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2281. The Temporal Experience of Chinese Students Abroad and the Present Human Condition

Author:
Anders Sybrandt Hansen
Publication Date:
09-2015
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
This article examines the experiences of Chinese elite uni- versity students abroad through the lens of temporality. In the strug- gle to get ahead, elite students are expected to carefully deploy their time. Studying abroad, it is argued, has become one more step in a culturally idealised temporal arrangement of how one is expected to go about advancing. The downside to this ethics of striving is shown to be a pervasive sense of restlessness (, fuzao). The article shows how relocating to a different life environment allowed a group of elite students to respond to their temporal predicament in existentially creative ways that registered socially as personal maturation. It is argued that these responses were set in motion by the students’ in- habiting an expanse of not-yet-purposeful time. Treating the tem- poral experience of Chinese elite students as a pronounced inflection of an increasingly global temporal mode of striving, the article en- quires into the temporality of the present human condition.
Topic:
Education, Globalization, Ethics, and Students
Political Geography:
China, Asia, and Global Focus

2282. The Normative Terrain of the Global Refugee Regime

Author:
Alexander Betts
Publication Date:
10-2015
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
The global refugee regime encompasses the rules, norms, principles, and decision-making procedures that govern states' responses to refugees. It comprises a set of norms, primarily those entrenched in the 1951 Convention relating to the Status of Refugees, which defines who is a refugee and the rights to which such people are entitled. It also comprises an international organization, the Office of the United Nations High Commissioner for Refugees (UNHCR), which has supervisory responsibility for ensuring that states meet their obligations toward refugees.
Topic:
United Nations, Refugees, Displacement, and Humanitarian Crisis
Political Geography:
Global Focus

2283. Hostis ante portas: el poder, la guerra y la figura del enemigo en las relaciones internacionales

Author:
Valerio d'Angelo
Publication Date:
05-2015
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
En este artículo me propongo enmarcar la evolución de la figura del enemigo político al interior de la más general evolución del ordenamiento del sistema internacional. La tesis que se afirma es que la detección del enemigo es siempre una construcción discursiva consecuente a las trasformaciones del poder hegemónico y de su manera de conducir una guerra. Ilustraré por lo tanto los cambios históricos que la noción de enemigo ha sufrido, desde Westfalia hasta los modernos programas de contrainsurgencia. Detectaré tres grandes macromarcos (el mundo Westfaliano, la Guerra Fría, el post-11/S) donde un cambio significativo del equilibrio del poder conlleva un cambio en su capacidad de librar una guerra y, de ahí, una distinta identificación de la figura del enemigo.
Topic:
Sovereignty, War, and Counterinsurgency
Political Geography:
Global Focus

2284. Las «nuevas guerras»: una propuesta metodológica para su análisis

Author:
Victor-Mario Bados Nieto and Marién Duran Cenit
Publication Date:
05-2015
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
Hoy día existen numerosos conflictos con características diferentes y singulares difícilmente encuadrables en los arquetipos de los conflictos armados tradicionales o guerras convencionales. De los muchos y variados apelativos surgidos principalmente desde el Fin de las Guerra Fría y como contraposición a las guerras clásicas, fue el concepto de "nuevas guerras" el que tuvo una mayor acogida. Sin embargo, como muchas otras denominaciones, consideramos que no podemos apreciarlo como una herramienta enteramente práctica para el estudio de toda la tipología de conflictos que existen. Por ello, el presente trabajo, mediante la revisión de la literatura más importante sobre estos temas, tiene como objeto proporcionar una herramienta teórico-metodológica, para que mediante la operacionalización de las variables identificativas de las "nuevas guerras", se puedan estudiar de forma más pormenorizada los conflictos contemporáneos para poder establecer comparaciones que arrojen luz sobre las similitudes y las diferencias.
Topic:
Ethnic Conflict, War, Fragile/Failed State, and Violence
Political Geography:
Global Focus

2285. State Practice on Sovereign Immunity in Employment Disputes Involving Embassy and Consular Staff

Author:
Julia Brower
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This report identifies and analyzes foreign case law and statutes on sovereign immunity in employment disputes brought by dismissed embassy and consular staff from twenty-seven countries and two international courts. State practice remains quite diverse, and it is not possible to identify one clear, specific majority test for whether foreign States are immune in such disputes. However, several recent trends exist, with state practice in Europe in particular starting to coalesce around a common approach. The findings of this report must be considered with the limitations of the research in mind. The vast majority of case law surveyed in this report is from Europe and English-speaking countries. Only a handful of translated decisions or statutes from Latin America, Africa, and Asia could be found, and significantly, this report does not include any decisions from China or Brazil.
Topic:
Law, Protected People, Diplomatic Immunity, and Sovereign Immunity
Political Geography:
Global Focus

2286. Below the Threshold: The Law Governing the Use of Force Against Non-State Actors in the Absence of a Non-International Armed Conflict

Author:
Daniel Hessel, Julia Shu, and Sarah Weiner
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Boko Haram attacks civilians in Nigeria. The Islamic State launches attacks in Paris. Terrorists take hostages at a hotel in Mali. Mexican drug gangs threaten government officials and civilians. Houthi rebels seek to take control of the government in Yemen—and succeed. States increasingly face security threats from non-state actors, which have led states and observers to ask what states can do in response. What legal framework should apply? What constraints do states face? When can states resort to the use of military force to address threats posed to them by non-state actors, either on their own territory or on the territory of another state? The answer to these questions turns on whether the conflict in question rises to the level of a non-international armed conflict (NIAC). Based on the drafting history of international humanitarian law (IHL) governing NIACs, international jurisprudence, recent state practice, and academic commentary, this paper concludes that a NIAC does not exist unless the conflict passes an intensity threshold. In other words, the intensity of the conflict distinguishes generalized violence involving a non-state actor from a NIAC. Once the existence of a NIAC is established, states participating in it will be governed by relevant IHL. But if states are only governed by the IHL applicable to NIACs once an intensity threshold has been crossed, what law applies below that threshold? The answer varies with the circumstances, depending on whether the state is responding to a threat within its own territory or from outside; and if the threat is from outside the state, whether the host state consents to the use of force against the non-state actor. Thus, to answer the question of what law applies before a NIAC is established, this white paper analyzes three different scenarios in which a state contemplates forceful engagement with a non-state actor. Each scenario presumes that t he non- state actor is organized and has engaged in some violence, but that the intensity of the clash has not crossed the intensity threshold and thus has not risen yet to the level of a NIAC. 1. In Scenario One, a state seeks to engage a non-state actor that operates exclusively within the state’s territorial borders. 2. In Scenario Two, an intervening state seeks to engage a non-state actor located in another state, with the consent of the host state. 3. In Scenario Three, an intervening state seeks to engage a non-state actor located in another state, without the consent of the host state. The analysis of each scenario first identifies the authority that governs whether and when the state may initiate forceful engagement with the non-state actor (the “may the state use force” evaluation), then discusses which legal regime governs the scope and nature of the resulting use of force (the “how may the state use force” evaluation). Different legal regimes govern the acting state’s options in each of the scenarios. Although the authority for action differs, the inquiries for Scenarios One and Two are quite similar. In Scenario One, the acting state may engage the non-state actor with force by virtue of its territorial sovereignty. It must act, however, through a domestic law enforcement framework and in compliance with human rights law. In Scenario Two, the acting state derives the authority to use force against the non-state actor from the host state’s consent. However, it may only rely on that consent insofar as it comports with the host state’s human rights obligations under international law. In raising the possibility of one state violating another state’s territorial integrity, Scenario Three raises a different set of questions. The intervening state’s threat or use of force within another state’s territory is only lawful when authorized by the U.N. Security Council or justified under the Charter’s Article 51 self-defense provision. The intervening state’s use of force is accordingly regulated by the traditional IHL of international armed conflict. Where scenarios overlap (when, for example, the intervening state has both consent and Article 51 authority to act), the acting state may rely on more than one source of authority. It must, however, continue to ensure that it has authority to use force and that its use of force comports with the legal framework appropriate for the nature and intensity of the conflict. It is worth noting at the outset that these scenarios highlight developing areas of international law. Some raise questions that have clear answers in existing legal authority, while others contend with more inchoate legal regimes. Where state practice has not yet solidified into definitive international norms, legal ambiguity remains. In such instances, this white paper notes the existence of ambiguity and examines the history, purposes, and principles of relevant legal regimes to proffer answers.
Topic:
Military Strategy, Non State Actors, Law, and Conflict
Political Geography:
Global Focus

2287. Common Article 1 and Duty to "Ensure Respect"

Author:
Zachary Manfredi
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This paper investigates whether the “to ensure respect” clause of Common Article 1 of the 1949 Geneva Conventions creates third state obligations. Third state obligations could impose both negative and positive duties on states to ensure that other states and some non-state actors comply with the Conventions. This issue has gained salience in light of the imminent publication of new set of commentaries on the Conventions by the International Committee for the Red Cross. The new commentaries will likely suggest that third state obligations under Common Article 1 are robust. This paper assesses the anticipated ICRC position in light of both the drafting history of Common Article 1 and subsequent interpretations by major international tribunals and states. It concludes that Common Article 1 provides for some third state obligations, but that their scope and content remains underspecified and highly contested.
Topic:
International Law, Humanitarian Crisis, Red Cross, and Geneva Convention
Political Geography:
Global Focus

2288. State Responsibility for Non-State Actors That Detain In The Course of a NIAC

Author:
Emily Chertoff, Lara Dominguez, Zak Manfriedi, and Peter Tzeng
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This white paper addresses three questions that arise when a non-state actor that is receiving assistance from a state actor in a non-international armed conflict engages in detention activities: (1) Under international law, when does a non-state actor have the authority to detain individuals captured in the course of a non-international armed conflict? (2) When does a state providing assistance to a non-state actor become responsible under international law for the non- state actor’s actions? (3) Assuming such responsibility exists, what actions must the state take if it believes the non-state actor may engage in human rights abuses or violations of the law of armed conflict? In response to the first question, neither the Geneva Conventions nor customary international humanitarian law provides a legal basis for non-state actors to detain captured individuals in non-international armed conflicts. However, international humanitarian law also does not expressly prohibit non-state actors from detaining individuals. Instead, it regulates the conditions of detention. If non-state actors comply with Common Article 3 of the Geneva Conventions and relevant provisions of the Second Additional Protocol, detention by armed groups in non-international armed conflict does not violate an explicit provision of international humanitarian law. As long as detention is not arbitrary, internment by non-state actors is also unlikely to constitute the war crime of unlawful confinement. In response to the second question, under agency-based theories of the state responsibility doctrine, actions of non-state actors may be directly attributed to the state if (1) the state exercises either strict or overall control over the non-state actor such that the group operates as a de jure or de facto state organ or (2) the state exercises effective control over a specific operation undertaken by the non-state actor. Additionally, to the extent Common Article 1 requires states to ensure that all parties to an armed conflict respect the Geneva Conventions, it may create an alternative and additional source of state liability for the actions of non-state actors. Finally, in response to the third question, this white paper recommends a series of ex ante and ex post measures states can adopt when engaging with a non-state actor. These include, vetting, training, acquiring written agreements, providing punishment frameworks, and ceasing support when actors commit violations of IHL. Since existing jurisprudence does not contemplate mitigation of state responsibility for the conduct of non-state actors, it is difficult to assess to what extent any of the proposed measures would limit the state’s liability. Nevertheless, states adopting these recommendations will both make violations less likely and be more likely to discharge their duties under international humanitarian and human rights law. By taking ex ante measures designed to prevent violations and creating ex post incentives for non-state partners to comply with IHL norms, states reduce the risk armed groups will engage in detention practices that violate international law.
Topic:
International Law, Non State Actors, Humanitarian Intervention, and Armed Conflict
Political Geography:
Global Focus

2289. The Negative Impact of Drug Control on Public Health: the global crisis of avoidable pain

Author:
Global Commission On Drug Policy
Publication Date:
10-2015
Content Type:
Special Report
Institution:
Global Commission On Drug Policy
Abstract:
Ninety-two percent of the world’s supply of morphine is consumed by just 17 percent of the global population, with consumption primarily concentrated in the global north and 75 percent of the world’s population does not have access to any pain relieving drugs. The reasons for this have little to do with issues of cost or scarcity of supplies- and everything to do with with the prohibition and repressive stand the world has taken on drugs. This Global Commission report explores the current crisis related to the lack of access to controlled medicines and makes concrete policy recommendations to Member States and UN agencies on ways to improve these conditions. This report is available in English, Spanish, Russian, French and Arabic.
Topic:
Health, War on Drugs, Drugs, Public Health, and Medicine
Political Geography:
Global Focus

2290. The Individual Sovereignty: Conceptualization and Manifestation

Author:
Nikola Lj. Ilievski
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This paper is qualitative and theoretical research of the concept of sovereignty and the libertarian theory, particularly the concept of individual liberty. It represents a concept developing study, with a specific accent laid on the individual liberty, and the theoretically established concept of sovereignty. The research focus could be identified with the conceptualization and manifestation of the individual sovereignty, as a theoretical phenomenon that is not fully conceptualized and strictly defined. In the scope of this paper, content analysis method and comparative method are used. The analysis, comparison and synthesis refer to the theories of sovereignty and the theory of libertarianism, resulting in developing the concept of individual sovereignty and its socio-political manifestation.
Topic:
Sovereignty, Legal Theory, International Relations Theory, State, and Civil Liberties
Political Geography:
Global Focus