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92. Friedrich F. Martens on 'The Office of Consul and Consular Jurisdiction in the East'
- Author:
- Andreas T. Müller
- Publication Date:
- 02-2015
- Content Type:
- Journal Article
- Abstract:
- Friedrich F. Martens is famous for the clause named after him and his Cours of 1882. Much less known is his doctoral thesis of 1873 on 'The Office of Consul and Consular Jurisdiction in the East'. Apart from dealing with consular rights and duties in the Oriental states in general, Martens' special interest is in a particular institution of consular law in the 'East', i.e., consular jurisdiction. By virtue of so-called capitulations entered into in favour of Western states from the 16th century on, nationals of the latter nations were exempted from the territorial jurisdiction of their Oriental host states. In lieu of it, Western consuls exercised judicial authority over their fellow countrymen. Martens' analysis of consular jurisdiction is deeply immersed in the 19th century dichotomy of civilized and non-civilized nations, with this institution, from his point of view, assuming a key role in managing the relations between the two. He is convinced that intercourse between the West and the East and consequently a rise in the level of civilization of the Oriental states is only possible by mediation of consular jurisdiction. Thus, studying Martens' doctoral thesis contributes both to a better balanced assessment of Martens as an international lawyer and reminds us how quickly humanitarian arguments and purported promotion of civilizational purposes can turn into paternalistic reasoning.
- Topic:
- Humanitarian Aid
93. Stefano Recchia and Jennifer M. Welsh, eds. Just and Unjust Military Intervention: European Thinkers from Vitoria to Mill. Cambridge, UK: Cambridge University Press, 2013.
- Author:
- Matt Preston
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- Journal of Military and Strategic Studies
- Institution:
- Centre for Military, Security and Strategic Studies
- Abstract:
- Stefano Recchia and Jennifer Welsh have brought together in this tome a number of authors intending to essentially see what can be learnt from early modern political philosophers about just war and humanitarian intervention. They attempt to have all works in the volume discuss three themes and answer two essential questions. The first theme centers on the issues concerning jus ad bellum (the legitimate reasons for going to war). In this, the editors identify the main question of when intervention is permissible.
- Topic:
- Humanitarian Aid
- Political Geography:
- Europe
94. On the Margins: Noncitizens Caught in Countries Experiencing Violence, Conflict and Disaster
- Author:
- Sarah Drury, John Flanagan, Aaron Gregg, Pitchaya Indravudh, Abbie Taylor, and Sanjula Weerasinghe
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- Today, perhaps more than ever, humanitarian crises permeate the lives of millions, triggering increased human movement and repeatedly testing the international community's capacity to respond. Stakeholders within the international community have recognized that existing legal and institutional frameworks for protecting forced migrants are inadequate to address the diversity of movements and needs. This article examines the situation of noncitizens who are caught in violence, conflict, and disaster, and asserts that they are an at-risk population requiring tailored responses. Recent history has witnessed numerous humanitarian crises in which noncitizens have been among those most seriously affected. With more people than at any other point in history residing outside of their country of origin, the presence of new and sustained eruptions of violence and conflict, and the frequency and intensity of disasters predicted to increase, noncitizens will continue to be caught in countries experiencing crises. Destination countries, as well as origin countries whose citizens are caught in crisis situations abroad, must understand the challenges that noncitizens may encounter in accessing assistance and protection, and must formulate responses to ensure that their needs are adequately accommodated. While both citizens and noncitizens may encounter difficulties in any given humanitarian crisis, research on five recent crises—the Libyan uprising, the Tohoku earthquake, the tsunami and Fukushima nuclear accident in Japan, flooding in Thailand, Hurricane Sandy in the United States, and the on-going conflict in Syria—demonstrates that a range of factors create particular challenges for noncitizens. Factors related to the underlying environment in the country undergoing a crisis and the responses of different actors may exacerbate the vulnerability of noncitizens. Moreover, different groups of noncitizens manifest distinct protection needs due to specific attributes. In a given context, the interaction of these factors leads to varying levels of vulnerability for different groups, and the experiences of noncitizens in crisis situations implicate a range of fundamental human rights. Promising practices which may reduce the vulnerabilities of noncitizens and their exposure to harm during crises include: limiting immigration enforcement activities in favor of dispensing life-saving assistance; communication of emergency and relief messages in multiple languages and modes; facilitating entry and re-entry; and providing targeted relief services. These practices are not limited to countries experiencing crises; origin countries have also displayed judicious actions, undertaking bi-lateral negotiations to address specific needs and seeking external assistance in order to protect their citizens who are caught in crisis situations. This article seeks to inform ways to mitigate the vulnerabilities and address unmet assistance and protection needs of noncitizens caught in countries experiencing crises. It focuses primarily on vulnerabilities experienced during crises, acknowledging the importance of preventative action that targets the potential vulnerabilities and needs of noncitizens. It also acknowledges that assistance and protection needs often persist beyond the abatement of crises and warrant ongoing intervention. The observations presented in this paper are drawn from desk research on a limited number of situations, and therefore, the article is an introductory attempt to call attention to the issues at play when a crisis occurs, rather than an in-depth study of the subject. Nonetheless, it offers recommendations for alleviating the exposure of noncitizens, which include actions aimed at: addressing the underlying legal and policy landscape related to crises and relevant areas like immigration so as to account for the presence and needs of noncitizens; ensuring that all categories of noncitizens are able to access, understand and navigate information regarding emergency and relief assistance and are able to utilize them; and limiting the exposure of noncitizens to harm through targeted measures that address their particular needs and vulnerabilities.
- Topic:
- Conflict Resolution and Humanitarian Aid
- Political Geography:
- Syria and Thailand
95. Reconfiguring the Law of Non-Refoulement: Procedural and Substantive Barriers for Those Seeking to Access Surrogate International Human Rights Protection
- Author:
- Mark R. von Sternberg
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- Both geographic and normative constraints restrict access to surrogate international human rights protection for those seeking a haven from serious human rights abuses. Primary among territorial restrictions has been the fall-out from the US Supreme Court's decision in Sale v. Haitian Council Centers in which the court explicitly ruled that nothing in US statutory law, or in the 1951 Convention on Refugees or its 1967 Protocol, precluded the interdiction of Haitian refugees in international waters and their return to the country of origin without an effective interview on their protection clams. This ruling is in transparent contradiction to the general international law norm of non-refoulement according to modern scholarship and emerging case law. This paper concludes that Sale should be overturned by statute as should related pre-screening practices. A new standard of “jurisdiction” should be adopted which does not depend on territorial access to a signatory state but on whether the state is exercising power in fact. Similar concerns exist with respect to safe third country agreements which often offend the international customary right of the asylum seeker to choose where his or her claim will be filed. This paper argues that the right of choice should be recognized and onward travel and admission to the country of destination allowed. This result is especially called for where return of the alien by the country of first contact raises serious concerns under the law of non-refoulement. Imbalances noted in this paper include those generated by the new terrorism related grounds of inadmissibility in the United States and the summary denial of children's asylum claims flowing from gang violence. Other questions are raised in this paper concerning work authorization and detention of asylum seekers. Access to an employment authorization Journal on Migration and Human Security document for those filing colorable claims should be recognized by statute to render US practice consistent with that of most other states. Release from detention, on the other hand, for asylum seekers has now been broadly recognized by the US Department of Homeland Security where the asylum seeker's identity can be ascertained and the claim is non-frivolous in nature. This approach is largely consistent with international law, although there have been unnecessary delays in implementing it. On the substantive law, the international customary norm of non-refoulment has been expanded considerably through the development of opinio juris by scholars and the practice of states. This paper traces efforts in Europe to develop a law of temporary refuge for those fleeing civil war situations characterized by humanitarian law violations. Similarly, case law under the European Convention of Human Rights has now come to focus on the harm the claimant would suffer as the result of conditions in the country of origin without identifying an explicit agent of serious harm. Related to these developments has been the notion of complementary protection under which relief can be conferred where the alien would suffer serious harm upon return to the home state but not for a Convention reason. These approaches have now received approval in the European Union Asylum Qualification Directive so that international protection may now be conferred either because the alien would suffer serious harm on account of the intensity of human rights violations taking place in the country of origin, or those conditions, taken in conjunction with the claimant's personal situation, support a finding that the claimant would be impacted. This paper argues that this latter standard has now been made a part of the customary norm of non-refoulement and that it should be recognized by statute as a basis for non-return and coupled with status where the new standard can be met. Such a measure would help restore the nation's commitment to human rights and humanitarian concerns.
- Topic:
- Human Rights, Humanitarian Aid, and Terrorism
- Political Geography:
- United States
96. The Power of Transparency: Information, Identification Cards and Food Subsidy Programs in Indonesia
- Author:
- Abhijit Banerjee, Rema Hanna, Jordan C. Kyle, Benjamin A. Olken, and Sudarno Sumarto
- Publication Date:
- 02-2015
- Content Type:
- Working Paper
- Institution:
- The John F. Kennedy School of Government at Harvard University
- Abstract:
- Can governments improve aid programs by providing information to beneficiaries? In our model, information can change how much aid citizens receive as they bargain with local officials who implement national programs. In a large-scale field experiment, we test whether mailing cards with program information to beneficiaries increases their subsidy from a subsidized rice program. Beneficiaries received 26 percent more subsidy in card villages. Ineligible households received no less, so this represents lower leakage. The evidence suggests that this effect is driven by citizen bargaining with local officials. Experimentally adding the official price to the cards increased the subsidy by 21 percent compared to cards without price information. Additional public information increased higher-order knowledge about eligibility, leading to a 16 percent increase in subsidy compared to just distributing cards. In short, increased transparency empowered citizens to reduce leakages and improve program functioning.
- Topic:
- Government, Humanitarian Aid, Food, Political and institutional effectiveness, and Social Policy
- Political Geography:
- Indonesia and Southeast Asia
97. Humanitarianism and the Global Favela: Urban Violence and Humanitarian Action in Rio de Janeiro | Travail humanitaire et favela globale : la violence urbaine et l’action humanitaire à Rio de Janeiro
- Author:
- Carolina Moulin Aguiar and Jana Tabak
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- Cultures & Conflits
- Institution:
- Cultures & Conflits
- Abstract:
- The paper aims at investigating the dilemmas involved in the recent turn of international humanitarian organizations to urban areas of the Global South. The incorporation of impoverished urban communities—such as Rio de Janeiro’s favelas—in the landscape of humanitarian action results from a particular reading that connects urbanization processes with a redefinition of the scope of humanitarian action. The paper argues that the transposition of humanitarian protection and assistance to other situations of violence, such as Rio’s favelas, is premised on the construction of slums as marginal sites of insecurity and as the epitome of all problems related to urban processes in developing and underdeveloped societies. Based on a review of Médecins sans frontières’ project in Complexo do Alemão - Rio de Janeiro, from 2007 to 2009, the paper concludes with a critical reading of the consequences of recognizing favelas (and the global slum) as a problem of security and protection, without acknowledging the complex democratic dimensions of local political struggles.
- Topic:
- Development, Humanitarian Aid, Urbanization, and Slums
- Political Geography:
- Brazil and South America
98. The Lampedusa Border. Setting the plot around security and humanitarianism | La frontière Lampedusa. Mises en intrigue du sécuritaire et de l’humanitaire
- Author:
- Paolo Cuttitta
- Publication Date:
- 09-2015
- Content Type:
- Journal Article
- Journal:
- Cultures & Conflits
- Institution:
- Cultures & Conflits
- Abstract:
- This paper presents the island of Lampedusa as the theatre stage on which the “border play” of immigration control is performed. The paper first introduces the performers and spectators of the play, outlining their roles and places with respect to the architecture of the theatre space as well as the dramaturgy of the play. Next, the paper analyses the five acts of the play, notably examining the time period in which each of them transpires and the most marking or spectacular events. Each act is analysed with regard to its dominant narratives. The war against irregular migration is waged and justified in resorting to two different narratives: one being security, and the other humanitarian. On the Lampedusa stage, while both narratives take turns commanding the scene, they both are in fact always present. The two rhetorics are intertwined with one another, and together they contribute to constituting and strengthening the policies and practices of migration and border control.
- Topic:
- Security, Humanitarian Aid, Immigration, Border Control, and Borders
- Political Geography:
- Europe, Italy, and Lampedusa
99. Harvard Field Study Course: International Response to the Syrian Refugee Crisis
- Author:
- Claude Bruderlein
- Publication Date:
- 01-2014
- Content Type:
- Working Paper
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- The Syrian refugee crisis represents one of the greatest humanitarian challenges the international community has faced over the recent years, prompting record-high levels of international aid. In view of the complexity of the political and social environment in which these challenges arise and the historical scale of the population affected, innovative and creative programmatic responses are essential to address the short and middle-term needs of refugees and reducing instability in the Middle East region. Over 20 students from Harvard Kennedy School and Harvard School of Public Health participated in "Assessment of the Syrian Refugee Crisis in Jordan and Critical Review of the National and International Responses," a winter field study course in Jordan supported by the Middle East Initiative and led by Professor Claude Bruderlein. Read more about their learning experience below and in the attached report.
- Topic:
- Human Welfare, Humanitarian Aid, International Cooperation, and Foreign Aid
- Political Geography:
- Middle East, Arabia, and Syria
100. Humanitarian Interventionism Brazilian Style?
- Author:
- Matias Spektor
- Publication Date:
- 03-2014
- Content Type:
- Journal Article
- Journal:
- Americas Quarterly
- Institution:
- Council of the Americas
- Abstract:
- Brazilian attitudes toward national sovereignty and non-intervention are in a state of flux. Leaders in Brasília are seeking to actively take part in the current global rethink about the future of humanitarian intervention, and are increasingly willing to deploy men in uniform to distant lands when the lives of civilians are at stake. The change is significant because Brazil has historically championed national sovereignty. Many in Washington DC and in European capitals, however, view this as problematic. The skeptics dismiss Brazil's newly professed commitment to humanitarian intervention as an effort to complicate the ability of the United States and its allies to intervene worldwide on behalf of democracy and human rights. As U.S. Ambassador to the United Nations Susan Rice said in reaction to the attitudes of Brazil and other developing countries to policy toward Libya, Sudan, Côte d'Ivoire, and Syria: “Let me just say, we've learned a lot and, frankly, not all of it encouraging.”
- Topic:
- Human Rights, Humanitarian Aid, and United Nations
- Political Geography:
- Washington and Syria