International law and the regulation of violence : shifting perceptions of the legitimacy of the jus ad bellum?

International law’s capacity to influence state behaviour by regulating recourse to violence has been a longstanding source of debate among international lawyers and political scientists. On the one hand, sceptics assert that frequent violations of the prohibition on the use of force have rendered article 2(4) of the UN Charter redundant. They contend that national self-interest, rather than international law, is the key determinant of state behaviour regarding the use of force. On the other hand, defenders of article 2(4) argue first, that most states comply with the Charter framework, and second, that state rhetoric continues to acknowledge the existence of the jus ad bellum. In particular, the fact that violators go to considerable lengths to offer legal or factual justifications for their conduct – typically by relying on the right of self-defence – is advanced as evidence that the prohibition on the use of force retains legitimacy in the eyes of states. This paper identifies two potentially significant features of state practice since 2006 which may signal a shift in states’ perceptions of the normative authority of article 2(4). The first aspect is the recent failure by several states to offer explicit legal justifications for their use or force, or to report action taken in self-defence to the Security Council in accordance with Article 51. Four incidents linked to the global “war on terror” are examined here: Israeli airstrikes in Syria in 2007 and in Sudan in 2009, Turkey’s 2006-2008 incursions into northern Iraq, and Ethiopia’s 2006 intervention in Somalia. The second, more troubling feature is the international community’s apparent lack of concern over the legality of these incidents. Each use of force is difficult to reconcile with the strict requirements of the jus ad bellum; yet none attracted genuine legal scrutiny or debate among other states. While it is too early to conclude that these relatively minor incidents presage long term shifts in state practice, viewed together the two developments identified here suggest a possible downgrading of the role of international law in discussions over the use of force, at least in conflicts linked to the “war on terror”. This, in turn, may represent a declining perception of the normative authority of the jus ad bellum, and a concomitant admission of the limits of international law in regulating violence.

Is there an international obligation to prosecute pirates

Combating piracy at sea and apprehending pirates have been a long-standing problem for the global community. Increasing acts of piracy off the coast of Somalia have prompted the UN Security Council to intervene in the matter. The Council, through several resolutions, has authorised states to take action against Somali pirates in the territorial waters and land territory of Somalia and recently adopted a resolution urging all states to fully implement relevant international conventions in their domestic legal systems. However, despite the Security Council's intervention in the matter most states are still reluctant to prosecute Somali pirates in their domestic courts. Considering the most recent Security Council resolution and existing international law, this article examines whether there is an international obligation to criminalise piracy under domestic legal frameworks and to prosecute pirates in domestic courts. It submits that existing international law arguably imposes an obligation to prosecute pirates, at least in certain circumstances, and the recently adopted Security Council resolution reinforces this obligation.

Prosecution of maritime pirates : the national court is dead—long live the national court

Piracy is one of the main maritime security concerns in the contemporary world. The number of piracy incidents is increasing rapidly, which is highly problematic for maritime security. Although international law provides universal jurisdiction for the prosecution of maritime pirates, the actual number of prosecutions is alarmingly low compared to the number of incidents of piracy. Despite many states becoming parties to the relevant international conventions, they are reluctant to establish the necessary legal and institutional frameworks at the national level for the prosecution of pirates. The growing incidences of piracy and the consequential problems associated with prosecuting pirates have created doubts about the adequacy of the current international legal system, which is fully dependent on national courts for the prosecution of pirates. This article examines the possible ways for ensuring the effective prosecution of pirates. Contrary to the different proposals forwarded by researchers in the wake of Somali piracy for the establishment of international judicial institutions for the prosecution of pirates, this article argues that the operationalization of national courts through the proper implementation of relevant international legal instruments within domestic legal systems is the most viable solution. However, this article submits that the operationalization of national courts will not be very successful following the altruistic model of universal adjudicative jurisdiction. A state may enact legislation implementing universal jurisdiction but will not be very interested in prosecuting a pirate in its national court if it has no relation with the piratical incident. Rather, it will be successful if the global community seriously implement the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention), which obligates the states that have some connection with a piratical incident to prosecute pirates in their national courts.

Impact of African orography and the Indian summer monsoon on the low-level Somali jet

The low-level jet (LLJ) over the Indian region, which is most prominent during the monsoon (June-September) season, has been studied with a general circulation model (GCM). The role of African orography in modulating this jet is the focus of this article. The presence o African orography intensifies the cross-equatorial flow. Contrary to previous modelling Studies we find that cross-equatorial flow occurs even in the absence of African orography, though this flow is muc weaker even when the Indian monsoon rainfall is high. However, the location of the meridional jet near the equator in the Somali region is linked to the Indian monsoon rainfall rather than to the land-sea contrast over Somalia. Also, the presence of African orography, and not the strength of the Indian monsoon, controls the vertical extent of the equatorial meridional wind. In an aqua-planet simulation, the cross-equatorial flow occurs about 30 to the west of the rainfall maximum. Thus, the longitudinal location of the equatorial Somali jet depends upon the occurrence of monsoon heating, but the vertical structure of the jet is on account of the western boundary current in the atmosphere due to the East African highlands under the influence of monsoonal heat source.

Kumppanuus on tiiviimpää kuin yhteistyö : Maahanmuuttajataustaisten vanhempien näkemyksiä kasvatuskumppanuudesta

The main idea of this study was to find out how immigrants understand and define successful co-operation and professional partnership in early childhood education. Another target of this research was to think over how the parents see professional partnership from their viewpoint, and how willing / ready the they are in engaging in the professional partnership with the day care personnel. The theoretical part of this research is based on theories of immigration and theories of it s different forms, theories of cultural varieties and theory of modernizing co-operation through using professional partnership. Also guidelines and policies for day care and early childhood education play a part in the theory section. Theory part is written to support research problems. The research method used in this study is peer interview. The interviewed are both immigrants and customers of day care services. The data collected is comprised of materials from peer interviews and personal background information. The interviewed were of Somalia and Russian ethnic groups. Interview were carried out in each group in the participants own mother tongue. These peer interviews showed that parents were interested and willing to discuss professional partnership. From this research one can conclude that the term professional partnership is seen as a complex term, and as a term difficult to understand. From the results it is seen that quite often the principles of professional partnership are not carried out in practise. According to the material gathered, the parents feel that lack of common language and prejudice against immigrants effectively prevents the professional partnership from being formed. The cultural differences can become challenging in a professional partnership. Based on this research, one can conclude that when different cultures meet, there has to be mutual will to understand and to be understood in order to make sure that the children s development, both educational and physical, is supported in a best possible way.

Essays on Illegal Activities, Institutions and Economic Growth

In public economics, two extremist views on the functions of a government compete: one emphasizes government working for the public interest to provide value for the citizens, while another regards government mainly as a workhorse for private interests. Moreover, as the sole legitimate authority, the government has the right to define the rules and laws as well as to enforce them. With respect to regulation, two extremes arise: from too little regulation to too much of it. If the government does not function or ceases to exist, the state falls into anarchy or chaos (Somalia). If it regulates too much, it will completely suffocate private activities, which might be considered extralegal (the former Soviet Union). In this thesis I scrutinize the government s interventionist policies and evaluate the question of how to best promote economic well-being. The first two essays assume that the government s policies promote illegal activity. The first paper evaluates the interaction between the government and the mafia, and pays attention to the law enforcement of underground production. We show that the revenue-maximizing government will always monitor the shadow economy, as monitoring contributes to the government s revenue. In general, both legal and illegal firms are hurt by the entry of the mafia. It is, however, plausible that legal firms might benefit by the entry of the mafia if it competes with the government. The second paper tackles the issue of the measurement of the size of the shadow economy. To formulate policies it is essential to know what drives illegal economic activity; is it the tax burden, excess regulation, corruption or a weak legal environment? In this paper we propose an additional explanation for tax evasion and shadow production, namely cultural factors as manifested by religion as determinants of tax morality. According to our findings, Catholic and Protestant countries do not differ in their tax morale. The third paper contributes to the literature discussing the role of the government in promoting economic and productivity growth. Our main result is that, given the complex relationship between economic growth and economic freedom, marketization has not necessarily been beneficial in terms of growth. The last paper builds on traditional growth literature and revisits the debate on convergence clubs arising from demographic transition. We provide new evidence against the idea that countries within a club would converge over time. Instead, we propose that since the demographic transition is a dynamic process, one can expect countries to enter the last regime of stable, modern growth in stages.

Somali State Failure: Players, Incentives and Institutions

In Somalia the central government collapsed in 1991 and since then state failure became a widespread phenomenon and one of the greatest political and humanitarian problems facing the world in this century. Thus, the main objective of this research is to answer the following question: What went wrong? Most of the existing literature on the political economy of conflict starts from the assumption that state in Africa is predatory by nature. Unlike these studies, the present research, although it uses predation theory, starts from the social contract approach of state definition. Therefore, rather than contemplating actions and policies of the rulers alone, this approach allows us to deliberately bring the role of the society – as citizens – and other players into the analyses. In Chapter 1, after introducing the study, a simple principal-agent model will be developed to check the logical consistence of the argument and to make the identification of causal mechanism easier. I also identify three main actors in the process of state failure in Somalia: the Somali state, Somali society and the superpowers. In Chapter 2, so as to understand the incentives, preferences and constraints of each player in the state failure game, I in some depth analyse the evolution and structure of three central informal institutions: identity based patronage system of leadership, political tribalism, and the Cold War. These three institutions are considered as the rules of the game in the Somali state failure. Chapter 3 summarises the successive civilian governments’ achievements and failures (1960-69) concerning the main national goals, national unification and socio-economic development. Chapter 4 shows that the military regime, although it assumed power through extralegal means, served to some extent the developmental interest of the citizens in the first five years of its rule. Chapter 5 shows the process, and the factors involved, of the military regime’s self-transformation from being an agent for the developmental interests of the society to a predatory state that not only undermines the interests of the society but that also destroys the state itself. Chapter 6 addresses the process of disintegration of the post-colonial state of Somalia. The chapter shows how the regime’s merciless reactions to political ventures by power-seeking opposition leaders shattered the entire country and wrecked the state institutions. Chapter 7 concludes the study by summarising the main findings: due to the incentive structures generated by the informal institutions, the formal state institutions fell apart.

Current kinematics and dynamics of Africa and the East African Rift System

Although the East African Rift System (EARS) is an archetype continental rift, the forces driving its evolution remain debated. Some contend buoyancy forces arising from gravitational potential energy (GPE) gradients within the lithosphere drive rifting. Others argue for a major role of the diverging mantle flow associated with the African Superplume. Here we quantify the forces driving present-day continental rifting in East Africa by (1) solving the depth averaged 3-D force balance equations for 3-D deviatoric stress associated with GPE, (2) inverting for a stress field boundary condition that we interpret as originating from large-scale mantle tractions, (3) calculating dynamic velocities due to lithospheric buoyancy forces, lateral viscosity variations, and velocity boundary conditions, and (4) calculating dynamic velocities that result from the stress response of horizontal mantle tractions acting on a viscous lithosphere in Africa and surroundings. We find deviatoric stress associated with lithospheric GPE gradients are similar to 8-20 MPa in EARS, and the minimum deviatoric stress resulting from basal shear is similar to 1.6 MPa along the EARS. Our dynamic velocity calculations confirm that a force contribution from GPE gradients alone is sufficient to drive Nubia-Somalia divergence and that additional forcing from horizontal mantle tractions overestimates surface kinematics. Stresses from GPE gradients appear sufficient to sustain present-day rifting in East Africa; however, they are lower than the vertically integrated strength of the lithosphere along most of the EARS. This indicates additional processes are required to initiate rupture of continental lithosphere, but once it is initiated, lithospheric buoyancy forces are enough to maintain rifting.

SAMUDRA Report, No. 52, April 2009

Report: COFI Session-Securing small-scale fisheries; Statement-Contributing Significantly; Somalia: Pirate Fishing -Pirates or Saviours of the Coast?; Marine Protected Areas-Managing to Benefit; Mexico: Marine Reserves--Caught Up in Change; MPAs-Importance of Social Capital; MSC Ecolabels-Work Together for Community-based Fisheries; Netherlands: Inland Fisheries -A Management Fantasy?;Small Indigenous Species -Small is Nutritional; ICSF Resources- Information Updates

Length-weight relationship of fishes from Yemen waters (Gulf of Aden and Red Sea)

The data for this study were gathered between 1993 and 1996 on board commercial trawlers from Somalia, China and Yemen and also from the research vessel Ibn Magid belonging to the Marine Science and Resources Research Centre, Aden, Republic of Yemen. Fish were identified using the FAO species identification literature. All fish were measured to the nearest mm (total length) and weighed to the nearest g. Sex was determined by dissection after the length and weight had been measured. The length-weight relationships were calculated using least-squares regression on log-transformed data and the parameters of the relationship of the form of W=aL super(b) are summarized. Maximum and minimum size of fish sampled are also given. Common names and recent changes in nomenclature were taken from ICLARM's FishBase.

An account of fisheries development in the Republic of Djibouti with notes on the growth and mortality of three species of groupers

A brief description of fisheries development in Djibouti is given, with emphasis on the major constraints that have to date limited the increase of fishing effort. Estimates of L sub( infinity ) obtained through Wetherall plots are presented for three important demersal species caught off northern Somalia and landed in Djibouti: the groupers Cephalopholis sonnerati, Epinephelus chlorostigma and E. areolatus (Fam. Serranidae). These are combined with estimates of the growth performance index O' to calculate K values, subsequently used for the construction of length-converted catch curves. The estimate of mortality thus obtained suggests that these stocks are lightly fished.

Local solutions to challenges of West Indian Ocean fisheries development

The West Indian Ocean is rich in biodiversity and marine resources. This paper gives an overview of fisheries development and resource management in the region. There are many shared issues that must be addressed within countries and at the regional level. These are illustrated by examples from three countries. In Mozambique the issues of lack of information about artisanal fisheries, excessive harvesting of juveniles and conflicts between artisanal and commercial sectors are highlighted. Elements in addressing this include targeted research and decision-making support tools. The challenges faced in Somalia stem primarily from the political instability that contributed to an absence of sound fisheries policy. An example of a highly participatory process to develop the policy provides a model for other countries. In Tanzania, the issue of dynamite fishing was addressed by local communities initiating a program to promote wise use of the resources. There is a clear opportunity for better collaboration and greater integration of fisheries research and management on a regional basis. There is also much to be learnt by the sharing of experiences between countries. This has been initiated by some recently launched regional cooperation projects, but there are still many challenges facing this region.

A new deep-sea crab, genus Chaceon, from the Arabian Sea (Crustacea, Decapoda, Geryonidae)

The sixth nominal species of Chaceon to be recorded from the western Indian Ocean is named from a specimen collected off Somalia in 504-506 meters. Chaceon somaliensis, n. sp., resembles C. macphersoni (Manning and Holthuis, 1988) and differs from the other four species known from the area in having the dactylus of the walking legs dorsoventrally depressed. It differs from C. macphersoni in having slenderer legs, a smoother body, and a much deeper, evenly curved orbit.

The western Indian Ocean tuna fishery from 1980 to 1985: a summary of data collected by coastal states

Longliner and purse-seiner catch/effort statistics for tuna fisheries in the western Indian Ocean collected by Mozambique, Seychelles and Somalia are summarized. Although the data are not considered sufficient to indicate trends for the western Indian Ocean as a whole, an examination of data from the Seychelles EEZ shows that catch rates for yellowfin tuna declined consistently from 1982 to 1985, to about half their former levels. The data were processed by the FAO/Indo Pacific Tuna Development and Management Programme, Colombo, Sri Lanka.

The fisheries resources of Lake Nakivali

Lake Nakivali is one of the four small lakes that form what is known as the koki lake sysyem. It is 14km long,6km wide.26km sqaured in area and has maximum depth of 3.5m at high water level. The lake is located in lake-swamp complex with river Rwizi as the principle inflow, and a number of peripheral lakes among which are four major ones,i.e Lake Nakivali, Mburo, Kachira and Kijanebalola. Lake Nakivali is a controlled lake with four official landing sites, namely: Kikusi, Kahirimbi, Kashojwa and Rukinga. The latter three are located within a Refugee settlement whereas Kikusi is outside. The Nakivali Refugee settlement initially established for Rwandese of Tutsi origin in 1963, now has at least seven nationalities which include people from Rwanda, Democratic Republic of Congo, Somalia, Sudan, Ethiopia, Kenya and Eritrea. By the end of 2006, the lake’s hinterland of about 378 km squared contained 43,448 people of whom 22,448 were refugees. This large population has had stressful impacts on both land and lake resources to the extent that now there is an apparent overfishing on the lake.