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Begin New Search Topic International Law Publication Year within 25 Years

341. International Narcotics Law Enforcement: A Study in Irrationality

Author:
Frank G. Madsen
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
This year sees the celebration of the first century of international legal provisions against the illicit production and trade of narcotics substances. Accordingly, this is an appropriate moment to evaluate the results obtained. The following essay considers how the international prohibition regime created the crime of drug trafficking. The ensuing function of denied demand is the inescapable basis for the development of organized crime. Second, costs of the regime are critically assessed. The former include institutional costs of law enforcement and of the incarceration of individuals sentenced for drug trafficking and related offences, e.g., violence and financial crimes. The indirect costs are difficult to gauge and impossible to monetize. They include the immense suffering caused by drug trafficking as well as the deterioration of public services due to corruption. The present situation on both sides of the U.S.-Mexico border is sufficiently eloquent evidence. Also, narcotics legislation leads to racial tension since the incarceration rates for non-whites for these offences is considerably higher than for whites in the United State and the United Kingdom. Third, political premises are briefly analyzed, namely the implementation of narcotics liaison offices in foreign jurisdictions and the linking of foreign aid and trade privileges to a certification of trade partners' adherence to U.S. antinarcotic drugs law enforcement. One might claim, somewhat counterintuitively, that decriminalization of drug trafficking is not necessary. Drug trafficking has already been decriminalized de facto, if not de jure, by the sheer, constant saturation of the market place.
Topic:
International Law
Political Geography:
United States and Mexico

342. Human Rights Obligations of Non-State Actors in Areas of Limited Statehood

Author:
Bernd Ladwig, Daniel Jacob, and Andreas Oldenbourg
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
The idea of a natural duty of justice expresses our cosmopolitan duty to ensure that everyone's human rights are institutionally protected and promoted. The state system is one way to specify this duty: Within a moral division of labor, states have an obligation to protect their citizens' human rights, and the community of states as a whole has subsidiary obligations if states fail to do so. In areas of limited statehood, however, both the remains of the state and the international community often do not fulfill their obligations. Without relieving them of their obligations, this raises the question as to whether it is possible to assign human rights obligations to non-state actors operating in areas of limited statehood, such as TNCs or NGOs. Our core argument is that these non-state actors do indeed have specific human rights obligations, which can be specified by examining their special relations to their social environment. Making use of criteria prominent in the global justice debate, we propose to distinguish four types of special relations: membership, cooperation, negative impact, and power. The relation between a non-state actor and society, then, determines the social scope of its human rights obligations.
Topic:
Civil Society, Human Rights, International Law, Non-Governmental Organization, and Governance

343. Kosovo and Serbia: A Little Goodwill Could Go a Long Way

Publication Date:
02-2012
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
A violent standoff in northern Kosovo risks halting Kosovo's and Serbia's fragile dialogue and threatens Kosovo's internal stability and Serbia's EU candidacy process. Pristina's push to control the whole territory of the young state, especially its borders with Serbia, and northern Kosovo Serbs' determination to resist could produce more casualties. Belgrade has lost control and trust of the northern Kosovo Serb community, which now looks to homegrown leaders. The international community, especially the EU and U.S., should encourage Belgrade to accept the government in Pristina as an equal, even if without formal recognition, but not expect it can force local compliance in northern Kosovo. All sides should seek ways to minimise the risk of further conflict, while focusing on implementing what has been agreed in the bilateral technical dialogue. They should build confidence and lay the groundwork for the political talks needed to guide a gradual transformation in northern Kosovo and eventually lead to normal relations between Kosovo and Serbia.
Topic:
Conflict Resolution, International Law, Sovereignty, and Territorial Disputes
Political Geography:
Kosovo, Serbia, and Balkans

344. Kenya: Impact of the ICC Proceedings

Publication Date:
01-2012
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Although the mayhem following the disputed December 2007 elections seemed an exception, violence has been a com­mon feature of Kenya's politics since the introduction of a multiparty system in 1991. Yet, the number of people killed and displaced following that disputed vote was unprecedented. To provide justice to the victims, combat pervasive political impunity and deter future violence, the International Criminal Court (ICC) brought two cases against six suspects who allegedly bore the greatest responsibility for the post-election violence. These cases have enormous political consequences for both the 2012 elections and the country's stability. During the course of the year, rulings and procedures will inevitably either lower or increase com­munal tensions. If the ICC process is to contribute to the deterrence of future political violence in Kenya, the court and its friends must explain its work and limitations better to the public. Furthermore, Kenya's government must complement that ICC process with a national process aimed at countering impunity and punishing ethnic hate speech and violence.
Topic:
Political Violence, Democratization, Government, and International Law
Political Geography:
Kenya and Africa

345. The public law challenge: Killing or rethinking international investment law?

Author:
Stephan W. Schill
Publication Date:
01-2012
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
At the heart of the so-called “legitimacy crisis” of international investment law, prominently reflected in the Public Statement on the International Investment Regime, is what I call the public law challenge. It builds on the observation that one-off appointed arbitrators, instead of standing courts, review government acts and reach far into the sphere of domestic public law by crafting and refining the standards governing in vestor-state relations. Arbitrations against Uruguay and Australia concerning cigarette packaging are the most recent examples of genuinely public law disputes now settled in arbitration. The disputes about Argentina's emergency legislation and Canada's ban on pesticide s are others. These arbitrations create friction with domestic public law as arbitrators, having little democratic legitimacy, often operate in non-transparent proceedings and produce increasing amounts of incoherent decisions.
Topic:
Economics, International Law, International Trade and Finance, Markets, and Foreign Direct Investment
Political Geography:
Canada, Argentina, and Australia

346. Issues of Minority Rights in the Ethiopian Federation

Author:
Haileyesus Taye Chekole
Publication Date:
04-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
Ethiopia is an ancient country with a rich diversity of peoples and cultures. Paleontological studies identify Ethiopia as one of the cradles of humankind. ―Dinknesh or ―Lucy, one of the earliest and most complete hominoids discovered through archaeological excavations, dates back to 3.5 million years (Milkias, 2010). Ethiopia‟s geographical and historical factors have had a great influence on the distribution of its peoples and languages. Ethiopia embraces a complex variety of nations, nationalities and peoples, and linguistic groups. Altogether, its peoples speak more than 80 different languages, comprising 12 Semitic, 22 Cushitic, 18 Omotic and 18 Nilo-Saharan languages (Central Statistic Report, 2007). This makes Ethiopia a mosaic of languages and culture. The country has always maintained its independence, even during the colonial era in Africa. Ethiopia‟s membership in multilateral governmental organizations started as a member of the defunct League of Nations. Ethiopia was one of the founding members of the United Nations and has been playing an active role in African affairs. It specifically played a pioneering role in the formation of the Organization of African Unity (OAU). In fact, the capital city, Addis Ababa, has been a seat for the OAU since its establishment and continues serving as the seat for the African Union (AU) today.
Topic:
Human Rights, International Law, and Minorities
Political Geography:
Africa, United Nations, and Ethiopia

347. European Minority Rights Law: Unilateral Legislation in Favour of Kin-Minorities

Author:
Tove H. Malloy
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The international approach to unilateral legislation with extraterritorial reach is quite clear. General principles of customary international law entrust the state where national minorities reside with the task of securing the rights of all persons within its jurisdiction. Preferential treatment of national minorities by their kin-state is considered the exception unless it is established through bilateral treaties, or as a minimum agreed among the parties involved. The League of Nations system was the first European multilateral attempt to provide protection for minorities outside the mother state through bilateral treaties. After the collapse of the League of Nations system and the transfer of international protection of minorities to the United Nations system, bilateralism was not specifically promoted but nonetheless carried over as the main approach to kin-minority protection. This approach came under pressure after 1989 and the collapse of Communism when a number of countries adopted unilateral laws on kin-state minorities and compatriots living abroad. The bilateral approach received renewed attention, therefore, as part of the multilateral approach promoted by the international community after 1989.
Topic:
Human Rights, International Law, Governance, Sanctions, and Minorities
Political Geography:
Europe and United Nations

348. Policy-to-Outcome Indicators and the European Charter for Regional or Minority Languages

Author:
Federica Prina
Publication Date:
09-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
Indicators to measure the performance of international human rights treaties are increasingly a requirement in the assessment of the impact of legal standards. In the case of national minority standards, the Council of Europe's Secretariat of the Framework Convention for the Protection of National Minorities (FCNM) began its work on indicators in 2008. A study to theorize and conceptualize political indicators describing the performance of the FCNM was produced in the areas of legal and political adaptation of provisions in the states parties to the instrument. The study concluded that further efforts should be made to encompass performance indicators assessing the direct impact of the FCNM on the lives of persons belonging to national minorities. Meanwhile, there has been no parallel process by the Council of Europe to compile indicators of impact for its other legally binding instrument that is of special relevance to national minorities: the European Charter for Regional or Minority Languages (the Charter). This paper provides a preliminary conceptual framework for the development of indicators to measure the impact of the Charter in the states parties to the instrument, using a policy-to-outcome approach.
Topic:
International Law, Governance, and Minorities
Political Geography:
Europe

349. Engaging Nonstate Armed Groups on the Protection of Children: Towards Strategic Complementarity

Author:
Jérémie Labbé and Reno Meyer
Publication Date:
04-2012
Content Type:
Policy Brief
Institution:
International Peace Institute
Abstract:
This issue brief provides an overview of the legal, political, and operational frameworks protecting children from the effects of armed conflict, notably from violations by nonstate armed groups. The UN Secretary-General has repeatedly emphasized the need to “more consistently and effectively engage non-State armed groups in order to improve their compliance with the law,” including international human rights and international humanitarian law. This is of particular importance with regard to child protection as armed conflicts have far-reaching impacts on children, who are among the most vulnerable members of society. The issue brief explores some of the limitations of these frameworks and their mechanisms, and discusses ways to maximize the comparative advantages of different actors when engaging nonstate armed groups to improve the protection of children's rights.
Topic:
Political Violence, Human Rights, Human Welfare, International Law, Insurgency, and Youth Culture
Political Geography:
United Nations

350. State-controlled entities control nearly US$ 2 trillion in foreign assets

Author:
Karl P. Sauvant and Jonathan Strauss
Publication Date:
04-2012
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
Developing country sovereign wealth funds (SWFs) as players in the world foreign direct investment (FDI) market have received considerable attention. While outward FDI from emerging markets has indeed risen dramatically, that by SWFs has been negligible: their outward FDI stock is around US$ 100 billion (compared to a world FDI stock of US$ 20 trillion in 2010).
Topic:
Development, Economics, Emerging Markets, Government, International Law, and Foreign Direct Investment
Political Geography:
United States