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101. US-EU dispute over auto trade could get worse

Author:
Dong Yan and Xu Tingting
Publication Date:
02-2019
Content Type:
Policy Brief
Abstract:
The dispute over auto trade between the United States and the European Union is becoming more heated and uncertain. US President Donald Trump has threatened to slap additional tariffs of 25 percent on autos imported from the EU if the bloc doesn't agree to a trade agreement favorable to the US. Although Dutch Prime Minister Mark Rutte told CNBC on Monday that there's a lot happening behind the scenes to ensure the US and the EU reach a trade deal, Bloomberg, citing a senior EU official, reported on Friday that the EU is ready to target Caterpillar and Xerox if Trump hits cars.
Topic:
Treaties and Agreements, European Union, and Trade
Political Geography:
Europe, North America, and United States of America

102. Are the Dutch really going green? Policy Brief Climate politics in the Low Lands (part two)

Author:
Paul Hofhuis
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
This is the second Clingendael Policy Brief on climate policy development in the Netherlands. The first 'Are the Dutch going Green' was published in January 2019 and dealt with the political context and policy proposals made between autumn 2017 and the end of 2018. This policy brief focuses on the most recent developments until mid-September 2019. During this period the Dutch Parliament adopted a Climate Bill, provincial elections were won by a climate-sceptical party, and political agreement was reached on a comprehensive package of climate policies: the national Climate Agreement. This agreement, referred to as the ‘biggest refurbishment of the Netherlands since the Second World War’, was pre-cooked in an extensive negotiating process between government and civil society. The policies target especially the industrial, energy, transportation, housing and agriculture sectors. A key element of the societal debate focused on the costs of climate policies and how they should be allocated. In order to hammer out a political deal, the Dutch government had to change key assumptions of its constituting coalition agreement of 2017, and adjust some of the proposals developed by civil society, notably those favoured by industry. A lesson learned from the Dutch case is that setting ambitions may be relatively easy, but translating them into effective climate action is a tougher job, particularly when political decisions have to be taken on who will pay for what.
Topic:
Climate Change, Treaties and Agreements, Green Technology, and Sustainability
Political Geography:
Europe and Netherlands

103. Progress on implementing the Briefing note Hague Declaration on Climate and Security

Author:
Susanne Wolfmaier and Janani Vivekananda
Publication Date:
02-2019
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
The Hague Declaration is a six-point plan covering a call for an institutional mechanism on climate and security within the UN system, for a process to develop a climate security risk assessment in Lake Chad, and for concrete action in two of the most vulnerable post-conflict countries: Mali and Iraq. It is also a commitment by a growing community of practice to systematically address security risks related to climate change - from analysis to action, built on the conviction that everyone must work together to address and manage risks and threats before they arise. This briefing note by Susanne Wolfmaier and Janani Vivekananda presents the outcome of a survey by the Planetary Security Initiative on the objectives with the Hague Declaration, its achievements so far, and the gaps in and challenges to progress that still need to be overcome.
Topic:
Security, Climate Change, Treaties and Agreements, and Conflict
Political Geography:
Iraq, Mali, Global Focus, and The Hague

104. The First Year of the Compact: How the Review Process Can Make Civilian CSDP More Capable

Author:
Carina Böttcher
Publication Date:
10-2019
Content Type:
Policy Brief
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
The EU needs more and better capabilities in civilian crisis management to fulfill its level of ambition and to more effectively contribute to security and peace in its wider neighborhood. In this, the Civilian CSDP Compact plays an important role. It has introduced an annual review process to take stock of implementation and identify ­capability shortfalls. This review process has great potential to improve the way the EU and its member states plan and develop capabilities for missions.
Topic:
Security, Regional Cooperation, Treaties and Agreements, European Union, and Peace
Political Geography:
Europe

105. Domestic Politics Force India's Withdrawal from RCEP and Broader Trade Disengagement

Author:
Amitendu Palit
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
East-West Center
Abstract:
The Regional Comprehensive Economic Partnership (RCEP) negotiations concluded at the ASEAN Summit in Bangkok on November 4, 2019. Fifteen RCEP members, including the ten-ASEAN countries, and Australia, China, Japan, Korea and New Zealand, agreed to commence preparation of the legal text of the agreement for signing in 2020. India was the only member to opt out, citing significant unresolved outstanding issues. India’s decision was surprising as it actively participated in the negotiations that lasted for 29 rounds and went on for more than six years since beginning in 2013. Domestic pressures forced Prime Minister Modi to withdraw India from RCEP at the last minute. It also points to disengagement becoming the prominent character of India’s trade policy as domestic protectionist interests successfully undermine outward-oriented economic visions.
Topic:
Politics, Treaties and Agreements, Economy, Trade, and ASEAN
Political Geography:
China, India, and Asia

106. Diplomacy, the Eritrea-Ethiopia Peace Deal and its Implications

Author:
Michael Asiedu
Publication Date:
01-2019
Content Type:
Policy Brief
Institution:
Global Political Trends Center
Abstract:
On 5 June 2018, Ethiopia’s ruling coalition; Ethiopian People’s Revolutionary Democratic Front (EPRDF) under its new leader, Prime Minister Abiy Ahmed declared that it shall accept the terms of a peace agreement with neighbouring Eritrea. The announcement came as a shock both to the international community and analysts who follow politics in the Horn of Africa. Beneath the declaration were years of silent diplomatic undertakings which have been given relatively lesser attention as the charismatic nature of Ethiopia’s new Prime Minister has taken centre stage. This Brief shall emphasize the role of diplomacy in the build-up to the announcement as well as the unique nature of Prime Minister Ahmed; in doing so, it is intrinsic to capture the historical context of the border conflict, an alternative explanation to diplomacy as well as the rewards of the peace deal and its challenges (implications). The Brief concludes by making a case for diplomacy as it still remains a viable factor in terms of conflict resolution in Africa.
Topic:
Conflict Resolution, Diplomacy, Treaties and Agreements, and Peace
Political Geography:
Africa, Ethiopia, and Eritrea

107. Renewed Arms Race, the NPT, and the New Start Treaty After the End of the INF Treaty

Author:
Elif Beyza Karaalioğlu
Publication Date:
06-2019
Content Type:
Policy Brief
Institution:
Global Political Trends Center
Abstract:
The U.S. decision to withdraw from the Intermediate-Range Nuclear Forces (INF) Treaty left world observing about what might happen next. Indeed, the demise of the INF Treaty points out to an uncertainty on arms control and it brings new questions regarding international security. In the light of recent developments on the INF Treaty, this study attempts to make an analysis on the possible impacts of the end of the INF Treaty on international security. This study argues that the collapse of the INF Treaty raise concerns for renewed arms race and the withdrawal from the INF Treaty inevitably brings other treaties such as the NPT and the New START into close consideration.
Topic:
Arms Control and Proliferation, Treaties and Agreements, and Nuclear Power
Political Geography:
Russia, North America, Global Focus, and United States of America

108. An Analysis of the Treaty on the Prohibition of Nuclear Weapons in Light of its Form as a Framework Agreement

Author:
Monika Subritzky
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Nuclear weapons present a unique problem and risk to global safety and security. The destructive capability of nuclear weapons, which extends beyond intended targets, is what sets these weapons apart from all else; they are sui generis. These weapons are indiscriminate in both their scale of destruction, which cannot be said to involve proportionate force, and in their residual effects of radioactive fallout, which some scholars have equated to the effect of a poisoned weapon.1 The Treaty on the Prohibition of Nuclear Weapons (TPNW) was adopted at the United Nations Headquarters on 7 July 2017, with 122 States voting in favour of the final draft, one voting against, and one abstaining.2 As of July 2019, the Treaty has twenty-three parties and seventy signatories.3 It is currently not in force as it requires ratification by a minimum of fifty States in order to come into effect.4 The core prohibitions of the Treaty are set out in its first Article, in which State parties agree to never develop, acquire, use or threaten to use, transfer, or stockpile nuclear weapons. What the Treaty does not do, however, is directly eliminate any nuclear weapons; a challenging task in itself considering that none of the current possessors of nuclear weapons even partook in the negotiation of the Treaty. State parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) have obligations under Article VI to undertake negotiations on effective measures leading to disarmament.5 Against a backdrop of little discernible progress on the implementation of Article VI over the last fifty years, Ireland, on behalf of the New Agenda Coalition, submitted a Working Paper outlining possible pathways to nuclear disarmament in an effort to fulfil the provisions of Article VI.6 These pathways were debated in 2016 during the Open-Ended Working Group (OEWG), which was set up for the purpose of providing a forum for discussion regarding advancing nuclear disarmament. The argument of this paper is that the TPNW has the potential to function radically as a disarmament mechanism. At first glance, the Treaty appears to fit within the second pathway outlined in the Irish Working Paper, effectively functioning as a simple Ban Treaty. However, a careful analysis reveals that it more neatly fits into the third pathway – a framework arrangement. It is this characteristic which makes the TPNW a novel and profound instrument as well as a potential foundational solution to the problem of nuclear weapons. The core section of the paper is divided into two parts. The first delves into the three main pathways discussed in the Irish Working Paper and analyzes how well each of the proposals can address the problem of achieving nuclear disarmament. As suggested by Brazil in the OEWG debates in 2016, three categories are key in establishing the degree to which each pathway can achieve progress in achieving nuclear disarmament – universality, effectiveness, and political viability.7 All nuclear disarmament treaties must intend to be universal in light of the humanitarian consequences of their usage. However, a disarmament treaty can be successful with universality as one of its objectives, rather than a precondition. Widespread support for a treaty also lends to its effectiveness, as do mechanisms for verification and enforcement.8 The political viability of a treaty is key as, without the willing participation of governments, proposals can easily be discarded. The analysis is centred on these categories. The second core part of the paper analyzes the structure of the TPNW with a focus on Articles 4 and 8. It demonstrates that the TPNW surreptitiously functions as a framework agreement and that this attribute has enormous value, both in practice and in shaping norms. The flexibility and adaptability of framework agreements is what makes them the most suitable mechanisms for nuclear disarmament.
Topic:
Diplomacy, Nuclear Weapons, Treaties and Agreements, Military Strategy, and Denuclearization
Political Geography:
Global Focus

109. 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

110. Evaluating the Zero Draft on a UN Treaty on Business and Human Rights: What Does it Regulate and how Likely is its Adoption by States/

Author:
Julia Bialek
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Infringements of human rights through the actions of transnational corporations are common in our globalizing world. While the international community has undertaken numerous attempts to hold private corporations responsible for their actions, only soft law instruments govern this area of public international law. Only recently, a first draft was released for a Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and Other Business Enterprises, also known as the Zero Draft. This article argues that the Zero Draft, while based on contemporary international law, represents a positive first step in the treaty-making process, but it still needs specification and clarification in order to close the gap in human rights protection effectively. First outlining the need for a closure of the gap in human rights protection, this article then closely examines the content of the Zero Draft. To that end, an in-depth analysis of the core provisions of the Draft is offered, especially focusing on the rights of victims, the prevention of human rights infringements, and corporate liability. Furthermore, this article analyzes current State practice and the expectations of the international community towards a legally binding instrument on the topic of business and human rights. Significantly, this article also compares the Zero Draft to existing soft law and previous recommendations on how to close the gap in a binding manner. Finally, the article concludes that, by indirectly holding companies accountable without depriving States of their sovereign power over their companies, the Zero Draft has the potential to be implemented as a future Treaty on Business and Human Rights.
Topic:
Globalization, Human Rights, Treaties and Agreements, and transnationalism
Political Geography:
Global Focus