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Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are examined from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms. The existence, among others, of de facto states, puppet states, ‘drowning’ and ‘failed’ States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.

Abstract

This paper analyzes how practices in water diplomacy, and in particular in international water negotiations, are gendered and with what effects. We conduct a comparative analysis of three intergovernmental decision-making forums on international rivers: the Nile Technical Advisory Committee, the Chu-Talas Water Commission, and the International Commission for the Protection of the Rhine. These three cases demonstrate how gender is relational and creates situations in which gendered norms and values are strengthened, challenged, and changed, and sometimes used strategically to gain more power. In addition, two specific dynamics were observed: first, aligning with gendered stereotypes, confrontational practices in water negotiations are perceived as masculine and cooperative ones as feminine. Second, women’s participation in negotiations leads to both male and female negotiators adapting their behavior, resulting in a tendency towards less openly confrontational dynamics in more gender-balanced settings.

Open Access
In: International Negotiation
In: The Hague Journal of Diplomacy

Abstract

The collapse of the existing world order and the rise of a counter order pose problems for the practice of negotiation and mediation as generally conceived. The transition will likely have problems overcoming issues faced in past transitions in 1812, 1919, and 1948 without a full-scale war, yet learn from these experiences. It is not too early to think about the processes and strategies needed to arrive productively at a better new system where negotiation processes can provide useful means to resolve conflicts. This article examines three levels of conflict and how conflict resolution and management approaches might be able to reestablish their capacities in a future system of international relations norms and institutions.

In: International Negotiation
Author:

Summary

Built by the architect Louis Montoyer in Vienna between 1803 and 1808 for the Russian ambassador to Austria, Andrey Razumovsky, the famous Razumovsky Palace would become the centre of anti-Napoleonic diplomacy in the early nineteenth century and a fixture in Vienna’s lively cultural scene. This article first discusses how the ambassador used his embassy as a meeting place for formal and informal diplomacy that contributed to Russia’s positioning against Napoleon long before the Grande Armée invaded the empire. Secondly, the architectural outline of the Razumovsky Palace is linked to the different cultural functions of the embassy that underpinned and strengthened Razumovsky’s diplomatic network. The final section of the article explores the role of the Razumovsky Palace as a determinant factor in the ambassador’s decision to leave diplomatic service and remain in Vienna until his death in 1836.

In: The Hague Journal of Diplomacy

Abstract

This article discusses the relationship between gendered inclusion in peace processes and Track Two peacemaking. It responds to recent policy discourse that explicitly associates linking Track Two to Track One negotiations as a way to increase the inclusion of people identifying as women (United Nations Women 2015). However, the mechanisms through which Track Two leads to more “inclusive” outcomes is complex and unclear. To understand what these mechanisms are and how they can be studied, this article draws from existing theories on transfer in Track Two and inclusion literature in peace and conflict studies to present a novel conceptual model of “linkage.” This model explores the micro-dynamics of gendered inclusivity between different tracks of dialogue engagement and how transfer is facilitated between them.

In: International Negotiation
The Centre for Studies and Research in International Law and International Relations is designed to bring together highly qualified young international lawyers from all over the world, to undertake original research on a common general theme which is determined annually by the Curatorium of the Academy. The Centre is sub-divided in an English-speaking and French-speaking section. The research undertaken at the Centre is published in a collective volume containing the reports of the Directors and the best contributions from the participants.

Le Centre d’études et de recherche en droit international et relations internationales regroupe chaque année de jeunes chercheurs du monde entier pour des journées d’étude sur un sujet commun choisi par le Curatorium de l’Académie. Le Centre se divise en une section francophone et une section anglophone. Lorsque les travaux du Centre se révèlent particulièrement intéressants et originaux, les rapports des directeurs et les articles rédigés par les chercheurs font l’objet d’un ouvrage collectif.

Titles in this series are available online as part of The Hague Academy Collected Courses Online / Recueil des cours de l'Académie de la Haye en ligne.

Titles in this series were previously published in the Colloques / Workshops – Law Books of the Academy.
Authors: and

Abstract

China’s relationship with human security has been ambiguous. It has acted as the most visible objector of the concept, while simultaneously contributing the most troops of all UN Security Council permanent members to UN protection of civilians (poc) peacekeeping missions. To analyse this ambiguity, we develop a typology of activities used by external actors to address human security concerns: mediation, physical protection including the use of force, and capacity building. The typology draws on the three constituent responsibilities in Responsibility to Protect (R2P) and closely aligns with the three tiers of the UN peacekeeping poc policy. We apply our typology on China’s engagement with the South Sudan civil war. We posit two interlinked arguments. First, we argue that China pursues a dual-track approach to human security, within and outside multilateral deployments, and these need to be read simultaneously to appreciate its understanding of the concept. Second, we argue for a refocus on all three types of activities. While most research has focused on the Chinese approach to the use of force, we show that the two other types of activities—mediation and capacity building —present highly productive sites of contestation. Given the current global fragmentation, where any authorisation of the use of force in the unsc and robust peacekeeping deployments are increasingly improbable, understanding Chinese understandings of human security within mediation and capacity building is of paramount importance.

Open Access
In: Journal of International Peacekeeping
Free access
In: Journal of International Peacekeeping