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1. The Prospective and Limitations of the Syrian Constitutional Committee

Author:
Sinan Hatahet
Publication Date:
02-2020
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
The Syrian Constitutional Committee, a UN-authorised constituent assembly, was established to reconcile the Syrian government and the Syrian opposition, in the context of the peace process, by adopting a new constitution for Syria. While it enjoys a measure of international legitimacy, it may be a mechanism to override the terms of UN Security Council’s resolutions 22541 in favour of establishing the Astana talks as the only regulator of the political process. The committee has encountered several challenges. First is the divergence of expectations between the opposition and the Syrian government; second, the lack of a clear time frame for its deliberations; third, the Syrian government’s insistence on imposing its anti-terrorism vision; finally, the lack of international commitment to its outcome, mainly from the US and its partners. This brief examines the positions of both the Syrian government and the opposition and their expectations from the constitutional process as well as the impact of the Turkish offensive in the north east of the country on the process.
Topic:
Constitution, Syrian War, Negotiation, and Transition
Political Geography:
Middle East, United Nations, and Syria

2. Russian views on the Constitutional Committee and the political process in Syria

Author:
Nikolay Sukhov
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
The Russian leadership believes that the Constitutional Committee (CC) is a key factor in a political settlement in Syria. Russia hopes that the West, primarily the EU, adhering to the principle of “no reconstruction without a political transition”1, would regard the launch of the CC as the beginning of this political process and increase humanitarian aid to Syrians living in government- controlled territory. Russia's position on the constitution issue differs from that of the Syrian government. However, glimmer of hope could come from events in northeast Syria2, which has strengthened position of the opposition in the CC. Yet, neither Russia, nor Syria, are ready to recognise this reality. The Russian leadership is not likely to promote rapprochement between the Syrian government and the opposition on reform issues, as Russia perceives these to be the internal affairs of Syria. In Russia, it is perceived that the constitutional, and later, the political process based on the new constitution, could facilitate the return of refugees. The next step after the adoption of the new constitution should be legislative reform, which would bring Syrian legislation into line with the constitution. The topic of legislative reform in Syria could become bargaining tool for Europe in negotiations with Russia. If Europe wishes to stabilise the situation in Syria and the Middle East, it should first participate in reconstruction efforts by reviving the economy, and thereby Syrian civil society. This would be an indirect stimulation of political reforms. In this case, European leaders need to develop a long-term strategy aimed at improving Syrian society, preventing radical ideas, terrorism and possible new waves of migration to Europe. Russia could contribute to the implementation of European initiatives as the interests of Russia and Europe to stabilise Syria and the region coincide.
Topic:
Constitution, Syrian War, Negotiation, and Peace
Political Geography:
Russia, Middle East, and Syria

3. A Difficult Mission: Will the appointment of Allawi as Prime Minister end the crisis in Iraq?

Author:
FARAS
Publication Date:
02-2020
Content Type:
Commentary and Analysis
Institution:
Future for Advanced Research and Studies (FARAS)
Abstract:
The attacks on some Iraqi demonstrators on February 3, 2020, on account of which a number of so-called "blue hats" were indicted, imply the persistence of the Iraqi political crisis, despite the appointment of Muhammed Tawfiq Allawi as head of the new government. Allawi, who was the former Minister of Communications, was officially appointed by President Barham Saleh at the beginning of February 2020. The announcement comes two months after the House of Representative accepted the resignation of Adil Abdul-Mahdi, the former Prime Minister of the Caretaker Government. However, according to the Iraqi constitution, the appointment of a new prime minister should have been selected from the ‘largest bloc’ within the Parliament and should have taken place within a maximum period of 15 days, following the resignation. What is worth noticing here is that the mechanism by which Allawi was nominated for Prime Minister resembles that of Adil Abdul-Mahdi. Identifying the largest bloc within the parliament was also overlooked, because of the consensus between the various political forces, particularly between the two the coalitions, Saairun ‘Alliance Towards Reforms’and the Fatah ‘Conquest Alliance’, which are occupying the largest number of seats in Parliament. This is actually contrary to what is affirmed by the Iraqi constitution in Article 76 thereof, which states that “the President of the Republic shall charge the nominee of the largest Council of Representatives bloc with the formation of the Council of Ministers…".
Topic:
Government, Constitution, and Protests
Political Geography:
Iraq, Iran, Middle East, and Gulf Nations

4. Mixing politics and force: Syria’s Constitutional Committee in review

Author:
Lars Hauch
Publication Date:
08-2020
Content Type:
Special Report
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
This report examines Syria’s Constitutional Committee process and parallel military developments during the Syrian civil war to reveal that the two have so far been interconnected. It arrives at the conclusion that the Government of Syria and Russia created and subsequently manipulated various linkages between conference room and battlefield to increase their own advantage. This has included the use of the Constitutional Committee as a placeholder to avoid greater Western diplomatic, or even military, efforts to resolve the conflict; the deliberate targeting of civilians and civilian infrastructure to force opposition bodies out of Syria; and polarization of the Committee by engaging in continuous human rights abuses among the Syrian population during negotiations. The Constitutional Committee can still help build bridges, but this requires redressing the balance of forces on the battlefield first. A joint Turkish-European military humanitarian intervention in northwestern Syria can serve this purpose and revitalize efforts to negotiate a (late) solution to the war.
Topic:
Diplomacy, Constitution, Humanitarian Intervention, Syrian War, and Negotiation
Political Geography:
Russia, Middle East, and Syria

5. Pushing the EU to a Hamiltonian Moment: Germany’s Court Ruling and the Need to Build a Fiscal Capacity Force a Constitutional Debate

Author:
Daniela Schwarzer and Shahin Vallée
Publication Date:
05-2020
Content Type:
Special Report
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
The recent ruling of the German Constitutional Court on the ECB was an economic and political bombshell. The deep controversy that resulted – within Germany and on a European scale – illustrates that the ambiguity surrounding the euro area’s legal order and architecture may have reached its limit. The ruling, combined with the plan to build a fiscal capacity to address the economic consequences of the coronavirus crisis, presents the EU with an important opportunity to complete and solidify the euro area.
Topic:
European Union, Constitution, Economy, Fiscal Policy, and Judiciary
Political Geography:
Europe and Germany

6. What would no deal mean?

Author:
Anand Menon, David Bailey, Tim Bale, Catherine Barnard, Matthew Bevington, Meredith Crowley, Sarah Hall, Katy Hayward, Martin Heneghan, Carmen Hubbard, Lisa James, Hussein Kassim, Ben Kienzle, Nicola McEwen, Jonathan Portes, Ivan Rajic, Meg Russell, Jill Rutter, Thomas Sampson, Maddy Thimont-Jack, Alan Wager, and Dan Wincott
Publication Date:
09-2020
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
We now have a Withdrawal Agreement, which means ‘no deal’ means ‘no trade deal’. Yet a no deal outcome would still have profound implications for the UK. As we analyse in this report, from trade to connectivity to foreign policy to cooperation in policing, a failure to strike an agreement with the EU will impact on us in numerous ways.
Topic:
International Relations, Politics, European Union, Constitution, Economy, Trade, and Society
Political Geography:
United Kingdom and Europe

7. Revisited: What would ‘trading on WTO terms’ mean?

Author:
Catherine Barnard and Anand Menon
Publication Date:
05-2020
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
Whether it is because of fishing rights, financial services, the EU’s insistence that the UK adhere to its level playing field, governance demands, or simply running out of time, it is far from clear that a trade deal will be successfully negotiated and approved by the end of 2020. As a consequence, the notion of the UK trading with the EU ‘on WTO terms’ has resurfaced. We have produced this report to explain what the WTO is and what trading on WTO terms actually means legally and practically. It updates an earlier version published in 2018.
Topic:
European Union, Constitution, Economy, Brexit, Trade, and WTO
Political Geography:
United Kingdom and Europe

8. Brexit: what next?

Author:
Anand Menon
Publication Date:
02-2020
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The UK has finally left the European Union. Brexit has happened. However, what promises to be a long and complex process of dealing with its implications is only just beginning. Given this, we thought it was worth trying to take stock of where we’ve got to, and to look forward to the challenges that confront us moving forward. Social science has as much, if not more, to offer in phase two as it did in phase one.
Topic:
European Union, Constitution, Economy, and Brexit
Political Geography:
United Kingdom and Europe

9. Federal Iraq and Unitary Afghanistan: A comparative analysis of plural societies

Author:
Dayyab Gillani
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
This paper analyzes the ongoing democratization process in Iraq and Afghanistan. It examines the political institutions established in both countries by using the comparative method of analysis. The paper shows that both Iraq and Afghanistan are primarily plural societies and are divided along sectarian and ethnic lines. Drawing from the academic literature, the paper proposes that consociational democracy is the best democratic alternative for plural/divided societies. The paper mainly argues that even though Iraq and Afghanistan share somewhat similar demographic characteristics, their newly installed democratic institutions reveal a sharp contrast. It investigates the reasons for this dissimilar choice of political institutions and proposes that the democratic institutions in both the countries must be formulated in line with the principles of consociational democracy.
Topic:
Democratization, Democracy, Constitution, and Pluralism
Political Geography:
Afghanistan, Iraq, and Middle East

10. Identity Belonging and Constitutional Reform in Algeria: Reconciliating Ideologies for a Peaceful Transition

Author:
Yacine Adberahmane
Publication Date:
10-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
On 1 November 2020, Algerians will vote in a referendum on a new constitution proposed by current President Tabboune. Algeria’s successive constitutions have historically overlooked the country’s diversity. This paper argues that this latest constitutional process was a missed opportunity to encourage peaceful and meaningful exchanges between the country’s different groups, ultimately worsening tensions between both secularists and Islamists and between Arabists and Berberists. It calls on civil society actors to challenge the grip of the central authorities over the identity debate and to initiate a much-needed societal dialogue.
Topic:
Reform, Constitution, Peace, and Identity
Political Geography:
Africa and Algeria