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481. The Philippines: Back to the Table, Warily, in Mindanao

Publication Date:
03-2011
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Peace talks between the Philippine government and the Moro Islamic Liberation Front (MILF) are back on track, with one round of talks in Kuala Lumpur in February 2011 and another scheduled for late April. The obstacles to achieving a final peace are huge, but the administration of President Benigno S. “Noynoy” Aquino III has at least brought some fresh air to the process. A new government peace panel seems determined to find a way out of a negotiator's nightmare: multiple parties engaged in parallel and sometimes contradictory talks; powerful potential spoilers; and ethnic divisions, feuding clans and divergent political interests among the Bangsamoro – the Muslims of Mindanao and the Sulu archipelago – that make unity within the MILF's own constituency elusive.
Topic:
Islam, Peace Studies, Treaties and Agreements, and Insurgency
Political Geography:
Israel, Philippines, and Kuala Lumpur

482. Planning Ahead for a Peacekeeping Mission on the Golan Heights: a Role for NATO?

Author:
Celine Touboul
Publication Date:
09-2011
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
This research aims at examining whether NATO could be the provider of an international force to supervise the implementation of an Israeli-Syrian peace treaty. It proceeds by outlining the main characteristics of the peacekeeping mission needed for that task, based on the likely provisions of the future Israeli-Syrian peace treaty.
Topic:
Foreign Policy, Diplomacy, International Cooperation, Treaties and Agreements, and Peacekeeping
Political Geography:
Middle East, Israel, and Syria

483. TACIT AMENDMENTS

Author:
Oona A. Hathaway, Haley Nix, Saurrabh Sanghvi, and Sara Solow
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
As a general rule, the President is “‘without authority, except by and with the advice and consent of the Senate, to modify a treaty provision.’”2 Thus, in amending a treaty, parties effectively sign and ratify a new treaty, to which the standard treaty processes apply. However, numerous treaties have established procedures for modifications to the regime that do not rise to the level of formal amendments to the treaty. This report focuses on such “unratified treaty amendments”—which include what are called “tacit amendments.” Unratified amendments are amendments to treaties that are made without formal Senate ratification.3 They have proven a useful tool in creating robust treaty regimes in a changing world. Just as the use of executive agreements in general has expanded rapidly in the past century,4 treaty regimes increasingly have adopted amendment processes that do not require a full ratification process. And just as executive agreements have raised questions about Senate prerogatives, so too have unratified amendments. There are two primary ways that the U.S. government modifies underlying treaties through an unratified amendment5 —first, through the use of executive agreements; and, second, through the use of tacit amendments. Part I describes how each process works. It argues that both pass constitutional muster so long as the Senate has provided its clear advice and consent to the use of such processes (although not necessarily to the substance of the modifications) in the first instance. Part II outlines and evaluates the various ways in which the Senate has responded to attempts to modify treaties by executive agreement or by tacit amendment in the past. It concludes that the Senate’s requirements of prior notice and its focus on technical provisions, while not always easy to achieve in practice, are sensible ways to maintain Senate prerogatives. Part III concludes.
Topic:
Foreign Policy, Treaties and Agreements, Domestic politics, and Federalism
Political Geography:
North America and United States of America

484. Prospects for the Resumption of Israeli-Palestinian Peace Talks

Author:
David Makovsky
Publication Date:
01-2010
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
U.S. Middle East peace envoy George Mitchell will return to the region next week in a bid to restart talks that have been stalled since the beginning of the Obama administration. In a television interview earlier this month, Mitchell declared that he would like to complete peace talks between Israel and the Palestinians within two years, if not sooner. Senior U.S. officials, including President Obama, have called for an unconditional return to the negotiating table. The official position of Palestinian president Mahmoud Abbas is that talks cannot resume until Israel extends its settlement moratorium to east Jerusalem. He also wants the pre-1967 boundaries to serve as the baseline for negotiations. At the same time, he has made a statement indicating that he regrets how he reached his current position, hinting that the current impasse does not serve the Palestinian people's interests. Is there more convergence between the two sides than is readily apparent?
Topic:
Conflict Resolution, Peace Studies, and Treaties and Agreements
Political Geography:
United States, Middle East, and Arabia

485. Rescuing the Peace in Southern Sudan

Author:
Maya Mailer and Lydia Poole
Publication Date:
01-2010
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
The next 12 months will be critical for the future of Sudan. As the country marks the fifth anniversary of the signing of the 2005 Comprehensive Peace Agreement that ended a devastating civil war, southern Sudan has seen a major upsurge in violence. In 2009, some 2,500 people were killed and 350,000 fled their homes. With landmark elections and a referendum on the horizon, the peace deal is fragile and the violence likely to escalate even further unless there is urgent international engagement.
Topic:
Political Violence, Civil War, Ethnic Conflict, Peace Studies, and Treaties and Agreements
Political Geography:
Sudan and Arabia

486. From Jerusalem to Ramallah: Agenda 2010

Author:
David Makovsky, Robert Satloff, and Jacob Walles
Publication Date:
02-2010
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
The absence of Israeli-Palestinian negotiations over the past year is both surprising and troubling given the high priority President Obama assigned to resolving the conflict. The failure to resume talks stems largely from a lack of urgency on both sides.
Topic:
Conflict Resolution and Treaties and Agreements
Political Geography:
Middle East, Israel, Palestine, Jerusalem, and Arab Countries

487. The Long Arm of Lashkar-e-Taiba

Author:
Stephen Tankel
Publication Date:
02-2010
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
In his February 2 testimony before the Senate Intelligence Committee, Director of National Intelligence Dennis Blair highlighted the growing danger posed by Pakistani militant organization Lashkar-e-Taiba (LeT). Calling the group a "special case," he asserted that it is "becoming more of a direct threat and is placing Western targets in Europe in its sights." He also expressed concern that it could "actively embrace" a more anti-Western agenda. Given its global capabilities with regard to fundraising, logistics, support, and operations, LeT could pose a serious threat to U.S. interests. Consequently, weakening it should be a high priority for Washington.
Topic:
Conflict Resolution and Treaties and Agreements
Political Geography:
Europe, Washington, Middle East, and Arabia

488. U.S.-Mexico Homeland Defense: A Compatible Interface

Author:
Victor E. Renuart, Jr. and Biff Baker
Publication Date:
02-2010
Content Type:
Working Paper
Abstract:
The United States and Mexico share a common history shaped by military incursions during the 19th and early 20th centuries. The bond between the American and Mexican people, however, has continued to grow closer over time despite occasional negative rhetoric from politicians in Washington, DC, and Mexico City. At local and state levels, relations solidified through the closely knit fabric of our border towns, intermarriage between families on each side of the border, and the development of infrastructure (to include water, wastewater, and gas and electricity utilities) that serves communities to the north and south. At the national level, our relationship became closer due to economic growth resulting from the North American Free Trade Agreement (NAFTA), which now accounts for almost $1 billion (U.S. dollars) in trade per day between the two countries.
Topic:
Security, International Trade and Finance, and Treaties and Agreements
Political Geography:
United States, America, Washington, Latin America, North America, and Mexico

489. Where was united Africa in the climate change negotiations?

Author:
Jean-Christophe Hoste
Publication Date:
02-2010
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
A political commitment was reached in Copenhagen between five countries: US, China, India Brazil and South Africa. The rest of the conference simply “took note of it”, most with resignation, many with anger. This policy brief will have a closer look at the climate change negotiations from an African perspective. It will try to answer three questions to see whether the outcome of the negotiations was as unacceptable as South Africa said it was. First, what was the African Common Position and what were some of their demands? Second, how did the negotiating strategy to defend the African Common Position on climate change evolve? Third, why did South Africa call the agreement it negotiated with the US, China and India unacceptable but did it not decline to be part of that deal?
Topic:
Climate Change, Environment, Globalization, International Cooperation, Politics, and Treaties and Agreements
Political Geography:
United States, China, India, South Africa, and Brazil

490. Kosovo and Serbia after the ICJ Opinion

Publication Date:
08-2010
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
In the wake of the July 2010 International Court of Justice (ICJ) advisory opinion on the legality of Kosovo's declaration of independence, Kosovo and Serbia have an opportunity to resolve differences, establish bilateral relations and unblock their paths to greater European Union (EU) integration. The obstacles are formidable, including mutual suspicion, incompatible agendas and uncertainties about the true goals of each. Failure to negotiate in the next months would probably freeze the conflict for several years, as the parties entered electoral cycles, during which the dispute would likely be used to mobilise nationalist opinion and deflect criticism of domestic corruption and government failures. Enough has changed recently, especially the development of more realistic if not yet fully public attitudes in Belgrade and Pristina, to suggest a win-win solution is possible. Without preconditions and facilitated in particular by the EU, Kosovo and Serbia should promptly open talks with the aim of reaching as comprehensive a compromise settlement as possible.
Topic:
Treaties and Agreements and Bilateral Relations
Political Geography:
Europe, Kosovo, Serbia, Balkans, and Southern Serbia