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11. Explaining US unilateral military intervention in civil conflicts: A review of the literature

Author:
Amber Aubone
Publication Date:
03-2013
Content Type:
Journal Article
Journal:
International Politics
Institution:
Palgrave Macmillan
Abstract:
Recent third-party use of force in hastening the exit of Libyan leader Muammar Gaddafi illustrates that third-party military intervention is one foreign policy tool among many that leaders may use to achieve desired ends. Numerous works from international relations and foreign policy scholars explain third-party intervention using a variety of approaches and methods, and examining multiple levels of analysis. The survey of the literature provided here contributes to our understanding of US unilateral intervention by examining this phenomenon using both general theories of third-party intervention, as well as more refined foreign policy theories explaining US intervention in particular. As such, the survey includes works employing various approaches and levels of analysis, and thus serves two purposes: (a) to assist in the cumulation of knowledge pertaining to US unilateral intervention through consolidation of theory and empirical findings; (b) to serve as a source from which scholars can identify contradictions and future avenues of research pertaining to third-party intervention.
Topic:
International Law
Political Geography:
United States and Libya

12. New Great Powers and International Law in the 21st Century

Author:
Congyan Cai
Publication Date:
11-2013
Content Type:
Journal Article
Abstract:
Great Powers (GPs) have always been prominent in international relations. Their rise and fall often lead to structural transformations of international relations. In the past decade, the world has witnessed the rise of some New GPs (NGPs), which primarily consist of Brazil, Russia, India, China, and South Africa (BRICS). While the effect of the supremacy of the United States, an Old GP (OGPs), on international law has been examined extensively since 2000, international lawyers have hardly discussed how the rise of NGPs may shape and reshape international law. This article endeavours to examine the implications for such rise that stem from the rise of NGPs. In particular, as an 'insider' from an NGP, the author reviews the latest development in China's international legal policy and practice.
Topic:
International Relations and International Law
Political Geography:
Russia, United States, China, India, South Africa, and Brazil

13. Protection and Realization of Indigenous Peoples' Land Rights at the National and International Level

Author:
Katja Göcke
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Today, it is generally recognized that the relationship to land forms the basis of an indigenous people's identity, and that indigenous peoples' cultures cannot be preserved without a certain degree of control over land and natural resources. In the course of colonization, however, indigenous peoples lost ownership and control over most of their ancestral lands, and from the end of the 19th century onwards the existence of inherent indigenous land rights, i.e. rights not derived from the colonial powers but rooted solely in the use and ownership of the land by indigenous peoples since time immemorial, had been completely denied. This began to change in the 1960s. Due to increased pressure by national courts and international institutions, state governments started to recognize the continued existence of inherent indigenous land rights and to develop different policies to protect them. This paper looks at how indigenous peoples' land rights are nowadays recognized and protected in the United States of America, Canada, Australia, and New Zealand, and whether the different national approaches are in accordance with international legal standards. It will be shown that none of the States subject to this study acts completely in accordance with its obligations under international law, but that nevertheless all States have some strong points regarding the realization and protection of indigenous land rights and can learn from each other's experiences.
Topic:
International Law
Political Geography:
United States, America, Canada, and Australia

14. A Step Further on Traditional Peoples Human Rights: Unveiling the Key-Factor for the Protection of Communal Property

Author:
Giovana F. Teodoro and Ana Paula N.L. Garcia
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The purpose of this article is to provide a new perspective in relation to the protection of property rights of indigenous and non-indigenous peoples. Through an analysis based on the jurisprudence of the Inter-American Human Rights System, it is possible to identify the core elements that justify the special protection concerning traditional territories, leading to a rationality that revolves around the unique bond that traditional peoples establish with their land. By studying the recent evolution of the debate within the Inter-American Court of Human Rights, the article intends to shift the focus from formal and constricted ethnic classifications to the underlying cultural identity aspects of the relationship between a certain people and its own land. This change of perspective allows the consolidation of a singular idea of property rights towards traditional territories. Aimed not only at indigenous peoples, but also to any community that shows a distinguished and deep cultural tie to its land, this particular property right notion leads to a more comprehensive and consistent protection of indigenous and non-indigenous peoples' fundamental rights.
Topic:
International Law
Political Geography:
United States and America

15. Disarming Syria

Author:
Jean Pascal Zanders
Publication Date:
09-2013
Content Type:
Policy Brief
Institution:
European Union Institute for Security Studies
Abstract:
Since the chemical weapons (CW) attacks on the Ghouta district just outside Damascus on 21 August, political developments have taken several unexpected twists leading Syria to become the 190th party to the Chemical Weapons Convention (CWC). Russia and the United States reached agreement on a framework for the dismantlement of Syria's chemical warfare capacity, in which the Organisation for the Prohibition of Chemical Weapons (OPCW) as well as the United Nations will play central roles. Western threats of military force – although they undeniably contributed to Syria's acceptance of the deal – have receded for the time being. And while the deferral of international justice regarding the Ghouta strikes will frustrate many parties, the emphasis on disarmament may actually open up the prospect of a negotiated end to the conflict.
Topic:
Arms Control and Proliferation, International Law, and Weapons of Mass Destruction
Political Geography:
Russia, United States, Middle East, Arabia, and Syria

16. The Case for International Law

Author:
Harold Hongju Koh and Michael Doyle
Publication Date:
12-2013
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
In “The War of Law” (July/August 2013), Jon Kyl, Douglas Feith, and John Fonte purport to explain the state of international law and how it “undermines democratic sovereignty.” Their portrayal, however, hardly rises above caricature. Their legal prescriptions ignore constitutional history and, if followed, would drastically weaken U.S. foreign policy. The authors may not like the contemporary practice of international law, but their own ideas are painfully antiquated, better suited to an insular nineteenth-century nation than the great power the United States has become.
Topic:
Foreign Policy, International Law, and Law
Political Geography:
United States

17. The future of the CWC in the post-destruction phase

Author:
Jean Pascal Zanders, Richard Guthrie, Cindy Vestergaard, Ralf Trapp, and Yasemin Balci
Publication Date:
03-2013
Content Type:
Working Paper
Institution:
European Union Institute for Security Studies
Abstract:
At the 17 th Conference of the States Parties to the Chemical Weapons Convention (CWC) held in November 2012, the subject generating the most debate concerned the place of non-governmental organisations (NGOs) in CWC meetings and whether their role should be rather passive (i.e. 'attend') or be characterised by more active involvement (i.e. 'participate'). The latter option would allow them to address States Parties at meetings or organise side events within (rather than outside) the conference building. Addressing one of the core functions of the disarmament treaty, Libya, Russia and the United States reported in detail on progress and issues affecting the destruction of their respective chemical weapon (CW) stockpiles. Despite the fact that all three countries had missed the ultimate destruction deadline of April 2012, no state raised its flag to comment, question or protest about the delays. When the negotiators of the CWC concluded their business in September 1992 and decided to forward the treaty text to the UN General Assembly (UNGA) for assent, missing the destruction deadlines was universally viewed as one of the worst possible breaches of the CWC. In practice, a robust verification regime combined with permanent in - formation sharing, voluntary transparency beyond the requirements in the Convention, and dialogue over the years yielded commonly approved decisions to extend the destruction deadlines with strict monitoring and reporting requirements. Confident that the holders of the three largest declared CW stockpiles have no malicious intent, States Parties can continue with the implementation of all dimensions of the CWC without recriminations or deadlock.
Topic:
Arms Control and Proliferation, International Cooperation, International Law, International Organization, and Nuclear Weapons
Political Geography:
Russia, United States, and Libya

18. The Comprehensive Nuclear-Test-Ban Treaty and Its Relevance for the Global Security

Author:
Daša Adašková and Tomáš Ludík
Publication Date:
06-2013
Content Type:
Journal Article
Journal:
Obrana a strategie (Defence & Strategy)
Institution:
University of Defence
Abstract:
The Comprehensive Nuclear-Test-Ban Treaty (CTBT) is one of important international nuclear non-proliferation and disarmament measures. One of its pillars is the verification mechanism that has been built as an international system of nuclear testing detection to enable the control of observance of the obligations anchored in the CTBT. Despite the great relevance to the global non-proliferation and disarmament efforts, the CTBT is still not in force. The main aim of the article is to summarize the importance of the CTBT and its entry into force not only from the international relations perspective but also from the perspective of the technical implementation of the monitoring system.
Topic:
Security, NATO, International Law, United Nations, and International Affairs
Political Geography:
Afghanistan, United States, China, Iran, Middle East, India, Asia, France, and Arabia

19. Grand Strategy and International Law

Author:
Nicholas Rostow
Publication Date:
04-2012
Content Type:
Working Paper
Abstract:
U.S. grand strategy, the calculated relationship between means and large ends, needs to be developed and implemented in an international legal context because of the nature of U.S. society and values, and the overriding requirement to prevent nuclear war. Since World War II, successive administrations have conceived of U.S. alliances, partnerships, arms control agreements, and international actions more generally as grand strategy. A central component of U.S. success has been creating, leading, and sustaining a minimum world order that all states have come to see as representing their core interests. International law cannot be and has never been far from U.S. policymaking because Americans have believed that it is essential to the maintenance of the minimum world order necessary for peace and the prevention of nuclear war insofar as it is possible to achieve these goals.
Topic:
Foreign Policy, Defense Policy, Arms Control and Proliferation, International Law, and Nuclear Weapons
Political Geography:
United States

20. A Global Trust for Rule of Law

Author:
Mark P. Lagon
Publication Date:
10-2012
Content Type:
Policy Brief
Institution:
Council on Foreign Relations
Abstract:
The rule of law is critical for people to have a meaningful opportunity to thrive. Still, for billions of people around the world today, the rule of law exists on paper but not in practice. Even though a theme for the United Nations General Assembly High-Level Panel in fall 2012 is rule of law, various UN programs devoted to rule of law have not had a transformative impact. Traditional intergovernmental institutions will never offer enough to achieve systemic change. To supplement them and achieve what they alone cannot, the United States should take the lead to forge a more nimble partnership with public, private, and nonprofit sectors and establish a Global Trust for Rule of Law (“Global Trust”). Similar to the Global Fund to Fight AIDS, Tuberculosis and Malaria (“Global Fund”), a diverse board of donor states, philanthropists, rule of law experts, and civil society representatives would run this Global Trust. Its purpose would be to build developing nations' capacity to implement rule of law and unleash the potential of marginalized groups worldwide, promoting not only human dignity but, crucially, global economic growth.
Topic:
Development, Economics, Human Rights, International Cooperation, International Law, Non-Governmental Organization, and United Nations
Political Geography:
United States