Latest Articles

An increasing number of countries are turning to the International Court of Justice (ICJ) to resolve their water disputes. This is a positive development, as it allows the court to establish and improve standards for the use of waterways and help resolve conflicts related to water. The court's decisions reflect the tension between sovereignty and international law. Some decisions prioritize sovereignty and treaties, while others give more weight to moral principles and social theories. However, the court chose not to address water as a human right. This paper focuses on the ICJ''s role in developing a body of international water law and argues that the court still values sovereignty in its interpretation of laws, which often limits protections for the rights of non-state groups.

This study addresses the intricate issues posed by the State of Palestine's legislation concerning the redefinition of the Palestinian. Despite the fact that these laws seem to be regulatory for particular situations, they propose a fragmented and different definition of that which is proposed by the Palestine Liberation Organization (PLO) charters. One of its manifestations was the controversy surrounding who the Palestinian is during the postponed general elections of 2021. This contributed to the creation of the current practical framework for the legal text that categorizes Palestinians according to where they live; allowing one group to exercise their right to self-determination and not others. It also had an impact on how the definition of two concepts—the Palestinian and the right to self-determination—were altered, and the extent to which the effects of the legislation may impact the legal basis of the PLO. The PLO enjoys an international legal personality recognized by the international community as the sole representative of all Palestinians, regardless of their place of residence.

This study tries to demonstrate that the removal of the Gadhafi regime created new symbolic and political boundaries in Libya that go beyond the simplistic divide between those for the revolution and those against. These boundaries took on the guise of purity and impurity, honor and dishonor. They were also skillfully employed in the complex conflict for power that developed on the heels of the transition to the post-Gadhafi state. The author argues that the Gadhafi regime was highly personality based, and therefore the state also collapsed when the center collapsed. This fact left a set of local powerbrokers in its wake – from militias and revolutionary brigades to local councils, tribes, and local leaders, among them people with Islamist leanings, all of whom are competing for power and influence. The creation of these symbolic boundaries and their objective embodiment in the real world is likely to hinder the efforts of Libya to transform itself into a functioning and viable state.

Early in the transitional justice process during and after the Tunisian revolution, the need arose to develop a full-fledged legal framework guaranteeing the rights of victims and, at the same time, of perpetrators. However, no sooner was transitional justice legislation ratified than progress towards the objective faltered. In an atmosphere of partisan political turbulence, the legislation resulted in weak outcomes. This led to the conclusion that the foremost problem of transitional justice does not lie in an absence of political will as much as in the philosophy on which it is founded. This philosophy adheres to liberal democratic values in facing the painful past and restoring rights to victims of despotism – by stipulating a set of rights that put the victim and the executioner on the same footing, without the slightest consideration of the balance of power between them. Consequently, perpetrators and torturers tend to dodge justice and recognition of truth, equating reconciliation with accountability.

The Gulf Crises and Blockade of Qatar: Economic, Legal and Political Perspective

​This study provides an overview of development stages in post-conflict reconstruction since World War II. The authors attempt to summarize a set of lessons learned from accumulated experiences, which could then be used to better inform Arab decision-makers. The authors also call for an indigenous, Arab perspective, distinct from Western approaches, to post-conflict reconstruction policies. The first section in the study addresses the differences between the traditional definition of war and contemporary conflicts, focusing on how armed conflicts in the Arab region have caused vast levels of destruction requiring immense, cooperative efforts to aid in the post-conflict reconstruction. The paper goes on to explain the concepts and terminology which underpins post-conflict reconstruction and recovery, as well as the historical and analytical arc of the most significant milestones in the development of post-conflict reconstruction methodology.

This study discusses the evolution of transitional justice in Morocco, demonstrating how the work of the Equity and Reconciliation Commission established within the regime has remained subject to the constraints of Moroccan politics. The Commission was declared a success prematurely, but over time it became clear that the Moroccan model needed to be reevaluated. The study concludes that the idea of "justice to the extent possible" obstructed transitional justice. Not only did this slogan serve to obscure the full truth; it also provided insufficient impetus to continue pushing for broader institutional reform. Although Morocco has experienced something of a human rights revival in recent years, it still harbours pockets of "lawful" injustice, broadly signaling an absence of sovereign law.

Libyan crisis has been scrutinized through many analytical tools in order to understand its dynamics of escalation and ways to de-escalation, however, literature on the topic often focus on purely political and security variables. This study aims at tracing insights the political economy may provide to the crisis in Libya. First, some economic variables that give analytical significance to "Need" and "Greed" understandings has been presented, which confirms that they are not less important as compared to those brought from "Creed" and that a better understanding of the Libyan case as most of internal crises and conflicts requires that light being shed on political, social and economic interpretations alike. The study concludes that political economy understandings could be useful to de-escalation efforts through a package of measures.

This is the second section of a study examining the application of good governance in Egypt and Tunisia. The first section, published in issue 42 of the Siyasat Arabiya journal, provided an in-depth theoretical framework for assessing the dynamics of administering governmental affairs, establishing the prerequisites of effective governance, and combatting corruption. This second section argues that administrative corruption is an important obstacle to the quality of public services provided by central government in Egypt and Tunisia, despite various laws and codes calling for tackling corruption and corrupt individuals. This study recommends governmental decentralization; gradually permitting legislative bodies to review the work mechanisms of public administration; adopting organizational philosophies that can serve to improve the process of providing public services; and finally, activating e-government and information and communications technology to achieve more effective public administration operations and services provision and thereby contribute to expanding economic growth.

This paper analyzes the impact of the results of the legislative elections on the political process in Tunisia during the period from 2011 to 2021. It discusses the negative impact of the electoral system on the results of the legislative elections in general, and on the political process as a whole in particular. Due to the difficulty of the political parties that won first place in the legislative elections to obtain the required majority that enables them to bear responsibility for the political process alone during the parliamentary period. This created a state of parliamentary fragmentation that affected the Assembly of the Representatives of the People in three electoral cycles in 2011 , 2014 , and 2019 which led to the disruption of the legislative and electoral role of the Assembly, and the multiplicity and instability of governments. This paper also discusses proposals to amend the Tunisian Election and Referendum Law, which include a proposal to adopt an electoral threshold, and the impact of applying the electoral threshold on the representation of political parties in the Tunisian Assembly of People's Representatives, and on the political process.