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11. More Room for European Agencies in the EU Decision-Making Process?

Author:
Basile Ridard
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
The European institutions are not always able to address crises in a timely manner due to the cumbersome decision-making process. European agencies often provide the most appropriate response to the concerns of citizens and businesses that are experienced across the single market. They should be granted greater autonomy to bring to life EU policies while being made more responsible. At a time of growing uncertainties, the EU needs to further develop existing EU agencies and create new ones for addressing new cross-border challenges. A common legal framework should also be created for all EU agencies in order to harmonize their overall functioning.
Topic:
Regional Cooperation, European Union, Legal Theory, and Medicine
Political Geography:
Europe

12. "Right to Truth" and Memory Laws: General Rules and Practical Implications

Author:
Grażyna Baranowska and Aleksandra Gliszczynska-Grabias
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The “right to truth” relates to the obligation of the state to provide information about the circumstances surrounding serious violations of human rights. Despite its increas- ing recognition, the concept raises questions as to its scope and implementation as well as its existence as a free-standing right. Similarly, “memory laws” relate to the way states deal with their past. However, there are certain „memory laws” that, while officially serving as a guarantee for accessing historical truth, lead to its deformation. As a result, an “alterna- tive” truth, based on the will of the legislators, is being imposed. In this article the authors elaborate on the general nature of the new legal phenomenon of the „right to truth”, as a tool of transitional justice, in particular in the context of both providing and abusing historical truth by the legislators, through the instrument of “memory laws”.
Topic:
History, Governance, Legal Theory, Memory, and Truth
Political Geography:
Russia, Europe, Ukraine, Eastern Europe, and Poland

13. The DACA Era and the Continuous Legalization Work of the US Immigrant-Serving Community

Author:
Donald Kerwin, Roberto Suro, Tess Thorman, and Daniela Alulema
Publication Date:
02-2017
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
In June 2016, the Center for Migration Studies of New York (CMS), with support from the Open Society Foundation’s Emma Lazarus Fund II (OSF / ELF II), initiated a study on the work of non- governmental and community-based organizations (NGOs and CBOs) and their public and private partners to build capacity and to prepare to implement a large legalization program. Over a three-month period, the CMS team interviewed more than 40 agencies and 66 individuals, and intensively analyzed the work of five communities on the Deferred Action for Childhood Arrivals (DACA) program, expanded DACA (known as DACA-plus), and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The study assessed the progress of the NGO/ CBO community in building capacity to promote maximum participation in DACA, to enlist DACA beneficiaries in service, advocacy and community organizing work, and to prepare for a future large-scale legalization program. The study covers the period from DACA’s inception in 2012 to the eve of the presidential election. The prospects for any kind of legalization in the short term have darkened with the election of Donald J. Trump, and the prospects for widespread and potentially draconian enforcement actions have heightened. Although this project was commissioned, conceived, and executed with a legalization program in mind, its findings on the capacity of the immigrant-serving sector remain timely and relevant. This report presents a narrative of how the sector developed over the past four years and assesses its capabilities. As such, it presents a valuable catalogue of assets as the sector considers how it will respond to the challenges ahead. Building greater capacity to serve immigrant communities has become an even more urgent task since the presidential election. Recommendations formulated for a potential legalization program can serve as a starting point for the development of strategies to contend with the Trump administration’s immigration and refugee policies.
Topic:
Immigration, Legal Theory, Humanitarian Crisis, and DACA
Political Geography:
United States, Central America, and North America

14. DECOLONIZATION IN THE CONSTITUTIONAL SYSTEM: INDIGENOUS RIGHTS AND LEGAL PLURALISM, A COMPARATIVE STUDY BETWEEN BOLIVIA, COLOMBIA, AND ECUADOR

Author:
Sergio Miranda Hayes
Publication Date:
05-2017
Content Type:
Working Paper
Institution:
The New School Graduate Program in International Affairs
Abstract:
In the academic world, scientific literature comes mainly from the western part of the globe. Ramón Grossfoguel believes that knowledge is determined by power relations in the "post-colonial" era (Grossfoguel, 2002: 16). This means that Western powers dominate the academic world. In constitutional law, this is not the exception. However, while we can accept that it is true that many constitutional provisions, doctrine, jurisprudence and theories of Western constitutional law have influenced Latin American countries, most of these countries have also developed their own constitutional systems that have specific and new features, whose unique identity differentiates them from other systems in the world. In this paper, I will try to study the special features that Bolivia, Ecuador, and Colombia have in the recognition of indigenous rights and legal pluralism, whose discursive axis entails a “decolonizing” spirit which is the retrieval of their own institutions against the trends of hegemonic governance of the western culture as I will explain later. Latin America has faced numerous problems concerning social differentiation. In the opinion of one of the most cited authors in Latin American constitutional law, Raquel Yrigoyen, the disadvantaged were left behind from the social, economic and political issues through legal measures created by people of a favored minority, in order to maintain privileges (Yrigoyen, 2011: 139). In the case of Latin America, many of the disadvantaged match to be those survivors of the brutal Spanish conquest; the native Indians. I have chosen these three countries since they have a significant indigenous population; more than 36.6 million indigenous people in the region. In Bolivia, the number rises to 4,115,222 natives, in Ecuador 1018176,and in Colombia 1392623. (World Bank, 2014: 24-25) The Constitutions of Colombia (1991), Ecuador (2008) and Bolivia (2009) reflect the new “decolonizing” ideology; Colombia through its jurisprudence, on the one hand, and Bolivia and Ecuador, proclaiming themselves "Plurinational”countries on the other. All made great strides in recognizing indigenous rights and, consequently, in gaining their social inclusion. (Gargarella, 2014: 175) Constitutional systems are a product of history and the struggle of peoples. In these cases, the effort to include indigenous peoples in the economic, political and social spheres resulted in these new constitutional models which can be understood through a comparative study.By understanding this, advantages and disadvantages of each country to improve social inclusion of indigenous peoples in all the mentioned spheres can be found. In the first title, I will talk about the meaning of legal pluralism. In the second, I will discussthe new models of statewhich are conditioned by legal pluralism and indigenous rights. In the third, I will address indigenous autonomies and jurisdictions that are the subject of our study. And in the remaining two titles, I will discuss the most distinctive features, and rights arising from the recognition of this unique legal pluralism. All this with the purpose of exposing the new constitutional spirit of "decolonization" of these countries.
Topic:
Human Rights, Post Colonialism, Legal Theory, Colonialism, Decolonization, and Economic Inequality
Political Geography:
United States, Colombia, South America, Latin America, North America, Ecuador, and Bolivia

15. 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

16. Hotspots, Rights Denied: The lack of a legal framework is threatening the rights of migrants reaching Italy

Author:
Guilia Capitani
Publication Date:
06-2016
Content Type:
Working Paper
Institution:
Oxfam Publishing
Abstract:
The flow of migrants into Italy continues to be dealt with as an 'emergency' situation. The EU's 'hotspot' approach, outlined in the European Agenda for Migration of May 2015 as a short-term measure, has been implemented in Italy and Greece and is an approach involving EU officers, in collaboration with national authorities, in the identification, fingerprinting and registration of migrants. This paper from Oxfam Italia examines the hotspot approach in Italy through the experiences of humanitarian agencies and civil society organizations on the ground, and through the voices of migrants themselves. It concludes that, due to the lack of a legal framework, the hotspot approach seriously violates the fundamental rights of people reaching Italian shores. Oxfam calls for the Italian government and the European Union to define hotspot procedures and activities in EU and national regulations and to take medium-term action to expand the capacity of the receiving and support systems in Italy.
Topic:
Migration, Diaspora, Immigration, Refugees, and Legal Theory
Political Geography:
Europe, Greece, Italy, and Mediterranean

17. Breakfast Talk by Thuli Madonsela (former Public Protector of South Africa)

Author:
Rosalie Dieleman and David Lando
Publication Date:
11-2016
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
Ms. Madonsela is the former Public Protector of South Africa, Chairperson of the African Ombudsman Research Center in South Africa, and one of the drafters of the South African post-Apartheid constitution. She has been in the spotlight during the last year for a report she filed before leaving the Office of the Protector regarding the connection between South African President Zuma and Indian-South African lucrative businessmen Ajay, Atul, and Rajesh Gupta. The report “details a disturbing web of influence exerted over parts of the South African state by a powerful family of Mr. Zuma’s chums”,[1] the Gupta family. The report indicates that the Gupta family was involved in political appointment, including that of the South African finance minister.
Topic:
Apartheid, Corruption, Law, and Legal Theory
Political Geography:
Africa, South Africa, and Southern Africa

18. Research Spotlight: Beth A. Simmons

Author:
Meg Murphy
Publication Date:
03-2016
Content Type:
Working Paper
Institution:
Weatherhead Center for International Affairs, Harvard University
Abstract:
The International Criminal Court is saving civilian lives in multiple countries, according to research that provides the first quantitative evidence. The study by professors at Harvard University and Texas A&M, which will be featured in the summer issue of the journal International Organization, has drawn widespread attention from people on either side of a polarized debate about the ICC’s role in international justice. Vocal critics have long claimed the ICC is an ineffective obstacle to peace processes while enthusiasts believe it useful in advancing global peace and security. The underlying question: is the ICC irreparably flawed or an institution worth investing in? Now researchers Beth A. Simmons and Hyeran Jo have contributed a systematic study that can impartially inform this pressing debate in international affairs.
Topic:
United Nations, Legal Theory, Peace, and International Criminal Court (ICC)
Political Geography:
Global Focus

19. Are U.S. Drone Strikes Legal?

Author:
Kate Martin
Publication Date:
04-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
There has been much controversy and criticism about drone strikes conducted by the United States, especially those that have targeted Al Qaeda operatives outside Afghanistan in Yemen, Somalia, and the border regions of Pakistan. Many questions have surfaced about the effectiveness of using drone strikes. There is also a widespread perception that strikes have killed many civilians and that they are illegal. The Obama administration recently promised to release information about the number of civilians killed, as well as its policy guidance governing drone strikes outside Afghanistan. However, this new information is unlikely to directly address the question of what legal framework governs such drone strikes. In fact, the Obama administration has never been completely clear about its views on the legal basis for the drone program. But an understanding of the legal framework is necessary to evaluate the new information and the legality of the drone program.
Topic:
Military Strategy, Military Affairs, Counter-terrorism, Al Qaeda, Drones, and Legal Theory
Political Geography:
United States and North America

20. Global Remittances: Update on the UK-Somali Corridor

Author:
Mohamed Aden Hassan and Giulia Liberatore
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Bildhaan: An International Journal of Somali Studies
Institution:
Macalester College
Abstract:
In May 2013 Barclays Bank in the UK announced it was shutting down the accounts of four Somali Money Service Businesses (MSBs) includ- ing Dahabshiil, the largest remittance company operating in the Somali regions. Following international uproar, and a Somali diaspora-led grassroots campaign, the UK government took on the task of setting up an Action Group on Cross Border Remittances and a Somali-UK Safer Corridor Pilot Project with the aim of finding a durable solution to the problem. Two years later, however, the Safer Corridor Project has collapsed. Legal remittance flows persist, albeit in a fragile and precarious environment. This paper provides a brief update on the Safer Corridor Initiative, its challenges, and how the money transfer sector has been adapting to the process.
Topic:
International Cooperation, International Trade and Finance, Diaspora, and Legal Theory
Political Geography:
Africa, United Kingdom, Europe, and Somalia