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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
  • Author: Gerald Knaus
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: Journal of Democracy
  • Institution: National Endowment for Democracy
  • Abstract: The autocratic regime of President Ilham Aliyev in Azerbaijan has managed to steal the soul of Europe’s most important human rights institution, the Council of Europe. This article reveals Azerbaijan’s hidden agenda to neutralize the “naming and shaming” strategy of the international human-rights movement, build influence through “caviar diplomacy,” and unleash a wave of repression against human-rights defenders. For the Council of Europe, whose function is to defend the European Convention of Human Rights, to align itself with a regime jailing human-rights activists is unprecedented and deeply disturbing. As the space for human-rights organizations to operate is shrinking in many parts of the world today, the capture of the Council of Europe sends a warning to all supporters of human rights, and not only in Europe.
  • Topic: Diplomacy, Human Rights, United Nations, NGOs
  • Political Geography: Europe, Central Asia, Caucasus, Asia, Azerbaijan
  • Author: Özgür ÜŞENMEZ-Levent DUMAN
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: Alternative Politics
  • Institution: Department of International Relations, Abant Izzet Baysal University, Turkey
  • Abstract: As successive Turkish governments have attempted, AKP too is trying to solve the perennial Alevi problem as part of its broader agenda regarding the question of minorities. However, this paper argues that there are two fundamental obstacles facing Turkey's conservatives in reaching a meaningful solution. First, there is the ontological issue that AKP itself does not represent a radical break with the country's tumultuous past in terms of perception toward Alevis. Secondly, there is the ideological issue that the Sunni majority, who are at the core of AKP's concept of oppressed Muslims, are hardly sympathetic to Alevi rituals or omplaints. Decades long effects of Turkish-Islamic synthesis did not bode well for that effort also. So, any recognition of equal status on religious grounds for Alevis would create a backlash for the ruling party among its rural electorate.
  • Topic: Human Rights, Religion, United Nations, Secularism
  • Political Geography: Europe, Turkey, Asia, Ankara
  • Author: James W. Nickel
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: Like people born shortly after World War II, the international human rights movement recently had its sixty-fifth birthday. This could mean that retirement is at hand and that death will come in a few decades. After all, the formulations of human rights that activists, lawyers, and politicians use today mostly derive from the UN Universal Declaration of Human Rights, and the world in 1948 was very different from our world today: the cold war was about to break out, communism was a strong and optimistic political force in an expansionist phase, and Western Europe was still recovering from the war. The struggle against entrenched racism and sexism had only just begun, decolonization was in its early stages, and Asia was still poor (Japan was under military reconstruction, and Mao's heavy-handed revolution in China was still in the future). Labor unions were strong in the industrialized world, and the movement of women into work outside the home and farm was in its early stages. Farming was less technological and usually on a smaller scale, the environmental movement had not yet flowered, and human-caused climate change was present but unrecognized. Personal computers and social networking were decades away, and Earth's human population was well under three billion.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Political Geography: United States, Japan, China, Europe, Asia, United Nations
  • Author: Andrew Gilmour
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: Ever since the Charter of the United Nations was signed in 1945, human rights have constituted one of its three pillars, along with peace and development. As noted in a dictum coined during the World Summit of 2005: "There can be no peace without development, no development without peace, and neither without respect for human rights." But while progress has been made in all three domains, it is with respect to human rights that the organization's performance has experienced some of its greatest shortcomings. Not coincidentally, the human rights pillar receives only a fraction of the resources enjoyed by the other two—a mere 3 percent of the general budget.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Political Geography: Europe, United Nations
  • Author: Jens Bartelson
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: Sovereignty apparently never ceases to attract scholarly attention. Long gone are the days when its meaning was uncontested and its essential attributes could be safely taken for granted by international theorists. During the past decades international relations scholars have increasingly emphasized the historical contingency of sovereignty and the mutability of its corresponding institutions and practices, yet these accounts have been limited to the changing meaning and function of sovereignty within the international system. This focus has served to reinforce some of the most persistent myths about the origin of sovereignty, and has obscured questions about the diffusion of sovereignty outside the European context.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Political Geography: Europe
  • Author: Bertil Emrah Oder
  • Publication Date: 10-2014
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: This edited volume on European constitutionalism is a compendium of essays with different interpretations on the constitutional authority and nature of the European Union (EU). This issue has faced various challenges in the last decade not only by national courts and referenda, but also vis-à-vis other international and regional actors, such as United Nations (UN) and European Court of Human Rights (ECHR).
  • Topic: Human Rights, International Law, United Nations
  • Political Geography: Europe
  • Author: Haitham Saad Aloudah
  • Publication Date: 10-2014
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Sa researcher interested in Turkish foreign policy and domestic politics, I was very captivated with the book's title as it entails an analysis of the way in which the EU reforms have impacted Turkey's human rights record and development. However, this also raises questions, such as what were the sources of the democratization and human rights reforms? Has the EU been the main force behind such transformation? Or, are there other domestic factors that we need to take into account as well? Such analysis enables us to draw significant conclusions on the development of the role of the police and other government control and protection tools in a human rights' context and evaluate possible causes of such reforms.
  • Topic: Foreign Policy, Human Rights
  • Political Geography: Europe, Turkey
  • Author: Daniela Huber
  • Publication Date: 11-2013
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The momentous changes in the Middle East and North Africa have brought the issue of human rights and democracy promotion back to the forefront of international politics. The new engagement in the region of both the US and the EU can be scrutinised along three dimensions: targets, instruments and content. In terms of target sectors, the US and EU are seeking to work more with civil society. As for instruments, they have mainly boosted democracy assistance and political conditionality, that is utilitarian, bilateral instruments of human rights and democracy promotion, rather than identitive, multilateral instruments. The content of human rights and democracy promotion has not been revised.
  • Topic: Human Rights
  • Political Geography: United States, Europe, Middle East, North Africa
  • Author: Laurens Lavrysen
  • Publication Date: 06-2012
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: During the last two decades the European Union has become a major actor in the field of asylum law. Meanwhile, human rights law, in particular the European Convention on Human Rights (ECHR), has become of paramount importance in this field. This paper highlights certain areas of concern in the European Asylum System from the viewpoint of the ECHR. It particularly focuses on the Dublin II Regulation, the reception conditions and the detention of asylum seekers.
  • Topic: Human Rights, Law
  • Political Geography: Europe, Dublin
  • Author: Sebastiaan Vandenbogaerde
  • Publication Date: 06-2012
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: Legal periodicals offer an opportunity to gaze on the daily pursuits of legal practitioners. By measuring the attention on a certain topic, it is possible to retrace to what extent it was deemed to be important for Belgian jurists. In this particular paper, a closer look will be taken at human rights and their relevance for Belgian legal practice. Therefore, research will be done in one of the most influential periodicals in Flanders: the Rechtskundig Weekblad. The attention on human rights, and more specific the European Convention of Human Rights, can give an impression of the importance of these rights for Belgian, and more specific, Flemish legal practice. As this periodical was preoccupied with the Flemish movement, its 'ideology' also affected its reporting of human rights. Thus, legal periodicals can be found at the crossroads of all actors in the legal world.
  • Topic: Human Rights
  • Political Geography: Europe
  • Author: Herman Voogsgeerd
  • Publication Date: 06-2012
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: Traditionally, fundamental human rights have occupied an important place in labor law. The ILO constitution of 1919 focuses, for example, on the right of freedom of association. Subsequent ILO documents stress other fundamental rights such as the right to non-discrimination in the field of labor. The fundamental rights of the worker did begin to get some attention in the EU too, especially in non-binding documents such as the Community Charter of the Rights of the Worker from 1989. Since the entry into force of the Treaty of Lisbon in 2009, the Charter of Fundamental Rights introduced at the summit in Nice is legally binding to the same extent as the EU Treaty itself. The Charter includes fundamental rights in the field of labor law under the heading 'solidarity'. In this article two basic questions will be addressed. The first question will address the 'old' issue of the clash between fundamental (labor) rights and the four economic freedoms of the EU, which are seen by the ECJ as of fundamental nature as well. Since the seminal cases of Viking and Laval, a lot has been written about this theme by both European and labor lawyers. I will not revisit the literature that has been written about these cases, but the more dogmatic issue of a (potential) clash between the four economic freedoms and the fundamental rights is still in need of clarification. The second question is whether the fundamental human rights will get a more important place in the case law of the European Court of Justice now that the Charter of Fundamental Rights is of binding character, or, will there be just a continuation of the already developed relationship between fundamental freedoms and rights or between two different kind of fundamental human rights? I will focus here on case law in the field of labor law. The article will finish with a plea for a proportionality test 'light' in order to limit the interference of EU law with the essence of fundamental rights.
  • Topic: Economics, Human Rights, Law
  • Political Geography: Europe
  • Author: Anna Stahl
  • Publication Date: 03-2011
  • Content Type: Journal Article
  • Institution: German Institute of Global and Area Studies
  • Abstract: In recent years, both the European Union (EU) and the People's Republic of China (PRC) have considerably stepped up their presence in Africa, including in the field of peace and security. This article discusses how the EU's and China's understanding of governance and sovereignty affects their respective security strategies in Africa. It argues that although European and Chinese rhetoric significantly differs in terms of the doctrines of sovereignty and governance, the conventional wisdom of two competing security models is inaccurate. As a matter of fact, Brussels and Beijing pursue converging security interests in Africa, a fact that can open the door for coordinated Sino-European crisis management efforts.
  • Topic: Human Rights, Sovereignty
  • Political Geography: Africa, China, Europe, North America
  • Author: Dario Castiglione
  • Publication Date: 04-2011
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Although the analysis offered in this book is not very innovative in its details, the overall project is of some originality. Andrew Williams's main contention is that the EU project has developed its own institutional ethos, and that this is the product of both the entrenchment in European public discourse of a number of values, and of the way in which the European legal system (and its underlying philosophy) promotes and protects such values. Williams, however, is critical of the particular ethos that to date has supported the EU polity since he finds it partly incoherent in the articulation of its central values, and relatively uncommitted in the way in which it sustains them. The ethos's incoherence lies, in his view, in the way in which the values at the heart of the EU project are both ambiguous and indeterminate; while the lack of commitment is the product of the half-hearted way in which the institutional framework (in particular European law) supports a public philosophy for Europe, while functioning more as a prop for European governance.
  • Topic: Human Rights
  • Political Geography: Europe
  • Author: Necati Polat
  • Publication Date: 10-2011
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: This piece is on a number of critical rulings issued recently by high courts in Turkey in brazen disregard of the discourse of human rights, to which a growing commitment appears paradoxically to be the case in democratic politics. The bureaucratic authority that characterizes the dissipating old regime in the country is often associated with the military. Yet the civilian bureaucracy, in particular the high judiciary, with justices long handpicked from among the legal elite with a disdain of democratic politics, has been just as crucial in sustaining the old order molded by anachronisms of the 1930s, when the regime that defines this order, Kemalism, emerged in concerted thinking with authoritarianisms prevalent in Europe at the time. The overhaul of the system of high courts from 2010 has clearly been momentous in seeking to bring the judicial establishment into line with democracy and human rights. Still, the settled reflexes seem on the whole to be resilient in dictating the outcome in crucial cases, rendering the transformation both sluggish and painful.
  • Topic: Human Rights, Politics
  • Political Geography: Europe, Turkey
  • Author: Julian M. Lehmann
  • Publication Date: 09-2011
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: In light of recent events causing people's movement into Europe, continued misuse of the term “migrant” in policy making and public discourse, and at the occasion of events celebrating the international regime of refugee protection, the human rights protection of irregular migrants is explored in relation to irregular migrants' entry/admission and expulsion/deportation. The term “migrant” has, in contrast to the term “refugee”, no bearing on whether or not an international migrant has a need for international protection. While many irregular migrants have no such need, other migrants may be refugees or be in need of international protection “outside” the framework of the 1951 Convention relating to the Status of Refugees. The paper analyses the international human rights law framework applying to individuals with and without need for international protection, when their claims have a socio-economic dimension. The principle of non-refoulement remains the most important source of protection for irregular migrants; it is not concerned with the irregular status of a migrant and also has a bearing on procedural rights in status determination. Socio-economic motivations for flight are not a bar to being a refugee within the meaning of the 1951 Convention, if their underlying cause is persecution, or if motives are mixed. Refugee law can accommodate such claims and overcome a strict dichotomy but is currently only rarely and restrictively applied in this regard. In expulsion cases, virtually only the prohibition of torture, inhuman or degrading treatment is relevant. For individuals that have no need for international protection there are mitigating individual circumstances which a state has to take into account. All pertinent norms of international human rights law apply without distinction and irregular migrants may have, just as refugees may have, humanitarian needs that states should meet.
  • Topic: Human Rights
  • Political Geography: Europe
  • Author: Vladislava Stoyanova
  • Publication Date: 09-2011
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: The international legal framework regulating the problem of human trafficking contains the presumption that the return of victims of human trafficking to their countries of origin is the standard resolution for their cases. However, victims might have legitimate reasons for not wanting to go back. For those victims, resort to the legal framework of the European Convention on Human Rights could be a solution. I elaborate on the protection capacity of Article 3 when upon return victims face dangers of re-trafficking, retaliation, rejection by family and/or community and when upon return to the country of origin victims could be subjected to degrading treatment due to unavailability of social and medical assistance. In light of the Rantsev v. Cyprus and Russia case, I develop an argument under Article 4 that states cannot send victims to those countries which do not meet the positive obligations standard as established in the case. Article 8 could be relevant: first, when the level of feared harm in the country of origin does not reach the severity of Article 3 but is sufficiently grave to be in breach of the right to private life and engage the non-refoulement principle, and second, when the victim has developed social ties within the receiving state and the removal will lead to their disruption.
  • Topic: Human Rights
  • Political Geography: Russia, Europe
  • Author: Ergun Özbudun
  • Publication Date: 04-2010
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: This article deals with a recent opinion adopted by the Venice Commission at its meeting on March 12-13 concerning the legal status of non-Muslim religious communities in Turkey and the right of the Orthodox Patriarchate of Istanbul to use the title “ecumenical.” On the first issue the Commission points out the difficulties that arise from the lack of legal personality for such communities, especially in matters related to access to courts and property ownership. The Commission urges Turkish authorities to attend to this problem by choosing from the many models of legal personality for religious groups practiced in European countries. On the second point, the Commission observes that the title ecumenical is a spiritual and ecclesiastical matter, and not a legal one. It concludes that unless Turkish authorities actively interfere with the use of such title by the Patriarchate, the simple refusal of the use of this title by Turkish authorities does not amount to a breach of the European Convention on Human Rights.
  • Topic: Human Rights
  • Political Geography: Europe, Turkey
  • Author: Susan Ariel Aaronson
  • Publication Date: 06-2010
  • Content Type: Journal Article
  • Journal: Human Rights and Human Welfare - Review Essays
  • Institution: Josef Korbel Graduate School of International Studies, University of Denver
  • Abstract: Where many see trade policies and agreements as undermining human rights, Emilie Hafner- Burton takes a contrarian and more optimistic view. Her provocative and well-written book, Forced to Be Good: Why Trade Agreements Boost Human Rights, is based on years of qualitative and empirical analysis of the marriage of trade agreements and human rights. She shows that, rather than undermining human rights, Americans and Europeans have developed “mutually binding trade agreements that safeguard people's rights and even impose penalties for violations” (2). Moreover, Hafner-Burton provides an illuminating analysis as to why developing countries might accept increased human rights conditionality. She concludes that acceptance of human rights conditionality illustrates an “extraordinary political conversion in the way governments manage trade”.
  • Topic: Human Rights
  • Political Geography: America, Europe
  • Author: Dhananjay Tripathi
  • Publication Date: 09-2010
  • Content Type: Journal Article
  • Journal: Alternatives: Turkish Journal of International Relations
  • Institution: Center for International Conflict Resolution at Yalova University
  • Abstract: The European Union in contemporary international relations is presumed as a regional organization dedicated for promotion of human rights, rule and law and governance. The EU has an image of a normative international power but contrary to it several issues in past raises serious questions on its liberal political, social and organizational structures. Roma population is the single largest ethnic minority in Europe but lately faced several problems. The decision of the French government to deport Roma settlers from its territory led to intense debate on human right issues in the EU. This article focuses on the debate and how it is linked with overall international impression of the EU.
  • Topic: International Relations, Government, Human Rights
  • Political Geography: Europe
  • Author: Yüksel Metin
  • Publication Date: 10-2010
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: Uluslararasi Iliskiler
  • Abstract: In this study, through the concept of positive obligation, the reproductions of positive obligations are clarified, and the positive obligations that the European Convention on Human Rights have imposed on the state parties within the framework of the protection of life and health are presented. At the same time, the approach of the European Court of Human Rights towards protection and use of the rights in the Convention in an effective manner is emphasized. The case law of the European Court of Human Rights is used in ascertaining the positive obligations of the Contracting Parties within the area of protection of life and health.
  • Topic: Health, Human Rights
  • Political Geography: Europe
  • Author: Georg Wiessala
  • Publication Date: 05-2010
  • Content Type: Journal Article
  • Journal: International Politics
  • Institution: Palgrave Macmillan
  • Abstract: This article investigates EU foreign policies regarding Human Rights with Asia. The perspective adopted here argues for a consideration of selected, social-constructivist, perspectives. The article emphasizes ideas, identities, values, educational exchange and human rights in EU policy towards Asia. Through a number of case studies, the article demonstrates that there is both an 'enabling' and an 'inhibitory' human rights dynamism in EU–Asia dialogue. The article suggests some ways of translating this into policies. It proposes a more inclusive, 'holistic', understanding of human rights discourse in East–West relations.
  • Topic: International Relations, Foreign Policy, Human Rights
  • Political Geography: Europe, Asia
  • Author: Bronwyn Leebaw
  • Publication Date: 03-2008
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: In the second half of the eighteenth century, epistolary novels became popular in France and England, people began listening to the opera in silence rather than walking around to converse with friends, and efforts were made to prevent theater-goers in Paris from disrupting performances by coordinating their coughing and farting. For Lynn Hunt, these changes in the daily lives of Europeans are intrinsically related to the development of universal human rights. In this rich and beautifully written work, Hunt argues that human rights rely upon our ability to empathize with strangers. The changing habits and experiences of late-eighteenth-century Europe fostered new understandings of individuality and empathy, which would support the expansion of rights.
  • Topic: Human Rights
  • Political Geography: Europe, Paris, France, England