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1601. Divesting From Sectarianism: Reimagining Relations Between Iran And The Arab Gulf States

Author:
Hamada D. Zahawi and Khaled A. Beydoun
Publication Date:
05-2016
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
Until recently, Iran has been economically isolated by way of sanctions, preempting investment opportunities with states allied with the United States. However, the Obama administration’s recent effort towards economic normalization with Iran affords it with unprecedented commercial possibilities, and per the focus of this article, legalized commercial enterprising within Saudi Arabia, the United Arab Emirates, and other Gulf Cooperation Council (GCC) States—across sectarian tensions and fault lines. From both a legal and practical prism, this article investigates the recent lifting of sanctions, which opens the door for Iran’s investment within neighboring states including the GCC. Subsequently, it analyzes how commercial investment and the reciprocal advancement of economic interests offers a promising pathway toward eroding political standoffs, economic inequities, and the politicization of sectarianism. In closing, the article addresses salient challenges that may hinder the potential of this economic rapprochement, and ways forward.
Topic:
Diplomacy, Regional Cooperation, Sanctions, and Investment
Political Geography:
Iran, Middle East, Persian Gulf, and Gulf Nations

1602. Schrödinger’s Kurds: Transnational Kurdish Geopolitics In The Age Of Shifting Borders

Author:
H. Akin Unver
Publication Date:
05-2016
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
As the Middle East goes through one of its most historic, yet painful episodes, the fate of the region’s Kurds have drawn substantial interest. Transnational Kurdish awakening—both political and armed—has attracted unprecedented global interest as individual Kurdish minorities across four countries, Turkey, Iraq, Iran, and Syria, have begun to shake their respective political status quo in various ways. It is in Syria that the Kurds have made perhaps their largest impact, largely owing to the intensification of the civil war and the breakdown of state authority along Kurdish-dominated northern borderlands. However, in Turkey, Iraq, and Iran too, Kurds are searching for a new status quo, using multiple and sometimes mutually defeating methods. This article looks at the future of the Kurds in the Middle East through a geopolitical approach. It begins with an exposition of the Kurds’ geographical history and politics, emphasizing the natural anchor provided by the Taurus and Zagros mountains. That anchor, history tells us, has both rendered the Kurds extremely resilient to systemic changes to larger states in their environment, and also provided hindrance to the materialization of a unified Kurdish political will. Then, the article assesses the theoretical relationship between weak states and strong non-states, and examines why the weakening of state authority in Syria has created a spillover effect on all Kurds in its neighborhood. In addition to discussing classical geopolitics, the article also reflects upon demography, tribalism, Islam, and socialism as additional variables that add and expand the debate of Kurdish geopolitics. The article also takes a big-data approach to Kurdish geopolitics by introducing a new geopolitical research methodology, using large-volume and rapid-processed entity extraction and recognition algorithms to convert data into heat maps that reveal the general pattern of Kurdish geopolitics in transition across four host countries.
Topic:
Regional Cooperation, Geopolitics, Borders, and Translation
Political Geography:
Iraq, Iran, Turkey, Middle East, Syria, and Kurdistan

1603. Youth, Peace, And Security: A New Agenda for the Middle East and North Africa

Author:
Margaret Williams
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
The important role of young people in building peace and challenging violent extremism is gaining recognition within the international community. The United Nations Security Resolution on Youth, Peace, and Security (SCR 2250), passed in December 2015, is evidence of this trend. It represents a shift from the dichotomy of youth as either perpetrators or victims of violence to a perspective in which youth are viewed as agents of positive change and peace. In moving forward with this resolution and similarly reflective and supportive policy, one of the greatest challenges for the Middle East and North Africa will be the current geopolitical context and obstacles to opportunity. In a region fraught with conflict, stemming from domestic and foreign policies, as well as a history of unrepresentative and repressive governance systems, leaders have often sought to maintain the status quo. This is a problem in a region where more than 30 percent of the population is between 15 and 29 years of age, and are increasingly frustrated with and stymied by a lack of meaningful political space—leading to lost faith in political systems.1 In such a setting, regional policymakers must be challenged to meaningfully incorporate young people into decisionmaking processes, to ensure that peacebuilding programs target young people early on in their development, to avoid the securitization of youth in the development and implementation of national and local policies, and to address the underlying social, economic, and political grievances that often drive extremism and impact young people’s relationships with their communities and states.
Topic:
Security, Youth, Peace, and Young Adults
Political Geography:
Africa, Middle East, and North Africa

1604. A National Strategic Framework for Countering Violent Extremism in Jordan

Author:
Ghimar Deeb, Jeffrey Woodham, Mia Chin, and Sawsan Gharaibeh
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
Following the uprisings in the Arab world, the region has lurched into a period of massive change and instability. An unfortunate consequence of this change has been the rise and proliferation of militant groups such as ISIS (Islamic State in Iraq and al-Sham) and Jubhat al-Nusra in Iraq and Syria. These militant groups successfully recruit members from the region and beyond, fueling conflict in countries that have witnessed unrest, such as Libya, Tunisia, Egypt, Yemen, Iraq, and Syria. Although Jordan has long been seen as a regional hub of stability and security, especially by its Western allies, it increasingly exhibits symptoms of the long-standing pressures exerted upon it by the surrounding conflicts, resulting refugee crises, and pre-existing domestic challenges. Jordan’s hypothetical fall into instability could have catastrophic consequences for the region, exacerbating the crises in Syria and Iraq, empowering ISIS and other militant groups, and threatening regional and global security. In response, this article offers a general framework for the expansion of the country’s nascent Counter Violent Extremism (CVE) program, including both preventative and remedial measures. Beginning with an overview of the processes of radicalization and de-radicalization, this article proceeds with a brief discussion of Jordan’s current situation before synthesizing scholarly articles and analyses of other CVE programs in order to establish a framework to guide Jordan’s developing CVE interventions.
Topic:
Terrorism, Refugee Crisis, ISIS, and Arab Spring
Political Geography:
Middle East and Jordan

1605. Exercising or Evading International Public Authority? The Many Faces of Environmental Post-Treaty Rules

Author:
Tim Staal
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Post-treaty instruments (PTIs) are informal instruments adopted by consensus of the treaty parties as follow-up decision to a particular provision in a treaty. PTIs are potentially significant instruments for advancing environmental global governance, as the treaty parties may use them to transform indeterminate treaty provisions into more specific environmental rules and decisions. While a number of PTIs are rightly characterized as exercises of authority, this article seeks to demonstrate how certain environmental PTIs with rule-setting character (‘PTRs’) amount to evasions of authority by reducing international authority over States’ environmental policies, or alleviate rather than tighten the treaty parties’ obligations, through their content or legal status. First, some PTRs avoid authoritative language, requiring little or no concrete action by the treaty parties. Some treaty-based assignments to adopt PTRs are never even acted upon. Other PTRs simply water down the obligations of the treaty parties compared to the underlying treaty provisions. Second, PTRs possess an ambiguous legal status both in legal doctrine and in the practice of domestic and EU courts. The article further argues that consensual decision-making may well be at the root of this ambivalent practice. As a broader contribution to the debate about International Public Authority (IPA), the proposition is advanced that we need to scrutinize more carefully what kind and degree of authority an instrument exercises exactly – or not. Evasions of authority and alleviations of obligations – which can be conceived as a special type of exercising authority through inaction – have important implications for what future legal frameworks of international public law must deliver in terms of effective and legitimate procedural design.
Topic:
Diplomacy, Environment, International Cooperation, Treaties and Agreements, Governance, and European Union
Political Geography:
Europe

1606. Pandemic Declarations of the World Health Organization as an Exercise of International Public Authority: The Possible Legal Answers to Frictions Between Legitimacies

Author:
Pedro A. Villarreal
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The institutional decisions regarding the 2009–2010 influenza A(H1N1) pandemic displayed how the World Health Organization’s (WHO) role as the international organization in charge of coordinating the pandemic response amounts to an exercise of authority. Notably, the 11 June, 2009 Pandemic Declaration was grounded in the WHO’s guidelines that do not have a binding nature according to international law. However, this is not an obstacle for considering them as an act of authority, since their effects can constrain the decision-making of States. If these non-binding acts have an authoritative nature, then it is necessary to address various legitimacy issues that may be present. This is where the concept of international public authority (IPA) can prove useful, since it enables to combine the non-binding nature of Pandemic Declarations and the respective guidelines with broad legally-oriented figures such as transparency and accountability. The controversies surrounding the 2009 Pandemic Declaration illustrate how the strictly technical-scientific elements that led to such a decision were not necessarily harmonious with other aspects more related to political decision making in general, such as transparency and accountability. This can be considered as an example of how so-called ‘technocratic legitimacy’ sometimes generates friction with lato sensu ‘political legitimacy’. As the 2009–2010 pandemic period unraveled, it became clear that expertise-based legitimacy is not sufficient in itself to consider the act as generally legitimate. On the contrary, the strongest criticisms directed at the decision-making process of the WHO during this event were leveled against deficits of transparency and accountability. This article purports to discuss the issue of how both types of legitimacies, technical-scientific and political, are necessary components for deeming Pandemic Declarations as legitimate enough, since they amount to an exercise of international public authority.
Topic:
International Law, World Health Organization, Public Health, and H1N1
Political Geography:
Global Focus

1607. vSoft Authority against Hard Cases of Racially Discriminating Speech: Why the CERD Committee Needs a Margin of Appreciation Doctrine

Author:
Matthias Goldmann and Mona Sonnen
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article argues that the Committee for the Elimination of All Forms of Racial Discrimination (CERD Committee), as it exercises quasi-judicial authority, should consider applying standards of reasoning similar to those of international courts. In particular, with respect to racially discriminating speech, the legitimacy of the CERD Committee’s Communications would benefit from a margin of appreciation doctrine that leaves domestic authorities greater leeway in finding their strategy to counter the threat of anti-migrant popular sentiment and gives recognition to alternative approaches beyond criminal persecution. This allows a context sensitive approach that might do justice to both the freedom of expression and the need for a more effective protection against racially discriminating speech.
Topic:
Race, Freedom of Expression, Discrimination, and Hate Speech
Political Geography:
Global Focus

1608. The UN Declaration on the Rule of Law and the Application of the Rule of Law to the UN: A Reconstruction From an International Public Authority Perspective

Author:
Clemens A. Feinaugle
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The UN Declaration on the rule of law at the national and international levels seems to open new possibilities for listed terrorist suspects claiming legal protection or those seeking damages for harm caused by UN peacekeepers because the Declaration provides that the rule of law applies to the United Nations itself. However, the Declaration raises questions regarding the elements of the rule of law, its legal basis, and binding nature. This paper attempts a reconstruction of the UN Declaration and relevant UN practice under an international public authority perspective to explain and develop elements of the rule of law applicable to the UN, to determine its legal basis, and to investigate its binding nature. It argues, that since measures under Chapter VII must be effective if the UN wants to fulfil its purpose (Article 1 (1) UN Charter), the UN is bound by the rule of law insofar as “effective” measures require that related legitimacy concerns are addressed by rule of law safeguards.
Topic:
International Law, Terrorism, United Nations, Peacekeeping, and Legitimacy
Political Geography:
Global Focus

1609. Towards a New International Law of the Atmosphere?

Author:
Peter H. Sand and Jonathan B. Wiener
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Inclusion of the topic ‘protection of the atmosphere’ in the current work programme of the UN International Law Commission (ILC) reflects the long overdue recognition of the fact that the scope of contemporary international law for the Earth’s atmosphere extends far beyond the traditional discipline of ‘air law’ as a synonym for airspace and air navigation law. Instead, the atmospheric commons are regulated by a ‘regime complex’ comprising a multitude of economic uses including global communications, pollutant emissions and diffusion, in different geographical sectors and vertical zones, in the face of different categories of risks, and addressed by a wide range of different transnational institutions. Following several earlier attempts at identifying cross- cutting legal rules and principles in this field (by, inter alia, the International Law Association, the UN Environment Programme, and the Institut de Droit International), the ILC has now embarked on a new codification/restatement project led by Special Rapporteur Shinya Murase – albeit hamstrung by a highly restrictive ‘understanding’ imposed by the Commission in 2013. This article assesses the prospects and limitations of the initial ILC reports and debates in 2014 and 2015, and potential avenues for progress in the years to come.
Topic:
Climate Change, Environment, International Law, United Nations, and Space
Political Geography:
Global Focus

1610. The EU Commission and the Fragmentation of International Law: Speaking European in a Foreign Land

Author:
Avidan Kent
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Abstract:
The debate on the fragmentation of International Law has been relatively dormant in recent years. However, recent events demonstrate not only that this debate should be re-awoken, but also that some key elements of this debate must be reconsidered. Notably, while the fragmentation of International Law has often been discussed from the perspective of courts and judges, this article examines the view and the impact of a different institutional actor – the Commission of the European Union. This contribution analyzes a series of amicus briefs that were submitted in a number of investment treaties-based cases. These briefs, which were recently disclosed to the author, reflect a certain radicalization of the European Court of Justice’s view concerning the place and the role of the EU’s legal system within the international legal order. This article discusses the problematic implications that the Commission’s approach may have on the international legal order, as well as possible future pathways.
Topic:
Environment, Human Rights, International Cooperation, International Law, European Union, and Trade
Political Geography:
Europe