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42. Missed Communications and Miscommunications: International Courts, the Fragmentation of International Law and Judicial Dialogue
- Author:
- Francis Maxwell
- Publication Date:
- 11-2022
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- The increase in the number of international judicial bodies has led to different international courts deciding similar issues of international law. There is the real possibility that these international judicial bodies, not subject to the supervision of a common appeal court, may rule differently on similar questions before them. While this fragmentation of decision-making may undermine the coherency and certainty of the international legal system, it may in some cases be in the interests of the international community, including where divergences in decision-making are the result of specialized regimes or where there is progressive development of the law. So that fragmentation is limited to what is beneficial and necessary for the international community, it is essential that international judicial bodies are in open and structured dialogue with one another. This analysis considers three scenarios of overlapping decision-making, over the course of the lives of two sets of international courts: the International Court of Justice, and the international criminal courts and tribunals. It also considers the recent decision of the International Criminal Court with respect to Palestine and the Court’s refusal to weigh in on questions of general international law, in apparent departure from the previous three examples. It is submitted that these examples demonstrate that insufficient attention is given by these international judicial bodies to the issue of judicial dialogue and its importance. This may undermine the legitimacy of the system and introduce the risks of fragmentation without its benefits.
- Topic:
- International Law, International Court of Justice (ICJ), International Criminal Court (ICC), Dialogue, Fragmentation, and Customary International Law
- Political Geography:
- Global Focus
43. Gendering the Indo-Pacific Dialogue: Opportunities for India and Australia
- Author:
- Priyanka Bhide and Aditi Mukund
- Publication Date:
- 06-2022
- Content Type:
- Working Paper
- Institution:
- International Women's Development Agency (IWDA)
- Abstract:
- Viewing the confluence of the Indian Ocean and Pacific Ocean as a distinctive and interdependent strategic and economic space is fundamentally changing the way both India and Australia think about and examine their relationship with the broader region.i The Indo-Pacific as a strategic construct has grown in prominence in global geopolitical discourse, especially over the last five years. The EU, USA, and several countries in Europe have in place or are developing their own strategies for engagement in the Indo-Pacific region. The European Union collectively advocates for a ‘Free and Open IndoPacific’, designed to foster a ‘rules-based international order, a level playing field, as well as an open and fair environment for trade and investment, tackling climate change and supporting connectivity.’ii For France, the Indo-Pacific is at the heart of its vision for a stable multipolar order, and the Indo-Pacific is listed as a ‘priority and essential partner’.iii Germany too is making an active contribution to shaping the international order in the Indo-Pacific, so that it is ‘based on rules and international cooperation, not on the law of the strong.’iv The significance of the construct is varied for countries that are part of the region. The scope of the conversation in the Indo-Pacific is widening, with more diverse and varied perspectives being brought to the forefront. In this paper, against the backdrop of global Feminist Foreign Policy conversations, we focus on how Australia and India view the Indo-Pacific; marking the shifts in both countries’ approaches, along with bringing in important aspects of their bilateral relationship, highlighting how the Indo-Pacific has grown in significance to become a foreign policy priority, how both India and Australia have incorporated a gender lens in their actions, and what could be the avenues for Australia and India to apply such a lens in their collaborations.
- Topic:
- Foreign Policy, Economics, Geopolitics, Multipolarity, Dialogue, and Gender
- Political Geography:
- India, Australia, and Indo-Pacific
44. Persistent Challenges The future of the US presence in Iraq following the fourth round of the strategic dialogue
- Author:
- FARAS
- Publication Date:
- 08-2021
- Content Type:
- Policy Brief
- Institution:
- Future for Advanced Research and Studies (FARAS)
- Abstract:
- At the conclusion of the fourth round of the strategic dialogue between Baghdad and Washington, US President Joe Biden and Iraqi Prime Minister Mustafa Al-Kadhimi signed an agreement officially ending the US combat mission in Iraq by the end of 2021, more than 18 years after US forces entered Iraq. In return, Baghdad confirmed Iraq's commitment to protecting the international coalition personnel, who provide advisory and training assistance. According to the statements of the Iraqi Foreign Minister, the fourth round of the strategic dialogue between the two countries will be the last. Hence, the understandings that took place between the two sides will form the general framework governing the bilateral relations between the two countries.
- Topic:
- Diplomacy, Bilateral Relations, Armed Forces, and Dialogue
- Political Geography:
- Iraq, Middle East, North America, and United States of America
45. Under Observation: The Libyan conflict and the election of a new government
- Author:
- Ahmed Abdel-Alim Hassan
- Publication Date:
- 02-2021
- Content Type:
- Commentary and Analysis
- Institution:
- Future for Advanced Research and Studies (FARAS)
- Abstract:
- The internationally-supported political dialogue forum in Geneva succeeded in selecting a new government, including Abdul Hamid Mohammed al-Dabaib as Prime Minister, and Muhammad Al-Manfi as President of the Presidential Council as well as two other members of the Council. These results were well received internally, regionally and internationally, which raises a key question relevant to the ability of the new government, though temporary, to effect positive accomplishments leading to the general elections in December 2021.
- Topic:
- Politics, Conflict, Transition, Khalifa Haftar, and Dialogue
- Political Geography:
- Libya and North Africa
46. A Choice in Distress Will the "National Dialogue" Offer a Resolution for Tunisia’s Political Crisis?
- Author:
- Ahmed Nazif
- Publication Date:
- 07-2021
- Content Type:
- Commentary and Analysis
- Institution:
- Future for Advanced Research and Studies (FARAS)
- Abstract:
- The political crisis in Tunisia has been spiraling over the past months with no solution in sight. The reason, in part, is that the country’s constitution, approved in 2014, features complex intertwined interests of the governmental institutions. This situation eventually led to the current conflict between the president, on one side, and the parliament and the government, on the other. In an attempt to resolve the current gridlock, President Kais Saied, on several occasions, called for a radical change of the current political system, while the Islamist Ennahda Movement and its allies fear that they might lose the electoral privileges they have gained thanks to the power-sharing system and the current voting system. The last of Saeid’s calls came up more detailed and within a clearer framework to be shaped by “national dialogue.”
- Topic:
- Government, Constitution, Political Crisis, and Dialogue
- Political Geography:
- North Africa and Tunisia
47. Social Dialogue as a Tool to Fight Inequality & Recover After a Pandemic
- Author:
- Liv Tørres
- Publication Date:
- 07-2021
- Content Type:
- Policy Brief
- Institution:
- Center on International Cooperation (CIC)
- Abstract:
- Si vis pacem, cole justitiam” – “If you desire peace, cultivate justice,” is the motto enshrined in the foundations of the International Labour Organization’s (ILO) building in Geneva, established in 1919. World War I, the Russian Revolution, and the fear of communism that followed, had convinced world leaders that, “universal and lasting peace can be established only if it is based upon social justice,” as they stated in the 1919 Versailles Treaty. Widespread injustice, inequalities, and exclusion were the enemies of peace. Many would argue they are no less relevant today. Over the past 100 years, “social compacts” and “social dialogue” are frequently referenced all over the world as tools to achieve shared growth and prosperity, better working conditions, higher living standards, and higher productivity. Social dialogue is often seen as a miraculous recipe for sustainable development, decent work, and growth, especially in times of crisis or recovery. This was seen in South Africa, where institutions were established as part of the effort to rebuild after Apartheid. It has also occurred periodically in Latin America when social issues have become contentious. The concept was evoked in the U.S.’ New Deal of the 1930s following the economic “crash,” as well as in crisis-torn Scandinavia in the same decade. Now, social dialogue has emerged again among those who are now planning priorities for next decade in the face of massive challenges amidst the COVID-19 pandemic. Liv Tørres considers the following questions in this paper: what actually is social dialogue and what value may it hold for post-pandemic management and recovery?
- Topic:
- Inequality, Peace, COVID-19, Injustice, and Dialogue
- Political Geography:
- South Africa and Africa
48. The path to recognition: Kosovo’s and Serbia’s evolving dialogue
- Author:
- Engjellushe Morina
- Publication Date:
- 06-2021
- Content Type:
- Special Report
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- The EU-sponsored dialogue between Kosovo and Serbia is entering a critical phase: it is unclear whether the parties will agree on a new agenda or continue to discuss old issues. Kosovo Prime Minister Albin Kurti aims to set a new agenda for the dialogue and to place Kosovo on an equal footing with Serbia. The solution to the dispute between Kosovo and Serbia should be to create a societal consensus on both sides of the border. Kurti prefers not to prioritise the dialogue, but it is not in his interest to delay it – as this would only benefit Serbian President Aleksandar Vucic. Kosovo’s leadership should take greater responsibility for the Kosovo Serb community and provide services in areas such as healthcare and education, which are currently in the hands of the so-called ‘parallel structures’. The leadership should avoid linking this provision of services to any future Serbian concessions on Kosovo’s status. An internal dialogue would be the best way to address contentious, politicised issues such as the status of the Serbian Orthodox Church in Kosovo.
- Topic:
- Religion, Culture, European Union, Ethnicity, and Dialogue
- Political Geography:
- Europe, Eastern Europe, Kosovo, and Serbia
49. Enhancing South Asian Nuclear Dialogues: The Implications of Covid-19
- Author:
- Petr Topychkanov
- Publication Date:
- 09-2021
- Content Type:
- Policy Brief
- Institution:
- Stockholm International Peace Research Institute (SIPRI)
- Abstract:
- Before the global spread of Covid-19, nuclear-armed China, India and Pakistan lacked official diplomatic exchanges to address nuclear weapon-related issues. The pandemic then halted even unofficial dialogues between these countries, which had existed in various bilateral and multilateral formats. As a result, China, India and Pakistan are faced with the challenge of keeping a desirable level of predictability concerning each other’s nuclear postures and capabilities. This SIPRI Policy Brief explores ways of dealing with this challenge and enhancing nuclear dialogues in South Asia. It considers both longer-term developments in the region and the recent implications of Covid-19. The paper finds that bilateral dialogue remains more feasible than trilateral dialogue between China, India and Pakistan. Nevertheless, it argues that these countries may need to address specific issues in broader formats. Emphasized by the Covid-19 crisis, such issues notably include emerging technologies and autonomy. On the one hand, these technologies support diplomacy digitalization, allowing nuclear-armed states to use online and mixed formats to develop nuclear dialogues between them. On the other hand, if applied in the military area, these technologies may affect nuclear postures and capabilities, and contribute to military escalation.
- Topic:
- Diplomacy, Nuclear Power, Disarmament, Nonproliferation, COVID-19, and Dialogue
- Political Geography:
- Pakistan, China, South Asia, and India
50. Will the EU’s positive agenda on Turkey amount to anything more than wishful thinking?
- Author:
- Amanda Paul
- Publication Date:
- 11-2021
- Content Type:
- Policy Brief
- Institution:
- European Policy Centre (EPC)
- Abstract:
- One year on, it remains to be seen whether the EU’s positive agenda (PA), an effort to establish a new modus vivendi with Turkey, will bear fruit. Turkey is one of the EU’s most important neighbours and a crucial partner on numerous issues, including migration, counterterrorism, energy and trade. Yet relations have always been challenging, with honeymoon periods few and far between. Bickering and animosity have become the norm. In 2020, escalating disputes in areas from human rights to maritime claims and military interventions brought the relations to a major crisis. Looking ahead, Ankara’s domestic and foreign policy ahead of crucial elections in 2023 (or earlier), the Cyprus problem, Germany’s leadership change, the 2022 French presidential election and Paris taking over the EU Council Presidency will all impact relations. Amanda Paul gives a concise state of play of EU-Turkey relations, what we can expect and what should be avoided, and areas for improvement. While Turkish membership of the EU seems highly unlikely, neither Ankara nor the EU is ready to call it quits. With no functioning accession process, EU–Turkey relations need a new framework that reduces the chances of further rupture and creates a new dynamic. Implementing the PA should be the starting point of this framework. In which case, the EU should consider the following four recommendations: green-light the talks to update the Customs Union; enhance migration dialogue; continue support for Turkish civil society and independent journalism; and revitalise foreign policy dialogue. 2022 will likely be a testing year. If the two parties are to move away from years of distrust and muddling through, they will have to exhibit political will and acquire a truly strategic vision for the future.
- Topic:
- International Relations, Foreign Policy, Civil Society, Migration, European Union, and Dialogue
- Political Geography:
- Europe, Turkey, and Mediterranean