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Begin New Search Political Geography Global Focus Publication Year within 3 Years

1411. Is the International Law Commission Taking Regionalism Seriously (Enough)?

Author:
Janina Barkholdt
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Regionalism poses a challenge to the work of the International Law Commission (ILC). The Commission, entrusted by the United Nations General Assembly (UNGA) with the “progressive development of international law and its codification”, is tasked with identifying and elaborating universally accepted and acceptable rules of international law. The challenge posed by regionalism lies in its ambivalent role precisely in relation to the mandate of the ILC: on the one hand, a significant share of practice in international law is generated at the regional level. Since regional practice thus constitutes a substantial part of State practice, the ILC cannot avoid taking regional practice into account if it is to identify and develop common rules. On the other hand, regionalism often involves claims for special legal treatment based on the affiliation with a region; thus, deviations from precisely those general legal rules which the ILC seeks to codify and develop. The present contribution analyses how the Commission has approached regionalism in its previous work and identifies four approaches. It shows that each of these approaches suffers from shortcomings. At the same time, the current projects on General principles of law (GPL) and Sea-level rise in relation to international law possibly indicate the emergence of a more fruitful fifth approach. Based on this analysis, the present contribution shows that the practice of the ILC evinces two methodological challenges arising from regional plurality –, the challenge of equal regional representation and the challenge of regional exceptionalism, – and makes suggestions as to how to address these in the future.
Topic:
International Law, United Nations, and Regionalism
Political Geography:
Global Focus

1412. Military Intervention on Request in Jus Ad Bellum and Jus In Bello and the question of recognition of governments

Author:
Chiari Redealli
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Over the past decades, foreign interventions in internal conflicts upon the request of host governments have turned into a common practice. These instances have proved to be particularly challenging both from a jus ad bellum and a jus in bello point of view. On the one hand, it is often unclear whether the intervention is lawful; on the other hand, the classification of these armed conflicts is equally problematic. In both cases, the key to answer these questions is the identification of the organ capable of speaking on behalf of the state: who is the government? Considering the pivotal relevance of the identification of the government both in jus ad bellum and jus in bello, it is crucial to determine the criteria for identifying the authority capable of issuing a valid invitation. This article seeks to clarify these criteria. Ultimately, it will demonstrate that jus ad bellum and jus in bello reach different conclusions on the matter and it will argue that this should not be the case.
Topic:
International Law, Humanitarian Intervention, Military Intervention, Conflict, and International Humanitarian Law (IHL)
Political Geography:
Global Focus

1413. Missed Communications and Miscommunications: International Courts, the Fragmentation of International Law and Judicial Dialogue

Author:
Francis Maxwell
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The increase in the number of international judicial bodies has led to different international courts deciding similar issues of international law. There is the real possibility that these international judicial bodies, not subject to the supervision of a common appeal court, may rule differently on similar questions before them. While this fragmentation of decision-making may undermine the coherency and certainty of the international legal system, it may in some cases be in the interests of the international community, including where divergences in decision-making are the result of specialized regimes or where there is progressive development of the law. So that fragmentation is limited to what is beneficial and necessary for the international community, it is essential that international judicial bodies are in open and structured dialogue with one another. This analysis considers three scenarios of overlapping decision-making, over the course of the lives of two sets of international courts: the International Court of Justice, and the international criminal courts and tribunals. It also considers the recent decision of the International Criminal Court with respect to Palestine and the Court’s refusal to weigh in on questions of general international law, in apparent departure from the previous three examples. It is submitted that these examples demonstrate that insufficient attention is given by these international judicial bodies to the issue of judicial dialogue and its importance. This may undermine the legitimacy of the system and introduce the risks of fragmentation without its benefits.
Topic:
International Law, International Court of Justice (ICJ), International Criminal Court (ICC), Dialogue, Fragmentation, and Customary International Law
Political Geography:
Global Focus

1414. Navigating geoeconomic risks: Towards an international business risk and resilience monitor

Author:
Mikael Wigell, Heiko Borchert, Edward Hunter Christie, Christian Fjader, and Lars-Hendrik Hartwig
Publication Date:
11-2022
Content Type:
Special Report
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
Geoeconomics – the pursuit by states of power politics using economic means – is the new reality in which European and global businesses operate. From financial sanctions and trade embargoes to rival state-sponsored technology theft and anti-competitive practices, European companies face an urgent need to understand, assess, anticipate and mitigate a whole new range of risks that are fundamentally different from ordinary market or regulatory risks. As state actors play a central role in both enacting geoeconomic measures and responding to them, the need for new forms of public–private partnership and collaboration is likewise rising. To that end, this report develops a vision for a new collaborative tool – an international business risk and resilience monitor – which both corporations and public authorities could contribute to and use together to advance awareness of and preparedness for rapidly emerging risks to economic security.
Topic:
Business, Resilience, and Geoeconomics
Political Geography:
Global Focus

1415. Preventing Corruption in Energy Transition Mineral Supply Chains

Author:
Natural Resource Governance Institute
Publication Date:
12-2022
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Experts have issued an urgent call for reforms to tackle the pressing issue of corruption in transition mineral supply chains. Corruption undermines key safeguards that protect local communities and the environment, redirects public money into private hands, and disrupts and delays production just when responsibly produced minerals are urgently needed to meet climate goals. Corruption in mineral supply chains threatens a just energy transition and risks derailing global efforts to fight climate change. The global fight against climate change relies on our ability to scale up low-carbon infrastructure, which requires more minerals than fossil-fuel-based systems.
Topic:
Corruption, Supply Chains, Minerals, and Energy Transition
Political Geography:
Global Focus

1416. Measuring Extractives Dependency: Why it Matters and New Approaches

Author:
William Davis
Publication Date:
12-2022
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
When countries depend too heavily on extractive industries (extraction of nonrenewable natural resources) it can pose problems for their economies. These include: The volatility of natural resource commodity prices, which can cause shocks that are difficult for the country to manage The exhaustibility of natural resources and the challenges of replacing them as a source of income when they run out The political economy of governments relying on natural resources, which seems to make governments less effective (e.g., if they rely on resource wealth to fund themselves rather than developing other sectors of the economy) To address resource dependency, we need to be able to measure it. With this in mind, NRGI has produced a new dataset that builds on existing literature to provide a broad range of indicators of dependency on the extractive industries. This dataset is primarily for internal use by NRGI colleagues, but is also freely available to interested researchers. The aim of this dataset is to support a more multidimensional approach to understanding resource dependency, its causes and consequences. The related briefing explains the rationale behind the dataset and its various indicators, and some includes some initial insights based on analysis of the data.
Topic:
Natural Resources, Tax Systems, Data, Revenue Management, and Dependency
Political Geography:
Global Focus

1417. Considering the Future of Gender and Peace Operations: Strategic Debates and Operational Challenges

Author:
Gretchen Baldwin
Publication Date:
12-2022
Content Type:
Commentary and Analysis
Institution:
Stockholm International Peace Research Institute (SIPRI)
Abstract:
The women, peace and security (WPS) agenda in peace operations has had myriad successes as well as setbacks in implementation. The rise of ‘gender-sensitive’ or ‘gender-responsive’ approaches to peacekeeping signals progress in policy language, but in practice peacekeepers can struggle to comprehensively implement gender analyses or deliver on WPS tasks. Based on a review of existing academic and policy literature, this paper identifies five strategic debates central to WPS agenda implementation: participation beyond numbers, men’s roles, defining ‘gender’, balancing gender ‘inside and outside the fence’, and non-traditional security challenges. It then identifies six key operational challenges to implementation: resourcing, accountability, recruitment barriers, scale, siloing versus mainstreaming, and securitization. With the approach of the 25th anniversary of the WPS agenda in 2025—possibly the most significant yet for the integration of gender and peace operations—stakeholders should step up efforts to ensure the sustainability of the agenda’s implementation in line with its most progressive reading.
Topic:
Security, Peacekeeping, Women, and Peace
Political Geography:
Global Focus

1418. The Role of Development Actors in Responding to Environment and Security Links

Author:
Karen Meijer and Katongo Seyuba
Publication Date:
12-2022
Content Type:
Policy Brief
Institution:
Stockholm International Peace Research Institute (SIPRI)
Abstract:
Despite growing interest among development actors to integrate links between the environment, climate, peace and security into their policies and activities, practical approaches to addressing environment-related security risks are lagging behind awareness at policy level. This policy brief provides insights into how donors can incentivize implementing organizations to further develop and apply these practical approaches. It recommends support that: (a) facilitates engagement between implementing organizations and local communities, and prioritizes local knowledge and solutions; (b) builds new partnerships between implementing organizations from both the environment or climate side and the security or peacebuilding side; (c) enables the sharing of good practices and lessons learned on how to address environment-related security risks at various levels; (d) promotes the inclusion and prioritization of environment–security links in country-level policies; and (e) is more flexible in implementation, as well as engages in long-term commitments and funding.
Topic:
Security, Development, Environment, Risk, and Donors
Political Geography:
Global Focus

1419. Adapting the Missile Technology Control Regime for Current and Future Challenges

Author:
Kolja Brockmann, Mark Bromley, and Lauriane Héau
Publication Date:
12-2022
Content Type:
Policy Brief
Institution:
Stockholm International Peace Research Institute (SIPRI)
Abstract:
The Missile Technology Control Regime (MTCR) is a cornerstone of the non-proliferation architecture for missiles and other uncrewed aerial vehicles. However, geopolitical and technical developments and operational challenges threaten the regime’s effectiveness and create a need for reform in several areas. The MTCR partners should develop a clear strategy for determining if and how to expand MTCR membership. To increase the number of adherents, partners should pursue reinforced outreach and expand and promote the benefits offered. By improving the transparency of its procedures and deliberations, the regime can make them more understandable for non-partners. The partners can also improve the MTCR’s legitimacy by emphasizing that it provides public goods and helps states to meet their international obligations. The regime can also address the challenges of emerging technologies by focusing on technical deliberations and sharing information and good practices. Through all this, the MTCR must ensure its continued functioning in the face of geopolitical tensions and armed conflict between partners.
Topic:
Foreign Policy, Arms Control and Proliferation, Science and Technology, Geopolitics, and Weapons
Political Geography:
Global Focus

1420. Inclusion and Exclusion in International Ordering: An Interview with Glenda Sluga

Author:
Glenda Sluga and Daniel R. Quiroga-Villamarín
Publication Date:
09-2022
Content Type:
Commentary and Analysis
Institution:
The Toynbee Prize Foundation
Abstract:
The image of two men, sitting awkwardly across each other in a solemn conference table, suddenly sprouted everywhere in my Twitter feed last winter. As a terrifying war erupted over competing visions of eastern Europe’s place in the international order, this somewhat surreal picture of the rulers of France and Russia conferencing offered little respite. It was precisely at this time that I had the pleasure to converse with the incoming Toynbee Prize Foundation President Glenda Sluga about her most recent monographThe Invention of International Order: Remaking Europe after Napoleon (Princeton University Press). As the so-called international order comes under increasing pressure in Ukraine and beyond, Sluga’s timely book invites us to engage with the “two centuries of multilateral principles, practices, and expectations” to understand the promises and limits of our contemporary arrangements (p. xi). It places the recent meeting between Macron and Putin in the context of the rise and consolidation of “a new professional, procedural, and bureaucratic approach to diplomacy, based on the sociability of men” (p. 6). After all, our modern notions of international “politics” or “society” were forged in the aftermath of a previous European-wide conflagration that had France and Russia at its helm: the Napoleonic wars. Sluga’s account does not aim to blindly celebrate nor to categorically condemn this modern political imaginary of international ordering. Others have dismissed the post-Napoleonic diplomatic constellation as reactionary or have lauded it as protoliberal. Sluga, above all, is interested in questioning it. She invites us to: reflect on for whom this order has been built; push against the ways it narrows our perspective; and grapple with its inner tensions and contradictions (p. 282). At the heart of the book, I would suggest, lies a concern about the paradoxical record of European modernity: a project that “has offered an expansive horizon of political expectations but delivered a voice only for some” (p. 7). By taking women, non-Europeans, and “non-state” actors seriously as political agents, she shows how bankers, Jews, or ambassadrices were ironically crucial in the making of a system that came to exclude them from the historical record. And, unsurprisingly, these exclusions lead to tensions that threaten to upend international order from within and without—from 1821, 1848, or 1853 to 2022. In our conversation, we attempt to make sense of these paradoxes, contradictions, and ambiguities of international ordering.
Topic:
Politics, History, Multilateralism, Interview, Exclusion, International Order, and Inclusion
Political Geography:
Global Focus