On the 24th of February 2022, Russia undertook the largest land invasion into a sovereign state since World War II. The unprecedented move was met with a swift deployment of economic tools to deter...Show moreOn the 24th of February 2022, Russia undertook the largest land invasion into a sovereign state since World War II. The unprecedented move was met with a swift deployment of economic tools to deter the invasion and increase Russia’s costs of sustaining the military effort in the long term. As a result of this economic warfare between Russia and the Global North, sovereign assets of more than 300 Billion US Dollars belonging to the Russian Central Bank (RCB) have been frozen. This constituted the largest seizure of sovereign assets since World War II. As of June 2024, calls in the United States and the European Union to use the RCB assets for Ukraine’s military and humanitarian efforts have only been amplifying. These voices neglect international legal perspectives- specifically from the Global South- which highlight the discourses on sovereign immunity and countermeasures. These voices probe the following questions: What do the RCB sanctions mean for the existing sovereign immunity regime? What is the validity of the countermeasures doctrine with regards to the RCB? And most importantly, what do such measures mean for Western financial hegemony? This thesis encapsulates all these legal discourses by asking the question: What is the legality of the Global North states’ sanctions against the Russian Central Bank?Show less
The Ottoman Empire grew increasingly accepting of European law of nations when it became clear that its survival was at stake. In a bid to appeal to their European counterparts, the Ottomans sought...Show moreThe Ottoman Empire grew increasingly accepting of European law of nations when it became clear that its survival was at stake. In a bid to appeal to their European counterparts, the Ottomans sought to reform their existing administrative practices and governmental institutions into a bureaucratic system based on the Western model. Inspired by the European state system, the Ottoman Empire broke its long and historical streak of militaristic statecraft in favor of changing its approach to foreign affairs.Show less
A critical section of China’s One Belt One Road initiative is the Maritime Silk Road, which attempts to connect China to its fellow sea-adjacent nations via maritime trade routes. Unfortunately,...Show moreA critical section of China’s One Belt One Road initiative is the Maritime Silk Road, which attempts to connect China to its fellow sea-adjacent nations via maritime trade routes. Unfortunately, recent legal challenges have created tensions due to competing territorial claims in the South China Sea. Therefore, this thesis aims to answer the question: How has international legal action, or the threats thereof, enacted by South China Sea nations under the United Nations Conventions on the Law of the Sea affected China’s Maritime Silk Road goals? By analyzing China's implicit and explicit goals for the Maritime Silk Road, this thesis finds that China’s primary motivations are increased regional cooperation and resource acquisition. Through an analysis of each of the claimant states, this thesis also finds that arbitration is both likely to occur in the future and harmful to China’s goals for the Maritime Silk Road, as the effects of further arbitration are likely to both raise tensions in the region and make it more difficult for China to secure critical energy and trade resources. Furthermore, this case study addresses why states comply with international law. This study provides support for Managerialism, finding that the case of the South China Sea includes enforcement through joint management by the claimant states of the regional legal regime, and a tolerance for a certain level of noncompliance.Show less
On March 15 this year, The United Nations Committee on Enforced Disappearance (UNCED) has released a hammering report entitled "Double Injustice - Human Rights Violation in the Investigation of the...Show moreOn March 15 this year, The United Nations Committee on Enforced Disappearance (UNCED) has released a hammering report entitled "Double Injustice - Human Rights Violation in the Investigation of the Ayotzinapa Case" into the forced disappearance of 43 students in Mexico in 2014 (OHCHR, 2018). This case, which has also become known under the "Iguala Case", named after the city in Mexico where the horrendous incident happened, has received unprecedented heights of attention, both by the national and international press. During the night of 26th to 27 September 2014, over 80 students from Raúl Isidro Burgos Rural Teachers College of Ayotzinapa travelled by bus (which they had seized) to participate in an annual demonstration in Mexico City.Show less
This thesis examines how US foreign policy behavior affects legitimacy of the ICC since the events of September 9/11, 2001 on American soil. Since the establishment of the International Criminal...Show moreThis thesis examines how US foreign policy behavior affects legitimacy of the ICC since the events of September 9/11, 2001 on American soil. Since the establishment of the International Criminal Court (ICC) in 2002, a hot topic under debate concerns its usefulness for international individual prosecution. The jurisdiction of the ICC consists of specific offence crimes namely, the prosecution of individuals committing genocide, war crimes, crimes against humanity and crimes of aggression. Supporters in favor of the debate argue that the ICC serves as a useful tool and thus is accountable for creating coherence in terms of justice, peace and stability. In contrast, challengers do not recognize the ICC as a useful institute to achieve more order and to realize effective prosecution of individuals worldwide. As one of the challengers, the United States decided not to ratify the established ICC in its current structure. The US accuses the ICC of being a bearer to disorder in international prosecution of individuals. Moreover, the legitimacy of the ICC remains questioned and therefore, its sustainability. For a significant part, the sustainability of the ICC seems dependent on consent of its support and its legitimacy.Show less
The Japanese government has enacted a series of new laws and correlating policies, molded in galvanizing rhetoric of 'adhering to the rule of law in an international context' and a 'pro-active...Show moreThe Japanese government has enacted a series of new laws and correlating policies, molded in galvanizing rhetoric of 'adhering to the rule of law in an international context' and a 'pro-active contribution to peace', justifying the gradual change of its passive stance on cyber-security into a more aggressive one. Yet, in the cyber-realm, the rule of law in an international context is not a static all-encompassing concept; it is filled with normative voids, and constantly in flux, similar to the ever-evolving interpretations behind the rationale of Article 9 of the Japanese Constitution, and the extent to which this allegedly legitimizes shifts in the underpinning security landscape. This thesis provides an insight into the actions conducted by the Japanese government, the significance of their rhetoric, and reveals underlying patterns in the construction of their narratives, by analyzing how political discourse shapes the security landscape, how this affects the (de-)evolution of law, and vice versa. It demonstrates that opposing views on the lethality of cyber-operations contribute to the splintering of international law, hereby creating leeway for the Abe-administration to utilize these lacunae as a rhetorical tool to shift the paradigm of Japan's domestic law. As I argue here, however, there is little rationale that stems from international legal concepts to justify connecting cyber-security to Abe’s vision for general security reform.Show less
The role of interpretation as a research tool in social studies has been quite neglected. Yet, its use could be highly beneficial to try and provide alternative explanations to current world issues...Show moreThe role of interpretation as a research tool in social studies has been quite neglected. Yet, its use could be highly beneficial to try and provide alternative explanations to current world issues. This thesis will therefore aim to furnish a comprehensive assessment of interpretation to understand the effects the latter can have on human rights practices. Looking at the most ratified human rights treaty in history, the Convention on the Rights of the Child, as a case in point will show that although interpretation triggers development and can advance children’s rights, it nonetheless perpetuates inequalities for children from one country to another, and with it, undermines the role of universality human rights treaties aim to attain.Show less
