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1611. The Use of Scholarship by the WTO Appellate Body

Author:
Sondre Torp Helmersen
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article examines the use of scholarship by the WTO Appellate Body. While it is not possible to say definitively how the Appellate Body views the legal status of scholarship in WTO dispute settlement, its use of scholarship will in practice determine its status. The article identifies three overall trends: the Appellate Body’s use of scholarship has declined, the Appellate Body uses scholarship mostly for matters of general international law (as opposed to WTO law), and the Appellate body has generally been careful in its use of scholarship. Possible explanations for these trends may include an increase in available precedents, the Appellate Body’s specialized role, criticism of the Appellate Body, and its members’ backgrounds.
Topic:
International Cooperation, International Law, International Trade and Finance, and World Trade Organization
Political Geography:
Global Focus

1612. The Evolution of Arms Control Instruments and the Potential of the Arms Trade Treaty

Author:
Tom Coppen
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Although the Arms Trade Treaty (ATT) has the potential to create an effective international legal framework for controlling the international arms trade, much depends on the subsequent development of its legal framework. This article therefore analyzes how the ATT, as a multilateral arms control treaty, can develop its own legal framework in accordance with international law and what role the organs established by it can play in that process. It will be shown that in its current form the ATT has significant shortcomings that may prevent it from achieving this goal, but there certainly is room for the lawful development of its norms, which will depend on amassing political will and the establishment of practice.
Topic:
Arms Control and Proliferation, Diplomacy, International Law, Treaties and Agreements, and Military Affairs
Political Geography:
Global Focus

1613. Combating Illegal Fishing in the Exclusive Economic Zone – Flag State Obligations in the Context of the Primary Responsibility of the Coastal State

Author:
Valentin J. Schatz
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Illegal fishing in the Exclusive Economic Zones [EEZs] of developing coastal States is an urgent problem for the marine environment, global food security, and local economies. While past academic debate has predominantly focused on obligations of flag States to tackle so called IUU-fishing in the High Seas, the recent request for an advisory opinion submitted by the Sub-Regional Fisheries Commission to the International Tribunal for the Law of the Sea (ITLOS, Case No. 21) has drawn attention to the fisheries regime of the EEZ. This article argues that the primary responsibility for fisheries management in the EEZ rests on the coastal State and that, so far, flag States have no obligation under customary international law to exercise their jurisdiction and control over vessels flying their flag which fish in the EEZ of other States. The article first gives an account of coastal State regulatory and enforcement jurisdiction. It outlines recent developments of the law by drawing on the jurisprudence of the ITLOS, particularly the recent M/V “Virginia G” Case. Further, the article undertakes to identify potential flag State obligations to combat illegal fishing in the EEZ. To that end, it provides an in-depth analysis of relevant binding and non-binding legal instruments such as the 1982 UN Convention on the Law of the Sea, other multilateral treaties, bilateral fisheries treaties, and relevant soft-law instruments of the Food and Agriculture Organization of the United Nations. The article also discusses the relevance of principles of international environmental law. Next, the article analyzes the nature and scope of potential flag State obligations, qualifying them as obligations of due diligence. Finally, the article concludes that, de lege lata, no persuasive evidence of established flag State obligations exists. The author suggests that the situation should be remedied by a new, fully binding legal instrument.
Topic:
International Law, United Nations, Maritime Commerce, and Fishing
Political Geography:
Global Focus

1614. Iran’s Resurgence as Power after International Sanctions Relief / El resurgimiento de Irán como potencia tras el levantamiento de las sanciones internacionales

Author:
José Ignacio Castro
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
Nuclear agreement between Iran and the P5+1 Group become a reality at the beginning of 2016, with the Iranian engagement on declaration and reduction of her nuclear capabilities, for a temporary period. Parallel to the agreement accomplishment, Iran has increased her power towards her geopolitical enlargement area in the Mesopotamia and Levant region. Iran´s resurgence has caused a conventional weapons´ proliferation, where ballistic missiles are the main stress´s source. At international level, Iran has achieved better business opportunities, although her economic evolution is still slow, mainly due internal power´s dynamics. At global order level, the agreement has brought main actors power´s redesign in Middle East and other global areas. Inside Iran, the agreement has reinforced institutional authority and at the same time it is opening up the way for hope and for a better future for the Iranian people.
Topic:
Arms Control and Proliferation, Treaties and Agreements, Sanctions, and Nuclear Power
Political Geography:
Iran and Middle East

1615. External Actors in the Syrian Civil War. Clash of Interests and Strategies / Los actores externos en la guerra civil siria. Choque de intereses y estrategias

Author:
José Luis Calvo Albero
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The civil war in Syria has become a classic example of proxy war, in which different regional and global powers defend their interests through third parties. That explains its long duration and the high level of violence without reaching exhaustion. This article describes the motivations of the different external actors in the conflict and the strategic lines they follow to achieve their objectives.
Topic:
Syrian War, Proxy War, and Armed Conflict
Political Geography:
Middle East and Syria

1616. A Functional Approach to Violent Radicalization. Building a Systemic Model Based on a Real Case

Author:
Miguel Peco
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
A paradox in the study of violent radicalization is that while each of the empirical findings can be explained with multiple theories, very few theories can explain a relevant number of these findings simultaneously. This paper conducts a functional behavior assessment of violent radical behavior, investigating the factors responsible for its initial learning and subsequent maintenance. Specifically, a model of radicalization is proposed that can explain a wide range of observed phenomena, accommodate apparent exceptions, and obtain testable consequences. It also challenges some firmly rooted ideas, as the alleged existence of aggressive influence practices, or brainwashing. Finally, the model can also provide valuable predictions for subsequent research, such as those related to the reversibility of the process of radicalization.
Topic:
Terrorism, Violent Extremism, and Radicalization
Political Geography:
Global Focus

1617. The U.S. Defense, between the Revolution and the Offset / La Defensa estadounidense, entre la revolución y la compensación

Author:
Guillem Colom
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The article reviews the U.S. contemporary Defense planning to establish the continuity patterns that exist between the Revolution in Military Affairs developed in the 1970s under the Second Offset Strategy, matured in the 1990s and succeeded during the War on Terror; and the Third Offset Strategy that will guide its Defense planning until 2030 and capable of inspiring a new revolution.
Topic:
Defense Policy, Armed Forces, Military Affairs, History, and War on Terror
Political Geography:
North America and United States of America

1618. The Legacy of Dictatorship for Democratic Parties in Latin America

Author:
Erica Frantz and Barbara Geddes
Publication Date:
04-2016
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
When dictators seize power, they face a choice about how to deal with the pre-existing political parties. Some simply repress all par- ties, some ally themselves with one of the traditional parties and use it to help organize their rule, and others repress pre-existing parties but create a new party to support themselves. This study examines how these deci- sions affect the subsequent development of party systems after redemoc- ratization. Looking at the experience of Latin America, a region that has experienced its share of dictatorships, we show that dictators who allied with traditional parties or repressed existing ones have contributed to very stable party systems. By contrast, dictators who repressed the old parties but created a new one destabilized their countries’ party systems for some time after the return of democracy.
Topic:
Authoritarianism, Democracy, Dictatorship, and Party System
Political Geography:
South America, Latin America, and North America

1619. Postmaterialism and Political Elites: The Value Priorities of Brazilian Federal Legislators

Author:
Malu A.C. Gatto and Timothy J. Power
Publication Date:
04-2016
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
We examine the distribution and consequences of postmaterialist value orientations among national legislators in Brazil. Using data collected in the Brazilian Legislative Survey in 2013, we undertake the first systematic study of postmaterialism within the National Congress and the party system and map the materialist/postmaterialist scale onto other salient divisions within the political class. We present five main findings. First, political elites evince vastly higher commitment to postmaterialism than the mass public. Second, Brazilian political elites drawn from constituencies with higher human development are more postmaterialist than their counterparts in other constituencies. Third, within the political class, the materialist/post- materialist cleavage overlaps in important ways with the left–right cleavage. Fourth, although postmaterialism successfully predicts elite attitudes on a number of “new politics” issues that are unrelated to the construction of the postmaterialist scale itself, postmaterialism is a poor predictor of voting behavior on the Congressional floor. Fifth, as others before us, we find institutional factors to be better predictors of legislative voting behavior in the Brazilian context.
Topic:
Legislation, Elites, Postmaterialism, and Political Class
Political Geography:
Brazil, South America, and Latin America

1620. Electoral Proximity and the Political Involvement of Bureaucrats: A Natural Experiment in Argentina, 1904

Author:
Valentin Figueroa
Publication Date:
04-2016
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
In this paper, I use a slightly modified version of the Becker– Stigler model of corrupt behavior to explain bureaucratic political in- volvement. Since bureaucrats prefer higher rewards and not to support losing candidates, we expect them to become politically involved near elections – when rewards are expected to be higher, and information more abundant. Taking advantage of a natural experiment, I employ differences-in-means and differences-in-differences techniques to esti- mate the effect of electoral proximity on the political involvement of justices of the peace in the city of Buenos Aires in 1904. I find a large, positive, and highly local effect of electoral proximity on their political involvement, with no appreciable impact in the months before or after elections.
Topic:
Corruption, Elections, Justice, and Bureaucracy
Political Geography:
Argentina, South America, and Latin America