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721. Reconciling the Irreconcilable? – The Extraterritorial Application of the ECHR and its Interaction With IHL

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, and Conflict
Political Geography:
Europe

722. Access to Fisheries in the United Kingdom’s Territorial Sea after its Withdrawal from the European Union: A European and International Law Perspective

Author:
Valentin Schatz
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 approaches the question of post-Brexit access of European Union (EU) Member States to the United Kingdom’s (UK) territorial sea fisheries by first discussing the pre-Brexit legal status quo under the Common Fisheries Policy (CFP) of the EU. Second, this article discusses the international legal framework for access to territorial sea fisheries that would apply if the UK withdraws from the EU in the absence of a future agreement. As Part II of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) does not contain provisions on fisheries access, this analysis focuses on the role of the 1964 London Fisheries Convention (LFC), bilateral voisinage agreements between the UK and EU Member States, potential acquired historic fishing rights of EU Member States in the UK’s territorial sea, and potential access rights derived from royal privileges. Next, this article addresses the relevance of the transitional arrangements contained in the latest draft withdrawal agreement of 2018, which was not, however, adopted by the UK. Finally, this article offers some conclusions as to the applicable legal framework for access of EU Member States to the UK’s territorial sea fisheries absent a new fisheries agreement between the EU and the UK, and potential ways to proceed in the future regulation of this issue.
Topic:
International Cooperation, Treaties and Agreements, Territorial Disputes, European Union, and Brexit
Political Geography:
United Kingdom and Europe

723. Approach to the Spanish External Image Applied to the Economic Intelligence / Aproximación a la imagen exterior española como herramienta de inteligencia económica

Author:
José Pablo Martínez Romera
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The measurements of external image carried out in recent years to guide the "country-brand" strategies could have the potential to be used as economic intelligence tools. This way, public authorities would be able to foresee variations in those variables linked to the preferences of foreign citizens, such as investments, exports, tourism or immigration; helping them to design politics in these fields.
Topic:
Economics and Intelligence
Political Geography:
Europe and Spain

724. Challenges to Metropolitan Security. Terrorism in Brussels, Manchester and Nice / Retos a la seguridad metropolitana. El terrorismo en Bruselas, Manchester y Niza

Author:
Fernando Jiménez Sánchez
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
This article seeks to identify the challenges that metropolis faces in the security field based on the analysis of three attacks of the "new" terrorism carried out in the European Union in 2016 and 2017. In order to contribute to the analysis of the challenges faced by the security agencies of the States in order to accomplish with their role in areas undergoing expansion and of growing importance.
Topic:
Security, Terrorism, European Union, and Cities
Political Geography:
United Kingdom, Europe, France, and Belgium

725. The Use of Predictive Analysis Programs in Police Intelligence: A European Comparison / El uso de programas de análisis predictivo en la inteligencia policial: una comparativa europea

Author:
Virginia Cinelli and Alberto Manrique Gan
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
Nowadays, two main limitations persist in intelligence analysis: the intrinsic existence of a certain degree of uncertainty and the large volume of information available. In order to face these problems, since the end of the 90s, technology and statistics have been used in the field of security to tackle the analytical limitations of human beings, improving their performances. As a result, professionals in the crime prevention areas started using technology in investigation to calculate the probability that a (criminal) event might occur in the future. Such a phenomenon is also called predictive analysis. Today, Europe stands out both for the number and the type of predictive programs implemented in different national contexts. The main objective of this article is to analyze the phenomenon of predictive policing in the European context through a comparative analysis of 6 cases study in 5 different countries (Germany, France, Italy, the Netherlands and the United Kingdom) to, firstly, assess the implications in the improvement of the security context of the European Union, and secondly, to detect the innovative cases within this framework.
Topic:
Crime, Intelligence, Science and Technology, and European Union
Political Geography:
United Kingdom, Europe, France, Germany, Italy, and Netherlands

726. Negotiating Security in Latin America, How Russia Regained a Foothold in the Western Hemisphere

Author:
Taylor Valley
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Council on International Policy (CIP)
Abstract:
What is Russia’s geopolitical game in Latin America? Since the early-2000s, we have witnessed bilateral trade spike by 44 percent, around 40 diplomatic visits by high-ranking Russian officials, and budding military cooperation through joint-naval exercises in Latin American ports. Some explain this growth as Russian efforts to create multipolarity in the western hemisphere and undermine U.S. influence in the region. This narrative of bilateral relations disregards a key element that may be driving Russia’s engagement— the role of Latin American leadership.
Topic:
Security, Foreign Policy, Diplomacy, and Imperialism
Political Geography:
Russia, Europe, Latin America, North America, and United States of America

727. Climate Security in the Sahel and the Mediterranean: Local and Regional Responses

Author:
A. Bassou, A. Chielewska, and X. Ruiz-Campillo
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
IEMed/EuroMeSCo
Abstract:
The Mediterranean connects Europe to Africa. The Mediterranean basin is thus an area of ​​interaction between the two continents. However, there is a perception that limits the Mediterranean basin to its strictest geographical sense, that is to say the countries of southern Europe and those of North Africa, which border the Mediterranean. This traditional conception ignores the geopolitical context, which broadens the vision of the Mediterranean basin by including all the spaces that impact it. Some human phenomena, such as migration, show that Mediterranean relations do not only concern the states bordering this sea, but a much larger area including the whole European Union, on the one hand, and North African, Sahelian and Sub-Saharan countries, on the other hand. The present study takes into account the broader conception of the Mediterranean. In this sense, it not only deals with the effects of climate change on the countries bordering the Mediterranean, but extends its analysis to the whole European Union (EU), to the Maghreb and especially to the Sahel. Due to its geography, climate, demography, proliferation of conflicts or its precarious level of industrialization, the Sahel region is the most threatened in the world by climate change. Any deterioration of the situation in the Sahel countries undoubtedly has repercussions on Europe and its relations with Africa. The four authors of the study examine the impact of climate change on the stability of the Sahel and the effects that the instability of this region could have on the Mediterranean space. The authors question the potential links between climate change and security. They outline the positions and frameworks of European actions as well as the different initiatives taken by EU institutions. Finally, they put forward some recommendations on how to effectively address this phenomenon.
Topic:
Security, Climate Change, Political stability, and Industrialization
Political Geography:
Africa, Europe, Sahel, and Mediterranean

728. Cooperation with Religious Institutions as a European Policy Tool

Author:
Yasemin El-Menouar, Sergio Altuna, Patrycja Sasnai, and Georges Fahmi
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
IEMed/EuroMeSCo
Abstract:
For at least three decades now religion has been re-entering the public sphere and politics in Europe and globally. Its re-emergence, however, bears little resemblance to the past when the religion-state coupling was unequivocal. Today, in Europe, the values of freedom of religion and belief, free expression and non-discrimination take precedence over any single religion’s domination – at least that is the prevalent aspiration. In the European neighbourhood, major social and political phenomena have acquired an increasingly religious angle: radicalisation – in the words of Olivier Roy – is becoming Islamised, intra and interstate conflicts have a sectarian character, and governments either want to increase their control over religion or the breakdown of local governance is making religious actors more legitimate representatives than the central government. Within EU member states, religion is resurfacing alongside two simultaneous trends: on the one hand, individualised, atomised urban life that requires more spirituality and a reference point to the realities of modernity and diversity; and, on the other, social polarisation around perceptions of secularisation and religions, particularly Islam. This Joint Policy Study takes an institutionalist view of state-religion relations, although religious institutions are defined in a broad sense and encompass both official and unofficial religion. This leaves the field outside of the institutionalised religion-state relations either relatively small or down to individual expressions of religiosity. Institutionalism, so understood, is a view that policy is carried out through and with institutions. This can vary in different aspects: dependence (state-dependent, statecontrolled, independent of states), size, homogeneity, thematic focus, accountability, credibility, and so on. The chapters in the study aim to provide both more generalised overviews and case studies to cover all levels of state-religion relations in Europe and MENA: relations between state and religious institutions in Europe (chapter 1); relations between state and religious institutions in the Maghreb (Tunisia and Morocco in chapter 3); relations between institutions of different religions (the Vatican and al-Azhar in chapter 4); and the role of Muslim religious institutions in advancing a state policy in an EU member state (Germany in chapter 2).
Topic:
Religion, Institutionalism, Secularism, and Theocracy
Political Geography:
Africa, Europe, Germany, Morocco, Tunisia, and Vatican city

729. 919-2019: How to Make Peace Last? European Strategy and the Future of the World Order

Author:
Sven Biscop
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
The commemorations of the Great War have come to and end. 2019 will see the centenary of the peace treaties that concluded the war, starting with Versailles, and of the founding of the League of Nations, the predecessor of the United Nations. These failed to establish a stable rules-based world order, but they deserve to be commemorated nonetheless, as well as analysed, for we might learn something from them. This policy brief offers four insights from the Interbellum to help us avoid a collapse of the world order today: (1) A world order that is created for the express purpose of keeping one of the great powers outside the system, is bound to fail. (2) If breaking the rules carries no consequences, the world order will be hollowed out and, eventually, collapse. (3) A great power who refuses to invest in the world order, cannot expect the others to do so. (4) No state voluntarily submits to another: a world order that is only imposed and not accepted, will not last long.
Topic:
International Cooperation, International Organization, United Nations, Military Strategy, Peace, and League of Nations
Political Geography:
Europe

730. What’s in the CARDs?

Author:
Ronald Van Reybroeck
Publication Date:
02-2019
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
The Foreign Affairs Council on 19 November 2018 agreed to launch the CARD (Coordinated Annual Review on Defence) as a standing activity aimed at offering a better overview at EU level of defence spending, national investment and defence research efforts. Ministers of Defence tasked the European Defence Agency (EDA) to launch the first full CARD cycle in autumn 2019. How did we get here and, more importantly, what does the CARD have in store?
Topic:
Defense Policy, Regional Cooperation, European Union, and Military Spending
Political Geography:
Europe