Ambassador Al Kuwari salutes the Swiss Confederation

Bern, 1 August 2022, Swiss Confederation: On the ocassion of the Swiss National Day, the State of Qatar’s top envoy to the confederation, HE Ambassador Mohammed Jaham Al Kuwari, addressed the Swiss government and people in a multilingual message that one can enjoy below: 

Ambassador Al Kuwari has been serving as Qatar’s top envoy to Switzerland since 4 November 2021, after he presented credentials to the then serving Swiss Federal President Guy Parmelin. Al Kuwari was not stranger to Switzerland, and as a matter of fact, he served already in the capacity as non-resident head of mission heeding relations from Paris between 2003 and 2013. During the latter period he was resident head of mission vis-à-vis the French Republic in Paris with concurrencies to Switzerland, the Holy See, Monaco, and Portugal. 

Qatar established a resident embassy in Bern in September 2012. The latter mission is likewise responsible for relations vis-à-vis the Principality of Liechtenstein. 

Before arriving in Bern, Ambassador Mohammed Al Kuwari, had been serving as head of mission in Germany, Spain and the United States of America. He is fluent in his native Arabic, in addition to French, and English but likewise holds a good understanding of the German and Spanish languages. 

For further information:

Embassy of the State of Qatar in the Swiss Confederation: https://bern.embassy.qa/en/the-embassy/about-us

Mohammed Jaham Al Kuwari – Picture by NCUSAR – Picture through Wikipedia licence, see: https://commons.wikimedia.org/wiki/File:Mohammed_Jaham_Al_Kuwari_2014_National_University_Model_Arab_League_crop.jpg

Conflicting values and conflicting narratives: the case of Russia’s war on Ukraine

Paper presented on 4 August at a session of the conference on peace held by the Universal Peace Federation in London. The title of the session was “Conflicting Narratives and Values – Perspective for a Common Vision and Peace Culture”

Willy Fautré, director of Human Rights Without Frontiers

Internal conflicts and wars between neighboring countries do not suddenly break out from a vacuum as it is can be seen in Ethiopia or in Ukraine. They are often the results of ongoing tensions deeply rooted in history or in conflicting and even aggressive narratives. The wars in the Balkans after the collapse of the Yugoslav Federation in the 1990s were the last example of it in the 20th century.

National, ethnic, linguistic and religious identities exacerbated by biased and inflammatory narratives in the political discourse, in the media and in school education as well as territorial claims were at the heart of massacres perpetrated for several years in former Yugoslavia. The war between Azerbaijan and Armenia in 2020 is another example of the dramatic consequences of long-standing violent rhetoric grounded in irredentist nationalism.

On 24 February, to everyone’s surprise, the Russian army invaded Ukraine from the north, the south and the east. But this should not have been a surprise. Since the duo Dmitry Medvedev – Vladimir Putin came to power in Moscow, Russia has been waging war ever.

Putin’s narratives in his successive wars

In 1999-2000, Vladimir Putin led the second Chechen war as Prime Minister. His publicly stated goal was the eradication of the Chechen nation. According to Putin’s narrative, it was not a war but a “special anti-terrorist operation” against separatists to preserve the territorial integrity of the Russian Federation. During this operation, the capital Grozny was completely razed to the ground by Russian bombing, to the extent that in 2003 the United Nations called Grozny “the most destroyed city on earth”. Since then, the Ukrainian city of Mariupol has probably overtaken it.

In 2008, Russia fomented the separatist war in South Ossetia and Abkhazia in Georgia, recognised their independence and has since provided them with the so-called protection from its military. Putin’s narrative to justify his aggression was to save the Russian speakers of Georgia.

Since 2014, the Ukrainian territories of the Donbas and Crimea have been wrested from Ukraine. About the annexation of Crimea, Putin’s narrative was that Stalin had attached Crimea to the Soviet Socialist Republic of Ukraine by mistake and the inhabitants of the peninsula were historically Russian. As to the conflict in Donbas, Putin’s rhetoric was that it was an internal conflict between persecuted and discriminated Russian-speaking Ukrainians and their nationalist government in Kyiv but he claimed he was not involved. However, everybody knows that he was using the separatists as proxies to destabilize Ukraine.

In Syria, in 2015-2018, Putin’s war led to massive destruction. Officially, it was to help dictator Bashar al-Assad defeat ISIS and other Islamist terrorist groups. It was also to protect Christians and their churches from these groups and thus appear as the great and only defender of Christianity in the Middle East, especially Orthodoxy, a path that European governments were reluctant to take for various reasons. Vladimir Putin was very publicly thanked by Eastern Orthodox church dignitaries for his military involvement in Syria.

However, behind this official narrative there was also the plan to rid Bashar al-Assad of his various political opponents, at the cost of massacring civilians, destroying homes, hospitals, schools, and infrastructure providing water and electricity to the population. Aleppo became a martyred city and Russia lost its seat on the UN Human Rights Council as a result.

Putin’s narrative is well known and well oiled. He is now applying it in the rest of Ukraine as he has done in all his other previous wars.

Putin’s dream of resurrecting a Russian Empire

In Putin’s narrative, Ukraine as a sovereign state never existed in the past and was called “Little Russia.” The current Ukrainian state is an artficial state run by Nazis, Ukrainian identity does not exist and the Ukrainian language is an offshoot of the noble and rich Russian language, according to Putin. The country must be allegedly denazified and disarmed. Ukraine is part of the Slavic world and therefore part of Russia, just like Belarus, he says. The current Ukrainian state, its language and culture must be destroyed. Its territory must be invaded by war whatever the cost, occupied and Russified again; its remaining inhabitants and their future generations must be colonised. This is the narrative that Putin is serving up to the entire Russian population and to the international community.

The Ukrainian counter-narrative is that Kyiv existed long before Moscow and was the cradle of Orthodoxy, first with the conversion of Prince Vladimir in Kherson by a bishop of the Patriarchate of Constantinople and then with the baptism of his people in Kyiv Rus in 988, while the first written records of Moscow’s existence date back only to 1147, 160 years later.

The war with its cynical procession of terror, war crimes and crimes against humanity enables Putin to depopulate the country through mass migrations to the West and mass deportations of Ukrainians to the East, to Russia. The territories occupied since 2014 have been colonised and Russified. All Orthodox churches that were not under the jurisdiction of the Moscow Patriarchate have been eradicated, as have been other religions which did not recognise the annexation of Crimea and Putin’s rule.

Conflicting narratives?

But let us go back to the title of this session, which contains two key words: conflicting narratives. In totalitarian or dictatorial societies, there can be no confrontation of ideas. In the case of Putin’s Russia, there is only one truth: the one of the Leader. Putin has been preparing his war against Ukraine for a very long time. For two decades, he has built up a colossal armament, including nuclear weapons. With the blessing of Patriarch Kirill, he has progressively eliminated religious diversity, for example by criminalising the activities of Jehovah’s Witnesses as extremist. about a hundred of them are in prison for many years and many more are on the same path. Amnesty International and Human Rights Watch have been expelled from Russia. All Russian NGOs receiving money from the West, including the European Union, have been accused of being foreign agents and banned.

The editor of Novaya Gazeta, who was awarded the Nobel Peace Prize in December 2021, had to close his newspaper to avoid going to prison. All independent media have been closed, fined heavily or have survived only abroad. More than 3,000 websites have been closed. A law has criminalized the use of the word “war” in public and private spaces, providing sentences of to 15 years in prison. Public anti-war demonstrations have been prohibited, and even individual silent picketing.

Putin’s instrumentalisation of the Russian Orthodox Church and vice versa

In Putin’s narrative, the claimed Slavic-Orthodox identity of Russia is strongly intertwined. This identity is supposed to be threatened by a decadent West that ‘advertises’ homosexuality, same-sex marriages, gender culture and other so-called decadent values in opposition to the traditional values of the Orthodox Church. A Western world that believes itself to be invested with a civilizational and civilizing mission and that it wants to impose on the rest of the world, including Russia and other Slavic lands, by financing NGOs, human rights organisations and media importing its pseudo-values into Russia. A messianism that has produced genocidal colonialism and supremacist imperialism for centuries, according to Putin. Hence the need to protect, vaccinate and purify Russian society against this Western plague.

Patriarch Kirill and the President have long been staunch allies in this fight against the West and the head of the Russian Orthodox Church has blessed the war on Ukraine as a metaphysical war against evil forces. The growing desire of Ukraine to divorce itself from the Russian world and to make a new life for itself with another partner, the European Union based on democratic values, had become an existential threat to Russia. This ‘infidelity’ in a forced marriage had to be brought to an end. Hence the appalling war we are witnessing.

Conclusions

Let us return to the question in the title of this session “What are the prospects for a common vision of a culture of peace?” What are the prospects in the case of Russia and Ukraine? This question is coming too late because the war is too far advanced and perhaps we should have better worked on this issue in the West and in Ukraine in due time. Maybe the outcome would have been different but maybe not. So, the answer is now very simple and very short: these prospects are nil because the values of Russia and Ukraine have become irreconcilable. At most they could co-exist in their respective territories after the war, behind a cultural iron curtain. Maybe or maybe not.

Without wishing to play the Cassandra, however, I would dare say that there is something more serious ahead. Putin’s war in Europe against democratic values is only the first wide scale assault on the West. The great dictatorial and conquering empires of the past are waking up in Moscow, Istanbul and Beijing. China with its dictatorial regime is on the same path as Putin’s Russia against the expansion of Western values at home and in the world. It may now be time to think about avoiding a new hybrid global war starting in the Pacific.

Photo credits: Reuters

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Khalid Fahad Al Hajri represents Qatar in Belgium and Luxembourg

Wednesday, 27th April 2022, Luxembourg City, Grand Duchy of Luxembourg: At the Grand Ducal Palace in the capital’s city centre, His Royal Highness Grand Duke Henri of Luxembourg, Duke of Nassau, welcomed for his accrediation, HE Ambassador Khalid Fahad Al Hajri, who presented to the world’s only remaining grand duke, the best regards from His Highness The Emir of Qatar and the people of his homeland. 

Al Hajri represents his country as non-resident head of mission in Luxembourg, whilst being resident in Brussels, wherein he is accredited as top envoy since Tuesday, 19 October 2021, when he presented his letters of credence to His Majesty The King of the Belgians at the Royal Palace. Thereby returning to serving at an embassy abroad after having servved at the Qatari Foreign Ministry in Doha since 2018 within the cabinet of the chief of diplomacy, and in particularly in the Cabinet of the Special Envoy of the Minister of Foreign Affairs for Counterterrorism and Mediation in Conflict Resolution between November 2018 and September 2021. Previous to that, he is fondly recollected for his service in the capacity as Deputy Head of Mission at the Qatari Embassy to the Kingdom of the Netherlands between 2013 and 2018. 

Ambassador Al Hajri speaks his native Arabic in addition to English, and some French. 

For further information 

Embassy of the State of Qatar to Belgium and Luxembourg: https://brussels.embassy.qa/en/the-embassy/ambassador

Household of HRH The Grand Duke of Luxembourg: https://monarchie.lu/fr/actualites/accreditations-de-nouveaux-ambassadeurs-au-luxembourg-27-avril-2022

Leonardo’s faces – Marc van Oostveen

The Leonardo Royal Hotel Den Haag Promenade is represented by both new and more experienced employees working together with passion as one team, to deliver great service and to depict the hotel’s values. In these monthly written pieces, there is a focus on their values and their approach to our international clients.

Who are the employees as an individual? Allow us to introduce you to    
Marc van Oostveen

  • Nationality: Dutch
  • Function: Reception employee
  • Department: Front Office

When did you start working at the Promenade Hotel?

I started working at the Promenade Hotel back in September 2021, so it has almost been a year now.

What was your first impression of the Promenade Hotel?

When I first walked into the Promenade Hotel for my job interview, I immediately felt the warm and great atmosphere. It felt like coming home, even though I had never been here. I was greeted by sincere smiles and some fresh warm coffee as my (back then) future manager Else came to have a chat with me. After that chat I already knew; I want to work for this Hotel, this feels like home. I still remember that day vividly, and after 10 months it still feels like coming home whenever I get here.

What makes the Promenade Hotel suitable for welcoming people from all around the world?

What makes the Promenade Hotel suitable for welcoming people from all around the world, has to be our international events. We have the Food Festivals, and now with the new concept for our restaurant, LEO’S International Flavors, there are even more ways to see and taste the culture of different countries. Also, it is another way for people from other countries to taste some of their home cuisine, which is nice when you’re in a different country.

What do you value most in the organization of diplomatic events at the Promenade Hotel?

The thing I value most in the organization of diplomatic events at the Promenade Hotel must be teamwork; in order for an event to be successful you need good communication and a solidly working team. Everyone is ought to know what the guests want, and you are only able to achieve this all together, with the entire team. Building on each other and helping each other to make sure an event is successful is by far one of the greatest things about this job.

What did you learn so far by working with diplomats? Some tips, rules or values to share?

This might sound weird, but what I learned about working with diplomats is that they are normal working people too. I always hold them in high regard, and of course you should still remain formal, but the diplomats I met until now sometimes get surprised/happy when I ask them how their day has been. I feel like they appreciate it, so that is a tip; ask them how their day has been. Another great tip I got is: have friends in different countries. You get to know so many different cultures, and you find new places to visit for holidays for example, because you have friends there.

Which Food Festival has been your favorite so far or would you like to experience?

This is kind of a cheat question, because the Peruvian Food Festival is the only Food Festival I have experienced so far, so that has to be my favorite as of right now. A Food Festival I would love to experience has to be a Hungarian Food Festival. I have not been to the country (yet), but I would love to. Who does not love a good goulash right?

What local food(s), from abroad, have you tried already?

There are lots of local foods I have tried abroad. The most notable ones are from Iceland, where I lived for a couple months during an internship. I tried Hakarl, which is fermented shark. It’s not my cup of tea if I am being honest. Smoked puffin meat, which is a flavor I have never experienced, but it was good nonetheless. Whale meat, which tasted like the most tender steak you would ever have in your life and of course Brennivín, which isn’t a food, but it’s the national Icelandic tipple.

What is your favorite drink or dish at LEO’s International Flavors?

My favorite dish at LEO’s International Flavors has got to be either the Taco, because I love Mexican food and it’s such an easy and accessible dish. A good runner-up is the Beef tataki, which is also amazing because I love Japanese food as well. My favorite drink is for sure the Pisco Sour. Sours in general (also for instance whisky sour and amaretto sour) are my favorites. I first tasted this drink during the Peruvian Food Festival and I am thrilled to see that the drink made it to our regular menu.

What sustainable development goal do you value most? Why this one?

The sustainable development goal I value most is affordable and clean energy. Without clean and affordable energy and energy efficiency our technology will not have the ability to keep evolving. Without better technology, we will not be able to achieve a lot of the sustainable goals, because energy is one of the, if not the most important thing in the world. Without energy our world would fall in total chaos, and we cannot keep using fossil fuels, as they are running out, so clean, affordable and sustainable energy is in my opinion the most important.

What piece of good advice did you receive, and from whom, that you would like to forward?

The best piece of advice I got, which is also a piece of advice that I would like to forward, is actually from a movie. The advice is: ‘’Enjoy the little things.’’ There is way too much stuff in this world to worry about, so it is important to enjoy the fun small things in life, like watching a movie with your loved ones, going out for dinner with friends, walking through a forest on a rainy day (not too much rain though). It feels like everyone has too little time to actually enjoy themselves these days, which is sad to see.

Ensuring the independence of the legal profession in the context of constitutional reform in Uzbekistan

By Rasulev Abdulaziz Karimovich and Khujayev Shokhjakhon Akmaljon Ugli

In a state governed by the rule of law, ensuring a balance of power between the state and society is a prerequisite for the establishment of a democratic regime. This requires the strength of civil society institutions, which are the basis of the rule of law. Civil society, in fact, symbolizes conscious compliance with the requirements of the law and has the advantage of influence others in order to ensure the rule of law.

This lever is public control, successfully tested in the history of humankind and functioning in developed countries, or rather, local authorities, mass media and non-profit organizations. Therefore, the state is interested in developing and strengthening this system. In fact, this is the basis of civil society. In this regard, the reform of the Institute of Advocacy as a civil society institution, which by definition is a non-governmental and non-profit organization, is critical for improving the effectiveness of our country’s judicial and legal reforms.

Today, for any state, the advocacy is not only an institution for the protection of human rights and organizations, but also an important participant in the formation of civil society. In many ways, advocacy contributes to raising the level of legal awareness and legal culture of the population. Therefore, the effectiveness of legal regulation of advocates’ activities directly affects the implementation of constitutional rights and freedoms of the individual. In this regard, it is the constitutional guarantee of the independence of the advocacy that is most important.

In the current article 116 of the Constitution of the Republic of Uzbekistan, constitutional guarantees were enshrined to ensure the right of the accused to receive protection, qualified legal assistance at any stage of the proceedings in the investigation and court bodies, as well as the role of the advocacy as an institution providing legal assistance to citizens, enterprises, institutions and organizations. Organizational foundations have been created in the country and a mechanism has been formed to promote the functioning of the legal defense system, especially the creation of an appropriate national infrastructure for advocacy.

Over the years of independence, 3 Laws of the Republic of Uzbekistan, more than 10 decisions of the President of the Republic of Uzbekistan and the Cabinet of Ministers of the Republic of Uzbekistan, and  several departmental regulatory legal acts have been adopted in order to reform the institute of advocacy, further strengthen the status and provide guarantees to advocates, and increase the reputation and prestige of the advocate profession. In turn, these regulatory documents have formed a kind of practice, prompting advocates to carry out their activities on a professional basis.

However, there are some problems with the functioning of the legal profession. Unfortunately, the number of advocates is insufficient. Today, there are more than 4 thousand advocates in Uzbekistan; there is an average of one specialist per 8.5 thousand residents of the country. For comparison, in European countries, there are 162 advocates for every 100,000 people.

Furthermore, 43 percent of advocates in Uzbekistan work in Tashkent (the state capital), and not a single law firm is registered in any of the country’s 20 districts. These figures clearly show the severity of the problem.

As part of the constitutional reform in Uzbekistan, it is proposed to consolidate the principles of independence and self-government, non-interference in the professional activity of an advocate. These principles are important in the context of ongoing judicial and legal reforms. Thus, in the Strategy of Actions for the Further Development of the Republic of Uzbekistan in 2022-2026 as the most important goal (Goal 19) within the framework of the direction of ensuring the rule of law and strengthening justice, “a cardinal increase in the capacity of the institute of advocacy in the protection of human rights, freedoms and legitimate interests” is indicated.

It should be noted that the independence and self-government of  advocacy is an important principle of international standards in the field of human rights and advocacy. The fundamental international human rights instrument is the Universal Declaration of Human Rights. His famous article 1 says: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood ”. For the effective implementation of these, qualified legal assistance is also necessary, which is provided by the legal profession. Therefore, international legal standards in the field of advocacy closely complement international standards in the field of human rights.

One of the most striking examples of international standards are the Basic Principles on the Role of Lawyers. These principles show the importance of access to advocates and legal services. In particular, the importance of accessibility of the legal profession is indicated, which is ensured by the following measures:

– a guarantee of the right to appeal to any advocate for help to protect and defend his rights and protect him at all stages of criminal proceedings;

– ensuring the provision of sufficient financial and other means to provide legal services to socially vulnerable segments of the population;

– informing people about their rights and obligations under the law and about the important role of advocates in protecting their fundamental freedoms.

A special role should be assigned to the legal community. It is the legal community that should independently solve the issues of professional activity of advocates. One of the striking examples is the experience of the European Union. Thus, in Europe, there is a Code of Conduct for Advocates in the European Union, which applies to cross-border activities within the EU and was adopted in Strasbourg in 1988 by the Council of Advocates and Law Societies of Europe. Therefore, it is mandatory for all advocates from EU countries.

Recommendation No. R. (2000) 21 of the Committee of Ministers of the Council of Europe on the freedom of exercise the profession of lawyer suggests that all necessary measures should be taken to ensure that the freedom to practice the profession of a advocate is respected, protected and promoted without discrimination and unlawful interference by authorities or the public, especially in the light of the relevant provisions of the European Convention on Human Rights.

In this document, the practice of advocacy is considered in close connection with the cultural, social, political and historical context of each society. In any democratic society, advocates are called upon to play a crucial role in the administration of justice,  the prevention and resolution of disputes, as well as in the protection of human rights and fundamental freedoms. Decisions regarding permission to practice law or become a member of this professional group should be made by an independent body. Control over such decisions — whether they are taken by an independent body or not — should be carried out by an independent, impartial judicial authority.

Advocacy is the most important legal institution of any state, standing for the protection of the fundamental rights of citizens and their associations. The confidence of every citizen or entrepreneur in their well-being and success largely depends on how strong, organized, and legally protected it is. Therefore, constitutional guarantees of independence and self-government are important both for the advocates themselves and for society.

About the authors:

Rasulev Abdulaziz Karimovich is the Deputy Director of the Research Institute for Legal Policy under the Ministry of Justice of the Republic of Uzbekistan, Doctor of Sciences in Law, Professor.

Khujayev Shokhjakhon Akmaljon Ugli is the Head of the Department of Intellectual Property Law at Tashkent State University of Law, PhD

Rights of Nature: an evolving movement

By Dr. Dorine E. van Norren, independent researcher and civil servant

Few had heard of Rights of Nature fifteen years ago, but recently this new legal paradigm is becoming increasingly popular. That is, mostly in the Global South. Though it started in a few municipalities in the US since 2006 (starting with Pennsylvania), it is mostly the indigenous peoples who have embraced the concept. First in the Western Hemisphere and later in other continents. The Ojibwe in Minnesota declared rights for their wild rice (and related freshwater resources), the Ponca Nation (Oklahoma) claimed rights of Nature for their territory (to halt fracking) (2017). And 200 U.S. and Canadian tribal nations recognized the grizzly bear’s right to exist in a healthy ecosystem (to counter President Trump’s attempt to take it off the endangered species list). The people of Toledo also declared lake Eerie to have rights (later overturned by a federal judge in 2020).

Frontrunners were also Bolivia and Ecuador who enshrined the indigenous concept of Vivir Bien/Buen Vivir in their constitutions in 2008. The Andean concept lived by the Quecha people of Sumak Kawsay was the basis and centers around living in harmony with Nature, that is to say biocentric living. This is in contrast to the Western anthropocentric way of living which puts the human at the centre of the universe, above nature and in control of it. This biocentric belief is shared by most indigenous people.

Bolivia organized the Alternative Climate Summit in 2010, issuing a Universal Declaration (and adopting a national law) for the rights of Mother Earth. Recently (2022), it also gave rights to Lake Titicaca. In 2012 the UN organization for Harmony with Nature was established. At the same time Ecuador adopted the first constitution with a rights of Nature clause (art 71-73) in 2008.  Since then Colombia recognized the rights of several rivers (2016). Chile proposed a draft constitution recognizing the rights of Nature (to be voted on in September 2022). The Llaka Honhat community in Argentina won a case in which the InterAmerican court also recognized rights of Nature. And Mexico proposes (biodiversity) policies based on ‘ armonia con la naturaleza). Though not formally recognizing rights of Nature, Costa Rica has put many environmental policies in practice that are in this spirit.

Ecuador, however, remains the only country to constitutionally recognize these rights. To mention a few court cases that ensued. In a recent landmark decision the constitutional court forbid mining in the area of Los Cedros Forest, and courts did so for a few other areas (Llurimagua territory in Imbanbura, the indigenous Sinangoe terrirory & Amazon rivers, Pinas de la Chuva hills). Other cases involved limits on agriculture (pig farming pollution, shrimp farming in a mangrove area, pine tree plantation in a paramo ecoystem) and genetically modified crops limiting ‘food sovereignty’. The first case ever won gave the river Vilcabamba rights over the claimed right to development (road construction) by a municipality. And the Galapagos islands benefitted by enhanced jurisdiction tackling illegal shark fishing. Rights of Nature also included protection of animals, most notably the domesticized monkey Estrellita. In the case of oil spills by Chevron in the Amazon, decided on earlier by conventional environmental law, but disputed by the oil company, defendants recently also successfully invoked rights of Nature.

In the meantime other countries in the world are catching up. Bhutan enshrined guardianship of Nature in its constitution of 2008 (including mandatory forest cover of 60%) that is entirely based on its (Buddhist) Gross National Happiness philosophy. In the front row also sat New Zealand in 2012 giving rights to Te Urewere National Park, mountain and a river in cooperation with indigenous peoples. Uganda adopted a rights of Nature law in 2019. In the same year, the court in Bangladesh recognized rights of rivers and the local court in India of the Yamuna and Ganges rivers (later overturned by the Supreme Court). In Europe the Spanish are writing history giving rights to the Mar Menor lake (2022). In the Netherlands rights are being petitioned for the Waddenzee and the river Maas. The design museum Nieuwe Instituut became a zoöp (zoöperation giving voice to all life).

With this new movement some initial steps have been taken in the fight against climate change and protection of the Earth.

Ubi Brute?

By John Dunkelgrün

No one can predict the outcome of Putin’s war. As Tatiana Stanovaya of the Carnegie Endowment for International Peace writes in the New York Times (19/8/22), Mr. Putin aims to capture and hold on to the Donetsk/Luhansk region, make the rest of Ukraine a puppet state, and establish a new world order in which the “West” is run by people like Orban, Bolsonaro or Trump. Yet in many ways, he has already lost.

First, not just the rich countries of the “West”, are trying to rid themselves of fossil fuels, but most of the world. His war has caused many countries and companies to turbo-charge that effort. In the short run, the world will face severe shortages, and Russia will get more money for less oil and gas. Starting in very few years, however, the demand for fossil fuels will go down sharply. China, India, and North Korea will continue to buy Russian oil and gas, albeit at steeply discounted prices, but they too understand climate change and the risks of depending on Mr. Putin’s Russia.

Secondly, the sanctions are starting to bite. Modern weaponry needs advanced technology which Russia doesn’t have. Its best and brightest were busy hacking, phishing, and influencing Western politics rather than developing world-class technological products and services. Without advanced technology, Russia simply cannot build weapons to match Nato.

Also, the focus on fossil fuels has caused the neglect of developing other parts of the economy, which will be much more difficult now that many parts can no longer be imported.

Thirdly the attempt to weaken Nato has spectacularly failed. Nato is now bigger, and more agile and its membership has increased its military spending massively. Ukraine is a candidate for membership in the European Union.

And most importantly, for many decades to come, not just Mr. Putin, but Russia as a state, has lost all credibility. No one, least of all its neighbors, will feel comfortable having Russia as a partner. The lies, the attacks on Crimea, then the Donbass, and now Ukraine with its brutal wanton bombardments of civilian targets are etched in the minds and memories of leaders all over the world. Even after the guns fall silent, the knowledge of the brutality and the cruelty will remain. Chances are, there will even be a Nürnberg-style trial.

There have been articles about the Russian people during this war they may not call that. They approve of Mr. Putin and his war, they feel hurt about the dismemberment of the Russia of yore, they don’t know any better because the only news they get is government-controlled, etc.

This may be true up to a point, but as the saying goes “You can fool all of the people some of the time, and some of the people all of the time, but you cannot fool all of the people all of the time.”

Many Russians have relatives in Ukraine. Their messages, phone calls, and photos of destroyed buildings will eventually sink in. Mr. Putin may hide the casualties by using Wagner proxies, soldiers from remote areas, and using mobile crematoria rather than body bags to hide the tens of thousands of casualties, but eventually, people will wake up. Where is Sacha’s son, where is Katya’s uncle? Why was Uncle Dmitri’s house bombed? Why can’t we buy computers, see Netflix, and eat at a real McDonald’s?

The economy will slow down dramatically, every day more products will disappear from the shelves, paying mortgages for a house abroad will become almost impossible, and Russians will be shamed if they travel abroad.

For a while, Mr. Putin’s PR machine will provide boilerplate answers, but Russians aren’t stupid. Bit by bit their awareness will grow. Even the inner circle will get desperate. Mr. Putin will fall, not Hitler-style hunkering in a bunker but from forces within the country.

Beware of Brutus Mr. P.

He knows, and that perhaps is why he sits so absurdly far away from everyone.

Most-Favoured Nation: Renaissance or Requiem

By Philip Kariam

Preferential treatment among trading partners was once a potent tool in the sovereign toolbox. With the raising of tariffs during the Great Depression, policies like the British Empire’s system of Imperial Preferences, which reduced tariffs for members of the Commonwealth, gave an appreciable advantage to certain countries while disadvantaging others. By the end of the Second World War, the desire to reduce trade frictions and end favouritism culminated in the negotiation of the General Agreement on Tariffs and Trade (GATT 1947), which, in large part, sought to put an end to trade preferences through the most-favoured nation (MFN) obligation.

MFN remains one of international trade law’s core principles. It has, moreover, experienced a kind of rebirth in the public discourse stemming from recent events in Ukraine, with several states revoking MFN as a sanctioning tool. On the one hand, this invocation of MFN suggests that it continues to play an important role in the international arena; on the other, it adds to an already significant list of MFN’s exceptions. Whether it is experiencing a renaissance or requiem, however, understanding MFN continues to be essential for understanding trade relations.

MFN in the context of international trade law

To do so, it is helpful to begin with the framework of rules within which MFN sits –international trade law and the World Trade Organization (WTO) agreements.

Modern international trade law developed on the foundation of the GATT 1947 and evolved through a series of negotiations culminating in the Uruguay Round, which established the WTO in 1994. Today, the WTO has 164 member states and covers almost all aspects of global trade.

The WTO consists of several agreements – to which all WTO members are a party – related to trade in goods and services, intellectual property, and trade remedies (i.e., anti-dumping and countervailing duties), among many other areas. The WTO also provides a forum for trade negotiations and a state-to-state dispute settlement mechanism.

What do these agreements actually do? In brief, they set out a series of rules governing trade between states. These rules are a mix of substantive law – e.g., the non-discrimination obligations and bound tariff rates – and oversight over domestic trade-related procedures – e.g., rules for dumping and subsidy investigations undertaken by domestic authorities.

A cornerstone principle…

MFN is one such rule. More than that, it is a core tenet of the WTO that pervades several of its agreements. It has been described as a “cornerstone of the GATT” and “one of the pillars of the WTO trading system”.

But it isn’t, as it sounds, about choosing favourites. To the contrary, MFN is a non-discrimination obligation, a requirement to accord the same treatment to all trading partners. As set out in the GATT, MFN means that any “advantage, favour, privilege or immunity” provided to the goods originating in one WTO member must be given “immediately and unconditionally” to like goods originating in another WTO member.

Applied to tariffs, MFN means that like goods must be subject to the same duty rate, regardless of their country of origin. Thus, apples imported from Italy are subject to the same duties as apples from Chile; bicycles from Taiwan the same duties as bicycles from France, and so on. Legal disputes occur on issues such as whether two products are truly “like” one another (query whether Fuji apples are “like” Granny Smiths).

… with many exceptions

Like most legal rules, MFN has exceptions. The most significant of which is free trade agreements (FTAs) – e.g., the USMCA or the CPTPP – which have proliferated since the formation of the WTO. Despite providing better treatment to their members than the WTO agreements, FTAs are permitted under the GATT. Why? Because they contribute to the overall goal of lowering trade barriers. As of March 2022, no less than 354 FTAs were in force.

The WTO also permits members to deviate from MFN if, for example, their actions are necessary to protect human, animal or plant life, or are related to the conservation of exhaustible natural resources (to name just two of ten such exceptions). A WTO member may also take action it considers necessary for the protection of its “essential security interests”, even if that action violates MFN – e.g., the US’s recent national security tariffs on steel and aluminum.

Anti-dumping and countervailing duties – which may be applied to specific countries where dumped or subsidized goods are found to originate – are yet other deviations from MFN permitted by the WTO.

If these exceptions seem significant, it is because they are. The expansion of FTAs alone has prompted some observers to regard MFN as the exception rather than the rule.

When nations fall out of favour

Nevertheless, MFN has gained a certain prominence of late stemming from Russia’s invasion of Ukraine.

On March 3, 2022, Canada ventured into the avant-garde by revoking Russia’s and Belarus’ MFN status, triggering the “general tariff” for goods from these countries (while Belarus is not a WTO member, it was granted MFN status under Canadian law). On April 8, the US followed suit, suspending “normal trade relations” (i.e., MFN) with Russia and Belarus. Japan, the EU and UK have also announced intentions to revoke Russia’s MFN status.

This means that Russia and Belarus will face non-MFN tariffs (for Canada, this is generally on the order of between 30-35%) on all of their exports to these countries. For countries such as Canada and the US that have coupled MFN revocation with an outright ban on some of Russia’s most valuable exports (including petroleum), its real economic impact may be limited. Yet, because of MFN’s position at the centre of the WTO, its revocation sends a strong message – there has been a fundamental break from “normal trade relations” between these parties.

Renaissance and requiem?

Though embattled by exceptions and deviations, the invocation of MFN as a kind of “big gun” sanctioning tool underlines its continued relevance for global trade. It demonstrates that MFN remains enmeshed in the WTO and international trade law, so much that it is a synonym for “normal trade relations”. At the same time, it provides further evidence of a willingness to deviate from MFN in order to achieve policy objectives, an apparent turn, in spirit, to the pre-GATT 1947 era when preferences were bestowed upon favoured countries. The relevance of MFN may only prevail so long as countries continue to value equitable treatment and reducing trade barriers above other considerations. For better or worse, this remains to be seen.

About the author:

Philip Kariam

Philip Kariam is an associate at McMillan LLP, where he practices international trade and investment law. His experience includes working as international trade counsel for the Province of Ontario and as a legal consultant for the World Bank.

He holds an LL.M from Georgetown University, a Master of International Affairs from Sciences Po, a JD from Osgoode Hall Law School, and a BASc from the University of Waterloo.

From the Tuscan hills to the world

By Alexandra Paucescu

Italy has always been one of my favorite family holiday destinations. All our Italian trips were filled with sunny weather, gorgeous sceneries, warm and friendly people and, of course, delicious food… a real threat to my diet… My fascination for this beautiful country, to which we, as Romanians, are strongly related by ancient historical ties, determined me to learn the language and get in touch with Italian expat communities everywhere we moved.

Although I never met her in person, Francesca Andreini captivated me from the very beginning. A cultivated woman, born in Florence and with various artistic interests, she has managed to define her role into the diplomatic world and find her own path, while accompanying her diplomatic husband.

Francesca Andreini and spouse.

From native Florence and the beautiful, beloved hills surrounding it, to Rome and later on to Syria, Senegal, USA and Thailand, there has been a beautiful life journey sprinkled with family events, parables and experiences that completed the marvelous and accomplished woman (also a mother of three) that she is today.

‘My first jobs were in television production and advertising. At that time, my husband joined the Italian diplomatic service. I was fiercely against it at the beginning, the idea of losing my world, my identity, terrified me, but eventually he managed to persuade me. It was not easy for me to adapt to diplomatic life, to find my own sense of purpose. It was a gradual process.’

It takes strength and a determined mind to be able to adapt to such frequent moves. I have often struggled myself to find a meaningful way to express myself, during the diplomatic postings. What also troubles me is the change of role and identity that you feel when you return to your home country, where you have a different status and a different dynamic of life.

Francesca tells me: ‘I had a desire to build something that was truly mine, that could not be taken away from me at each moving. That’s how I began writing, about 15 years ago.  At first, there were stories for a literary review, Zibaldoni, and then my two novels: Nessuno ti può costringere (QuiEdit, 2009) and Primi anni a WDC (Edizioni del Gattaccio, 2015). The latter has also been translated and released in the USA, under the title Under American Skies (New Academia Publishing, 2021). In Rome, I also wrote some screenplays, venturing into a whole new and exciting field. My script, Senza me, received recognition of cultural interest in 2010 by the Ministry of Culture and a grant for its production. In Washington DC I joined a business networking association and co-created ParoLab, a club that promoted Italian literature in the U.S., through a reading group, literary events and book presentations.’

As you are now reading her story, I am sure you can easily understand how active and committed she is to her projects.

‘When I moved back to Rome, my passion for literature translated into creating more cultural events, some literary readings and workshops on creative writing. The latter inspired my video tutorials on “How to overcome writer’s block” (available on YouTube in Italian under the title “Come superare il blocco dello Scrittore”, with English subtitles). In Thailand, I made my past experience available to the Embassy, providing benevolent help on several projects, such as editing an anthology of Italian-Thai short stories and then publishing short videos inspired by them, also producing a documentary about the Italian architectural heritage in Bangkok. In the meantime I’ve been teaching Italian culture and literary history at Chulalongkorn University as a guest lecturer, I’ve continued to contribute to Zibaldoni and have occasionally held some conferences both in Italy and Thailand.’

I can see that her years abroad have been extremely dynamic and fulfilling. But that’s because she made them this way and turned the downsides of diplomatic life into her advantages. Francesca says: ‘I always managed to find my own space, to give life to my own projects. It was indeed very time and energy-consuming having to start all over again at each new posting but, on the other hand, every country I have lived in has taught me something important, offering me precious opportunities of inner growth.

The most common false stereotype is that diplomatic life is easy, with plenty of comfort and luxury.

It is in many ways a difficult life, requiring sacrifices on a personal level, especially from spouses. Giving up your career, the job which defines you socially and provides you with independent revenue, in exchange for a gregarious role, is not easy. The diplomatic career often takes you to countries where daily life is difficult, where there are dangers and diseases you are not used to. And then, there is the difficulty of being far away from one’s country, one’s family and old friends. When my parents grew old and my mother became ill, living on the opposite side of the ocean was a cause for enormous stress for me.

While the role of a spouse is very important, it’s generally underestimated and usually taken for granted that we are there and provide all the support we can to our consorts. We don’t usually receive any kind of training, guidelines or support from our own country. On top of re-organizing the life of the entire family abroad, spouses often have a busy schedule that includes events they hold themselves. In addition, through their informal contacts, spouses are often able to create a network of acquaintances which can be quite valuable for their consorts. In short, being a diplomatic spouse is a real profession that requires care, commitment, time and skills. It is unfortunate that it does not have a proper recognition.’

Wise words coming from years of experience and also, no doubt, from a strong and wise philosophy of life… in her own words… ‘my strength is having a soft spot for everything’.

About the author:

Alexandra Paucescu


Alexandra Paucescu-
 Author of “Just a Diplomatic Spouse” Romanian, management graduate with a Master in business, cultural diplomacy and international relations studies.

She speaks Romanian, English, French, German and Italian,  gives lectures on intercultural communication and is an active NGO volunteer.

To Overcome Climate Change Crisis and Hungry in the Middle East and Africa

By Mostafa Sayyadi & Michael J. Provitera

When the sun comes up, the darkness gets bright. We see this nightmare almost constantly. Crises leave a dull que that appears in nightmares that carry throughout the day. People often feel that they are thirsty and run down, with no water to drink, and no one to help but onlookers in despair. Many countries are looking to save themselves from this crisis while slight problems surface daily in the most developed countries. Perhaps the world is getting closer to realizing this dream.

A few months ago, alarming news of Russia’s invasion of Ukraine spread through official news agencies. Many people in the Middle East and Africa were watching this great crisis with concern for their own states. A crisis that may be a terrible spark for much bigger crises such as hunger and war over available resources was not on their mind at first. For example, while the Egyptian government has said it has wheat reserves for the next four months only, the Egyptian people are wondering what to need to do next. The dread of an imminent nuclear war may satisfy a small population in these countries. The last resort is unwelcomed by any means. Without help from developed countries, these hungry and frustrated people may never be able to cope. They do not have an airplane to board, nor hope to even hang on to its wheels. An example of what happened to desperate Afghans fleeing the situation is a statement that appears in the minds of many.

At this point, how important are the people of the Middle East and Africa to developed countries? Many of these people are now drowning in a sea of despair and fear of hunger and war. Many of these people have had the chance to immigrate to developed countries. And the large population in the form of the refugee crisis has caused a new crisis in the world called the refugee crisis. And many cannot even leave their families and go to sea. They break down every day for fear of a worse future. War needs to full-stop and humanity crisis donations need to surface. Wasted money on ammunition for what?

Perhaps a decade ago, the emigration of a person from these countries was accompanied by a small farewell party. There was still hope for improvement. And many were hoping to start small businesses in these countries. But now dreams may seem farther away than ever. Many people in these countries are being deprived of their most basic rights every day. Even having the right to breathe clean air is occasionally gone with the dust crisis that has hit the Middle East and Africa more than ever.

The feeling of betrayal and the unjust distribution of wealth and resources have erased the remnants of hope and aspiration. This frustration is growing. And the broad bureaucratic structures are incapable of solving the current problems and the dire consequences of the Ukraine war crisis, of which hunger is perhaps the most important consequence for the Middle East and Africa. And people are ignored in silence. Focusing on the deprived and harmed is a natural process but not focusing on those being afflicted by the war in Ukraine is worse. Play by play each day we see the news. Yet, what good does this do for the starving and devastated bystanders of this war?

The people of the Middle East and Africa are drowning in fear of the future. More developed countries with smarter policies could help the Middle East and Africa battle the super-challenge of climate change and hungry. Through smarter and more targeted collaborations, especially in the area of climate change crisis, with the Middle Eastern and African universities and educational and scientific assistance to these universities, the Middle East and Africa could highly improve. This improvement may place a smile on the hungry people affected by the Ukraine war. Thus, selling military ammunition, war and even sanctions should be replaced by scientific collaborations and diplomacy. And this even won’t let the next migration crisis be created.

Authors:

Mostafa Sayyadi
Michael J. Provitera