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81. Terrorism and human rights: the perspective of international law

Author:
David Stewart
Publication Date:
05-2018
Content Type:
Special Report
Institution:
Middle East Institute (MEI)
Abstract:
This paper explores the relationship between terrorism and human rights from the international legal perspective. It first reviews the definitional content of “terrorism” and “human rights” and then discusses their doctrinal interactions—considering terrorism as both a cause and a product of human rights violations and addressing counter-terrorism efforts as a source of human rights violations that can themselves generate support for terrorism. It concludes with some observations about issues of international terrorism in the context of refugee law, criminal law and humanitarian law as well as some recommendations for future action.
Topic:
Crime, Human Rights, International Law, Terrorism, and Refugees
Political Geography:
Middle East and Global Focus

82. Melting Arctic: Implications for the Twenty-First Century

Author:
Ziad Al Achkar
Publication Date:
09-2018
Content Type:
Journal Article
Journal:
The Journal of Diplomacy and International Relations
Institution:
School of Diplomacy and International Relations, Seton Hall University
Abstract:
The Arctic region has not traditionally been the focus of international politics and world economics; however, recently environmental scientists have flooded the news with the effects of global warming in the region concerning the significant melting ice caps, dramatic ecological degradation, and potential irreversible loss of many species. Climate change is manifesting around the world through floods, ecological degradation, and potentially driving violence and conflict; in the Arctic, all these risks are compounded. The nature of the Arctic pole means that what will happen in the region is guaranteed to have an impact elsewhere. While environmentalists have sounded the alarm about the risks to the environment in the region, there is an ever-growing security danger that faces the Arctic. With ice caps melting and retreating to unprecedented levels, the arctic seabed is now open for nations to explore its reported vast amount of natural resources. This article will identify issues that will shape the twenty-first century of the Arctic. The scope of the article is not meant to be exhaustive of the problems and challenges but offer a thematic overview of the problems. There are three broad categories covered in this article. First, an overview of the changing climate, its ecological and environmental impact, and the challenges of operating in the Arctic. Second, an overview of the economics and international law implications that are a result of climate change and of increased activity in the region. Third, the geopolitics of the Arctic region.
Topic:
Climate Change, Environment, International Law, and Treaties and Agreements
Political Geography:
Russia, Canada, Norway, Denmark, Greenland, Arctic, and United States of America

83. Shipping and Climate Change: International Law and Policy Considerations

Author:
Aldo Chicop, Meinhard Doelle, and Ryan Gauvin
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This report investigates the international law and policy challenges to the determination of the international shipping industry’s contribution to climate change mitigation efforts through the International Maritime Organization (IMO), a specialized agency of the United Nations and the competent international organization with respect to shipping in international law. The report sets out the international legal framework that serves as the context for the IMO initial strategy, the challenge of regulating greenhouse gas (GHG) emissions from international shipping, and the process and issues in determining the industry’s “fair share” of mitigation efforts and potential legal pathways. The report concludes with general, policy and legal considerations that have a bearing on the current and possible future directions of the nascent IMO strategy. General considerations include the observation that the complexity and uncertainty underscoring the development of the IMO strategy call for a long-term planning instrument that is integrated and systemic in scope, flexible in approach and adaptive in application. As other regimes and sectors progress in developing and delivering on mitigation efforts, care should be exercised in considering lessons and tools from other sectors for application to shipping, given its uniqueness and that other sector experiences emanate from different contexts and considerations. Given continuing significant differences on GHG issues in the IMO, it is vital for the long-term IMO strategy to be advanced and maintained on the basis of the culture of consensus that has helped shape the IMO as a successful regulatory body.
Topic:
International Law, United Nations, Policy Implementation, IMF, and Shipping
Political Geography:
Global Focus

84. Uncertain Ground: Engaging With Europe’s De Facto States and Breakaway Territories

Author:
Thomas de Waal
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Carnegie Endowment for International Peace
Abstract:
Abkhazia, Transdniestria, and northern Cyprus, three unrecognized statelets in Europe that arose during conflicts in the twentieth century, have endured for decades. Despite many problems, they are self-governing and stable, and they show no signs of collapsing. They exercise internal sovereignty, even as they have no prospect of getting international recognition. This qualifies them as de facto states. While these territories still have problems of poor regulation and impunity from international justice, in many other regards, they seek respectability and try to cleave to European norms. This distinguishes them from the breakaway territories in eastern Ukraine. Concerns in the recognized states that greater engagement will lead to “creeping recognition” of the territories is not borne out by legal opinion, which concludes that recognition is a conscious act and cannot be conferred by accident.Better engagement with breakaway territories such as these is an overlooked resource in conflict resolution. If carried out in a clear-sighted and intelligent manner, it should benefit all sides. It should give citizens of the de facto states greater opportunities to be integrated into the world. It should benefit the recognized states who generally have a de jure claim over the territories (the “parent states”) by building bridges across the conflict divide. It should have a wider benefit by ensuring that these places are more compliant with international norms.
Topic:
International Law, Sovereignty, Territorial Disputes, and Norms
Political Geography:
Europe, Abkhazia, Cyprus, and Transdniestria

85. Human Trafficking: In the Shadows of the Law

Author:
Foo Yen Ne
Publication Date:
08-2018
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
Almost two decades since the adoption of the UN Convention against Transnational Organised Crime, and specifically the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, the debates on addressing human trafficking have not veered far beyond questions of law enforcement efficacy. What makes law enforcement against human trafficking so challenging in the East Asia region? This NTS Insight examines the nature of international legal frameworks that address human trafficking and the way they influence regional and domestic anti-trafficking legislation in East Asia. It argues that human trafficking as a crime is often “hidden” from the one-size-fits-all anti-trafficking legal regime adopted in domestic or national settings. The report argues that drawing the crime of human trafficking out of the shadows is made difficult by (i) the ambiguous definition of human trafficking in international law; (ii) the disjuncture between human trafficking contexts in East Asia and what international anti-trafficking legal regimes seek to address.
Topic:
Security, International Law, Women, and Human Trafficking
Political Geography:
Asia and Southeast Asia

86. The US Withdraws From The UN Human Rights Council

Author:
Veronika Bílková
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
Institute of International Relations Prague
Abstract:
In mid-June 2018, the US announced its withdrawal from the UN Human Rights Council. It sat in the Council for the third time since the establishment of the organ in 2006. This time, however, it left its three-year mandate (2017–2019) unfinished. The paper analyses the four main arguments that the US put forward to justify its withdrawal from the Council. It shows that while some of the arguments have some merit, none is truly convincing. The paper also warns against any re-assessment of the current Czech candidacy to the Council.
Topic:
Human Rights, International Law, and United Nations
Political Geography:
North America, Czech Republic, and United States of America

87. R2P Monitor, Issue 42, 15 November 2018

Author:
Global Centre for the Responsibility to Protect
Publication Date:
11-2018
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 42 looks at developments in Afghanistan, Myanmar (Burma), Syria, Yemen, Cameroon, Central African Republic, Democratic Republic of the Congo, Burundi, Israel and the Occupied Palestinian Territories, Nigeria, South Sudan and Venezuela.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Afghanistan, Israel, Yemen, Democratic Republic of the Congo, Palestine, Syria, Venezuela, Nigeria, Burundi, Myanmar, South Sudan, Cameroon, Central African Republic, and Global Focus

88. R2P and Outcomes of the Human Rights Council’s 39th Session

Author:
Global Centre for the Responsibility to Protect
Publication Date:
10-2018
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The 39th regular session of the Human Rights Council (HRC) was held in Geneva between 10 and 28 September 2018. As the primary international human rights body, the Human Rights Council has the capacity to prevent and respond to mass atrocity crimes, as systematic violations and abuses of human rights can be potential indicators of genocide, war crimes, crimes against humanity or ethnic cleansing. The summary below highlights major outcomes and relevant dialogues from the 39th session as they relate to the Responsibility to Protect (R2P) populations from such crimes. As part of the session, the Netherlands delivered two statements on behalf of 49 members of the Group of Friends of R2P.
Topic:
International Law, Responsibility to Protect (R2P), Atrocities, and UN Human Rights Council (HRC)
Political Geography:
Africa, Middle East, Asia, South America, United Nations, Central America, and Global Focus

89. R2P Monitor, Issue 40, 15 July 2018

Author:
Global Centre for the Responsibility to Protect
Publication Date:
07-2018
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 40 looks at developments in Afghanistan, Central African Republic, Myanmar (Burma), Syria, Yemen, Democratic Republic of the Congo, South Sudan, Burundi, Cameroon, Iraq, Israel and the Occupied Palestinian Territories and Nigeria.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Afghanistan, Iraq, Israel, Yemen, Democratic Republic of the Congo, Palestine, Syria, Nigeria, Burundi, Myanmar, South Sudan, Cameroon, and Central African Republic

90. R2P Monitor, Issue 39, 15 May 2018

Author:
Global Centre for the Responsibility to Protect
Publication Date:
05-2018
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 39 looks at developments in Afghanistan, Central African Republic, Democratic Republic of the Congo, Myanmar (Burma), Syria, Yemen, South Sudan, Burundi, Iraq and Israel and the Occupied Palestinian Territories.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Afghanistan, Iraq, Israel, Yemen, Democratic Republic of the Congo, Palestine, Syria, Burundi, Myanmar, South Sudan, and Central African Republic