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51. Access to Fisheries in the United Kingdom’s Territorial Sea after its Withdrawal from the European Union: A European and International Law Perspective

Author:
Valentin Schatz
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article approaches the question of post-Brexit access of European Union (EU) Member States to the United Kingdom’s (UK) territorial sea fisheries by first discussing the pre-Brexit legal status quo under the Common Fisheries Policy (CFP) of the EU. Second, this article discusses the international legal framework for access to territorial sea fisheries that would apply if the UK withdraws from the EU in the absence of a future agreement. As Part II of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) does not contain provisions on fisheries access, this analysis focuses on the role of the 1964 London Fisheries Convention (LFC), bilateral voisinage agreements between the UK and EU Member States, potential acquired historic fishing rights of EU Member States in the UK’s territorial sea, and potential access rights derived from royal privileges. Next, this article addresses the relevance of the transitional arrangements contained in the latest draft withdrawal agreement of 2018, which was not, however, adopted by the UK. Finally, this article offers some conclusions as to the applicable legal framework for access of EU Member States to the UK’s territorial sea fisheries absent a new fisheries agreement between the EU and the UK, and potential ways to proceed in the future regulation of this issue.
Topic:
International Cooperation, Treaties and Agreements, Territorial Disputes, European Union, and Brexit
Political Geography:
United Kingdom and Europe

52. Five Years of War in Donbas

Author:
Robert E. Hamilton
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Foreign Policy Research Institute
Abstract:
The war in the eastern Ukrainian region known as the Donbas has killed over 13,000 people, displaced millions, and led to the worst rupture in relations between the Russian Federation and the West since the end of the Cold War. The war was caused by inherent cleavages in Ukrainian society, combined with clumsy and self-interested intervention by outside powers. The war’s effects on Ukraine have been profound: the collapse of the post-Soviet Ukrainian political elite; billions of dollars in direct and indirect losses to the Ukrainian economy; a wholesale restructuring of the Ukrainian armed forces; social dislocation and psychological trauma; and unprecedented environmental damage. Despite these sad legacies, there are reasons to be optimistic that a settlement to the conflict is in view. The exhaustion and frustration of people in the separatist-controlled regions, Russia’s changing policy on the war—at least in part a result of rising frustration among the Russian public—and the election of a new Ukrainian government without regional ties or ties to networks of oligarchs all contribute to the possibility of peace. But in order for peace to endure after the war, the Ukrainian state must construct a broad-based, civic national identity, and it must tackle the country’s endemic corruption. The international community must be engaged in both crafting a settlement to the war and helping Ukraine deal with its consequences. External observers may be inclined to point to social division and corruption as the internal causes of the war, and argue that Ukraine has to fix itself before the outside world can intervene to help. And this is true as far as it goes. But it is also true that the outside world contributed to the start of war in Ukraine by making the country the object in a geopolitical tussle between Russia and the West. Any honest accounting of the war’s history must acknowledge this fact. And any fair treatment of Ukraine after the war should seek to compensate it through significant, long-term assistance.
Topic:
War, Territorial Disputes, Conflict, and Separatism
Political Geography:
Russia, Eurasia, Ukraine, and Eastern Europe

53. The Indo-Pak Rivalry and the Kashmir Issue: A Historical Analysis in the Security Context of the South Asia

Author:
Syed Shahbaz Hussain, Ghulam Mustafa, Muhammad Imran, and Adnan Nawaz
Publication Date:
07-2019
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The Kashmir issue is a primary source of resentment between India and Pakistan. It is considered the oldest issue on the schedule of the Security Council yet to be resolved. This divisive issue remained unsolved and has become the nuclear flashpoint. The peace of the South Asian region is severely contingent upon the peaceful resolution of the Kashmir dispute. It is not only the pivot of bitterness in the bilateral relation of India and Pakistan, it also a continuous threat to the regional peace in South Asia. This study critically assesses and evaluated the issue in the perspective of historical facts and current context regarding Kashmir. Chronological data presented and describe that the Kashmir issue has deteriorated the fragile security of South Asian region and remained a continuous threat of nuclear escalation in the region. Kashmir issue has severe implications for populace of Kashmir as well as for the region
Topic:
Conflict Prevention, Security, Human Rights, and Territorial Disputes
Political Geography:
Pakistan, South Asia, India, and Kashmir

54. Russia in the Middle East and the Palestinian Problem

Author:
B. Dolgov
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
The Palestinian Problem is one of the worst headaches of the middle east and one of the greatest geopolitical challenges. The Soviet Union/Russia, which was present when it originated, was one of the countries that tried to resolve problems related, among other things, to Israeli and Palestinian statehood and the fact that Palestine is the cradle of three world religions – Christianity, Islam and Judaism.
Topic:
Diplomacy, International Cooperation, Religion, Territorial Disputes, and Statehood
Political Geography:
Russia, Europe, Middle East, Israel, and Palestine

55. Uncertain Ground: Engaging With Europe’s De Facto States and Breakaway Territories

Author:
Thomas de Waal
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Carnegie Endowment for International Peace
Abstract:
Abkhazia, Transdniestria, and northern Cyprus, three unrecognized statelets in Europe that arose during conflicts in the twentieth century, have endured for decades. Despite many problems, they are self-governing and stable, and they show no signs of collapsing. They exercise internal sovereignty, even as they have no prospect of getting international recognition. This qualifies them as de facto states. While these territories still have problems of poor regulation and impunity from international justice, in many other regards, they seek respectability and try to cleave to European norms. This distinguishes them from the breakaway territories in eastern Ukraine. Concerns in the recognized states that greater engagement will lead to “creeping recognition” of the territories is not borne out by legal opinion, which concludes that recognition is a conscious act and cannot be conferred by accident.Better engagement with breakaway territories such as these is an overlooked resource in conflict resolution. If carried out in a clear-sighted and intelligent manner, it should benefit all sides. It should give citizens of the de facto states greater opportunities to be integrated into the world. It should benefit the recognized states who generally have a de jure claim over the territories (the “parent states”) by building bridges across the conflict divide. It should have a wider benefit by ensuring that these places are more compliant with international norms.
Topic:
International Law, Sovereignty, Territorial Disputes, and Norms
Political Geography:
Europe, Abkhazia, Cyprus, and Transdniestria

56. Two States or One? Reappraising the Israeli-Palestinian Impasse

Author:
Edward P. Djerejian, Marwan Muasher, Nathan Brown, Samih Al-Abid, Tariq Dana, Dahlia Scheindlin, Gilead Sher, and Khalil Shikaki
Publication Date:
09-2018
Content Type:
Special Report
Institution:
Carnegie Endowment for International Peace
Abstract:
The Israeli and Palestinian communities are growing ever closer physically while remaining separated politically. Any solution must adequately address the needs of both sides. This report attempts to look at actualities and trends with a fresh and analytical eye. At first glance, the two halves of this report contain two very different views of a resolution to the Israeli-Palestinian conflict: one presents the case for a two-state solution, the other suggests that it is time to look at the idea of a single state with all its variations. But the two halves do not differ on the facts of the current situation. Nor do they differ much on the trajectory. The same facts can be used to support two different conclusions: Do we need new ideas or new determination and political will behind previous ones? The two chapters also highlight an important political reality: any solution must adequately address the needs of both sides. Imposed solutions will not work. The section authored by the Baker Institute does not deny that a one-state reality is emerging and the two-state solution is in trouble, but it argues that the two-state solution should not be abandoned as it provides the most coherent framework for a democratic Israeli state living in peace and security next to an independent and sovereign Palestinian state. Carnegie’s section recognizes that a one-state reality is emerging, whether desirable or not, and calls for scrutinizing solutions that take this reality into account instead of wishing it away. At a time when ideas to solve the conflict are being speculated about without much context, this report attempts to objectively analyze and present the two major options for a negotiated peace between the Israelis and the Palestinians and to explain the consequences of both for the parties involved and the international community. It is our hope that it will serve as not only a reminder of past efforts but also an incubator for future ones.
Topic:
Diplomacy, Treaties and Agreements, Territorial Disputes, Conflict, Negotiation, and Peace
Political Geography:
Middle East, Israel, and Palestine

57. Prospects for Settling the Dispute over the Rights of the Hungarian Minority in Ukraine

Author:
Daniel Szeligowski and Veronika Jóźwiak
Publication Date:
10-2018
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
The dispute over the rights of the Hungarian minority in Transcarpathia is based on a fundamental difference of interests. While Ukraine aims to strengthen its citizens’ sense of belonging to the country, Hungary strives to extend the rights of the minority, which means there are no prospects for easing the tensions in the short term. What is more, further escalation is likely, since both parties use the dispute in domestic politics. The difference in Hungary’s and Poland’s approach to Ukraine will weigh on Polish-Hungarian relations.
Topic:
Education, Bilateral Relations, Territorial Disputes, Minorities, and Domestic politics
Political Geography:
Europe, Ukraine, and Hungary

58. Building Trust and Confidence in International Security: A Conversation with OSCE Secretary General Thomas Greminger

Author:
Thomas Greminger and Ryan Rogers
Publication Date:
07-2018
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Ambassador Thomas Greminger was appointed Secretary General of the OSCE on 18 July 2017 for a three- year term. Ambassador Greminger joined the diplomatic service of the Federal Department of Foreign Affairs (FDFA) in 1990 and has held numerous senior management positions during his career. Prior to his appoint- ment as OSCE Secretary General, he was Deputy Director General of the Swiss Agency for Development and Cooperation, overseeing an annual budget of USD 730 million and 900 staff in Bern and abroad. From 2010 to 2015, Greminger was the Permanent Representative of Switzerland to the OSCE, serving as Chair of the Permanent Council during Switzerland’s 2014 OSCE Chairmanship. Prior to his assignment at the Per- manent Delegation of Switzerland to the OSCE, Greminger was Head of the Federal Department of Foreign Affair’s Human Security Division, Switzerland’s competence centre for peace, human rights, and humanitarian and migration policy. Thomas Greminger holds a PhD in history from the University of Zurich and the rank of Lieutenant Colonel (General Staff) in the Swiss Armed Forces. He has authored a number of publications on military history, conflict management, peacekeeping, development and human rights. His mother tongue is German; he speaks fluent English and French, and has a working knowledge of Portuguese. In 2012, he was awarded the OSCE white ribbon for his long-standing support for gender equality.
Topic:
International Relations, Security, Regional Cooperation, and Territorial Disputes
Political Geography:
Europe, Ukraine, and European Union

59. National Security Update 4: The Implications of China’s Actions in the South China Sea and U.S. Options

Author:
Jack Kelly
Publication Date:
02-2018
Content Type:
Special Report
Institution:
Institute for Foreign Policy Analysis (IFPA)
Abstract:
This IFPA National Security Update addresses the potential consequences of China’s strategy to control the South China Sea and possible U.S. and allied responses. In early 2017, the Institute for Foreign Policy Analysis initiated an online series entitled National Security Update. Its purpose is to examine key foreign policy/defense issues and to set forth policy options. These updates are made available to the broad policy community within and outside government, including key policy makers in Washington, D.C.; members of Congress and their staffs; academic specialists; and other members of the private-sector security community. Future National Security Updates will address a range of topics in an effort to provide timely analyses and policy options.
Topic:
Defense Policy, National Security, Territorial Disputes, Grand Strategy, and Missile Defense
Political Geography:
China, Asia, North America, South China, and United States of America

60. White Warships and Little Blue Men: The Looming “Short, Sharp War” in the East China Sea over the Senkakus

Author:
James E. Fanell and Kerry K. Gershaneck
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Project 2049 Institute
Abstract:
China claims Japan’s Senkaku Islands and vows to seize them in a “short, sharp war,” if necessary. China’s successful seizure of the islands would shatter the Japan-America security alliance and severely undermine U.S. credibility. This study examines China’s attack campaign by tracing its territorial claims to the East China Sea and by addressing its Senkakus campaign doctrine, the military and paramilitary forces it will employ, how the campaign will unfold, the timing of the attack, how China might counter U.S. intervention, and steps the United States and Japan should take to deter it.
Topic:
Military Strategy, Territorial Disputes, Military Intervention, Alliance, and Conflict
Political Geography:
Japan, China, Asia, and United States of America