandated multinational security support mission to assist the National Police. The renewal of BINUH’s mandate represents an opportunity to realign its role and resources to better address Haiti’s evolving challenges. By enhancing political engagement, coordination, and thematic expertise, and by mitigating risks associated with the MSS, BINUH can play a more effective and relevant role in supporting Haiti’s path to stability and development. The next few months are critical, and the UN must be agile and responsive to ensure the success of the MSS and the broader international efforts in Haiti.
Topic:
Security, United Nations, Peacekeeping, and Crisis Management
Political Geography:
Caribbean and Haiti