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151. In Liberty's Shadow: US Detention of Asylum Seekers in the Era of Homeland Security

Publication Date:
01-2004
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
When I set foot on American soil, I had finally reached the land of liberty, the land of peace, and I had a strong feeling of gratitude toward the Most High who had allowed me to escape death and to reach a life of freedom…. After completing my statement [at the airport]…[an] officer arrived with handcuffs. Then he handcuffed my wrists, but I sincerely thought this was a case of mistaken identity. Later on he explained to me that this was the established procedure. We left for [a county] prison. They put me in a cell where it was really cold, and I had no blanket with me. The idea of a land of liberty was beginning to be cast into serious doubt in my mind.
Topic:
Security, Government, Human Rights, and Terrorism
Political Geography:
United States and America

152. Economic Survey of the United States, 2004

Publication Date:
04-2004
Content Type:
Policy Brief
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
Economic performance over the past two decades has been impressive. Underpinned by an increased reliance on competitive forces, which have been stronger than in most other member countries for some time, productivity and output have accelerated significantly. In recent years, helped by timely macroeconomic policy responses, the economy has demonstrated its capacity to adjust to adverse shocks, so that the per capita growth gap against other countries has widened further. The outlook is for this to continue in the next few years, with real GDP expanding by around 4 per cent per annum. Nonetheless, there are a number of challenges that need to be addressed to sustain these laudable economic outcomes. By far the top priority is to confront the current and projected federal budget deficits. The fiscal stimulus of the past few years has been helpful in supporting the recovery, but if public dissaving is not reduced, interest rates may be higher, ultimately implying slower growth in economic potential. Increased budget discipline, and indeed significant reform on both the spending and revenue sides of the budget, will be necessary because of the impending demographic pressures on government finances. Corrective fiscal measures will also assist the unwinding of the current account deficit, which is unusually large for this stage of the cycle. As the Federal Reserve begins to move the federal funds rate back to a more neutral level, it will need to be especially attentive to the clarity of its communications with the markets. Further corporate-governance and accounting reforms would help to underpin confidence of domestic and foreign investors, thereby facilitating orderly current-account adjustment. Less reliance on import restrictions and maintaining a leadership role in trade liberalisation would favour structural adjustment at home. Furthermore, despite the generally pro-competitive thrust of antitrust and other regulatory policies, a number of areas deserve attention, notably intellectual property rights, telecommunications and electricity, where further reforms would be welfare enhancing.
Topic:
Agriculture, Economics, Environment, Human Rights, International Organization, and Political Economy
Political Geography:
United States

153. What Constitutions Can Do (But Courts Sometimes Don't):Property, Speech, and The Influence of Constitutional Norms on Private Law

Author:
Oliver Gerstenberg
Publication Date:
05-2004
Content Type:
Working Paper
Institution:
Minda de Gunzburg Center for European Studies, Harvard University
Abstract:
Against the background of the ECtHR's recent decision in Appleby v UK (a European “counterpart” to the well-known US Supreme Court decision in Marsh v Alabama) the paper addresses, first, the issue of the influence, often perceived as dilemmatic, of human rights norms and constitutional norms on private law. In a second step, then, the paper discusses the promise—and a possible dilemma—of “comparative constitutionalism” as an engine of a more denationalized “constitutional patriotism”: the dilemma that we trade the “closure” of domestic exceptionalism against the new, systemic “closure” of “too much” judicial comity and professionalism, the closure of a new Juristenrecht.
Topic:
Human Rights and International Law
Political Geography:
United States, United Kingdom, and Europe

154. The Age of Welfare: Patronage, Citizenship, and Generational Justice in Social Policy

Author:
Julia Lynch
Publication Date:
04-2004
Content Type:
Working Paper
Institution:
Minda de Gunzburg Center for European Studies, Harvard University
Abstract:
Welfare states' redistribution of resources across classes, occupations, and genders is the subject of intensive scholarly analysis. Yet we know very little about how and why welfare states treat different age groups differently. This article demonstrates that seniors' demand for welfare does not determine age-orientation. Rather, the “age of welfare” is a largely unintended consequence of the interaction between the structure of social policies and the way that politicians use these programs to compete for votes. An implication for the policy feedback literature is that constituency demand may be less important than the unintended consequences of welfare state institutions.
Topic:
Human Rights, Human Welfare, and Politics
Political Geography:
United States

155. U.S. Military Assistance to 1460 Report Countries: 1990-2005

Author:
Victoria Garcia
Publication Date:
04-2004
Content Type:
Working Paper
Institution:
Center for Defense Information
Abstract:
On Jan. 30, 2003, the United Nations Security Council (UNSC) adopted resolution 1460, which reaffirms the council's previous resolutions (1261, 1314, and 1379) on children and armed conflict and calls on all parties to armed conflict to stop using child soldiers. Resolution 1460 also requests that the UN secretary general list the progress made by the 23 parties to conflict on the Security Council's agenda (S/2002/1299), including governmental armed groups that continue to use or recruit child soldiers. In response to Resolution 1460, and in advance of the Security Council's fourth open debate on children in armed conflict, the Coalition to stop the Use of Child Soldiers published a report that lists 17 countries where child soldiers were being used from January 2003 through September 2003. While the report does not cover every situation where children are being deployed, it specifically includes all of the countries covered on the Security Council's agenda, as well as other situations deemed critical by the coalition.
Topic:
International Relations, Human Rights, and United Nations
Political Geography:
United States

156. Secure Borders: The European Experience - A Roundtable with Jonathan Faull

Author:
Mark R. Shulman
Publication Date:
03-2004
Content Type:
Working Paper
Institution:
EastWest Institute
Abstract:
The EastWest Institute hosted a roundtable discussion with Jonathan Faull, Director-General, Justice and Home Affairs (JHA) of the European Commission. Mr. Faull discussed various important, innovative and effective initiatives that JHA is pursuing to cultivate security while promoting freedom and justice throughout Europe and its new neighborhood. He also discussed impending changes to the US visa regime and their potential impact on transatlantic trade, educational and cultural exchanges, tour ism and relations generally. Other participants included leading experts and scholars from the media, universities, think tanks, and human rights organizations.
Topic:
International Relations, Security, Education, Human Rights, and Culture
Political Geography:
United States and Europe

157. The Failure of Reform in Uzbekistan: Ways Forward for the International Community

Publication Date:
03-2004
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Uzbekistan occupies a key strategic position in Central Asia and has a strong security relationship with the U.S. but its political system is highly repressive and its economy is barely reformed since Soviet times. Economic decline and political sclerosis threaten internal stability and undermine regional security. The international community has long urged political and economic reform, but with little success. With no significant progress on either front in 2003, it is time for the U.S., the EU and international financial institutions to begin to shift policies: reducing lending and assistance to the central government, while increasing engagement with society and the private sector.
Topic:
Government, Human Rights, and Political Economy
Political Geography:
United States, Central Asia, and Uzbekistan

158. Iraq Reconstruction Update #5: Retaking Fallujah

Author:
Michael Donovan
Publication Date:
12-2004
Content Type:
Working Paper
Institution:
Center for Defense Information
Abstract:
The insurgency in Iraq has grown in size and effectiveness in the months since a U.S.-led coalition invaded the country. By the summer of 2004, Pentagon officials were revising their initial estimates of the size of the insurgency by a factor of four. Baghdad and Mosul remained open cities to insurgents, and coalition casualty figures were rising steadily. Even as coalition authorities and the Iraqi interim government began to consider preparations for elections to be held in 2005, 20-30 towns in northeastern Iraq remained outside of coalition control. In an effort to pacify these predominantly Sunni areas, coalition officials devised a plan to retake key towns, and, it was hoped, strike at the heart of the insurgency. As a centerpiece to this plan, on Nov. 8, 2004, U.S. Marine and Army units, complemented by some Iraqi troops, embarked on Operation Phantom Fury, the retaking of the town of Fallujah.
Topic:
Defense Policy, Human Rights, and War
Political Geography:
United States, Iraq, Middle East, and Arab Countries

159. Law Watch - Detainees: Supreme Court Guantanamo Decision

Author:
Steven C. Welsh
Publication Date:
06-2004
Content Type:
Working Paper
Institution:
Center for Defense Information
Abstract:
With a decision notably brief for the mountain of argument leading up to it, the U.S. Supreme Court in Rasul v. Bush held on June 28, 2004, that foreign nationals imprisoned without charge at the Guantanamo Bay interrogation camps were entitled to bring legal action challenging their captivity in U.S. federal civilian courts.
Topic:
Foreign Policy, Human Rights, International Law, and Terrorism
Political Geography:
United States

160. Democratizing Globalization? Impacts and Limitations of Transnational Social Movements

Author:
Jackie Smith
Publication Date:
12-2004
Content Type:
Working Paper
Institution:
Institute on Globalization and the Human Condition, McMaster University
Abstract:
This paper examines the organizational foundations for global democracy that have been developed through the efforts of generations of activists who have conceptualized their struggles in transnational or global terms. A broad look at the history of transnational activism shows that the “battle of Seattle” against the World Trade Organization had its origins well before the fall of 1999. It also shows that activists from poor countries have played strong roles in shaping the course of past global activism, and they are likely to play central roles in defining the future course of global struggles for democracy and social justice. Finally, we see that transnational activism has helped cultivate skills, collective identities, and perspectives on global interdependence that affect the possibilities for social movement activism today. At the same time, anti-democratic forces led mainly by the U.S. government have sought to preserve existing relations of domination and exploitation against the latest movement challenges. The current “war on terror” serves to mask a longer-term effort by proponents of economic globalization to restrict public opposition to their agenda. I outline some of the key reactions that the U.S. and other Western governments have taken in response to movement challenges, and I suggest several lessons this analysis uncovers for how activists—primarily those in the U.S. and other Western countries—can work to enhance the struggle for a more democratic global system.
Topic:
Globalization, Government, Human Rights, and Non-Governmental Organization
Political Geography:
United States