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31. The Global Exchange (Fall 2018)

Author:
Adam Frost, David J. Bercuson, Andrea Charron, James Fergusson, Robert Hage, Robert Huebert, Petra Dolata, Hugh Segal, Heidi Tworek, Vanja Petricevic, Kyle Matthews, and Brian Kingston
Publication Date:
09-2018
Content Type:
Journal Article
Journal:
The Global Exchange
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
The fundamental rules of conventional sovereignty are that states will refrain from intervening in the internal affairs of other states, are afforded the right to determine their own domestic authority structures and are freely able to decide what international agreements they choose to enter or not. In principle these concepts have been widely accepted, but are often violated in practice. While conventional sovereignty would appear favourable in theory, realistically, the domestic affairs and foreign policy decisions of states can and do have consequences for others. Poor governance in one state can produce regional instability, from uncontrolled migration across borders, uncontrolled arms trade and other illicit trafficking or the rise of militant nonstate actors. Economic, environmental and health policies of one state can affect the food, water, health and economic security of another. These transnational issues are increasingly complex because the world is more globalized than ever before. No state exists in a vacuum. Therefore, it is often within a state’s interest to influence the policy decisions of its neighbours. Pragmatism often trumps abstract theoretical ideals. The lead package of this issue examines the challenges of securing Canada’s sovereignty from modern threats. When discussing Canadian sovereignty the Arctic will invariably be mentioned, and indeed is the focus of fully half of this edition. David Bercuson, Andrea Charron and James Fergusson argue that the perceived threats to Canada’s sovereignty in the Arctic are overblown, resulting in alarmist rhetoric. Robert Hage, Rob Huebert and Petra Dolata, however, content that Canada must be vigilant if it does not wish to erode sovereign control of its Arctic territory. Going beyond the arctic circle, Hugh Segal and Heidi Tworek discuss the challenges of defending against hybrid threats and outline possible steps in response to such perils. From coordinating with our closest allies to no longer tolerate attacks against the integrity of our most valued institutions, to increasing transparency of activities and strengthen public trust in Canadian democracy via domestic measures. Finally, this package concludes on the issue of border control. Vanja Petricevic discusses the shortcomings of Canada’s current management of asylum seekers and how the concept of sovereignty is being adapted to address modern migration challenges. While Kyle Matthews asserts the importance of holding Canadian citizens responsible for their actions abroad because to do otherwise is not only dangerous, but an affront to Canadian ideals. Contemporary transnational challenges are complex and dynamic. The climate is changing, technology is enabling previously unimaginable feats, and global demographics and migration are creating new points of contention. If Canada is to navigate these issues, and defend its sovereignty, it must work closely with its international partners and ensure that it is capable and willing to stand on guard for thee.
Topic:
Defense Policy, NATO, Sovereignty, Immigration, Governance, Elections, Islamic State, Diversification, Trade, and Donald Trump
Political Geography:
China, Canada, North America, Arctic, and United States of America

32. Documents on Canadian Arctic Maritime Sovereignty

Author:
Adam Lajeunesse
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
In September 1985, Secretary of State for External Affairs Joe Clark announced to the House of Commons the establishment of straight baselines around the Arctic Archipelago, defining those straits and passages within as historic internal waters of Canada and under full national sovereignty.1 “The policy of this government is to maintain the natural unity of the Canadian Arctic archipelago” Clark declared, “and to preserve Canada’s sovereignty over land, sea, and ice undiminished and undivided.” (Document 68). This was the first time Canada had delineated its Arctic maritime space, clearly defining in legislation those waters over which it had sovereignty. It was an important clarification, as Canada had claimed and exercised sovereignty for decades without ever stating with precision where that sovereignty began and ended. In the assertion of sovereignty, precision is important. As the American geographer Isaiah Bowman once said, a boundary line “has to be here, not hereabouts.” While this definition was an important clarification it did not fundamentally change the Canadian approach to its Arctic waters. In making this announcement Clark was not staking a claim, rather he was making official what Canada had long assumed and practiced. In so doing, he marked the culmination of decades of political and legal discussions, negotiations, and debate. It was the logical conclusion to a lengthy political and legal evolution, by which Canadian sovereignty came to be defined and asserted in the way that it ultimately was in 1986. This volume is a documentary history, charting the evolution of Canada’s Arctic maritime sovereignty through government memoranda, notes, communiqués, and other primary source material. In so doing, it offers as unfiltered a look as possible at the political thinking, legal analysis, and international discussions that defined Canadian Arctic policy during its formative period. The material included is necessarily limited and selective – drawn from tens of thousands of pages of archival documents on the subject. These documents were included for several reasons: some are important government studies which shaped policy making, some are records of discussions or communications which illuminate important decisions, while others were selected for the context they provide at key moments in Canadian policy making. The period covered in this compendium stretches from 1950 to 1988 and is, in some respects, artificial. Canadian policy makers certainly considered the question of Arctic maritime sovereignty in the years before 1950, but it was never a pressing consideration, nor was any real policy formed. To reproduce material from this period would also be redundant, duplicating as it inevitably would the thorough collection compiled by Janice Cavell in her 2016 Documents on Canadian External Relations volume on Arctic sovereignty and P. Whitney Lackenbauer and Peter Kikkert’s excellent volume in the DCASS series. This volume has also avoided reproducing material in Whitney lackenbauer and Peter Kikkert’s 2010 book The Canadian Forces a& Arctic Sovereignty, which examines armed forces documents on this subject. This volume ends in 1988, not because the Mulroney government’s declaration of straight baselines – and the Canada-US negotiations which followed – ended discussion on the matter but because, by that point, the internal Canadian debate over the precise nature and extent of Canada’s claim had been settled. Documents 69-74 extend this volume to 1988 to provide some insight into how Canada’s new policy was received both internally and internationally. From a logistical perspective, documentary material on this subject also becomes nearly impossible to secure after this date – even through the Access to Information Act, the vehicle by which the lion’s share of this collection was secured.5 The focus of this volume is on Canadian government material; however, certain key documents from the United States National Archives and Records Administration (College Park, MD) and the Foreign Relations of the United States6 series have also been included. This American material provides context to Canada’s decision making and offers researchers a glimpse at how crucial Canadian policy initiatives were received by the country’s most important partner – and sometimes opponent – in this field. Ultimately, the purpose of the Documents on Canadian Sovereignty and Security is to facilitate new research and new interpretations which can add to, improve, and challenge the existing literature. This collection should provide academics, students, and policy makers with the research foundation to launch new inquiries into the field. Undergraduate students can use this collection as a substitute for extensive primary research, while graduate students and scholars can employ it as a ready jumping off point to undertake more thorough archival work.
Topic:
Nationalism, Sovereignty, and Maritime
Political Geography:
Canada, North America, Atlantic Ocean, and Pacific Ocean

33. 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

34. The Social Construction of External Aggression in Latin America: A Comparison Between Costa Rica and Ecuador

Author:
Marco Vinicio Mendez-Colo
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
AUSTRAL: Brazilian Journal of Strategy International Relations
Institution:
Postgraduate Program in International Strategic Studies, Universidade Federal do Rio Grande do Sul
Abstract:
External aggression is an analytic category used by Latin American States regardless the governmental ideology or their political affiliations. A comparative study conducted out between two Latin American Small States enables to understand the regularities in their behavior when facing such kind of threat, in terms of their role identity, objective and subjective interests and consistently their foreign policy actions at the domestic, bilateral, sub-regional and regional level. This article argued that the small states are more vulnerable to the external aggressions because of their lack of material resources and their need of external support, compromising their sovereignty and territorial integrity, and requiring the activation of multilateral mechanisms such as the Organization of American States and other regional and sub-regional institutions.
Topic:
Foreign Policy, Sovereignty, OAS, and Agression
Political Geography:
South America, Latin America, Costa Rica, and Ecuador

35. Stalled Europeanization in Post-Sovereignty EU? Greek Politics in Hard Times

Author:
Kostas A Lavdas
Publication Date:
10-2018
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
This paper focuses on stalled Europeanization as a field of practices, institutions and discourse connected with a process of ambivalent reform. The absence of a consensual national strategy of adaptation to a particularly challenging environment, i.e., participation in the eurozone, produced dramatic consequences when confronted with the financial crisis after 2009. It is argued that the country’s sluggish Europeanization reached a critical turning point in 2009 when the urgency of the crisis brought to the fore a number of issues and vulnerabilities. Asymmetric policy adjustment – limited in some areas, extensive in others – has been the combined result of perceived necessity, insufficiently designed and implemented reform packages, party-political repositioning, and plain politicking. Europeanization in Greece became a stalled process in 2015; restarting the stalled process since 2016 leads to ongoing but sluggish Europeanizing interactions, involving shifts in the roles of domestic politics, institutional traditions and interest groups while reshaping the patterns of political contestation.
Topic:
Politics, Sovereignty, Reform, and Europeanization
Political Geography:
Europe and Greece

36. The Private Life of Family Matters: Curtailing Human Rights Protection for Migrants under Article 8 of the ECHR?

Author:
Alan Desmond
Publication Date:
01-2018
Content Type:
Journal Article
Abstract:
This article critically examines the evolving practice of the European Court of Human Rights (ECtHR) towards the definition and use of the concepts of family life and private life in cases involving migrants who seek to resist deportation by invoking Article 8 of the European Convention on Human Rights. The examination reveals an approach on the part of the Court that has the effect of shrinking the protection potential of Article 8 for migrant applicants, allowing state interest in expulsion to carry the day. This is symptomatic of Strasbourg’s deference to state sovereignty in the realm of migration. While the ECtHR has issued a number of landmark rulings roundly vindicating migrants’ rights, these are the exception to the rule of Strasbourg’s deference to state powers of immigration control. This approach has far-reaching implications for migrants in the member states of the Council of Europe. The article concludes by highlighting the tools at the Court’s disposal that could be employed to construct a more human rights-consistent approach in this strand of jurisprudence, which is an issue all the more relevant in light of the growing number of migrants seeking to establish a life in Europe.
Topic:
Human Rights, International Law, Migration, Sovereignty, and Courts
Political Geography:
Europe and France

37. Amérique latine - L’année politique 2017

Author:
Javier Corrales, Olivier Dabène, Gaspard Estrada, Antoine Faure, Erica Guevara, Marie-Esther Lacuisse, Damien Larrouqué, Nordin Lazreg, Frédéric Louault, Antoine Maillet, Frédéric Massé, and Luis Rivera Vélez
Publication Date:
01-2018
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
Amérique latine - L’Année politique is a publication by CERI-Sciences Po’s Political Observatory of Latin America and the Caribbean (OPALC). The study extends the work presented on the Observatory’s website (www.sciencespo.fr/opalc) by offering tools for understanding a continent that is in the grip of deep transformations.
Topic:
Corruption, Crime, Democratization, Economics, International Trade and Finance, Sovereignty, Peacekeeping, Protests, Political Science, Regional Integration, Transnational Actors, and Borders
Political Geography:
Brazil, Argentina, Colombia, Latin America, Nicaragua, Caribbean, Haiti, Venezuela, Dominican Republic, Mexico, Jamaica, Costa Rica, Chile, Peru, Paraguay, and Bolivia

38. La gouvernance des organisations régionales latino-américaines Etude comparée du rôle des secrétaires généraux (The Governance of Latin American Regional Organizations A Comparative Study of the Role of General Secretaries)

Author:
Kevin Parthenay
Publication Date:
01-2018
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
In Latin America, as elsewhere in the world, regional and subregional organizations have multiplied recently. Scholars tend to focus on the variety of regionalisms or their ever changing nature (postliberal, post-hegemonic...). This study, through a political sociology of regionalism approach, examines Latin American regions and their actors and goes beyond the first set of questions. In this perspective, scrutinizing the regional General Secretaries of the sub-continent is particularly useful to understand how regional powers emerge. With a specific focus on the Southern Common Market (UNSUR), the Common Market of the South (MERCOSUR), the Andean Community of Nations (CAN) and the Central American Integration System (SICA), this research offers a more precise answer to the question of the configuration of power within Latin American regionalisms.
Topic:
Sovereignty, Sociology, Governance, Multilateralism, Political Science, Regional Integration, and Networks
Political Geography:
Brazil, Argentina, Colombia, Latin America, Nicaragua, Caribbean, Haiti, Dominican Republic, Mexico, Costa Rica, Chile, Peru, Ecuador, and Bolivia

39. Constitutionalism and the Mechanics of Global Law Transfers

Author:
Andreas L. Paulus and Johann Ruben Leiss
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article explores rule of law transfers from an international perspective. Based on the observation that the proposal of an emerging international constitutional order seems to have lost momentum this article emphasizes a global legal reality that is characterized by a complex and rather non-hierarchical interplay between various (fragmented) international legal orders and suborders as well as national legal orders. This article discusses four legal mechanisms that are of pivotal relevance with respect to global rule of law transfers. These mechanisms include, first, so-called “hinge provisions” as doorways between different legal orders, second, harmonious interpretation as a legal tool of integration, third the sources of international law enabling transmission of norms and providing a framework for judicial interaction and, fourth, judicial dialogue as an informal means of rule of law transfer.
Topic:
International Cooperation, International Law, Sovereignty, and Rule of Law
Political Geography:
Global Focus

40. The Legal Dimensions of Rule of Law Promotion in EU Foreign Policy: EU Treaty Imperatives and Rule of Law Conditionality in the Foreign Trade and Development Nexus

Author:
Till Patrik Holterhus
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article demonstrates that Arts. 21 and 3 (5) of the Treaty on European Union (TEU) as well as Arts. 205, 207 (1), 208 (1), 209 (2) of the Treaty on the Functioning of the European Union (TFEU), legally oblige the European Union (EU) to promote the rule of law in its foreign trade and development policy. Furthermore, it is shown that, in the context of such promotion, the EU applies not a rudimentary but a sophisticated concept of the rule of law – quite similar to the concept of the rule of law that has developed within the Union. To fulfill the legal obligation to promote the rule of law abroad, the EU employs, as a key instrument, the legal mechanism of conditionality, not only through autonomous instruments but also in its contractual international relationships (carrot-and-stick policy). The EU’s foreign policy in the trade and development nexus, in particular when it comes to the promotion of the rule of law, can, therefore, be considered a process, to a large extent, determined and organized the of law.
Topic:
International Law, International Trade and Finance, Sovereignty, and European Union
Political Geography:
Europe