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Siyasat Arabiya is a bi-monthly peer reviewed academic journal published by the Arab Center for Research and Policy Studies and the Doha Institute for Graduate Studies (ISSN 2307-1583/E-ISSN 2789-326X) dedicated to political science, international relations, and strategic affairs.
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2023-05-01
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.
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The State of International Law and Global Governance during Globalization
2014-05-01
Qatar is on a path to ever widening global production and trade, its networks today including the entire global market. This paper discusses how the economy is no longer governed by the system of the nation-state alone, as new types of actors in the economic field appear. The private sector has gained the primary role in fields of production, marketing, and global competition, causing some theorists to say that globalization has put the state’s role in the shadow of globalization, predicting an end to the state. Others, however, say that though it has removed restrictions and barriers on the flow of goods, capital, labor, values and cultures, globalization does not toll the demise of the role of the state as much as it promotes the role of national authority in the management of economic, social, civil, cultural, and scientific activities. The general global trend toward the international reality of gradual global institutionalization allows the overcoming of barriers and other enormous challenges that lie ahead. This study discusses a number of issues related to globalization and the opening of old borders, it reviews the trend toward institutionalization of international action on issues such as terrorism, war, and environmental crimes, as international law has taken a step forward to develop mechanisms of judicial action
Transitional justice in Libya is the key to stability of state and society. Under the previous regime, many Libyans' rights were violated. The regime's collapse only exacerbated these violations, in addition to bringing about the country's social and cultural disintegration. The very exceptional nature of the Libyan state complicated efforts to establish a transitional justice system in post-revolution Libya. Successive governments since the revolution have failed to exercise control over security. This paper deals with transitional justice in three sections. The first reviews Libyan legislation since the 17 February 2011 revolution. The second analyzes reasons for the failure of legislative efforts to implement an integrated program of transitional justice. The third outlines short- and medium-term requirements for implementing a transitional justice program.
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Faltering Steps of Transitional Justice and the Fragility of Democratic Transition in Morocco
2020-11-01
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.
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The Transitional Justice Predicament in Tunisia Between Complications and Challenges
2020-11-01
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.
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The Dual Functionality of Constitutional Judiciary in Authoritarian Regimes and the Palestinian Experience
2023-11-01
What motivates an authoritarian system, or more precisely, its leadership, which tailors legislation to its needs, violates it at will, usurps powers and combines them as it wishes, to support the existence of a seemingly "formal" independent judiciary? Moreover, how does it allow this judiciary to challenge it by limiting its authorities and narrowing its interests? The study revisits this perennial yet contemporary question, employing the Palestinian experience as a case study. It adopts a comprehensive analytical approach, examining the orientations of the Palestinian Constitutional Judiciary (PCJ), represented by the Supreme Constitutional Court and its predecessor, the Supreme Court as a temporary constitutional court, over two decades (2002 - 2022). The study originated from the assumption that the PCJ undertakes a "dual function" akin to experiences observed in authoritarian regimes, where there is a propensity for the existence of a judiciary that allows the sacrifice of some of its non-essential interests. This sacrifice is made in exchange for its utilization in legitimizing the regime and/or reassuring investors and/or controlling the administrative apparatus. However, the study concluded that the sole central and substantive interest is the support of the alleged legitimacy of the regime, and there is no corresponding sacrifice of non- essential interests. Instead, there is an abandonment of human rights.
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Latin America's Truth Committees: A Comparative Study of Institutional Dynamics and Politics of Memory
2020-05-01
This paper seeks to uncover the roles played by truth commissions in Latin America in establishing transitional justice, in a comparative study that draws upon three main experiences: Argentina, Chile, and Peru. It highlights the contexts that allowed these experiences to adhere to the democratic transformation and absorb its complexities, by questioning the dynamics that accompanied the establishment of truth commissions, and identifying the roles of actors in managing tension between the demands of victims and the requirements of reconciliation and civil peace. The paper demonstrates that the establishment of truth commissions was linked to the nature of the challenges faced by Latin countries undergoing democratization and transcending the legacy of previous violations. Inasmuch as these challenges reduced the crisis of legitimacy that ravaged these systems and led them to engage in this transformation, they also highlighted the potential that these committees have provided for actors to manage the sequence of this shift.
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Dynastic International Relations: Understanding Race and the Crisis of Liberal Order Through Ibn Khaldun
2026-03-01
This paper offers insights into the Crisis of Liberal International Order by combining Ibn Khaldun's theory of change with scholarship on liberalism and race. We argue that the crisis emerges from the incongruence of two features of liberal order: a binding feature (or 'assabiyya) of white supremacy and liberalism's principles of equality. The crisis is an outcome of a normative political order that can no longer balance a material and discursive reality of racialised hierarchy with ideals of equality. The crisis cannot be reduced to bad leadership or a technical failure to enact liberal values. Instead, attempts to think beyond the crisis must acknowledge the incongruence between white supremacy and liberal equality. Through this diagnosis, we gesture towards the constructive use of "non-Western" theory in the discipline of International Relations.
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The Dialectic of Determining the Priority of Night-Watchman State or International Responsibility in Achieving Solidarity an
2016-05-01
The changing structure of International Law has always been a contentious issue because of the analytical and practical contradictions imposed by the concept of Solidarity whether its international or humanitarian sense.
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The Refugees Crisis in the Arab World and its Internal and External Outcomes
2016-05-01
This paper discusses the escalation of the refugee crisis following the revolutions of the Arab Spring, which triggered a mass exodus of people fleeing the countries witnessing revolution, including Syria.