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131. Politics Prevail in EU Enlargement

Author:
Julie Herschend Christoffersen
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies
Abstract:
On 9 December 2011, the European Council will discuss Serbia as a future member of the EU. Serbia has come a long way in the past ten years, and the captures of alleged war criminals in recent years have underlined the commitment to a European future on the part of the Serbian government. However, Kosovo remains a serious obstacle for Serbia's EU dreams, as the latest developments in the region have demonstrated. The internal division of the EU on the issue complicates the matter further. Once again, politics prevails in EU enlargement. This DIIS Policy Brief focuses on some of the underlying dynamics of the EU enlargement.
Topic:
Conflict Resolution, Democratization, and Human Rights
Political Geography:
Europe and Balkans

132. Power to the People? Reactions to the EU's response to the Arab Spring

Author:
Jamie Balfour-Paul
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
The EU has a long history of co-operation with the Arab region. Its economic and security interests in the region are considerable. In line with the European Consensus on Development, respect for human rights and democracy have been explicit values within EU development policies. Past EU co-operation in the region, especially in health and education, has achieved successes and enabled people to claim certain rights.
Topic:
Civil Society, Democratization, Human Rights, Regime Change, and Bilateral Relations
Political Geography:
Europe, Middle East, and Arabia

133. The Convergence of the European Legal System in the Treatment of Third Country Nationals in Europe: The ECJ and ECtHR Jurisprudence

Author:
Sonia Morano-Foadi and Stelios Andreadakis
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This article, based on a broader project, focuses on the interaction between the two European Courts (the Court of Justice of the European Union – ECJ and the European Court of Human Rights – ECtHR) and uses the specific area of expulsion/deportation of third country nationals (non-EU nationals) from European territory as a case study. The work examines the ECJ's and ECtHR's divergent approaches in this area of law, and it then provides some preliminary reflections on the potential of the EU Charter of Fundamental Rights and the EU's accession to the European Convention of Human Rights (ECHR) to achieve a more harmonious and convergent human rights system in Europe. It finally argues that the post-Lisbon era has the potential to enhance the protection of fundamental rights within the continent.
Topic:
Human Rights
Political Geography:
Europe

134. European Union accession to the European Convention on Human Rights: an institutional "marriage"

Author:
Konstantinos G. Margaritis
Publication Date:
08-2011
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
A possible accession of European Union (hereinafter: EU/the Union) to the European Convention on Human Rights (ECHR/the Convention) has been discussed in legal society for more than thirty years. The topic had widely opened after the 1979 Commission Memorandum where the major pros and cons were underlined and practical problems were addressed. This discussion led to an official request to the European Court of Justice (ECJ/the Court) in relation to the legality of such accession; the outcome was included in opinion 2/94 that found such accession incompatible with the European Community (EC/the Community) Treaty. However, the whole argumentation regarding EU accession to ECHR had originated earlier, the first approach of the sensitive issue of fundamental rights. Technical problems arose from the other part as well. The ECHR was constructed for States to participate in so the accession of an organization such as the EU would demand significant amendments. A relevant proposal from the Council of Europe's point of view was manifested in the Steering Committee for Human Rights (CDDH) Document DG-II 2002. protection at an EU level was directed by the ECJ that had envisaged the conceptual influence of the Convention to the EU and developed the doctrine of Community protection of fundamental rights.
Topic:
Human Rights, Human Welfare, and Regional Cooperation
Political Geography:
Europe

135. Contrasting Rhetoric and Converging Security Interests of the European Union and China in Africa

Author:
Anna Stahl
Publication Date:
03-2011
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
In recent years, both the European Union (EU) and the People's Republic of China (PRC) have considerably stepped up their presence in Africa, including in the field of peace and security. This article discusses how the EU's and China's understanding of governance and sovereignty affects their respective security strategies in Africa. It argues that although European and Chinese rhetoric significantly differs in terms of the doctrines of sovereignty and governance, the conventional wisdom of two competing security models is inaccurate. As a matter of fact, Brussels and Beijing pursue converging security interests in Africa, a fact that can open the door for coordinated Sino-European crisis management efforts.
Topic:
Human Rights and Sovereignty
Political Geography:
Africa, China, Europe, and North America

136. The "Peoples' Congresses" in Russia: Failure or Success? Authenticity and Efficiency of Minority Representation

Author:
Alexander Osipov
Publication Date:
08-2011
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
This paper addresses the phenomenon of public fora which are designed to represent certain ethnic groups and are set up through popular vote. The academic and practical interest in such "congresses" results from the fact that over time it has been shown that these endeavors have: (1)proven to be viable and durable organization structures for about two decades; (2)secured flexibility in their establishment and functioning;(3) provided for mass participation in public discussions and voting; (4) avoided "identity trap" and most complexities related to setting qualifications and the selection of eligibility criteria for the participants; (5) been a bridge between minority activists and public authorities. At the same time, the real practical outcomes, the ability to act independently and visibility of the "congresses" on the political landscape are far from being obvious, and this raises questions about the reasons for such doubtful achievements and the very meaning of "representation" in such a context.
Topic:
Human Rights, Governance, Law, and Minorities
Political Geography:
Russia, Europe, and Asia

137. Is There a Puzzle? Compliance with Minority Rights in Turkey (1999-2010)

Author:
Gözde Yilmaz
Publication Date:
01-2011
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
The Helsinki Summit in 1999 represents a turning point for EU–Turkey relations. Turkey gained status as a formal candidate country for the EU providing a strong incentive to launch democratic reforms for the ultimate reward of membership. Since 2001, the country has launched a number of reforms in minority rights. Many controversial issues, such as denial of the existence of the Kurds, or the lack of property rights granted to non-Muslim minorities in the country, have made progress. Even though the reforms in minority rights may represent a tremendous step for the Europeanization process of Turkey, the compliance trend in minority rights is neither progressive nor smooth. While there is a consensus within the literature about the acceleration of reforms starting in 2002 and the slow down by 2005 in almost all policy areas, scholars are divided into two camps regarding the continuing slow down of the reform process or the revival of the reforms since 2008. I argue, in the present paper, that the compliance process with minority rights in Turkey is puzzling due to the differentiated outcome and the recent revival of behavioral compliance. I aim to shed light on the empirical facts in the least-likely area for reform in the enlargement process. Through a detailed analysis of minority-related reform process of Turkey being an instance of ongoing compliance, the paper contributes to the literature divided on the end result of Europeanization in the country recently.
Topic:
Democratization, Human Rights, and Minorities
Political Geography:
Europe, Turkey, and Asia

138. New Research on Transitional Justice

Publication Date:
02-2011
Content Type:
Video
Institution:
The Harriman Institute
Abstract:
Participants: Aryeh Neier (Founder, Human Rights Watch and President, Open Society Institute), Monika Nalepa (Political Science Department, Notre Dame University), Lara Nettelfield (Post-Doctoral Fellow, Harriman Institute, Columbia University), Tina Rosenberg (Pulitzer Prize-winning author of The Haunted Land: Facing Europe\'s Ghosts after Communism), Ruti Teitel (Ernst C. Stiefel Professor of Comparative Law, and Associate Director, Center for International Law, New York Law School, and Visiting Professor, London School of Economics), and Leslie Vinjamuri (School of Oriental and African Studies, University of London). This event is part of the "Human Rights in the Post-Communist World: Strategies and Outcomes " series (Harriman Core Project 2010-2011).
Topic:
Human Rights, Human Welfare, International Law, Post Colonialism, and Law
Political Geography:
Africa, New York, and Europe

139. Human rights challenges in EU civilian crisis management

Author:
Wanda Troszczynska-van Genderen
Publication Date:
08-2010
Content Type:
Working Paper
Institution:
European Union Institute for Security Studies
Abstract:
Over the years, human rights have become an area of programmatic focus in the crisis management operations conducted by the EU. Nevertheless, the geopolitical reality after the launch of the so-called 'war on terror' witnessed the emergence of new practical impediments to human rights implementation in civilian crisis response operations. The militarisation of the humanitarian space and blurred boundaries between military and civilian tasks resulted in the increased vulnerability of civilians working in ground operations. Simultaneously, the scale of human rights violations, coupled with security threats to civilians due to both attacks by insurgents and interventions carried out by international military personnel, created operational challenges going well beyond what previous Common Security and Defence Policy (CSDP) civilian crisis management operations had to deal with.
Topic:
Foreign Policy, Defense Policy, Human Rights, and War
Political Geography:
Afghanistan and Europe

140. Power and the Past: Collective Memory and International Relations

Author:
Eric Langenbacher (ed) and Yossi Shain (ed)
Publication Date:
01-2010
Content Type:
Book
Institution:
Georgetown University Press
Abstract:
Collective memories have long influenced domestic politics and especially international affairs—a fact most recently exemplified by the terrorist attacks on the United States on September 11, 2001. The events and the memories resulting from them became powerful motivating forces for Americans almost overnight. At home, an infrastructure of commemoration quickly arose—in films like United 93 ( 2006 ); memorials including one unveiled at the Pentagon in September 2008 and the Tribute World Trade Center Visitor Center opened in 2006; and even in political campaign discourse, as at the 2008 Republican National Convention. 1 Yet, as with other collective memories worldwide, there is no consensus as to the overall meaning and lessons of September 11 over time. Instead, the continued vehemence of discussions about 9 / 11 reveals still-unresolved struggles over the construction, content, and power of the memory. What degree of prominence should this memory have in American political culture? What historical narratives are offered as explanations? Most importantly, what values and policy implications—both domestically and abroad—ought to follow?
Topic:
International Relations, Human Rights, Politics, Political Theory, and History
Political Geography:
Europe