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781. The Advisory Function of the International Court of Justice: Are States Resorting to Advisory Proceedings as a “Soft” Litigation Strategy?

Author:
Myrto Stavridi
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
In the last decades, there has been an increase in advisory opinions of the International Court of Justice (ICJ) that relate to vital political interests directly affecting the sovereignty of states. Even though advisory opinions are not binding and do not require the consent of the states involved, advisory proceedings have been increasingly and strategically used by states and international actors as contentious proceedings in disguise. Exploring the history of the advisory function of the ICJ and its predecessor, this article argues that advisory proceedings constitute a “soft” litigation strategy and a particularly useful tool for small states or non-state entities, as it has the potential to counterbalance the inherent power disparities in the process of international bargaining by adding the authoritative voice of the ICJ to the debate. This paper connects this development to a modern tendency of states to judicialize international affairs.
Topic:
International Law, Sovereignty, International Affairs, International Court of Justice (ICJ), and Advisory Opinions
Political Geography:
Global Focus

782. Seeking Safer Shells: An Analysis of Interpretations, Justifications, and Rationales Behind Decisions on North Korean Defectors’ Right to Asylum

Author:
Megumi Faith Mallari and Saleh Naas
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
Despite their known and indisputable need for protection, North Koreans often have their applications for asylum rejected. This paper outlines the differing interpretations of North Koreans’ right to asylum and investigates the rationales and justifications behind them through the case studies of the United Kingdom, the United States, Germany, France, the Netherlands, and China (PRC). The paper argues that the rationale of the European countries analyzed is based on their generally restrictive view on asylum, independent from their political positioning on the Democratic People's Republic of Korea (DPRK). Contrastingly, the rationales of the United States and the PRC are grounded in interests directly related to the Korean peninsula and Cold War narratives.
Topic:
Geopolitics, Asylum, and Refugee Policy
Political Geography:
China, United Kingdom, Asia, South Korea, North Korea, France, Germany, Netherlands, and United States of America

783. Revising Organ Procurement Organization Guidelines to Obtaining Family Consent for Deceased Donation: An Anthropologically Informed Policy Proposal

Author:
Gillian Tisdale
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
Organ transplantation has become a widespread medical practice with public policy designed to increase rates of deceased donation. When individuals have not registered as organ donors, next-of-kin are called on to make donation decisions—requiring families to grapple with the often-confusing concept of ‘brain death’ and parse their understanding of what the deceased would have wanted. Current public policy is explicitly designed to promote high donation rates without clear regard to the experiences of donor-families; at best, these policies prime donation conversations to involve unethical practices, while at worst, the disregard of kin’s experiences may also diminish deceased donation rates. Anthropological literature has documented the often aggressive tactics used by transplant organizations that demonstrate a disregard for the emotional experiences of kin. In 2023, Congress passed the Securing the U.S. Organ Procurement and Transplantation Network Act, prompting the United States Department of Health and Human Services (HHS) to reevaluate organ donation policies and solicit requests for proposal for a new federal contractor to take over the network responsible for overseeing all organ sharing. This article leverages the relevant anthropological literature to provide guiding principles and proposed language amending the Centers for Medicare & Medicaid Services (CMS) Interpretive Guidance that HHS could implement as part of its modernization initiative. These principles aim to improve experiences for kin without lowering donation rates. The article recommends that HHS and its contractors collect metrics to measure the quality of Organ Procurement Organization (OPO) interactions, counterbalancing current benchmarks focused on procurement rates. It also recommends improved protocols to empathically and systematically support kin’s understanding of brain death.
Topic:
Legislation, Public Policy, Procurement, and Organ Transplants
Political Geography:
North America and United States of America

784. Migrant Death and Disappearability at Sea: Mediterranean Necropolitics as a European Strategy of Migration Deterrence

Author:
Bertille Motte
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
The Mediterranean Sea has become the deadliest passage in the world over the past decade, as thousands of migrants lose their lives at sea each year. It has become a key actant of European border violence perpetrated against migrants, as European national and supranational migration institutions instrumentalize the Mediterranean’s natural properties through necropolitical strategies of deterrence. The sea must be understood as a wet ontology and a fluid hybrid border. It is shaped by dynamic and complex interactions between human actors and more-than-human elements through which European violence is passed onto non-European migrants’ bodies. It conceals migrants’ deaths and disappearances, as they become ‘inevitable accidents’ caused by natural and untamable elements. The Mediterranean Sea therefore invisibilizes European structural violence occurring at the border zone and acts as an archive and witness to this violence.
Topic:
Migration, Border Control, Refugees, Violence, Deterrence, Asylum, Necropolitics, and Refugee Policy
Political Geography:
Europe and Mediterranean

785. Is the Government Ready to Take the Lead? Transition of Migration Management in Bosnia and Herzegovina

Author:
Rio Otsuka
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
Bosnia and Herzegovina (BiH) is approaching a critical tipping point as it assumes primary responsibility over migration management from the International Organization for Migration. However, few studies have examined whether the government has acquired the ability to take over this responsibility. Such an examination is crucial given the country’s turmoil since 2018, with increased migration inflows, casting doubt over the government's capabilities. Thus, this study explores the current state of migration management in BiH, both to determine whether the government has developed effective migration management capabilities as well as to highlight current migration challenges faced by BiH. Fieldwork at the Temporary Reception Center Usivak in 2023; interviews with 6 non-governmental organization (NGO) officers and 10 migrants in BiH; and analysis of literature and data provided by scholars, governments, international organizations, and NGOs suggest that authorities in BiH, primarily the Ministry of Security, have generally developed effective management capabilities and are ready to assume managing responsibility. Nevertheless, obstacles with providing living conditions in reception centers that meet international standards and with the implementation of coordinated responses among different institutions remain. As the transition proceeds, the Bosnian government should recognize these challenges and implement policies to address them through continued coordination with international organizations and NGOs.
Topic:
Migration, Refugees, Management, Migration Policy, and International Organization for Migration (IOM)
Political Geography:
Balkans and Bosnia and Herzegovina

786. Guam in Washington, 1972-Present: The Overlooked Strategic Implications of Congressional Polarization

Author:
Mirabai Venkatesh
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
Contrary to the long-held logic that giving Guam a stronger, more autonomous voice will undermine U.S. strategic interests, failing to provide Guam with a stable pathway of interest advancement beyond Congress hinders its development and with it the federal government’s ability to achieve soft-power advantages and basic military readiness in the Indo-Pacific theater. Since the United States assumed responsibility for administering the territory of Guam in 1898, it has treated the prospect of Guam’s status improvement as detrimental to U.S. strategic interests. This has informed its chosen method of territorial administration, which places U.S. territories under the authority of the Department of the Interior. Each territory is then given only one formal representative in Congress, specifically the U.S. House of Representatives, but without full-voting rights. This paper will explore how Guam has managed to advance its interests in Washington since 1972, highlighting how congressional representation has become Guam’s most successful pathway of interest advancement with the federal government to date. However, the agency and success of Guam’s congressional delegates must be framed within a broader discussion of the fragility of the U.S. approach to territorial administration, which has relegated Guam to a pathway of interest advancement incredibly vulnerable to political sea change. Ultimately, this paper will illustrate how Guam’s main pathway of interest advancement in Washington is quickly narrowing at the expense of U.S. strategic interests in the Indo-Pacific.
Topic:
Foreign Policy, Domestic Politics, History, Soft Power, Autonomy, and Strategic Interests
Political Geography:
Asia-Pacific, United States of America, Indo-Pacific, and Guam

787. Friends in Need: Russian Strategic Communications in Africa Before and After the Full-Scale Invasion of Ukraine

Author:
Christopher Babcock
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
Africa is becoming an important strategic hub for the Russian state as Putin’s regime faces rising ostracization elsewhere. In this paper, I analyze Russian influence in Africa by examining over 1,700 pieces of online content created or re-posted by 4 Russian embassies in Ghana, Ethiopia, the Republic of the Congo, and Tanzania between January 15 and December 31, 2022. I demonstrate that, despite new developments in Russian strategic communications, the full-scale invasion of Ukraine has mostly fed pre-existing narratives rather than drastically shifting the focus or direction of state rhetoric. All four of the embassies used in the analysis promoted narratives that depicted Russia as a revisionist power going up against a “neocolonial” West, portrayed Ukraine as a neo-Nazi puppet of the West, and attempted to contrast this with Russia’s purportedly friendly relations with Africa. The scale and intensity of these narratives exploded in the leadup to and in the wake of the invasion of Ukraine—to the extent that some embassies began to focus almost exclusively on Ukraine in their communications. Meanwhile, many African nations were willing to pragmatically engage with Russia as an alternative (or complementary) ally to the West. Using both quantitative and qualitative analysis, I show that the war in Ukraine has revealed the fault lines of Russian and African thinking, loyalty, and strategy.
Topic:
Foreign Policy, Strategic Engagement, Russia-Ukraine War, and Strategic Communication
Political Geography:
Russia and Africa

788. A Land of Violence, A Land of Conquest: Memory, Truth, Historical Continuity, and Imperialism in Rwanda

Author:
Paolo Bellone
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
How is the imperialism of a small African country connected with questions about its own identity and troubled past? In this paper, I try to analyze through the lenses of historical continuity how the ghosts of a dramatic past have crafted Rwanda’s foreign policy. My analysis goes deeper into the pre-colonial era, observing patterns of similarities throughout Rwandan history, starting from the kingdoms of Rwanda in the 18th century until Paul Kagame’s presidency (2000–present). Moreover, instead of seeing a historical break between the pre- and post-1994 genocide governments, I have found historical parallels with the Rwandan independent governments, especially between those of Juvénal Habyarimana (1973–1994) and Paul Kagame. Those similarities swing around the necessity of controlling ethnic dissent, determining a common truth, centralizing power, and establishing the cult of the leader. Nonetheless, the dramatic consequences of the genocide and the international legitimation that has brought on Kagame’s party Rwandan Patriotic Front (RPF) have had, as a result, an imperialistic project based on the necessity of defending “national security.” Rwanda’s delicate balance between managing internal dissent, the homogenization of the society through shared collective memory, and the imperialistic project is at the center of this work.
Topic:
Genocide, Imperialism, History, and Memory
Political Geography:
Africa and Rwanda

789. Understanding the Energy Drivers of Turkey’s Foreign Policy

Author:
Francesco Siccardi
Publication Date:
02-2024
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Turkey has an energy dependence problem. For the past two decades, Ankara’s energy needs have been on the rise, and they are projected to continue on an upward trajectory until at least 2035. Yet, the country is not endowed with the proven natural resources to support its energy needs, and so it imports almost all of the energy it consumes. This reliance on energy imports creates economic and security constraints for Ankara. On the economic front, strategic decisions to diversify Turkey’s energy market impact the direction and pace of the country’s economic development. On the security front, dependence on foreign energy exposes Turkey to external shocks and creates vulnerabilities that affect the country’s international posture. To Turkish policymakers, this is hardly breaking news. For many decades, successive governments have been considering ways to diversify the country’s energy portfolio with the objective of ensuring access to affordable, reliable energy supplies. Domestically, this goal has translated into continued investments in locally produced power, such as the development of natural gas fields under the Black Sea and the opening of nuclear and coal-fired power plants across the country. Externally, the aim of diversification has led Ankara to forge a wide range of international partnerships and preserve relations with both Western purchasers of Turkish exports and key energy providers, including Russia and countries in Turkey’s immediate neighborhood. What is more, Ankara pursues its energy diplomacy against the backdrop of a broader geopolitical strategy of bolstering Turkey’s status as a regional power based on its geographic position and connections. At the heart of this strategy is a grand plan to establish Turkey as a major natural gas hub that will put the country at the center of regional energy trade. This policy has ramifications for Ankara’s relations with its close and more distant neighbors. Turkey is surrounded by energy-rich countries, and one of its primary objectives when reaching out to them is to secure the conditions for a steady inflow of energy resources—typically, natural gas and oil. This objective can lead to the development of durable economic partnerships, such as with Azerbaijan, Turkmenistan, and Iran; but it can also spark conflicts of different degrees of intensity, such as with Turkey’s Eastern Mediterranean neighbors and Iraq. Beyond its immediate neighborhood, Ankara’s gas diplomacy is consequential for relations with Russia—with which Turkey has been strengthening its energy relations beyond hydrocarbons—and with Europe. On the demand side of Ankara’s natural gas market equation, European countries are thirsty for non-Russian hydrocarbons in the short and medium term and for green energy in the longer term. Turkey has the potential to provide both, as long as it comes up with strong policies that support these energy transitions. To do so, the Turkish government will need to shift its approaches not only to energy but also to geopolitics. Ankara will have to present itself as a reliable energy partner for Europe and ramp up its investment in clean energy technologies. Delinking Turkey’s economic development from its dependence on hydrocarbons will benefit Ankara financially while bringing it closer to its European allies. Building a long-lasting energy partnership with Europe remains one of Turkey’s greatest challenges.
Topic:
Foreign Policy, Climate Change, and Economy
Political Geography:
Russia, Iraq, Europe, Iran, Turkey, Caucasus, Middle East, Libya, North Africa, and Egypt

790. Iraq’s Development Road: Geopolitics, Rentierism, and Border Connectivity

Author:
Harith Hasan
Publication Date:
03-2024
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Iraq’s Development Road project aims to create an Iraqi transborder transportation network connecting the Persian Gulf with Türkiye. This network would enhance Iraq’s geopolitical status as a trade corridor and provide financial returns, reducing the state’s reliance on hydrocarbons. However, the project faces obstacles, including challenges of financing and implementation, widespread corruption, the potential for insecurity and instability in Iraq, and the fact that rival transborder projects in the region mean countries may work against its success.
Topic:
Reform, Economy, and Domestic Politics
Political Geography:
Iraq and Middle East