Series:IIR - INTERNATIONAL LAW REFLECTIONS

Attack on the CEU in Hungary. Attack only on academic freedom?

Attack on the CEU in Hungary. Attack only on academic freedom?

Author(s): Tamás Lattmann / Language(s): English

Keywords: Central European University; Viktor Orbán; illiberal state;

In 2014, Hungarian prime minister Viktor Orbán has declared to build an “illiberal state” in Hungary, while constantly referring to leaders like Vladimir Putin in Russia or Recep Tayyip Erdogan in Turkey as examples. This has been seen by many as a gradual march toward authoritarianism. While this –and many other policies –have been heavily criticized by many ever since, these have gained a new momentum with the prime minister and his circles turning against the Central European University.

The Historically Essential Treaty on the Prohibition of Nuclear Weapons has been approved

Historicky významná Smlouva zakazující jaderné zbraně (Treaty on the Prohibition of Nuclear Weapons) byla schválena

Author(s): Miroslav Tůma / Language(s): Czech

Keywords: nuclear disarmament; Non-Proliferation treaty;

Catalonia at the crossroads. Or taking the wrong Direction?

Katalánsko na rozcestí. Nebo na scestí?

Author(s): Veronika Bílková / Language(s): Czech

Keywords: Carles Puigdemont; Catalan independence;

On Friday, October 27, 2017, the Autonomous Community of Catalonia advanced to the long-awaited and very dreadful declaration of independence from Spain. It did so by approving the Declaration of Independence published by Catalan Prime Minister Carles Puigdemont on 10 October, two weeks earlier, but the document remained aside and served as a tool of pressure on the Spanish government. Rubikon has now been exceeded, and the Catalan Parliament has formally accepted the declaration. This was a very tight majority of 70 votes in the 135-ballot institution (10 MPs voted against, two absent, the rest of the party not taking part in the protest). The result clearly shows that significant dividing lines are currently not only between Spain and Catalonia, but also inside Catalan society itself.The Catalan question is very complex. It has political, economic, social, historical, cultural, legal and emotional aspects. This reflection is further analyzed only by the penultimate category; therefore, it contemplates the legal aspects of the declaration of Catalan independence. When reading a reflection, it must be borne in mind that law (both national and international) is just one of the pieces of a complex mosaic that, although it has an effect on the resulting picture, does not determine it in itself. In the case of Catalonia, this is all the more true that the law leaves many issues concerning the emergence of new states and the secession of part of the state territory deliberately vague so as not to conclude the path of different political agreements.

Kurdistan and Catalonia as new states? Caught between sovereignty and peoples’ right to self-determination

Kurdistan and Catalonia as new states? Caught between sovereignty and peoples’ right to self-determination

Author(s): Tamás Lattmann / Language(s): English

Keywords: Separatism; nation-state; ethnic independence;

During recent weeks, two major referenda have taken place with serious ambition: to create new states by secession, one in Catalonia in Spain, one in the Kurdish territory in Iraq. The current analysis sheds light to the international legal background of similar situations and their possible consequence under the current legal-political circumstances.

« Hot potato » Carles Puigdemont

« Horký brambor » Carles Puigdemont

Author(s): Veronika Bílková / Language(s): Czech

Keywords: Carles Puigdemont;

The American President Donald Trump and “The Worst” Deal

The American President Donald Trump and “The Worst” Deal

Author(s): Miroslav Tůma / Language(s): English

Keywords: Iranian Nuclear Agreement Review Act; Donald Trump;

In May 2015, that is, a month before the agreement was negotiated, the Iranian Nuclear Agreement Review Act of 2015 (INARA) was approved by the Republican-led US Congress, and it required the President to periodically evaluate any agreement reached in the talks of the five permanent members of the UN Security Council, Germany and Iran to prevent the acquisition of nuclear weapons by the latter country. He was to give his opinion to Congress within a 90-day period enforced by law.On the basis of the above law, President Trump granted the required certification of Iran's compliance with the deal twice in the first half of 2017, i.e. in April and July. However, by the October 13 deadline, he still did not provide the expected third certification, leaving Congress to decide within a 60-day period on the US's further steps in relation to the deal. By failing to certify it, President Trump has not withdrawn from the agreement and has also not called Congress to resume the anti-nuclear sanctions, which would most likely lead to an end of the agreement. However, according to Suzanne Maloney, the Deputy Director of the Foreign Policy Program at the Brookings Institution, "that step undermines the legitimacy of the agreement, which may lead to its collapse."

The crime of aggression back on the scene

Zločin agrese znovu na scéně

Author(s): Veronika Bílková / Language(s): Czech

Keywords: International Criminal Court; ICJ;

Although there is consensus, since the post-war tribunals in Nuremberg and Tokyo, that the launch of the illegal war is one of the worst acts that can be committed, prosecution of the individuals responsible for this act, i.e. the so-called crime of aggression, is not possible on the international stage. It lacked not only the political will but also the definition of crime and also the body that would be competent to take charge of it. Over the last two decades, the situation has gradually changed. The International Criminal Court (MTS) was established in 1998, the definition of the crime of aggression was agreed in 2010, and finally, on December 14, 2017, MTS was given the opportunity to apply the definition and to prosecute on its basis. This is a significant shift, but it has significant limits that will undoubtedly affect its practical impact. This reflection first summarizes the development of efforts to prosecute the crime of aggression on an international level, and consequently represents some of the limits the current regime suffers.

A US Senate Supreme Statement Warrant to President's Permit to launch a Nuclear Assault

Varovné slyšení senátního výboru USA k prezidentově oprávnění zahájit jaderný útok

Author(s): Miroslav Tůma / Language(s): Czech

Keywords: Donald Trump; Nuclear strike;

Will it be possible to obtain the necessary international legal framework for achieving a world without nuclear weapons?

Podaří se získat potřebný mezinárodněprávní rámec pro dosažení světa bez jaderných zbraní?

Author(s): Miroslav Tůma / Language(s): Czech

Keywords: nuclear weapons; International law; security studies; peace and conflict; nuclear umbrella;

The paper discusses the prospects of achieving a world without nuclear weapons through a legal framework that would ban these weapons. It analyzes the significance and challenges of a resolution adopted by the UN General Assembly in 2016, which calls for a conference in 2017 to negotiate a legally binding instrument to prohibit nuclear weapons. The paper also examines the arguments of the supporters and opponents of the resolution, as well as the possible implications and effects of a nuclear ban treaty. The web page concludes that the resolution represents an important step towards fulfilling the disarmament obligations under the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and creating a new security order based on dialogue, equality, transparency and confidence-building measures.

Better Protection of the Rule of Law – Or of European Taxpayers’ Money

Better Protection of the Rule of Law – Or of European Taxpayers’ Money

Author(s): Tamás Lattmann / Language(s): English

Keywords: Rule of law; EU law; member states’ taxpayers’ money; Treaty on the Euro-pean Union (TEU);

The European Parliament has made a first decision about a new regulation, aiming for better protecting the rule of law in member states, by possibly employing financial sanctions in case of short-comings. This reflection explains the difference between the pro-posed procedure and already existing mechanisms, sheds light on the background of the new legislation and addresses some of the questions it may raise related to EU law, member state sovereignty and its possible effects.

Will outer space be weaponized?

Will outer space be weaponized?

Author(s): Miroslav Tůma / Language(s): English

Keywords: use of space; Earth’s orbit; weaponization of outer space; Missle Defense Review; International law;

This essay discusses the main elements of the American security document called the Missile Defense Review 2019, which was presented by the US Ministry of Defense in January 2019. It covers the possible reasons for the postponed publication of the document and informs about the main legal documents dealing with the peaceful use of space. It compares the current document with the similar one from 2010, which was published by the Obama administration. It also focuses on the possibility of the deployment of US space-based interceptors in the Earth’s orbit. In this context it analyses the possible negative consequences of such a development, especially that it could lead to the beginning of a phase of a high risk weaponizations of outer space and the start of an arms race in that domain.

Will the validity of the last US-Russia arms-control treaty, the new start treaty, be extended?

Will the validity of the last US-Russia arms-control treaty, the new start treaty, be extended?

Author(s): Miroslav Tůma / Language(s): English

Keywords: US-Russia arms-control treaty; START Treaty; US missile defense;

The official title of the New START Treaty is the Treaty between the United States of America and the Russian Federation on Measures for the further Reduction and Limitation of Strategic Offensive Arms. The ten-year validity of the Treaty with expire on February 5, 2021, though there is the possibility of its extension for a further five years. The key question is whether both participating countries will agree with the mentioned extension. If not, more than 90% of the nuclear weapons in their possession (out of the total number of ca. 13,900 weapons) will not be subject to any arms-control limitation for the first time since 1972.

The conference on the establishment of a Middle East Zone Free of Nuclear Weapons and Other Weapons of Mass Destruction

The conference on the establishment of a Middle East Zone Free of Nuclear Weapons and Other Weapons of Mass Destruction

Author(s): Miroslav Tůma / Language(s): English

Keywords: Middle East Zone Free of Nuclear Weapons and Other Weapons of Mass Destruction; security crisis;

The historically first session of the Conference on the Establishment of a Middle East Zone Free of Nuclear Weapons and Other Weapons of Mass Destruction was held on 18–22 November 2019 at the United Nations Headquarters in New York, pursuant to General Assembly decision 73/546. Twenty three Middle Eastern states, four observer states (Chína, France, Russia, and the United Kingdom), three relevant international organizations (the International Atomic Energy Agency, the Organisation for the Prohibition of Chemical Weapons and the Biological Weapons Convention Implementation Support Unit) and some other international organzations e.g. the LAS, the OIC and the EU, participated in the session, which was presided over by Jordanian Ambassador Sima Bahous. At the open sessions, non-governmental organizations took part as well. The United States and Israel declined the invitation to take part. In the conclusion of the conference, the participating states consensually approved the seven-point Political Declaration, which has a general and proclamatory character, and is an appendix to the Final Report (A/CONF.236/6).

Can the Possible Non-extension of the New START Treaty Influence the Strategic Stability in the Use of the Outer Space Domain?

Can the Possible Non-extension of the New START Treaty Influence the Strategic Stability in the Use of the Outer Space Domain?

Author(s): Miroslav Tůma / Language(s): English

Keywords: New START Treaty; The Outer Space Treaty; security situation; US-Russia security relations;

If Trump’s administration refuses the Russian President Vladimir Putin’s offer to extend the validity of the last US-Russian arms-control treaty – the New START Treaty – it could have many negative consequences. A lot of arms-control experts, including the former US and Russian Ministers of Foreign Affairs Madeleine Albright and Igor Ivanov, as mentioned in their February declaration, stressed their support of the Treaty’s extension. The New START Treaty, which restricts the number of deployed strategic nuclear weapons, will expire in February 2021 but its wording enables its extension for five years more. Concerns related to the negative consequences of non-extension of the Treaty include, among others, that there could be a suppression of the strategic stability in the use of the space domain as a result of the end of the Treaty’s complex and intrusive verification system. The potential demise of the Treaty would have various negative impacts; besides the end of notifications, the exchange of telemetric and information data, on-site inspections etc., in connection with this the Treaty’s non-extension would especially have an effect on the binding principle of mutual non-interference with the national technical means (NTMs) of verification of the other party.

Biden's Administration and Its Security Policy as Regards Nuclear Weapons

Biden's Administration and Its Security Policy as Regards Nuclear Weapons

Author(s): Miroslav Tůma / Language(s): English

Keywords: Joseph Biden; security policy; nuclear weapons; New START Treaty; Open Skies Treaty;

The reflection deals with possibilities of finding at solution to the main nuclear arms control and nonproliferation issues in the wider international context from the point of view of President Joe Biden's Democratic administration's declared new approach as regards security policy. The closing part pays attention to some matters which could complicate and/or halt the implementation of the planned steps. There is a certain hope that the new administration will assume a more cooperative stance as regards the reduction and elimination of nuclear weapons and other security matters. The process of the extension of the ten-year validity of the last arms control treaty, the US-Russia New START Treaty, for five more years has been launched successfully. The international community also expects, besides the continuation of the US-Russia arms control talks, the renewal of the US participation in the so-called Iranian nuclear deal (Joint Comprehensive Plan of Action, JCPOA) and the continuation of the dialog on denuclearization with the DPRK. The Biden administration's position as regards the historically important the 2017 Treaty on the Prohibition of Nuclear Weapons (TPNW), which entered into force at the beginning of this year, will be in the centre of attention due to the US intention to renew its leading position in the arms control and nonproliferation process. The supporters of the international measures to strengthen the trust and security within the Euro-Atlantic space would particularly welcome the renewal of the USA's membership in the international Open Skies Treaty (OST).

The Nuclear Arms Control and Disarmament Waiting

The Nuclear Arms Control and Disarmament Waiting

Author(s): Miroslav Tůma / Language(s): English

Keywords: Security policy; USA; Russia; Nuclear arms control; Jo Biden; North Korean nuclear and missile program; Iranian nuclear program;

The reflection deals with the current state of the nuclear arms control and disarmament process with a stressing on the role of the Biden administrationʼs security policy. The policy follows the Interim National Security Strategic Guidance (INSSG) of March 2021 till the summaries of the new relevant security documents, i.e. the National Defense Strategy (NDS) and the Nuclear Posture Review (NPR), will be published early next year. The reflection deals also with the US-Russia strategic dialogue, the current development in the effort to reach the Korean Peninsulaʼs denuclearization and the restoration of the US participation in the so-called Iranian nuclear deal (JCPOA). The final part of the reflection pays attention to some of the main factors of the USʼs internal and international policy that could influence the implementation of the declared intentions of the above mentioned security documents.

Can Anonymous Be Prosecuted? A Reflection Under International Law in the Framework of the Current Armed Conflict in Ukraine

Can Anonymous Be Prosecuted? A Reflection Under International Law in the Framework of the Current Armed Conflict in Ukraine

Author(s): Federica Cristani / Language(s): English

Keywords: International law; Armed conflict in Ukraine; Cyber-criminal law; Anonymous;

This reflection offers a concise analysis under national and international law of the cyber-operations carried out by Anonymous in the context of the ongoing armed conflict in Ukraine. It is highlighted that each one of the individuals acting as Anonymous is subject to the relevant national (cyber-criminal) law jurisdictions. Moreover, in the context of the war between Russia and Ukraine, they can be subject to the law of armed conflict. If their cyber-conduct amounts to “direct participation in hostilities”, they can even become targetable according to international humanitarian law. Also, when Anonymous directly participates in hostilities from a state that is not party to the armed conflict, the neutrality of non-belligerent countries can be challenged.

The present development in the nuclear arms control

The present development in the nuclear arms control

Author(s): Miroslav Tůma / Language(s): English

Keywords: nuclear arms control; security crisis; States-Parties to the Treaty on the Prohibition of Nuclear Weapons (TPNW); USA; Russia; Ukraine; New START;

The reflection highlights the need to increase the international nuclear disarmament, non-proliferation and arms control efforts, particularly in the wake of the security crisis development triggered by the war in Ukraine and Russian threats to use nuclear weapons. In this context, it examines the courses and results of two important conferences dealing with nuclear disarmament, non-proliferation of nuclear weapons and the peaceful use of nuclear energy, that were organized this year. These conferences were the first Meeting of the States-Parties of the Treaty on the Prohibition of Nuclear Weapons in Vienna in June and the 10th Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons, which took place in August at the UN Headquarters in New York. The conclusions contain some expected courses of action to reduce the risk of a nuclear war and a nuclear arms race.

International law with Chinese characteristics. The South China Sea Territorial Dispute

International law with Chinese characteristics. The South China Sea Territorial Dispute

Author(s): Sardor ALLAYAROV / Language(s): English

Keywords: South China Sea Territorial Dispute; International law; China; Geopolitics;

China actively participated in the drafting of the United Nations Convention on Law of the Sea (UNCLOS) and ratified it in 1996. The domestic legal system of China also contains a set of laws such as the Law on the Territorial Sea and Contiguous Zone (1992), and the Law on the Exclusive Economic Zone (EEZ) and the Continental Shelf (1998).

The crucial and fateful nuclear-arms dilemma

The crucial and fateful nuclear-arms dilemma

Author(s): Miroslav Tůma / Language(s): English

Keywords: Nuclear arms dilemma; AI and nuclear weapons; USA; Russia; Chinese nuclear capacity;

Nuclear weapons are an existential threat to humanity, as are the increasingly intense manifestation of climate change. The Reflection describes more broadly the main risk factors of this threat, including artificial intelligence (AI). In this context, it highlights the impasse which the US-Russian arms control process and strategic dialogue have reached as a result of their strained relations and the ongoing war in Ukraine. It also analyses the expected developments in the nuclear weapon field, taking into account the US Pentagon’s warning about the possible growth of China’s nuclear arsenal. In particular, it concludes by noting the main dilemmas for further development in this area: either the initiation of arms control and risk reduction negotiations by the major nuclear powers or the growing spiral of a costly and security-risk-laden nuclear arms race. The possibility of an ethical and moral commitment by the five permanent members of the UN Security Council, the so-called P5 (the US, Russia, China, France and the UK), to “responsible nuclear behaviour“, which is promoted by the US administration, appears as a temporary solution to this security crisis.