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1. The Return of the Foreign Fighters and Their Families to Their Homeland: Existing Practices and Considerations Regarding Security and Human Rights

Author:
Katerina Christoforaki
Publication Date:
08-2023
Content Type:
Special Report
Institution:
The Centre for Security Studies
Abstract:
The creation of Islamic State of Iraq and Syria (ISIS) has attracted an unprecedented flow of thousands of people from more than 100 countries all over the world to join their cause. After the fall of the so-called caliphate, the countries involved have to deal with the aftermath of the conflict and the future threat of the resurgence of ISIS or other terrorist groups. The people who volunteered and joined ISIS might pose a security threat in the future. This paper aims to examine the different approaches that countries have taken regarding the return of foreign fighters (FFs) and their families who joined ISIS to their homeland. This is a multidimensional and complex matter since it has legal, moral, and political implications, and therefore the decisions in this regard are never unanimous, nor do they come without criticism and opposition. On the one hand, it would be easier to just leave the FFs and their families there, prosecute them there and incarcerate them there. It would also be easier to collect evidence and to have testimonies of the witnesses and the survivors, and also it would keep the potential security threat away from their homeland. However, this would only be beneficial for the countries of origin and in the short term as it wouldn‘t solve the problem of radicalization. In fact, it might fuel it even more, and the proximity of the ISIS member in prisons or in camps could benefit them to rebuild their network and plan future attacks. Moreover, leaving them there would be against all human rights norms regarding the death penalty, fair trial, torture, rights of the child, and more. On the other hand, the return of the fighters and their families could indeed pose a danger to the security of the homeland. Not all of the returnees have committed punishable crimes and for those who have, very often there is not enough admissible evidence to the national courts. In fact, in the case of women and children, the countries are more reluctant to their return because they might have not taken part in the atrocities but that does not mean that they are innocent and bear no responsibility. Complicated is also the case of children and teenagers, some of whom have taken part in the atrocities willingly or unwillingly, some were brought by their families, some traveled alone in order to join ISIS, and some were born under ISIS control and risk statelessness.
Topic:
Security, Human Rights, Counter-terrorism, Islamic State, Foreign Fighters, and Repatriation
Political Geography:
Iraq, United Kingdom, Europe, France, Germany, Syria, United States of America, and Bosnia and Herzegovina

2. The Impact of the Repression in Xinjiang on China’s Relations with Other Countries

Author:
Marcin Przychodniak
Publication Date:
04-2021
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
The policy of repression of Uyghurs in Xinjiang has become a significant element of criticism of China in the world. In March this year, the EU, U.S., Canada, and the United Kingdom imposed sanctions on China over the matter. Moreover, the Netherlands, the U.S. and Canada described China’s actions as genocide. For China, however, its actions involving Uyghurs are a key element of domestic politics, which is why it presents accusations as disinformation. It has imposed counter sanctions, including on the EU, and their wide scope indicates that for China, Xinjiang is more important than, for example, the ratification of the Comprehensive Investment Agreement (CAI) with the EU.
Topic:
International Relations, Genocide, Human Rights, European Union, and Uyghurs
Political Geography:
China, United Kingdom, Europe, Canada, Asia, Netherlands, United States of America, and Xinjiang

3. UN Human Rights Council Elections for 2021-2023 and the Responsibility to Protect

Author:
Global Centre for the Responsibility to Protect
Publication Date:
10-2020
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
Today, 13 October, the UN General Assembly elected Bolivia, China, Côte d’Ivoire, Cuba, France, Gabon, Malawi, Mexico, Nepal, Pakistan, Russia, Senegal, Ukraine, United Kingdom and Uzbekistan to the Human Rights Council (HRC) for the 2021-2023 term. With the elections of Côte d’Ivoire, France, Mexico, Senegal and United Kingdom, 16 of the 47 Council members during 2021 will also be members of the Group of Friends of the Responsibility to Protect in Geneva. The Human Rights Council and its mechanisms – including the Universal Periodic Review (UPR), special procedures and treaty bodies, as well as the technical assistance provided by the Office of the High Commissioner for Human Rights (OHCHR) – all play an essential role in providing early warning of the risk factors that can lead to crimes against humanity, ethnic cleansing, war crimes and genocide.
Topic:
Human Rights, United Nations, Elections, Responsibility to Protect (R2P), and UN Human Rights Council (HRC)
Political Geography:
Pakistan, Russia, China, United Kingdom, Ukraine, France, Uzbekistan, Cuba, Nepal, Mexico, Senegal, Bolivia, Malawi, Côte d'Ivoire, Global Focus, and Gabon

4. Can the European Union Save Multilateralism?

Author:
Mikael Barfod
Publication Date:
05-2019
Content Type:
Journal Article
Journal:
American Diplomacy
Institution:
American Diplomacy
Abstract:
Controversies have abounded, including Palestine and Israel within the UN's Human Rights Council, lack of US support for the International Law of the Sea (since 1994), and the International Criminal Court (since 2002). Collectively, the European Union and its Member States remain by far the largest financial contributor to the UN, providing 30% of all contributions to the budget and 31% of peace-keeping activities in addition to substantial contributions towards project-based funding. 4. Some may object that the European Union has been hampered by the lack of a common position among EU Member States on the future of the UN Security Council (UNSC), where two member-states, UK and France, currently have permanent seats and one, Germany, is desperate to get one.
Topic:
International Relations, Cold War, Human Rights, European Union, and Multilateralism
Political Geography:
Africa, China, United Kingdom, Europe, Iran, Israel, Asia, France, Germany, and United States of America

5. Advancing human rights in Asia through trade after Brexit

Author:
Katarina Schwarz, Todd Landman, and Katrina Peake
Publication Date:
06-2019
Content Type:
Policy Brief
Institution:
Asia Research Institute, University of Nottingham
Abstract:
How can the UK best protect human rights in Asia, an area historically weak in protecting and promoting human rights, when it comes to securing new trade deals after exiting the European Union (EU)? This policy brief assesses potential pathways for the UK to protect human rights in Asia through trade after exiting the EU, accounting for the specific challenges of advancing human rights in the region. It draws on existing practice, with a focus on the EU, to make suggestions for future UK trade policy through both unilateral and bilateral arrangements.
Topic:
Human Rights, Bilateral Relations, European Union, Brexit, Trade, and Trade Policy
Political Geography:
United Kingdom and Asia

6. Advancing Human Rights in Asia through Trade after Brexit: Background Report

Author:
Katarina Schwarz, Todd Landman, and Katrina Peake
Publication Date:
06-2019
Content Type:
Special Report
Institution:
Asia Research Institute, University of Nottingham
Abstract:
Throughout the period of the United Kingdom’s membership in the European Union (EU) and under the status quo, the EU possesses exclusive competence of its Common Commercial Policy. It therefore does not have to consult the UK when developing trade agreements, and the UK’s part in these processes is defined by its role within the EU. The UK alone does not determine the existence, scope, or terms of trade relationships with third countries. However, after exiting the EU, the United Kingdom will exercise more substantial, and ultimate, decision-making power over the nature of trade with external partners. This creates an opportunity for the development and evolution of new, direct trading relationships with countries beyond the EU—relationships that are likely to have increasing significance in the UK economy after withdrawal and over time. As Prime Minister Theresa May recognised in a speech in Florence: "Our relations with countries outside the EU can be developed in new ways, including through our own trade negotiations, because we will no longer be an EU country, and we will no longer directly benefit from the EU’s future trade negotiations." Many aspects of these agreements are open to negotiation, creating new possibilities for the UK to expand its influence in a variety of areas, and to address particular challenges faced within the borders of trading partners.
Topic:
Human Rights, Bilateral Relations, Brexit, Trade, and Trade Policy
Political Geography:
United Kingdom and Asia

7. Avoiding the Legal Black Hole: Re-evaluating the Applicability of the European Convention on Human Rights to the United Kingdom’s Targeted Killing Policy

Author:
Liam Halewood
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In 2015, the United Kingdom (UK) became the first European State to incorporate extraterritorial targeted killing with drones into its counterterrorism framework. This article examines whether the UK’s obligations under the European Convention on Human Rights (ECHR) extend to such operations. Scholars have suggested not, based on a comparison of a drone strike to the circumstances of the landmark Bankovic case, which was inadmissible on jurisdictional grounds. Consequently, the UK policy is perceived as occurring in a legal black.hole outside the purview of the Convention. However, this article argues that the comparisons to Bankovic overlook the uniqueness of targeted killing operations and the context in which the UK policy is utilized. Considering the distinctiveness of the UK policy, this article re-evaluates the applicability of the ECHR and proposes that the European Court of Human Rights (ECtHR) could find a jurisdictional link between the UK and the victims of targeted killing, thereby avoiding the perceived legal black.hole.
Topic:
Human Rights, Military Strategy, Drones, and Extrajudicial Killings
Political Geography:
United Kingdom and Europe

8. Consensus for Action: Towards a More Effective EU Sanctions Policy

Author:
Tom Keatinge and Emil Dall
Publication Date:
11-2018
Content Type:
Working Paper
Institution:
Center on Global Energy Policy (CGEP), Columbia University
Abstract:
Sanctions are a key tool of foreign policy but have taken on greater salience over the last 20 years as governments have reached for leverage in negotiations but foregone the use of force. During this period, the alignment of the design and implementation of sanctions by the European Union and the United States has, on the whole, been an article of faith as the transatlantic allies have pursued mutual foreign policy objectives. Yet despite the consistency of objectives, the bureaucratic structures, technical mechanisms, and processes by which the European Union and the United States design and implement sanctions differ significantly. These differences—always present—have been amplified by the current stresses in transatlantic relations and may be further exacerbated when the United Kingdom leaves the European Union in March 2019. The reasons behind these differences are myriad and touch upon both structural matters (such as the construction of the European Union and the manner in which its member states can enact policy) and more philosophical matters, as the focus on due process and human rights in EU sanctions policy demonstrates. But given the importance of transatlantic ties and cooperation in managing the sorts of problems that sanctions are usually developed to address, it is important for both the United States and the European Union to work through these differences. Toward that goal, this paper provides a European perspective on US sanctions activity, where there are differences in approach, in particular EU attitudes toward secondary sanctions put in place by the United States, and it explains the complications that may result from the United Kingdom’s withdrawal from the European Union. The paper concludes with recommendations for how the European Union can address the challenges it faces in achieving an effective sanctions policy. In short, it recommends the following: The European Union should work through its structural issues to create a more decisive and effective EU sanctions policy. The implementation and enforcement of sanctions at the member state level must be improved, and a formal EU-level sanctions body is needed to independently monitor compliance with sanctions across the European Union. A clear mechanism for ensuring the coordination and effectiveness of EU-UK post-Brexit sanctions policy must be established. The global centrality of both the European Union’s economy and the United Kingdom’s financial sector combine to present a powerful sanctions force and must thus be closely coordinated to ensure maximum effectiveness. The European Union should directly address the matter of human rights exemptions by incorporating it as a key consideration of the EU-level sanctions body identified in the first recommendation. The European Union should establish a clear channel for human rights exemptions throughout the lifetime of sanctions regimes. The European Union should consider its options to address the ability of non-EU actors to abuse EU-originating supply chains and financial services, which represents a considerable sanctions implementation vulnerability. Finally, though US-EU misalignment on sanctions is growing, policy makers must stay seized of the necessity to maintain and improve communications and coordination to prevent current schisms from having serious long-term effects on international security.
Topic:
Foreign Policy, Human Rights, Sanctions, European Union, and Brexit
Political Geography:
United States, United Kingdom, and Europe

9. Ombuds Institutions for the Armed Forces: Selected Case Studies

Author:
William McDermott, Kim Piaget, Lada Sadiković, Mary McFadyen, Riina Turtio, Tamar Pataraia, Aida Alymbaeva, Bogdan Kryklyvenko, and Susan Atkins
Publication Date:
01-2017
Content Type:
Case Study
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Ombuds institutions for the armed forces are key actors in establishing good governance and implementing democratic controls of the security sector. These institutions are tasked with protecting the human rights and fundamental freedoms of armed forces personnel, as well as providing oversight and preventing maladministration of the armed forces. This publication highlights good practices and lessons learned in seven case studies of ombuds institutions for the armed forces from the following OSCE states: Bosnia and Herzegovina, Canada, Finland, Georgia, Kyrgyzstan, Ukraine, United Kingdom.
Topic:
Security, Human Rights, Governance, and Armed Forces
Political Geography:
United Kingdom, Europe, Central Asia, Ukraine, Canada, Finland, Kyrgyzstan, Georgia, North America, and Bosnia and Herzegovina

10. A balancing act: Drug policy in Colombia after UNGASS 2016

Author:
Luis Felipe Cruz and Isabel Pereira
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Dejusticia
Abstract:
This document is the result of a project developed by Dejusticia in cooperation with the Ministry of Justice and Law of Colombia and the British Embassy in Colombia, with funds from the United Kingdom through its embassy in Colombia. During 2016, two historic events were held to reflect about drug strategies in Colombia: the United Nations Special Session on the World Drug Problem (UNGASS 2016) and the signing of the Peace Agreement between the Government and the FARC-EP, which includes the agreement on the “Solution to the problem of illicit drugs”. In light of the commitments made by the Colombian State, there are challenges and possibilities for drug policy reform, particularly when hoping to achieve a better balance between a criminalization perspective and the recognition and guarantee of rights to populations affected by prohibition’s harmful effects.
Topic:
Human Rights, War on Drugs, Criminal Justice, Public Policy, Drugs, and Public Health
Political Geography:
United Kingdom, Colombia, and Latin America

11. The Value of the European Court of Human Rights to the United Kingdom

Author:
Merris Amos
Publication Date:
07-2017
Content Type:
Journal Article
Abstract:
National debates concerning the appropriate role of the European Court of Human Rights (ECtHR) in the United Kingdom (UK) recently intensified with the suggestion by the government that the UK might leave the European Convention on Human Rights system. It has been argued that a British Bill of Rights, to replace the current system of national human rights protection provided by the Human Rights Act 1998, would provide better protection than the ECtHR, making its role in the national system redundant. Claiming that the ECtHR is legitimate and has an impact that is usually illustrated by the transformative power of judgments more than 10 years’ old, have not provided a convincing answer to this claim. In this article, rather than legitimacy or impact, the value of the ECtHR to the objective of protecting human rights through law is assessed. Three different levels of value are identified from the relevant literature and then applied to the judgments of the Court concerning the UK from 2011 to 2015 to determine what has happened in practice. It is concluded that given that the UK government’s objective remains to protect human rights through law, although some types of value are now more relevant than others, overall the potential value of the Court to the UK in achieving this objective is still clearly evident.
Topic:
Human Rights, International Law, and Courts
Political Geography:
United Kingdom and Europe

12. Enduring Uncertainty

Author:
Ines Hasselberg
Publication Date:
03-2016
Content Type:
Book
Institution:
Berghahn Books
Abstract:
Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here – on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance – are important for broader understandings of border control policy and human rights.
Topic:
Human Rights, Migration, Immigration, Border Control, Surveillance, Police, and Resistance
Political Geography:
United Kingdom, Europe, England, and Wales

13. Courting a New Ally in the Quest for Equality: Closing the Implementation Gap between Law and Practice in India

Author:
Jasmine Wyatt
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
The Ambassadors Review
Abstract:
India has a long history of passing laws and signing treaties and conventions focused on eliminating violence against women and ensuring women’s equal rights. Some of the world’s most progressive laws are embodied in India’s Constitution: women had the right to vote and were considered equal citizens since the beginning of Independence—a feat even the United States and Britain did not manage to accomplish. Nevertheless, gender inequality remains a daily reality in India, sometimes with deadly consequences.
Topic:
Gender Issues, Human Rights, History, Governance, and Elections
Political Geography:
United Kingdom, India, and United States of America

14. Bridging Comparative and International Law: Amicus Curiae Participation as a Vertical Legal Transplant

Author:
Anna Dolidze
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
Legal transplants scholarship has thoroughly examined the transnational diffusion of legal institutions. Although Article 38 of the Statute of the International Court of Justice acknowledges that international law draws upon domestic legal systems, the exchange of legal institutions between states and international law has yet to receive similar treatment. This article highlights the process of vertical diffusion – that is, the borrowing of legal institutions between the nation-state and international law. Vertical diffusion takes place in two forms: downward and upward diffusion. Scholarship on the internalization and vernacularization of international law has highlighted the process of downward diffusion. This article offers a theory of internationalization of law and the emergence of internationalized legal transplants. It draws on a study of the internationalization of the amicus curiae participation procedure from the United Kingdom to the European Court of Human Rights. Three main conditions must be present for internationalization: the institution’s structural transformation that results in a law-making opportunity, norm entrepreneurs, and access to the decision-making body. The study of internationalized legal transplants is important to have a more fine-grained perspective on the making of international law. The evidence of the diffusion of legal institutions between domestic law and international law also creates a bridge between international law and comparative law scholarship.
Topic:
Human Rights, International Law, Legal Theory, and Courts
Political Geography:
United Kingdom, Europe, and France

15. The Significance of Burma/Myanmar's By-Elections

Author:
David I. Steinberg
Publication Date:
04-2012
Content Type:
Policy Brief
Institution:
East-West Center
Abstract:
The drumbeat against the process and the potential results of the Burma/Myanmar by-elections of April 1, 2012 for 45 seats (37, or 11 percent in the Lower House of the bicameral legislature; 6, or 4 percent in the Upper House, and 2 in regional bodies) started before the polling began and the votes were counted. Human Rights Watch said they were a step forward, but not real reform. Campaign Burma UK wrote that it was impossible for them to be free and fair. And Aung San Suu Kyi, running for a seat, said they would be neither free nor fair. The plan to undercut their significance before they took place was evident.
Topic:
Civil Society, Democratization, Human Rights, and Political Activism
Political Geography:
United Kingdom, Southeast Asia, and Myanmar

16. The Future of the European Convention on Human Rights after the Brighton Conference

Author:
Antonio Bultrini
Publication Date:
09-2012
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
It is widely recognized that the European Convention on Human Rights has led to the most advanced human rights protection system to date - and represents an important benchmark for several other international bodies. The individual right of application to the European Court, which unlike other human rights treaties is compulsory for State parties, is a unique feature and pillar of the system. However, the European Court is presently overwhelmed by an abnormal caseload: about 150,000 applications are currently pending in Strasbourg. Recent reforms have increased the Court’s efficiency. Yet the British Government has just tried to promote a new reform of the system. This attempt was not entirely disinterested and has led to an unprecedented mobilization by international civil society. The British move has nonetheless triggered a debate on the real challenges facing the European system.
Topic:
Human Rights, Human Welfare, International Law, and Treaties and Agreements
Political Geography:
United Kingdom and Europe

17. Coping with Destitution: Survival and livelihood strategies of refused asylum seekers living in the UK

Author:
Heaven Crawley, Joanne Hemmings, and Neil Price
Publication Date:
02-2011
Content Type:
Working Paper
Institution:
Oxfam Publishing
Abstract:
UK asylum policy has increasingly restricted asylum seekers' access to welfare support, both while their application is being processed and if they are refused. Over recent years, there have been growing concerns about the scale and impact of destitution among refused asylum seekers. It is estimated that 283,500 refused asylum seekers we re living in the UK in 2005, and this number seems likely to have increased (NAO 2005). Existing evidence suggests that many asylum seekers have been destitute for more than six months and a significant proportion for more than two years. This strongly indicates that refused asylum seekers are prepared to face long periods of destitution in the UK rather than returning to their country of origin.
Topic:
Human Rights, Migration, and Immigration
Political Geography:
United Kingdom

18. "Global Justice and Due Process"

Author:
Eric Posner
Publication Date:
12-2011
Content Type:
Journal Article
Abstract:
In his latest book, Larry May argues that two rights—the right to habeas corpus and to non-refoulement—should be incorporated into international law as jus cogens norms. Habeas corpus, which is recognized in the United Kingdom, the United States, and a few other countries with U.K.-derived legal systems, is a legal procedure in which a prisoner can appear in court and challenge the basis of his detention. Non-refoulement is the principle that states should not deport aliens who are unlawfully on their soil if the aliens will be persecuted or abused in the state to which they will be returned. There is currently no right to habeas corpus in international law; most states have agreed to recognize limited rights of non-refoulement. Jus cogens norms are norms of international law that bind states even if they reject them, in contrast to ordinary international legal norms, which require states' consent. Torture, slavery, genocide, and aggressive war are generally thought to be on the list of jus cogens prohibitions, and it is to this group that May wants to add the failure to offer habeas corpus and the deportation of aliens to states where they are likely to be abused.
Topic:
Human Rights
Political Geography:
United States and United Kingdom

19. Effective Investigations under Article 2 of the European Convention on Human Rights: Securing the Right to Life or an Onerous Burden on a State?

Author:
Juliet Chevalier-Watts
Publication Date:
08-2010
Content Type:
Journal Article
Abstract:
Articles 1 and 2 of the European Convention on Human Rights, when read together, require a proper and adequate official investigation into deaths resulting from the actions of state agents, both from the use of lethal force, and also in situations arising from the negligence of agents that leads to a death. The article considers the extent of the obligation to carry out an effective investigation since its explicit recognition by the European Court of Human Rights in the case of McCann and Others v. United Kingdom. The article assesses the jurisprudence of the duty to investigate in order to determine whether the obligation is now placing too onerous a burden on member states in order to comply with their duties under the Convention, or whether the duty does indeed secure the right to life, as is intended. To assess the original proposition, the article considers the jurisprudence of the duty to investigate in relation to the following applications: early forays into the application of the duty; fatalities arising from non-lethal force; the influential quartet of cases arising out of the Northern Ireland troubles; recent judgments concerning cases arising out of the conflict in Chechnya; and finally through to a critical review of the effectiveness of the European Court.
Topic:
Human Rights
Political Geography:
United Kingdom and Europe

20. The Alien Tort Statute of 1789: Time for a Fresh Look

Author:
Gary Clyde Hufbauer
Publication Date:
05-2009
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
In 2007 the Second Circuit Court of Appeals held that US companies that had done business with apartheid South Africa could be found liable for monetary damages under the Alien Tort Statute (ATS) of 1789 (Khulumani v. Barclay Nat. Bank Ltd., 504 F.3d 254 [2d Cir. 2007]). Liability arises, the Second Circuit declared, from their possible connections with human rights violations committed by South Africa during the apartheid era. Firms named in the suit include Bank of America, IBM, Coca-Cola, and General Motors. The governments of the United Kingdom, Germany, and Switzerland all opposed the lawsuit, as did the government of South Africa, which argued that the suit ran counter to its policy of reconciliation. The Bush administration also opposed the suit, but the Second Circuit rejected the argument that the cases could be dismissed for foreign policy reasons.
Topic:
Apartheid, Human Rights, International Law, and International Trade and Finance
Political Geography:
Africa, United States, United Kingdom, America, South Africa, and Germany

21. Piracy, Law of the Sea, and Use of Force: Developments off the Coast of Somalia

Author:
Tullio Treves
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
Attacks against ships off the coast of Somalia have brought piracy to the forefront of international attention, including that of the Security Council. SC Resolution 1816 of 2008 and others broaden the scope of the existing narrow international law rules on piracy, especially authorizing certain states to enter the Somali territorial waters in a manner consistent with action permitted on the high seas. SC resolutions are framed very cautiously and, in particular, note that they 'shall not be considered as establishing customary law'. They are adopted on the basis of the Somali Transitional Government's (TFG) authorization. Although such authorization seems unnecessary for resolutions adopted under Chapter VII, there are various reasons for this, among which to avoid discussions concerning the width of the Somali territorial sea. Seizing states are reluctant to exercise the powers on captured pirates granted by UNCLOS and SC resolutions. Their main concern is the human rights of the captured individuals. Agreements with Kenya by the USA, the UK, and the EC seek to ensure respect for the human rights of these individuals surrendered to Kenya for prosecution. Action against pirates in many cases involves the use of force. Practice shows that the navies involved limit such use to self-defence. Use of force against pirates off the coast of Somalia seems authorized as an exception to the exclusive rights of the flag state, with the limitation that it be reasonable and necessary and that the human rights of the persons involved are safeguarded.
Topic:
Security, Development, Government, and Human Rights
Political Geography:
Kenya, United States, United Kingdom, and Somalia

22. EU Operations and Private Military Contractors: Issues of Corporate and Institutional Responsibility

Author:
Nigel D. White and Sorcha MacLeod
Publication Date:
11-2008
Content Type:
Journal Article
Abstract:
The European Union has developed its security competence since 1992, thus putting pressure on its Member States to provide troops for the increasing number of EU peace operations being deployed to different areas of the globe. But with national militaries being rationalized and contracted the EU will inevitably follow the lead of the US, the UK, and the UN and start to use Private Military Contractors to undertake some of the functions of peace operations. This article explores the consequences of this trend from the perspective of the accountability and responsibility of both the corporation and the institution when the employees of PMCs commit violations of human rights law and, if applicable, international humanitarian law.
Topic:
Human Rights and Humanitarian Aid
Political Geography:
United States, United Kingdom, and Europe

23. Blair, Brown and the Gleneagles agenda: Making poverty history, or confronting the global politics of unequal development?

Author:
Anthony Payne
Publication Date:
05-2006
Content Type:
Working Paper
Institution:
Australian National University Department of International Relations
Abstract:
Tony Blair and Gordon Brown, the United Kingdom Prime Minister and Chancellor of the Exchequer respectively, set out a highly ambitious 'development' agenda for 2005 when it was the UK's turn to hold the Presidency of the Group of 8 and thus host than annual summit, held on this occasion in Gleneagles in Scotland. This agenda embraced issues of aid and debt, trade and climate change. It was given additional prominence by the activities of the Making Poverty History campaign. However, the G8 could never have worked to 'make poverty history' because such an achievement was not remotely within its compass. The details of the agreements reached at Gleneagles and at subsequent international meetings reveal a much less impressive record than the initial hyperbole suggested. The global politics of development is not animated any longer—if indeed it ever was—by what the 'North' is willing to do for the 'South'. It is driven instead by a complex 'global politics of unequal development' into which Blair and Brown's Gleneagles agenda has been swept up. The outcome may represent significant change in some of the patterns of global politics, but it will not mark the ending of poverty.
Topic:
International Relations, Globalization, Human Rights, and Poverty
Political Geography:
United Kingdom and Scotland

24. Access to Information: Jamaica: Building a Culture of Transparency

Author:
Alicia Athié
Publication Date:
06-2006
Content Type:
Working Paper
Institution:
The Carter Center
Abstract:
In passing and implementing the Access to Information Act 2002, Jamaica has established a new and more open form of governance and accomplished what many other countries are still attempting. The Act, which provides citizens an enforceable right to official documents held by public authorities, is key to enhancing democracy, ensuring citizens' participation, and building greater trust in Government decision making. Access to public documents can assist citizens in exercising their other fundamental socioeconomic rights, such as the right to housing, appropriate health care, and a clean and healthy environment, and it can serve to make government more efficient and effective.
Topic:
Government, Human Rights, and Politics
Political Geography:
United Kingdom, South Africa, and Caribbean

25. What Constitutions Can Do (But Courts Sometimes Don't):Property, Speech, and The Influence of Constitutional Norms on Private Law

Author:
Oliver Gerstenberg
Publication Date:
05-2004
Content Type:
Working Paper
Institution:
Minda de Gunzburg Center for European Studies, Harvard University
Abstract:
Against the background of the ECtHR's recent decision in Appleby v UK (a European “counterpart” to the well-known US Supreme Court decision in Marsh v Alabama) the paper addresses, first, the issue of the influence, often perceived as dilemmatic, of human rights norms and constitutional norms on private law. In a second step, then, the paper discusses the promise—and a possible dilemma—of “comparative constitutionalism” as an engine of a more denationalized “constitutional patriotism”: the dilemma that we trade the “closure” of domestic exceptionalism against the new, systemic “closure” of “too much” judicial comity and professionalism, the closure of a new Juristenrecht.
Topic:
Human Rights and International Law
Political Geography:
United States, United Kingdom, and Europe

26. Economic Survey of the United Kingdom, 2004

Publication Date:
01-2004
Content Type:
Policy Brief
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
The performance of the UK economy has been impressive in recent years, underpinned by wide-ranging structural reforms and sound macroeconomic policy frameworks. The OECD projects growth above potential in 2004 and 2005, with unemployment remaining low, but instability stemming from the housing market is a risk. Monetary policy should continue to tighten to reduce future inflationary pressures and the risk of a further sharp rise in house prices from becoming a potential source of fragility. At the same time, the current rigidity of house supply should be eased by reforming land planning, while a reform of the regressive council tax could help to reduce the risk of housing market instability. Over the projection period, government spending will continue to rise as a share of GDP, reflecting the government's ambitious targets in priority areas. Slowing spending growth may be warranted on efficiency grounds: bottlenecks have become apparent, while time is needed to pilot new innovative approaches. More generally, getting incentives right is essential to meet the ambitious service targets. Slowing spending growth would also benefit the public finances. An income-contingent contribution scheme for university graduates is an equitable way forward; other forms of user charges not compromising equity concerns could improve efficiency. Both are preferable to raising taxes. Trend growth has already been boosted by the sharp decline in structural unemployment, but measures are still needed to reduce the number of inactive, especially those on incapacity benefit. While educational performance of students has risen, policy needs to further address the lack of vocational skills as one element in a strategy to reduce the productivity gap with the best performers elsewhere. In this respect, competition is also important. The government has strengthened the competition framework and active enforcement along with the market studies of the Office of Fair Trading and the Competition Commission's market investigations should help to ensure that markets become more competitive. However, planning restrictions and market power are a problem in the retail sector and industry regulators will need to remain vigilant in the electricity, gas and telecom sectors. Ensuring macroeconomic stability, while addressing the remaining weaknesses through further structural reforms offers the prospect of continuing strong economic performance.
Topic:
Agriculture, Economics, Environment, Human Rights, International Organization, and Political Economy
Political Geography:
United Kingdom

27. Continuity as the Path to Change: Institutional Innovation in the 1976 British Race Relations Act

Author:
Erik Bleich
Publication Date:
03-2002
Content Type:
Working Paper
Institution:
Minda de Gunzburg Center for European Studies, Harvard University
Abstract:
Institutional innovation can, paradoxically, be a product of institutional continuity. New institutions often emerge in a bifurcated manner in which formal institutions (such as laws and written rules) are accompanied by informal institutions (such as ideas that motivate and help determine the precise nature of specific policies). When informal institutions include ideas that track policy developments in other spheres or other countries, they can influence innovations in formal institutions. The development of the 1976 British Race Relations Act illustrates this dynamic. When British race institutions were established in the 1960s, they reflected the prevailing idea that British policies should incorporate lessons learned from North America. When Britain revisited its anti-racism provisions in 1976, policy experts looked again to North America and found that much had changed there in the interim. They subsequently altered Britain's formal institutions to include U.S.-inspired “race-conscious” measures.
Topic:
Government and Human Rights
Political Geography:
United States, United Kingdom, Europe, and North America