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2. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?
- Author:
- Steven Blockmans
- Publication Date:
- 05-2023
- Content Type:
- Policy Brief
- Institution:
- International Centre for Defence and Security - ICDS
- Abstract:
- Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
- Topic:
- Human Rights, International Law, European Union, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine
3. Forging European Unity on China: The Case of Hungarian Dissent
- Author:
- Ties Dams
- Publication Date:
- 04-2022
- Content Type:
- Policy Brief
- Institution:
- Clingendael Netherlands Institute of International Relations
- Abstract:
- EU Member states can be divided on China, even on issues such as human rights. Often singled out as an agent of division is the Hungarian government of prime minister Viktor Orbán. Hungarian dissent begs the question: how can the EU move forward on China given Hungary’s strategy of obstructive dissent? European cooperation ought not wait for unanimity, nor should it rely on value-politics: member states should play the power game to circumvent or break lingering impasses. Member States should support setting up a 27+1 Forum as the main platform for European China-policy, form a leading group tackling strategic corruption and corrosive capital, and initiative a track 1.5 dialogue on China with Germany and the Visegrád Countries.
- Topic:
- Foreign Policy, Corruption, Human Rights, and European Union
- Political Geography:
- China, Europe, Asia, and Hungary
4. The geopolitics of technology: How the EU can become a global player
- Author:
- Julian Ringhof and José I. Torreblanca
- Publication Date:
- 05-2022
- Content Type:
- Policy Brief
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- Battles in the digital space have taken centre stage in today’s global power struggles. The EU cannot stay aside. To become a geopolitical actor, the EU needs to learn to play global technology politics and should adopt an ambitious digital diplomacy strategy. A digital diplomacy strategy will enable the EU to better defend its values, enhance its security, and foster digital markets at home and worldwide. To counter Chinese and Russian influence in the technology realm, the EU should build digital alliances with like-minded countries. The EU needs to seek greater convergence with the US and other Western allies, and offer the global south an attractive alternative path to digital development. For the European External Action Service and the European Commission to succeed in this task, the concurrence of the EU institutions, the member states, and a variety of private stakeholders is essential.
- Topic:
- Diplomacy, Human Rights, Science and Technology, European Union, Geopolitics, and Digital Policy
- Political Geography:
- Europe
5. Migration restrictions in the West: Some ethical concerns
- Author:
- Emmanuel Comte
- Publication Date:
- 08-2022
- Content Type:
- Policy Brief
- Institution:
- Hellenic Foundation for European and Foreign Policy (ELIAMEP)
- Abstract:
- Migration policies have divided the world in two groups: the walled world of Western countries and the rest. The EU system of migration control is the most extensive, given that Europe is surrounded by a series of regions with high migration potential. Migration restrictions do not enhance and may serve to reduce the opportunities of the worse-off and, as such, are at odds with international fairness. Negative externalities from richer to poorer countries, triggered by migration policies themselves or monetary or climate policies, make migration restrictions even more unfair. The growth of the migration control system ends up threatening human rights within Western countries. It is necessary to explore all possible ways to reverse migration restrictions and promote more open migration policies.
- Topic:
- Human Rights, Migration, Border Control, European Union, and Refugees
- Political Geography:
- Europe
6. Fragmentation nation: How Europeans can help end the conflict in Yemen
- Author:
- Helen Lackner
- Publication Date:
- 12-2022
- Content Type:
- Policy Brief
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- For eight years, Yemen has suffered a civil war, whose conduct has been exacerbated by outside powers, principally Saudi Arabia and the UAE on one side, while Iran has supported the other. Yemen is a politically, socially, geographically, and religiously fragmented country, including within the two broad areas controlled by the internationally recognised government and the Houthis respectively. Saudi Arabia and the UAE may soon decrease their military interference in Yemen – but their exit could expose divisions in both government and Houthi areas. Yemen was poor before the conflict, but a corrupt war economy has now taken hold, strengthening an array of local power holders, while the Yemeni people slip into ever-deeper destitution. Short-term measures introduced with the support of the international community have failed to stabilise the situation. Europeans should take a longer-term approach to Yemen. They should promote the country’s cause in their diplomacy with Gulf Arab states and make a commitment to economic support, a values-based approach, and an emphasis on human rights in Yemen.
- Topic:
- Foreign Policy, Civil War, Diplomacy, Human Rights, and Armed Conflict
- Political Geography:
- Europe, Middle East, Yemen, Saudi Arabia, North Africa, and United Arab Emirates
7. Back to democracy: Europe, Hamas, and the Palestinian elections
- Author:
- Hugh Lovatt
- Publication Date:
- 03-2021
- Content Type:
- Policy Brief
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- Palestinian elections are on track to take place during the coming months – for the first time in over a decade. The EU and the US have a decisive role to play in ensuring the electoral process succeeds. In doing so, they can support Palestinian political renewal and improve prospects for a sustainable peace agreement with Israel. Within Hamas, moderates have gambled on elections. The movement – along with Fatah – is looking for new avenues for political engagement given the increasingly inauspicious regional and international context. The EU and the US must: commit to respecting the outcome of the Palestinian elections; persuade Israel to support a free, fair, and inclusive process; and pursue a constructive relationship with any new government that pledges respect for democracy, human rights, and international law.
- Topic:
- Human Rights, International Law, Authoritarianism, Elections, Democracy, and Hamas
- Political Geography:
- Europe, Israel, and Palestine
8. Towards cutting-edge European humanitarian leadership
- Author:
- Jean-Louis De Brouwer and Edouard Rodier
- Publication Date:
- 03-2021
- Content Type:
- Policy Brief
- Institution:
- EGMONT - The Royal Institute for International Relations
- Abstract:
- Added to the already enormous challenges faced by the humanitarian system and its constituent parts (proliferation of conflict and non-state actors, climate stress, mass migration, ...), the global Covid-19 pandemic coupled with repeated assaults on the basic tenets of multilateralism have brought existing systems to a breaking point, if not irrelevance. Traditional principled humanitarian positioning has fallen short of engaging with or addressing nefarious global political trends with dramatic effects. The result has been inequitable access to life saving support to those who need it most, risk transfers, and overall reduced capacity for aid agencies to meet growing challenges. A paradigm shift is needed. The imminent Communication of the European Commission on humanitarian aid is an opportunity to clarify perimeters, reaffirm with force the authority of IHL and take the measure of how much the EU can leverage support to strengthen principled humanitarian action across the world. It should set the frame to address structural tensions that require more thinking and interactions and create at EU level a space for non- institutional and informal dialogue.
- Topic:
- Human Rights, International Cooperation, European Union, Leadership, Institutions, Pandemic, and COVID-19
- Political Geography:
- Europe
9. The rule of law in Poland or the false argument about the primacy of European law
- Author:
- Eric Maurice, Emilie Malivert, and Ana Pasturel
- Publication Date:
- 11-2021
- Content Type:
- Policy Brief
- Institution:
- Robert Schuman Foundation (RSF)
- Abstract:
- On 24 November, the Polish Constitutional Tribunal ruled that the European Convention on Human Rights was partially incompatible with the country's constitution. In July and October, it had issued similar rulings on the Treaty on European Union (TEU). This double decision comes as the European Commission suspended the approval of Poland's €36 billion recovery plan, including €23.9 billion in EU grants, due to concerns about the rule of law. On 19 November, the Commission also sent a letter to the Polish government as a prelude to the launch of a procedure that could lead to the suspension of EU funds under the budgetary conditionality regulation. The confrontation between the Polish government and the European institutions, primarily the Commission and the European Court of Justice, has been presented by the Polish government as a struggle of principle between the primacy of European law, which was allegedly being imposed excessively on Member States, with "the national legal order and the supreme force of the Constitution” being under threat. The Polish Prime Minister, Mateusz Morawiecki, explained that the implementation of EU law, as requested by the CJEU, would lead to "a fundamental lowering of the constitutional standards of judicial protection of Polish citizens, and unimaginable legal chaos". Beyond the grandstanding and responses in support of an effort to defend the sovereignty of peoples, it appears that the weakening of these constitutional norms in recent years in Poland is precisely what has led the Constitutional Tribunal to partly denounce the TEU (European Union) and the European Convention on Human Rights (Council of Europe), and that the quarrel over the primacy of European law is essentially a smokescreen to hide this situation.
- Topic:
- Human Rights, Sovereignty, Constitution, Rule of Law, Institutions, and Norms
- Political Geography:
- Europe and Poland
10. The Union’s external borders: a European debate revisited
- Author:
- Stefanie Buzmaniuk
- Publication Date:
- 02-2021
- Content Type:
- Policy Brief
- Institution:
- Robert Schuman Foundation (RSF)
- Abstract:
- The management of the European Union's external borders is the subject of passionate debate in the European Parliament hemicycle and in many different media in Europe. It also features in a decision made by the European Court of Justice (CJEU) on December 17th 2020 stating that Hungary had been violating European law by turning back migrants as of 2015. Following the latest terrorist attacks on European soil, particularly in France and Austria in the autumn of 2020, the question of European cooperation in the protection of external borders has once again came to the fore. The work of Frontex, the European Border and Coast Guard Agency, has moreover been the focus of a debate regarding its practices and also its role in "pushbacks", the illegal refoulement of migrants. These debates are taking place just as Frontex is in full “metamorphosis”, as suggested by its Executive Director Fabrice Leggeri, since the Agency’s budget has increased significantly and its remit progressively strengthened. In a profoundly symbolic gesture, on 11th January 2021, Frontex unveiled its first official uniform: The Agency’s personnel will now be armed, a first in the Union’s history. It therefore seems appropriate to analyse in depth the complexities involved in managing the Union's external borders and to take a detailed look at Frontex's work. What meaning do these borders, which are primarily national in nature, have for the Union as a whole? What is the importance of an Agency like Frontex? Which challenges does it face in its mission? How can trust be restored between the Agency, the European institutions, the Member States, European citizens and migrants who wish to cross the Union's borders? And, more importantly, how do we reconcile the protection of human rights with the protection of borders?
- Topic:
- Human Rights, Migration, European Union, and Borders
- Political Geography:
- Europe