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3861. Reconciling the Irreconcilable? – The Extraterritorial Application of the ECHR and its Interaction With IHL

Author:
Severin Meier
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article examines the extraterritorial application of the European Convention on Human Rights (ECHR) during international armed conflict. After a brief discussion of the different historic origins of international human rights law and international humanitarian law (IHL), the article examines the test for establishing jurisdiction under Article 1 of the ECHR. A critical analysis of some contentious legal issues regarding derogations completes the picture of when jurisdiction is established. Subsequently, the article considers the interaction between the ECHR and IHL in international armed conflicts and concludes by arguing that a balance must be found between protecting human rights in international armed conflicts while not interfering unduly with IHL.
Topic:
Human Rights, International Law, and Conflict
Political Geography:
Europe

3862. The Perils of Judicial Restraint: How Judicial Activism Can Help Evolve the International Court of Justice

Author:
Deepak Mawar
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The article analyzes the International Court of Justice and its approach to judicial decision-making. By investigating the Court’s jurisprudence over its seventy years of activity, the article seeks to outline, that if given the choice, the ICJ tends to prioritize judicial restraint over judicial activism. In fact, the Court maintains a strict adherence to judicial restraint, which stems from a fear of losing its legitimacy when facing the issue of consent-based jurisdiction. The article purports that although judicial restraint is an important facet of sound judicial decision-making, the ICJ should not be so reluctant to adopt judicial activism when it is suitable to utilize such an approach. Such a position is strengthened when analyzing the criticisms made of judgments delivered by the Court, which fail to serve the international community beneficially.
Topic:
International Law and International Court of Justice (ICJ)
Political Geography:
Global Focus

3863. Access to Fisheries in the United Kingdom’s Territorial Sea after its Withdrawal from the European Union: A European and International Law Perspective

Author:
Valentin Schatz
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article approaches the question of post-Brexit access of European Union (EU) Member States to the United Kingdom’s (UK) territorial sea fisheries by first discussing the pre-Brexit legal status quo under the Common Fisheries Policy (CFP) of the EU. Second, this article discusses the international legal framework for access to territorial sea fisheries that would apply if the UK withdraws from the EU in the absence of a future agreement. As Part II of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) does not contain provisions on fisheries access, this analysis focuses on the role of the 1964 London Fisheries Convention (LFC), bilateral voisinage agreements between the UK and EU Member States, potential acquired historic fishing rights of EU Member States in the UK’s territorial sea, and potential access rights derived from royal privileges. Next, this article addresses the relevance of the transitional arrangements contained in the latest draft withdrawal agreement of 2018, which was not, however, adopted by the UK. Finally, this article offers some conclusions as to the applicable legal framework for access of EU Member States to the UK’s territorial sea fisheries absent a new fisheries agreement between the EU and the UK, and potential ways to proceed in the future regulation of this issue.
Topic:
International Cooperation, Treaties and Agreements, Territorial Disputes, European Union, and Brexit
Political Geography:
United Kingdom and Europe

3864. Evaluating the Zero Draft on a UN Treaty on Business and Human Rights: What Does it Regulate and how Likely is its Adoption by States/

Author:
Julia Bialek
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Infringements of human rights through the actions of transnational corporations are common in our globalizing world. While the international community has undertaken numerous attempts to hold private corporations responsible for their actions, only soft law instruments govern this area of public international law. Only recently, a first draft was released for a Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and Other Business Enterprises, also known as the Zero Draft. This article argues that the Zero Draft, while based on contemporary international law, represents a positive first step in the treaty-making process, but it still needs specification and clarification in order to close the gap in human rights protection effectively. First outlining the need for a closure of the gap in human rights protection, this article then closely examines the content of the Zero Draft. To that end, an in-depth analysis of the core provisions of the Draft is offered, especially focusing on the rights of victims, the prevention of human rights infringements, and corporate liability. Furthermore, this article analyzes current State practice and the expectations of the international community towards a legally binding instrument on the topic of business and human rights. Significantly, this article also compares the Zero Draft to existing soft law and previous recommendations on how to close the gap in a binding manner. Finally, the article concludes that, by indirectly holding companies accountable without depriving States of their sovereign power over their companies, the Zero Draft has the potential to be implemented as a future Treaty on Business and Human Rights.
Topic:
Globalization, Human Rights, Treaties and Agreements, and transnationalism
Political Geography:
Global Focus

3865. U.S.-Mexico Drug Trafficking: Globalization, Cooperation and Challenges

Author:
Juan Carlos Gachúz Maya
Publication Date:
06-2019
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
Criminal organizations have taken advantage of some of the benefits of the globalization process, have expanded their networks and have become groups that operate regionally and transnationally. The context of globalization entails the need to reform the structure of institutions and their way of operating at the domestic and regional levels. International cooperation between national institutions is not enough to face international challenges such as regional and global crime. The fight against drug trafficking networks between the U.S.and Mexico demands new institutional structures that involve the participation of state and non-state actors at a regional and global level.
Topic:
Globalization, Narcotics Trafficking, Drugs, and Organized Crime
Political Geography:
North America, Mexico, and United States of America

3866. Peace Talks on Afghanistan. A Last Opportunity for Peace? / Conversaciones de paz sobre Afganis-tán ¿Una última oportunidad para la paz?

Author:
Javier Ruiz Arévalo
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
When it has been more than 17 years since the fall of the Taliban regime, the Afghan conflict is far from being over. The country continues to experience a kind of resilient civil war in which neither the legitimate government of Kabul, supported by a large part of the international community, nor the Taliban have managed to impose themselves in a clear and lasting manner. To date, it seems that none of the contenders considers it feasible that the conflict will end with a military victory. This reality has ended up addressing all the direct actors (the government of Kabul, the US and the Taliban) and the indirect actors (NATO, Russia, Pakistan, Iran...) to seek a negotiated end. The task is not easy given the difficulty to find an acceptable definition for everyone on the Afghanistan that should arise from the agreement. Reconciling the Islamic Republic that some advocate, with the Democratic State designed by the current Constitution is not an easy task. Perhaps for this reason, more than a decade of talks has not been enough to illuminate a peace agreement acceptable to all. At first, one might think that nothing has changed and that the talks currently undegoing are hopelessly doomed to failure, as they face the same problem as all previous attempts: the impossibility of reconciling the interests of the Afghan government, the Taliban and the US and its allies. However, it seems that the ongoing talks have been addressed by the US and the Taliban with a different spirit. The fatigue after so many years of conflict and the evidence, eventually assumed, of the impossibility of a military victory seems to have made a dent in both, making them see that there are only two possible options: accept an imperfect agreement or be doomed to an endless war.
Topic:
Taliban, Political stability, Conflict, Negotiation, and Peace
Political Geography:
Afghanistan, South Asia, North America, and United States of America

3867. The Pursuit of Extremes: Three Models to Understand Radicalization / En busca de los extremos: tres modelos para comprender la radicalización

Author:
Roberto Muelas Lobato
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The recent proliferation of cases of radicalization around the world has placed this issue on the agenda of the nations. Nowadays, the radicalization, understood as a process by which a growing commitment to an extremist political or religious ideology is reached, represents a challenge that we must deal with in order to improve our societies in terms of security. However, much of the academic procedures used to understand this phenomenon lack the empirical validity that allows us to rely on the knowledge they provide. This practice has led to the existence of a large amount of material related to radicalization, especially after 9/11, but not to the consolidation and validation of the knowledge we possess. Because of this, in this review we propose to explain three of the theoretical models that focus on violent radicalization. These three models mostly come from social psychology and have empirical baggage that supports its validity. These are: the 3N model (also known as the significant quest theory), the devoted actors model and the approach of the two pyramids. These three models focus, respectively, on the theories of motivation, on identity and values, and on the difference between cognitions and actions. Likewise, each one proposes different explanatory and triggering factors, as well as different dependent variables that explain these factors from violent behavior to sacrifice. In them we find differences and similarities that validate and complement some of the processes they propose. Therefore, knowing and understanding them will provide us with a deeper knowledge when it comes to understanding radicalization, studying it and making decisions for its prevention and/or reduction.
Topic:
Non State Actors, Radicalization, and Violence
Political Geography:
Global Focus

3868. Approach to the Spanish External Image Applied to the Economic Intelligence / Aproximación a la imagen exterior española como herramienta de inteligencia económica

Author:
José Pablo Martínez Romera
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The measurements of external image carried out in recent years to guide the "country-brand" strategies could have the potential to be used as economic intelligence tools. This way, public authorities would be able to foresee variations in those variables linked to the preferences of foreign citizens, such as investments, exports, tourism or immigration; helping them to design politics in these fields.
Topic:
Economics and Intelligence
Political Geography:
Europe and Spain

3869. Challenges to Metropolitan Security. Terrorism in Brussels, Manchester and Nice / Retos a la seguridad metropolitana. El terrorismo en Bruselas, Manchester y Niza

Author:
Fernando Jiménez Sánchez
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
This article seeks to identify the challenges that metropolis faces in the security field based on the analysis of three attacks of the "new" terrorism carried out in the European Union in 2016 and 2017. In order to contribute to the analysis of the challenges faced by the security agencies of the States in order to accomplish with their role in areas undergoing expansion and of growing importance.
Topic:
Security, Terrorism, European Union, and Cities
Political Geography:
United Kingdom, Europe, France, and Belgium

3870. Treaty on the Prohibition of Nuclear Weapons (TPNW): A further Step Regarding the Unlawfulness of the Use of Nuclear Weapons / Tratado sobre la Prohibición de las Armas Nucleares (TPAN): un paso más en la ilicitud del empleo del arma nuclear

Author:
Elena C. Díaz Galán
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The adoption of the Treaty on the Prohibition of Nuclear Weapons (TPNW) which proposes a complete prohibition of this kind of weapons, gives an opportunity to think about the unlawfulness of its use and, where appropriate, the precise identification of the cases in which the use of nuclear weapons would be accepted by the international community. The goal of the TPNW is to eliminate the nuclear weapons in international relations thus this Treaty proclaims the unlawfulness of the use of such weapons. TPNW is a further step, although still insufficient, in prohibiting the use of nuclear weapons in an absolute and complete way in international relations. However, the simple adoption of this Treaty shows the necessity of agreement regarding such prohibition as well as keeping negotiations in order to achieve unanimous agreement on this matter by the international community. Most likely, the use of nuclear weapons should be considered as a specially prohibited case by the international legal order.
Topic:
Defense Policy, Diplomacy, Nuclear Weapons, Treaties and Agreements, Weapons, and Nonproliferation
Political Geography:
Global Focus