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52. The Making of a State: Transition in Montenegro
- Author:
- Igor Lukšic and Milorad Katnic
- Publication Date:
- 10-2016
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- The first Montenegrin state started to take shape in the 8th century with the arrival of the Slavs and their mingling with the local population. Originally it was called Doclea, whose ruler received a royal insignia by the Pope Gregory VII in 1078 (Andrijaševi ´c and Rastoder 2006). Montenegro fell under the Ottomans in the late 15th century, but acted as a de facto independent state until formal recognition came at the Berlin Congress in 1878. Despite being on the victors’ side in the Balkan Wars and in World War I, it was annexed by Serbia and lost its sovereignty in 1918. After the Second World War it became a part of socialist Yugoslavia, where it remained until 1992. Montenegro’s political transition started in earnest after the Belgrade Agreement signed in March 2002. Montenegro held an independence referendum in 2006 and was subsequently admitted to the United Nations and other international organizations. Today Montenegro is engaged in accession talks with the European Union (EU).
- Topic:
- History, Elections, State, and Transition
- Political Geography:
- Europe and Montenegro
53. Hebrew Sources in the Doctrine of the Law of Nature and Nations in Early Modern Europe
- Author:
- Charles Leben
- Publication Date:
- 01-2016
- Content Type:
- Journal Article
- Abstract:
- This article sets out to re-examine Hebrew sources in the doctrine of the law of nations of the 17th century, from Gentili’s De Jure Belli Libri Tres (although it strictly belongs to the 16th century since it was first published in 1598) to Pufendorf’s De Jure Naturae et Gentium (1672). It incontrovertibly confirms the importance of Jewish sources in the general intellectual education of the founding fathers of international law and in their general political philosophy while limiting their role with respect to the construction of international law in the strict and contemporaneous sense of the term.
- Topic:
- International Law, Religion, Political Theory, History, Law, and Judaism
- Political Geography:
- Europe and Mediterranean
54. Asia's Ambivalence about International Law and Institutions: Past, Present and Futures
- Author:
- Simon Chesterman
- Publication Date:
- 10-2016
- Content Type:
- Journal Article
- Abstract:
- Asian states are the least likely of any regional grouping to be party to most international obligations or to have representation reflecting their number and size in international or ganizations. That is despite the fact that Asian states have arguably benefited most from the security and economic dividends provided by international law and institutions. This article explores the reasons for Asia’s under-participation and under-representation. The first part traces the history of Asia’s engagement with international law. The second part assesses Asia’s current engagement with international law and institutions, examining whether its under-participation and under-representation is in fact significant and how it might be explained. The third part considers possible future developments based on three different scenarios, referred to here as status quo, divergence and convergence. Convergence is held to be the most likely future, indicating adaptation on the part of Asian states as well as on the part of the international legal order.
- Topic:
- International Law, International Organization, History, Courts, and Colonialism
- Political Geography:
- Japan, China, Europe, India, and Asia
55. Full Issue: Emerging Domains of Security
- Author:
- Meg Guliford, Thomas McCarthy, Alison Russell, Michael M. Tsai, Po-Chang Huang, Feng-tai Hwang, Ian Easton, Matthew Testerman, Nikolas Ott, Anthony Gilgis, Todd Diamond, Michael Wackenreuter, Sebastian Bruns, Andrew Mark Spencer, Wendy A. Wayman, and Charles Cleveland
- Publication Date:
- 09-2015
- Content Type:
- Journal Article
- Journal:
- Fletcher Security Review
- Institution:
- The Fletcher School, Tufts University
- Abstract:
- The theme of this special edition is “Emerging Domains of Security.” Coupled with previously unpublished work developed under a prior “Winning Without War” theme, the articles therein honor Professor Martel’s diverse, yet forward-leaning, research interests. This edition maintains the journal’s four traditional sections of policy, history, interviews, and current affairs. Our authors include established academics and practitioners as well as two Fletcher students, Nikolas Ott and Michael Wackenreuter. Each of the articles analyzes critical issues in the study and practice of international security, and our authors make salient arguments about an array of security-related issues. The articles are borne out of countless hours of work by FSR’s dedicated editorial staff. I deeply appreciate the time and effort they devoted to the publication of this volume. They are full-time graduate students who masterfully balanced a host of responsibilities.
- Topic:
- Security, Defense Policy, Intelligence, International Cooperation, International Law, History, Military Affairs, Counter-terrorism, Cybersecurity, Navy, Conflict, Space, Interview, Army, Baath Party, and Norms
- Political Geography:
- China, Iraq, Europe, Middle East, Taiwan, Germany, Asia-Pacific, Global Focus, and United States of America
56. A 'Bastard' Feudal State: Governance by the Military Class in Late Medieval England
- Author:
- Andrew Mark Spencer
- Publication Date:
- 09-2015
- Content Type:
- Journal Article
- Journal:
- Fletcher Security Review
- Institution:
- The Fletcher School, Tufts University
- Abstract:
- Two key facts about late medieval England: The kingdom had no standing army and was at war for most of the period between 1294 and 1485. Given these circumstances, it might seem ambitious to identify a role for the military of the time in a non-war environment. Nonetheless, this peacetime role existed, and created a state of preparedness that was crucial to success when the kingdom went to war. Under ‘bastard feudalism’ the leaders of the army, trained in war and incubated in a thoroughly military ethos and culture, through their efforts in domestic governance, provided the stability at home and the financial and material resources which were as vital to the victories of the Hundred Years’ War as the much better known and remembered archers of Crecy and Agincourt. This article will provide background into medieval military and landed society before tracing how the governmental role of this group increased alongside ‘bastard feudalism’ in response to the crown’s need to find the resources for war. It will then show how ‘bastard feudalism’ worked for king, nobles and gentry in tandem and how this, in turn, created experienced administrators who were able to support the war effort. ‘Feudalism’ is a term synonymous with the Middle Ages. The feudal pyramid, with the king at the apex, his nobles and knights beneath, and peasants on the bottom, will be familiar to readers from their school days. ‘Bastard feudalism’, on the other hand, is less well-known and usually has currency only in academic journals. Both are highly controversial terms among medievalists and some even deny the existence of one or the other, or both. Most historians, however, would accept that, in England at least, there was a gradual transition from feudalism—where the principal means by which the king or nobleman rewarded his followers was through a permanent grant of land—to ‘bastard feudalism’—where rewards were primarily paid in cash payments. Where historians do not agree, however, is on the timing, causes and results of such a change...
- Topic:
- War, History, Governance, Feudalism, and Middle Ages
- Political Geography:
- Europe and England
57. Moving East and South: U.S. Navy and German Navy Strategy in the Eurasian Theater 1991- 2014, A View from Germany
- Author:
- Sebastian Bruns
- Publication Date:
- 09-2015
- Content Type:
- Journal Article
- Journal:
- Fletcher Security Review
- Institution:
- The Fletcher School, Tufts University
- Abstract:
- The Cold War ended rather suddenly in 1991. With it went the model on which the United States’ maritime strategy of the 1980s had rested. Driven by individuals like John Lehman, President Ronald Reagan’s long-time Secretary of the Navy, that series of strategic documents promulgated a forward, offensive, counter-force approach and the famous ‘600-ship Navy’ force structure. With the formal dissolution of the Soviet Union on December 25, 1991, the sole challenger to U.S. naval power vanished practically overnight. Red Fleet warships were rusting away in port or dismantled altogether. In the United States, the military lost significant human capital through a number of force reduction rounds, which reflected how the U.S. Navy could and would take on the post-Cold War world intellectually. In the wake of this strategic recalibration, allied militaries and their navies—such as the Federal German Navy, soon to be renamed German Navy—also underwent substantial transformations. These were often guided by the shifting geopolitical landscape as well as the popular desire to reduce the inflated defense budgets of Cold War days in order to obtain a peace dividend. This analysis will focus on the Eurasian theater—very broadly speaking, the waters that surround the European and Southwest Asian landmasses[1]—in U.S. and German naval strategy between 1991 and 2014. The maritime sphere has become increasingly important as a domain of emerging security since the end of the Cold War, yet comparatively little time and resources are being devoted to research on naval strategy and relationships between allies at sea. As a result, the use of naval force for political and diplomatic ends and the dynamics of maritime geopolitics have suffered. This essay seeks to underline the challenges that have confronted the U.S. Navy in the past generation and analyze their long-term effects. While the U.S. Navy’s geographic focus and operational interests have increasingly shifted from Europe to the Middle East and Asia, and from control of the “blue water” high seas to the littorals, these key interests should not be overlooked. In the view of the author, the fall of the Soviet Union and the implication that allies like Germany would do more to patrol their own maritime neighborhood provided the U.S. Navy with a convenient reason to de-emphasize their previously highly valued naval hub in the Mediterranean Sea. In rebalancing from the Sixth Fleet area of responsibility (AOR) to other regions of the world, the U.S. Navy accepted the consequences for fleet design and ship numbers, perhaps willingly using it as a bargaining chip for force reduction rounds in Washington, D.C. Implicitly, European allies and the U.S. Air Force[2] were expected to fill the gap left behind in terms of naval presence and crisis response, in particular after the successful campaigns in the Adriatic Sea in responding to unrest and war in the Balkans. European allies, however, were largely uninterested in stepping up to the plate; they considered their near abroad safe enough. Most importantly, they were somewhat wary of delivering a combined ‘pocket Sixth Fleet’ of their own. Finally, they were preoccupied with managing German unification, enlargement of the European Union, and establishing a common market and currency, among other things. Accordingly, this paper sheds a light on some key German strategic documents for a time when the reunited country sought its new place in the security environment of the post-Cold War world. By taking a unique view from Germany, one of the U.S. Navy’s premier NATO allies, this analysis also considers the transformation of the Bundesmarine from an escort navy to an expeditionary navy.[3] It seeks to conceptually explain how Germany’s security policy addressed the maritime challenges of the new era. The German Navy was principally drawn south- and eastward geographically after 1991, usually in close cooperation with other allied and friendly navies (and mandated by NATO, the EU, or the UN).[4] It was increasingly asked to address maritime security challenges to which the U.S. Navy no longer, or only in a supporting role, responded. The German Navy went into the breach with what were essentially Cold War assets and a mindset fundamentally dominated by the inability to think strategically. This paper is split into two sections. The first section discusses the 1991-2001 timeframe and the second section covers the period from 2001-2014. 2001 marked the inauguration of President George W. Bush in January and the terrorist attacks on September 11 eight months later. Each section looks at the strategic developments of the U.S. Navy and the German Navy, their major naval operations, and some areas of cooperation between the two navies in Eurasia...
- Topic:
- Security, Cold War, History, Military Strategy, Navy, and Maritime
- Political Geography:
- Europe, Germany, North America, and United States of America
58. Land Rights in Nineteenth-Century Ottoman State Succession Treaties
- Author:
- Ilias Bantekas
- Publication Date:
- 04-2015
- Content Type:
- Journal Article
- Abstract:
- Ottoman state practice in the field of state succession in the 19th century displayed strict adherence to the European notions of international law. This is evident from the ratification of cession treaties, attention to reciprocity, the use of mediation and reliance on the existing laws of war principles, including the legal effects of occupation, conquest and the rights and duties of belligerents. This article focuses on state succession treaties with Greece since they represented the paradigm for all future treaties, and it examines the Islamic origin of Ottoman land regulation. The Ottomans succeeded in attaching a further condition to their cession arrangements with the new Greek state, namely the latter’s obligation to respect the property rights of Muslim citizens. This arrangement brought into play the application of Ottoman land law, to which Greece was under no obligation to succeed. This body of law, particularly the set of property rights bestowed under it, became a focal point in the ensuing state succession negotiations. It was the actual basis of Muslim property rights – a precursor to contemporary property rights – and a sine qua non element of Ottoman practice in the law of state succession. In this light, Ottoman land law and institutions should correctly be considered to be general principles of law – with origins from the Quran and the early caliphates – as well as regional custom, at least in the territories liberated from Ottoman rule, which continued to apply and enforce it not only among Muslims but also in the property relations of the indigenous ethnic communities.
- Topic:
- International Law, Islam, Treaties and Agreements, History, and Land Law
- Political Geography:
- Europe, Greece, and Ottoman Empire
59. State Formation, Liberal Reform and the Growth of International Organizations
- Author:
- Guy Fiti Sinclair
- Publication Date:
- 04-2015
- Content Type:
- Journal Article
- Abstract:
- This article argues that the growth of international organizations over the past century has been imagined and carried out in order to make modern states on a broadly Western model. The proliferation of international organizations and the expansion of their legal powers, through both formal and informal means, raise profound questions regarding the relationship between international law’s reforming promise and its imperialist perils. The article proposes a new analytic framework for understanding these phenomena, focusing on the rationalities of international organizations’ powers and the technologies through which they are made operable. It argues that both the growth of international organizations and the cultural processes of state formation are impelled by a dynamic of liberal reform that is at once internal and external to law. That dynamic and the analytic framework proposed here are both illustrated and exemplified through a critical account of the emergence of international organizations in the 19th century.
- Topic:
- Imperialism, International Law, International Organization, History, and State Formation
- Political Geography:
- Europe and United Nations
60. Internet Freedom and Human Rights
- Author:
- Daniel Joyce
- Publication Date:
- 04-2015
- Content Type:
- Journal Article
- Abstract:
- This article considers whether the Internet has become so significant, for the provision of, and access to, information and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of expression. In short, should Internet freedom be configured as a human right? The article begins by considering the ubiquity of the Internet and its significance. A wider historical view is then taken to understand Internet freedom in terms of its lineage and development from earlier debates over freedom of expression and the right to communicate, through to the recognition of the significance of an information society and the need for Internet regulation on the international plane. The current debate over Internet freedom is then analysed with particular focus given to Hillary Clinton’s speech on Internet freedom and its subsequent articulation by Special Rapporteur Frank La Rue. The concluding part introduces the critical work of Evgeny Morozov and Jaron Lanier to an international law audience in order to deepen the debate over Internet freedom and to point to the concept’s limitations and dangers. It is too early to say whether a ‘right to Internet freedom’ has achieved universal recognition, but this article makes the case that it is worth taking seriously and that Internet freedom may need its own category of protection beyond freedom of expression.
- Topic:
- Human Rights, International Law, History, Regulation, Internet, and Freedom of Expression
- Political Geography:
- Europe, Global Focus, and United States of America