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91. What Future for Human Rights?

Author:
James W. Nickel
Publication Date:
08-2014
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Like people born shortly after World War II, the international human rights movement recently had its sixty-fifth birthday. This could mean that retirement is at hand and that death will come in a few decades. After all, the formulations of human rights that activists, lawyers, and politicians use today mostly derive from the UN Universal Declaration of Human Rights, and the world in 1948 was very different from our world today: the cold war was about to break out, communism was a strong and optimistic political force in an expansionist phase, and Western Europe was still recovering from the war. The struggle against entrenched racism and sexism had only just begun, decolonization was in its early stages, and Asia was still poor (Japan was under military reconstruction, and Mao's heavy-handed revolution in China was still in the future). Labor unions were strong in the industrialized world, and the movement of women into work outside the home and farm was in its early stages. Farming was less technological and usually on a smaller scale, the environmental movement had not yet flowered, and human-caused climate change was present but unrecognized. Personal computers and social networking were decades away, and Earth's human population was well under three billion.
Topic:
Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, and International Affairs
Political Geography:
United States, Japan, China, Europe, Asia, and United Nations

92. The Future of Human Rights: A View from the United Nations

Author:
Andrew Gilmour
Publication Date:
08-2014
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Ever since the Charter of the United Nations was signed in 1945, human rights have constituted one of its three pillars, along with peace and development. As noted in a dictum coined during the World Summit of 2005: "There can be no peace without development, no development without peace, and neither without respect for human rights." But while progress has been made in all three domains, it is with respect to human rights that the organization's performance has experienced some of its greatest shortcomings. Not coincidentally, the human rights pillar receives only a fraction of the resources enjoyed by the other two—a mere 3 percent of the general budget.
Topic:
Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, and International Affairs
Political Geography:
Europe and United Nations

93. From Empire to Sovereignty — and Back?

Author:
Jens Bartelson
Publication Date:
08-2014
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Sovereignty apparently never ceases to attract scholarly attention. Long gone are the days when its meaning was uncontested and its essential attributes could be safely taken for granted by international theorists. During the past decades international relations scholars have increasingly emphasized the historical contingency of sovereignty and the mutability of its corresponding institutions and practices, yet these accounts have been limited to the changing meaning and function of sovereignty within the international system. This focus has served to reinforce some of the most persistent myths about the origin of sovereignty, and has obscured questions about the diffusion of sovereignty outside the European context.
Topic:
Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, and International Affairs
Political Geography:
Europe

94. The Politics of the "Unfinished Business": Bosnian Police Reform

Author:
Dejan Guzina and Branka Marijan
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
The recent protests in Bosnia-Herzegovina (henceforth, Bosnia) have once more shown the extent of the remaining challenges in the country. However, while many commentators have examined the political, economic and social roots of the protests, less attention has been paid to the role of the police in these events. Police confusion, their inability to respond to the street protests in a timely and professional manner, and allegations of the use of excessive force against protestors represent clear evidence that the stalled police reform in the country needs to be re-examined. After almost two decades of international assistance, first by the United Nations (UN) and later the European Union (EU), police reform in Bosnia remains incomplete. Since the 2012 closing of the EU police mission (EUPM) in Bosnia, the issue of police reform has been put on hold. Bosnia's multiple police services remain fragmented and lack transparency. More importantly, the lack of harmonization, coordination and civic oversight leads to political interference in policing.
Topic:
Civil Society, Human Rights, Law Enforcement, and Reform
Political Geography:
Europe, Bosnia, Herzegovina, and United Nations

95. The Venice Commission of the European Council – Standards and Impact

Author:
Wolfgang Hoffmann-Riem
Publication Date:
05-2014
Content Type:
Journal Article
Abstract:
The article analyses the activities of the European Commission for Democracy through Law. Addressed are the standards applied in the Commission's opinions, especially on constitutional provisions and other legal norms or drafts. The article looks at the impact that these (non-binding) opinions have on the states concerned as well as on the European Court of Human Rights. Though recommendations are sometimes disregarded, most states do react positively, at least in part. To some extent the Commission could enhance the effect of its opinions by joining forces with other relevant institutions in the field, especially the Council of Europe and the European Commission. Endorsing and implementing recommendations gives states an opportunity to share in the reputation that comes with being part of a community founded on Human Rights, the Rule of Law, and Democracy. An overall assessment is made of the Commission's approach to its work.
Topic:
Human Rights
Political Geography:
Europe

96. A Political Economy of Slum Spaces: Mathare Valley

Author:
Tiberius Barasa and Andvig Jens Chr
Publication Date:
07-2014
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
The starting point of the paper is the spatial characteristics of slums when it seeks to explain why rulers tend to neglect the welfare of their dwellers: they don't have to. Their economies are fairly closed. While located close to the centers of power, their high population density implies that they cover small space and are easy to cordon off in case of danger. The ease of control from the outside allows rulers to spend less attention to the control of their complex inside. Particularly when a slum is based on shack architecture, the high degree of mutual monitoring among dwellers may cause sharp shifts in the control regime of crime. The emphasis on spatial configurations motivates the focus on one specific slum: Mathare Valley. Paths back to colonial rule are outlined. The paper is stylistically unkempt.
Topic:
Economics, Human Rights, Human Welfare, and Politics
Political Geography:
Europe and Eastern Europe

97. The Worlds of European Constitutionalism, Gráinne de Búrca and J.H.H. Weile

Author:
Bertil Emrah Oder
Publication Date:
10-2014
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This edited volume on European constitutionalism is a compendium of essays with different interpretations on the constitutional authority and nature of the European Union (EU). This issue has faced various challenges in the last decade not only by national courts and referenda, but also vis-à-vis other international and regional actors, such as United Nations (UN) and European Court of Human Rights (ECHR).
Topic:
Human Rights, International Law, and United Nations
Political Geography:
Europe

98. Institutional Change in Turkey The Impact of European Union Reforms on Human Rights and Policing, Leila Piran

Author:
Haitham Saad Aloudah
Publication Date:
10-2014
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
Sa researcher interested in Turkish foreign policy and domestic politics, I was very captivated with the book's title as it entails an analysis of the way in which the EU reforms have impacted Turkey's human rights record and development. However, this also raises questions, such as what were the sources of the democratization and human rights reforms? Has the EU been the main force behind such transformation? Or, are there other domestic factors that we need to take into account as well? Such analysis enables us to draw significant conclusions on the development of the role of the police and other government control and protection tools in a human rights' context and evaluate possible causes of such reforms.
Topic:
Foreign Policy and Human Rights
Political Geography:
Europe and Turkey

99. The Post-2015 Agenda and the EU: Faltering in the Global Development Partnership?

Author:
Marikki Stocchetti
Publication Date:
12-2013
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The era of the Millennium Development Goals and the Millennium Declaration expires in September 2015. As the largest donor of international development aid and trader with the developing countries, the EU has a key interest in the future outcome. It has also made binding commitments to support developing countries' own efforts to fulfil the present goals, as well as to act as a global partner. In the ongoing consultation process, the UN is pushing ahead with an enabling, universal development paradigm with an enhanced development partnership that goes well beyond traditional development assistance. Whereas the EU and the UN share common ground on human rights, governance and security issues, their preliminary proposals differ significantly on the question of a global partnership. The European Commission has tabled a proposal for the Union that is still based on a very conventional donor-recipient approach, which the UN seeks to reject. The European Commission proposal is problematic because it fails to present a comprehensive analysis of the current Millennium Development Goal on a global partnership, especially regarding trade and debt issues. Instead, it focuses on developing countries' domestic policies. The EU still has time to correct this as the process unfolds. Should it fail to do so, it is highly unlikely that other donors will take up the UN proposal and push it through in the inter-governmental negotiations.
Topic:
Development, Economics, Human Rights, Foreign Aid, and Governance
Political Geography:
Europe and United Nations

100. Rule of law or rule of thumb? A New Copenhagen Mechanism for the EU

Author:
Sergio Carrera, Elspeth Guild, and Nicholas Hernanz
Publication Date:
11-2013
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies
Abstract:
The European Union, and its Area of Freedom, Security and Justice (AFSJ), is founded on a set of common principles of rule of law, democracy and human rights. This has been officially enshrined in the body of Article 2 of the Treaty on European Union (TEU) which lists "respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities" as the shared values on which the Union is rooted. One of the current modalities of action to ensure that all member states of the EU respect Article 2 TEU is to filter their compliance with these values before they accede to the Union. The so-called 'Copenhagen criteria' have been established in 1993 to ensure that all new EU member states are in line with the Union's common principles before crossing the bridge towards membership.
Topic:
Democratization, Human Rights, International Law, and Regional Cooperation
Political Geography:
Europe