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441. Where Do We Stand in the Field of Nuclear Disarmament: What Is Next After the New START

Author:
Nurşin Ateşoğlu Güney
Publication Date:
06-2011
Content Type:
Policy Brief
Institution:
Global Political Trends Center
Abstract:
The New Strategic Arms Reduction Treaty (START) agreement, without any doubt, has started a new debate on whether the international community has finally entered a renaissance in the field of disarmament after a long period of stalemate. In this regard, the New START agreement, together with the New York Nuclear Safety Summit of 2010 and the NPT Review Conference of 2010, seems to be creating a rather positive atmosphere. Yet, if one examines the discussions that took place at the US and the Russian parliament's before and after the ratification of the New START, he/she will come to the conclusion that the progress on nuclear disarmament, at the levels of both strategic and nonstrategic weapons, will not be an easy one. The situation will remain unchanged unless certain contentious military issues between Washington and Moscow are somehow resolved. In this regard, the next round of the New START agreement will be crucial. This situation will not only affect the future of the US and the Russian militaries' relationships to one another, but it will also change the balance of relations among the nuclear “haves” and “have nots” of the NPT Treaty. It is, therefore, expected that the NPT's two tracks, namely disarmament and nuclear nonproliferation, will be affected either in a positive or negative way in the future, depending on the evolution of the post New START era. Within this perspective, the possibility that US and Russia will implement new disarmament agreements has gained utmost importance in the aftermath of the New START for the future implications of the US President Barack Obama's “Global Zero Policy.
Topic:
Arms Control and Proliferation, Nuclear Weapons, and Treaties and Agreements
Political Geography:
Russia, United States, and New York

442. Investment Treaty Arbitration and Developing Countries: A Re-Appraisal

Author:
Kevin P. Gallagher and Elen Shrestha
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Global Development and Environment Institute at Tufts University
Abstract:
There is an ongoing debate about bilateral investment treaties (BITs) – and investor-state arbitration, in particular – between those who maintain that BITs encourage investment in developing countries by providing enforceable rights and protections for investors, and There is an ongoing debate about bilateral investment treaties (BITs) – and investor - state arbitration, in particular – between those who maintain that BITs encourage investment in developing countries by providing enforceable rights and protections for investors, and those who suspect that these new rights and protections have a chilling effect on regulation for public and environmental welfare and actually hinder development. For years, both ―camps‖ have drawn heavily upon anecdotal evidence and observations to support their view, as no systematic, comprehensive study of empirical data on investment arbitrations had been undertaken. To fill this void, legal scholar Susan Franck has evaluated the criticisms of investment arbitration based on empirical studies of published or known disputes (Franck 2009; Franck 2007) . These efforts produced helpful data and initiated a productive discussion of these issues . However, the results and conclusions that can be drawn from Franck's work are more limited and warrant more nuance than Franck and others so far have taken into account. Franck's work is now widely used to support the notion that developing countries do not disproportionately ―lose‖ under the investment arbitration regime. Such a conclusion does not appear to be supported by Franck's data. This article analyzes Franck's work to show where differing conclusions emerge. We show that: 1) there is a lack of adequate sample composition and size to conduct rigorous empirical work from which an analyst could draw such bold lesson s; 2) discounting the fact that developing countries are subject to a disproportionate number of claims is not to be over looked, especially when looking at claims by the United States; and 3) relative to government budgets and in per capita terms developing countries pay significantly more in damages than developed nations do.
Topic:
Development, Treaties and Agreements, Bilateral Relations, and Foreign Direct Investment

443. Rehashed Commission Delegations or Real Embassies? EU Delegations Post-Lisbon

Author:
Michele Comelli and Raffaello Matarazzo
Publication Date:
07-2011
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
The entry into force of the Lisbon Treaty and the creation of the European External Action Service (EEAS) have transformed the delegations of the EU abroad which are the face of the EU in third countries and in international organisations. Previously they dealt with trade and aid only, now they also deal with foreign and security policy, coordinating and representing the positions of the EU in third countries. This is an important innovation, but one which poses new challenges. In addition, EU delegations to international organizations are confronted with specific problems: the member states' reluctance to recognize the new competences conferred by the Treaty to the EU and the discrepancies between the new provisions of the EU's external representation and the internal procedures of international organizations themselves. In order to use all the space for manoeuvre provided for by the Treaty EU delegations must pursue a double objective: further adapting the EU's external representation to the procedures of the main international organizations; and promoting deeper coordination between the EU and the member states, particularly when shared competences are at stake.
Topic:
International Organization, Regional Cooperation, and Treaties and Agreements
Political Geography:
Europe and Lisbon

444. The European Union and the Reform of the UN Security Council: Toward a New Regionalism?

Author:
Natalino Ronzitti and Nicoletta Pirozzi
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
The United Nations (UN) is a central reference for the performance of the European Union (EU) on the international stage and one of the most interesting platforms to test the effectiveness of the innovations introduced by the Lisbon Treaty in its foreign and security policies. In particular, the EU's contribution to the reform of the UN Security Council (UNSC) represents a crucial policy and institutional input to assess the Union's capability to act. The new Treaty could allow the EU to play a more assertive role at the SC and pave the way for a new regionalism within the United Nations.
Topic:
Security, Foreign Policy, Regional Cooperation, Treaties and Agreements, and United Nations
Political Geography:
Europe

445. How Israel Can Turn the Unrest in the Middle East into an Opportunity for Peacemaking

Author:
Massimiliano Fiore
Publication Date:
03-2011
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
Only a few weeks ago, no one could have believed that what the peoples of Tunisia and Egypt accomplished was possible: they defied their dictators and won, causing worldwide euphoria and celebration. Yet, while such activism has inspired fellow Arabs throughout the region, it has been met with fear and trepidation in Israel. Mubarak's downfall, combined with the growing unrest in the Middle East, makes it vital for Israel to recalibrate its strategies toward its neighbouring Arab states. Many political analysts believe that this is the ideal moment for Israel to push hard for resuming the stalled peace process with the Palestinians. Yet it is unrealistic to think that a comprehensive agreement can be reached at this time. While the Israeli-Palestinian peace track is very troubled, the Israeli-Syrian track seems more within reach, and in the vital interests of both countries.
Topic:
Peace Studies and Treaties and Agreements
Political Geography:
Middle East, Israel, Arabia, Syria, Egypt, and Tunisia

446. Curb Your Enthusiasm: Israel and Palestine after the UN

Publication Date:
09-2011
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
In diplomatic lexicon, September 2011 is shorthand for a Palestinian statehood bid at the UN, ensuing Israeli and U.S. retaliation and, in fine, a train-wreck. There are legitimate fears about the fallout, but obsession with what will happen at the UN and the disproportionate energy invested in aborting it are getting in the way of clear thinking. This could well produce a cure more lethal than the ailment. Were Palestinian President Abbas to back down, he could decisively discredit his leadership, embolden his foes and trigger unrest among his people; quickly resuming peace talks as an alternative could lead to a breakdown with consequences far graver than anything that effort might induce. The focus should be on shaping a UN outcome that produces tangible gain for the Palestinians in their quest for statehood while providing some reassurance to Israelis, minimises risks of violence or the Palestinian Authority's collapse and enshrines core principles for a two-state solution. With little time remaining, the burden has shifted to the EU to craft this compromise. It has long sought that role. Now it must live up to it.
Topic:
Peace Studies, Treaties and Agreements, and Territorial Disputes
Political Geography:
Israel and Arabia

447. R2P: Perceptions and Misperceptions

Publication Date:
06-2011
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The core underlying idea that states have an obligation to protect men and women from the worst atrocities is well established. Basic human rights principles were adopted in the UN Charter and the Universal Declaration of Human Rights, and there is a substantial body of international human rights law. The United Nations adopted the Convention on Genocide in 1948. The protection of civilians during armed conflict is well established in international humanitarian law. But with the advent of R2P, the international community accepted for the first time the collective responsibility to act should states fail to protect citizens from genocide, ethnic cleansing, war crimes, or crimes against humanity. R2P thus imposes two obligations—the first upon each state individually, the second on the international community of states collectively. With the embrace of the responsibility to protect, a long and unresolved debate over whether to act became, instead, a discussion about how and when to act.
Topic:
Human Rights, Human Welfare, International Law, Treaties and Agreements, and United Nations

448. After the Quartet Statement: Is Abbas the Odd Man Out?

Author:
David Makovsky
Publication Date:
09-2011
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
In the wake of the UN speeches and Netanyahu's acceptance of unconditional talks, Abbas now seems to be the odd man out, though renewed Israeli construction in east Jerusalem could alter that dynamic.
Topic:
Conflict Resolution, Treaties and Agreements, United Nations, and Peacekeeping
Political Geography:
Arabia

449. The Palestinian Bid for UN Membership: Rationale, Response, Repercussions

Author:
David Makovsky, Ghaith al-Omari, and Amos Yadlin
Publication Date:
09-2011
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
The Palestinian decision to appeal to the UN is rooted in frustration with Israeli prime minister Binyamin Netanyahu's government and the conviction that negotiations are futile at the moment. Furthermore, they believe that President Obama's efforts, while admirable, will not produce results. These beliefs -- combined with the sense of urgency imparted by the Arab Spring and the growing perception that the Palestinian leadership can no longer back down from the initiative -- makes it likely that they will head to the UN this month as planned.
Topic:
Conflict Resolution, Diplomacy, Treaties and Agreements, and Self Determination
Political Geography:
Middle East, Arabia, and United Nations

450. The Israeli-Palestinian conflict – The need for an international solution

Author:
Helle Malmvig and Leila Stockmarr
Publication Date:
10-2011
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies
Abstract:
If the Middle East Quartet is to regain its relevance and the Obama Administration to deliver on its promise of a New Beginning, a new internationally-sanctioned framework is long overdue.
Topic:
Peace Studies and Treaties and Agreements
Political Geography:
Middle East, Israel, Palestine, and Arabia