Search results for: diplomatic assurances
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 76

Search results for: diplomatic assurances

76 Diplomatic Assurances in International Law

Authors: William Thomas Worster

Abstract:

Diplomatic assurances issued by states declaring that they will not mistreat individuals returned to them occupy a strange middle ground between being legal and non-legal obligations. States assert that they are non-binding, yet at other times that they are binding. However, this assertion may not be the end of the discussion. The International Court of Justice and other tribunals have concluded that similar instruments were binding, states have disagreed that certain similar instruments were binding, and the Vienna Convention on the Law of Treaties and its travaux prépératoires do not appear to contemplate non-binding instruments. This paper is a case study of diplomatic assurances but, by necessity, touches on the delicate question of whether certain texts are treaties, promises, or non-binding political statements. International law, and law in general, requires a binary approach to obligation. All communications must be binding or not, even if the fit is not precise. Through this study, we will find that some of the obligations in certain assurances can be understood as legal and some not. We will attempt to state the current methodology for determining which obligations are legal under the law of treaties and law on binding unilateral promises. The paper begins with some background of the legal environment of diplomatic assurances and their use in cases of expulsion. The paper then turns to discuss the legal nature of diplomatic assurances, proceeding to address various possibilities for legal value as treaties and as binding unilateral statements. This paper will not examine the legal value of diplomatic assurances solely under customary international law other than the way in which customary international law might further refine the treaty definition. In order to identify whether any assurances are contained in legal acts, this study identifies a pool of relevant assurances and qualitatively analyzes whether any of those are contained in treaties or binding unilateral statements. To the author’s best knowledge, this study is the first large-scale, qualitative qualitative analysis of assurances as a group of instruments that accounts for their heterogenous nature. It is also the first study to identify the indicators of whether an instrument is a treaty or promise.

Keywords: diplomatic assurances, deportation, extradition, expulsion, non-refoulement, torture, persecution, death penalty, human rights, memorandum of understanding, promises, secret, monitoring, compliance, enforcement

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75 Using Unilateral Diplomatic Assurances to Evade Provisional Measures' Orders

Authors: William Thomas Worster

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This paper will highlight the failure of international adjudication to prevent a state from evading an order of provisional measures by simply issuing a diplomatic assurance to the court. This practice changes the positions of the litigants as equals before a court, prevents the court from inquiring into the reliability of the political pledge as it would with assurances from a state to an individual, and diminishes the court’s ability to control its own proceedings in the face of concerns over sovereignty. Both the European Court of Human Rights (ECtHR) and International Court of Justice (ICJ) will entertain these kinds of unilateral pledges, but they consider them differently when the declaration is made between states or between a state and an individual, and when made directly to the court. In short, diplomatic assurances issued between states or to individuals are usually considered not to be legally binding and are essentially questions of fact, but unilateral assurances issued directly to an international court are questions of law, and usually legally binding. At the same time, orders for provisional measures are now understood also to be legally binding, yet international courts will sometimes permit a state to substitute an assurance in place of an order for provisional measures. This emerging practice has brought the nature of a state as a sovereign capable of creating legal obligations into the forum of adjudication where the parties should have equality of arms and permitted states to create legal obligations that escape inquiry into the reliability of the outcome. While most recent practice has occurred at the ICJ in state-to-state litigation, there is some practice potentially extending the practice to human rights courts. Especially where the litigants are factually unequal – a state and an individual – this practice is problematic since states could more easily overcome factual failings in their pledges and evade the control of the court. Consider, for example, the potential for evading non-refoulement obligations by extending the current diplomatic assurances practice from the state-to-state context to the state-to-court context. The dual nature of assurances, as both legal and factual instruments, should be considered as addressed to distinct questions, each with its own considerations, and that we need to be more demanding about their precise legal and factual effects.

Keywords: unilateral, diplomacy, assurances, undertakings, provisional measures, interim measures

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74 Diplomatic Public Relations Techniques for Official Recognition of Palestine State in Europe

Authors: Bilgehan Gultekin, Tuba Gultekin

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Diplomatic public relations gives an ideal concept for recognition of palestine state in all over the europe. The first step of official recognition is approval of palestine state in international political organisations such as United Nations and Nato. So, diplomatic public relations provides a recognition process in communication scale. One of the aims of the study titled “Diplomatic Public Relations Techniques for Recognition of Palestine State in Europe” is to present some communication projects on diplomatic way. The study also aims at showing communication process at diplomatic level. The most important level of such kind of diplomacy is society based diplomacy. Moreover,The study provides a wider perspective that gives some creative diplomatic communication strategies for attracting society. To persuade the public for official recognition also is key element of this process. The study also finds new communication routes including persuasion techniques for society. All creative projects are supporting parts in original persuasive process of official recognition of Palestine.

Keywords: diplomatic public relations, diplomatic communication strategies, diplomatic communication, public relations

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73 China-Africa Diplomatic Discourse: Reconstructing the Principle of “Yi” as a Framework for Analyzing Sino-Africa Cooperation

Authors: Modestus Queen

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As we know, diplomatic languages carry the political ideology and cultural stance of the country. Knowing that China's diplomatic discourse is complicated and is heavily flavored with Chinese characteristics, one of the core goals of President Xi's administration is to properly tell the story of China. This cannot be done without proper translation or interpretation of major Chinese diplomatic concepts. Therefore, this research seeks to interpret the relevance of "Yi" as used in "Zhèngquè Yì Lì Guān". The author argues that it is not enough to translate a document but that it must be properly interpreted to portray it as political, economic, cultural and diplomatic relevant to the target audience, in this case, African people. The first finding in the current study indicates that literal translation is a bad strategy, especially in Chinese diplomatic discourses. The second finding indicates that "Yi" can be used as a framework to analyze Sino-Africa relations from economic, social and political perspectives, and the third finding indicates that "Yi" is the guiding principle of China's foreign policy towards Africa.

Keywords: Yi, justice, China-Africa, interpretation, diplomatic discourse, discourse reconstruction

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72 Contextualizing the Translation and Reconstruction of “Zhengqueyiliguan” in Promoting China-Africa Diplomatic Discourse

Authors: Queen Modestus

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China’s diplomatic discourse is a complicated system underpinned by divergent translations. As such, the concept of “Zhengque Yi Li Guan” (or zhèngquè Yì Lì Guān in Pinyin), like numerous other Chinese concepts, is not well appreciated due, mainly, to the dearth of a uniform official translation and poor interpretation. So, the paper seeks to draw awareness to this vital issue that has been neglected in the China-Africa diplomatic discourse. As a way of filling this gap in the literature, the author argues that literal translation is not enough in diplomatic discourse. To identify the English equivalent of “Zhenque,” “Yi,” “Li,” and “Guan,” searches of Chinese classical works were carried out. Based on the scope of this paper, emphasis will be placed on “Yi” because it plays a critical role in the “zhèngquèyìlìguān” concept and has been the term with the most controversial interpretation. From a diplomatic-linguistic standpoint coupled with the help of the Critical Discourse Analysis (CDA) developed by Norman Fairclough and Teun A. van Dijk as this paper’s theoretical framework, this paper seeks to address the above issue by exploring the philosophical translations and interpretations of ZqYLG in China-Africa diplomatic discourse, with emphasis place on the discourse reconstruction of “Yi.” As a way of reconstructing “Yi” to fit the present reality of China-Africa diplomatic discourse, the author argues that “justice” (meaning impartiality) is a better translation for “Yi.”

Keywords: Africa, diplomatic discourse, reconstruction, translation, 正确义利观, interests

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71 China's Aid to Latin America from the 1950s to 2020

Authors: Wanda Luen-Wun Siu, Xiaowen Zhang

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This paper adopted a retrospective review of China’s assistance to Latin America from the1950s to 2020. Findings suggested that China’s assistance to Latin America can be roughly divided into five stages: The 1950s to 1960s was the initial stage of China’s assistance to Latin America, mainly focusing on the establishment of diplomatic relations with Cuba and other Latin American countries. The strategy has a strong ideological basis. The 1980s was the stage of development of China's aid to Latin America, which was characterized by consolidating and expanding diplomatic space, emphasizing the spirit of cooperation of equality, mutual benefit, and common development. 90-20 marked the further development of diplomatic relations with Latin American countries, plus domestic market-oriented reforms, emphasizing the importance of economic considerations and less ideological orientation, and this period also witnessed more Chinese state-owned enterprises going out to invest in Latin America. 2010-2019 marked the further development of Latin American relations. This paper contributes to the literature of diplomacy and health assistance to Latin America and highlights the importance of foreign aid and health assistance in sealing bilateral diplomatic relations.

Keywords: aid, china, latin america, bilateral relations

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70 China's Health Diplomacy in Africa

Authors: Wanda Luen-Wun Siu, Xiaowen Zhang

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The outbreak of the COVID-19 epidemic has caused great difficulties for South-South cooperation, but there are also opportunities. China’s health diplomacy has changed from dispatching medical teams, assisting in the construction of hospitals, and encouraging medical investment in the Africa health sector. This paper adopted a retrospective review of China’s health diplomacy in Africa from 1963 to 2020. Findings suggested that China has a preference for aiding Africa health infrastructure and sending medical teams to African countries. China’s health diplomacy in Africa is a success and has established secure diplomatic relations with African countries, thanks to the medical and health assistance to Africa over 60 years. This research contributes to the literature of health diplomacy and foreign relations and indicates that China’s health aid has fostered cooperation at the medical and diplomatic levels.

Keywords: Africa, china’s health diplomacy, COVID-19, bilateral relations

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69 Official Seals on the Russian-Qing Treaties: Material Manifestations and Visual Enunciations

Authors: Ning Chia

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Each of the three different language texts (Manchu, Russian, and Latin) of the 1689 Treaty of Nerchinsk bore official seals from Imperial Russia and Qing China. These seals have received no academic attention, yet they can reveal a site of a layered and shared material, cultural, political, and diplomatic world of the time in Eastern Eurasia. The very different seal selections from both empires while ratifying the Treaty of Beijing in 1860 have obtained no scholarly advertency either; they can also explicate a tremendously changed relationship with visual and material manifestation. Exploring primary sources in Manchu, Russian, and Chinese languages as well as the images of the visual seals, this study investigates the reasons and purposes of utilizing official seals for the treaty agreement. A refreshed understanding of Russian-Qing diplomacy will be developed by pursuing the following aspects: (i) Analyzing the iconographic meanings of each seal insignia and unearthing a competitive, yet symbols-delivered and seal-generated, 'dialogue' between the two empires (ii) Contextualizing treaty seals within the historical seal cultures, and discovering how domestic seal system in each empire’s political institution developed into treaty-defined bilateral relations (iii) Expounding the seal confiding in each empire’s daily governing routines, and annotating the trust in the seal as a quested promise from the opponent negotiator to fulfill the treaty terms (iv) Contrasting the two seal traditions along two civilization-lines, Eastern vs. Western, and dissecting how the two styles of seal emblems affected the cross-cultural understanding or misunderstanding between the two empires (v) Comprehending the history-making events from the substantial resources such as the treaty seals, and grasping why the seals for the two treaties, so different in both visual design and symbolic value, were chosen in the two relationship eras (vi) Correlating the materialized seal 'expression' and the imperial worldviews based on each empire’s national/or power identity, and probing the seal-represented 'rule under the Heaven' assumption of China and Russian rising role in 'European-American imperialism … centered on East Asia' (Victor Shmagin, 2020). In conclusion, the impact of official seals on diplomatic treaties needs profound knowledge in seal history, insignia culture, and emblem belief to be able to comprehend. The official seals in both Imperial Russia and Qing China belonged to a particular statecraft art in a specific material and visual form. Once utilized in diplomatic treaties, the meticulously decorated and politically institutionalized seals were transformed from the determinant means for domestic administration and social control into the markers of an empire’s sovereign authority. Overlooked in historical practice, the insignia seal created a wire of 'visual contest' between the two rival powers. Through this material lens, the scholarly knowledge of the Russian-Qing diplomatic relationship will be significantly upgraded. Connecting Russian studies, Qing/Chinese studies, and Eurasian studies, this study also ties material culture, political culture, and diplomatic culture together. It promotes the study of official seals and emblem symbols in worldwide diplomatic history.

Keywords: Russia-Qing diplomatic relation, Treaty of Beijing (1860), Treaty of Nerchinsk (1689), Treaty seals

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68 Changing Landscape of International Law of Governance: ‘One Belt One Road Initiative’ as a Case Study

Authors: Tikumporn Rodkhunmuang

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The importance of ‘international law of governance’ is the means and end to deal with international affairs. This research paper seeks to first study the historical development of international law of governance from the classical period of the international legal framework of global governance until the contemporary period of its framework. Second, the international law of governance is extremely turning into the crucial point in its long history because of the changing of China's foreign policies towards ‘One Belt One Road Initiative’. Third, the proposing model of the existing international law of governance within Chinese characteristics will be the new rules and modalities of modern diplomacy and governed international affairs. Methodologically speaking, this research paper is conducting under mixed methods research, which are also included numerical analysis and theoretical considerations. As a result, this research paper is the critical point of the international legal framework of global governance that changing the diplomatic paradigm as well as turning China into a great-power in international politics. So, this research paper is useful for international legal scholars and diplomats for slightly changing their understanding of the rapidly changing their norms from western norms to the eastern norms of international law. Therefore, the outcome of the research is the modern model of China to make a diplomatic relationship with other countries in the global society.

Keywords: global governance, international law, landscape, one belt one road

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67 Media Diplomacy in the Age of Social Networks towards a Conceptual Framework for Understanding Diplomatic Cyber Engagement

Authors: Mohamamd Ayish

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This study addresses media diplomacy as an integral component of public diplomacy which emerged in the United States in the post-World War II era and found applications in other countries around the world. The study seeks to evolve a conceptual framework for understanding the practice of public diplomacy through social networks, often referred to as social engagement diplomacy. This form of diplomacy is considered far more ahead of the other two forms associated with both government controlled and independent media. The cases of the Voice of America Arabic Service and the 1977 CBS interviews with the late Egyptian President Anwar Sadat and Israeli Prime Minister Menachem Begin are cited in this study as reflecting the two traditional models. The new social engagement model sees public diplomacy as an act of communication that seeks to effect changes in target audiences through a process of persuasion shaped by discourse orientations and technological features. The proposed conceptual framework for social, diplomatic engagement draws on an open communication environment, an empowered audience, an interactive and symmetrical process of communication, multimedia-based flows of information, direct and credible feedback, distortion and high risk. The writer believes this study would be helpful in providing appropriate knowledge pertaining to our understanding of social diplomacy and furnishing concrete insights into how diplomats could harness virtual space to maximize their goals in the global environment.

Keywords: diplomacy, engagement, social, globalization

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66 Globalisation and Diplomacy: How Can Small States Improve the Practice of Diplomacy to Secure Their Foreign Policy Objectives?

Authors: H. M. Ross-McAlpine

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Much of what is written on diplomacy, globalization and the global economy addresses the changing nature of relationships between major powers. While the most dramatic and influential changes have resulted from these developing relationships the world is not, on deeper inspection, governed neatly by major powers. Due to advances in technology, the shifting balance of power and a changing geopolitical order, small states have the ability to exercise a greater influence than ever before. Increasingly interdependent and ever complex, our world is too delicate to be handled by a mighty few. The pressure of global change requires small states to adapt their diplomatic practices and diversify their strategic alliances and relationships. The nature and practice of diplomacy must be re-evaluated in light of the pressures resulting from globalization. This research examines: how small states can best secure their foreign policy objectives? Small state theory is used as a foundation for exploring the case study of New Zealand. The research draws on secondary sources to evaluate the existing theory in relation to modern practices of diplomacy. As New Zealand lacks the required economic and military power to play an active, influential role in international affairs what strategies are used to exert influence? Furthermore, New Zealand lies in a remote corner of the Pacific and is geographically isolated from its nearest neighbors how does this affect security and trade priorities? The findings note a significant shift since the 1970’s in New Zealand’s diplomatic relations. This shift is arguably a direct result of globalization, regionalism and a growing independence from the traditional bi-lateral relationships. The need to source predictable trade, investment and technology are an essential driving force for New Zealand’s diplomatic relations. A lack of hard power aligns New Zealand’s prosperity with a secure, rules-based international system that increases the likelihood of a stable and secure global order. New Zealand’s diplomacy and prosperity has been intrinsically reliant on its reputation. A vital component of New Zealand’s diplomacy is preserving a reputation for integrity and global responsibility. It is the use of this soft power that facilitates the influence that New Zealand enjoys on the world stage. To weave a comprehensive network of successful diplomatic relationships, New Zealand must maintain a reputation of international credibility. Globalization has substantially influenced the practice of diplomacy for New Zealand. The current world order places economic and military might in the hands of a few, subsequently requiring smaller states to use other means for securing their interests. There are clear strategies evident in New Zealand’s diplomacy practice that draw attention to how other smaller states might best secure their foreign policy objectives. While these findings are limited, as with all case study research, there is value in applying the findings to other small states struggling to secure their interests in the wake of rapid globalization.

Keywords: diplomacy, foreign policy, globalisation, small state

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65 Open Consent And Artificial Intelligence For Health Research in South Africa

Authors: Amy Gooden

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Various modes of consent have been utilized in health research, but open consent has not been explored in South Africa’s AI research context. Open consent entails the sharing of data without assurances of privacy and may be seen as an attempt to marry open science with informed consent. Because all potential uses of data are unknown, it has been questioned whether consent can be informed. Instead of trying to adapt existing modes of consent, why not adopt a new perspective? This is what open consent proposes and what this research will explore in AI health research in South Africa.

Keywords: artificial intelligence, consent, health, law, research, South Africa

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64 Korea and Japan Economic Relations: An Analysis through the World Trade Organization Panels

Authors: Caroline S. Dutra, Tatiana C. Squeff

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It is well known that the history between South Korea and Japan influences their international relations; thus, also encompassing their economic relations. In this sense, it is impossible to analyze the latter without understanding the development of the former, which is known for episodes of hostility, like on Japanese colonization, but also had moments of cultural and trade interexchange. Indeed, since 1965, with the establishment of diplomatic relations between both countries, their trade relations have improved, especially after both nations have signed the General Agreement on Tariffs and Trade (GATT). Thereafter, with the establishment of the World Trade Organization (WTO) in 1995, another chapter of their diplomatic and economic relations have been inaugurated. Hence, bearing in mind this history between both nations, this research intends to examine their relations through the analysis of the WTO panels they have engaged in between each other, which are, in chronological order, “DS323: Japan – Import Quotas on Dried Laver and Seasoned Laver”, “DS336: Japan - Countervailing Duties on Dynamic Random Access Memories from Korea”, “DS495: Korea - Import Band, and Testing and Certification Requirements for Radionuclides”, “DS553: Korea - Sunset Review of Anti-Dumping Duties on Stainless Steel Bars” and “DS571: Korea - Measures Affecting Trade in Commercial Vessels”. The objective of this case analysis is to point out what are the areas that are more conflictual between Japan and South Korea in regard to their economic relations so that it is possible to assert on their future (economic) relations and other possible outcomes. And in order to do so, bibliographic and documental research will be made, particularly those involving the WTO and the nations under consideration. Regarding the methods used, it is important to highlight that this is applied research in the field of international economic relations and international law, which follows a hypothetic-deductive model.

Keywords: international economic relations, Japan, South Korea, World Trade Organization

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63 Zhou Enlai’s Impact to the Foreign Folicy of China

Authors: Nazira B. Boldurukova

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The main aim of this article is to give the information about life and social and diplomatic work of Zhou Enlai, to prove his identity in his impact to the history of the world; to show his place in the organization of internal and foreign policy and in the peaceful international relationships of China with other countries.

Keywords: China, foreign policy of China, identity, politician, diplomacy, Zhou Enlai

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62 Potentials, Challenges And Prospects Of Halal Tourism Development In Ethiopia

Authors: Mohammed Jemal Ahmed

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Some anti-Islam attributes, such as alcoholism and voyeurism, have become de facto manifestations of the tourism sector. This eventually causes a paradoxical relationship between tourism and Islam. Hence, on the one hand, Islam inherently encourages Muslims to engage in tourism, the interest of Muslims to engage in tourism is steadily increasing. On the other hand, haram activities and products that are not allowed to Muslims as per the Islamic law and doctrine have surrounded tourism. Therefore, halal tourism has emerged as the best mediator to reconcile the conflicts between secular interests and religious values. Recent studies have confirmed that halal tourism is an emerging cultural phenomenon and secular rather than religious. The central aim of halal tourism is to have delighted customers irrespective of their religious and cultural backgrounds while promoting environmental conservation and social coexistence. This study appraises halal tourism development in Ethiopia from commercial, socio-cultural and diplomatic perspectives. Employing qualitative methodologies, the study, firstly, tried to clarify the existing terminological ambiguities between halal tourism and Islamic tourism and redefine both concepts. Then, it assessed perceptions of local communities and stakeholders towards halal tourism and identified halal tourism resources of Ethiopia. Accordingly, five clusters of halal visitor attractions and five potential halal tourism routes were identified and proposed. Furthermore, the comparative advantages of Ethiopia in terms of halal tourism development and potential barriers to halal tourism development in the country were rigorously appraised. The findings of this study reveal that halal tourism could inject hard currency into the national economy and create job opportunities for the locals. It could also support the mainstream tourism industry through product diversification and curving seasonality. Moreover, socially, halal tourism reinforces interreligious cohesion, relationship and coextensive in multi-religious, multicultural and multiethnic Ethiopia. Politically, it strengthens Ethiopia's foreign diplomatic relationship with the Islamic world and its near and distant neighbor Muslim Countries.

Keywords: halal-conscious travelers, halal tourism, Islamic tourism, tourism resources

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61 Exploring the Changing Foreign Policy of Singapore on China: New Ideas of Pragmatism and Hedging Strategy

Authors: Yibo Shao, Jiajie Liu

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This article uncovers the practice of pragmatism of Singaporean foreign policy by analyzing its foreign diplomatic behavior. It also points out the Singapore’s hedging strategy on the relations between China and American and how to balance these two greater powers in Southeast Asian. This paper used qualitative approach by reviewing literature and policy documents intensively to find out the responses to our research questions.

Keywords: hedging, pragmatism, Sino-Singapore relations, South China Sea

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60 Efficient and Timely Mutual Authentication Scheme for RFID Systems

Authors: Hesham A. El Zouka, Mustafa M. Hosni ka

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The Radio Frequency Identification (RFID) technology has a diverse base of applications, but it is also prone to security threats. There are different types of security attacks that limit the range of the RFID applications. For example, deploying the RFID networks in insecure environments could make the RFID system vulnerable to many types of attacks such as spoofing attack, location traceability attack, physical attack and many more. Therefore, security is often an important requirement for RFID systems. In this paper, RFID mutual authentication protocol is implemented based on mobile agent technology and timestamp, which are used to provide strong authentication and integrity assurances to both the RFID readers and their corresponding RFID tags. The integration of mobile agent technology and timestamp provides promising results towards achieving this goal and towards reducing the security threats in RFID systems.

Keywords: RFID, security, authentication protocols, privacy, agent-based architecture, time-stamp, digital signature

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59 Assessing India’s Foreign Policy Towards Afghanistan

Authors: Saifurahman Fayiz

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Afghanistan and India have close technical, political, economic, and diplomatic bilateral ties. The ties is not limited between the governments of the two countries, but their relationship are among the peoples. India is the best regional trustworthy partner and biggest donor for the development of Afghanistan. The objectives of this study to assess India’s foreign policy towards Afghanistan since 9\11. The research method conducted based on qualitative research method with descriptive. The research findings propose that; India should deal with and build up its strategy relations with neighbor countries.

Keywords: strategy, policy, India, Afghanistan

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58 The Evolution of Domestic Terrorism: Global Contemporary Models

Authors: Bret Brooks

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As the international community has focused their attention in recent times on international and transnational terrorism, many nations have ignored their own domestic terrorist groups. Domestic terrorism has significantly evolved over the last 15 years and as such nation states must adequately understand their own individual issues as well as the broader worldwide perspective. Contemporary models show that obtaining peace with domestic groups is not only the end goal, but also very obtainable. By evaluating modern examples and incorporating successful strategies, countries around the world have the ability to bring about a diplomatic resolution to domestic extremism and domestic terrorism.

Keywords: domestic, evolution, peace, terrorism

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57 Governmentality and the Norwegian Knowledge Promotion Reform

Authors: Christin Tønseth

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The Norwegian ‘knowledge promotion reform’ was implemented in elementary schools and upper secondary schools in 2006. The goal of the reform was that all pupils should develop basic skills and competencies in order to take an active part in the knowledge society. This paper discusses how governmentality as a management principle is demonstrated through the Norwegian ‘knowledge promotion reform’. Evaluation reports and political documents are the basis for the discussion. The ‘knowledge promotion reform’ was including quality assurance for schools, teachers, and students and the authorities retained control by using curricula and national tests. The reform promoted several intentions that were not reached. In light of governmentality, it seemed that thoughts and intentions by the authorities differed from those in the world of practice. The quality assurances did not motivate the practitioners to be self-governing. The relationship between the authorities and the implementation actors was weak, and the reform was, therefore, difficult to implement in practice.

Keywords: governance, governmentality, the Norwegian knowledge promotion reform, education, politics

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56 Exploring the Development of Inter-State Relations under the Mechanism of the Hirschman Effect: A Case Study of Malaysia-China Relations in a Political Crisis (2020-2022)

Authors: Zhao Xinlei

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In general, interstate relations are diverse and include economic, political, military, and diplomatic. Therefore, by analyzing the development of the relationship between Malaysia and China, we can better verify how the Hirschman effect works between small countries and great powers. This paper mainly adopts qualitative research methods and uses Malaysia's 2020-2022 political crisis as a specific case to verify the practice of the Hirschman effect between small and large countries. In particular, the interest groups in small countries that are closely related to trade with extraordinary abilities, as the primary beneficiaries in the development of trade between the two countries, although they may use their resources to a certain extent to influence the decisions of small countries towards great powers, they do not fundamentally determine the small countries' response to large countries. In this process, the relative power asymmetry between states plays a dominant role, as small states lack trust and suspicion in political diplomacy towards large states based on the perception of threat arising from the relative power asymmetry. When developing bilateral relations with large countries, small states seek practical cooperation to promote economic and trade development but become more cautious in their political ties to avoid being caught in power struggles between large states or being controlled by them. The case of Malaysia-China relations also illustrates that despite the ongoing political crisis in Malaysia, which saw the country go through the transition from (Perikatan Nasional) PN to (Barisan Nasional) BN, different governments have maintained a pragmatic and proactive economic policy towards China to reduce suspicion and mistrust between the two countries in political and diplomatic affairs, thereby enhancing cooperation and interactions between the two countries. At the same time, the Malaysian government is developing multi-dimensional foreign relations and actively participating in multilateral, regional organizations and platforms, such as those organized by the United States, to maintain a relative balance in the influence of the US and China on Malaysia.

Keywords: Hirschman effect, interest groups, Malaysia, China, bilateral relations

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55 Film Diplomacy: An Approach to International Relations

Authors: Lawrence Akande

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Despite the efforts of African countries' governments and the foreign countries' governments, there are cautions between the people of Africa and the people of other countries. The cautions are based on the ideology of misconception, which comes from the narratives about Africa and African people and narratives about other people also. The film is a medium of educating people about people from foreign countries they have never been to. Negative or misconceived narratives about a people will affect the relations between the peoples, despite the efforts of the government. Using pop-culture medium of film as a diplomatic tool will promote mutual understanding and respect.

Keywords: film diplomacy, international relations, narratives, Nollywood, partnership

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54 India-Afghanistan Relations Post 9\11

Authors: Saifurahman Fayiz

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Geo-strategically and geo-politically location of Afghanistan has endured the consideration of Indian government policy. Afghanistan has a durable and widespread economic, historical, military, and cultural relationship with India. Afghanistan has significant and durable bilateral relations with its neighbor India. India has enjoyed friendly relations with Afghanistan since 1947. After the collapse of the Taliban regime, India and Afghanistan started diplomatic relations. The relationship between the two countries was friendly and stable. The objective of this research is to study the India- Afghanistan relationship from 2001 to 2021 from different aspects. The research conducted a qualitative research method based on descriptive. The research findings propose that India should expand its soft power in Afghanistan, and India’s foreign policy in Afghanistan should be evaluated.

Keywords: relation, policy, soft power, sector

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53 Neo-Liberal Challenge - Apple in China

Authors: Mark McKeown

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Press articles opining on how China has become the West’s biggest threat have become so common as to feel like old news. Since the United States shifted diplomatic recognition from Taiwan to the People’s Republic of China in 1979 the relationship between the world’s two largest economies has been at best a brittle one. This coiled tension has grown as trade between the two countries snaked ever upwards. As a byproduct of globalization Apple have focused much of their production and assembly in China. This has left the U.S. Big Tech company with several challenges. This paper focusses on the tightrope Apple now has to traverse. The majority of the data and analysis within this paper is sourced from my current ongoing PhD research on the influence of Big Tech lobbying on U.S. foreign policy. One of the main conclusions from this analysis is Apple has to adopt a carefully nuanced strategy of appeasement to avoid friction, with both the governments of China and the United States.

Keywords: apple, China, Taiwan, war

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52 Railway Accidents: Using the Global Railway Accident Database and Evaluation for Risk Analysis

Authors: Mathias Linden, André Schneider, Harald F. O. von Korflesch

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The risk of train accidents is an ongoing concern for railway organizations, governments, insurance companies and other depended sectors. Safety technologies are installed to reduce and to prevent potential damages of train accidents. Since the budgetary for the safety of railway organizations is limited, it is necessary not only to achieve a high availability and high safety standard but also to be cost effective. Therefore, an economic assessment of safety technologies is fundamental to create an accurate risk analysis. In order to conduct an economical assessment of a railway safety technology and a quantification of the costs of the accident causes, the Global Railway Accident Database & Evaluation (GRADE) has been developed. The aim of this paper is to describe the structure of this accident database and to show how it can be used for risk analyses. A number of risk analysis methods, such as the probabilistic safety assessment method (PSA), was used to demonstrate this accident database’s different possibilities of risk analysis. In conclusion, it can be noted that these analyses would not be as accurate without GRADE. The information gathered in the accident database was not available in this way before. Our findings are relevant for railway operators, safety technology suppliers, assurances, governments and other concerned railway organizations.

Keywords: accident causes, accident costs, accident database, global railway accident database & evaluation, GRADE, probabilistic safety assessment, PSA, railway accidents, risk analysis

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51 Financial and Human Resources of Terrorism

Authors: Abdurrahman Karacabey

Abstract:

Threat paradigm has shifted throughout the history. Considering conjuncture of our time, a major threat for humanity is terrorism. Although variety of reasons are influential, financial, and human resources are the vital needs for terrorist groups. It is known that terrorism is a significant term while taking decisions in diplomatic, politic, and military issues. Even though the methods to provide resources for terrorism are quite similar, there are still some differences for deterrent terrorist groups being active in various regions of the globe. Due to social and psychological reasons activists have generally similar excuses to join terrorist groups.At the same time, terrorists’ fiscal activities to secure permanence of terrorism, occupy the politics of the countries. Besides, preventive actions are expensive creating huge burdens in host nation’s economy. This paper elaborates on how ISIS is providing human and economic resources, course of actions to overcome ISIS is on the agenda of all countries.

Keywords: financial resources, human resources, isis, terrorism

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50 Consumer Trust and Online Payment Options: Determinants of E-Commerce in the Least Developed Countries

Authors: Mohamed Muse Hassan

Abstract:

Selling through the Internet is changing the norms of doing business globally. Today, selling and buying from the Internet is not only an option but the dominant form of shopping. But, this phenomenon is not thriving in the developing countries, mainly in Africa. Therefore, although previous studies focused on the e-retailers’ side, this study investigates the effect of consumer trust and online payment options on the awareness and perception of e-commerce in Africa. We developed a five-construct model and empirically tested the model by targeting professionals and college students who reside in Somalia. We employed structural equation modeling (SEM) technique for path analysis to probe answers for the variables under study. The main findings of the study show that there is significant evidence that online payment option impacts both the awareness level and perception of e-commerce in Somalia. Consumer trust was also found to determine both the awareness and perception of online shopping in the country. Moreover, the current global payment options available ignore local technologies popular in Africa. For example, the inclusion of a mobile payment option alone would make a big difference in Africa. The paper also determined that consumer trust toward online retailers is very low and this can be solved if consumers are given assurances for their financial transactions. The paper concludes that increased online payment options are needed in Somalia and, in Africa, in general. Limitations and further research suggestions are also included at the end of this paper.

Keywords: Africa, consumer trust, e-commerce, online payment

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49 Ideological Stance in Political Discourse: A Transitivity Analysis of Nawaz Sharif's Address at 71st UN Assembly

Authors: A. Nawaz

Abstract:

The present study uses Halliday’s transitivity model to analyze and interpret ideological stance in PM Nawaz Sharif’s political discourse. His famous speech at the 71st UN assembly was analyzed qualitatively using clausal analysis approach to investigate the communicative functions of the linguistic choices made in the address. The study discovers that among the six process types under the transitivity model, material, relational and mental processes appear most frequently in the speech, making up almost 86% of the whole. Verbal processes rank 4th, whereas existential and behavioral are the least occurring processes covering only 2 and 1 percent respectively. The dominant use of material processes suggests that Nawaz Sharif and his government are the main actors working on several concrete projects to produce a sense of developmental progression and continuity. Using relational and mental processes the PM, along with establishing proximity with masses and especially Kashmiri, gives guarantees and promises. The linguistic analysis concludes Kashmir dispute as being the central theme of the address, since it covers more than half of the discourse. The address calls for a strong action instead of formal assurances and wishful thoughts. The study establishes that language structures can yield certain connotations and ideologies which are not overt for readers. This is in affirmation to the supposition that language form performs a communicative function and is not merely fortuitous.

Keywords: Hallidian perspective on language, implicit meanings, Nawaz Sharif, political ideologies, political speeches, transitivity, UN Assembly

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48 Breaching Treaty Obligations of the Rome Statute of the International Criminal Court: The Case of South Africa

Authors: David Abrahams

Abstract:

In October 2016 South Africa deposited its ‘instrument of withdrawal’ from the Rome Statute of the International Criminal Court, with the Secretary-General of the United Nations. The Rome Statute is the founding document of the treaty-based International Criminal Court (ICC). The ICC has jurisdiction to hear cases where crimes against humanity, war crimes and genocide have been committed, on the basis of individual criminal responsibility. It is therefore not surprising that one of the ICCs mandates is to ensure that the sufferings, due to gross human rights violations towards the civilian population is, in principle, brought to an end by punishing those individuals responsible, thus providing justice to the victims. The ICC is unable to effectively fulfill its mandate and thus depends, in part on the willingness of states to assist the Court in its functions. This requires states to ratify the Statute and to domesticate its provisions, depending on whether it is a monist or dualist state. South Africa ratified the Statute in November 2000, and domesticated the Statute in 2002 by virtue of the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002. South Africa thus remains under an obligation to cooperate with the ICC until the final date of withdrawal, which is October 2017. An AU Summit was hosted by South Africa during June 2015. Omar Al-Bashir, whom the prosecutor of the ICC has indicted on two separate occasions, was invited to the summit. South Africa made an agreement with the AU that it will honour its obligations in terms of its Diplomatic and Immunities Privileges Act of 2001, by granting immunity to all heads of state, including that of Sudan. This decision by South Africa has raised a plethora of questions regarding the status and hierarchy of international laws versus regional laws versus domestic laws. In particular, this paper explores whether a state’s international law treaty obligations may be suspended in favour of, firstly, regional peace (thus safeguarding the security of the civilian population against further atrocities and other gross violations of human rights), and secondly, head of state immunity. This paper also reflects on the effectiveness of the trias politca in South Africa in relation the manner in which South African courts have confirmed South Africa’s failure in fulfilling its obligations in terms of the Rome Statute. A secondary question which will also be explored, is whether the Rome Statute is currently an effective tool in dealing with gross violations of human rights, particularly in a regional African context, given the desire by a number of African states currently party to the Statute, to engage in a mass exodus from the Statute. Finally, the paper concludes with a proposal that there can be no justice for victims of gross human rights violations unless states are serious in playing an instrumental role in bringing an end to impunity in Africa, and that withdrawing from the ICC without an alternative, effective system in place, will simply perpetuate impunity.

Keywords: African Union, diplomatic immunity, impunity, international criminal court, South Africa

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47 Teaching Legal English in Russia: Traditions and Problems

Authors: Irina A. Martynenko, Viktoriia V. Pikalova

Abstract:

At the moment, there are more than a thousand law schools in Russia. The program of preparation in each of them without exception includes English language course. It is believed that lawyers in Russia are best trained at the MGIMO University, the All-Russian State University of Justice, Kutafin Moscow State Law University, Peoples’ Friendship University of Russia, Lomonosov Moscow State University, St. Petersburg State University, Diplomatic Academy of Russian Foreign Ministry and some others. Currently, the overwhelming majority of universities operate using the two-level system of education: bachelor's plus master's degree. Foreign languages are taught at both levels. The main example of consideration used throughout this paper is Kutafin Moscow State Law University being one of the best law schools in the country. The article examines traditions of teaching legal English in Russia and highlights problem arising in this process. The authors suggest ways of solving them in the scope of modern views and practice of teaching English for specific purposes.

Keywords: Kutafin Moscow State Law University, legal English, Russia, teaching

Procedia PDF Downloads 191