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101. Can the European Union Save Multilateralism?

Author:
Mikael Barfod
Publication Date:
05-2019
Content Type:
Journal Article
Journal:
American Diplomacy
Institution:
American Diplomacy
Abstract:
Controversies have abounded, including Palestine and Israel within the UN's Human Rights Council, lack of US support for the International Law of the Sea (since 1994), and the International Criminal Court (since 2002). Collectively, the European Union and its Member States remain by far the largest financial contributor to the UN, providing 30% of all contributions to the budget and 31% of peace-keeping activities in addition to substantial contributions towards project-based funding. 4. Some may object that the European Union has been hampered by the lack of a common position among EU Member States on the future of the UN Security Council (UNSC), where two member-states, UK and France, currently have permanent seats and one, Germany, is desperate to get one.
Topic:
International Relations, Cold War, Human Rights, European Union, and Multilateralism
Political Geography:
Africa, China, United Kingdom, Europe, Iran, Israel, Asia, France, Germany, and United States of America

102. The state of the war-wounded in northern Uganda

Author:
Dyan Mazurana, Anastasia Marshak, and Teddy Atim
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Feinstein International Center, Tufts University
Abstract:
Few large-scale, structured surveys have been conducted on the prevalence of alleged war crimes or crimes against humanity committed by warring parties against civilians and how this relates to disability. Using data from a panel survey carried out in 2013, 2015, and 2018 that is representative of all of Acholi and Lango sub-regions in northern Uganda, this working paper reports the prevalence of alleged war crimes or crimes against humanity for individuals and households; their association with disability; and the resulting effects over time on people’s lives in terms of food security, wealth, access to basic services, and healthcare. The study contributes to an understanding of people who have experienced alleged war crimes or crimes against humanity that affect them physically and psychologically; the relationship between experience of these alleged crimes and their experience of disability; the effects of these crimes on their wealth, food security, and access to livelihood and social protection services; the effects of these crimes on their access to basic and therapeutic healthcare; and a better understanding of the key obstacles faced by victims of these alleged crimes when they are unable to receive basic and therapeutic healthcare.
Topic:
Conflict Resolution, Human Rights, War, and Conflict
Political Geography:
Uganda and Africa

103. 5 Years Of The Law On Foreigners And International Protection: Problems Of Implementation And Suggested Solutions

Author:
Hakkı Onur Arıner
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Turkey’s Law on Foreigners and International Protection (LFIP) was adopted on 4 April 2013 by the Turkish Grand National Assembly. In the five years that has passed since the coming into force of the LFIP in its entirety, it appears that the LFIP has been made to adapt to the conditions of Turkey, rather than the other way around, due to the sheer unexpected size of the phenomenon of immigration into Turkey, and the challenges encountered in establishing the institutional capacity and the inter- institutional cooperation necessary to deal with the inflows as required by the Law.
Topic:
Government, Human Rights, Migration, Refugee Issues, and Law
Political Geography:
Turkey and Middle East

104. An Implementation Guide for National Human Rights Institutions

Author:
The Carter Center
Publication Date:
03-2019
Content Type:
Special Report
Institution:
The Carter Center
Abstract:
The 2030 Agenda for Sustainable Development sets peace, justice and strong institutions as goals for the international community to work toward, along with participatory decision-making at all levels and equal representation and participation of women in public affairs (Goals 5.5 and 16.7).1 The Human Rights Council stressed “the critical importance of equal and effective participation in political and public affairs for democracy, the rule of law, social inclusion, economic development and advancing gender equality, and for the realization of all human rights and fundamental freedoms.” 2 As part of their broad mandate to protect and promote human rights, national human rights institutions (NHRIs) have a key role to play in protecting and promoting the right to participate in public affairs.
Topic:
Human Rights and International Affairs
Political Geography:
Global Focus

105. http://catcher.sandiego.edu/items/peacestudies/KrocInsight-ImpactPeace.pdf

Author:
Rachel Locke and Andrew Blum
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
The Joan B. Kroc Institute for Peace Justice, University of San Diego
Abstract:
Globally, violence is on the rise with trend analysis suggesting that urban violence will continue to push rates up if we do not take action to shift the status quo. Urgent situations merit urgent, yet strategic responses. In the fourth installment of our Kroc Insight series, we present important knowledge on how Impact:Peace and the Peace in Our Cities campaign can help drive change by putting evidence behind city efforts to support integrated approaches to violence reduction.
Topic:
Human Rights, Violence, Urban, and Peace
Political Geography:
United States, California, North America, and San Diego

106. Making Conflict Prevention a Concrete Reality at the UN

Author:
Adriana Erthal Abdenur
Publication Date:
02-2019
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
The idea of conflict prevention is makiong a comeback. Though at the heart of the United Nations charter, previous attempts to make conflict prevention a concrete reality within the UN system had limited success and were restricted primarily to the prevention of imminent or recuring conflict via mediation and good offices.
Topic:
Conflict Prevention, Security, Human Rights, United Nations, and Conflict
Political Geography:
Global Focus

107. Breaking the Silos: Pragmatic National Approaches to Prevention

Author:
Paige Arthur and Céline Monnier
Publication Date:
08-2019
Content Type:
Policy Brief
Institution:
Center on International Cooperation
Abstract:
In this policy briefing, our fifth in our series on prevention at the UN, we draw on examples from Côte d’Ivoire and Timor-Leste to illustrate how countries have developed integrated actions on prevention that cut across sectors, including security, development, and human rights. We then highlight options for the UN to better support these strategies through cross-pillar approaches and identify practical ways forward for governments implementing prevention approaches.
Topic:
Conflict Prevention, Security, Development, Human Rights, and United Nations
Political Geography:
Africa, Timor-Leste, and Côte d'Ivoire

108. Avoiding the Legal Black Hole: Re-evaluating the Applicability of the European Convention on Human Rights to the United Kingdom’s Targeted Killing Policy

Author:
Liam Halewood
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In 2015, the United Kingdom (UK) became the first European State to incorporate extraterritorial targeted killing with drones into its counterterrorism framework. This article examines whether the UK’s obligations under the European Convention on Human Rights (ECHR) extend to such operations. Scholars have suggested not, based on a comparison of a drone strike to the circumstances of the landmark Bankovic case, which was inadmissible on jurisdictional grounds. Consequently, the UK policy is perceived as occurring in a legal black.hole outside the purview of the Convention. However, this article argues that the comparisons to Bankovic overlook the uniqueness of targeted killing operations and the context in which the UK policy is utilized. Considering the distinctiveness of the UK policy, this article re-evaluates the applicability of the ECHR and proposes that the European Court of Human Rights (ECtHR) could find a jurisdictional link between the UK and the victims of targeted killing, thereby avoiding the perceived legal black.hole.
Topic:
Human Rights, Military Strategy, Drones, and Extrajudicial Killings
Political Geography:
United Kingdom and Europe

109. 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

110. Evaluating the Zero Draft on a UN Treaty on Business and Human Rights: What Does it Regulate and how Likely is its Adoption by States/

Author:
Julia Bialek
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Infringements of human rights through the actions of transnational corporations are common in our globalizing world. While the international community has undertaken numerous attempts to hold private corporations responsible for their actions, only soft law instruments govern this area of public international law. Only recently, a first draft was released for a Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and Other Business Enterprises, also known as the Zero Draft. This article argues that the Zero Draft, while based on contemporary international law, represents a positive first step in the treaty-making process, but it still needs specification and clarification in order to close the gap in human rights protection effectively. First outlining the need for a closure of the gap in human rights protection, this article then closely examines the content of the Zero Draft. To that end, an in-depth analysis of the core provisions of the Draft is offered, especially focusing on the rights of victims, the prevention of human rights infringements, and corporate liability. Furthermore, this article analyzes current State practice and the expectations of the international community towards a legally binding instrument on the topic of business and human rights. Significantly, this article also compares the Zero Draft to existing soft law and previous recommendations on how to close the gap in a binding manner. Finally, the article concludes that, by indirectly holding companies accountable without depriving States of their sovereign power over their companies, the Zero Draft has the potential to be implemented as a future Treaty on Business and Human Rights.
Topic:
Globalization, Human Rights, Treaties and Agreements, and transnationalism
Political Geography:
Global Focus