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16931. Debating Japan's intervention to tackle piracy in the Gulf of Aden: beyond mainstream paradigms

Author:
L. Black
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
The literature on Japan's international security policy, including overseas interventions, since the end of the Cold War has focused on Japan's emergence as a 'normal' state. This discourse is informed by realist theory, which posits that states aim to increase their material power to secure themselves in a hostile anarchical order. This article explores the maritime security role of the Japan Coast Guard (JCG) to elucidate alternative theoretical paths that shed new light on Japan's foreign interventions. Specifically, a critical constructivist approach is applied to demonstrate the unique maritime security responsibilities that the JCG has assumed in line with Japan's pacifist identity and even at the expense of the Maritime Self-defence Forces, as demonstrated in Diet debates on Japan's Anti-Piracy Measures Bill in April 2009. Rather than pressuring states to become 'normal', there is much to be gained from understanding how identities inform alternative approaches in International Relations.
Topic:
Security
Political Geography:
Japan

16932. Japan's Middle East policy: 'still mercantile realism'

Author:
Yukiko Miyagi
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
Japan's vital interests, both its energy security and US alliance, are at stake in the Middle East. Change in Japan's Middle East policy is charted over three periods, from a stance independent of the United States to one increasingly aligned with US policy. This is explained in terms of four variables: level of US hegemony, threats in East Asia, energy vulnerabilities in the Middle East, and normative change inside Japan. Japan's policy in Middle East/North Africa reflects its general move toward a more militarily enhanced version of mercantile realism.
Political Geography:
United States, Japan, Middle East, and East Asia

16933. Domestic hurdles for system-driven behavior: neoclassical realism and missile defense policies in Japan and South Korea

Author:
Hyon Joo Yoo
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
Since the 1990s, Japan and the Republic of Korea have chosen dissimilar policy options with respect to the US-led missile defense (MD) systems in East Asia. What explains the two countries' dissimilar MD strategies? Inspired by neoclassical realism, this study introduces a framework of domestic hurdles that combines Randall Schweller's cohesion model and Jeffry Taliaferro's resource extraction model. It sheds light on the degree of elite cohesion and social and economic impediments as key causal determinants that impede balancing against external threats. Although the influence of systemic variables that suppose optimal policy options, such as balancing, domestic hurdles impede or delay such options. This study will provide useful contributions to international relations by offering comparative and theoretical analyses on different paths that Tokyo and Seoul have chosen for their MD policies.
Topic:
International Relations
Political Geography:
Japan, Middle East, and South Korea

16934. The Diplomatic History of Postwar Japan edited

Author:
Christopher W. Hughes
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
Makoto Iokibe is, without question, the leading academic and public intellectual of his generation working on issues of Japan's diplomacy both historically and in the contemporary period. Iokibe has done great service for the Japanese academy in his authoritative studies of United States–Japan relations, and in his contribution to public life through performing key roles on prime ministerial advisory commissions and as president of the National Defense Academy. Iokibe is also known for helping to nurture a generation of highly talented Japanese researchers in the fields of diplomatic history and contemporary international relations.
Political Geography:
Japan and Middle East

16935. China, The United States, and Global Order

Author:
Shogo Suzuki
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
At a time when American power is seen by many pundits to be in decline, one of the most important and pressing security issues that continue to capture the attention of the policy and scholarly communities is the rise of China and the threat it may pose to the global order. The People's Republic of China (PRC) is the last remaining communist great power, and its different system of governance makes it the 'odd one out' in the post-Cold War international community, with seemingly different values which are often antithetical to the West. This, coupled with its rapidly growing economic, political, and military power, is what makes China a source of anxiety. As China is not a democracy, is it more prone to belligerent behavior? Furthermore, how long is it going to be satisfied with the status quo, where Western liberal democracies have long been in a position to set the 'rules of the game'? Is Beijing going to use its newly found power to challenge Western dominance?
Political Geography:
China and Middle East

16936. Editorial

Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
We are proud to present the Goettingen Journal of International Law's first issue of 2012. After the successful three issues of last year, GoJIL can now turn to its new and exciting projects of 2012! Since our last issue in January 2012, several events of global importance have filled the newspapers, confronting the global community with the need for new judicial and political solutions. The Arab Spring movement still continues, with the situation in Syria aggravating further, which has led to the UN Security Council to authorize the establishment of the United Nations Supervising Mission in Syria (UNSMIS).
Topic:
Security and International Law
Political Geography:
Arabia and Syria

16937. The Status and Future of International Law after the Libya Intervention

Author:
Pierre Thielbörger
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article uses the case of the Libya intervention to address three general claims about international law. Firstly, it examines whether the reliance of the intervention on the mechanisms of collective security under the UN Charter suggests that international law relating to peace and security has finally overcome its post-9/11 crisis. It concludes that the resolution's vague wording – which makes the distinction between what is “legal” under the resolution, and what is not, hard to draw – undermines such an assumption. Secondly, it explores whether the Libya intervention has put new emphasis on what has been termed the “emerging right of democratic governance”. In spite of the underlying democracy-enhancing spirit of the execution of the intervention, Resolution 1973 was exclusively written in the language of human rights. It did little to indicate a changed attitude of States towards a norm of democratic governance. Finally, the article examines whether the case of Libya shows a renewed international attitude towards States which violate the most fundamental human rights of their citizens. The article concludes by suggesting that, in this third respect, a more muscular liberalism is indeed on the rise again in international law, challenging the formerly almighty concept of State sovereignty. In contributing to this subtle transformation, the Libyan case has made a genuine contribution to the development of the international legal order.
Topic:
Security, Human Rights, and International Law
Political Geography:
America, Libya, and United Nations

16938. The Responsibility to Protect and the Role of Regional Organizations: An Appraisal of the African Union's Interventions

Author:
Tom Kabau
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article examines the dilemmas and opportunities of the African Union, a regional organization, in implementing the responsibility to protect concepts in respect to forceful intervention to prevent or stop the occurrence of genocide, crimes against humanity and war crimes. Article 4(h) of the Constitutive Act of the African Union specifically mandates the Union to forcefully intervene in a Member State in such circumstances. Although the African Union has successfully resolved some situations where peaceful negotiations or consensual military intervention was sufficient, there has also been failure by the Union where such means fail or are inadequate. Such instances include the Darfur conflict where peacekeeping was insufficient, and recently in Libya where the African Union openly opposed enforcement of no fly zones to protect civilians. This article is of the view that the African Union's failure to implement Article 4(h) of the Constitutive Act, even in deserving situations, may have been aggravated by the failure to institutionalize the concept of responsible sovereignty within the Union's legal framework and processes. Despite the forceful intervention mandate, there are also provisions that affirm the principles of non-interference. The AU system therefore fails to resolve the dilemma between sovereignty and intervention. Sovereignty preservation remains as an effective legal and political justification for non-intervention by the AU. This has promoted a subsequent trend of greater sovereignty concerns by the Union. Institutionalization of the concepts postulated under the emerging norm of responsibility to protect within the AU framework and processes can contribute to the elimination of the legal and political dilemmas of forceful intervention by the Union.
Topic:
Crime and War
Political Geography:
Africa and Libya

16939. The Continuing Functions of Article 98 of the Rome Statute

Author:
Jens M. Iverson
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
According to the current jurisprudence of the International Criminal Court, Article 98 of the Rome Statute does not forbid the issuance of an arrest warrant for a sitting head of state. The African Union Commission vehemently objects to this reading of Article 98. Because it viewed the function of Article 98 as forbidding such arrest warrants, it views the current jurisprudence as effectively reading Article 98 out of the Statute, with no continuing function. This article demonstrates the continuing function of Article 98. This continuing function includes immunities resulting from agreements under Article 98(2), as well as customary immunities pertaining to property, persons, diplomatic immunity, and state immunity. Countering the rhetoric and providing a close analysis of the current state of Article 98 in ICC jurisprudence is useful, both with respect to understanding the current operation of Article 98 and to reflect on balancing multiple maximands of criminal law, human rights law, and the international law of immunity.
Topic:
Human Rights and International Law
Political Geography:
Africa and Rome

16940. Sovereign Debt Crises as Threats to the Peace: Restructuring under Chapter VII of the UN Charter?

Author:
Matthias Goldmann
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Sovereign debt crises might significantly decrease the level of socioeconomic rights enjoyment for the population in the affected state. According to recent data, they even increase the risk of civil unrest. However, the resolution of sovereign debt crises is compromised by legal obstacles which result from the absence of a statutory, obligatory bankruptcy procedure for states. On the one hand, creditors might refuse to accept an exchange of their debt instrument in the frame of a workout and choose to litigate against the state. On the other hand, states might worsen their situation by unnecessarily delaying inevitable workouts. This article explores whether and to what extent the powers UN Security Council could be deployed in order to mitigate these problems. This requires a reconsideration of the concept of peace in Article 39 UN Charter. The article concludes that, at the request of the International Monetary Fund (IMF), the Security Council might put a stay on the enforcement of creditors' claims or order workout negotiations.
Topic:
Security, International Law, War, and International Monetary Fund
Political Geography:
Germany and United Nations