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5482. Human Rights and International Investment Law: Investment Protection as Human Right?
- Author:
- Nicolas Klein
- Publication Date:
- 06-2012
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Legal research conceptualized the relationship between International Investment Law (IIL) and International Human Rights Law (IHRL) until recently rather as opposing fields of law with colliding policy interests as well as contradictory rules and regulations. However, lately a new approach is gaining increasing support in the academic community: Investment protection could be understood as being part of human rights law. Such a conclusion may be perceived as highly controversial, however, from a conceptual perspective IIL and IHRL share more common ground than differences. This article will argue, first, that certain material standards of IIL can be conceptualized to be human rights-like guarantees of a minimum standard of protection and second, that such an understanding does not lead to a neoliberal proliferation of economic rights but, to the contrary, may serve as an important conceptual tool to prevent overly extensive interpretations of investment treaties and to balance economic rights with other human rights in case of norm conflict. After all, IIL could prove to be not more, but also not less, than “One Out of a Crowd” of all other fundamental human rights.
- Topic:
- Economics, Human Rights, and International Law
- Political Geography:
- Pakistan, Germany, and Guinea
5483. European Asylum Law and the ECHR: An Uneasy Coexistence
- Author:
- Laurens Lavrysen
- Publication Date:
- 06-2012
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- During the last two decades the European Union has become a major actor in the field of asylum law. Meanwhile, human rights law, in particular the European Convention on Human Rights (ECHR), has become of paramount importance in this field. This paper highlights certain areas of concern in the European Asylum System from the viewpoint of the ECHR. It particularly focuses on the Dublin II Regulation, the reception conditions and the detention of asylum seekers.
- Topic:
- Human Rights and Law
- Political Geography:
- Europe and Dublin
5484. Re-thinking the Role of Indigenous Peoples in International Law: New Developments in International Environmental Law and Development Cooperation
- Author:
- Maria Victoria Cabrera Ormaza
- Publication Date:
- 06-2012
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Indigenous Peoples have classically been defined in terms of their situation of vulnerability and discrimination traceable back to colonialism. The first international legal instruments addressing indigenous peoples are based on such an understanding, and emphasize special protection for indigenous peoples in order to preserve their cultural identity. This article describes this approach a human rights-based one, even though, at the national level, the label “indigenous” is sometimes also interpreted as a synonym of political power. Meanwhile, international environmental law has introduced what this author calls a “functional approach” recognizing the participatory role of indigenous communities in supporting environmental conservation and use of biodiversity. From a functional perspective, it is a logical consequence to include other local communities, albeit not “indigenous” in the classical sense. Thirdly, in the sector of development cooperation, international financial institutions (IFIs) have designed policies with the aim of assuring indigenous peoples the opportunity to be consulted when IFIfunded projects could entail a negative impact on indigenous communities. At first glance, it could be said that those policies were inspired by a human rights-based approach. However, from a holistic perspective, the role of indigenous peoples becomes a more functional one. This paper contributes a critical analysis of the role of indigenous peoples from these two approaches: the human rights-based approach and the functional approach. The author argues that a definition of indigenous peoples based on a humanrights approach should be understood as encompassing also other groups living in similarly vulnerable situations. Even though a functional approach to indigenous peoples responds better to the principle of equality, this approach should be more respectful to the cultural and social values of indigenous or local communities, from whom a particular behavior is expected in order to achieve certain goals.
- Topic:
- Human Rights and International Law
- Political Geography:
- North America
5485. They Entered without any Rumor. Human Rights in the Belgian Legal Periodicals
- Author:
- Sebastiaan Vandenbogaerde
- Publication Date:
- 06-2012
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Legal periodicals offer an opportunity to gaze on the daily pursuits of legal practitioners. By measuring the attention on a certain topic, it is possible to retrace to what extent it was deemed to be important for Belgian jurists. In this particular paper, a closer look will be taken at human rights and their relevance for Belgian legal practice. Therefore, research will be done in one of the most influential periodicals in Flanders: the Rechtskundig Weekblad. The attention on human rights, and more specific the European Convention of Human Rights, can give an impression of the importance of these rights for Belgian, and more specific, Flemish legal practice. As this periodical was preoccupied with the Flemish movement, its 'ideology' also affected its reporting of human rights. Thus, legal periodicals can be found at the crossroads of all actors in the legal world.
- Topic:
- Human Rights
- Political Geography:
- Europe
5486. The EU Charter of Fundamental Rights and its Impact on Labor Law: a Plea for a Proportionality-Test "Light"
- Author:
- Herman Voogsgeerd
- Publication Date:
- 06-2012
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Traditionally, fundamental human rights have occupied an important place in labor law. The ILO constitution of 1919 focuses, for example, on the right of freedom of association. Subsequent ILO documents stress other fundamental rights such as the right to non-discrimination in the field of labor. The fundamental rights of the worker did begin to get some attention in the EU too, especially in non-binding documents such as the Community Charter of the Rights of the Worker from 1989. Since the entry into force of the Treaty of Lisbon in 2009, the Charter of Fundamental Rights introduced at the summit in Nice is legally binding to the same extent as the EU Treaty itself. The Charter includes fundamental rights in the field of labor law under the heading 'solidarity'. In this article two basic questions will be addressed. The first question will address the 'old' issue of the clash between fundamental (labor) rights and the four economic freedoms of the EU, which are seen by the ECJ as of fundamental nature as well. Since the seminal cases of Viking and Laval, a lot has been written about this theme by both European and labor lawyers. I will not revisit the literature that has been written about these cases, but the more dogmatic issue of a (potential) clash between the four economic freedoms and the fundamental rights is still in need of clarification. The second question is whether the fundamental human rights will get a more important place in the case law of the European Court of Justice now that the Charter of Fundamental Rights is of binding character, or, will there be just a continuation of the already developed relationship between fundamental freedoms and rights or between two different kind of fundamental human rights? I will focus here on case law in the field of labor law. The article will finish with a plea for a proportionality test 'light' in order to limit the interference of EU law with the essence of fundamental rights.
- Topic:
- Economics, Human Rights, and Law
- Political Geography:
- Europe
5487. Kosovo's Chances of UN Membership: A Prognosis
- Author:
- David Ighojohwegba Efevwerhan
- Publication Date:
- 06-2012
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- The International Court of Justice has ruled that Kosovo.'s unilateral declaration of independence neither violated general rule of international law nor the lex specialis. As of the time of writing, 86 UN Member States have recognized Kosovo as a State. With the judicial pronouncement in their favour, the authorities in Kosovo are likely to apply for membership in the United Nations. This paper reviews the rules and practice of UN membership admission and assesses Kosovo.'s chances of success should it apply to the world body for admission. It argues that ordinarily, Kosovo meets the requirements for admission into the UN but political considerations of the permanent members of the Security Council would constitute a clog in Kosovo.'s ambition to become the 194th member of the United Nations. However, four options are proffered as ways out of the political logjam that is sure to surface if and when, Kosovo puts in an application for admission into the membership of the UN.
- Topic:
- Security and International Law
- Political Geography:
- Kosovo and United Nations
5488. Attitudes, Ideological Associations and the Left – Right Divide in Latin America
- Author:
- Nina Wiesehomeier and David Doyle
- Publication Date:
- 06-2012
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- Do Latin American citizens share a common conception of the ideological left–right distinction? And if so, is this conception linked to individuals' ideological self-placement? Selecting questions from the 2006 Latinobarómetro survey based on a core definition of the left–right divide rooted in political theory and philosophy, this paper addresses these questions. We apply joint correspondence analysis to explore whether citizens who relate to the same ideological identification also share similar and coherent convictions and beliefs that reflect the ideological content of the left– right distinction. Our analysis indicates that theoretical conceptions about the roots of, and responsibility for, inequality in society, together with the translation of these beliefs into attitudes regarding the state versus market divide, distinguish those who self-identify with the left and those who selfidentify with the right.
- Political Geography:
- Latin America
5489. From Top To Bottom (and Back To The Top Again): Federal Spending, Sub-national Coalitions, and Protests in Argentina, 2002 – 2006
- Author:
- Lorena Moscovich
- Publication Date:
- 06-2012
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- Can federal-state relations affect popular protests? Using an extensive dataset measuring local protests in the Argentine provinces (2002– 2006), I assess the effects of the president's and governors' tactical allocations on the persistence of contentious events. I analyze how the delivery of federal resources, to both provincial governments and local social organizations, affects the chances of protests occurrence and the nature of its demands. Results show that federal spending increases the frequency of protests in the Argentine provinces, particularly when provincial governments are not involved in its delivery. In addition, protest demands are sensitive to president's discretional expenditure, suggesting a different dynamics in which protests became a legitimate channel to obtain federal monies.
- Political Geography:
- Argentina
5490. Political Factionalism in Southern Mexico: The Case of Oaxaca (2000-2006)
- Author:
- Guadalupe Correa-Cabrera
- Publication Date:
- 06-2012
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- This article provides an explanation of major civil upheaval and violent political turmoil – hereinafter referred to as “active political factionalism” – that take place in the Mexican state of Oaxaca. More specifically, this work identifies the main causes of extra-institutional protest politics or uncivil modes of political action that seriously affect political stability and undermine democratic advancement. The analysis focuses on the effects of two groups of explanatory factors: i) deteriorated socioeconomic conditions (such as poverty and inequality), and ii) institutional limitations (corruption, electoral exclusion, a weak rule of law, among others) in a context of “subnational authoritarianism.” The study also examines some of the mechanisms through which these variables operate and interact with other factors (resources, opportunities, government actions, etc.) to generate political factionalism. This work finally assesses the relative importance of these two groups of explanatory factors. Evidence presented here shows that institutional factors are the primary sources of political factionalism in Oaxaca, while socioeconomic factors are quite significant but not predominant.
- Political Geography:
- Mexico