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241. Humanity Considerations Cannot Reduce Wars Hazards Alone: Revitalizing the Concept of Military Necessity

Author:
Yishai Beer
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
The exercise of brute force by militaries, though common, reflects professional incompetency. A well-trained military has an inherent interest in enhancing its operational effectiveness and constraining unnecessary brutality. The law of armed conflict, however, generally ignores the constraining effect of the necessity principle, originally intended to allow only the minimally necessary use of force on the battlefield. Consequently, the prevailing law places the burden of restricting the exercise of brute military force upon humanitarian considerations (and the specific norms derived from them). Humanity alone, however, cannot deliver the goods and substantially reduce war’s hazards. This article challenges the current dichotomy between the two pillars – mistakenly assumed to be polar opposites – of the law of armed conflict: necessity and humanity. It calls for the transformation of the military’s self-imposed professional constraining standards into a revised legal standard of necessity. Though the necessity principle justifies the mere use of lethal force, it should not only facilitate wielding the military sword but also function simultaneously as a shield, protecting combatants and non-combatants alike from excessive brutality. The suggested transformation would bind and restrain the prospective exercisers of excessive force, political and military alike, and restrict the potential damage that might be caused both intentionally (to combatants) and collaterally (to non-combatants). The combined effect of the current changes in war’s pattern and the law of armed conflict, in the military and social thinking of recent decades, and the new strategies available due to the development of new military technologies have all created a new war environment – one that may be ready to leverage the constraining potential of military professionalism into a binding legal standard and norms.
Topic:
Conflict Prevention, International Law, Treaties and Agreements, and War
Political Geography:
Russia, United States, and Europe

242. Surabhi Ranganathan. Strategically Created Treaty Conflicts and the Politics of International Law

Author:
Sabrina Safrin
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
Treaty conflicts may be inevitable, but what do we make of conflict by design? In Strategically Created Treaty Conflicts and the Politics of International Law, Surabhi Ranganathan thoughtfully explores nations’ purposeful creation of conflicts between treaties to advance their political goals and to restrict the impact of treaties to which they object. Essentially, states fight legal fire with legal fire. If they object to a multilateral treaty regime, they create another regime that effectively conflicts with, or cabins, the treaty regime that they object to rather than simply walking away.
Topic:
International Law, Treaties and Agreements, Book Review, and Law of the Sea
Political Geography:
Europe and United States of America

243. M. Sornarajah. Resistance and Change in the International Law on Foreign Investment

Author:
Harm Schepel
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
In 1994, Muthucumaraswamy Sornarajah published the first edition of his treatise, The International Law on Foreign Investment. There, he sought to demonstrate that investment law as a separate branch of international law was ‘in the process of development’ and could and should be isolated for separate study. Organizing his material from the disparate sources of domestic law, contract-based arbitration and public international law along the overarching tension between the interests of developing countries and those of traditionally capital-exporting states, his stated aim was to ‘help in the identification of the nature of the disputes’, which would lead, in turn, to the ‘formulation of acceptable solutions’. The treatise was a well-timed pioneering effort that rightfully earned the author a lasting reputation as one of the founding fathers and towering figures of the academic discipline. There seems to be no one better placed, then, to ask, 20 years on, what happened or, rather, what went wrong. Investment law has developed with breathtaking speed into a (very) separate branch of international law – yes – but almost entirely on the waves of treaty-based investor–state arbitration, which has all but eclipsed contractual and domestic processes, at least in terms of academic interest. And this system has, in the eyes of Sornarajah and many others, rather spectacularly failed to lead to ‘acceptable solutions’, especially for developing countries.
Topic:
International Law, Treaties and Agreements, Foreign Direct Investment, Neoliberalism, and Book Review
Political Geography:
Europe and United States of America

244. New Trends in Sino-Pak Defence and Strategic Relations since 9/11: Indian Concern

Author:
Zahid Ali Khan and Shabir Ahmad
Publication Date:
07-2015
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Pakistan relations with China remain a cornerstone of Pakistan’s foreign Policy. Their common views, perceptions, approaches, and policies at the regional and global level made them a durable friends, allies and partners. Their hostility towards India, their support each other in wars against India, and the conclusion of different agreements further strengthened their bilateral mutual relations between these two countries. And above all, China’s moral, diplomatic, political, financial, and military support since 1971 proved a great source of consolation and encouragement to Pakistan in the difficult hours. In the changing global scenario since 9/11, witnessed drastic improvement in Sino-Pak military and strategic relations. Exchange of visits by high leaderships and other dignitaries, their growing coordination in Indian Ocean, Arabian Sea, Persian Gulf and Gwadar, the signing of naval and military agreements, their missiles and nuclear cooperation, provided both the countries with opportunity to counterweight India’s growing hegemony and supremacy. On her part, India is trying its best to frustrate the growing Sino- Pak Defence nexus by using a variety of tactics in order to protect and safeguard her interest in the region.
Topic:
Defense Policy, Regional Cooperation, Treaties and Agreements, Military Strategy, Weapons, Alliance, Oceans and Seas, and 9/11
Political Geography:
Pakistan, China, South Asia, India, Asia, and United States of America

245. Creating Korea's Future Economy: Innovation, Growth, and Korea-US Economic Relations

Author:
Sean P. Connell
Publication Date:
01-2014
Content Type:
Policy Brief
Institution:
East-West Center
Abstract:
The Korean government's "creative economy" agenda reflects growing consensus that Korea's future growth and prosperity depends on its ability to become a global leader in developing and commercializing innovative new products, services, and business models. To succeed, the Korean government must address regulatory, structural, educational, and cultural obstacles that have constrained Korea's ability to fully utilize its innovative capacities. This new emphasis on innovation brings Korea into closer alignment with the United States, which has long focused on innovation in its growth strategies. Moreover, it comes during the early stages of implementation of the US-Korea Free Trade Agreement (KORUS), which intersects with important areas of Korea's innovation framework policies. Policymakers, businesses, and researchers in both countries should examine potential new opportunities to increase cooperation around initiatives aimed at fostering innovation and growth, both within the bilateral context and at a global level.
Topic:
Economics, Industrial Policy, International Trade and Finance, Treaties and Agreements, and Bilateral Relations
Political Geography:
United States

246. In the Crossfire: Islamists' Travails in Tunisia

Author:
Anouar Boukhars
Publication Date:
01-2014
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Tunisia is struggling with insecurity, social tensions, and ideological divisions three years after President Zine El-Abidine Ben Ali was ousted during a popular uprising. But the country is making progress on the path to democracy. Islamist and secular politicians have struck a potentially landmark agreement that could get Tunisia's democratic transition back on track. To solidify gains and ensure that a successful Tunisian experiment reverberates across the Arab world, socioeconomic struggles that fuel protests and radicalism must be confronted.
Topic:
Conflict Resolution, Security, Democratization, and Treaties and Agreements
Political Geography:
Arabia, North Africa, and Tunisia

247. Left in the Cold? The ELN and Colombia's Peace Talks

Publication Date:
02-2014
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Whether the National Liberation Army (ELN) joins the current peace process is one of the biggest uncertainties around Colombia's historic opportunity to end decades of deadly conflict. Exploratory contacts continue, and pressure to advance decisively is growing, as the Havana negotiations with the larger Revolutionary Armed Forces of Colombia (FARC) approach a decisive point. However, hopes fresh negotiations with the second insurgency were imminent were repeatedly dashed in 2013. Agreeing on an agenda and procedures that satisfy the ELN and are consistent with the Havana frame-work will not be easy. The ELN thinks the government needs to make an overture or risk ongoing conflict; the government believes the ELN must show flexibility or risk being left out. But delay is in neither's long-term interest. A process from which the ELN is missing or to which it comes late would lack an essential element for the construction of sustainable peace. Both sides, therefore, should shift gears to open negotiations soonest, without waiting for a perfect alignment of stars in the long 2014 electoral season.
Topic:
Conflict Resolution, Treaties and Agreements, War on Drugs, Insurgency, and Narcotics Trafficking
Political Geography:
Colombia and Latin America

248. Compounding Uncertainty in Afghanistan: Economic Consequences of Delay in Signing the Bilateral Security Agreement

Author:
Casey Garret Johnson, William A. Byrd, and Sanaullah Tasal
Publication Date:
02-2014
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The still unsigned Bilateral Security Agreement (BSA) between Afghanistan and the United States provides the legal basis for continuing U.S. military presence in Afghanistan. In addition to its substantive importance, the BSA is also a confidence-building mechanism. The delay in putting it in place is compounding uncertainty and further diminishing economic confidence during Afghanistan's already challenging and uncertain transition. Afghans' responses include, among others, hedging behavior (legal and illegal), personal decisions on whether to come back to or stay in Afghanistan, delays in investments, incipient job losses, declining demand for goods and services and real estate prices, and farmers planting more opium poppy.
Topic:
Defense Policy, Democratization, Development, Treaties and Agreements, Insurgency, and Bilateral Relations
Political Geography:
Afghanistan, United States, and Asia

249. Multilateral investment disciplines: Don't forget the GATS

Author:
Rudolf Adlung
Publication Date:
03-2014
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
A number of recent studies have discussed the implications of most-favored-nation (MFN) clauses in bilateral investment treaties (BIT s) and the possible need for, and role of, a multilateral framework for investment. Surprisingly, the relevance of existing multilateral disciplines, in particular under the General Agreement on Trade in Services (GATS), is seldom acknowledged in this context.
Topic:
Economics, International Trade and Finance, Treaties and Agreements, and Foreign Direct Investment

250. The case for a framework agreement on investment

Author:
Gary Hufbauer and Sherry Stephenson
Publication Date:
03-2014
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
In Columbia FDI Perspectives, No. 102, Axel Berger claimed that the debate over a multilateral framework for investment is futile. We disagree. Following its achievements at the 9th Ministerial Conference in Bali, Indonesia, the World Trade Organization (WTO) should launch negotiations to draft a 21st century Investment Framework Agreement (IFA).
Topic:
Economics, International Trade and Finance, Markets, Treaties and Agreements, and Foreign Direct Investment
Political Geography:
Colombia