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61. 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

62. 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

63. Gender and the Right to Non-Discrimination in International Human Rights Law

Author:
Bistra Netkova
Publication Date:
01-2016
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Discrimination against women based on the fact that they are women is a deeply rooted practice in all societies. However, the level of discrimination varies greatly with the level of development of the given society and strongly influences and vice versa it is influenced by the status of women in a given society. Addressing this gender-based discrimination is a difficult task because it is closely linked to the concept of equality, and the state's action and inactions. The article establishes that the state parties' obligation is to ensure that there is no direct or indirect discrimination against women in their laws, sanctions, and other remedies, and those women are protected against discrimination in the public, as well as, in the private spheres.
Topic:
Gender Issues, Human Rights, International Law, Discrimination, and Affirmative Action
Political Geography:
Global Focus

64. Enhancing Women Migrant Workers' Rights and Mainstreaming Gender in Global Migration Governance

Author:
Bethlehem Daniel and Michael Gordon
Publication Date:
08-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
According to the International Organization for Migration, female migrants constituted approximately 50 percent of the share of the total migrant stock in 2013. The feminization of migration is an ongoing cross-border phenomenon that requires both attention and cooperation to minimize risk and increase protection for vulnerable populations. With women amounting to half of the number of global migrants, migration and gender can no longer be seen as separate silos in policy. Gender mainstreaming must be injected into high-level dialogue to reduce vulnerability and enhance human rights. This brief examines the problems associated with human trafficking, and identifies legislative and legal gaps in anti-trafficking policy through a compliance analysis of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In order to facilitate gender mainstreaming efforts, member states party to CEDAW are encouraged to ensure that national anti-trafficking policies comply with CEDAW and adopt a rights-based approach to combatting human trafficking through the entrenchment of CEDAW principles in national legislation.
Topic:
Gender Issues, Human Rights, International Law, and Migration
Political Geography:
Global Focus

65. The US Refugee Protection System on the 35th Anniversary of the Refugee Act of 1980

Author:
Donald Kerwin
Publication Date:
06-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In 2013, the Center for Migration Studies of New York (CMS) initiated a project to bring concentrated academic and policy attention to the US refugee protection system, broadly understood to encompass refugees, asylum seekers and refugeelike populations in need of protection. The initiative gave rise to a series of papers published in 2014 and 2015, which CMS is releasing as a special collection in its Journal on Migration and Human Security on the 35th anniversary of the Refugee Act of 1980. This introductory essay situates the papers in the collection within a broader discussion of state compliance with international law, impediments to protection, US protection programs, vulnerable populations, and due process concerns. The essay sets forth extensive policy recommendations to strengthen the system drawn from the papers, legislative proposals, and other sources.
Topic:
International Law, Refugee Issues, and Refugee Crisis
Political Geography:
Global Focus

66. An Excerpt from the Upcoming Book - Borderless Wars: Civil-Military Disorder and Legal Uncertainty

Author:
Antonia Chayes
Publication Date:
07-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Drones. Global data networks. The rise, and eventual primacy, of non-international armed conflict. All things the framers of the Geneva Conventions could have never fully conceived when doing their noble work in 1949; all things that rule warfare in the world today. So, how do we legally employ these new tools in these new circumstances? In her latest book, Antonia Chayes, former Under Secretary of the Air Force, explores the current legal underpinnings of counterinsurgency, counterterrorism, and cyber warfare, rooting out the ambiguities present within each realm, and telling the narrative of how these ambiguities have come to shape international security today. The grounded and creative solutions that she offers in terms of role definition and transparency will provide crucial guidance as the United States continues to navigate the murky modern military-legal landscape. This excerpt is a chapter from Borderless Wars: Civil-Military Disorder and Legal Uncertainty forthcoming in 2016 from Cambridge University Press.
Topic:
International Law, Counterinsurgency, Law, Military Affairs, Counter-terrorism, Drones, Conflict, Borders, and Law of Armed Conflict
Political Geography:
Afghanistan, Iraq, Global Focus, and United States of America

67. 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

68. 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

69. Schizophrenie du droit international

Author:
Ekaterina Yahyaoui Krivenko
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
A poem by Ekaterina Yahyaoui Krivenko.
Topic:
Globalization, Human Rights, International Law, and Constitution
Political Geography:
Europe and Global Focus

70. Who Wants What? – Final Offer Arbitration in the World Trade Organization

Author:
Jaime Tijmes
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
The World Trade Organization’s (WTO) Dispute Settlement Understanding (DSU) favours negotiated settlements for disputes. However, arbitrations according to Article 22.6 of the DSU have been carried out as compulsory conventional arbitrations, even though such arbitrations do not offer strong incentives for the parties to reach a settlement. For quite some time, scholars have studied other forms of arbitration that may encourage settlements more strongly, such as final offer arbitration. Yet this form of arbitration has received rather limited attention in the academic discussion about dispute settlement under the WTO. This article explores to what extent final offer arbitration might make sense for settling WTO disputes and concludes that it would be suitable for arbitrations pursuant to Article 22.6 of the DSU, specifically for setting the level of suspension of obligations and, under certain circumstances, for deciding on so-called cross-retaliation pursuant to Article 22.3 of the DSU. Before negotiations start, parties to a dispute should agree on final offer arbitration if arbitration should be deemed necessary. Such an agreement might be expressed in a pre-emptive joint proposal on procedural aspects. Amendment of the DSU would then be unnecessary.
Topic:
International Law, International Trade and Finance, Treaties and Agreements, and World Trade Organization
Political Geography:
Europe and Global Focus