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1. How did Serbia unite Chomsky, Mironov and Fukuyama? Engaging with the New Despotism

Author:
Vedran Dzihic and Gazela Pudar Drasko
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Austrian Institute for International Affairs (OIIP)
Abstract:
It is difficult to imagine what could unite Jürgen Habermas, Francis Fukuyama, Judith Butler, Noam Chomsky, Martha Nussbaum, Michael Walzer, Yuval Noah Harari and Vladimir Mironov.1 However, the renowned Institute for Philosophy and Social Theory in Belgrade (IFDT), founded to settle dissident intellectuals expelled from the university for their involvement in the Yugoslav 1968 protests, managed to do so. An international appeal has reached us in the past few days which has revealed once more the ongoing clandestine attack on freedom of thought and academic autonomy in Serbia. Unfortunately, Serbia is not alone in democratic backsliding, neither in Southeast Europe or Europe more generally, nor at the global level. Democracy has been openly challenged in several EU states, while the most recent developments in the USA have revealed the depth of internal fractures in American liberal democracy. Thus, it is not surprising that the Southeast European region (SEE) - a post-conflict, semi-peripheral area in Europe - faces growing illiberalism and varying types of competitive authoritarianism and new despotism.
Topic:
Human Rights, Law, and Authoritarianism
Political Geography:
Europe and Serbia

2. EU law in the time of COVID-19

Author:
David Edward, Robert Lane, and Leandro Macano
Publication Date:
09-2020
Content Type:
Working Paper
Institution:
European Policy Centre
Abstract:
The COVID-19 emergency has caused unprecedented legal challenges to the EU institutions and the member states across a wide spectrum of areas. The measures put in place to coordinate the immediate cross-border response to the outbreak are unlikely to lead to contentious legal problems. However, the Council, and especially the Commission, being also able to react to measures taken by member states, companies or firms, could prove to be potentially more intrusive. This paper deals with the powers governing the EU’s public health response to the COVID-19 outbreak and analyses the legal implications of actions taken by member states, companies and firms to mitigate the economic fallout of the lockdown and restrictions put in place to stop the spread of the virus.
Topic:
Law, European Union, Crisis Management, Institutions, Public Health, and COVID-19
Political Geography:
Europe

3. Doing business the right way: Pushing for green and social corporate governance

Author:
Sofia López Piqueres
Publication Date:
05-2020
Content Type:
Policy Brief
Institution:
European Policy Centre
Abstract:
Reforms to corporate governance and EU company law could support the Union’s recovery efforts and promote a sustainable economy at the same time. This Policy Brief assesses two instruments in the EU corporate governance toolbox: the Non-Financial Reporting Directive (NFRD), which requires large companies to disclose information about how they are run and how their activities impact the environment and human rights, and the Shareholder Rights Directive II (SRDII), which aims to strengthen the position of shareholders and reduce short-termism and excessive risk-taking by companies. It also covers the principle of shareholder primacy – the idea that shareholder interests should take precedence over all else – and executive remuneration.
Topic:
Governance, Law, Reform, European Union, Business, and Sustainability
Political Geography:
Europe

4. The Political and Legal Landscape of the Alaska Phenomenon

Author:
Ye. Zinkov
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
ThE PROBLEM of the acquisition and sale of Alaska, and to whom it belongs, excites the minds of researchers to this day. There are supposi- tions that once the first Russians had traversed Siberia, they settled in Alaska during the second half of the 16th century.1 The next period, in which Alaska gets mentioned by Russian people, dates to 1648, in connection with the names of the Cossack Semyon Dezhnev and his associate Fedot Popov, who circumvented the Asian continent, then passed from the Arctic Ocean to the Pacific Ocean basin.2 Later on, an official expedition was organized; its commander, Vitus Bering, announced in 1728 his discovery that Asia and America did not have a land bridge between them.3 The first legal documentation of Alaska’s coastline took place on August 21, 1732, when the crew of the St. Gabriel, under the leadership of surveyor Mikhail Gvozdev and navigator Ivan Fyodorov (or K. Moshkov, according to other sources), recorded its contours without going ashore. From this date began the jurisdictional affiliation of Alaska with the Russian Empire. however, the territory for a long time contin- ued to be developed on the basis of civil law. The bureaucrats of the Russian Empire did not duly administer the land in Alaska. This situation contributed to the consolidation of legal relations within civil society on the territory along the lines of the Novgorod Republic.
Topic:
International Law, Law, Land, and Jurisdiction
Political Geography:
Russia, Europe, North America, Alaska, and United States of America

5. One Step Forward, Two Steps Back: Legal Arguments on the Visa–Free Travel of Turkish Citizens to the EU

Author:
A. Aslı Bilgin and Pierluigi Simone
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Within the scope of the Readmission Agreement signed in 2013 between the European Union (EU) and Turkey, the EU will grant visa–free travel for Turkish citizens in exchange for Turkey readmitting the illegally resident of third- country nationals transited through the territory of Turkey to Europe. However, in accordance with the EU–Turkey Association Law and the case–law of the Court of Justice of the European Union (CJEU), visa-free travel could be valid for Turkish citizens who would conduct or plan to conduct economic activity in the EU since the entry into force of the Additional Protocol (AP) of 1970 and Association Council Decision (ACD) No.1/80. This paper examines whether visa–free travel for Turkish citizens is an already-acquired right stemming from the EU–Turkey Association Law or would be a favor given by the EU in exchange for signing the Readmission Agreement, via the interpretation of Article 41 (1) of the AP and Article 13 of ACD 1/80, in light of the case–law of the CJEU.
Topic:
Bilateral Relations, Law, European Union, and Citizenship
Political Geography:
Europe, Turkey, Middle East, and Mediterranean

6. Brigitte Bierlein, Federal Chancellor of the Republic of Austria

Author:
Brigitte Bierlein
Publication Date:
09-2019
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
This World Leaders Forum program features an address, Freedom, Security & the Rule of Law - a European Perspective, by Brigitte Bierlein, Federal Chancellor of the Republic of Austria, followed by a moderated question and answer session with the audience.
Topic:
Security, Human Rights, National Security, Law, Political stability, and Courts
Political Geography:
New York, Europe, Austria, and European Union

7. Citizenship, the Vector of Present? Considerations de lege lata Based on the Polish Domestic Law

Author:
Małgorzata Babula
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The modern world is opening up to a series of innovations, differences and broad- ly understood diversity. The pace of changes becomes a peculiar substructure of creating patchwork nations. The variety of races, colors, religions and cultures. All of the above con- tain a point which, like an electron, resembles an omnipresent “variant”. This constant value is a human being. We are accompanied by a sense of belonging to a specific place, culture and values. On this basis, we expect something (e.g. having rights and freedoms). Citizenship seems to be a binder that puts us in a clearly narrowed community with certain values and often allows us to distinguish our own “self ”. Created by history, absorbing presence, citizen- ship is an important element of our affiliation to the country, to culture and to the values hid- den behind them. In the world of diversity, it seems to be a desirable and important element. The purpose of this article is to discuss the contemporary role assigned to citizenship, as well as to show the citizenship as a factor shaping the position of the individual and justifying the distinction made in specific areas of human functioning in the state.
Topic:
Law, Constitution, Citizenship, Civil Rights, and Domestic Policy
Political Geography:
Europe and Poland

8. Remembering 1962: The Turkish constitutional referendum in context a series on Turkish constitutionalism, part 1

Author:
Mason Hill
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the first in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. Constitutions are nations’ mission statements, and articulate pre-political commitments that turn residents into citizens, and borders into a nation. In Turkey, generations of political leaders have used constitutional reform as an opportunity to set their political agenda and highlight their priorities. The 2017 referendum must be understood in the context of a democracy where voters have experienced successive constitutional reforms aimed at complementing the mission each new generation of leaders gives itself. A view of modern Turkish history reveals the tendency of leaders to use constitutional reform to address deficiencies in their respective administrations, and reflects the latent tension between populism, military intervention, and constitutional integrity.
Topic:
Politics, History, Law, Reform, and Constitution
Political Geography:
Europe, Turkey, and Middle East

9. The Legal Aspects of the MH17 Disaster: What Next?

Author:
Emma Bakkum
Publication Date:
06-2017
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
The most often discussed legal avenue is criminal law, under which individual perpetrators can be held accountable for the crimes they committed. Not only those directly responsible but also those who ordered, conspired to or aided and abetted the shooting down of MH17 can be held responsible. These individuals can be prosecuted both at the national level in domestic courts or at the international level, at the International Criminal Court (ICC) or a specially established tribunal. Criminal law, however, requires a high burden of proof. Not only needs to be proven that an individual has committed a criminal act but also that the individual did so with the required knowledge and intent, making it difficult to prosecute individuals. Under the circumstances of the MH17 situation, investigations are strenuous. Jeroen Akkermans, who was one of the first investigative journalists present at the crash site, underlined the problems with gathering evidence.
Topic:
Crime, Law, Legal Theory, and International Criminal Court (ICC)
Political Geography:
Europe, Malaysia, Ukraine, and Asia

10. The Security Sector Legislation of Ukraine

Author:
Oleksandr Lytvynenko, Philipp Fluri, and Valentyn Badrack
Publication Date:
01-2017
Content Type:
Book
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This comprehensive collection of Ukrainian legislation on the Security Sector serves two purposes: it gives Ukrainian and Western experts an overview of what legal documents already exist in Ukraine; and serves as a tool for identifying possibilities for adaptations to the law.
Topic:
Security, Defense Policy, Sovereignty, Territorial Disputes, Governance, Law, Military Affairs, Conflict, and Legislation
Political Geography:
Geneva, Russia, Europe, Ukraine, and Eastern Europe