Tag: International Law

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Humanitarian Issues

The International Food Security Treaty (IFST): Problems and Prospects

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Courtesy Peter Roan/Flickr

This article was originally published as “On the Origin of a Hunger-Free Species By Means of Enforceable Natural Law” by the Harvard International Review (HIR) on 11 August 2016.

Had Charles Darwin been blessed with precognition while conjecturing about finch beak differentiation over millions of years, he would have envied us. We in the early twenty-first century — within a single lifetime — can observe homo sapiens evolving a transformative new trait with unprecedented strength through the international justice system.

Contrary to common perceptions of his work “On the Origin of Species by Means of Natural Selection,” Darwin’s view of evolution was not confined to physiology alone. In his later book, “The Descent of Man,” he entertained a broader view that included the ways in which more fortunate humans treat the less fortunate, contending, “The aid we feel impelled to give to the helpless is mainly an incidental result of the instinct of sympathy, which was originally acquired as part of the social instincts…”

It’s a safe bet, therefore, that Darwin would have taken great interest in the emergence of the International Food Security Treaty (IFST), an initiative of international law that could equip humanity to eradicate hunger, the world’s most widespread and severe form of suffering.

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The Impact of Brexit on the EU’s International Agreements

EU flat with one star missing
Courtesy freestocks.org/Flickr

This article was originally published by the Centre for European Policy Studies (CEPS) on 15 July 2016.

The prospect of Brexit has kicked up a lot of dust around the now famous Article 50 TEU withdrawal procedure, and the form, scope and sequence of the ‘divorce’ and future framework agreements between the EU and the UK.[1] One issue that has received far less attention is whether the international agreements concluded by the EU will continue to apply to the UK after Brexit, and if so, how.

The EU has concluded 1,139 bilateral and multilateral agreements with third parties, ranging from trade, development and sectoral economic issues like aviation, energy and fisheries, to matters related to visa, human rights, and the Common Foreign and Security Policy (CFSP).[2] For those accords that fall squarely within the realm of the EU’s exclusive competences (e.g. classic free trade agreements) there is in principle no discussion: thanks to its single international legal personality, the EU and the third parties are the sole signatories to the agreements and will remain bound by them. A simple notification by the EU to the third parties might thus suffice to inform them that the EU no longer consists of 28 but 27 member states.

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10 Things You Should Know About the Recent South China Sea Ruling

Storm clouds
Courtesy Peter Baer/Flickr

This article was originally published by the Centre for International Governance Innovation (CIGI) on 18 July 2016

The recent arbitration tribunal’s ruling on the Philippines’ case against China represents a milestone both in international law and in the politics of the South China Sea. In a sweeping, magisterial, and unequivocal decision, the tribunal has moved the goalposts, changed the channel, and put China on the defensive. From this point forward the main question will not be who owns what in the South China Sea, but who does or does not respect international law. China has rejected the decision in the strongest possible terms, with evident (and no doubt heartfelt) emotion. Whether China sticks to that script or ultimately decides that the costs of noncompliance outweigh the benefits is, of course, the $64,000 question. We will have to wait and see. Meanwhile, though, here are key some things about the decision that you may not have noticed:

When it comes to maritime rights, UNCLOS trumps all. The tribunal has made clear that other state-to-state agreements or principles of customary international law can confer maritime rights, but only if they are consistent with UNCLOS principles.Put another way: if you want to be seen to be playing by the rules, you have to be seen to be playing by UNCLOS rules.

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Law, Legitimacy and Morality of Warfare: A Conversation about ‘Legitimate Targets? Social Construction, International Law and US Bombing’

Air and Marine officers control and watch images taken by Unmanned Aerial Vehicles. Image: Gerald Nino/Wikimedia

This book review was originally published by Politics in Spires on 19 July, 2015.

In the following conversation concerning her recent publication, Dr. Janina Dill, Departmental Lecturer in International Relations at the University of Oxford, navigates a clear-cut path through concepts of International Law (IL), legitimacy and morality in warfare. From a theoretical perspective, she explains the relationship between constructivism, IL and international relations and highlights how our understanding of this relationship may be better informed through new concepts such as ”behavioural relevance” and “normative success”. From a practical perspective, she examines the historical shift in the conduct of warfare and the use of drone warfare by the United States. In response to Brett Rosenberg’s questions, Dr. Dill contemplates whether there are in fact legitimate targets in war.

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Categories
Humanitarian Issues

International Law and the Changing Face of Conflict

Global Justice and International Law. Image: geralt/Pixabay

On 20 May 2015, the ISN hosted an Evening Talk on “International Law and the Changing Face of Conflict,” which featured the University of Notre Dame’s Dr. Tanisha Fazal, who is an Associate Professor of Political Science and Peace Studies there. Today, we feature 1) her presentation on the proliferation of international humanitarian law (IHL) and its unintended consequences, and 2) highlights from the subsequent questions and answers session, which was moderated by the ISN’s Peter Faber.

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