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8991. Towards a New International Law of the Atmosphere?

Author:
Peter H. Sand and Jonathan B. Wiener
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Inclusion of the topic ‘protection of the atmosphere’ in the current work programme of the UN International Law Commission (ILC) reflects the long overdue recognition of the fact that the scope of contemporary international law for the Earth’s atmosphere extends far beyond the traditional discipline of ‘air law’ as a synonym for airspace and air navigation law. Instead, the atmospheric commons are regulated by a ‘regime complex’ comprising a multitude of economic uses including global communications, pollutant emissions and diffusion, in different geographical sectors and vertical zones, in the face of different categories of risks, and addressed by a wide range of different transnational institutions. Following several earlier attempts at identifying cross- cutting legal rules and principles in this field (by, inter alia, the International Law Association, the UN Environment Programme, and the Institut de Droit International), the ILC has now embarked on a new codification/restatement project led by Special Rapporteur Shinya Murase – albeit hamstrung by a highly restrictive ‘understanding’ imposed by the Commission in 2013. This article assesses the prospects and limitations of the initial ILC reports and debates in 2014 and 2015, and potential avenues for progress in the years to come.
Topic:
Climate Change, Environment, International Law, United Nations, and Space
Political Geography:
Global Focus

8992. Law as an Antidote? Assessing the Potential of International Health Law Based on the Ebola-Outbreak 2014

Author:
Robert Frau
Publication Date:
11-2016
Content Type:
Working Paper
Institution:
The Goettingen Journal of International Law
Abstract:
The Ebola-Outbreak of 2014 has put international health law in the limelight. This contribution assesses the measures taken by the international community with regard to the outbreak of 2014 with a special focus on the World Health Organization and the UN Security Council. International law provides different actors with means to cooperate in order to fight the outbreak. The list of actors does not include the UN Security Council, which has addressed the outbreak in one resolution under chapter VII without taking any effective legal remedies. In addition, the relevant human right to health has not been addressed by actors, creating leeway in further emergencies.
Topic:
International Cooperation, United Nations, World Health Organization, Ebola, Public Health, and Pandemic
Political Geography:
Global Focus

8993. The EU Commission and the Fragmentation of International Law: Speaking European in a Foreign Land

Author:
Avidan Kent
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Abstract:
The debate on the fragmentation of International Law has been relatively dormant in recent years. However, recent events demonstrate not only that this debate should be re-awoken, but also that some key elements of this debate must be reconsidered. Notably, while the fragmentation of International Law has often been discussed from the perspective of courts and judges, this article examines the view and the impact of a different institutional actor – the Commission of the European Union. This contribution analyzes a series of amicus briefs that were submitted in a number of investment treaties-based cases. These briefs, which were recently disclosed to the author, reflect a certain radicalization of the European Court of Justice’s view concerning the place and the role of the EU’s legal system within the international legal order. This article discusses the problematic implications that the Commission’s approach may have on the international legal order, as well as possible future pathways.
Topic:
Environment, Human Rights, International Cooperation, International Law, European Union, and Trade
Political Geography:
Europe

8994. The Use of Scholarship by the WTO Appellate Body

Author:
Sondre Torp Helmersen
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article examines the use of scholarship by the WTO Appellate Body. While it is not possible to say definitively how the Appellate Body views the legal status of scholarship in WTO dispute settlement, its use of scholarship will in practice determine its status. The article identifies three overall trends: the Appellate Body’s use of scholarship has declined, the Appellate Body uses scholarship mostly for matters of general international law (as opposed to WTO law), and the Appellate body has generally been careful in its use of scholarship. Possible explanations for these trends may include an increase in available precedents, the Appellate Body’s specialized role, criticism of the Appellate Body, and its members’ backgrounds.
Topic:
International Cooperation, International Law, International Trade and Finance, and World Trade Organization
Political Geography:
Global Focus

8995. The Evolution of Arms Control Instruments and the Potential of the Arms Trade Treaty

Author:
Tom Coppen
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Although the Arms Trade Treaty (ATT) has the potential to create an effective international legal framework for controlling the international arms trade, much depends on the subsequent development of its legal framework. This article therefore analyzes how the ATT, as a multilateral arms control treaty, can develop its own legal framework in accordance with international law and what role the organs established by it can play in that process. It will be shown that in its current form the ATT has significant shortcomings that may prevent it from achieving this goal, but there certainly is room for the lawful development of its norms, which will depend on amassing political will and the establishment of practice.
Topic:
Arms Control and Proliferation, Diplomacy, International Law, Treaties and Agreements, and Military Affairs
Political Geography:
Global Focus

8996. Combating Illegal Fishing in the Exclusive Economic Zone – Flag State Obligations in the Context of the Primary Responsibility of the Coastal State

Author:
Valentin J. Schatz
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Illegal fishing in the Exclusive Economic Zones [EEZs] of developing coastal States is an urgent problem for the marine environment, global food security, and local economies. While past academic debate has predominantly focused on obligations of flag States to tackle so called IUU-fishing in the High Seas, the recent request for an advisory opinion submitted by the Sub-Regional Fisheries Commission to the International Tribunal for the Law of the Sea (ITLOS, Case No. 21) has drawn attention to the fisheries regime of the EEZ. This article argues that the primary responsibility for fisheries management in the EEZ rests on the coastal State and that, so far, flag States have no obligation under customary international law to exercise their jurisdiction and control over vessels flying their flag which fish in the EEZ of other States. The article first gives an account of coastal State regulatory and enforcement jurisdiction. It outlines recent developments of the law by drawing on the jurisprudence of the ITLOS, particularly the recent M/V “Virginia G” Case. Further, the article undertakes to identify potential flag State obligations to combat illegal fishing in the EEZ. To that end, it provides an in-depth analysis of relevant binding and non-binding legal instruments such as the 1982 UN Convention on the Law of the Sea, other multilateral treaties, bilateral fisheries treaties, and relevant soft-law instruments of the Food and Agriculture Organization of the United Nations. The article also discusses the relevance of principles of international environmental law. Next, the article analyzes the nature and scope of potential flag State obligations, qualifying them as obligations of due diligence. Finally, the article concludes that, de lege lata, no persuasive evidence of established flag State obligations exists. The author suggests that the situation should be remedied by a new, fully binding legal instrument.
Topic:
International Law, United Nations, Maritime Commerce, and Fishing
Political Geography:
Global Focus

8997. Iran’s Resurgence as Power after International Sanctions Relief / El resurgimiento de Irán como potencia tras el levantamiento de las sanciones internacionales

Author:
José Ignacio Castro
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
Nuclear agreement between Iran and the P5+1 Group become a reality at the beginning of 2016, with the Iranian engagement on declaration and reduction of her nuclear capabilities, for a temporary period. Parallel to the agreement accomplishment, Iran has increased her power towards her geopolitical enlargement area in the Mesopotamia and Levant region. Iran´s resurgence has caused a conventional weapons´ proliferation, where ballistic missiles are the main stress´s source. At international level, Iran has achieved better business opportunities, although her economic evolution is still slow, mainly due internal power´s dynamics. At global order level, the agreement has brought main actors power´s redesign in Middle East and other global areas. Inside Iran, the agreement has reinforced institutional authority and at the same time it is opening up the way for hope and for a better future for the Iranian people.
Topic:
Arms Control and Proliferation, Treaties and Agreements, Sanctions, and Nuclear Power
Political Geography:
Iran and Middle East

8998. External Actors in the Syrian Civil War. Clash of Interests and Strategies / Los actores externos en la guerra civil siria. Choque de intereses y estrategias

Author:
José Luis Calvo Albero
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The civil war in Syria has become a classic example of proxy war, in which different regional and global powers defend their interests through third parties. That explains its long duration and the high level of violence without reaching exhaustion. This article describes the motivations of the different external actors in the conflict and the strategic lines they follow to achieve their objectives.
Topic:
Syrian War, Proxy War, and Armed Conflict
Political Geography:
Middle East and Syria

8999. A Functional Approach to Violent Radicalization. Building a Systemic Model Based on a Real Case

Author:
Miguel Peco
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
A paradox in the study of violent radicalization is that while each of the empirical findings can be explained with multiple theories, very few theories can explain a relevant number of these findings simultaneously. This paper conducts a functional behavior assessment of violent radical behavior, investigating the factors responsible for its initial learning and subsequent maintenance. Specifically, a model of radicalization is proposed that can explain a wide range of observed phenomena, accommodate apparent exceptions, and obtain testable consequences. It also challenges some firmly rooted ideas, as the alleged existence of aggressive influence practices, or brainwashing. Finally, the model can also provide valuable predictions for subsequent research, such as those related to the reversibility of the process of radicalization.
Topic:
Terrorism, Violent Extremism, and Radicalization
Political Geography:
Global Focus

9000. The U.S. Defense, between the Revolution and the Offset / La Defensa estadounidense, entre la revolución y la compensación

Author:
Guillem Colom
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The article reviews the U.S. contemporary Defense planning to establish the continuity patterns that exist between the Revolution in Military Affairs developed in the 1970s under the Second Offset Strategy, matured in the 1990s and succeeded during the War on Terror; and the Third Offset Strategy that will guide its Defense planning until 2030 and capable of inspiring a new revolution.
Topic:
Defense Policy, Armed Forces, Military Affairs, History, and War on Terror
Political Geography:
North America and United States of America