In 2021 the International Law Institute was honored to have hosted nine distinguished in-person delegations from the Parliament of Kenya through 2021.

The International Law Institute is proud of a long and constructive relationship with the Government of Kenya extending from the 1980s. Over the many years, ILI has worked constructively to support capacity training, and technical conferences training over 600 Kenyan officials.  ILI values our close relationship and trust our programs continue to contribute to our shared goals promoting promote the effective application of good governance and the rule of law.

ILI Director Kim Phan, developed and delivered each of the 2021 programs. These programs were graciously recognized by the Senate of Kenya: Kenya Senate Formally Commends ILI    [click for article and video] 

ILI would like to thank the expert faculty who contributed to these important training: Reb Brownell (former Deputy Chief of Staff to Mitch McConnell) Hon. Tom Davis (former Chairman of the U.S. House Oversight Committee), Rick Messick, Phil Kiko (former Chief Administrative Officer of the U.S. House of Representatives), Thomas Hicks (Vice-Chairman, Election Assistance Commission), Susan Oursler (former Chief Clerk of the U.S. Senate Foreign Relations Committee). Art Rynearson (former Deputy Legislative Counsel, U.S. Senate), and Kenneth Kraft (former staff on U.S. House Appropriations Committee).

 kenya 2021 1
 Kenyan Senate Committee on Justice, Legal Affairs and Human Rights
May 31 – June 3, 2021 



This distinguished 10 member delegation including the Chairpersons of eight Senate Committees  Guided by teh Justice Committee, conferences focused on a comparative understanding of the U.S. Senate, Legislative Oversight, Administrative Operations of a Legislature, and Elections and Election Disputes, and a site visit to the Maryland House in Annapolis adding to the experiential understanding.  




 kenya 2021 2
Leadership of the Senate of Kenya
Executive Leadership 
 June 7 – 9, 2021



The Honorable Speaker of the Senate of Kenya led an eminent 13 member delegation which included the Senate Deputy Speaker, Senate Majority Leader, Senate Minority Leader, Senate Majority Whip, and Senate Minority Whip. By request the Speaker, point of discussion included Legislative Leadership, Managing the Personalities of a Legislature to get Performance, Working with Senate Leadership, Legislative Oversight of the Executive, and Performance and Functions for Senate Leadership Staff. 




 kenya 2021 3a
Senate Board of Management – Group I
Executive Leadership 
August 9 – 12, 2021 



The Clerk of the Senate of Kenya led an esteemed delegation of 10 members which included the Deputy Clerk, the Director of Legal Services, and the Director of Committee Services, Director of the Parliamentary Service Commission Secretariat, the Director of Legislative and Procedural Services, and the Director of the Senate Legislative Office. The core of our sessions focused on principles of Senate Board of Management, Executive Legislative Leadership, comparative U.S. Senate, Management, Administration, and Service Delivery of a Congress, and Leadership and Decision Making. 




 kenya 2021 4
 Senate Board of Management– Group II
Executive Leadership
August 16 – 19, 2021 



This 10 member delegation led by the Clerk of the Senate included the Deputy Clerk, the Director of the Speaker’s Office, the Hansard Editor, the Director of Finance and Accounting Services, the Sergeant-At-Arms, and the Chief Procurement Officer. Program conferences concentrated on Executive Legislative Leadership and included discussion of the U.S. Senate, Management, Administration, and Service Delivery of a Congress, and Leadership and Decision Making.




kenya 2021 5 
Senate Liaison Committee – Group I
Leadership and Committee Functions 
 August 30 – September 2, 2021



Led by the Chairpersons of the Senate Committees on: Agriculture, Education, Finance and Budget, Labour, Environment and Natural Resources, National Cohesion, and the Vice Chairperson of the Committee on National Security. As the Liaison Committee features Chairpersons of all standing Senate Committees, this program consisted of leadership and committee functions training including Senate Leadership, the Structure and Function of a Senate Committee, and Legislative Oversight. 




kenya 2021 6 
 Senate Liaison Committee – Group II
Leadership and Committee Functions
October 25 – 28, 2021 



This 12  member delegation was led by the Honorable Speaker of the Senate included the Chairpersons of the Senate Committees on: Devolution, Energy, Justice, Health, Trade, and Roads.  Program concentrated on Leadership and Committee Functions, Legislative – Executive Relations and included a high-level panel discussion on the U.S. – Kenya Free Trade Agreement. Speakers on the Panel included the Deputy Head of Mission at the Embassy of Kenya and the President of the Corporate Council on Africa.





 kenya 2021 7
National Assembly Justice and Legal Affairs Committee 
 November 2 – 4, 2021



Led by the Chairperson of the Justice Committee and included eight Members of the Committee along with the Chairperson of the National Assembly Committee on Implementation, this training focused on the work of the Committee including comparative conferences on the structure of the U.S. Congress, Legislative Oversight of the Executive, as well as Roles and Functions of the U.S. House Judiciary Committee.




 kenya 2021 8
 National Assembly of Kenya
Training on Devolution, Legislation and Oversight
November 8 – 12. 2021



This distinguished 9 member delegation consisted of the Chairperson of the National Assembly Committee on Budget and Appropriations and included the Chairperson of the National Assembly Committee on Finance, the Director of the Parliamentary Budget Office, the Director of Finance and Accounting Services, the Director of Legislative and Procedural Services, the Deputy Director of Litigation, the Director of Committee Services, and the Legal Counsel for the National Assembly. This program  focused on financial aspects of the devolution process of Kenya. Topics included an Overview of Congress, Legislative Drafting, the Appropriations Process, and an overview of the US Congressional Budget Office.  




kenya 2021 9 
Deputy Leadership of the Kenya Senate
Executive Leadership and Legislative  
December 7-10, 2021 



Led by Senator Margaret Kamar, the Deputy Speaker of the Senate, the 7 member delegation included the Deputy Majority Leader, the Deputy Minority Leader, Deputy Majority Whip, and the Speaker’s Panel.  This program focused on Executive Leadership and Legislative Training for the Deputy Leadership of the Kenya Senate.

 

The Inter-University Center for Terrorism Studies, the Potomac Institute for Policy Studies, and the International Law Institute present a forum and accompanying report on “Covid-19 and the Role of Technology”.

Further contributions and support were generously provided by the International Center for Terrorism Studies, the University of Maryland,  Instito de Fusion Nuclear Fusion (IFN) “Guillermo Velarde” of the Polytechnical University of Madrid (UPM), Cyber Security and Privacy Research Institute (CSPRI) a George Washington University institute chartered within the School of Engineering and Applied Science, and the International Law Institute.

This forum focuses specifically on “COVID-19 and the Role of Technology” (December 2021) and its experienced lessons anticipating future health and security related challenges nationally and globally. This timely Forum reviews selected successful and new technologies, such as bio-detection, respiratory epidemiology, vaccinations, artificial intelligence, cyber defense, as well as other relevant topics.

Contributions and insights were provided by an invited interdisciplinary panel of academics and practitioners who participated at a special virtual Forum held on June 29, 2021 and administered at the Potomac Institute for Policy Studies. The program of this event began with opening remarks by Dr. Jennifer Buss (CEO, Potomac Institute for Policy Studies). The virtual Forum was moderated by Professor Yonah Alexander (Director of the International Center for Terrorism Studies and Senior Fellow at the Potomac Institute for Policy Studies). Presentations and discussion were offered by Distinguished Professor Rita Colwell (University of Maryland, College Park; Johns Hopkins University, Bloomberg School of Public Health); Dr. Daniel Gerstein (Former Acting Undersecretary and Deputy Undersecretary for the Department of Homeland Security); Dr. Donald Milton (Professor of Environmental Health at the University of Maryland School of Public Health, with a secondary appointment in the Department of Medicine, School of Medicine); Dr. Costis Toregas (Director, Cyber Security and Privacy Research Institute at The George Washington University); Dr. Neil Wasserman (Department of Computer Science The George Washington University); Dr. Eric L. Moore (Director, U.S. Army Combat Capabilities Development Command Chemical Biological Center (DEVCOM CBC)); Dr. Natividad Carpintero-Santamaria (Professor at the Polytechnic University of Madrid (UPM) and General Secretary of the Instito de Fusion Nuclear “Guillermo Velarde”); and Amb. (Ret.) Charles Ray (Former US Ambassador to Cambodia and Zimbabwe). Closing remarks were delivered by Professor Yonah Alexander.

This forum was conducted at the Potomac Institute for Policy Studies.


 
IUCTS Covid Role Technology cover



SPECIAL FORUM: COVID-19 AND THE ROLE OF TECHNOLOGY

DOWNLOAD REPORT HERE

 

Forum Video:

 

 

 

 

 

 

 Sheila Khama            Stuart Kerr 
Sheila Khama
  Director - SK Resources Consulting [Pty] Ltd.
  Stuart Kerr
President - International Law Institute 

 

Shiela Khama, Director of SK Resources Consulting and Stuart Kerr, ILI President joined together on Sheila Khama Extractives Podcast to discuss the "Ecosystem of Negotiations By State and Investors".

The discussion focused on considerations and strategies in planning and carrying out effective negotiations, both domestic and international, to establish both a strong position, but one which optimistically leads to a mutually beneficial outcome for all parties.



You may listen to the podcast here:

Sheila Khama Podcast 
CLICK HERE TO LISTEN TO THE PODCAST 




Ms. Khama is Director of SK Resources Consulting [Pty] Ltd., a Botswana-based natural resources consulting firm.  Prior to SK Consulting, Ms. Khama served as CEO of DeBeers Botswana; and directed the mining units of the African Development Bank and World Bank.

SK Consulting, offers services in mineral, oil and gas policy, governance and sustainability strategies to private and public sector clients.  Other support services include land tenure, PPPs and SMEs development initiatives. Ms. Khama advised boards of extractive companies doing business in and outside Africa. Ms. Khama is an authority on Africa’s geo-politics and the development environment and conduct business at the highest levels of government and industry.

Ms. Khama serves on advisory boards and technical committees of international NGOs, UN agencies, and academic institutions concerned with human development, sustainable exploitation of natural resources and a low-carbon future, notably the United Nations Sustainable Development Solutions Network on Extractives and Land Resources, the United Nations Office of Operations, the Columbia University Sustainable Investments Centre and the former Oxford University Natural Resources Charter.

Ms. Khama has written thought pieces, documented policy tools and coordinated research and cases studies carried out by experts to support fact-based policy reforms in renewable and non-renewable resources.


You may learn about Sheila Khama, SK Consulting, and access Ms. Khama's weekly podcasts through the following: 


     Sheila Khama Extractives Podcast:     https://www.sheilakhama.com/podcast/     *     

     Sheila Khama Weekly Podcasts:         https://www.sheilakhama.com/content-policies/     *
     SK Consulting Website:                       https://www.sheilakhama.com/
     Sheila Khama Twitter:                          https://twitter.com/SheilaKhama

     * Podcasts are also available on Spotify, iTunes, Amazon music and Google


 

 

The Inter-University Center for Terrorism Studies, the Potomac Institute for Policy Studies, and the International Law Institute present a forum and accompanying report on “Covid-19 and the Role of the Military”.

This report offers an overview of mother nature and man-made threats as well as selected perspectives on passive and active military missions during war and peace times.

Contributions are made by 
interdisciplinary academics and practitioners including: Opening Remarks by Dr. Jennifer Buss [CEO, Potomac Institute for Policy Studies]. The Forum was moderated by Professor Yonah Alexander [Director of the International Center for Terrorism Studies]. Presentations and discussion were made by Lieutenant General [Ret.] Vincent Stewart  [20th Director of the Defense Intelligence Agency [DIA]]; Distinguished University Professor Rita Colwell [University of Maryland, College Park; Johns Hopkins University, Bloomberg School of Public Health]; Major General [Ret.] Dr. Mihail E. Ionescu [Professor, National School of Political and Administrative Studies [SNSPA], Bucharest, Romania]; and Ambassador [Ret.] Charles Ray [Former U.S. Ambassador to Cambodia and Zimbabwe]. Closing Remarks were delivered by Gen. [Ret.] Alfred Gray [29th Commandant of the U.S. Marine Corps [1987-1991]; Senior Fellow and Chairman of the Board of Directors and Regents, Potomac Institute for Policy Studies].

This forum was conducted on 
August 23, 2021 at the Potomac Institute for Policy Studies.

 

 IUCTS COVID and Role of Military Report 2021 jpeg
  DOWNLOAD REPORT HERE

 

 

 

 

 

The Inter-University of Terrorism Studies presents:

POST 9/11: TWENTY YEARS OF MULTILATERAL COUNTER-TERRORISM COOPERATION

another in a series of special forums on terrorism, Covid-19, national policies, and international cooperation.


The resort of force and violence by state and non-state actors in the struggle for power within and among nations is as old 
as history itself. Both the strong and the weak have deployed modus operandi capabilities ranging from primitive to modern technologies with profound consequences to the security concerns to the global system.

It is not surprising therefore that two decades after 9/11, terrorism from above and below still continues to cast a worrisome arc of instability and political conflicts over many countries and regions of the world. The debate in democracies over the need to craft effective responses to domestic and international terrorism focuses inter alia on realpolitik coupled with moral and human rights considerations.

For instance, since 9/11 expanded state power in the Unites States, these have included policies such as “Global War on Terror”, “Overseas Contingency Operations”, and other strategic and tactical approaches authorizing the use of military force internally and externally. Additionally, the European Union developed key road maps and tool kits for combating terrorism and securing the national interests of member-states (e.g., prevent, pursue, prosecute, punish, persuade, and protect).

Most recently, the United Nations that began its annual General Assembly session in September 2021, has placed discussion items on its agenda regarding combating and eliminating terrorism as well as maintaining international peace and security.

Mindful of the past and current security concerns, effective multilateral counter-terrorism cooperation requires increased international alliances of like-minded nations through diplomacy and other measures in responding successfully to potential conventional and non-conventional terrorist threats in the remainder of the 21st Century.

In this context, the Inter-University Center for Terrorism Studies (IUCTS), the Potomac Institute for Policy Studies (PIPS), the International Law Institute (ILI), and other academic partners organized the virtual academic Forum on “Post 9/11: Twenty Years of Multilateral Counter-Terrorism Cooperation” held on September 09, 2021.

The program of this event began with opening remarks by Professor Don Wallace, Jr. (Chairman of the International Law Institute) and Dr. Jennifer Buss (CEO, Potomac Institute for Policy Studies). The virtual Forum was moderated by Professor Yonah Alexander (Director of the International Center for Terrorism Studies). Presentations and discussion were by Dr. Raffi Gregorian (Deputy to the Under-Secretary-General & Director, United Nations Office of Counter-Terrorism), Gen. (Ret.) Wesley Clark (Former NATO Supreme Allied Commander), Amb. (Ret.) Stuart Eizenstat (Former Senior Official with Three US Administrations and Ambassador to the European Union), Hon. Richard Prosen (Deputy Director, Office of Multilateral Affairs, Bureau of Counter-terrorism, U.S. Department of State), and Distinguished University Professor Rita Colwell (University of Maryland, College Park; Johns Hopkins University, Bloomberg School of Public Health). Closing remarks were delivered by Gen. (Ret.) Alfred Gray (29th Commandant of the U.S. Marine Corps (1987-1991) and Chairman of the Board of Directors and Regents, Potomac Institute for Policy Studies).

This event is the latest Forum on inter-disciplinary health and security threats mounted within the academic framework of 2021 programs.



THE FULL REPORT MAY BE DOWNLOADED HERE

 

 

 

 

 



 

 

 

The Senate of Kenya invited Kim Phan, ILI Director of International Relations to the Senate Chambers on September 7, 2021.  The Senate of Kenya publicly recognized and appreciated the International Law Institute and Ms. Phan for the training programs that ILI has conducted for the Senate.  Since May of 2021, ILI has conducted five in person trainings for the Senate of Kenya. 

These training programs include: Executive Leadership training for the Leadership of the Senate, Leadership and Committee Functions for the Senate Liaison Committee, Leadership and Administration for the Senate Board of Management Group 1 and 2, and Legislative Issues for the Committee on Justice, Human Rights, and Legal Affairs.

After the recognition of ILI by Deputy Speaker Margaret Kamar; the Deputy Minority Whip Senator Beatrice Makori Kwamboka spoke about being in the ILI Leadership course and how she had benefited and will be implementing the lessons she learned. The Senate Majority Leader Senator Samuel Poghisio joined in on a word of thanks and declared that he was a student of ILI.

 

 



 Manuj Bharwaj
MANUJ BHARDWAJ




The International Law Institute is proud to announce the addition of Mr. Manuj Bhardwaj as an advisor on India including law, policy, climate, and economics.  In addition to his counsel on India specifically, Mr. Bhardwaj will continue to collaborate with ILI on programs and international conferences focused on India, South Asia, climate, and trade.

Manuj Bhardwaj is an international lawyer, policy negotiator and strategist for the sovereign states at International Courts, Tribunals & Multilateral Forums. He specializes in international trade & investment, climate policy & governance, strategic affairs and foreign policy. Until recently, he was worked as the Head of Climate Governance, Energy and Trade Policy Advisory at BSM Legal Advisors & Strategy Consultants LLP.

He has advised organizations and businesses with market entry & profitable expansion strategies. He has been a part of various multilateral negotiations on trade, investment, climate change and foreign policy. Manuj has substantial and sizeable knowledge of economic affairs, business development, legal & policy issues, strategy shaping, international trade & investment, climate change law and international relations. He has experience of working with range of governmental, inter-governmental, non-governmental organizations and educational institutions on strengthening India's bilateral relations in the areas mentioned above.

He is passionate about climate issues and is researching on how economic growth & climate action can prevail together for the developing and under-developed countries. His research focuses on current international climate policy and energy law topics as well as topics that are at the forefront of public policy and debate. He is working on providing an overview of the modern legislative and regulatory framework, and how federal and state regulators and policy leaders work cooperatively (or uncooperatively) to balance economic, environmental, and societal values. His study on The Importance of Climate Justice has been published by Connect4Climate which is a global partnership program of the World Bank Group and the Italian Ministry of Environment, Land and Sea, together with the German Federal Ministry for Economic Cooperation and Development. The same has been quoted by various universities and professors in their books and journals.

He is also a regular invitee to heads of states meetings, diplomatic missions, international conferences and policy dialogues such as Commonwealth Heads of Government Meeting 2018 in London (UK), UNFCCC's COP 23 in Bonn (Germany), Commonwealth Secretariat's Observer Mission to Sierra Leone for General Elections and UNCTAD's World Investment Forum 2018, Geneva to name a few. He has led high-level delegations to the US and UK. He is also the Co-Chair of "The India - UK Legal Exchange Programme" an initiative by Indian and UK law firms in partnership with various other regulatory & government institutions including The Law Society of England & Wales and Members of House of Lords & House of Commons, UK Parliament. Manuj was also the convener of International Conference on Trade & Investment Law (TRAIL) 2019 in New Delhi organized by United Nations Conference on Trade & Development (UNCTAD) in partnership with Ministry of Commerce & Industry, Government of India and The Commonwealth Secretariat. He has also worked at British Parliament in the House of Commons for a short period of time. In 2018, he announced a grant of USD 15000 for young entrepreneurs/start-ups at World Investment Forum organized by United Nations Conference on Trade & Development at UN Headquarters in Geneva. He is a regular speaker & invitee to various international forums of the United Nations on human rights, entrepreneurship, trade & investment and climate change. He is currently the Executive Secretary of The Indian National Association of Legal Professionals (INALP).

Manuj has a Dual Masters (MSc) in Public Policy & Human Development with specialization in Foreign Policy & Development from United Nations University & Maastricht University based in The Netherlands. He has a special interest in curating conferences and capacity-building programs for the Indian legal fraternity in partnership with various national & international organizations. Manuj is an adjunct faculty at a number of law schools in India and abroad. Manuj was also the youngest member of the Commonwealth Secretariat Observer Mission to Sierra Leone’s Presidential Elections. During this mission he had an opportunity to hold various discussions around Climate Action and International Trade with all leading political parties of Sierra Leone, the then President and the Presidential Candidates. He also had the opportunity to discuss these issues with peers from DFID, UNDP, European Union, ECOWAS and the African Union. He is currently based in the US and pursuing his Doctoral research at American University Washington College of Law.

 

 

The International Law Institute is proud to support the establishment of the World Arbitration Update [WAU].

 
 



The World Arbitration Update (WAU) will update the global community on key and novel topics of investment and international commercial arbitration, and public international law in a decentralized forum.

By the end of the 1990s, and even by the end of the 2000s, it may have been possible to keep up to date individually by directly digesting the few investment arbitration awards and main publicly disclosed international commercial arbitration awards.  As 1,138 of the approximately 3,300 investment treaties in force have been invoked in investment arbitrations leading to 96 awards rendered between 2001 and 2010, and 225 awards rendered between 2011 and 2020.  As the use of international commercial arbitration has reached new heights during the last two decades, WAU focuses on providing an international arbitration update focused on key investment and international commercial issues with global and regional impact . 

The WAU panels will follow a dynamic format where a presenter will first provide an update of the issue that the panel will address, including relevant treaty and international customary norms, as well as case law. An open discussion by the panelists,  including practitioners, counsel for investors, counsel for States, arbitrators, officials of international organizations and arbitration centers, and academics, will then follow.  After each panel , there will be a networking space in breakout rooms for panelists and WAU attendees to meet and interact .

WAU connects different regions and the global community, and aims to decentralize and fur ther expand international arbitration and public international law. At WAU, practitioners, States, private parties, arbitrators, international organizations, academics and students have the possibility to engage with each other and nourish the conversation on investment and international commercial arbitration, while being members of a forum that integrates the world through connectivity and precise updates.


WORLD ARBITRATION UPDATE WEBSITE


WAU Brochure 
CLICK HERE TO DOWNLOAD FULL
BROCHURE
 AND PROGRAM DETAILS



EVENT SCHEDULE     
   
DATE   REGION   AGENDA  
           
MONDAY, OCTOBER 11, 2021        AMERICAS      
Enforcement of International Arbitration Awards and Collection of Damages
in Multiple Civil and Common Law Jurisdictions: Japan, Panama, Singapore

and Ukraine.

Arbitration in the Caribbean on Renewable Energy and Climate Change.

North America: The End of NAFTA Chapter 11 - Transition from NAFTA to
USMCA, the Final NAFTA Legacy Disputes, and the Future of US-Mexico
Investment Disputes.
 
 
 
TUESDAY, OCTOBER 12, 2021   AFRICA Middle East North Africa Region: Mega Disputes, Expansion of International
ArbitrationCenters, and a Renewed Interest in Shariah Law as a Foundation
of Applicable Law.

Influencing the Future of the Investor-State Dispute Settlement System

through the Investment Chapter of the African Continental Free Trade
Agreement (AfCFTA).

Investment Arbitration and Mining, Challenges and Opportunities Ahead.
 
 
 
WEDNESDAY, OCTOBER 13, 2021   ASIA & OCEANIA
Current Status of Third-Party Funding in International Arbitration, and its
Development in Multiple Jurisdictions: Australia, Singapore,United Kingdom
and United States.

Controversial Investment Awards Against States in South Asia: Claims of
Corruption, Abusive Treaty Interpretation and Novel Damages Calculations.

China’s Belt and Road Initiative: Dispute Resolution Options and Risk Mitigation.
 
 
 
THURSDAY, OCTOBER 14, 2021 EUROPE
Tension between International Investment Law and European Law: Are EU
Institutions Contributing to or Disrupting the International Rule of Law.

Crisis at the WTO - Can the Dispute Settlement Mechanism be Saved?
The Proposed Multi-Party Interim Appeal Arbitration Arrangement May Be
the Life Preserver.

Assessing Damages in Non-ExpropriatoryBreaches
 
 
 
FRIDAY, OCTOBER 15, 2021 DIVERSE TOPICS Incorporating Obligations on Investors in BITs.

Dual Nationality, and Dominant and Effective Nationality in Investment Arbitration.

Arbitration Boutiques and Solo Practitioners – Can they Compete and Provide
World Class Service in International Investment and Commercial Arbitration?
 
           
           




 

250x250 mehmet nesip ogun a7bbc34c cbef 4d09 9835 6a46a5deb949 

Prof. Dr. Mehmet Nesip Ogun is Rector
[President]


The University of Mediterranean Karpasia in Cyprus
Professor of International Relations and Political Science
with focus of Security and Terrorism Studies.  

 



DID WEST FAIL IN AFGHANISTAN?

Mehmet Nesip Ogun

Throughout NATO’s existence, the first and only invocation of the “Article-5 Collective Defense” clause was originated by a terrorist attack. After the infamous 9/11 terrorist attacks in 2001, a US-led multinational military campaign -Operation Enduring Freedom- began in October 2001. The aim of the operation was to find Osama bin Laden and other high-ranking Al Qaeda members to put them on trial, to destroy the whole Al Qaeda organization, and to remove the Taliban regime which supported and gave safe harbor to Al Qaeda. Nevertheless, Osama bin Laden was killed on 02 May 2011 and some of the members were captured dead or alive by United States and coalition forces. During this operation, the Taliban regime collapsed and Al Qaeda was heavily damaged. On 5 December 2001 at a meeting convened in Bonn, Germany, UN officials came together with Afghan leaders and members of the international community to discuss the country’s future. At the Bonn Agreement it was decided that national security forces would be established and trained with the international help. UN Security Council Resolution 1386 provided for the creation of the International Security Assistance Force (ISAF) and its deployment to Kabul and the surrounding area on 20 December 2001. Hence, the Security Council determined that the situation in Afghanistan constituted a threat to international peace and security.

On 12 January 2002, ISAF began to function and became fully operational on 18 February 2002. NATO’s primary objective in Afghanistan was “to enable the Afghan authorities to provide effective security across the country and ensure that the country can never again be a safe haven for terrorists”. Within this regard, international community wanted to achieve establishment of a secure environment, to assist in building sustainable and functional government, and to support the reconstruction and development process. However, there was a set of obstacles in Afghanistan delaying the efforts of the international community. This paper will analyze international community’s efforts and difficulties that they faced in Afghanistan.

The lack of a well-functioning central government, its distance from Europe and the increasing insurgent attacks that interfere with aid activities were the leading ones. It should never be forgotten that without a stable political environment and viable economy, Afghanistan cannot exist in today’s security environment (we are witnessing it today). It has proved us that without creating a modest level of security it is impossible to achieve diplomatic and economic objectives.

ISAF conducted a population centric counter-insurgency (COIN) strategy in partnership with the Afghan National Security Forces (ANSF) and provided support to the government as well as the international community in security sector reform, including mentoring, training and operational support to the Afghan National Army (ANA) and the Afghan National Police (ANP). Taliban’s taking over the whole country showed international community that ANSF was very weak and wasn’t ready to protect its citizens and the government.

Some member states which committed forces to the ISAF often imposed “national caveat” restrictionson the tasks those forces may undertake. These national restrictions generally prohibit the forces from engaging in combat operations. Furthermore, some governments did not permit their forces to be transferred to the southern and eastern parts of Afghanistan. These caveats were the biggest obstacles for force leaders who tried to operate flexibly with the forces under their command.

Government of the Islamic Republic of Afghanistan (GIRoA) was one of the weakest governments in the world. It was troubled by pervasive corruption and lack of appropriate leadership and human capital. Afghan ministries lacked resources and were all too often permeated by corruption, entrenched bureaucracy and weak leadership. Afghanistan’s recent history was full of terror, violence and turmoil. Therefore, it was very normal for the people to feel insecure and doubting the individuals and groups which were in charge in the government. In order to achieve political goals, it was very important to gain trust of the Afghan people.  Because of the deficiencies in the ANP, the Afghan government was unable to ensure security and justice throughout the country. This resulted in a weakness in the legitimate use of force within the country. Another, and maybe one of the most important, action that weakened the Afghan state in establishing law and order was the significant assistance to local warlords provided by the coalition forces.

Tribal conflicts were also  the other impediment to the unity in Afghanistan. The wars in Afghanistan’s history caused shifts in the ethnic power balance and from time to time the Pashtun majority was challenged by the assertiveness of the minorities. However, the Taliban’s arrival led to a violent re-balancing of power back in favor of the Pashtuns.

The cultivation of poppy was another issue that undermined security. On the one hand, insurgency groups, warlords and criminal organizations surely benefited from the drug trade in Afghanistan. On the other hand, poppy cultivation was the main income source for the farmers in Afghanistan. Hamid Kharzai has underlined that the opium trade was just like a cancer that was even more hazardous than terrorism. The opium business was a widespread phenomenon that previously involved the Taliban and the Northern Alliance. Afghanistan provides most of the heroin (75%) in the global market and a huge amount of this heroin (95%) pours into the European market. Unfortunately, coalition forces in Afghanistan seemed to be slow in comprehending the implications of illicit drugs and their distribution within the country.

The Provincial Reconstruction Teams (PRT) were the main organizational instrument for the ISAF’s contributions to the stabilization and development of Afghanistan. ISAF, through its PRTs, helped the Afghan authorities strengthen the institutions required for full establishment of good governance and rule of law, and to promote human rights. However, ISAF-sponsored reconstruction was largely disconnected from other efforts and most PRTs have failed to engage in a meaningful way with civilian relief organizations.

Two separate systems of education exist in Afghanistan. The older system is a religious one, taught by the mullahs, who conduct schools (madrassas) in the village mosques. They teach the religious precepts of the Koran. The other system was introduced in Afghanistan's 1964 constitution and provided for free and compulsory education at all levels. When Taliban took over control in 1996, the madrassas became the main source of primary and secondary education, with education being banned for girls. After the overthrow of the Taliban in 2001, the interim government received substantial international aid to restore the education system. The education system in Afghanistan, particularly for women and girls, requires a great deal of assistance if schools are expected to function as needed. With the Taliban’s take over the country, international community will see what Taliban is going to do in terms of education system.

In conclusion, security, governance, reconstruction and regional dynamics in Afghanistan carried challenging obstacles to the success of the NATO’s first out-of-Europe mission, which seemed to be a tool for the U.S. and the international community to stabilize the environment in Afghanistan. Nevertheless, this whole operation showed us that the mission was not successful.



__________________________________

BIOGRAPHY

Prof.Dr. Mehmet Nesip Ogun is Rector (President) at The University of Mediterranean Karpasia in Cyprus and Professor of International Relations and Political Science with focus of Security and Terrorism Studies.

He was a visiting scholar at Columbia University in New York in 2016-2017. He held the position of the Dean of the Faculty of Political Science at Girne American University in Cyprus in 2015-2016.

His doctoral dissertation examined terrorists’ use of the Internet. His research focused on the exploitation of Internet by terrorist organizations for their activities, terrorism in general, and propaganda was studied and some solutions were proposed. In addition, social network analysis was used to cover and identify the linkages of terrorist websites along with their contexts affiliated with terrorist purposes. 

During his career, He has been fortunate enough to also serve as a lecturer at North Atlantic Treaty Organization (NATO) Training Centers. He has also contributed to NATO’s Afghanistan and Kosovo Mission. Concurrently, he has taught at several universities and institutions as an adjunct professor. He carried out PhD research at Potomac Institute for Policy Studies, International Center for Terrorism Studies with Prof. Yonah Alexander.

He was also awarded a grant from NATO Emerging Security Challenges Division 68,000 Euro grant to conduct a NATO advanced training course in Macedonia on Terrorists’ Use of Cyberspace. He has edited the lecture presentations from that program in a book that was published by NATO IOS Press, Terrorist Use of Cyberspace and Cyber Terrorism: New Challenges and Responses.

He has organized and conducted a NATO Lessons Learned Workshop on NATO’s Counterterrorism and Counterinsurgency Experience in Afghanistan in November 2014. He has edited the proceedings of the workshop and NATO has published it on October 2015. 

He has extensively published books and articles on International Relations and Security Studies.

 

The International Law Institute is proud to offer a two-week seminar entitled Advanced Arbitration and Mediation from November 1st to November 12th, 2021. Course advisor, Ms. Anne Marie Whitesell, was Secretary General of the ICC International Court of Arbitration and is a Professor and Faculty Director of the Program on International Arbitration and Dispute Resolution at Georgetown University Law Center.

In today’s world, litigation is encumbered by high costs, long delays, and its limits in the international sphere. Alternative dispute resolution (ADR), in contrast, has grown markedly more popular in the last few decades as a cost-effective and time-efficient option to solve disputes. According to the Office of the United States Attorney General, ADR is critical for enabling government agencies to resolve disagreements before they escalate into contests that drain resources and impede work. In addition, earlier intervention provides valuable resources to discover systematic problems and creates a crucial opportunity to address needed changes. With a better comprehension of ADR options, government employees are better equipped to attract international business to their country and develop their own nation’s ADR system.

The first week of the seminar will focus on developing participant’s theoretical knowledge by introducing the basics of mediation and arbitration. Topics covered include an introduction to mediation and arbitration and their functional mechanisms, the decisions/awards of arbitrators and how they take effect, and the skills needed to be a successful mediator or arbitrator. The second week of the seminar will focus on developing practical experience through exercises.
The highlight of this week will be a simulated arbitration exercise. Participants will be given a hypothetical case and will make arguments as claimants and respondents. Experienced arbitrators will hear the case and provide feedback to participants.

This seminar includes theoretical and practical knowledge, drawing from the diverse instructors. The sessions will first address the theoretical knowledge needed to understand mediation and arbitration before transitioning into practical exercises, where participants will get hands on practice developing the skills necessary to be successful in the ADR process. The diverse backgrounds of participants will also allow for a stronger discussion of how ADR can best be utilized on an international scale.

The goal of this seminar is for participants to develop a stronger sense of what ADR is, how it functions, and how participants can utilize ADR to their professional benefit. This seminar is ideal for anyone who works in a governmental or international field or who works with contracts that may end up in a dispute. Participants will learn how to address disputes and how to draft contracts that prevent disputes in the first place, making the information in this seminar critical for those who work in any of the above-mentioned fields.

For more information on the seminar and the ILI course advisor, Ms. Anne Marie Whitesell, please visit our website here.

 

By: Hannah Emberts