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  • Author: Daniel Campos de Carvalho
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Contexto Internacional
  • Institution: Institute of International Relations, Pontifical Catholic University of Rio de Janeiro
  • Abstract: In this article, we use the notion of legitimacy to analyse shifts in global humanitarian interventions since the 1990s, culminating in the contested adoption of the Responsibility to Protect (R2P) framework under the United Nations umbrella in 2005. We assess how this important shift was disputed with narratives of protection and interference, and argue that the engagement of non- hegemonic actors (specifically Brazil and Russia) with the scope of humanitarian protection has influenced the substantive legitimacy of this global governance issue over the past three decades by creating a norm-making proce
  • Topic: Human Rights, Governance, Humanitarian Intervention, Legitimacy
  • Political Geography: Russia, Europe, Brazil, South America
  • Author: Carlos Espaliú Berdud
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Journal on International Security Studies (RESI)
  • Institution: International Security Studies Group (GESI) at the University of Granada
  • Abstract: In view of the magnitude of the migration crisis, the SEGERICO research group at the Nebrija University in Madrid organised a call for papers, inviting all interested researchers to join us in the reflection on these relevant events, which we wanted to describe metaphorically in the image of the migration crisis knocking on the door of Fortress ‘Europe’. As a result of this reflection, we present to the general public, and to the scientific community in particular, a selection of six articles that address specific aspects of this crisis of human dignity and security, but that together provide a global and multi-faceted image of it, in accordance with the composition of our research group.
  • Topic: Human Rights, Migration, Governance, European Union, Refugees
  • Political Geography: Europe
  • Author: Sonia Boulos
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Journal on International Security Studies (RESI)
  • Institution: International Security Studies Group (GESI) at the University of Granada
  • Abstract: The perception of Islam as antithetical to European human rights values is widespread in Europe. Such perceptions complicate the task of integrating Muslim minorities across Europe. While incrementing respect to human rights norms among migrant communities is an important element of any integration policy, this goal should not be perused by forcing migrant communities to adhere to human rights norms based on purely secular grounds. The drafting history of the Universal Declaration of Human Rights is the ultimate proof that human rights can be justified from different political, philosophical and religious perspectives. While European States cannot compromise their commitment to human rights, even in relation to migrant communities, still, they must allow other narratives on the importance and the meaning of human rights to emerge. Muslim migrant communities must be allowed to engage in intra-group religion-based dialogues to reevaluate their stance on human rights and to debate their meaning. After being given the opportunity to engage in internal debates on the significance of human rights, Muslim migrant communities should also be engaged in cross-cultural dialogues with the rest of community to generate a wider agreement on the meaning and the application of human rights. This two-fold strategy is consistent with the principle of subsidiarity, which suggests that for human rights be effective they must be seen as legitimate by all those small groups that are close to the individual. Such legitimacy cannot be imposed from the outside, it must emerge from within these small groups. However, for these intra-group and cross-cultural dialogues to succeed, the separation of religion and State cannot be understood as the complete exclusion of religion from the public sphere. Individuals of different philosophical or religious convictions must have an equal access to public debates on the centrality of human rights in the European legal order.
  • Topic: Human Rights, Islam, Religion, Culture, Integration
  • Political Geography: Europe
  • 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, Extrajudicial Killings
  • Political Geography: United Kingdom, Europe
  • Author: Severin Meier
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: This article examines the extraterritorial application of the European Convention on Human Rights (ECHR) during international armed conflict. After a brief discussion of the different historic origins of international human rights law and international humanitarian law (IHL), the article examines the test for establishing jurisdiction under Article 1 of the ECHR. A critical analysis of some contentious legal issues regarding derogations completes the picture of when jurisdiction is established. Subsequently, the article considers the interaction between the ECHR and IHL in international armed conflicts and concludes by arguing that a balance must be found between protecting human rights in international armed conflicts while not interfering unduly with IHL.
  • Topic: Human Rights, International Law, Conflict
  • Political Geography: Europe
  • Author: Aleksandra Gryzlak
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: Warsaw East European Review (WEER)
  • Institution: Centre for East European Studies, University of Warsaw
  • Abstract: From the very beginnings of Soviet rule in Georgia, the communists were not very popular throughout Georgian society and treated as occupants. Almost all active forms of resistance ceased to exist after the bloody suppression of the August Uprising of 19241. The massive purge of the Georgian intelligentsia that followed deprived the nation of its patriotic elites. Only after the death of Stalin and in the wake of Nikita Khrushchev’s famous speech in 1956, did the situation change. Khrushchev’s words of accusation and criticism, leveled at Stalin for his cult of personality and other mistakes, were treated in Georgia as an attack on their nation and an element of Russian chauvinism. It gave rise to a series of mass protests in Tbilisi in March 1956, that were brutally dispersed by the army. Approxi- mately 150 people died as a result2. During the 1950s and 60s, Vasilii Mzhavanadze was the leader of the Georgian Com- munist Party. In keeping with Khrushchev’s strategy of somewhat reduced control over the national republics, one could observe a consolidation of power by the ruling elite in Geor- gia3. This led to the spread of corruption, bribery and other illegal economic operations. Despite a weak economy, according to official statistics, the average Georgian’s savings in the 1970s were nearly twice that of the average Russian. Also, during this time, a very high number of educated specialists – who while graduating, did not take job assignments were still able to live reasonably well. Another phenomenon characteristic for the 1950s and 60s was a growing sense of nationalism. Symptoms of this included a relatively small number of national minority representatives able to gain access to higher education in the Georgian Republic, as well as clear-cut Georgian control over local and national party structures. The situation did not change after the fall of Khrushchev.4 Only in the early 1970s, did things start to change. In 1972, the key position of the First Secretary of the Georgian Communist Party was passed to the former Minister of the Inte- rior – Eduard Shevardnadze, who began his rule with a broad campaign against corruption, overgrown bureaucracy, nepotism, and the so-called “second economy” (black market). Harsh administrative methods used in this campaign brought some positive effects – especially in the agricultural sector – but also resulted in a negative reaction from Georgian society5. Shevardnadze was also supposed to fight against growing Georgian nationalism. Campaigns, that condemned such things as reluctance to learn Russian lan- guage and promotion of national chauvinism in culture, were initiated. The teaching cur- riculum of the subject of history was also put under siege by the new authorities.
  • Topic: Agriculture, Communism, Corruption, Human Rights, Nationalism, Culture
  • Political Geography: Europe, Eastern Europe, Soviet Union, Georgia
  • Author: Christopher Datta
  • Publication Date: 11-2019
  • Content Type: Journal Article
  • Institution: American Diplomacy
  • Abstract: To win the Cold War, President Ronald Reagan did something for which he is never credited: he dramatically increased the budget of the United States Information Agency, the public diplomacy arm of our struggle against communism. Senegal, in September of 1999, was about to hold a presidential election. Because of USIA's long history of promoting journalism in Senegal, the embassy decided to work in partnership with the local Print, Radio and Television Journalists Federation to hold a series of workshops on the role of journalists in covering elections. USIA was uniquely organized to promote democratic development through the long term support of human rights organizations, journalism, programs that helped build the rule of law, educational programs that encouraged the acceptance of diversity in society and, perhaps most importantly, through partnering with and supporting local opinion leaders to help them promote democratic values that stand in opposition to ideologies hostile to the West.
  • Topic: Cold War, Diplomacy, Human Rights, Elections, Democracy, Rule of Law, Ideology, Networks, Journalism
  • Political Geography: Afghanistan, Russia, United States, Europe, Iran, Soviet Union, West Africa, Syria, Senegal
  • 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, Multilateralism
  • Political Geography: Africa, China, United Kingdom, Europe, Iran, Israel, Asia, France, Germany, United States of America
  • Author: Floris Tan
  • Publication Date: 12-2018
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: This article examines an underexplored avenue for the protection of the rule of law in Europe: Article 18 of the European Convention on Human Rights. This provision prohibits States from restricting the rights enshrined in the European Convention for any other purpose than provided for in the Convention. In this contribution, the author argues, based on a combination of textual, systematic and purposive interpretations of Article 18, that the provision is meant to safeguard against rule of law backsliding, in particular because governmental restrictions of human rights under false pretenses present a clear danger to the principles of legality and the supremacy of law. Such limitations of rights under the guise of legitimate purposes go against the assumption of good faith underlying the Convention, which presupposes that all States share a common goal of reinforcing human rights and the rule of law. Article 18 could therefore function as an early warning that European States are at risk of becoming an illiberal democracy or even of reverting to totalitarianism and the destruction of the rule of law. The article then goes on to assess the extent to which the European Court’s case-law reflects and realizes this aim of rule of law protection, and finds that whereas the Court’s earlier case-law left very little room for an effective application of Article 18, the November 2017 Grand Chamber judgment in Merabishvili v. Georgia has made large strides in effectuating the provision’s raison d’être. As the article shows, however, even under this new interpretation, challenges remain.
  • Topic: Human Rights, International Law, Rule of Law
  • Political Geography: Europe
  • Author: Judithanne Scourfield McLauchlan
  • Publication Date: 11-2018
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: For this study, I reviewed the judgments of the European Court of Human Rights against the Republic of Moldova and the corresponding reports of the Committee of Ministers from 1997 through 2014. In addition, I interviewed more than 25 lawyers, judges, and human rights advocates. After analyzing the effectiveness of the Court in terms of compliance with the judgments in specific cases (individual measures), I will assess the broader impact of these decisions (general measures) on legal reforms and public policy in the Republic of Moldova. I will evaluate the effectiveness of the decisions of the ECtHR in the context of the implementation of Moldova’s Justice Sector Reform Strategy (2011-2015), the Council of Europe’s Action Plan to Support Democratic Reforms in the Republic of Moldova (2013-2016), and Moldova’s National Human Rights Action Plan (2011-2014). My findings will offer insights into the constraints faced by the ECtHR in implementing its decisions and the impact of the ECtHR on national legal systems.
  • Topic: Human Rights, Reform, European Union, Judiciary
  • Political Geography: Europe, Moldova
  • Author: Irena Cuculoska
  • Publication Date: 02-2018
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: Article 41 of the Charter for Fundamental Rights of the EU guarantees the right to good administration as a fundamental right of the EU citizens. It seems from the wording that Article 41 applies only to the institutions, bodies, and agencies of the Union, without mentioning the Member States. This gives it a narrower scope than that given in Article 51.1 concerning the scope of the Charter as a whole. This paper discusses the question of applicability of the right to good administration regarding the implications of Article 41 in this respect. The doubt that stems from this is whether the content of 51.1 prevails or, on the contrary, it must be ignored and taken as reference to the particular provision in Article 41.
  • Topic: Human Rights, Treaties and Agreements, Governance, European Union, Political Rights
  • Political Geography: Europe
  • Author: Greg Scarlatoiu
  • Publication Date: 04-2017
  • Content Type: Journal Article
  • Journal: International Journal of Korean Studies
  • Institution: International Council on Korean Studies
  • Abstract: North Korea officially dispatches over 60,000 workers to a minimum of 20 countries in Asia, Africa, Europe, and the Middle East. The regime confiscates much of the USD 200 million earned by these workers annually. Despite the known exploitation and hardship, North Koreans continue to covet these positions, which provide rare opportunities to spend time outside the world’s most isolated dictatorial regime and send small amounts of money to their families at home. Only those deemed loyal to the regime as measured by North Korea’s songbun system have access to these jobs. Even those with “good songbun” frequently bribe government officials to secure one of the few positions available. Once overseas, workers labor under harsh and dangerous conditions that border on slavery. North Korea’s pervasive security apparatus continues to survey all activities while spouses and children serve as de facto hostages to prevent defections. The Kim Family Regime’s dispatch of workers amounts to exporting its subjects as a commodity. Efforts to address this issue must be based on applicable international standards. Governments bound by international agreements should first seek redress, as difficult as it may be, before terminating the contracts that cover North Korea’s overseas workers.
  • Topic: Human Rights, Labor Issues, Economy, UN Security Council
  • Political Geography: Africa, Europe, Middle East, Asia, North Korea
  • Author: Daniel Kanstroom
  • Publication Date: 01-2017
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: This article considers the relationship between two human rights discourses (and two specific legal regimes): refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article’s main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article’s basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement), and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states on generally applicable deportation systems, led in large measure by the United States’ radical 25 year-plus experiment with large-scale deportation. Europe has also witnessed a rising tide of deportation, some of which has developed in reaction to European asylum practices. Deportation has been facilitated globally (e.g., in Australia) by well-funded, efficient (but relatively little known) intergovernmental idea sharing, training, and cooperation. This global expansion, standardization, and increasing intergovernmental cooperation on deportation has been met by powerful — if in some respects still nascent — human rights responses by activists, courts, some political actors, and scholars. It might seem counterintuitive to think that emerging ideas about deportation protections could help refugees and asylum seekers, as those people by definition often have greater rights protections both in admission and expulsion. However, the emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons. First, what Matthew Gibney has described as “the deportation turn” has historically been deeply connected to anxiety about asylum seekers. Although we lack exact figures of the number of asylum seekers who have been subsequently expelled worldwide, there seems little doubt that it has been a significant phenomenon and will be an increasingly important challenge in the future. The two phenomena of refugee/asylum protections and deportation, in short, are now and have long been linked. What has sometimes been gained through the front door, so to speak, may be lost through the back door. Second, current deportation human rights discourses embody creative framing models that might aid constructive critique and reform of the existing refugee protection regime. They tend to be more functionally oriented, less definitional in terms of who warrants protection, and more fluid and transnational. Third, these discourses offer important specific rights protections that could strengthen the refugee and asylum regime, even as we continue to see weakening state support for the basic 1951/1967 protection regime. This is especially true in regard to the extraterritorial scope of the (deporting) state’s obligations post-deportation. This article particularly examines two initiatives in this emerging field: The International Law Commission’s Draft Articles on the Expulsion of Aliens and the draft Declaration on the Rights of Expelled and Deported Persons developed through the Boston College Post-Deportation Human Rights Project (of which the author is a co-director). It compares their provisions to the existing corpus of substantive and procedural protections for refugees relating to expulsion and removal. It concludes with consideration of how these discourses may strengthen protections for refugees while also helping to develop more capacious and protective systems in the future.
  • Topic: Human Rights, International Cooperation, Border Control, Refugees, Humanitarian Crisis
  • Political Geography: Africa, United States, Europe, France, South Africa, Germany, Australia, Mexico, Global Focus
  • Author: David J. Bercuson, Hugh Stephens, Robert Hage, Robert Huebert, Stefanie Von Hlatky, Lindsay Rodman, Stephen M. Saideman, Hugh Segal, Vanja Petricevic
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: The Global Exchange
  • Institution: Canadian Global Affairs Institute (CGAI)
  • Abstract: The Global Exchange is the Canadian Global Affairs Institute’s quarterly magazine featuring topical articles written by our fellows and other contributing experts. Each issue contains approximately a dozen articles exploring political and strategic challenges in international affairs and Canadian foreign and defence policy. This Summer 2017 issue covers trade deals, human rights, defense, cybersecurity and more.
  • Topic: Defense Policy, NATO, Human Rights, Territorial Disputes, Cybersecurity, Trans-Pacific Partnership, Free Trade, Transparency, Deterrence
  • Political Geography: China, Europe, Canada, North America, Arctic
  • Author: María Eugenia Cardinale
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: Journal on International Security Studies (RESI)
  • Institution: International Security Studies Group (GESI) at the University of Granada
  • Abstract: This paper will examine two theoretical perspectives about International Security, through the theoretical framework of IR (International Relations) Debates. The focus will be on “thin cosmopolitarianism” and offensive liberalism. Both approaches emphases the linkage between international security and human rights as the core of ideas and practices in the field. International Security has a central role in IR contemporary debates and within them has emerged proposals that pursue the aim of presenting innovative forms and contents for security. Among those approaches experts highlights critical views of cosmopolitarianism and a specific form of liberalism called offensive or interventionist, usually associated with USA security policies. Particularly, this last perspective has not received enough attention in Spanish IR literature. Therefore, the aim of this paper is to review, to compare and to call into question both perspectives, considering that as a basis for analyze international security-human rights relationship.
  • Topic: International Relations, Human Rights, International Security, Liberalism
  • Political Geography: Europe, Spain, United States of America
  • Author: Lorenzo Rinelli
  • Publication Date: 12-2017
  • Content Type: Journal Article
  • Journal: Review of Human Rights
  • Institution: Society of Social Science Academics (SSSA)
  • Abstract: This article theorizes the dynamics that emerge from the intimate relationship between contemporary African migration, liquid borders, and law around the channel of Sicily, between Italy and Libya. There, in the same waters where Ulysses and Aeneas roamed for years, whose epic journeys are considered foundational within the European identity narrative, today the trajectories that migrants boats traverse are disrupting and shuffling the European geographical limits. As a response, states are enacting a policy of containment that renders African migrants’ presence at sea invisible, while criminalizing human solidarity enacted by private organizations as well as individuals. Making use of a legal discourse analysis I will dig the premises behind the antinomic concept of criminal solidarity that emerges today in Europe as a somehow coherent system of thought, shaped by laws, codes of conduct, rules, and rulings. Specifically, by analyzing the rulings of one tribunal in Sicily, I will make an attempt to expose how rigid conceptions of borders naturalize state’s efforts to define the limits of national territory, while conversely, I will consider how the micropolitics of justice are capable of shaping the contours of discourses on current migration.
  • Topic: Human Rights, Migration, Law, Refugees, Borders
  • Political Geography: Africa, Europe, Libya, Mediterranean
  • Author: Bakhrom Babaev
  • Publication Date: 06-2016
  • Content Type: Journal Article
  • Journal: Nowa Polityka Wschodnia
  • Institution: Faculty of Political Science and International Studies, Nicolaus Copernicus University in Toruń
  • Abstract: A roundtable discussion has taken place in Paris to deliberate on the experience of Uzbekistan and France in civil society development The event was organized by the diplomatic mission of Uzbekistan in collaboration with the Institute for Forecasting and Security in Europe (IPSE). Representatives of socio-political, expert-analytical circles and non-state sector of France attended the occasion. Event participants were familiarized with large-scale efforts undertaken in Uzbekistan in encouraging the development of civil society institutions, consolidation of their role and significance in public affairs, in augmenting the socio-economic activity and law culture of the population, ensuring human rights, freedoms and legitimate interests. Organizational and normative measures approved in the framework of implementation of the Concept of Intensification of Democratic Reforms and Formation of Civil Society in the Country triggered keen interest among French experts.
  • Topic: Civil Society, Human Rights, Institutions, Freedom
  • Political Geography: Europe, Central Asia, France, Uzbekistan