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51. Reviving the OSCE: European Security and the Ukraine Crisis

Author:
Stefan Lehne
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
After years at the margins of international diplomacy, the Organization for Security and Cooperation in Europe (OSCE) has suddenly regained political relevance because of the Ukraine crisis that began in 2014. The organization turned out to be the most appropriate framework to manage the crisis and prevent further escalation. To continue to play a useful role in resolving this issue and in easing tensions between Russia and the West, the OSCE needs to adjust its way of working and strengthen its toolbox. As the relationship between Russia and the West deteriorated at the end of the 1990s, the OSCE’s role declined. The organization’s arms control regime eroded, its debates on human rights relapsed into ideological confrontation, and its work on promoting economic cooperation never got off the ground. The Ukraine crisis has revived the organization. While political crisis management has been left mainly to a few capitals working with the parties to the conflict, the OSCE’s monitoring mission in Ukraine has become an essential factor of stability. Violence has not stopped, however, and the mission’s work remains hampered by insufficient cooperation from the parties. The OSCE has also assumed an important role in facilitating negotiations on implementing the Minsk agreement, which contains a road map for a political settlement. However, little progress has been made so far. diplo
Topic:
Security, Political Violence, Diplomacy, Human Rights, Regional Cooperation, and Treaties and Agreements
Political Geography:
Russia, Europe, and Ukraine

52. IDENTITY PROBLEMS IN TURKEY: ALEVIS AND AKP

Author:
Özgür ÜŞENMEZ-Levent DUMAN
Publication Date:
10-2015
Content Type:
Journal Article
Journal:
Alternative Politics
Institution:
Department of International Relations, Abant Izzet Baysal University, Turkey
Abstract:
As successive Turkish governments have attempted, AKP too is trying to solve the perennial Alevi problem as part of its broader agenda regarding the question of minorities. However, this paper argues that there are two fundamental obstacles facing Turkey's conservatives in reaching a meaningful solution. First, there is the ontological issue that AKP itself does not represent a radical break with the country's tumultuous past in terms of perception toward Alevis. Secondly, there is the ideological issue that the Sunni majority, who are at the core of AKP's concept of oppressed Muslims, are hardly sympathetic to Alevi rituals or omplaints. Decades long effects of Turkish-Islamic synthesis did not bode well for that effort also. So, any recognition of equal status on religious grounds for Alevis would create a backlash for the ruling party among its rural electorate.
Topic:
Human Rights, Religion, United Nations, and Secularism
Political Geography:
Europe, Turkey, Asia, and Ankara

53. Bondage: Labor and Rights in Eurasia from the Sixteenth to the Early Twentieth Centuries

Author:
Alessandro Stanziani
Publication Date:
11-2015
Content Type:
Book
Institution:
Berghahn Books
Abstract:
For the first time, this book provides the global history of labor in Central Eurasia, Russia, Europe, and the Indian Ocean between the sixteenth and the twentieth centuries. It contests common views on free and unfree labor, and compares the latter to many Western countries where wage conditions resembled those of domestic servants. This gave rise to extreme forms of dependency in the colonies, not only under slavery, but also afterwards in form of indentured labor in the Indian Ocean and obligatory labor in Africa. Stanziani shows that unfree labor and forms of economic coercion were perfectly compatible with market development and capitalism, proven by the consistent economic growth that took place all over Eurasia between the seventeenth and the nineteenth centuries. This growth was labor intensive: commercial expansion, transformations in agriculture, and the first industrial revolution required more labor, not less. Finally, Stanziani demonstrates that this world did not collapse after the French Revolution or the British industrial revolution, as is commonly assumed, but instead between 1870 and 1914, with the second industrial revolution and the rise of the welfare state.
Topic:
Human Rights, Labor Issues, Capitalism, and Industrialization
Political Geography:
Russia, Europe, Eurasia, and Indian Ocean

54. The OSCE Security Concept

Author:
Marianna M. Yamamoto
Publication Date:
08-2015
Content Type:
Working Paper
Institution:
Center for International and Security Studies at Maryland (CISSM)
Abstract:
The OSCE security concept is a theoretical and operational framework based on the idea that international and domestic security depend on principles guiding three areas: how States deal with each other and resolve problems; the protection and promotion of individual rights within States; and the processes to develop, implement, and advance agreements regarding the principles. The OSCE security concept is based on principles that OSCE States began to develop in 1975 with the Helsinki Final Act, and continued to develop over the next decades and into the 21st century. This brief identifies and articulates the OSCE security principles by analyzing a series of official documents adopted by the OSCE States from 1975 to 2001. The concept was described in greater length in the CISSM monograph, OSCE Principles in Practice, which also tested the practical application of the principles in three case studies. The monograph then extended the research on OSCE principles to express an OSCE security concept. As a concept based on principles developed by democratic States, the OSCE security concept has significant policy implications. One highlighted in this brief is that international security cannot be achieved without the protection and promotion of individual rights and freedoms.
Topic:
Security, Human Rights, and International Cooperation
Political Geography:
United States and Europe

55. Moving beyond a Donor-Recipient Relationship? Assessing Partnership in the Joint Africa-EU Strategy

Author:
Karen del Biondo
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
The Joint Africa-EU Strategy (JAES), which was adopted in 2007, aimed to break with the traditional do¬nor-recipient relationship between the EU and Africa and to develop a true partnership. The concept of partnership has been central in EU-Africa relations ever since the Lomé Agreement (1975), but many have argued that it has been eroded by conditionalities and the end of special trade preferences. Ideally, a partnership is characterized by shared values, equality and trust, but are these principles reflected in the JAES? This study investigates this question by focusing on the thematic partnerships on peace and security and democratic governance and human rights. The paper argues that, despite the power asymmetries between the EU and Africa, the JAES has been characterized by equality in decision-making and by African ownership in capacity-building. However, while the JAES may objectively be based on shared values, the EU and the AU have often differed on how to apply those values in concrete situations, more particularly on the question which type of intervention is acceptable (conditionality, military intervention, etc.). Moreover, the analysis identifies a general feeling of mistrust amongst both parties in the partnership.
Topic:
Security, Human Rights, and Governance
Political Geography:
Africa and Europe

56. Integrity of Public Officials in EU Countries: International Norms and Standards

Author:
Gillian Dell, Albena Kuyumdzhieva, and Ádám Földes
Publication Date:
03-2015
Content Type:
Working Paper
Institution:
Transparency International
Abstract:
Good governance and good administration are among the core pillars that form the foundations of the European governance system. The principles of transparency and openness along with the right of citizens to receive impartial, fair and timely administrative services are embedded in the Founding Treaty of the EU and in the EU Charter of Fundamental Rights (EU ChFR). These principles are identical to the ones stipulated in the Universal Declaration of Human Rights and the Council of Europe's (CoE's) Convention for the Protection of Human Rights and Fundamental Freedoms.
Topic:
Human Rights
Political Geography:
Europe

57. More Women – But Which Women? The Rule and the Politics of Gender Balance at the European Court of Human Rights

Author:
Stéphanie Hennette Vauchez
Publication Date:
05-2015
Content Type:
Journal Article
Abstract:
Building on the heightened attention that the optic of judicial selection receives in the world of international courts, this article focuses its attention on one particular criterion that is gaining in importance in that respect: gender. By choosing the European Court of Human Rights as a case in point, the article provides a unique analysis of the history of the 2004 Resolution of the Council of Europe's parliamentary assembly that formulated a rule of gender balance on the list of candidates presented by states for the post of judge at the Court. It first unearths the dynamics that allowed the adoption of the rule as well as all of the fierce opposition it triggered as well as the ways in which counter-mobilization eventually prevailed and watered down the initial rule, with the help of states, the Committee of Ministers and the Court itself (which delivered its first advisory opinion on the topic in 2008). It then looks beyond the static analysis of the rule as a mere constraint and addresses in a more dynamic fashion the multiple interpretations, strategies and, ultimately, politics it opens up. By providing a unique qualitative, comparative and exhaustive analysis of the curriculum vitae of all the 120-odd women who were ever listed as candidates to the Strasbourg judicial bench (1959–2012), the article delivers original data and analyses both the features that women candidates put forth when listed for the job and the strategies of states with regard to the gender criterion. It concludes that while there is a strong proportion of candidates that support the notion that states do not differentiate according to gender or require different qualities from men and women candidates, there is a comparable proposition that contrarily indicates that the world of international judicial appointments is far from gender neutral.
Topic:
Human Rights and Politics
Political Geography:
Europe

58. More Women – But Which Women? A Reply to Stéphanie Hennette Vauchez

Author:
Françoise Tulkens
Publication Date:
05-2015
Content Type:
Journal Article
Abstract:
Having spent almost 14 years as a judge at the European Court of Human Rights, the author responds to and shares the critical view expressed by Hennette Vauchez in her article on the presence of women judges at the European Court of Human Rights. Some steps forward have admittedly been made through the voluntary action of the Council of Europe Parliamentary Assembly, but there has also been resistance in the implementation of these new rules. The gains are fragile and there are risks of regression. This situation confirms Kenney's analysis: women's progress is not natural, inevitable nor irreversible. A reaction is all the more necessary and urgent since, in the coming months of 2015 and subsequently, many elections of judges to the Court will take place, due in particular to the non-renewable nine-year term of office of judges introduced by Protocol No. 14 to the European Convention on Human Rights.
Topic:
Human Rights
Political Geography:
Europe

59. More Women – But Which Women? A Reply to Stéphanie Hennette Vauchez

Author:
Fionnuala Ní Aoláin
Publication Date:
05-2015
Content Type:
Journal Article
Abstract:
This article responds to a thoughtful intervention by Stéphanie Hennette Vauchez documenting the selection process for women seeking judicial appointment to the European Court of Human Rights. Written in the context of the author's experience as candidate for appointment to the Court, the analysis concentrates on the gendered dimensions of international institutional cultures, habits and practices that frame selection to judicial office as much as any formally applicable rules. I explore the ways in which ostensible access to international judicial bodies conceals the manifold ways in which Courts are coded masculine, and how female candidacy requires careful deliberation on performance, presentation and identity. Drawing on 'new institutionalism' theory, I underscore that female presence alone rarely undoes embedded institutional practices. Rather, transforming institutional practices and values must parallel female presence, thereby redefining the institution and the forms of power it exercises. The article concludes by reflecting on the importance of feminist judging, and argues that it is precisely the transformative political and legal changes sought by self-defined feminists that may stand the best chance of undoing the structures, habits and practices that continue to exclude women from being appointed and from engaging on terms of full equality when they arrive.
Topic:
Human Rights
Political Geography:
Europe

60. Holocaust Denial before the European Court of Human Rights: Evolution of an Exceptional Regime

Author:
Paolo Lobba
Publication Date:
05-2015
Content Type:
Journal Article
Abstract:
Litigation concerning domestic restrictions on Holocaust denial has produced a 30-year-long jurisprudence of the European Court and European Commission of Human Rights. In spite of solemnly declared principles on free speech, the Strasbourg organs have progressively developed an exceptional regime in this regard based on the 'abuse clause' envisaged under Article 17. Had this detrimental treatment remained confined to its original sphere, it could have perhaps been considered as a negligible issue. However, the scope of the abuse clause was extended to encompass a growing class of utterances, including the denial of historical facts other than the Nazi genocide. This piece begins by examining the Strasbourg case law on Holocaust denial, with a view to enucleating the effects, scope and conditions of applicability of the special regime based upon Article 17. Once the shortcomings implied by this detrimental discipline have been exposed, it shall be argued that all expressions should be dealt with under the ordinary necessity test, in which the abuse clause ought to operate as an interpretative principle. In the alternative, and as a minimum, the Court should pay due regard to the political and social context of the country where restrictions on free speech were enforced, setting aside the uniquely harsh treatment reserved for Holocaust denial.
Topic:
Genocide and Human Rights
Political Geography:
Europe