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121. Feminist Strategy in International Law: Understanding Its Legal, Normative and Political Dimensions

Author:
Catherine O'Rourke
Publication Date:
10-2017
Content Type:
Journal Article
Abstract:
While international law has typically waxed and waned in feminist favours, contemporary feminist engagements reveal a strongly critical, reflective thrust about the costs of engaging international law and the quality of ostensible gains. To inform this reflection, this article draws on feminist scholarship in international law – and a specific feminist campaign for the implementation of United Nations Security Council Resolution 1325 (2000) on Women, Peace and Security in Northern Ireland – to distil three distinct feminist understandings of international law that underpin both theory and advocacy. International law is understood, first, as a system of rules to which states are bound; second, as an avenue for the articulation of shared feminist values; and, third, as a political tool to advance feminist demands. The study finds that feminist doctrinalists, and those working within the institutions of international law, share concerns about the resolution’s legal deficiencies and the broader place of the Security Council within international law-making. These concerns, however, are largely remote for local feminist activists, who recognize in the resolution important political resources to support their mobilization, their alliances with others and, ultimately, it is hoped, their engagement with state actors. The article concludes that critical reflection on feminist strategy in international law is usefully informed by more deliberate consideration of its legal, political and normative dimensions as well as by an awareness that these dimensions will be differently weighted by differently situated feminist actors.
Topic:
International Law, United Nations, Women, and Feminism
Political Geography:
Europe and Northern Ireland

122. Doris Leuthard, President of Switzerland

Author:
Doris Leuthard
Publication Date:
09-2017
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
Her Excellency Doris Leuthard, President of the Swiss Confederation, addresses the Columbia University World Leaders Forum in Low Library.
Topic:
Conflict Resolution, Development, Globalization, Human Rights, International Law, and Peacekeeping
Political Geography:
Europe and Switzerland

123. Rule of Law and Peace and Order in the South China Sea and the West Philippine Sea

Author:
Catherine S. Panaguiton
Publication Date:
03-2017
Content Type:
Policy Brief
Institution:
Council on International Policy (CIP)
Abstract:
Chinese incursions in disputed waters in the SCS and WPS started from as early as the 1950s. However, they were scant and far in between. As decades passed, Chinese surveillance and incursions and the incidents between PRC, RP and Vietnam have increased in these areas. Rapid reclamation activities by PRC and the construction of installations on them (many of which are of a military nature)7, amidst protests by its neighbors (including the Philippines) and claimant states, have likewise increased the tensions.
Topic:
International Law and Peace Studies
Political Geography:
China and Philippines

124. UNDRIP Implementation Braiding International, Domestic and Indigenous Laws

Author:
CIGI
Publication Date:
05-2017
Content Type:
Special Report
Institution:
Centre for International Governance Innovation
Abstract:
In Canada, implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is an opportunity to explore and reconceive the relationship between international law, Indigenous peoples’ own laws and Canada’s constitutional narratives. In May 2016, Indigenous and Northern A airs Minister Carolyn Bennett addressed the Permanent Forum on Indigenous Issues at the United Nations and o cially endorsed UNDRIP1 — without the quali cations attached by the previous government, which held the declaration to be aspirational and not legally binding. While this announcement did not change the legal relevance of UNDRIP in Canada, it does express the political will to begin implementation and signals that Canada may be on a path toward reconciliation with Indigenous peoples. us, the announcement also raised legal and policy questions about how the federal government intends to adopt and implement this soft law instrument.
Topic:
Human Rights, International Law, and International Affairs
Political Geography:
Canada

125. The Integrity of States: Corruption in the EU's Southern Neighbourhood. Arab Transformations Policy Brief No 6

Author:
Andrea Teti and Pamela Abbott
Publication Date:
04-2017
Content Type:
Policy Brief
Institution:
Arab Transformations Project, University of Aberdeen
Abstract:
Corruption is the antithesis of the Rule of Law and erodes the discourse of fairness and mutual consideration which is necessary for peace, prosperity and socioeconomic development. It increases the risk of state capture and resistance to change by the political elite. It results in poor public management and resource allocation and an inequitable distribution of resources and national wealth. It is a problem not just for individual countries but also for harmonious diplomatic and economic relations. The European Union’s Neighbourhood Policy is intended to help its near neighbours develop into a sustainable economic, social and political stability. At the same time the EU deploys normative leadership to promote a social and political security based on a respect for human rights, a dependence on the Rule of Law and a style of governance which can listen to its people and can face replacement, if need be, without the need for armed confrontation. For this, the extent of corruption in MENA is a serious problem. Keywords: Corruption, Middle East, Arab Spring
Topic:
Corruption and International Law
Political Geography:
Europe and Middle East

126. Universal Jurisdiction in Absentia Before Domestic Courts Prosecuting International Crimes: A Suitable Weapon to Fight Impunity?

Author:
Tim Kluwen
Publication Date:
12-2017
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article addresses the legality and desirability of States asserting universal jurisdiction without the suspect being present on their territory when prosecuting international crimes before domestic courts. First the legality under international law of States asserting universal jurisdiction in absentia (or absolute universal jurisdiction) will be discussed. No comprehensive regulation in this regard appears to exist in codified international law. Based on State practice, it would seem that no customary law either fully permits or entirely prohibits States asserting absolute universal jurisdiction. Applying the Lotus paradigm, it could arguably be concluded that the lack of a prohibition under international law results in States being allowed to assert universal jurisdiction in absentia when prosecuting certain international crimes. Having established its legality, this article will consequently approach absolute universal jurisdiction from a normative point of view, i.e. whether States should assert it. Although a tool in ending impunity of perpetrators of international crimes, it will be concluded that it is undesirable for States to assert absolute universal jurisdiction. Its use is likely to compromise fundamental rights of the accused and has a destabilizing effect on international relations while only suboptimally serving the goals of criminal prosecution.
Topic:
International Law, Territorial Disputes, Courts, and Jurisdiction
Political Geography:
Global Focus

127. The International Responsibility of Non-State Armed Groups: In Search of the Applicable Rules

Author:
Ezequiel Heffes and Brian E. Frenkel
Publication Date:
12-2017
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In the last few decades, the role of non-state armed groups has become an essential topic of analysis and discussion to better understand international humanitarian law dynamics. While their increasing importance is uncontroversial, their place and regulation in specific areas of international law still remains unclear or insufficiently explored. Chief among these is the possible non-state armed groups’ international responsibility. Although it is undisputed that some of these entities breach their international law obligations, others seemingly engage with certain rules on the topic. This article addresses some legal consequences of such scenarios. Taking into account the principle of equality of belligerents in non- international armed conflicts, two issues are dealt with: i) the existence of “non- state” organs that could trigger the attribution of violations of international rules to non-state armed groups; ii) possible reparations owed by these non-state entities for their breaches during armed conflicts.
Topic:
International Law, Non State Actors, and Armed Conflict
Political Geography:
Global Focus

128. Modification of Renewable Energy Support Schemes Under the Energy Charter Treaty: Eiser and Charanne in the Context of Climate Change

Author:
Tomas Restrepo
Publication Date:
12-2017
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Nearly half of the claims brought under the Energy Charter Treaty1 raise issues related to the modification of the Renewable Energy Support Schemes (RESs), but only two decisions have been published: Charanne and Eiser. This paper evaluates these decisions in light of the existing general practice on expropriation and Fair and Equitable Treatment, as well as from a pragmatic perspective in the context of climate change. The article concludes that tribunals should recognize reinforced stability to RESs under the ECT.
Topic:
Climate Change, Energy Policy, Environment, International Cooperation, International Law, and Renewable Energy
Political Geography:
Global Focus

129. Human Rights of Non-Status Migrants in Japan

Author:
Kazue Takamura and Erik Martinez Kuhonta
Publication Date:
01-2017
Content Type:
Policy Brief
Institution:
Institute for the Study of International Development, McGill University
Abstract:
Japan employs a mandatory detention policy toward non-status migrants, including asylum-seekers. This practice triggers a set of human rights concerns that are in conflict with international human rights law. The number of asylumseekers has increased sharply from 1,202 in 2010 to 10,901 in 2016. Yet, the country’s refugee acceptance rate was a record low of 0.25 percent. Migrant detainees often experience fundamental human rights violations, including the lack of access to legal representation, prolonged periods of detention, inadequate health care, and unexplained deaths in detention facilities. Japan’s immigration authorities normalize their closed-door policies toward asylum-seekers by questioning the “refugeeness” of asylumseekers and labeling them as “fake asylum-seekers.” It is necessary to facilitate active and sustainable multi-stake holders’ collaboration among NGOs, municipal governments, health professionals, lawyers, and scholars in order to challenge the state’s human rights violations toward migrants.
Topic:
Human Rights, International Law, Immigration, Asylum, and Migrant Workers
Political Geography:
Japan and Asia

130. R2P Monitor, Issue 30, 15 November 2016

Author:
Global Centre for the Responsibility to Protect
Publication Date:
11-2016
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 30 looks at developments in Syria, Iraq, Yemen, Sudan, Burma/Myanmar, South Sudan, Democratic Republic of the Congo, Burundi, Nigeria, Central African Republic and Philippines.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Iraq, Sudan, Philippines, Yemen, Democratic Republic of the Congo, Syria, Nigeria, Burundi, Myanmar, South Sudan, and Central African Republic