Lebanon’s Power-Sharing System and the Rise of Sectarianism

Power-sharing settlements intended to prevent recurring conflicts in divided societies have produced mixed outcomes. For decades, Lebanon’s power-sharing political system has been blamed for political instability, sectarian division, recurring conflicts, and foreign intervention. Lebanon today is an example of a confessional divided state where growing sectarian identity has triggered inter-community mistrust. The increasing sectarian division and conflicts since Lebanon gained its independence from France in 1943 has been attributed to the power-sharing political system.

This essay, however, demonstrates that the root of the conflicts is the manipulation of that system by the political elites, by virtue of their strategic positions in the government, and political sectarian organizations and movements are capable of influencing political processes considerably. Through manipulative schemes of the power-sharing system, political elites were successful in transferring the power from the state to the religious sects and their political representatives, and thus reinforced sectarian division, weakened the state, and delayed the transition to full democracy. This essay takes Lebanon as a case study to show that although a power-sharing agreement has the power to reduce the risk of recurring conflicts, it has the tendency to reinforce sectarian division leading to deterioration of national unity.     

Arms Prices and Conflict Onset: Insights from Lebanon and Syria

What drives the prices of arms and ammunition sold at illicit markets? Do the prices of illegal arms soar during episodes of marked insecurity, such as conflict onset? This article seeks to advance knowledge on the dynamics and determinants of weapons prices through the quantitative analysis of illicit arms market price data in Lebanon for the period February 2011 to September 2012. The article also examines the relationship between arms and ammunition prices in Lebanon, and reported conflict fatalities in Syria, as the period under study overlapped with the onset of conflict in the latter country. Key results include strong, statistically-significant correlations between the prices of arms and the prices of ammunition in Lebanon, as well as between the prices of arms and ammunition in Lebanon and reported conflict fatalities in neighbouring Syria. These findings highlight the value of monitoring illicit arms market prices, including prices for a diverse range of weapons and ammunition, to improve our understanding of both illicit markets and conflict dynamics. The strong correlations observed in the article also suggest that crowdsourcing methodologies used by organisations monitoring killings during the Syrian conflict can effectively capture variations in conflict intensity over time.     

Cooperation Challenges for the Special Tribunal for Lebanon

While the Agreement between the United Nations and Lebanon providesa solid framework for cooperation between the Special Tribunaland Lebanon, Security Council Resolution 1757 (2007) is silenton the duty of third states to assist the Tribunal. As a result,the Special Tribunal will be confronted with a variety of obstaclesand problems in obtaining their cooperation, which may seriouslyhamper its functioning.     

伊朗制裁相关法律对航运业的影响及对策

伊朗是中东地区主要的贸易国之一,也是中国在中东重要贸易伙伴之一.然而由于伊朗违反联合国有关不扩散核武器的有关公约之规定,联合国、中国两岸四地、欧盟、美国都在不同程度上通过立法对伊朗实施制裁.在研究伊朗制裁相关法律的基础上,从法律分析和实务的角度,对一些与伊朗贸易有关的实际问题加以探讨.     

The Islamic Republic of Iran and the ICC

Like many states, Iran has an ambivalent position towards theStatute of the International Criminal Court (‘Statute’),ranging from enthusiastic support to open scepticism. On accountof its experience in the Iraq–Iran war, Iran is interestedin exploring the Court's jurisdiction over aggression and warcrimes; in addition, it sees the possible adoption of provisionson the crime of aggression as a tool against greater powers’domination. Major issues for Iran are, however, some of thepenalties provided for under Iranian criminal law, includingcapital punishment as well as whipping, stoning and the sectioningof limbs as well as the treatment of minorities and gender.Another problem may be the presence of non-Muslim Judges atthe Court, who, it is feared, may not be familiar with and sensitiveto Shari’a principles; in addition, under theologicalprinciples, Muslims may not be judged by non-Muslim Judges.This question paradoxically constitutes an incentive for Iranto consider ratification of the Statute. So far, Iran has signedbut not ratified the Statute. Studies are under way with a viewto presenting the Statute to Parliament for ratification. However,problems of conflict between some provisions of the Statuteand the principles of Shari’a law may arise if the Statuteis ratified.     

Reflections on the International Legality of the Special Tribunal for Lebanon

This article addresses legal problems posed by Security CouncilResolution 1757 of 30 May 2007, establishing the Special Tribunalfor Lebanon (‘STL’). After describing the historicalbackground of the resolution (section 1) and the plan to establishthe STL as a treaty-based institution (section 2), the paperturns to an analysis of Resolution 1757 (section 3). The authorquestions whether the Council intended to bring the Lebanon-UNagreement into force as an international treaty, and holds thatthe UN Charter does not give the Council a power to unilaterallyimpose on a member state an obligation in the form of a treaty.The author argues that in Resolution 1757 the Council did notsubstitute a Chapter VII decision for the missing ratificationof the agreement by Lebanon, but instead established the STLby making the provisions of the agreement negotiated with Lebanonan integral part of a Chapter VII resolution. Section 4 thenquestions whether the Council was entitled to procure Lebanon'sconsent to be bound by a treaty by threatening unilaterallyto put those provisions into effect through a Chapter VII resolution.After discussing certain rules of the law of treaties concerningthe coercion of a state, the author concludes that it is notthat law but the UN Charter itself that prohibits the Councilfrom exerting pressure on a member state in order to make thatstate ratify a treaty.     

Foreword

In this Foreword to a Symposium on the newly established SpecialTribunal for Lebanon (STL), the editor of the Symposium highlightsinnovations the STL offers, and challenges it may face to becomea viable institution. He queries whether the STL was intendedto be a cripple from birth. Acknowledging that the ICTY earlierproved expectations of its impotence wrong, the author nonethelessargues that the STL not only lacks some of the tools the ICTYenjoyed, but also faces two additional constraining social conditions:more highly attuned and wary potential defendants; and the verydoctrine that the ICTY and its peer tribunals have elaborated.The author argues that there is a danger that, in their zealto bring the perpetrators of the Hariri assassination to justice,the STL and its backers in the Security Council may damage thatvery doctrine, and damage the credibility of the enterpriseof international criminal justice. On the other hand, a cautious,professional STL could contribute significantly to that enterprise,by demonstrating the feasibility of a more streamlined criminalprocedure, by extending the technologies of international criminaljustice to crimes of terrorism, and by taking a small step towardsending the culture of impunity and violent dispute resolutionthat prevails in Lebanon.     

Shifting Interpretation in International Court of Justice’s Decision in the Islamic Republic of Iran v. United States of America: A Deliberate Step?

Iran and the United States (US) have resorted to the International Court of Justice (ICJ) on five occasions to settle their disputes. The latest dispute was initiated by Iran and pertains to US’s decision of withdrawal from the Joint Comprehensive Plan of Action (JCPOA) agreement and re-imposition of sanctions on Iran, including its nationals and companies. In this brief critique, the authors have analysed the preliminary objections and the ICJ’s approach in deciding the dispute. The authors have noticed that the ICJ digressed from its earlier decisions which involved the Treaty of Amity 1955 between Iran and the US. It is also to be noted that the ICJ has not substantiated its deviation with analytical observation. Also, it is opined that although the international adjudication lacks a system of precedent, it is the sacrosanct duty of the ICJ to establish a coherent jurisprudence in the interest of justice, which the ICJ has consciously neglected to achieve in this present dispute.

     

Parliamentary Consociationalism in Lebanon: Equal Citizenry vs. Quotated Confessionalism

This article sheds light on the governance dilemma in a deeply divided post-conflict Lebanese sectarian society undergoing democratic transition. It assesses consociational democracy as a working model institutionalised by Lebanon in light of the country's composition of multiple religious minorities. In particular, it focuses on the political forces shaping the current Lebanese National Assembly (parliament) within the confessional structure and analyses the prospect and impasses confronting the development of a stable and representative assembly. Analysis of the Lebanese parliament is made in light of five assessment areas identified as fundamental for the emergence of a stable democratic institution: political will and domestic support, representation, lawmaking, oversight, and management and infrastructure. After revealing the deep-rooted deficiency of quota-based confessional representation, the article provides institutional transitional reform recommendations that could increase the likelihood for the legislature to better fulfil the critical functions of representation, oversight, and lawmaking vital for democratic transition. The realisation of consociational democracy in Lebanon, the article argues, would require the eventual adoption of proportional representation as a means of moving the country from a ‘confessionally quotated’ to ‘equal citizenry’ based representation.     

Early Reflections on Local Perceptions, Legitimacy and Legacy of the Special Tribunal for Lebanon

Resolution 1757 (2007) has come into force in challenging circumstancesin terms of Lebanese politics. At the time of writing, Lebanon'sgovernment is at a deadlock between two political alliancesknown as March 8 and March 14. While the latter has welcomedthe Resolution, the former has expressed reservations aboutthe impact of the Resolution's passage on Lebanese sovereignty.Further challenges to the legitimacy of the Special Tribunalfor Lebanon (‘STL’) are posed by (1) Lebanon's historicalcontext including its 15-year war followed by selective impunity;(2) the highly selective nature of the jurisdiction of the STLand (3) the political context and fears that the STL itselfwill act as an instrument for foreign powers. This article suggeststhat the UN and STL can address some of these legitimacy challengesthrough their operations, including the transparent selectionof judges and senior officials; attracting funding from a varietyof states; and effective outreach. Above all, the STL shouldbe differentiated from the other Tribunals. It should be seenas the logical next step to the International Independent InvestigativeCommission. In addition, the STL should strive to leave a lastinglegacy in Lebanon and in the field of international criminallaw.     

The scourge of opiates: The illicit narcotics trade in the Islamic Republic of Iran

This study seeks to provide an overview of drug trafficking in Iran, particularly as it relates to the Iran–Afghan and Iran–Pakistan border regions. Data were obtained from a systematic review of the academic literature and from open sources, including media reports and official documents. The Iranian government is credited with dedicating substantial resources to combating the drug trafficking. Despite these efforts, Iran continues to be the most significant transit country for opium and heroin from Afghanistan. Several factors are identified that help to explain why Iran, despite its efforts, continues to play a central role in the international drug trade.     

The Bush Doctrine Revisited: The 2006 National Security Strategy of the USA

In its 2006 National Security Strategy, the USA reaffirms thecontroversial doctrine of pre-emptive self-defence as crucialin the "war on terror" proclaimed after the attacks of 9/11.But it does not provide a detailed examination of pre-emption.The questions left open in the 2002 US National Security Strategyas to what will trigger pre-emptive action, when action againstnon-State actors will be permissible and what degree of forcewill be proportionate in pre-emptive action are still unresolved.The promise that "The reasons for our actions will be clear,the force measured and the cause just" does not offer much inthe way of specific guidance. It is very striking that in thiscontext, the US strategy makes no reference to internationallaw or to the role of the UN Security Council. The other mainfocus of the strategy is on the "promotion of democracy", butit does not go so far as to assert any legal right to use forcefor this purpose, and it makes only passing reference to humanitarianintervention. The EU 2003 Security Strategy provides a markedcontrast in that it does not adopt the doctrine of pre-emptiveself-defence, does not expressly identify "rogue States" anddoes profess respect for international law and for the roleof the UN. Other States have not generally shown themselveswilling to accept a Bush doctrine of pre-emptive self-defence.They agree that there are new threats facing the world frominternational terrorists and the danger of proliferation ofweapons of mass destruction, but the 2005 World Summit showedclearly that there is no general acceptance of pre-emptive action.Moreover, the International Court of Justice still follows acautious approach to self-defence. The 2006 National SecurityStrategy largely reaffirms the doctrines of the earlier 2002Strategy, but whereas the focus in the 2002 Strategy was onthe threat posed by Iraq and North Korea; attention has nowshifted to Iran and Syria, accused of being State sponsors ofterror by Hizbollah and Al-Qaida. The article ends with a discussionof the recent conflict in Lebanon: this raised the crucial questionwhether the war on terror gave Israel a wide right to use force,even a pre-emptive right. The conflict highlights dramaticallythe practical significance of the divisions on the scope ofthe law of self-defence with regard to action against non-Stateactors, pre-emption and proportionality.     

《核不扩散条约》缔约国和平利用核能的权利探究——以伊朗为例

近来,伊朗所声称的和平利用核能的活动引起了国际社会的强烈反应。在国际原子能机构框架内解决该问题的努力失败后,该问题被移交到联合国安理会。安理会已三次通过决议要求伊朗停止铀浓缩,并逐步加强了对伊朗的制裁。由于伊朗享有核主权,并且这种核主权受到《核不扩散条约》的确认,所以伊朗和平利用核能的权利具有充分的法律依据。但是伊朗和平利用核能的权利应受到三点限制:第一,权利不得滥用原则的限制;第二,《保障协定》及其《附加议定书》的限制;第三,安理会决议的限制。     

Iranian methamphetamine and Turkey: an emerging transnational threat

Traditionally, Turkish security officials were engaged with state-level threats from Iran. Their primary concerns were export of revolutionary ideology, sponsorship of terrorism, proliferation of nuclear weapons and energy blackmail. In the recent years, however, the nature of the threat has changed and diversified. Non-state actors, mainly transnational crime syndicates, have begun to pose a significant threat to both Turkey and Iran. Iranian drug networks (IDNs) have become the primary actors in heroin and methamphetamine trafficking through Turkey. The IDN threat transcends the jurisdictions of the two states and casts a debilitating impact on the Asia-Pacific countries. Despite a plethora of enacted initiatives, high profits sustain large-scale trans-regional methamphetamine trafficking. Retail prices in the Asia-Pacific markets approach hundred-fold profits over the production costs of methamphetamine in Iran. In this context, Turkish law-enforcement agencies report increasing amounts of methamphetamine seizures since 2009. The upsurge in seizure quantities is coupled with an escalation of cases and arrests. This paper investigates dimensions of the methamphetamine threat in Turkey, profiles of the actors, shipment routes, and modus operandi of the trafficking syndicates. It provides insight into a non-traditional non-state threat coming out of Iran. The inferences are based on an analysis of 183 methamphetamine case files and 81 provincial questionnaires of the Department of Anti-Smuggling and Organized Crime (KOM).     

Cluster munitions: public health and international humanitarian law perspectives

As a result of civilian deaths in Vietnam, Cambodia, Laos, Chechnya, Kosovo, Afghanistan, Iraq and Lebanon, cluster munitions have been recognised to pose a grave threat to civilian populations because of their limited precision and problematically high rate of initial failure to explode. Efforts are intensifying to ban cluster munitions and to mandate those who have discharged them to defuse them effectively so as to reduce the risks to civilians. This editorial reviews these efforts and identifies a need for them to be actively supported by both the legal and medical communities.     

European legal history – a new field of research in Germany

John Austin's essay, ‘A Note on Interpretation’, appears in his Lectures on Jurisprudence or the Philosophy of Positive Law.¹ At the end of the essay is a note by Austin's wife, Sarah. The note states that the conclusion of the essay is missing. In this paper I argue that the conclusion of the essay appears 363 pages earlier as a fragment following Lecture XXXVII.     

Directly-Deliberative Polyarchy

This essay by Joshua Cohen and Charles Sabel promotes visions of democracy, constitutionalism and institutional innovations which may help to open up new dimensions in the search for legitimate European governance structures and their constitutionalisation. Faced with Europe's legitimacy problems, proponents of the European project often react by pointing to the many institutional failings in the (national) constitutional state. These reactions, however, seem simplistic, offering no normatively convincing alternatives to the once undisputed legitimacy of a now eroding nation state. The essay by Cohen and Sabel forecloses such strategies. Summarising and endorsing critiques of both the unfettered market system and the manner of its regulatory and political correction, it concludes that the many efforts to establish new equilibria between well-functioning markets and well-ordered political institutions are doomed to fail, and opts instead for fundamental change: conservative in their strict defence of fundamental democratic ideals, such ideas are radical in their search for new institutional arrangements which bring democratic values directly to bear. How is the concept of directly-deliberative polyarchy complementary to and reconcilable with our notions of democratic constiutionalism? To this question the readers of the essay will find many fascinating answers. Equally, however, how might the debate on the normative and practical dilemmas of the European system of governance profit from these deliberations? Which European problem might be resolved with the aid of the emerging and new direct forms of democracy identified in this essay? How might direct democracy interact with the intergovernmentalist and the functionalist elements of the EU system? Although this essay contains no certain answers to these European questions, its challenging messages will be understood in European debates.     

Methodological review of ‘the incidence and prevalence of woman abuse in Canadian university and college dating relationships: Preliminary results from a national survey,’ by Walter S. DeKeseredy and Katharine Kelly

This essay reviews and assesses the methods used to conduct the National Study of Woman Abuse in University and College Dating Relationship. Funded by Health and Welfare Canada, Walter S. DeKeseredy and Katharine Kelly surveyed 1,835 females and 1,307 males in a stratified multi-stage cluster sample enrolled in University and College courses across the country in 1992. This essay examines the sampling design, reported response rates, data collection methods and frequency estimates of the study carried out by these two researchers in conjunction with the Institute for Social Research at York University. It is noted that while there are certain methodological difficulties associated with the study, these are problems that any survey of this type might encounter. The review of the methods suggests that while perfect surveys are not possible, good surveys are. The essay concludes with the observation that this survey should be qualified as the latter.     

JOINT WORK PLAN 2003–2005

Between

The Bureau of the Convention on Wetlands (Ramsar, Iran, 1971) and the Secretariat of the Convention on the Conservation of Migratory Species of Wild Animals (CMS)

And Between

The Bureau of the Convention on Wetlands (Ramsar, Iran, 1971) and the Secretariat of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA)