International Legal Environment Research Articles

Energy Diplomacy of Turkmenistan: Determining Factors and Legal Framework

Introduction. Energy diplomacy is an effective means of ensuring energy security (international and national) and, at the same time, an instrument for implementing the foreign energy policy of states. Since energy diplomacy is formed and implemented in the conditions of the state legal and international legal environment, the study of its legal component acquires not only theoretical, but also important practical significance. At the same time, the legal aspects of energy diplomacy (both in general and in relation to specific countries) have not yet been systematically developed in the legal literature, including in the science of international law. Based on the analysis of scientific and regulatory material, the article identifies the features of Turkmenistan's energy diplomacy and its legal support.Materials and methods. Within the framework of the study, the sources of international law related to the topic under consideration, political and legal policy documents and acts of national legislation of Turkmenistan are considered. The theoretical basis of the research was the scientific works of experts in the field of international law and energy law, as well as individual studies of the problem of energy diplomacy, including in relation to a chosen country. The methodological basis of the study was presented by general scientific and special legal methods.The results of the study. Factors of a resource-geographical nature, combined with factors of a political and legal nature (the status of Turkmenistan as a permanently neutral state) determine the originality of foreign energy policy and, significant from the point of view of international law, the features of Turkmenistan's energy diplomacy. The main strategic priority of Turkmenistan's energy diplomacy is to increase the export potential of oil and gas products and, in this regard, to create an extensive, modern and efficient infrastructure for transit and delivery of energy resources to foreign energy markets, comprehensive legal support for these processes. Reliance on the potential of multilateral diplomacy (primarily in the UN system) for the international legal legitimization of their national interests in the energy sector is combined with the development of bilateral international legal relations of energy cooperation on terms of mutual benefit, while respecting the basic principles of international law. The head of state plays a special role in the development and legal formalization of Turkmenistan's energy diplomacy. Embargoes, as well as unilateral restrictive measures, used in the practice of a number of States and individual integration associations, are not used as a means of economic pressure on other States. Special importance is attached to preventive diplomacy within the framework of the Central Asian region.Discussion and conclusion. Turkmenistan's energy diplomacy, being the main means of implementing its foreign energy policy, has an international and constitutional legal framework, in turn, including: the UN Charter and other fundamental international legal acts establishing the basic principles of international law and the provisions of the Constitution of Turkmenistan on adherence to these principles, taking into account its permanently neutral status; Resolutions The UN General Assembly and acts of the constitutional legislation of Turkmenistan relating to the legal formalization and implementation of its permanent neutral status; norms of international law and provisions of the constitutional legislation of Turkmenistan regulating the main forms of diplomatic activity; special principles of international energy law correlating with the norms of the constitutional law of Turkmenistan.

International Legal Approach to Understanding Energy Diplomacy

INTRODUCTION. The relevance of the research topic is determined, firstly, by the increasing importance of energy diplomacy for solving modern problems arising in the field of international energy cooperation, and secondly, by the significance of studying the problems of energy diplomacy from the point of view of the science of international law. Despite the fact that energy diplomacy is being formed and realizing its potential in the international legal environment, it is not given adequate attention to its role in the legal literature, including in scientific works on international law, which, in turn, looks like a gap in international legal science. The purpose of the work is to substantiate the international legal concept of energy diplomacy, to identify its connection with the classical model of diplomacy and at the same time specific, to objectively identify the main directions of the relationship between energy diplomacy and international law.MATERIALS AND METHODS. When writing the work, scientific works related to the topic, international treaties and documents of international law, acts of national legislation of states are analyzed. General scientific and special methods of cognition, including comparative legal and formal legal, were used as a research method.RESEARCH RESULTS. Energy diplomacy is derived from the “classical” model of diplomacy. There are various interpretations of diplomacy, focusing on its various aspects and manifestations. The article substantiates the understanding of diplomacy as a means of implementing the state’s foreign policy through the activities of special entities (bodies of foreign relations) using non-military techniques and methods in accordance with international law. The evolution of diplomacy and the emergence of its new forms are traced, their specificity and international legal component are noted. Taking into account the specifics of energy, international energy cooperation, their legal support based on the potential of international and national law, the independent nature of energy diplomacy, its increasing role in modern conditions is substantiated. The specific features of energy diplomacy are identified and its concept is proposed, taking into account the international legal component. In modern conditions, full-fledged regulatory and institutional legal foundations of the EU’s foreign energy policy and energy diplomacy have not developed. It is noted that the legitimacy of unilateral restrictive measures applied in energy diplomacy by a number of states is indisputable from the point of view of international law. The main directions of the relationship between energy diplomacy and international law are outlined in detail, options for legitimizing the national interests of states in the energy sector based on the potential of international law are highlighted.DISCUSSION AND CONCLUSIONS. The main conclusions of the study are as follows. Firstly, energy diplomacy is a new functional area of diplomatic activity. It has a single essence with “classical” diplomacy (to serve as a means of implementing foreign policy, in accordance with international law) and, at the same time, is characterized by a number of features derived from the energy sector and energy law (a special focus on the implementation of the goals and objectives of the state's foreign energy policy, the participation of energy departments in it and the connection of energy companies, methods used in it). Secondly, energy diplomacy and international law in the process of their development and functioning are mutually linked and have a reciprocal influence. International law, firstly, defines the legal framework and forms of implementation of energy diplomacy (as well as diplomatic activity in general), and secondly, plays a decisive role in legitimizing the national interests of states in the field of foreign energy policy carried out through energy diplomacy. In turn, energy diplomacy, relying on the potential of international law, contributes to ensuring energy security (national and international) and, thereby, to maintaining the international energy order. In general, energy diplomacy influences the process of creation and operation of international law norms and contributes to the development of international law.

Pathways from the (semi) Periphery: Early Assessment of EU Mercosur Trade Agreement in Principle

In the current international and domestic context, imagining a more complex bilateral trade agreement is more accessible than between the European Union (E.U.) and Mercosur (the South American International Trading Bloc). The tensions between these major trading blocs only aggravate international trade and economic relations. Consequently, the World Trade Organization (WTO) is bracing for its most significant challenge since its establishment in 1994. Between the E.U. and Mercosur's complex trade agreement and the WTO's challenge, the post-COVID-19 international legal environment has become even more complicated. 
 The aims of this paper are: (1) to analyze the importance of the E.U.–Mercosur agreement within the current institutional trade framework; (2) to present some of the most controversial dilemmas posed by the present agreement; and (3) to evaluate the extent to which the agreement may support or hinder more sustainable and inclusive development among both trade partners. This study will focus on Brazil due to its geography, population size, and historical efforts to bring the nation closer to the international periphery and its radical turn to authoritarian populism. Additionally, Brazil's Amazon Rainforest's global necessity is essential for this study.

PARALLEL IMPORT: THEORETICAL ASPECTS AND PROBLEMS OF REGULATION

This article is devoted to consideration of parallel import of goods with intellectual property rights, focusing on theoretical aspects and problems of regulation of this phenomenon. The main purpose of the article is to study and generalize the key concepts and approaches related to parallel import, which includes trademarks, copyright and patents. The problems arising in connection with parallel import are considered, and the approaches to their regulation in the international and national legal environment are analyzed. The article emphasizes transparency and balance in the regulation of this phenomenon, as well as the impact on market dynamics and competitive relations. In particular, it considers how parallel imports can affect the quality and safety of products, which becomes especially important in the context of consumer rights and trust in goods on the market. The greatest attention is paid to the effectiveness of customs control, which becomes a key component in ensuring compliance with intellectual property rights and control over the circulation of goods through unofficial channels. Highlighting the importance of this article, it is important to emphasize that parallel import is becoming an important element of world trade in the conditions of globalization. Today's market is becoming increasingly integrated, where goods cross borders and are exchanged between countries, so understanding and regulating parallel imports becomes a necessity to ensure fair competition, protect the rights of intellectual property owners, and protect consumers. Modern international trade relations require adaptation to new realities, and this article contributes to the understanding of important aspects and the resolution of complex issues related to parallel imports. Therefore, this article is aimed at expanding the understanding of the essence and impact of parallel imports on market dynamics and the legal landscape. It emphasizes the need to find a balance between competition and the protection of the rights of intellectual property owners, and also encourages further research, discussion and development of relevant legislation to effectively regulate this phenomenon in the customs sphere.

Organizing the international marketing environment and relationships

In the article, the international marketing environment and its study, the reasons for the organization of international marketing services, the political and legal environment, the main purpose of entering the foreign market, making a decision to enter the international consumer market, export of goods, cooperative entrepreneurship, the organization of international marketing relations, political- legal environment and the main goal of entering the foreign market, the development of marketing services, the conclusions on the sustainable development of socio-economic relations between the countries are given.

The Obligations of Governments and Big Pharma Regarding Equitable Vaccine Supply

The COVID-19 pandemic has wreaked havoc the world over, simultaneously creating opportunities for some, including ‘Big Pharma.’ Governments continue to have the obligation for managing the pandemic, and many governments delegated the responsibility for vaccine supply to Big Pharma. Developed countries generously funded vaccine development, while reserving the first option to purchase the vaccines for themselves, thus being accused of vaccine hoarding. Concurrently, Big Pharma has disclaimed liability for any side effects caused by the virus, and any obligation to share its vaccine intellectual property. This left most of the world, particularly the Global South, in a precarious position regarding vaccine supply. This article discusses the obligations of governments to their own people and to the rest of the world and the obligations of Big Pharma, specifically regarding equitable vaccine supply during the COVID-19 pandemic. To articulate its arguments for vaccine equity, the author relies primarily on the right to dignity and attempts to balance this right against the seemingly conflicting interests of the Global North. The vaccine equity issue is an intersectional issue perpetuated by systemic inequalities affected by a myriad of factors including historical power imbalances. It is argued that all parties need to act to overcome the pandemic, especially states and companies in the Global North. This would be consistent with international policy and legal environment and the requirements of global justice.

Mizhnarodno-pravove rehuliuvannia spivpratsi derzhav u haluzi vidnovliuvanoi enerhetyky

The current state of international legal regulation of relations of renewable energy is considered, the need to analyse the dynamics of the formation of rules of conduct of states, which are enshrined in various sources, including those enshrined in Art. 38 of the Charter of the International Court of Justice, as well as a significant array of rules, which international law has been called «soft law». It is shown that in the domestic doctrine of international law is quite a common to view that the main sources of so-called «soft law» are resolved of intergovernmental organizations of the UN system and its offices, especially the UN General Assembly, political acts of regional conferences, and organizations, others international acts adopted by states, intergovernmental organizations, which are not legal but moral and political in nature. The process of formation of the international regulatory framework in the field of renewable energy is analysed, which shows that the development of international policy and «soft law» in this area has gone through four conditional stages: the formation of general principles of cooperation; introduction of the concept of sustainable development in the international legal environment; recognition of energy as a component of sustainable development; launch of the UN Sustainable Energy for All initiative. It is noted that despite all efforts, the share of new and renewable energy sources in the global energy balance remains extremely low. Referring to this fact, the General Assembly calls for measures to be taken to ensure the cost-effective use of such types of energy. It is noted that in the array of norms of international law, which directly or indirectly relate to the field of renewable energy, the vast majority is a set of rules of «soft law». It is shown that the world powers seek to cooperate through the work of specialized international organizations that are designed to introduce the production of renewable energy sources. The focus is on the International Renewable Energy Agency (IRENA), the establishment of which is, of course, a necessary way to implement renewable energy. Because the recommendatory nature of these international organizations does not contribute to the positive purpose of such cooperation. In order to unify the international legal regulation of renewable energy, it is necessary to develop a common international legal framework in this area with mandatory compliance with the legal norms of all participants.

New modes of transport and their impact on international transport

Various alternative transport options are currently being developed. The business environment as well as legislation must respond to these. It is possible that in a few years we will encounter modes of transport that were unknown until recently. Whether it is air transport by drones or autonomous vehicles, these are just concepts that are at a more advanced stage of implementation. The task of the legislation will be to respond to these stimuli to avoid uncertainty. These changes will have a major impact on the international transport of goods. The advantage of these alternative modes of transport is the lower impact on the environment, when alternative modes are usually used to power them. The aim of this article is to identify opportunities of new modes of transport on international trade relations. The international legal environment must face new challenges and respond in advance to possible modes of alternative transport. The practice is known that if an adequate legal framework is not created, these alternative modes of transport will develop uncontrollably and after that it will be very difficult to introduce any changes or rules. One way to do this is to implement any changes to the Incoterms. There is also a variant of introducing uniform international standards or, in the case of EU directives, that would address this issue.

Pravna regulativa trgovine OTC (over-the-counter) finansijskim derivatima

Author explains legal regulation of OTC financial derivative trading on the leading financial markets (USA and EU) as well as shows uniform regulations developed in international legal environment, and separately explains legal framework of the said question in positive Serbian law. Author elaborates main current legal issues related to financial derivatives transactions on the OTC market to which domestic participants are exposed during the operations in Serbian territory but also in cross-border operations. Finally, the author provides concrete proposals for further improvement of disputable legal issues by amending the regulatory framework in line with comparative legal regulations and regulations developed by the international community. Purpose of this article is to bring the attention of legal experts in Serbia to certain inefficient solutions in currently applicable legal regulations related to financial derivatives on the OTC Market, as well as to serve to legal practice as guidance for practical solving the disputable legal issues in particular transactions which have become frequent also for domestic participants on the capital market.

Legal-economic regime of the Russian Arctic region in the international legal environment: evolution and development pathways

The Arctic vector in world policies is escalating, no doubt largely because of the predicted increase in the region’s involvement in global economic processes. One of the components of this process – definition of the legal status of the Arctic Ocean, is now in an active phase. The discord now seen in the establishment of international legal arrangements in the Arctic is due to: the international legal custom in the region, special conditions for economic activity in the Arctic region, emergence of new economic stakeholders in the region, global environmental challenges. For Arctic coastal states, like Russia, interests in the Arctic are of vital importance. Some countries, such as Russia, Canada and Norway, are interested in maintaining continuity in the international customary law, whereas some others, like China, Germany, or South Korea, are eager to introduce new means of legal regulation. This article suggests recommendations on further improving the national legislation and the instruments for managing the Arctic regional economic policy. Important considerations here are Russia’s strategic interests in the region, along with harmonization of relationships with other stakeholders, and mitigation of environmental risks. To this end, we have analysed the background for the formation of the international legal custom in the Arctic region, current trends in international law, valid economic grounds for countries to realize their interests in the Arctic. Special focus is on Russian economic policy in view of the challenging situation in the country’s national economy and its international affairs.

Публічні фінанси та фінансовий менеджмент у публічній сфері: сутність понять, відмінні риси та особливості системних складових

У статті розкрито зміст поняття «публічні фінанси» через розширення рамок цієї категорії від традиційних відносин, які формують потоки фінансових ресурсів у межах бюджетної системи України до фінансових відносин, які передбачають взаємодію(партнерство) інших суб’єктів приватного та публічного секторів економіки на користь реалізації функцій держави. Зазначається, що усі суб’єкти фінансових відносин можуть діяти як у вітчизняному, так і у міжнародному правовому полі за умови обов’язкового та чіткого нормативно-законодавчого регламенту фінансової діяльності у публічній сфері. Досліджено зміст суміжних категорій, таких як «бюджетний менеджмент», «державний фінансовий менеджмент» та «публічний фінансовий менеджмент», доведена їхня відмінність через змістовну розрізненість публічних фінансів як об’єкта управління. Запропонована уточнена дефініція «фінансовий менеджмент у публічній сфері», яка дозволяє врегулювати питання фінансового менеджменту на всій площині публічної сфери та врахувати зазначені складові публічних фінансів як об’єкта управління. Доведена необхідність формування спеціального комплексного інструментарію реалізації функцій фінансового менеджменту у публічній сфері по відношенню до окремих суб’єктів фінансових відносин, які через рух фінансових ресурсів приймають участь у реалізації публічних функцій.

Development of the public-private partnership conception in the international legal environment

The article is devoted to the key aspects and stages of the conceptualization, formation and evolutionary development of public-private partnership (PPP) at the international level. Among the approaches of international organizations to PPP, the one that consolidates the concept of PPP with the UN’s S Sustainable Development Goals (SDGs) is highlighted. The interest in it is due to a very noticeable revitalization of a large number of international organizations in this direction. The foreign doctrine is still only forming a request to improve the PPP concept based on the best “Value for Money” through the efforts of the social value of PPP. However, in the approaches of international organizations, a new format of PPP, based on Value for People, is already being proposed. Is the proposed transformation evolutionary for the concept of PPP or is it nothing more than a large-scale campaign to popularize PPP in support of the SDGs? Finding the answer to this question and its argumentation is the purpose of the article. Based on the analysis of international PPP standards, an attempt is made to reveal the main elements and targets of the updated concept of “People-first Public-Private Partnerships”. Some examples of its practical implementation in the national legal framework of some states and the practice of PPP are provided. At the same time, the article undertakes a critical analysis of the relationship between the SDGs and “People-first Public-Private Partnerships” not only in terms of its ideology, but also in the context of legal relations developing within the framework of “People-first Public-Private Partnerships”.

Expo-1967 in Montreal: the Struggle for Ukrainian Sovereignty

The purpose of the article is to analyze the events surrounding the participation of the Ukrainian Soviet Socialist Republic in the World Expo–1967 exhibition in Montreal and to identify the features of this process, such as the actions of diaspora organizations to attract the attention of the Canadian government and the international community to the political status of Ukraine within the Soviet Union. The publication proves that the youth movement of the Ukrainian diaspora is able to influence the course of important political events, one of which was the Montreal World Exhibition. It was used by the Kremlin as a component of preparations for the 50th anniversary of the October Bolshevik coup in Petrograd on November 7, 1917. Meanwhile, the Ukrainian diaspora was preparing to celebrate the anniversaries of the Ukrainian settlements in Canada, the Ukrainian National Revolution of 1917–1921, and the creation of the Ukrainian Insurgent Army. The author concluded that the Ukrainian Canadian community drew the attention of the Canadian government and the international community to the political status of Ukraine within the Soviet Union and contributed to the consolidation of all Ukrainian world in the fight for human rights in Soviet Ukraine and its proper place in the international political and legal environment. Despite the strong involvement of the Soviet Union’s State Security Committee’s agent network, the activities of Ukrainian youth organizations in Canada in July–August 1967 brought a number of positive gains. In particular, it fostered a sense of patriotism, self–identification, and continuity in the traditions of national liberation struggle. At the same time, the nature of the events was driven by local characteristics, the size of the diaspora and its financial resources. In this context, the activities of Ukrainian youth organizations in Canada during Expo-1967 were a kind of impetus for the further struggle for freedom and independence of the native generations of the state – Ukraine.

International Investment Arbitration in Myanmar: Bounded Rationality, But Not as We Know It

Abstract In 2011, following almost fifty years of one-party military rule, Myanmar began a process of transition toward democracy. Alongside this process, the Government of Myanmar is pursuing a variety of reforms in the hope of attracting new foreign investment. This article examines elements of the national and international legal environment governing foreign investment in Myanmar. The focus is on Myanmar’s current approach to investment treaties and Myanmar’s experience of investor-state arbitration under such treaties to date, although the article also reviews Myanmar’s national laws that are relevant to international investment arbitration, notably its laws on foreign investment and on arbitration. The article highlights Myanmar’s position to date as a ‘rule-taker’ in the investment treaty regime. It draws attention to important differences between Myanmar’s experience with investment treaties and the experiences of other developing countries, as well as possible points of similarity.

Israel, Palestine, and the Language of Genocide

Israel, Palestine, and the Language of Genocide

“In the public interest”: The privacy implications of international business-to-business sharing of cyber-threat intelligence

This article reports on preliminary findings and recommendations of a cross-discipline project to accelerate international business-to-business automated sharing of cyber-threat intelligence, particularly IP addresses. The article outlines the project and its objectives and the importance of determining whether IP addresses can be lawfully shared as cyber threat intelligence.The goal of the project is to enhance cyber-threat intelligence sharing throughout the cyber ecosystem. The findings and recommendations from this project enable businesses to navigate the international legal environment and develop their policy and procedures to enable timely, effective and legal sharing of cyber-threat information. The project is the first of its kind in the world. It is unique in both focus and scope. Unlike the cyber-threat information sharing reviews and initiatives being developed at country and regional levels, the focus of this project and this article is on business-to-business sharing. The scope of this project in terms of the 34 jurisdictions reviewed as to their data protection requirements is more comprehensive than any similar study to date.This article focuses on the sharing of IP addresses as cyber threat intelligence in the context of the new European Union (EU) data protection initiatives agreed in December 2015 and formally adopted by the European Council and Parliament in April 2016. The new EU General Data Protection Regulation (GDPR) applies to EU member countries, a major focus of the international cyber threat sharing project. The research also reveals that EU data protection requirements, particularly the currently applicable law of the Data Protection Directive 95/46/EC (1995 Directive) (the rules of which the GDPR will replace in practice in 2018), generally form the basis of current data protection requirements in countries outside Europe. It is expected that this influence will continue and that the GDPR will shape the development of data protection internationally.In this article, the authors examine whether static and dynamic IP addresses are “personal data” as defined in the GDPR and its predecessor the 1995 Directive that is currently the model for data protection in many jurisdictions outside Europe. The authors then consider whether sharing of that data by a business without the consent of the data subject, can be justified in the public interest so as to override individual rights under Articles 7 and 8(1) of the Charter of Fundamental Rights of the European Union, which underpin EU data protection. The analysis shows that the sharing of cyber threat intelligence is in the public interest so as to override the rights of a data subject, as long as it is carried out in ways that are strictly necessary in order to achieve security objectives. The article concludes by summarizing the project findings to date, and how they inform international sharing of cyber-threat intelligence within the private sector.

Precedent Citation at the WTO - Shifting the Empirical Focus to Panelists

Scholars of judicial decision making have long theorized and studied how personal characteristics are related to judicial outcomes in the domestic sphere. But few such studies have been done in the international legal environment, where scholars largely neglect the person of the judge as a relevant dimension for understanding decision making and judicial outcomes. We turn our attention to the WTO dispute settlement system and its rules on precedent usage. Since the WTO’s official rules on precedent usage is ambiguous — and thus fail to provide determinative guidance — we show that personal characteristics may matter greatly in how individual panelists approach precedents usage in panel decisions.Applying both parametric and non-parametric methods, we find that panel chairs who are lawyers cite precedents with less frequency than chairs who are not lawyers. By contrast, we find insufficient evidence to support that chairs from common law countries cite precedent at rates differing from those of chairs from non-common law countries. Overall, our findings suggest that the background of those appointed to the panels plays an important role in the creation and flexibility of WTO rulemaking through the use of precedent.

Safety as a Synergistic Principle in Space Activities

The two space anomalies that occurred in October 2014 brought home, once again, the fact that space activities are dangerous. The U.S. Congress had acknowledged this fact by characterizing space transportation as “inherently risky” in the Commercial Space Launch Amendments Act of 2004. While that description does not go as far as to say space activities can never be safe or are completely unsafe, it includes the tacit understanding that space transportation provides complex and sometimes unique challenges. While some of these challenges are engendered by the realities of space systems operationally, others arise from the perspective of how much safety is legally required and for whom. The immediate article attempts to provide an overview of the legal underpinnings of space safety and some of the implications arising from current space policy. It will begin with some historical context, proceed to describe the current international and domestic legal and policy environment, identify some key emerging issues, and end with brief recommendations.

Toward an International Law for Ungoverned Spaces

UNGOVERNED SPACES, STRICTLY DEFINED AS SPACES NOT EFFECTIVELY GOVERNED by the state, exist all over the world, presenting particular difficulties to public international law that is historically premised on sovereignty and state control. Notorious examples of such spaces include south-central Somalia and the Federally Administered Tribal Areas along the Afghan-Pakistan border. These spaces destabilize the international system in novel ways--and they might also be dangerous. Many of the terrorism plots from the late twentieth and early twenty-first centuries emanated from safe havens afforded by ungoverned The lack of governance over certain spaces also raises concerns about development, including the health, education, human rights, and economic welfare of affected populations. In a 2010 article in Foreign Affairs, Michael Crawford and Jami Miscik identify the emergence of mezzanine actors within ungoverned spaces, who insert themselves at the level between the government and the people. (1) These actors--such as Hezbollah, the Afghan and Pakistan Taliban, al-Qaeda, al Shabaab, Lashkar-e-Taiba, the Haqqani network, and the Islamic State, to name a few--operate in a legal netherworld outside the control of domestic legislation and free from the responsibility of international rules. In order to respond to the challenges posed, Crawford and Miscik call on governments to work over time to recast the international legal environment and modernize international law so that it addresses the problem of ungoverned spaces. (2) To date, this challenge remains unanswered. In dealing with ungoverned spaces, states and international organizations continue to cling to outmoded rules of international law. Powerful governments use these rules to their advantage, justifying interventions or making unequal bargains with their weaker counterparts. Meanwhile, desperate leaders, seeking to maintain their formal position, mock the rules by asserting sovereignty over spaces completely outside their effective control. Civilian populations are caught in the middle, bereft of the support they deserve from formal institutions, and left to the whims of informal actors. Hearts of Darkness Ungoverned spaces are often portrayed as a threat to international security; however, the issue is much more pervasive. States that lack an effective government are unable to provide for their citizens. Building codes are ignored and sanitation services are discontinued. Borders and coastlines are left unpatrolled. Unfettered transnational corporations act with impunity, effectively outside of anyone's jurisdictional control. Collectively these symptoms have obvious internal effects, but they also apply externally. The lack of an effective government makes treaty making, treaty compliance, and requests for assistance from international development organizations a practical impossibility. Diplomatic and consular relations also break down when sending states recall their representatives. Such externalities isolate the receiving state and exacerbate the negative effects of ungoverned space. Existing governance arrangements provided by international and domestic law fail to address in full any of these potential challenges to the international system. Another misperception about ungoverned space is that it is limited to remote inaccessible territory of the type made infamous by al-Qaeda and al Shabaab. In fact, ungoverned spaces are as likely to emerge in the middle of metropolitan areas--think of the Tower of David in Caracas or the favelas in Rio de Janiero--as they are in mountain or desert redoubts. Furthermore, with the advent of the Internet and other information technologies, much of the man-made virtual space has eluded centralized state or governmental control. Operational zones, such as those applicable to private military contractors or corporations operating transnationally, are often formally regulated but functionally lawless. …

A Fruitful Marriage: Interdisciplinary Approaches to International Relations and International Law

Interdisciplinary Perspectives on International Law and International Relations: The State of the Art. Edited By Jeffrey L. Dunoff, Mark A. Pollack. New York: Cambridge University Press, 2013. 672 pp., $38.81 paperback (ISBN-13: 978-1-10768-402-7). For the past two or three decades, the marriage between international relations (IR) and international law (IL) has been a fruitful one. This interdisciplinary agenda has generated many research programs—legalization in world politics, rational design of international institutions, research on compliance with IL—just to name a few. IR and IL seem to be natural partners. International politics operates within the international legal and normative environment; IL is enmeshed with international power politics and the changing landscape of world politics. As a stock-taking book that also provides a way forward, Interdisciplinary Perspectives is a welcome addition to this literature. The contributors to the edited volume are well known to both fields; each has generated new collaborative research programs that have advanced the field. Researchers and students in both IR and IL will benefit greatly from this book, both as a reference and as food for further thought. The book starts with the big-picture debates that have defined the field: realism, liberalism, constructivism, and institutionalism. The contributors provide a good survey of each tradition without losing sight of the possibility of dialogue between different “isms.” Very appropriately, the book also questions the utility of an interdisciplinary approach. Did we get it right when IR and IL scholars started talking to each other in …