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1. Myanmar’s Foreign Strategy Toward China Since Rohingya Crisis: Changes, Outlook and Implications

Author:
Jaesoo Park
Publication Date:
08-2020
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Myanmar has crafted a neutral foreign policy since its colonial years to avoid leaning too much on any foreign power, but a spiraling political crisis at home is pushing it toward China as a buffer against international outrage. Myanmar faces charges of genocide against the Rohingya. China has backed Myanmar in the UN. In fact, China is in a similar situation. China is grappling with international criticism over the perceived repression of ethnic Uighur people. Myanmar is exposed to various words and loud in the international community. So Myanmar wants to improve relations with China and is turning into an active cooperative attitude as a strategy to secure a friendly army. This paper shows how the diplomatic relations between Myanmar and China are changing, and how Myanmar’s foreign strategy toward China is approaching. Also, this article analyzes the outlook of diplomatic relations and the implications of the current situation.
Topic:
Diplomacy, Human Rights, Bilateral Relations, Belt and Road Initiative (BRI), and Rohingya
Political Geography:
China, Myanmar, and Indo-Pacific

2. The Impact of the European Court of Human Rights on Justice Sector Reform in the Republic of Moldova

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, and Judiciary
Political Geography:
Europe and Moldova

3. The Narrative of Political Islam: Constitutionalism and Human Rights

Author:
Nikola Gjorshoski
Publication Date:
06-2018
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
One of the essential postulates of political orientation and determination for the building of stable societies and a functioning political system in its content recognizes and imposes the need to examine the relation of relevant political actors to constitutionalism and human rights as concepts and preoccupations for any modern society. Also, constitutionalism and human rights and freedoms as its inseparable category manifest the political values and the corpus of essential and common political goals and commitments of a particular political community. Political Islam as an ideological political subject has its own sources and a valuable orientation framework through which prisms and perceptions can be interpreted or extracted by individual axiological determinants to certain issues. This paper analyzes exactly the relations of political Islam with constitutionalism and human rights, and similarly to the so-called framework it draws attention to the concepts of power, the mechanisms of control and compliance with the Sharia regulations. At the same time, the importance of human rights and freedoms in the Islamic narrative, their nature and scope, as well as the differences with the western established documents in this area are emphasized and analyzed.
Topic:
Government, Human Rights, Islam, Constitution, and Sharia
Political Geography:
Middle East, North Africa, and Global Focus

4. The Scope of Application of the Charter’s Right to Good Administration of the European Union

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, and Political Rights
Political Geography:
Europe

5. General Concept of Extradition and the Tribute of Human Rights in the Republic of Macedonia

Author:
Vesna Stefanovska
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The theories behind extradition, the rule of “prosecute or extradite” and the idea of using due diligence when prosecuting and punishing a criminal offender need to be explored in detail, relying on both customary international law and treaty-based law. Luring fugitives into international waters or cooperating with another state in the frames of the process of extradition are options that may help in bringing fugitives before justice. The Republic of Macedonia among other states has recognized the need for cooperation in criminal matters through the use of extradition as one of the earliest forms of inter-state cooperation in any domain. This paper explains how extradition is governed in the internal legislation of the Republic of Macedonia and the necessary changes which have been made in order to increase the effectiveness of extradition and to preserve human rights from possible violations.
Topic:
Crime, Human Rights, Justice, and Extradition
Political Geography:
Eastern Europe and Macedonia

6. Gender and the Right to Non-Discrimination in International Human Rights Law

Author:
Bistra Netkova
Publication Date:
01-2016
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Discrimination against women based on the fact that they are women is a deeply rooted practice in all societies. However, the level of discrimination varies greatly with the level of development of the given society and strongly influences and vice versa it is influenced by the status of women in a given society. Addressing this gender-based discrimination is a difficult task because it is closely linked to the concept of equality, and the state's action and inactions. The article establishes that the state parties' obligation is to ensure that there is no direct or indirect discrimination against women in their laws, sanctions, and other remedies, and those women are protected against discrimination in the public, as well as, in the private spheres.
Topic:
Gender Issues, Human Rights, International Law, Discrimination, and Affirmative Action
Political Geography:
Global Focus