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Begin New Search Political Geography Europe Content Type Journal Article

1441. Al-Skeini and Al-Jedda in Strasbourg

Author:
Marko Milanovic
Publication Date:
02-2012
Content Type:
Journal Article
Abstract:
The article analyses the European Court of Human Rights' recent judgments in Al-Skeini v. United Kingdom and Al-Jedda v. United Kingdom. The former is set to become the leading Strasbourg authority on the extraterritorial application of the ECHR; the latter presents significant developments with regard to issues such as the dual attribution of conduct to states and to international organizations, norm conflict, the relationship between the ECHR and general international law, and the ability or inability of UN Security Council decisions to displace human rights treaties by virtue of Article 103 of the UN Charter. The article critically examines the reasoning behind the two judgments, as well as their broad policy implications regarding ECHR member state action abroad and their implementation of various Security Council measures.
Political Geography:
United Kingdom and Europe

1442. International Courts and the European Legal Order

Author:
Matthew Parish
Publication Date:
02-2012
Content Type:
Journal Article
Abstract:
The growth of a range of different areas of international law gives rise to the possibility of conflict between them. International courts and tribunals created by one branch of international law may be called upon to adjudicate in other areas of the discipline. The risk of conflict presents a particularly acute problem to the EU legal order, because the Court of Justice of the European Union sees itself as the final, and exclusive, authority on questions of interpretation of EU law. On two occasions the Court has issued opinions prohibiting EU Member States from signing agreements creating international courts, because those courts' roles would necessitate construing EU law and their composition would mean they could not guarantee the 'homogeneity' necessary to EU law. The more recent of these opinions, concerning the European and Community Patents Court, sets an unusual legal test for the consistency of international tribunals with the EU legal order that, taken to its logical conclusion, would preclude several well-established international courts and tribunals to which EU Member States are parties. Ultimately this standard may fetter development of EU law, and the ECJ would do well to adopt a more flexible approach.
Political Geography:
Europe

1443. Editorial Note

Author:
Linos-Alexander Sicilianos and Thomas Skouteris
Publication Date:
02-2012
Content Type:
Journal Article
Abstract:
This symposium on interwar international law jurist Nicolas Politis is part of EJIL's long-standing project to reappraise the European tradition of international law. This brief Editorial Note has two aims. First, it casts an inward – if furtive – glance at the enterprise of intellectual history in international law at large. Secondly, it explains the choice of Nicolas Politis as the focus of this symposium as well as the part played by the five essays featured therein.
Political Geography:
Europe

1444. It Only Takes One to Tango

Author:
Moshe Behar
Publication Date:
01-2012
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
Think of a prominent Arab-Jewish scholar who had published dozens of books about themes pertaining to the modern history of his native Middle East (for example Murad Farag or Avra-ham Elmaleh). Imagine further that al-though he did not have a command of Latin, English, French, or German, our heuristic Arab-Jewish author proceeded to write a book about the his-tory of Western European Jewry during the past fourteen centuries, titling it In Jesus' House: A History of Jews in Christian Lands. Would academic presses be likely to entertain publication of such a work? Would scholars of Western European Jewry be likely to view such a text favorably or as being authoritative? These were my first thoughts after reading Sir Martin Gilbert's staggeringly ambitious book, aiming to survey the history of Jews from Morocco to Afghanistan, notwithstanding his lack of Arabic, Persian, or Ottoman Turkish.
Political Geography:
Afghanistan, Europe, Turkey, Middle East, Arabia, and Germany

1445. Middle East Quartet, Statement Urging the Resumption of Israeli-Palestinian Peace Talks, New York, 23 September 2011

Publication Date:
01-2012
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
With the approach of the annual UN General Assembly (UNGA) session and the Palestinians not yet completely de- cided on whether to go ahead with a bid for full membership in the world body, the U.S. in late August 2011 stepped up efforts to avert the move. These included pressure on the Palestinians to accept a proposal by the Middle East Quartet (the U.S., EU, Russia, and the UN) to revive Israeli-Palestinian peace talk in lieu of their statehood bid. U.S. envoys pre- sented several formulas, but the Pales- tinians found them insufficient and not serious, and said that even if a viable proposal were presented, the statehood bid would proceed (see Quarterly Update in this issue for details). The U.S. urged its Quartet partners to issue a statement on reviving talks nonetheless, believing it would give the U.S. leverage to argue that an alternative to the statehood bid still existed through negotiations, and that until all negotiating prospects were exhausted unilateral Palestinian steps should be opposed.
Political Geography:
Russia, United States, Europe, Middle East, Israel, Palestine, and United Nations

1446. Nonviolent Action Strategy: Lessons from Bahrain's Demonstration Movement

Author:
Loghman Fattahi
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
al Nakhlah
Institution:
The Fletcher School, Tufts University
Abstract:
From February 14 to March 16, 2011, a demonstration movement swept Bahrain employing nonviolent action strategy to effect political and economic change in country. The success of a nonviolent action strategy rests on the ability of organizers to maximize the participation of individual and collective actors in the demonstration process. Participation increases the probability of overcoming the state's pillars of power, chiefly its security forces. Maximizing and managing participation is best achieved by building upon and sustaining the three pillars of a nonviolent action strategy: nonviolent unity, planning, and discipline.
Political Geography:
United States and Europe

1447. The Eurozone Crisis and Global Monetary Reform: A Conversation

Author:
Robert B. Zoellick and Sebastian Mallaby
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Cato Journal
Institution:
The Cato Institute
Abstract:
Sebastian Mallaby: We are here to talk to Bob Zoellick. I have been in Washington 16 years, Bob is the personification of the kind of silo busting polymathic energy which says, I am not just interested in international economics, I am not just interested in international relations, I am not just a U.S. government official, I am also going to do multilateral diplomacy. So Bob has been on all sides of those various divides. He has a voracious intellect, so it is always interesting to speak with him whether he is in office or out of office.
Topic:
International Relations
Political Geography:
United States, Europe, and Washington

1448. European Asylum Law and the ECHR: An Uneasy Coexistence

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 and Law
Political Geography:
Europe and Dublin

1449. They Entered without any Rumor. Human Rights in the Belgian Legal Periodicals

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

1450. The EU Charter of Fundamental Rights and its Impact on Labor Law: a Plea for a Proportionality-Test "Light"

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, and Law
Political Geography:
Europe