Wednesday, August 1, 2018

the doctrine of margin of appreciation entail


The doctrine allows the Court to reconcile practical differences in implementing the articles of the Convention. Such differences create a limited right, for Contracting Parties, "to derogate from the obligations laid down in the Convention". The doctrine also reinforces the role of the European Convention, as a supervisory framework for human rights. In applying this discretion, European Court judges must take into account differences between domestic laws of the Contracting States as they relate to substance and procedure. The margin of appreciation doctrine contains concepts that are analogous to the principle of subsidiarity, which occurs in the unrelated field of European Union law. The purpose of the margin of appreciation is to balance individual rights with national interests, as well as resolve any potential conflicts.
The doctrine of the “margin of appreciation" plays a fundamental role in the smooth functioning of the organs and institutions of Contracting States and Strasbourg. Given that Contracting States possess different legal and cultural traditions, it is inevitable that States shall occasionally view the application of their EHCR obligations differently. These differences have the potential to result in confrontations between the Strasbourg Court and a Contracting State. Whilst that is the case, the Strasbourg Court is not only obliged to interpret the ECHR, but is also obliged to respect the sovereignty of a Contracting State. The doctrine of the “margin of appreciation" provides the Strasbourg Court with the means by which to permit national authorities to enjoy the freedom to apply the Convention in accordance with their own unique legal and cultural traditions without flouting the ultimate objective and purpose of the Convention.

the essence of the proportionality test


Generally, the proportionality test has two internal functions for the Strasbourg judges: (1) strike fair balance between/among the competing interests; (2) testing on the reasonableness and appropriateness between the measures employed and aim pursued. In the first category, the primary task of the Court is to protect the scope of “essence” of the Convention rights from the interference of collective goods relying on the interest-based rights theory. Beyond this scope, the Court would have to balance the interests explicitly incorporated into the Convention rights as well as the external collective goods claimed by the state authorities.

What are derogations to human rights treaties?


States have a right to derogate from certain obligations in order to deal with public emergencies. When a state finds itself in a state of emergency, some civil-political human rights may be temporarily restricted (“derogation”, Article 4, ICCPR). However, a state of emergency always has to be officially declared and accounted for, and has to be limited in time. Some human rights like the prohibition of torture cannot be derogated under any circumstances. All other human rights treaties do not allow the temporary derogation of particular rights in a state of emergency.

What are reservations, declarations and denunciations of human rights treaties?


A reservation is a declaration made by a state by which it purports to exclude or alter the legal effect of certain provisions of the treaty in their application to that state. A reservation enables a state to accept a multilateral treaty as a whole by giving it the possibility not to apply certain provisions with which it does not want to comply. Reservations can be made when the treaty is signed, ratified, accepted, approved or acceded to. Reservations must not be incompatible with the object and the purpose of the treaty. Furthermore, a treaty might prohibit reservations or only allow for certain reservations to be made.
Denunciations, if a treaty explicitly permits it, as does for example article 52 of the International Convention on Children Rights. However, the International Covenant on Civil and Political Rights (ICCPR), its Second Optional Protocol, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of all Forms of Discrimination against Women and the International Convention Disappearance do not permit a denunciation of the treaty. Regarding the ICCPR, this was confirmed by the Human Rights Committee in its General Comment No. 26 on the continuity of obligations from 1997. Before, the committee had already declined North Korea’s denunciation and Jamaica’s denunciation from the Second Optional Protocol to the ICCPR.

Which human rights system allows actio popularis application?


Actio pupolaris presents in itself a collective complaint procedure. It is possible to be done under European Social Charter through the Committee of Social Rights as well as under Inter-American and African regional human rights systems.
Under the European Social Charter, because of their collective nature, complaints may only raise questions concerning non-compliance of a State’s law or practice with one of the provisions of the Charter. Individual situations may not be submitted. In the light of this, complaints may be lodged without domestic remedies having been exhausted and without the claimant organisation necessarily being a victim of the relevant violation.

positive and negative human rights obligations of states


Positive obligations in human rights law denote a State's obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rights violations.
Classical human rights, such as the right to life or freedom of expression, are formulated or understood as prohibitions for the State to act in a way that would violate these rights. Thus, they would imply an obligation for the State not to kill, or an obligation for the State not to impose press censorship. Modern or social rights, on the other hand, imply an obligation for the State to become active, such as to secure individuals' rights to education or employment by building schools and maintaining a healthy economy. Such social rights are generally more difficult to enforce.
Positive obligations transpose the concept of State obligations to become active into the field of classical human rights. Thus, in order to secure an individual's right to family life, the State may not only be obliged to refrain from interference therein, but positively to facilitate for example family reunions or parents' access to their children.
The most prominent field of application of positive obligations is Article 8 of the European Convention on Human Rights.
the negative obligations, which essentially require states not to interfere in the exercise of rights.

positive and negative human rights


 Negative and positive rights are rights that respectively oblige either action (positive rights) or inaction (negative rights). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights.

Rights considered negative rights may include civil and political rights such as freedom of speech, life, private property, freedom from violent crime, freedom of religion, habeas corpus, a fair trial, freedom from slavery.



Rights considered positive rights, may include other civil and political rights such as police protection of person and property and the right to counsel, as well as economic, social and cultural rights such as food, housing, public education, employment, national security, military, health care, social security, internet access, and a minimum standard of living. In the "three generations" account of human rights, negative rights are often associated with the first generation of rights, while positive rights are associated with the second and third generations.

non-derogable and qualified human rights.


Non-derogable rights are those rights which are prescribed to every individual by core Human Rights documents and can’t be taken away. Unconditional.
List of Non-Derogable Rights and Freedoms
under Article 4 of the International Covenant on Civil and Political Rights
· Prohibitions of genocide, slavery, and racial discrimination
· Right to: life, freedom from torture & inhumane treatment, fair trial, freedom of conscience, thought and religion

erga omnes


obligations owed by states towards the community of states as a whole. An erga omnes obligation exists because of the universal and undeniable interest in the protection of critical rights (and the prevention of their breach). Consequently, any state has the right to complain of a breach. Examples of erga omnes norms include piracy and genocide. The concept was recognized in the International Court of Justice's decision in the Barcelona Traction case (Belgium v Spain)

Human rights generations


First-generation human rights, often called "blue" rights: deal essentially with liberty and participation in political life. They are fundamentally civil and political in nature: They serve negatively to protect the individual from excesses of the state. First-generation rights include, among other things, the right to life, equality before the law, freedom of speech, the right to a fair trial, freedom of religion, and voting rights.



Second-generation human rights “socio-economic” human rights guarantee equal conditions and treatment. They are not rights directly possessed by individuals but constitute positive duties upon the government to respect and fulfill them. Socio-economic rights began to be recognized by government after World War II and, like first-generation rights, are embodied in Articles 22 to 27 of the Universal Declaration. They are also enumerated in the International Covenant on Economic, Social, and Cultural Rights.


Third-generation human rights These rights have a positive consecration, generally in international law. Third-generation human rights are those rights that go beyond the mere civil and social, as expressed in many progressive documents of international law, including the 1972 Stockholm Declaration of the United Nations Conference on the Human Environment, the 1992 Rio Declaration on Environment and Development.
The rights in this category cannot be exerted individually, but only by groups or collectivities of people.
The term "third-generation human rights" remains largely unofficial, and thus houses an extremely broad spectrum of rights.


What is indivisibility and interdependence of human rights?


Human rights are indivisible. Whether they relate to civil, cultural, economic, political or social issues, human rights are inherent to the dignity of every human person. Consequently, all human rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right invariably impedes enjoyment of other rights. Thus, the right of everyone to an adequate standard of living cannot be compromised at the expense of other rights, such as the right to health or the right to education.



Human rights are interdependent and interrelated. Each one contributes to the realization of a person’s human dignity through the satisfaction of his or her developmental, physical, psychological and spiritual needs. The fulfilment of one right often depends, wholly or in part, upon the fulfilment of others. For instance, fulfilment of the right to health may depend, in certain circumstances, on fulfilment of the right to development, to education or to information.

What is cultural relativism?


Cultural relativism is the view that all beliefs, customs, and ethics are relative to the individual within his own social context. In other words, “right” and “wrong” are culture-specific; what is considered moral in one society may be considered immoral in another, and, since no universal standard of morality exists, no one has the right to judge another society’s customs.

What does the universality of human rights mean?


human rights are the same regardless of race, color, culture or religion and should be applied to all people, regardless of gender, race, age or ethnicity. simply because one is a human being without distinction of any kind such as origin, nationality, race, sex, political or religious affiliation and should be equally protected.

What are the structural principles of human rights law?


1-     Proportionality: Limitations are based on legitimate aims: public safety, security, public order, rights and freedoms of others.
Proportionality test: legitimate aim, suitability, necessity.
2-     incompatibility and balancing – it applies to equal rights (example: right to freedom of expression v. right to freedom of religion); Judicial restraint – giving a case back to the legislator
3-     Subsidiarity: structural; procedural; substantive
4-     Procedural subsidiarity: exhaustion of domestic remedies; remedial subsidiarity; the margin of appreciation/discretion.
5-     Sovereignty: political intervention; control over the persons and objects; immunity of the state and officials.
6-     Solidarity: humanitarian issues; environment; responsibility to protect (prevent, respond, rebuild); problems (Security Council, positive and negative impact of the responsibility)
7-     Equality: formal and substantive equality: Equality of opportunity and equality of outcome.

Tuesday, July 31, 2018

Can an individual take a case directly to the ECtHR or HRC (ICCPR)? If, then when?


The Convention makes a distinction between two types of application: individual applications lodged by any person, group of individuals, company or NGO having a complaint about a violation of their rights, and inter-State applications brought by one State against another. Since the Court was established, almost all applications have been lodged by individuals who have brought their cases directly to the Court alleging one or more violations of the Convention.
An individual can submit his case only after exhaustion of domestic remedies: this means that all relevant courts and internal complaint procedures in the national court must have been used before applying
Anyone can lodge a complaint with a committee against a State that satisfies these two conditions (being a party to the treaty and having accepted the committee’s competence to examine individual complaints), claiming that his or her rights under the relevant treaty have been violated.

Who can take a case to the ECHR, AmCHR, AfricnCHR and on which conditions? What should be previously done and which requirements fulfilled?


Two types of application are provided for in the ECHR, individual applications (Article 34) and interstate applications (Article 33). Since the Court was established, most applications have been lodged by individuals who have brought their cases directly to the Court alleging one or more violations of the Convention. Cases can only be brought to the Court after domestic remedies have been exhausted; In this way the State itself is first given an opportunity to provide redress for the alleged violation ate national level. An applicant’s allegations must concern one of more of the rights defined in the Convention. The Court cannot examine complaints concerning violations of any other rights. Applicants must also be lodged with the Court within six months following the last judicial decision in the case, which will usually be a judgment by the highest court in the country concerned. The applicant must be, personally and directly, a victim of a violation of the Convention and must have suffered a significant disadvantage.

Inter-American Court of Human Rights is based on the ACHR of 1969, which came into force in 1978. Only the States parties to the American Convention who have accepted the Court’s contentious jurisdiction and the Commission may submit a case to the Inter-American Court. Individuals do not have direct recourse to the Inter-American Court; they must first submit their petition to the Commission and go through the procedure for cases before the Commission. The Commission may, when the conditions are met, refer cases to the Inter-American Court only with respect to those States that have ratified the American Convention and have previously recognized the contentious jurisdiction of the Court, unless a State accepts jurisdiction expressly for a specific case.

In June 1998, was adopted a Protocol to the African Charter on Human and Peoples’ rights on Establishment of an African Court on Human and People’s Rights. The Protocol entitled the following to submit cases to the Court: African commission on Human and Peoples’ Rights, The State Party which had lodged a complaint to the Commission, The State Party against which the complaint has been lodged at the Commission, The State Party whose citizen is a victim of human rights violation, African Intergovernmental Organizations. Individuals and NGOs may bring cases only if the respondent state concerned has made a special declaration to that effect (Article 34.

Who can take a case to the UN Human Rights Committee (HRC) and on which conditions? What should be previously done and which requirements fulfilled?


There is two main procedure for bringing complaints of violations of the provisions of ICCPR before the Human Rights Committee: Individual communications and Interstate (state-to-state) complaints.

Article 41-43 of ICCPR set out a procedure for the interstate complaints. Interstate communication presuppose a special declaration to be made by the two states, the applicant as well as the respondent state. States must recognize the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such declaration.

Legal basis for individual communication is given in an additional instrument of CCPR, in “Optional Protocol to the CCPR”, which means, that Optional Protocol should be separately ratified by the State to give its own citizens possibility to take claims in the Human Rights Committee. In Article 2 of optional protocol is stated, that subject to the protocol are “individuals who claim that any of their rights enumerated in the Covenant have been violated” and also article defines a circumstance, when can individual submit the case to the Committee:” The individual has exhausted all available domestic remedies.” But there is one exception to this rule, particularly, individual can bring the case to the committee without the exhaustion of the domestic remedies, if s/he can justify, that the application of the remedies is unreasonably prolonged in domestic level

the role of the UN Human Rights Council


The Human Rights Council is a political body with a comprehensive human rights mandate. The Council addresses violations, promotes human rights assistance and education, reviews States human rights records, works to prevent human rights abuses, responds to emergencies and serves as an international forum for human rights dialogue.
Its focus is to help member states meet their human rights obligations through dialogue, capacity building, and technical assistance. The Council also makes recommendations to the General Assembly for further development of international law in the field of human rights. The Council works in close cooperation with Governments, regional organizations, national human rights institutions and civil societies.
Through what is called a “Universal Periodic Review,” the Council assesses the situation of human rights in all 192 UN member states. It also has an Advisory Committee, which provides expertise and advice on thematic human rights issues which pertain to all parts of the world.

regional human rights protection mechanisms


There are three main regional systems that aim to protect and promote human right: the Council of Europe; the Organization of American States; and the Organization of African Unity. Of these, Europe has the oldest and most developed system with an established judicial mechanism for determining complaints brought by individuals. The inter-State and individual complaint processes before the European Court of Human Rights are no longer optional. However, the Court is still an organism of international law and repeatedly asserts its role as supervisory, the primary responsibility for the implementation of the European Convention remaining with States.

In the Americas, the Organization of American States its human rights machinery is not as developed as European system, yet the achievements have been remarkable given the political turmoil in the region until comparatively recently. Promoting democracy has been a priority in the region and, indeed, has been its major success. States of emergency were commonplace thus human rights have often been relegated in importance in response to serious problems of political and economic stability. The establishment of Inter- American Court provided a judicial forum for the determination of individual complaints, further developing the pioneering work of Commission.

The youngest developed regional system is to be found in Africa. Against oppressive regimes   violent and often undemocratic background, attempts to consolidate human rights should perhaps have been doomed to failure. However, the African system has succeeded in developing a coherent system for protection of human rights. The Commission received several complaints related to torture and right to life. The African system has succeeded in raising many issues in public awareness and developing a distinctively African body of human rights materials.

The European system of human rights protection under the ECHR.


The rights enshrined therein are essentially drawn from the first half of the Universal Declaration. They are the right to life; freedom from torture and other inhuman, or degrading treatment or punishment; freedom from slavery and forced or compulsory labour; right to liberty and security of person; right to a fair trial; prohibition on retroactive penal legislation; right to private and family life, home and correspondence; freedom of thought, conscience and religion; freedom of expression; right to an effective remedy for a violation of the rights; and freedom from discrimination in respect of the specific rights and freedoms. It did provide considerably more detail on many of the rights and, of course, it articulated a binding legal framework to ensure the realization of those rights.

The Convention is the first instrument to provide an effective enforcement mechanism for human rights protection though, in keeping with a strict notion of international law, the Convention envisaged the Court as a supervisory body, hearing cases brought by States against States or referred by the Commission pursuant to its decision on an individual application.

The International Bill of Human Rights


The International Bill of Human Rights consist of the universal Declaration of Human Rights, the International Covenant on Civil and Political rights and two Optional Protocols annexed thereto and the International Covenant on Economic, Social and Cultural Rights and Protocol. It has been referred to by the United Nations as «the ethical and legal basis for all the human rights work of the United Nations. the foundation upon which the international system for the protection and promotion of human rights has been developed”. The International Bill of Human Rights was originally to be drafted by three working groups - one general declaration of international human rights standards, one on more specific elaboration of the rights and the third on the implementation mechanism.

The importance of the Universal Declaration of Human Rights? Is it binding?


The Universal Declaration begins by recognising that ‘the inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the world’.
It declares that human rights are universal – to be enjoyed by all people, no matter who they are or where they live.

The Universal Declaration includes civil and political rights, like the right to life, liberty, free speech and privacy. It also includes economic, social and cultural rights, like the right to social security, health and education.

The Universal Declaration is not a treaty, so it does not directly create legal obligations for countries. However, it is an expression of the fundamental values which are shared by all members of the international community. And it has had a profound influence on the development of international human rights law. Some argue that because countries have consistently invoked the Declaration for more than sixty years, it has become binding as a part of customary international law.

Further, the Universal Declaration has given rise to a range of other international agreements which are legally binding on the countries that ratify them. These include
the International Covenant on Civil and Political Rights (ICCPR) and
the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The UN system of human rights protection


The United Nations (UN) system has two main types of bodies to promote and protect human rights: Charter Bodies and Treaty Bodies.
Charter Bodies are established under the UN Charter in order to fulfil the UNs general purpose of promoting human rights. They have broad mandates that cover promoting human rights in all UN member states.
The Human Rights Council
The principal UN Charter Body responsible for human rights is the Human Rights Council (HRC).
Office Of The United Nations High Commissioner For Human Rights
Its role is to prevent human rights violations and secure respect for human rights by promoting international cooperation and coordinating the United Nations’ human rights activities.
Treaty Bodies
-        have responsibility for monitoring and promoting compliance with a particular human rights treaty. As such they are only concerned with countries that are a party to that treaty.
-         consider reports from State Parties on their compliance with the treaty and some treaty bodies can receive individual complaints of treaty body violations.

Reporting obligations and monitoring
When Treaty Bodies assess reports from State Parties they may also consider information contained in ‘shadow reports’. Shadow reports are those submitted to the Treaty Bodies by NGOs and National Human Rights Institutions (rather than government).
After considering the reports, Treaty Bodies make recommendations (often called Concluding Comments or Recommendations) about how the State Party can improve its compliance with its treaty obligations.
Individual complaints
Some Treaty Bodies have additional powers to receive and consider complaints from individuals who allege they are the victims of human rights violations by the State.

positive and negative human rights obligations of states


Positive obligations in human rights law denote a State's obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rights violations.

Classical human rights, such as the right to life or freedom of expression, are formulated or understood as prohibitions for the State to act in a way that would violate these rights. Thus, they would imply an obligation for the State not to kill, or an obligation for the State not to impose press censorship. Modern or social rights, on the other hand, imply an obligation for the State to become active, such as to secure individuals' rights to education or employment by building schools and maintaining a healthy economy. Such social rights are generally more difficult to enforce.
Positive obligations transpose the concept of State obligations to become active into the field of classical human rights. Thus, in order to secure an individual's right to family life, the State may not only be obliged to refrain from interference therein, but positively to facilitate for example family reunions or parents' access to their children.

The most prominent field of application of positive obligations is Article 8 of the European Convention on Human Rights.
the negative obligations, which essentially require states not to interfere in the exercise of rights.

Don't Come Home, America by Stephen Brooks, John Ikenberry, and William Wohlforth.


There has been a heated debate in the United States for the past few years about the most successful way for the United States to maintain the American global leadership in the 21st century, the debate is between two main groups:

The first is the proponents of retrenchment who call for a substantial reduction of US military-security commitments in the world, and instead focuses on nation-building within the US, economic development, infrastructure, education and health, and bridging the widening gap between the rich and the poor in the United States.

The second wants to maintain the current grand strategy of deep engagement since the end of the Second World War in order to maintain the current international liberal order and warns that abandoning this strategy will mean the end of the dollar as a global reserve currency along with the American economic prosperity.

The proponents of retrenchment see that the strategy of liberal hegemony over the world is uncontrolled, expensive, and bloody, creating enemies as much as killing them. It also discourages the Allies' will to shoulder the costs of defending themselves, and motivates other nation states to unite in one front against America. Although the economic power of the United States has declined considerably over the past decade, the Pentagon is still receiving enormous funds, yet it subjects the United States of the danger of excessive strategic expansion. It is time to abandon the strategy of American hegemony and replace it with a strategy of restraint. This means abandoning the pursuit of global reform and merely protecting the national interests of the United States, also reducing the size of the US military, and closing some military bases around the world. [1]

The United States' economic potential is no longer in line with its strategic ambitions, which is now competing by other emerging great powers like China. According to Global Trends 2030 “With the rapid rise of other countries, the “unipolar moment” is over and Pax Americana—the era of American ascendancy in international politics that began in 1945—is fast winding down.”[2]

Those in favor of U.S. strategic retrenchment overseas also believe that the world power is now divided between the new rising powers, along with American power. These powers are not only in the BRICS countries, but also in the MINT countries, and therefore the United States will now have to retreat to new, more modest and realistic positions.

It’s also worth mentioning that democracy promotion or supporting democracy abroad is no longer the case because after more than a decade, and after the US spent nearly $5 trillion to finance the two wars and lost more than 7,000 US troops. Most Americans now feel that building democratic governments in Iraq and Afghanistan is almost impossible, despite all the financial and human sacrifices they made.

Thus, there should be an alternative strategy, which does not necessarily mean the return of the United States to normalcy.

On the other hand, the authors of the article who belong to the second group that opposing retrenchment and support the Grand Strategy of deep engagement believe that the strategy has been in United States’ interest for the last six decades, and there is no reason for retrenchment.
They wrote “The United States’ globe-girdling strategy is the devil we know, and a world with a disengaged United States is the devil we don’t know. Retrenchment would in essence entail a massive experiment: How would the world work without an engaged, liberal leading power?”
Since the end of the Second World War, the United States has adopted a grand strategy of deep engagement, which has allowed it to protect its security, maximize its domestic prosperity, to promote the principles of the liberal economy and to establish strong defense alliances in Europe, East Asia and the Middle East.

But now, Washington may feel tempted to give up the grand strategy as a result of China’s rise, huge budget deficits and exhaustion from the two costly wars in Iraq and Afghanistan. But this would be a huge mistake: cutting defense spending over 10 years would only save the Treasury $900 billion. Moreover, the significant capabilities of the American military power prevented the emergence of any great power aspiring to its budget, and that costs the U.S. only 4.5 percent of its GDP.

According to the authors “without a continuation of the U.S. global leadership, many countries, including South Korea, Taiwan and Japan in Asia, Egypt, Saudi Arabia and Turkey in the Middle East, will become nuclear powers. The EU will be unable to defend itself against Russia.”
In addition to that “The United States will have to play a key role in countering China. It will need to maintain key alliance relationships in Asia as well as the formidably expensive military capacity to intervene there. The implication is to get out of Iraq and Afghanistan, reduce the presence in Europe, and pivot to Asia— just what the United States is doing.”

However, the most important of all, in the view of those opposing retrenchment, is the close link between America's military domination and its economic dominance. The current US strategy preserves the global economic system set up by Washington after World War II, which largely serves its national economic interests. Thus, military control is the main reason of the U.S. world economic leadership. And if America withdraws its military presence from most regions, it will be very difficult for them to convince other great powers to take care of the American economic interests. The global role allows the United States to create the world economy as it wishes, and helps it defend the U.S. dollar as the world's main reserve currency, giving the country huge advantages, primarily its ability to borrow money easily.

All this does not mean that they cannot or should not, amend the grand strategy whenever circumstances require it. When President Nixon pulled all American troops out of Vietnam and replaced it by China to be with him in his fight against the Soviet Union.  This example shows that the amendment is possible without touching the core of the grand strategy of U.S. leadership of the world.

This is in brief the general conclusions of the supporters of the American Grand Strategy that the American commitment to the world should not be reduced, and to continue the strategy of what they call it "liberal hegemony". As it can be seen from the abovementioned, their logic revolves around one main idea: that the continued economic prosperity of the U.S. is no longer possible without the continuation of American military hegemony over the world, or in other words, Withdraw the forces and security commitments of America's allies, the foundations of the economy will collapse. And although, the US foreign policy oscillates between the left demanding the U.S. to reduce its role in world affairs, and the right that supports keeping the US role active, but shifting focus from Europe and the Middle East to West Asia and the Near East, which means that there is a near consensus among members of the American elite on the need to emerge completely militarily and politically specifically from the Middle East.

In conclusion, it seems that we are already standing before a new stage in the U.S. foreign policy based on strengthening its domestic economic reforms, and reduce U.S. commitments (and wars) abroad, And the re-establishment of the system of globalization, in order to serve two purposes at the same time: contain the rise of China, and continue to consolidate U.S. global leadership. But regardless of the outcome of the US-China competition and its reflection on the global balance of power, it can be argued that the US military role in the next few decades will be much smaller than in the past four decades, at least as a result of what America did after its major wars, the two world wars, the wars of Korea, Vietnam and the Cold War. It reduced its war effort in the post-war period and devoted itself entirely to its domestic situation, especially the economic one.


[1] Posen, Barry R. “Pull Back: The Case for a Less Activist Foreign Policy,” Foreign Affairs, Vol.92, No.1 (January/February 2013)
[2] Global Trends 2030: Alternative Worlds - Director of National Intelligence. Web. https://www.dni.gov/files/documents/GlobalTrends_2030.pdf

Back to the Future: Instability in Europe After the Cold War


In Back to the Future, John Mearsheimer focuses on the effect of the end of the Cold War on Europe.
The establishment of national security or the non-existence of national security is largely related to the structure of the international system  with the anarchy is the dominant factor, and as a result the future global politics will be characterized by conflict as in the past. According to John Mearsheimer, the end of the Cold War will bring us back to an international system characterized by a multi-polar balance of power, in which nationalism and ethnic rivalry prevail as a prelude to instability and conflict, and in his assessment of the Cold War period he believes that it is a period of peace and stability because of the structure of world powers and the bipolar balance of power. And if it's collapsed, we will return to a great power struggle that has been a dilemma in international relations since the seventeenth century. John Mearsheimer predicts a state of instability and even war in the next 20 years. His vision is based on two basic variables: the survival of US forces in these two regions and the expected shift in regional power structure, based on his belief that the current stability is due to the US military presence in both regions. He also believes that US forces will re-integrate them in the beginning of the next two decades, but under a chaotic international system in which the superpowers are not trying to maximize their power and influence. According to him "the next decade is very likely to be more violent and will see years of turmoil in international politics, and that the end of the Cold War is likely to increase the chances of wars and crises in Europe.” These predictions have been relatively true; Europe has experienced the worst ethnic conflicts of the mid-1990s in the Balkans, and Europe is facing economic crises in Greece now.  He also predicts the emergence of pre-1914 patterns in Europe, saying: "One way to control this is by helping Germany become a nuclear state." He also believes that the proliferation of nuclear weapons will be beneficial for the maintenance of global security. And for him non-nuclear Europe means the inequalities between states would increase and the pacifying effects of nuclear weapons would be lost. He also discussed three counter-arguments. The first one is based on liberal claim and maintains that economic interdependence of the states is more prone to reduce the possibility of conflicts. The second one is based on democratic peace theory claiming that democracies don’t fight each other. The third argument involves a degree of collective self-awareness amongst Europeans.

However, not all Mearsheimer’s predictions were true some are flawed; he has failed to predict the end of the cold war, and also the international system is still unipolar, but assuming that his predictions are true for multipolar, for him the case of multi-polarity has been accompanied by an increase of insecurity; i.e. high risk, Hence; the countries will move in response to nuclear arms, and from his point of view, it would be difficult to manage these files, and therefore the international system would be more prone to violence than the bipolar system. but the reality is otherwise. There are efforts by the United States and its allies to counter this even if it’s selectively, As in the Iranian and North Korean nuclear files. He also argued that 40 years of stability was over and there was a risk that possibility of new wars would increase among European countries, but the opposite had occurred.

In conclusion, since the dramatic rise of Western Europe to the top of the world power in the 19th century, all major world wars have become almost European wars, Including the wars of colonial domination, the wars of colonial rivalry, and the wars of the continent's powers in Europe and beyond. After the end of the Cold War, the last major European wars, the continent seemed to be on its way to a long era of unprecedented peace and prosperity led by the Western bloc. However, Europe is now facing a moment of power struggles that no one expected at the end of the Cold War. Russia is not the Soviet Union and cannot afford a new Cold War, but it is difficult to imagine a major Russian retreat due to its economic and financial pressures no matter how bad it is. However, the West hopes the pressure will lead to Putin's eventual overthrown or forcing him to negotiate about Ukraine due to his weak position. Also, Germany cannot take further steps under Russian policies threatens European stability, it is not surprising if Moscow's current policy continues to make Germany the main European party in the process of balancing with Russia, which will certainly ease the burden on Americans. There is no indication yet of any of these possibilities, but it is certain that the climate of optimism that prevailed after the end of the cold war is also coming to an end. Also, the new world order will no longer be unipolar, because other nations will balance the United States, and so the unipolar system will end.





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