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201. Enhancing Minority Governance in Romania. Report on the Presentation on Cultural Autonomy to the Romanian Government

Author:
Christopher Decker
Publication Date:
03-2005
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
ECMI organized the first event of the “Improving Inter-Ethnic Relations through Enhanced Minority Governance” project on 3 February 2005 in Bucharest, Romania. The deputy prime minister, the head of the Department for Inter-ethnic Relations and four members of parliament attended the meeting. ECMI and two experts met with the group in the Government Building to discuss the issues surrounding cultural autonomy and the draft law on the status of national minorities. The purpose of the meeting was to provide the government with information concerning the issue of cultural autonomy for the draft law on the status of national minorities, which is currently being drafted by the Hungarian Democratic Union from Romania (UDMR) and the other 18 national minority parties represented in the Chamber of Deputies. This report seeks to provide an account of the presentations and discussions that took place during this meeting, including the theory and practicalities of cultural autonomy and the model of cultural autonomy used in Estonia.
Topic:
Demographics, Government, and Human Rights
Political Geography:
Europe, Estonia, and Romania

202. National Minority 'Regions' in the Enlarged European Union: Mobilizing for Third Level Politics?

Author:
Tove H. Malloy
Publication Date:
07-2005
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The Laeken Declaration adopted by the European Council in December 2001 recognized, for the first time in European Union (EU) history, regions as potential co-architects of a new and more democratic EU. The Laeken Declaration also initiated the Convention to draft a new Constitution for Europe. The Constitution was negotiated during the Intergovernmental Conference and presented to the citizens of Europe in June 2004. On 29 October 2004, it was signed by heads of states and governments and sent to parliaments for ratifications and referenda. The Constitution provisions an expansion of the principle of subsidiarity affording greater influence to European citizens residing in self-administering and self-governing regions. Article III-270 of the Constitution will empower the Committee of the Regions (CoR) to petition the European Court of Justice (ECJ) on policy matters violating the principle of subsidiarity as laid out in the Constitution. This could become a substantial empowerment of European regions. Although most national minorities do not constitute designated European regions and the Constitution may not be ratified anytime in the near future, the envisaged empowerment of the CoR may nevertheless contribute to a redefinition of the national minority political space. With some of the new members and accession states representing 'regions' of strong national minority identities, the EU may be facing new challenges of integrating diversity. The influence of national minorities in the decision-making processes may therefore assume relevance in the enlarged EU.
Topic:
Demographics, Human Rights, and Politics
Political Geography:
Europe

203. Settlers, Refugees, and Immigrants: Alternative Futures for Post-Settlement Cyprus

Author:
Neophystos G. Loizides and Marcos A. Antoniades
Publication Date:
03-2004
Content Type:
Working Paper
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
The central theme of this article is the introduction of scenario planning in the negotiation of the settler, refugee, and immigration issues in Cyprus and other divided societies. While advocating support for the United Nations Plan for the Comprehensive Settlement of the Cyprus Question (the .Annan Plan.), the article proposes alternative ways of linking its immigrant, Turkish settler and Greek Cypriot (GC) refugee quotas. The Turkish Cypriot (TC) community is provided with a choice between a community-homogeneous future with fewer settlers and refugees, and a multicultural one with more of each. Subsequently, an explicit link is made between the numbers of the Greek Cypriot refugees and those of the Turkish settlers, immigrants, and TC émigrés. This paper argues that a TC constituent state which accommodates more of the latter should also be in a position to welcome more GCs under a low percentage of the TC population: a potentially win-win situation. Finally, we address the scenario in which TCs opt for a multicultural future but GC refugees do not actually resettle, with a safeguard provision that compensates the GC side in another issue such as security, government, or even territory. By compensating possible losses in one area with favorable readjustments in another, these safeguards eliminate worst case scenarios for both sides, preserve the initial balance of the negotiated settlement, and maximize the negotiability and credibility of the Annan Plan. At the same time, the settler, refugee, and immigration issues are linked in new and innovative ways to emphasize a better human rights environment for all.
Topic:
International Relations, Human Rights, and Migration
Political Geography:
Europe

204. Global Best Practices: Judicial Councils: Lessons Learned from Europe and Latin America

Author:
Sandra Elena and Violaine Autheman
Publication Date:
04-2004
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
International and regional human rights treaties recognize the right to a fair trial by an independent tribunal in the determination of rights and obligations in civil, commercial and administrative matters and in the determination of criminal charges. The right to a fair trial and its core components, including the “reasonable time” requirement and the principle of judicial independence, is now universally accepted. Building upon the declarations of principle of legally binding conventions, international and regional expert guidelines and principles have aimed at fleshing out the specific elements of judicial independence. In addition, international and regional human rights courts and commissions have interpreted the provisions of human rights treaties and shed some light on the minimum standards and components of the right to a fair trial and judicial independence.
Topic:
International Relations, Human Rights, and International Law
Political Geography:
Europe and Latin America

205. Majority Rules and Incentives—International voting affects domestic policies

Author:
Bård Harstad
Publication Date:
03-2004
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
A “majority rule” defines the number of club-members that must approve a policy proposed to replace the status quo. Since the majority rule thus dictates the extent to which winners must compensate losers, it also determines the incentives to invest in order to become a winner of anticipated projects. If the required majority is large, the members invest too little because of a hold-up problem, if it is small, the members invest too much in order to become a member of the majority coalition. To balance these opposing forces, the majority rule should increase in the level of minority protection (or enforcement capacity) and the project's value but decrease in the ex post heterogeneity. Strategic delegation turns out to be sincere exclusively under this majority rule. Externalities can be internalized by adjusting the rule. With heterogeneity in size or initial conditions, votes should be appropriately weighted or double majorities required. The analysis provides recommendations for Europe's future constitution.
Topic:
Government, Human Rights, and Politics
Political Geography:
Europe

206. Economic Survey of the Netherlands, 2004

Publication Date:
05-2004
Content Type:
Policy Brief
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
The economic downturn in the Netherlands, like the boom that preceded it, has been more marked than in most other European countries. This is partly attributable to greater exposure to international trade, especially with the US, and to greater sensitivity to international stock price movements. But there are also some structural policies – pension fund regulation, housing and wage setting institutions – that have undermined economic efficiency and contributed to the amplitude of the cycle. Furthermore there has been a marked deterioration in public finances, part of which is structural. Longer term growth trends too are unfavourable. In view of these developments, the main challenges are to reform those policies that have reduced efficiency and increased volatility, put public finances on a sustainable path, and, most importantly, increase trend growth by increasing both employment and productivity.
Topic:
Agriculture, Economics, Environment, Human Rights, International Organization, and Political Economy
Political Geography:
Europe and Netherlands

207. What Constitutions Can Do (But Courts Sometimes Don't):Property, Speech, and The Influence of Constitutional Norms on Private Law

Author:
Oliver Gerstenberg
Publication Date:
05-2004
Content Type:
Working Paper
Institution:
Minda de Gunzburg Center for European Studies, Harvard University
Abstract:
Against the background of the ECtHR's recent decision in Appleby v UK (a European “counterpart” to the well-known US Supreme Court decision in Marsh v Alabama) the paper addresses, first, the issue of the influence, often perceived as dilemmatic, of human rights norms and constitutional norms on private law. In a second step, then, the paper discusses the promise—and a possible dilemma—of “comparative constitutionalism” as an engine of a more denationalized “constitutional patriotism”: the dilemma that we trade the “closure” of domestic exceptionalism against the new, systemic “closure” of “too much” judicial comity and professionalism, the closure of a new Juristenrecht.
Topic:
Human Rights and International Law
Political Geography:
United States, United Kingdom, and Europe

208. Secure Borders: The European Experience - A Roundtable with Jonathan Faull

Author:
Mark R. Shulman
Publication Date:
03-2004
Content Type:
Working Paper
Institution:
EastWest Institute
Abstract:
The EastWest Institute hosted a roundtable discussion with Jonathan Faull, Director-General, Justice and Home Affairs (JHA) of the European Commission. Mr. Faull discussed various important, innovative and effective initiatives that JHA is pursuing to cultivate security while promoting freedom and justice throughout Europe and its new neighborhood. He also discussed impending changes to the US visa regime and their potential impact on transatlantic trade, educational and cultural exchanges, tour ism and relations generally. Other participants included leading experts and scholars from the media, universities, think tanks, and human rights organizations.
Topic:
International Relations, Security, Education, Human Rights, and Culture
Political Geography:
United States and Europe

209. Chechnya Weekly: No Letup In Pressure On Refugees

Author:
Lawrence Uzzell
Publication Date:
03-2004
Content Type:
Policy Brief
Institution:
North Caucasus Weekly (formerly Chechnya Weekly), The Jamestown Foundation
Abstract:
According to an Interfax report on March 17, the federal, Chechen and Ingush authorities are continuing with their plans to dismantle the remaining refugee camps in Ingushetia, and human rights activists are continuing to protest that this is a tactic to force refugees to return to Chechnya against their will. Mompash Machuev, deputy head of the Kadyrov administration's committee for refugees, told the news agency that the Sputnik camp in Ingushetia--one of only two that remain in that republic--is to be closed by the end of March, and all its tents dismantled. Lyudmila Alekseeva, head of the Moscow Helsinki Group, commented “I continue to insist that the refugees are returning to Chechnya not voluntarily but because they are being forced to. Those who truly wanted to return have long since done so.”
Topic:
Security, Ethnic Conflict, and Human Rights
Political Geography:
Russia, Europe, Asia, Chechnya, Moscow, and Ingushetia

210. Chechnya Weekly: Newspaper Describes Deplorable Conditions Awaiting Refugess; Human Rights Report Reaches Similar Conclusions

Author:
Lawrence Uzzell
Publication Date:
02-2004
Content Type:
Policy Brief
Institution:
North Caucasus Weekly (formerly Chechnya Weekly), The Jamestown Foundation
Abstract:
What awaits the refugees now living in Ingushetia if the administration of Russian President Vladimir Putin succeeds in its stated goal of getting all of them to return to Chechnya by March? Anna Politkovskaya reported in the February 16 issue of Novayagazeta on her visit to the hamlet of Okruzhnaya on the outskirts of Grozny—which construction workers hired by the Kadyrov administration are supposedly making livable.
Topic:
Security, Ethnic Conflict, and Human Rights
Political Geography:
Russia, Europe, Asia, Chechnya, and Ingushetia