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4771. The European Courts and the Security Council: Between Dédoublement Fonctionnel and Balancing of Values

Author:
Pasquale De Sena and Maria Chiara Vitucci
Publication Date:
02-2009
Content Type:
Journal Article
Abstract:
The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the 'value oriented' approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this attitude. Basically, when different legal values are at stake, the need arises to strike a balance between them, as the ECJ has recently done in the appeal decision in the Yusuf and Kadi cases. Such a tendency, if consistently followed, could serve as a valuable instrument to find the correct equilibrium between the security interest and the need for respect of human rights.
Topic:
Security, Human Rights, and United Nations
Political Geography:
Europe

4772. Republican Reckoning

Author:
Jacob Heilbrunn
Publication Date:
07-2009
Content Type:
Journal Article
Journal:
The National Interest
Abstract:
THE REPUBLICAN Party is not in trouble. It is in peril. In 2006 it lost control of Congress. In 2008 it lost the presidency. And in 2010 it may lose again unless the party changes course, particularly in foreign policy, where it has, by and large, enjoyed a commanding lead over Democrats for decades.
Topic:
Security and Foreign Policy
Political Geography:
United States and America

4773. Battlefield: El Paso

Author:
Douglas S. Massey
Publication Date:
07-2009
Content Type:
Journal Article
Journal:
The National Interest
Abstract:
IT IS commonly accepted that the United States was "invaded" by an unprecedented wave of illegal immigrants beginning in the 1980s. According to the Department of Homeland Security, by 2008 there were 11.6 million illegal immigrants living in the United States, 61 percent from Mexico. The next-closest source was El Salvador, at just 5 percent. Hence the "invasion" was framed as a Mexican issue, with pundits from Lou Dobbs to Patrick Buchanan warning of dire consequences for America if it was not checked, by force if necessary.
Topic:
Security and Government
Political Geography:
United States, America, and Mexico

4774. Canaries in the Cooling Tower

Author:
Charles A. Duelfer
Publication Date:
07-2009
Content Type:
Journal Article
Journal:
The National Interest
Abstract:
IN LIGHT of the costly tragedy in Iraq, some have commented that inspections would have been an alternative to war. They were not. It was not that simple. Moreover, even with the most intrusive and extensive inspection system ever implemented, we still did not know the extent of Iraq's WMD capacity. Arms inspections are no substitute for war or political compromise, or good independent intelligence. Too often, too many have expected too much from such mechanisms. Inspections are not a goal in themselves. As the urgency and perils of North Korean and Iranian nuclear programs continue to escalate unchecked, attention repeatedly turns to inspections as the remedy of all ills. Yet, the invasiveness of the Iraq inspections was unique. We will never again be able to cajole another country to the extent we did Baghdad. And still we see the limits that even these intrusive inspections had. But, there are untold lessons to be learned from this bizarre case. More than anything else it goes to show that, in spite of their failings, inspections have a purpose and can be wielded to gain information and to deter WMD programs.
Topic:
Security, Government, and United Nations
Political Geography:
Iraq and North Korea

4775. Tyranny for the Commons Man

Author:
Barry Schwartz
Publication Date:
07-2009
Content Type:
Journal Article
Journal:
The National Interest
Abstract:
HOW DOES one escape a dilemma in which multiple individuals acting in their own rational self-interest can ultimately destroy a shared limited resource-even when it is clear this serves no one in the long run?
Topic:
Security, Development, and Government

4776. Power and Security in Northeast Asia: Shifting Strategies

Author:
Yumi Hiwatari
Publication Date:
01-2009
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
This book highlights the shifting power structure of Northeast Asia. In the introduction, the editor considers a variety of issues in perspective, and power transition, economic interdependence, and democratization are viewed as key concepts in analyzing the radical transformation of the region. The impact of rising China on the power balance of the region is substantial, and the dynamic growth of the economy and the resulting growth of interdependence are the distinguishing characteristics of the region. The region is witnessing an ongoing process of democratization, possibly inviting an unpredictable future. While realistic predictions tell us that these dynamic changes will bring about armed conflicts among nations, the authors however conclude that power politics in Northeast Asia indicates 'an uneasy but resilient “equilibrium” of spatially and temporally asymmetric power relations' (p. 279). This equilibrium is termed uneasy because two elements of revisionism stand out, one being the Korean Peninsular and the other being Sino-Taiwan relations. The players involved all have unilateral revisionist incentives, but the likelihood of small crises escalating into major armed conflicts is remote, and their 'hedged engagement' strategy should control tensions and not allow them to spiral.
Topic:
Security and Democratization
Political Geography:
China, Taiwan, and Northeast Asia

4777. Somalia: The Trouble with Puntland

Publication Date:
08-2009
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
The semi-autonomous north-eastern Somali region of Puntland, once touted as a success of the “building blocks” approach to reestablishing national stability and widely viewed as one of the most prosperous parts of Somalia, is experiencing a three-year rise in insecurity and political tension. At its roots are poor governance and a collapse of the intra-clan cohesion and pan-Darood solidarity that led to its creation in 1998. Intra-Darood friction has eroded the consensual style of politics that once underpinned a relative stability. The piracy problem is a dramatic symptom of deeper problems that, left untreated, could lead to Puntland's disintegration or overthrow by an underground militant Islamist movement. A solution to the security threat requires the Puntland government to institute reforms that would make it more transparent and inclusive of all clans living within the region.
Topic:
Security, Political Violence, and Fragile/Failed State
Political Geography:
Africa, Somalia, and Puntland

4778. State and Local Fusion Centers

Author:
Eric Rosenbach
Publication Date:
07-2009
Content Type:
Policy Brief
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
The 9/11 Commission Report emphasized the importance of information sharing between local law enforcement and federal intelligence agencies in order to prevent future terrorist attacks. In an effort to address these concerns, “fusion centers” were created that would facilitate the transfer of information among local, state and federal officials. This memo provides members of Congress with an overview of fusion centers, explains the role these centers play in information sharing and addresses some challenges that they face today.
Topic:
Security, Government, Terrorism, and Law

4779. The USA-PATRIOT Act

Author:
Eric Rosenbach and Aki J. Peritz
Publication Date:
07-2009
Content Type:
Policy Brief
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
The "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001," also known as the USA-PATRIOT Act, was passed a month after September 11, 2001 in order to give U.S. officials new legal tools to detect and thwart future terrorist attacks. Although it originally passed with very little opposition, votes to reauthorize the Act prompted significant debate about several provisions. In 2009, Congress will once again examine certain sections of the USA-PATRIOT Act. This memo provides an overview of the USA-PATRIOT Act and its provisions that will expire at the end of 2009.
Topic:
Security, Defense Policy, and Terrorism
Political Geography:
United States

4780. The Armageddon Test

Author:
Rolf Mowatt-Larssen
Publication Date:
08-2009
Content Type:
Working Paper
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
In 1946, Robert Oppenheimer, the father of the Manhattan project, was asked in a closed Senate hearing room “whether three or four men couldn't smuggle units of an [atomic] bomb into New York and blow up the whole city.” Oppenheimer responded, “Of course it could be done, and people could destroy New York.” When a startled senator then followed by asking, “What instrument would you use to detect an atomic bomb hidden somewhere in a city?” Oppenheimer quipped, “A screwdriver [to open each and every crate or suitcase].” There was no defense against nuclear terrorism–and he felt there never would be.
Topic:
Security, Intelligence, Nuclear Weapons, Terrorism, and War