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.

The paper focuses on transnational human rights activism and its efforts to influence the human rights landscape in Egypt. It argues that the global human rights system has provided a space for resisting authoritarianism in Egypt and that its significance has grown amid the widespread restrictions on civil and political rights, as well as the forced or voluntary relocation of many human rights activists and political actors into exile. The paper further reveals that the extent of the Egyptian government’s response to pressures from transnational networks is shaped by domestic, regional, and international conditions and factors—including the impact of counter- discourses and strategies that enable authoritarian regimes to contain and weaken the effects of transnational networks. The paper draws on a diverse set of primary and secondary sources, including publications from international and local human rights organizations, government statements, and media reports, in addition to semi- structured interviews with a group of Egyptian human rights defenders.

​In this section you will find the most important documents on democratic change in the Arab world. In this issue, we publish documents highlighting the political movement in Tunisia demanding democracy and look at the main political changes in Sudan, Iraq and Jordan in March and April 2022.

This article aims to explain and review the theoretical and normative contexts of Transitional Justice (TJ). This is done as empirical studies or specific settings particularly in the Arab region need to be rooted much more in TJ theory. The article argues that data and statistics need to be used and evaluated and that there needs to be greater use of methodological processes including empirical studies. It is argued that at present, this is not always the case. Similarly, when models are presented or critiqued by practitioners, little regard is given to TJ theory, or the context within which those models operated. Therefore, it is difficult to see what lessons can be learnt for other places even where the context or circumstances are very similar.

International protection for internally displaced persons, who far exceed the number of refugees, has become a major issue in recent years. This is reflected in the international community's search for solutions, by providing them with internal humanitarian assistance so that they do not have to seek help beyond the borders of their states, affirming their right to remain in their country in security and dignity and not to become refugees. However, reality has shown that the international community's attention to the protection of internally displaced persons is not so much a humanitarian consideration as it is an inevitable consequence of state reservations to welcome refugees on their territory. European states in particular have attached urgency to protecting internally displaced persons arbitrarily to justify the closure of their borders to refugees.

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.

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.

Economic inequality is one of the most pressing issues in the twenty-first century, given that a small minority controls the global economy and most influential power. This has led to an escalation of political instability and a decrease in social inclusion, as evidenced by studies related to the Arab Spring and the ongoing turmoil in the MENA. This quantitative study investigates the effect of capital formation and the rate of return on capital on economic inequality in countries of the region. The results demonstrated that the factors used to measure the formation of capital, such as total domestic savings and total fixed capital formation, positively correlate with economic inequality - increasing the inequality gap. Conversely, factors used to measure the rate of return on capital, such as real interest and the interest rate on deposits, correspond negatively with economic inequality. When the interest rate on deposits increases, economic inequality decreases. It is necessary to review fiscal and monetary policies to reform taxes and benefits to increase their impact on equity and redistribution, and to avoid the impact of capital and power accumulation.

This study problematises the theoretical dialectic between the rule of law as a formal legal principle, and democracy as a political value. Taking a fundamental legal approach, the paper builds a concept of a constitutionalization democratic rule of law, through which it is possible to overcome the constant tension in democracy between the authority of the majority in deciding the law, and individual rights and freedoms. It concludes that the rule of law does not mean the rule of law over individual rights, and democracy does not mean the rule of the majority only, but that respect for individual rights and granting them a constitutional value are a prerequisite for constitutionalizing the principle of a democratic rule of law. However, the application of this principle, in practice, will be linked to the role of the constitutional judge in reconciling, through constitutional oversight, the power of the majority, which is embodied in the principle of the rule of law, and constitutional rights, which are the essence of the democratic principle.

There is no supranational authority that can solve international water disputes; thus, the UN Convention on the Law of the Non-Navigational Uses of International Watercourses (UN Watercourse Convention) may be the answer. However, as is shown in this article, when it comes to the Eastern Nile water dispute, namely between Egypt and Ethiopia, both sides can use different articles of the UN Watercourse Convention to support their legal arguments. As a result, there is little that the UN Watercourse Convention can offer to solve this dispute. This article summarizes the relevant articles of the UN Watercourse Convention and discusses the contentious, historical treaties that allocated the rights to the Nile River water over the past century. The paper also discusses how both Egypt and Ethiopia can use principles from the international water law to support their legal position rendering the dispute difficult to be solved legally. Thus, we turn to a discussion of the current state of the recent initiatives to solve the ongoing water dispute between the riparian countries in the Nile River Basin. The article concludes with the current state of dispute after the construction of the Grand Ethiopian Renaissance Dam on the Blue Nile.