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31. A Decisive Vote for Humanitarian Support in Syria

Author:
Dana Stroul and Charles Thépaut
Publication Date:
12-2019
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Renewing the UN cross-border mechanism is crucial to helping millions of needy Syrian civilians, preventing Russia and Assad from weaponizing aid deliveries, and safeguarding future international assistance efforts. On December 19, the UN Security Council is expected to vote on the renewal of Resolution 2449, which authorizes the delivery of cross-border humanitarian aid to Syrians without the Assad regime’s permission. The outcome will determine whether the regime is allowed to approve and entirely control who receives UN aid, and in what areas of the country it is available. If the resolution is not renewed, aid delivery will become yet another tool for shifting the war’s trajectory in President Bashar al-Assad’s favor, with dire implications for civilians living in areas not under regime control. The recent Security Council debate over the resolution reflects broader developments inside Syria. Russia has coordinated with China to argue that current battlefield trends are in the regime’s favor, attempting to use the aid debate as a means of coercing political recognition of Assad. Others have proposed adding a fifth crossing along the northern border at Tal Abyad to address the increased needs of Syrian civilians trapped in the latest Turkish military operation. UN Security-General Antonio Guterres has recalled how essential the mechanism is to reaching people in need.
Topic:
Foreign Policy, Humanitarian Aid, International Law, United Nations, and Syrian War
Political Geography:
Middle East, United Nations, Syria, and United States of America

32. UN migration pact – a framework for Völkerwanderung?

Author:
Kristijan Kotarski
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
Institute for Development and International Relations (IRMO)
Abstract:
On December 10th 2018 the body of international soft law was enriched with the Global compact for safe, orderly and regular migration (from here on - UN migration pact) that was adopted by 164 out of 193 UN member states during their meeting in Marrakesh, Morocco. On December 19th the UN General Assembly officially endorsed the document with 152 member states voting in favor, five voting against, and twelve abstaining. It’s unknown what changed the mind of twelve countries which have adopted the pact in Marrakech, but failed to endorse it in New York. Even though the UN migration pact stipulates that it is merely a “cooperative framework” it has nonetheless deepened the political divide on the migration controversy among states as well as within them. The polemic that has evolved around the document in recent months centered on two contentious issues: 1. its quasilegality and 2. the potential outcomes of its 23 objectives. This paper will only briefly touch upon the issue of the quasilegality of international soft law and concentrate on the content analysis of the pact itself.
Topic:
International Law, Migration, and United Nations
Political Geography:
Global Focus

33. Advancing SDGs in International Investment Agreements: Building Peace and Justice through General Exceptions Clauses

Author:
Guy Marcel Nono
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
For more than a decade, there has been a lot of focus on how sustainable development relates to international investment law. The growing trend of including general and security exceptions clauses in international investment agreements (IIAs) has also been highlighted. However, the nexus between general IIAs and security exceptions and the achievement of the SDGs has not been explored.
Topic:
Security, International Law, Sustainable Development Goals, and Investment
Political Geography:
Global Focus

34. Governance of Marine Geoengineering

Author:
Kerryn Brent, Will Burns, and Jeffrey McGee
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
After more than two decades of UN negotiations, global greenhouse gas emissions continue to rise, with current projections indicating the planet is on a pathway to a temperature increase of approximately 3.2°C by 2100, well beyond what is considered a safe level. This has spurred scientific and policy interest in the possible role of solar radiation management and carbon dioxide removal geoengineering activities to help avert passing critical climatic thresholds, or to help societies recover if global temperatures overshoot expectations of safe levels. Marine geoengineering proposals show significant diversity in terms of their purpose, scale of application, likely effectiveness, requisite levels of international cooperation and intensity of environmental risks. This diversity of marine geoengineering activities will likely place significant new demands upon the international law system to govern potential risks and opportunities. International ocean law governance is comprised of a patchwork of global framework agreements, sectoral agreements and customary international law rules that have developed over time in response to disparate issues. These include maritime access, fisheries management, shipping pollution, ocean dumping and marine scientific research. This patchwork of oceans governance contains several bodies of rules that might apply in governing marine geoengineering activities. However, these bodies of rules were negotiated for different purposes, and not specifically for the governance of marine geoengineering. The extent to which this patchwork of rules might contribute to marine geoengineering governance will vary, depending on the purpose of an activity, where it is conducted, which state is responsible for it and the types of impacts it is likely to have. The 2013 amendment to the London Protocol on ocean dumping provides the most developed and specific framework for marine geoengineering governance to date. But the capacity of this amendment to bolster the capacity of international law to govern marine geoengineering activities is limited by some significant shortcomings. Negotiations are under way to establish a new global treaty on conservation of marine biodiversity in areas beyond national jurisdiction, including new rules for area-based management, environmental impact assessments and capacity building/technology transfer. A new agreement has the potential to fill key gaps in the existing patchwork of international law for marine geoengineering activities in high-seas areas. However, it is also important that this new treaty be structured in a way that is not overly restrictive, which might hinder responsible research and development of marine geoengineering in high-seas areas.
Topic:
Climate Change, Environment, International Law, United Nations, Green Technology, and Geoengineering
Political Geography:
Global Focus

35. Fighting the Demonization of Israel at the International Criminal Court

Author:
Eytan Gilboa
Publication Date:
12-2019
Content Type:
Commentary and Analysis
Institution:
The Begin-Sadat Centre for Strategic Studies (BESA)
Abstract:
Fatou Bensouda, the chief prosecutor of the International Criminal Court (ICC) at the Hague, has decided to indict senior Israeli policymakers and military officers for committing war crimes in the West Bank and Gaza. Her decision is baseless, preposterous, and discriminatory, and it violates the ICC’s own mission and rules. Bensouda’s action should be placed within the wider context of the Palestinian disinformation, delegitimization, and demonization campaign against Israel at international organizations. Israel should discredit and delegitimize the ICC in turn via aggressive political measures and collaboration with concerned liberal democracies, primarily the US.
Topic:
Human Rights, International Law, Justice, and International Criminal Court (ICC)
Political Geography:
Middle East, Israel, Palestine, Gaza, and West Bank

36. EU Funding of Illegal Palestinian Settlement in Area C

Author:
Edwin Black
Publication Date:
09-2019
Content Type:
Special Report
Institution:
The Begin-Sadat Centre for Strategic Studies (BESA)
Abstract:
“Area C,” which makes up about 60% of the biblical lands of Judea and Samaria (known as the West Bank since their 1950 annexation by Jordan), is making news these days. This time, the hot button issue is the illegal Palestinian settlements that are sprouting up across the region. These settlements shred the last scraps that remain of the Oslo Accords, which propelled the idea of the “two-state solution” for a generation. The funding for these illegal Palestinian settlements, which amounts to hundreds of millions of euros annually, comes from the EU. According to the Oslo Accords, only Israel can issue construction permits in Area C. In joining forces to promote the rapid expansion of illegal Palestinian settlement in Area C, the EU and the PA have dispensed entirely with any coordination with Israel, in direct contravention of the Accords.
Topic:
International Law, Treaties and Agreements, and Settlements
Political Geography:
Palestine, European Union, and West Bank

37. Changes in South Africa’s Foreign Policy

Author:
Jędrzej Czerep
Publication Date:
06-2019
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
May’s parliamentary elections in South Africa, a non-permanent member of the United Nations Security Council (UNSC), will change the directions of its foreign policy. The victory by the African National Congress (ANC) was made possible by the popularity of the current president, Cyril Ramaphosa, who will emphasize the international dimension of policy. In his new term, he will focus on regaining the trust of foreign investors, strengthening the country’s pro-Western course, supporting multilateralism, and reform of the International Criminal Court (ICC).
Topic:
Foreign Policy, Government, International Law, Politics, Elections, and Multilateralism
Political Geography:
Africa and South Africa

38. A Necessary Voice: Small States, International Law, and the UN Security Council

Author:
Adam Lupel and Lauri Mälksoo
Publication Date:
04-2019
Content Type:
Policy Brief
Institution:
International Peace Institute
Abstract:
The international rule-based order has come under threat on multiple fronts. If it continues to deteriorate into an older model based on power politics, small states—by definition vulnerable in a world where only might makes right—are most at risk. This makes them natural defenders of the international order that protects them. How can small countries serve as effective champions of the rule-based order and international law? This paper explores this question by looking at the role of small states on the UN Security Council. The council, with its five veto-wielding permanent members, is perhaps not an obvious place to look at the role of small states. Nonetheless, it presents critical opportunities, as well as difficult challenges, for small states. This paper concludes that small states on the Security Council are well-placed to provide an important, credible voice with moral authority to remind all member states of their obligations under international law, reaffirm normative commitments to compliance, and advocate for a recommitment to a multilateral, rule-based international order. Perhaps not since the founding of the United Nations has that voice been more necessary for all to hear.
Topic:
International Law, United Nations, and UN Security Council
Political Geography:
Global Focus

39. Safeguarding Humanitarian Action in Sanctions Regimes

Author:
Alice Debarre
Publication Date:
06-2019
Content Type:
Policy Brief
Institution:
International Peace Institute
Abstract:
There are currently fourteen UN sanctions regimes, which member states are legally required to implement. Many of these are implemented in the context of armed conflict, where international humanitarian law outlines obligations to protect the provision of and access to principled humanitarian action. But despite efforts to make sanctions regimes more targeted, they continue to have unintended consequences, including impeding or preventing the provision of humanitarian assistance and protection—particularly when they coexist with counterterrorism measures. This issue brief explains the various ways in which sanctions regimes can impact humanitarian action. Acknowledging that this is not a new issue—though one that may be of increasing concern—it identifies several factors that make it challenging to resolve. Finally, it lays out some avenues for progress, pointing to existing efforts and highlighting where more could be done. Given that sanctions regimes are mostly targeted and that member states are bound to uphold the principles in the UN Charter and international humanitarian law (where it applies), sanctions should protect and not inhibit humani­tarian action. Where sanctions hinder aid, the impact on civilian populations is immediate, and efforts to backtrack will always come too late. Going forward, member states, the UN, financial institutions, and humanitarian actors should proactively and preventively tackle this problem. While the most effective courses of action will require political will, stakeholders at all levels can take incremental steps to help mitigate the impact.
Topic:
Humanitarian Aid, International Law, Sanctions, Conflict, and UN Security Council
Political Geography:
Global Focus

40. Action for Peacekeeping: One Year into the Implementation of the Declaration of Shared Commitments

Author:
Jake Sherman
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
International Peace Institute
Abstract:
In September 2018, more than 100 UN member states signed a Declaration of Shared Commitments as part of the secretary-general’s Action for Peacekeeping (A4P) initiative. The declaration was intended to rally member states to address urgent challenges facing contemporary peacekeeping operations. But one year later, the declaration has not yet translated into concrete action by member states, limiting tangible results for missions on the ground. This issue brief takes stock of progress by the UN and member states in implementing A4P over the past year and looks at where there is momentum and where additional political attention is needed. There is consensus that A4P has helped reaffirm the value of peacekeeping. It also provides a roadmap for incremental reform, a platform for sharing good practices, and a framework for identifying progress. Moving forward, however, it needs to be more than a package of preexisting UN priorities; it needs to become a platform through which the secretary-general sets a new approach to strengthening peacekeeping.
Topic:
Diplomacy, International Law, United Nations, Peacekeeping, and Conflict
Political Geography:
Global Focus