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1561. The Right to Leave by Sea: Legal Limits on EU Migration Control by Third Countries

Author:
Nora Markard
Publication Date:
07-2016
Content Type:
Journal Article
Abstract:
The EU and its member states are progressively involving third countries in their border control measures at sea. Relevant instruments of cooperative migration control range from capacity building measures to joint patrols in third-country territorial waters and shared surveillance intelligence on ship movements. So far, the discussion on migration control at sea has mainly focused on the illegality of ‘push-backs’ of migrant boats by EU member states to their point of departure. By contrast, the increasing incidence of departure prevention or ‘pull-backs’ by third countries in the service of EU member states has been largely neglected. In particular, such measures raise grave concerns with respect to the right to leave any country, including one’s own. Of central importance during the Cold War, this human right is of no lesser relevance at Europe’s outer borders. This paper explores to what extent departure prevention and pull-back measures are compatible with the right to leave and the law of the sea and discusses the responsibility of EU member states for internationally wrongful acts committed by third countries in such cooperative migration control scenarios.
Topic:
Human Rights, International Law, Migration, Border Control, and Maritime
Political Geography:
Europe and European Union

1562. Asia's Ambivalence about International Law and Institutions: Past, Present and Futures

Author:
Simon Chesterman
Publication Date:
10-2016
Content Type:
Journal Article
Abstract:
Asian states are the least likely of any regional grouping to be party to most international obligations or to have representation reflecting their number and size in international or ganizations. That is despite the fact that Asian states have arguably benefited most from the security and economic dividends provided by international law and institutions. This article explores the reasons for Asia’s under-participation and under-representation. The first part traces the history of Asia’s engagement with international law. The second part assesses Asia’s current engagement with international law and institutions, examining whether its under-participation and under-representation is in fact significant and how it might be explained. The third part considers possible future developments based on three different scenarios, referred to here as status quo, divergence and convergence. Convergence is held to be the most likely future, indicating adaptation on the part of Asian states as well as on the part of the international legal order.
Topic:
International Law, International Organization, History, Courts, and Colonialism
Political Geography:
Japan, China, Europe, India, and Asia

1563. NATO’s Future: A Tale of Three Summits

Author:
Hans Binnendijk
Publication Date:
11-2016
Content Type:
Special Report
Institution:
Center for Transatlantic Relations
Abstract:
NATO tends to make progress on key policy issues and capability from summit to summit. Major shifts in the orientation of the Alliance can be traced to significant summits like London (1990), Washington (1999), Prague (2002), and Lisbon (2010). During the past two years, NATO has held a summit in Wales (4-5 September 2014) and one in Warsaw (8-9 July 2016). A third minisummit is planned for Brussels in 2017. These first two summits taken together again significantly shifted the focus of the Alliance in the face of a series of new and dangerous challenges in the East and South. They shifted NATO’s posture in the East from benign neglect to allied reassurance to some degree of deterrence. The proposed force posture is inadequate to defeat a determined Russian short warning attack. Considerable increases in forward deployed forces (perhaps seven brigades) plus strengthened reinforcements would be necessary for NATO to hold its ground. But the Warsaw formula does provide what might be called “deterrence by assured response.” In the South, Allies recognized the complexity of the threats to Europe and sought to define NATO’s role in dealing with them. The third summit next year in Brussels could set the stage for further progress on both fronts. Much more still needs to be done. But with these fairly dramatic changes, NATO is in the process of once again restructuring itself so that it will not be “obsolete” in the effort to provide security for the transatlantic allies. This paper briefly analyzes 20 key issues now facing the Alliance and highlights the progress made in Wales and Warsaw. It also suggests some directions for the Brussels summit and beyond.
Topic:
Defense Policy, NATO, International Cooperation, and Treaties and Agreements
Political Geography:
Russia, Europe, Brussels, Warsaw, and Wales

1564. The Eastern Question: Russia, the West and Europe’s Grey Zone

Author:
Daniel S. Hamilton and Stefan Meister
Publication Date:
08-2016
Content Type:
Special Report
Institution:
Center for Transatlantic Relations
Abstract:
Russia under Vladimir Putin has become a revisionist power seeking to undo the post-Cold War settlement, control its neighborhood, and disrupt Western influence. By annexing the eastern Ukrainian region of Crimea and waging war in other parts of the country, the Kremlin seeks not only to undermine Ukraine's sovereignty but the European security order. The comfortable verities of the ''post-Cold War era'' are a paradigm lost. The Soviet succession continues to rumble, and a new era has begun - more fluid, more turbulent, more open-ended.
Topic:
Foreign Policy, NATO, Treaties and Agreements, Partnerships, Grand Strategy, Conflict, and Putin
Political Geography:
Russia, Europe, Ukraine, and North America

1565. From the Vatican to Madrid, Paris and Warsaw: “Gender Ideology” in Motion

Author:
David Paternotte
Publication Date:
04-2016
Content Type:
Video
Institution:
Clarke Forum for Contemporary Issues
Abstract:
After decades of steady progress in terms of gender and sexual rights, several parts of Europe are facing new waves of resistance. These oppose the so-called ‘gender ideology,’ and unveil a crucial role of the Roman Catholic Church. This talk by David Paternotte gives an overview of anti-gender movements in Europe.
Topic:
Education, Gender Issues, Religion, Social Movement, Conservatism, Social Justice, and Christianity
Political Geography:
Europe, France, Poland, Belgium, Spain, North America, Vatican city, and European Union

1566. The Ukraine-Russia Crisis and U.S. Policy

Author:
Steven Pifer
Publication Date:
03-2016
Content Type:
Video
Institution:
Clarke Forum for Contemporary Issues
Abstract:
Steven Pifer will address how the crisis between Ukraine and Russia has developed, what it means for the West and the U.S. policy response.
Topic:
Conflict Prevention, Security, Foreign Policy, and Territorial Disputes
Political Geography:
Russia, Europe, Ukraine, North America, and United States of America

1567. Private Security in Practice: Case Studies from Southeast Europe

Author:
Franziska Klopfer, Nelleke van Amstel, Ola Çami Arjan Dyrmishi, Rositsa Dzhekova, Donika Emini, Anton Kojouharev, Marko Milošević, Žarko Petrović, and Mentor Vrajolli
Publication Date:
01-2016
Content Type:
Case Study
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Why and how should private security be regulated? A group of researchers from Albania, Bulgaria, Kosovo, Serbia and Switzerland has been examining these questions as part of a multi-year project called the Private Security Research Collaboration Southeast Europe (“PSRC”) 1 . The interest of the state in interfering with the activities of private security companies is twofold: first, to ensure that basic pillars of the modern democratic state such as the protection of human rights and the democratic order are not threatened. Second, because the stability of the state and the happiness and prosperity of its citizens also depend on factors such as functioning security and economy. In order to better target its regulation of private security, it would therefore be important for the state to know how private security companies (PSCs) impact on a country’s human rights situation, the democratic order, a functioning security and (to a lesser extent) economy. For Private Security in Practice: Case studies from Southeast Europe the PSRC researchers assembled eight case studies that explore the impact that private security has on security, human rights and the democratic order in four Southeast European countries: Albania, Bulgaria, Kosovo and Serbia. Since regulation should not only limit the negative impact but also foster the positive contribution that private security can make, the authors specifically looked at how challenges posed by PSCs could be avoided and how opportunities can be seized.
Topic:
Security, Governance, Law Enforcement, and Weapons
Political Geography:
Geneva, Europe, Kosovo, Serbia, Bulgaria, and Albania

1568. Citizens of Ukraine on Security: Personal, National, and its Elements

Author:
Alla Chernova and Valeriya Klymenko
Publication Date:
01-2016
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
BACK TO RESOURCES CITIZENS OF UKRAINE ON SECURITY SURVEY 2016 Abstract This publication presents the results of a nationwide sociological survey conducted by the Razumkov Centre's Sociological Service in the framework of Ukraine's security governance challenges monitoring project, implemented by the Geneva Centre for the Democratic Control of Armed Forces (DCAF), jointly with Razumkov Centre, with support from the Kingdom of the Netherlands. The survey and the publication were made possible through financial support from the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The assessments and conclusions made by the authors do not necessarily coincide with official position of the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The survey was conducted by the Razumkov Centre's Sociological Service on 27-31 May 2016, in all regions of Ukraine, except Crimea and the occupied territories of Donetsk and Luhansk regions. 2,019 respondents aged above 18 years were polled. The sampling error does not exceed 2.3%.
Topic:
Security, Gender Issues, Human Rights, Sociology, Law Enforcement, Reform, Conflict, and State
Political Geography:
Geneva, Europe, Ukraine, and Eastern Europe

1569. The Complaint-Handling System and Civilian Oversight of the Palestinian Security Sector

Author:
Mahmoud Alawna, Nora-Elise Beck, Vlatko Cvrtila, Fatima Itawi, Saša Janković, Arnold Luethold, Frederic Maio, and Felix Tusa
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This working paper aims to support the ongoing efforts of the Palestinian executive authorities, security forces, independent institutions, civil society organisations (CSOs) and the media to strengthen the Palestinian complaints system. It identifies deficits in the complaints system of the Palestinian security sector and proposes recommendations to rectify them. It particularly stresses the need to improve coordination between the vast number of complaints units and calls for greater clarity on the role of civil society and the media. It hopes to raise awareness for these issues among Palestinian decision-makers and citizens and international actors. When fully functioning, the complaint handling system can be an effective source of information for the government to improve its performance and develop its services. The paper builds upon the discussions of the complaints working group, consisting of Palestinian government officials and representatives of the security forces, civil society and the media. DCAF presented the recommendations to senior Palestinian decision-makers in late September 2016, providing these with cases of international best practice.
Topic:
Security, Civil Society, Human Rights, Governance, and Law Enforcement
Political Geography:
Geneva, Europe, Palestine, and West Bank

1570. Democratic Civilian Control and Military Crisis in Ukraine: Legislative Aspects

Author:
Philipp Fluri and Valentyn Badrack
Publication Date:
01-2016
Content Type:
Book
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
The events of 2014 underlined key challenges facing the oversight of the security sector in Ukraine. As a result, a series of legal amendments were initiated on a preliminary basis in order to address democratic control and security sector reform issues. Although some of the legislative gaps revealed by the current crisis have been addressed, this publication outlines the need for further measures to repair the system of civilian control over the armed forces.
Topic:
Security, Territorial Disputes, Governance, Armed Forces, and Democracy
Political Geography:
Geneva, Europe, Ukraine, and Eastern Europe