Legislation and Maintenance of Public Order and Civil Life by Occupying Powers

Article 43 of the 1907 Hague Regulations is a key provisionof the law of belligerent occupation. This essay examines howit has been understood by states and scholars, how it was developedby the Fourth Geneva Convention of 1949 and whether and howit was respected by the US and the UK during their recent occupationof Iraq. Under Article 43, an occupying power must restore andmaintain public order and civil life, including public welfare,in an occupied territory. Local legislation and institutionsbased upon such legislation must be respected by an occupyingpower and by any local authorities acting under the global controlof the occupying power. This general prohibition to change thelocal legislation also applies to post-conflict reconstructionefforts, including constitutional reforms, and changes of economicand social policies. The author examines the exceptions to theprohibition and assesses whether the widespread legislativeactivities by the occupying powers in Iraq fall under theseexceptions. He then analyses the question of whether the lawof military occupation ceased to apply in Iraq on 30 June 2004.It is also suggested that Article 43 applies to some peace operationsand provides a useful framework even for those peace operationsto which it does not formally apply.     

Threats of Armed Force and Contemporary International Law

Netherlands International Law Review -     

Public debt stabilization: the relevance of policymakers’ time horizons

Policymakers are stuck in time. Political short-termism, policy myopia, policy short-sightedness, and similar words have been coined to emphasize the present-centric policy thinking. Politics tends to produce short time horizons, and as a result, policymakers often fail to use present opportunities to mitigate future harms. Focusing on fiscal and monetary strategic interactions, given different separate decision makers, our paper aims to explore the effects of policymakers’ time horizons on debt stabilization. To formalize our ideas, we use the novel concept of Nonlinear-model-predictive-control Feedback Nash Equilibrium (NFNE) and find that present-centric policy thinking and decision horizons matters under several dimensions.     

Mental Strategies for Fighting the IS: A Field Study of the Peshmerga Soldiers in Northern Iraq

This study analyzes the war against the Islamic State (IS), specifically on the front in northern Iraq, and the mental strategies that the Kurdish Peshmerga soldiers use to maintain their combat motivation. For this field study, dozens of soldiers of various ranks were interviewed and observed on three fronts outside of Mosul, Erbil, and Kirkuk in February 2014. While some mental strategies are nearly universal, others depend on the characteristics of the fighting force and the threat that they face. The article identifies five distinct mental strategies for dealing with the stress of fighting the IS: simultaneous dehumanization and humanization of the enemy, seeing a larger cause, use of humor, religious identity, and martyrdom. The findings suggest that factors beyond primary group cohesion, on which much previous research has focused, can play an important role in increasing soldiers’ fighting power.     

The Islamic State: A Clash within the Muslim Civilization for the New Caliphate

This study analyzes the political reasons that allowed the Islamic State to expand successfully in Syria and Iraq, by enabling to “franchise” worldwide, and the role of the regional governments in this issue. The article provides a different explanation from the classic approach of the “clash of civilizations” theorized by Samuel P. Huntington, ascribing responsibility for the growth and expansion of the Islamic State to the complex framework of geopolitical alliances within the Muslim civilization and the Arab world. The article highlights the attempt by Turkey to establish itself as a regional power and guidance of the Islamic world, by resurrecting the Caliphate, and, based on this, explains the contrast with the Islamic State, whose goal is the foundation of a globalized Caliphate. The plans of the Turkish President Erdo?an for a Great Turkey, allied with Egypt, have foundered with the coup that ousted the Muslim Brotherhood from power. The study relates the connection of Ankara with the Kurds, regarding the management of the crisis in Syria and Iraq, and the Turkish liaison with regional powers (Iran, Egypt, Saudi Arabia, and Israel) and other powers (Russia, China, and the United States).     

‘Animals first!’ The rise of animal advocacy parties in the EU: a new party family

‘Euro Animal 7’ is the name given informally to 7 animal protection parties which represent voters in Cyprus, Germany, Netherlands, Portugal, Spain, Sweden and United Kingdom. These parties contested in the 2014 European Parliament (EP) election and gained representation in Germany and the Netherlands. Animal advocacy parties are also represented in the national parliaments of Portugal and the Netherlands.

Animal protection is an emergent issue in international politics and this research offers an account of the political positioning of these animal advocacy parties, analyzing their manifestos and the election results. While acknowledging that some parties have distinct ideological traits and some are still reclusive in the form of a single-issue party, this article argues that animal advocacy parties constitute a new party family in European politics.     

White collars and labour history: the contractual regime in Italy from the Liberal to the Fascist era, 1919–1945

This article aims to re-examine the history of non-manual labour, beginning with an analysis of the evolution of general norms governing the contracts of private sector workers in Italy, from the post-First World War period up until the creation of the fascist corporate system in the 1930s. The starting point is the 1919 law that defined the specific characteristics of white-collar workers, expressed as a bond of trust and delegation on the part of employers, from whom legally established and binding guarantees were issued. These guarantees included the offer of permanent employment and the right to compensation should said employment be terminated. This law was reformed during the fascist era, but continued to influence the collective labour agreements stipulated by unions under the regime, contributing to the sustained social status of white-collar workers, particularly in comparison to manual labourers. This article will highlight the difficulties in applying these standards, and the legal and union disputes they generated, exploring an area rarely discussed by historians, while also, as a case study, scrutinizing the more advanced situation of employees in the banking sector – a sector which, from a regulatory and contractual point of view, represented the white-collar élite, as it would continue to do for a long time after the Second World War.     

Do Accrual Numbers Really Affect the Financial Market? An Empirical Analysis of ESA Accounts Across the EU

The adoption of a full accrual framework in the public sector is differentiated country by country both for budgeting and for reporting phases. The purpose of this article is to address the following broader research question: How do accrual numbers affect the financial markets? The 10-year average interest rate on sovereign bonds across the European Union is used as a dependent variable. The results of the research show an unclear relation among the variables investigated. Given this evidence, an alignment between micro- and macroaccounting rules could be pursued. We argue the suitability of the Australian experience in this sense.