Latest Articles

Establishing a genuine and effective system to settle disputes through ministerial conferences is an essential point of progress for developing countries. Such a system would mean these states– and Arab countries in particular – would defend their rights based on a legal rather than economic basis. This paper argues that developing countries’ inability to benefit fully from the advantages of a dispute settlement system poses an essential and fundamental problem. It shows how the World Trade Organization’s dispute settlement system has failed to become an effective tool in the hands of developing countries to repair imbalances resulting from unequal economic relations between countries. It then asks why developing countries – including Arab countries – have taken part in this system. It examines the root cause of this participation, asking wither it is due to subjective factors such as limited contribution in WTO or the lack of specialized national talents? Or objective obstacles that the system places before developing countries, especially in terms of long and demanding procedures, as well as the nature of the implementation process. The paper encourages a reconsideration of the system in order to keep it in line with the positions and potentials of developing countries. In its approach, this paper adopts analysis at two levels; the first looking into the outcome of the participation of developing countries in dispute settlement, and the second a reading of plans to reform the structures of the system.

Consociationalism is a system of government recommended for ‘divided societies’. Starting with a discussion of its theoretical components and criticisms it has received, this article addresses how consociationalism has been implemented in in post - 2003 Iraq. The article asks whether the Iraqi constitution and institutions formed by it represented a successful case of consociationalism. Key consociational mechanisms such as an electoral system based on proportional representation, governments based on big multi - party coalitions and a federal and decentralized governance were adopted. However, this model was not entirely consociational as some practices that are common in the majoritarian government have also been used. In fact, divisions between majoritarian and consociational perspectives have polarized, and sometimes paralyzed, the political process. In light of this, the article discusses the sustainability of the current model and its likely future trajectories.

​The 20 February movement was formed out of a defining moment in modern Moroccan political history, and forced the ruling regime to undertake a process to reform and give up some of its powers. This study takes a look at the path of the 20 February movement as it took shape in 2011. It looks at the defining role played by the group in the Arab Spring protests. It analyzes the components of the movement and the stages of its development and decline in addition to presenting factors that explain the potentials and setbacks it faced months after its beginning. These are related to the existing political and social opportunities in Morocco, in particular the nature of its political system, the position of main actors, as well as the regional and international atmosphere. The social framing of the movement and the limits of its ability to instigate a wide social movement among the poor and vulnerable social classes is also considered, as well as how the movement went about promoting its ideas, apart from the difficulties related to creating a common identity that can unite its contradicting components.

The concept of soft power continues to receive significant attention from researchers, relevant actors in the international community, and small and rising powers alike. This paper discusses the nature of soft power, how it works, how it can be employed, its effectiveness, and its limits. It critically engages with the existing literature on soft power and argues that soft power does not exist by itself, but rather is made. Accordingly, soft power is not just a strategy as is the case with smart power, nor it can be purchased in its raw form, as is the case with hard power, and it is not of unilateral negative nature, as is the case with sharp power. The paper asserts the need to distinguish between sources of soft power and its tools. It contends that soft power resources can be mobilized and directed towards the target using soft power tools. The paper aims to contribute to discussion of what soft power is and how it works; thus, it offers a theoretical framework on the working mechanism of soft power that takes into account using soft power against non-democratic systems: autocracy, totalitarian, or theocracy.

This article looks at Algeria's security policy in general and its security doctrine in particular, analysing its changes and dilemmas in a turbulent regional environment and in the context of an internal Hirak. It argues that these doctrines have undergone minor changes to meet regional security needs, which precludes fundamental change at this stage. It also argues that the tension between the moral-normative imperative and the security imperative, on the one hand, and the principle of dual non-interference (political and military), on the other, constitute two major dilemmas confronting Algerian politics and security doctrine. Starting from these two elements, the article, after setting out my concept of the subject, examines the formation and nature of Algerian politics, ideology, and transformations. It then looks at the constitutional decision on the participation of Algerian armed forces in international peacekeeping operations, analysing their context (domestic and foreign), their motives and justifications, and the reservations they face. Finally, it analyses Algeria's regional security strategy as an alternative to intervention. The article comes to three main conclusions. First, there is a limited adjustment to the issue of external interference depending on the needs of the security interest. Second, the end of the absolute refusal to use armed forces outside the borders. Third, it is likely that the tension between moral-normative and security considerations will escalate if the unrest continues within its geographical boundaries.

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.

Humanity has continued to develop expertise in addressing the environmental issue and to better understand extreme weather events such as droughts and increased desertification, often accompanied with political tensions and economic crises that have contributed to conflicts over natural resources, leading policymakers to re-think climate change and the drivers of armed conflict. In this regard, the study attempts to deconstruct the relatedness/unrelatedness of climate change and the drivers of conflict, focusing on international legal perspectives and methods to enable local communities develop own adaptation and resilience particularly in the African continent and the Arab region. Therefore, the study provides proposals that address climate vulnerability and adopt equitable access mechanisms as steps to reduce waves of displacement and avoid climate risks, conflicts, and insecurity.

Brazil is considered a rising power in the world order of the post-Cold War era, and some see it as an emerging middle power. Several motives and caveats drive Brazil’s stance vis-à-vis the Arab Spring revolutions. Brazil decided not to get involved in the affairs of the Arab world and carefully observed the internal developments in Arab countries and the role of some intervening foreign powers. It also reiterated that the West’s military intervention in the affairs of Arab countries is selective and causes more harm than good. Brazil’s reactions varied, as did its stances and ways of addressing the Arab revolutions. The paper explores and analyzes the conflicting Brazilian reactions and assesses the factors behind the different views. It also mentions some expected outcomes of the Brazilian stance and the possible repercussions on Brazil’s international role and economic interests in the Arab region.

The concept of soft power continues to receive significant attention from researchers, relevant actors in the international community, and small and rising powers alike. This paper discusses the nature of soft power, how it works, how it can be employed, its effectiveness, and its limits. It critically engages with the existing literature on soft power and argues that soft power does not exist by itself, but rather is made. Accordingly, soft power is not just a strategy as is the case with smart power, nor it can be purchased in its raw form, as is the case with hard power, and it is not of unilateral negative nature, as is the case with sharp power. The paper asserts the need to distinguish between sources of soft power and its tools. It contends that soft power resources can be mobilized and directed towards the target using soft power tools. The paper aims to contribute to discussion of what soft power is and how it works; thus, it offers a theoretical framework on the working mechanism of soft power that takes into account using soft power against non-democratic systems: autocracy, totalitarian, or theocracy.

This study examines the constitutional management of political transition in Algeria following the popular protests of February 2019 (the Hirak). After setting out the basic tenets of Transitional Constitutionalism, the study investigates the extent to which peaceful political change can be achieved through constitutional mechanisms or arrangements derived from inherited texts. In contrast to similar Arab cases, the Algerian experience was characterized by the adoption of a political plan to manage the transitional phase, based on constitutional measures derived from the texts in force. But it was not convincing for a large segment of the Hirak, who believed that these arrangements would restrict the path of change to reproduce the existing system at the expense of achieving peaceful political change. In this sense, managing the transitional political phase according to the applicable constitutional texts did not set a precedent. Rather, in Algeria, a kind of precedent was set in the restriction of the concept of constitutional solution to the literal requirements of the functional constitutional text, without partial constitutional amendments, nor a fundamental revision of the inherited legislative structure.