When does politics stop at the water’s edge? A QCA of parliamentary consensus on military deployment decisions

2020 ◽  
Vol 12 (3) ◽  
pp. 371-390 ◽  
Author(s):  
Tim Haesebrouck ◽  
Anouschka van Immerseel
Keyword(s):  
Legal Status ◽  
Qualitative Comparative Analysis ◽  
Use Of Force ◽  
Military Deployment ◽  
Crucial Importance ◽  
National Parliaments ◽  
Military Operation ◽  
The Military ◽  
Domestic Level ◽  
Do So

AbstractWhy do some military deployment decisions lead to high levels of political contestation, whereas others do not? Or, put differently, when does parliamentary consensus on the use of force abroad exist? In this article, we aim to answer this question by focusing on the varying levels of consensus in national parliaments when taking military deployment decisions. We do so by examining conditions that were derived from research on the domestic-level determinants of the use of force, parliamentary voting, and opposition behaviour. These conditions were included in an integrated theoretical framework, which we tested with fuzzy set Qualitative Comparative Analysis. The results of our analysis show that the international legal status and the objectives of the military operation are of crucial importance for explaining the pattern of political contestation. However, domestic variables need to be taken into account as well to fully explain the level of political contestation of military deployment decisions.

Stepping back from the brink: Why multilateral regulation of autonomy in weapons systems is difficult, yet imperative and feasible

2020 ◽  
Vol 102 (913) ◽  
pp. 235-259
Author(s):  
Frank Sauer
Keyword(s):  
United Nations ◽  
Arms Control ◽  
Use Of Force ◽  
Human Control ◽  
Conventional Weapons ◽  
United Nations Convention ◽  
The United Nations ◽  
The Military ◽  
Weapons Systems

AbstractThis article explains why regulating autonomy in weapons systems, entailing the codification of a legally binding obligation to retain meaningful human control over the use of force, is such a challenging task within the framework of the United Nations Convention on Certain Conventional Weapons. It is difficult because it requires new diplomatic language, and because the military value of weapon autonomy is hard to forego in the current arms control winter. The article argues that regulation is nevertheless imperative, because the strategic as well as ethical risks outweigh the military benefits of unshackled weapon autonomy. To this end, it offers some thoughts on how the implementation of regulation can be expedited.

Proportionality under Jus ad Bellum and Jus in Bello: Clarifying their Relationship

2012 ◽  
Vol 45 (1) ◽  
pp. 107-124 ◽  
Author(s):  
Raphaël van Steenberghe
Keyword(s):  
Case Law ◽  
Military Operations ◽  
Military Operation ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Legal Literature ◽  
State Practice ◽  
The Individual ◽  
The Military ◽  
The Relationship

Proportionality is a condition provided under both jus ad bellum and jus in bello. Based on a particular interpretation of state practice and international case law, recent legal literature argues that the two notions of proportionality are interrelated in that proportionality under jus in bello is included in the assessment of proportionality under jus ad bellum. This article seeks to refute such a position and, more generally, to clarify the relationship between the two notions of proportionality.The main argument of the article is in line with the traditional position regarding the relationship between jus ad bellum and jus in bello. It is argued that, although sharing common features and being somewhat interconnected, the notions of proportionality provided under these two separate branches of international law remain independent of each other, mainly because of what is referred to in this article as the ‘general versus particular’ dichotomy, which characterises their relations. Proportionality under jus ad bellum is to be measured against the military operation as a whole, whereas proportionality under jus in bello is to be assessed against individual military attacks launched in the framework of this operation.This article nonetheless emphasises the risk of overlap between the assessments of the two notions of proportionality when the use of force involves only one or a few military operations. Indeed, in such situations, the ‘general versus particular’ dichotomy, which normally enables one to make a distinct assessment between the two notions of proportionality, is no longer applicable since it becomes impossible to distinguish between the military operation as a whole and the individual military attacks undertaken during this operation.

The Historian’s Role, Public History, and the National Truth Commission in Brazil

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Samantha Viz Quadrat
Keyword(s):  
Public History ◽  
Truth Commission ◽  
Final Report ◽  
Military Dictatorship ◽  
Brazilian Government ◽  
The Right ◽  
The Military ◽  
The Relationship ◽  
National Reconciliation ◽  
Do So

AbstractIn 2011, twenty-six years after the end of the military dictatorship, the Brazilian government took the initiative of implementing the right to memory and to the truth, as well as promoting national reconciliation. A National Truth Commission was created aiming at examining and shedding light on serious human rights violations practiced by government agents from 1946 to 1985. It worked across the entire national territory for almost three years and established partnerships with governments of other countries in order to investigate and expose the international networks created by dictatorships for monitoring and persecuting political opponents across borders. This article analyzes the relationship between historians and the National Truth Commission in Brazil, in addition to the construction of dictatorship public history in the country. In order to do so, the Commission’s relationship with the national community of historians, the works carried out, as well as historians’ reactions towards its works, from its creation until its final report in 2014, will be examined.

The Human Rights Obligations of un Peacekeepers

2016 ◽  
Vol 8 (4) ◽  
pp. 431-450
Author(s):  
Conor Foley
Keyword(s):  
Human Rights ◽  
Single Case ◽  
Use Of Force ◽  
Disciplinary Action ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
The Right ◽  
Do So

Over 100,000 un peacekeeping personnel are deployed on missions with authority from the Security Council, under Chapter vii of the un Charter, to use force to protect civilians. Nevertheless, they have repeatedly failed to do so and yet there does not appear to be a single case where the un has taken disciplinary action against senior staff for failing to act in line with a mission mandate in this regard. This article argues that the ´positive´ and ´negative´ obligations of international human rights law, protecting the right to life and physical integrity, provide the most appropriate guidance to the tactical use of force by un peacekeeping soldiers. Mechanisms also need to be created to improve the accountability of un missions to those that they are responsible for protecting.

scholarly journals Realismo Neoclássico e o Nível Doméstico: A dança das variáveis intervenientes

2020 ◽  
Vol 9 (1) ◽  
pp. 147-169
Author(s):  
Gustavo Fornari Dall'Agnol
Keyword(s):  
Key Words ◽  
Research Program ◽  
Critical Review ◽  
International Politics ◽  
Neoclassical Realism ◽  
The Future ◽  
Realist Ontology ◽  
Domestic Level ◽  
Do So

O presente artigo visa a explorar teoricamente o nível doméstico no programa de pesquisa do Realismo Neoclássico. Para tal, revisa-se o programa desde suas origens na década de 1990 até seu desenvolvimento mais atual, aqui analisado na obra de Ripsman, Lobell e Taliaferro (2016). Faz-se uma revisão crítica do emprego das variáveis domésticas, de maneira, aqui argumentada, indiscriminada e prejudicial ao futuro do programa de pesquisa. Ademais irá propor-se que o Realismo Neoclássico, como possível solução, reorganize as variáveis de nível doméstico empregadas em suas análises e construções teóricas, de maneira a dar primazia a variáveis mais ligadas à ontologia e epistemologia realista. Conclui-se que essa é uma maneira para superar as críticas feitas ao programa de pesquisa, que do ponto de vista do presente estudo, vem contribuindo decisivamente para o estudo da política internacional e pode continuar a fazê-lo.     Abstract: The present paper aims at theoretically exploring the domestic level in the Neoclassical Realist research program. In order to do so, it analyzes the program since its origins in the 1990 towards its most recent development, expressed by the work of Ripsman, Lobell and Taliaferro (2016). A critical review of the employment of domestic variables is realized, arguing that they are introduced in a non-systematic manner and are an obstacle for the future of the research program. Beyond that, it will be proposed, that Neoclassical Realism, as a possible solution, reorganizes its domestic level variables employed in their analysis and theoretical constructions, in a manner of giving primacy to variables closer to the realist ontology and epistemology. The conclusion is that this is one way of overcoming the critics towards the research program, which from the perspective of this work, has been contributing decisively to the study of international politics and can keep doing so. Key-words: Neoclassical Realism; Domestic Variables; Realpolitik.       Recebido em: junho/2019 Aprovado em: dezembro/2020

scholarly journals Военные конфликты как способ пополнения военного жаргона

2021 ◽  
Vol 70 (7) ◽  
pp. 24-26
Author(s):  
О.А Брагина
Keyword(s):  
Military Operation ◽  
Military Conflicts ◽  
The Military

The article is devoted to the study of military conflicts as a way to supplement the military jargon. General features of military jargon are considered. Examples of the formation of jargon in the course of military conflicts (Afghan war, Chechen war, military operation in Syria) are presented.

scholarly journals Taiwanese Identity – Past Factors and Present Circumstances

2020 ◽  
Vol 20 (2) ◽  
pp. 113-128
Author(s):  
Pawel Sendyka
Keyword(s):  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Taiwanese Identity ◽  
The Republic ◽  
The Taiwan Strait ◽  
White Terror ◽  
Nationalist Government ◽  
The Military ◽  
Do So

Abstract Taiwan is an island that off the coast of China. To say that Taiwan is a country is to offend the Communist People’s Republic of China which claims sovereignty over the island and markets it to the world as a “renegade province” which must be re-united with the mainland, by force, if necessary. For people who know very little about Taiwan and its big neighbour across the Taiwan Strait this may even sound convincing, but the truth is more complex. In 1949 the nationalist government (Kuomintang or KMT) having lost the Chinese Civil War retreated from the mainland; the communists have never ruled the island. The settling of the Republic of China’s government in Taiwan and the era of “White Terror” was another one in a series of historical events that were fundamental in forming the modern Taiwanese identity. Whatever the proponents of “one China” claim, the truth of the matter is that there is a shift in attitudes of the inhabitants of Taiwan in how they feel about themselves (Taiwanese, Chinese or both). This is a crucial fact that will have to be acknowledged in the cross-strait relations. The identity argument as such, is independent of any historical claims. And this Taiwanese identity has been evolving and will continue to do so, shaped by the past and the most recent events like the Hong Kong protests, the pandemic, politics and the military aggression and intimidation by the People’s Republic of China. This article will examine these factors in turn.

scholarly journals Pozycja prawna pracowników kolejowych w okresie militaryzacji PKP w drugiej połowie lat czterdziestych XX wieku

2021 ◽  
Vol 43 (3) ◽  
pp. 115-127
Author(s):  
Artur Ogurek
Keyword(s):  
Military Service ◽  
Justice System ◽  
Legal Status ◽  
Literature Research ◽  
Main Factors ◽  
Railway Workers ◽  
The Military

The article is an attempt to present the changes in legal status of railway workers as a result of the militarization of railways in Poland in the second half of the 1940s, including the context and consequences of the militarization process. Literature research as well as query and analysis of legal acts led us to the conclusion that as a result of recognizing PKP employees as called up for military service, their subordination for committed crimes, the jurisdiction of the Military Prosecutor’s Office of the Polish State Railways, and the Military Court of PKP were established. In the article I also describe the main factors of the transformation the special justice system underwent in the analyzed period, proving that it was not the first militarization of the railways in Poland, as well as that the legal acts introducing the militarization in 1944 referred to — at least partially — the tradition of the previous double militarization of railways in the Second Polish Republic.

scholarly journals Institutionalized Ambiguity in Legal Status: Managing Citizenship in the U.S. Imperial Rule of the Philippines

2018 ◽  
Author(s):  
Katrina Quisumbing King
Keyword(s):  
Legal Status ◽  
The Philippines ◽  
The Political ◽  
Administrative Capacity ◽  
Law And Policy ◽  
State Actors ◽  
Political Realm ◽  
The U.S ◽  
Scholarly Attention ◽  
Do So

A perennial question in the scholarship of the state asks how states rule and expand their capacity to do so. Scholars have paid special attention to activities that rationalize and build administrative capacity, known as legibility projects. Alongside these projects, state actors also rule through ambiguous and unclear techniques that have been given less scholarly attention. I introduce the concept of institutionalized ambiguity in legal status to extend the study of state rule. I ask what generates ambiguity, what purposes it serves in law and policy, and what consequences it has for the management of populations. I propose an analytic approach that draws attention to equivocation in law as enabling classificatory debates and discretion in the political realm. To illustrate the purchase of institutionalized ambiguity in legal status, I analyze how, during the years of formal imperial rule (1898-1946), U.S. state actors debated the racial fitness and membership of Filipinos in the imagined U.S. nation. I consider the broader implications of this analysis for scholars of modern state formation and suggest that foundational conflicts over national identity can be institutionalized in law, in turn facilitating a range of contradictory, but co-existing, legally defensible policies.

Governance Configurations for Inter-Organizational Coordination: A Study of Public Safety Networks

2018 ◽  
Vol 33 (4) ◽  
pp. 326-344 ◽  
Author(s):  
Jane Fedorowicz ◽  
Steve Sawyer ◽  
Arthur Tomasino
Keyword(s):  
Public Safety ◽  
Qualitative Comparative Analysis ◽  
Network Governance ◽  
Digital Resources ◽  
Networked Governance ◽  
Governance Effectiveness ◽  
Governance Practices ◽  
Do So ◽  
Public Safety Networks

We focus on networked arrangements of digital resources that are shared among otherwise independent units to advance conceptual and empirical insights about their governance. We are motivated by the simple observation that, increasingly, independent organizations are engaging in shared activities, often relying on purpose-built digital infrastructures to support this move to inter-dependence. To advance current conceptualizations of networked governance, we draw on data from 42 public safety networks and use fuzzy-set qualitative comparative analysis. We do so because fsQCA allows us to account for the realities of inter-dependence among the concepts and variables we consider and to illuminate the multiple viable governance patterns that are possible. The results show the importance of network-level governance competencies to manage stakeholders and information infrastructure to achieve high effectiveness of PSN. Analysis makes clear that there exist five configurations of PSN governance practices that enable high levels of network governance effectiveness. Common to all these configurations are the network-level competence in managing both stakeholders and the digital infrastructure, suggesting these are necessary (but not sufficient) network-level governance competencies. Building from the analysis, we advance the role of specific network-level governance competencies, and the current conceptualization of network governance more broadly.

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