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112. European Minority Rights Law: Unilateral Legislation in Favour of Kin-Minorities
- Author:
- Tove H. Malloy
- Publication Date:
- 07-2012
- Content Type:
- Working Paper
- Institution:
- European Centre for Minority Issues
- Abstract:
- The international approach to unilateral legislation with extraterritorial reach is quite clear. General principles of customary international law entrust the state where national minorities reside with the task of securing the rights of all persons within its jurisdiction. Preferential treatment of national minorities by their kin-state is considered the exception unless it is established through bilateral treaties, or as a minimum agreed among the parties involved. The League of Nations system was the first European multilateral attempt to provide protection for minorities outside the mother state through bilateral treaties. After the collapse of the League of Nations system and the transfer of international protection of minorities to the United Nations system, bilateralism was not specifically promoted but nonetheless carried over as the main approach to kin-minority protection. This approach came under pressure after 1989 and the collapse of Communism when a number of countries adopted unilateral laws on kin-state minorities and compatriots living abroad. The bilateral approach received renewed attention, therefore, as part of the multilateral approach promoted by the international community after 1989.
- Topic:
- Human Rights, International Law, Governance, Sanctions, and Minorities
- Political Geography:
- Europe and United Nations
113. Policy-to-Outcome Indicators and the European Charter for Regional or Minority Languages
- Author:
- Federica Prina
- Publication Date:
- 09-2012
- Content Type:
- Working Paper
- Institution:
- European Centre for Minority Issues
- Abstract:
- Indicators to measure the performance of international human rights treaties are increasingly a requirement in the assessment of the impact of legal standards. In the case of national minority standards, the Council of Europe's Secretariat of the Framework Convention for the Protection of National Minorities (FCNM) began its work on indicators in 2008. A study to theorize and conceptualize political indicators describing the performance of the FCNM was produced in the areas of legal and political adaptation of provisions in the states parties to the instrument. The study concluded that further efforts should be made to encompass performance indicators assessing the direct impact of the FCNM on the lives of persons belonging to national minorities. Meanwhile, there has been no parallel process by the Council of Europe to compile indicators of impact for its other legally binding instrument that is of special relevance to national minorities: the European Charter for Regional or Minority Languages (the Charter). This paper provides a preliminary conceptual framework for the development of indicators to measure the impact of the Charter in the states parties to the instrument, using a policy-to-outcome approach.
- Topic:
- International Law, Governance, and Minorities
- Political Geography:
- Europe
114. Andrea Carcano. L'occupazione dell'Iraq nel diritto internazionale
- Author:
- Mirko Sossai
- Publication Date:
- 02-2011
- Content Type:
- Journal Article
- Abstract:
- The renewed interest in the law of belligerent occupation probably reached its peak in 2009, when various monographs were published by distinguished authors as well as by younger scholars. The book under review originated from a doctoral thesis defended by Andrea Carcano at the University of Milan. His investigation focuses on the 2003 occupation of Iraq as the ideal test-case to verify whether the existing legal regime is adequate to address the challenges posed by present-day scenarios, including Afghanistan, Congo, and the Arab–Israeli conflict. The book is divided into three parts. The first one comprises two chapters, which present respectively the legal framework of belligerent occupation and the other applicable norms of international law. Chapter I takes a historical perspective on the legal concept of occupation, which the author considers functional to the subsequent analysis for two main reasons: to investigate the underlying values guiding the development of the law of belligerent occupation; and to compare current theories regarding the role of the law in such a situation with similar arguments upheld in the past (at 13). Carcano identifies three epochs, which modelled different concepts of occupation. The first one is valid until the Modern Age and is influenced by the Roman law tradition: occupation is considered as 'conquest and exploitation of the territory'. The modern notion of occupation, defined as 'administration and effective control', emerged during the 18th century, at the time of the consolidation of sovereign states in Europe. Whereas Vattel had already in theory identified the differentiation between sovereignty and private ownership, it was August Heffter, a century later, who first recognized the legal implications of the distinction between occupatio bellica and debellatio (at 24). Finally, the last model is that of the occupation as 'transformation': Carcano identifies it as 'a military action aimed at the radical …
- Topic:
- Development and International Law
- Political Geography:
- Afghanistan, Europe, Israel, Paris, and Arabia
115. Gaius, Vattel, and the New Global Law Paradigm
- Author:
- Rafael Domingo
- Publication Date:
- 08-2011
- Content Type:
- Journal Article
- Abstract:
- Emer de Vattel (1714–1767), in his influential work The Law of Nations, established a new international statist paradigm which broke with the classical partition of the law into the three realities of 'persons, things and actions' (personae, res, actiones). This new paradigm substituted the state for the person, downgraded the generic concept of 'things' to the obligations among states in their relations, and changed the focus of the concept of 'action' to that of 'war' as a legal remedy to resolve conflicts between and among states. This international paradigm (or statist paradigm) has survived almost up to our time in international praxis. Nonetheless, today the statist paradigm appears to be in every way insufficient, since it does not consider humanity as a genuine political community, nor does it reflect the three-dimensionality of the global law phenomenon. The transformation of the law that governs our international community (international law) into a law that is capable of properly ordering the new global human community (global law) demands the creation of a new paradigm, originating in the following conceptual triad: global human community, global issues, and global rule of law. In the construction of this new global paradigm, cosmopolitan constitutionalism could play a key role.
- Topic:
- International Law
- Political Geography:
- Europe
116. The European Tradition in International Law: Walther Schücking
- Author:
- Christian J. Tams
- Publication Date:
- 08-2011
- Content Type:
- Journal Article
- Abstract:
- In their 'mission statement', the European Journal's founding editors announced the launch of an occasional focus section devoted to the work of international lawyers who stood for particular aspects of the 'European Tradition in International Law', rather boldly set in the singular. Previous focus sections have assessed the continuing relevance of (and typically celebrated) the likes of, for example, George Scelle, Roberto Ago, Alfred Verdross, Hans Kelsen, and Max Huber.
- Topic:
- International Law
- Political Geography:
- Europe
117. How Effective is the United Nations Committee Against Torture?
- Author:
- Ronagh McQuigg
- Publication Date:
- 08-2011
- Content Type:
- Journal Article
- Abstract:
- This article examines the question of how states have responded to the comments of the United Nations Committee against Torture through an analysis of eight Western European states. It is concluded that the Committee's recommendations have had a substantial impact in four of the states surveyed, however only a limited effect in two other states, and little or no impact in the two remaining states. These findings lead to concerns as regards the effectiveness of the Committee against Torture. The article focuses on the Concluding Observations made by the Committee on the reports submitted by the states in question.
- Topic:
- International Law
- Political Geography:
- Europe and United Nations
118. Fighting Maritime Piracy under the European Convention on Human Rights
- Author:
- Stefano Piedimonte Bodini
- Publication Date:
- 08-2011
- Content Type:
- Journal Article
- Abstract:
- On the basis of real examples of anti-piracy operations conducted in the Indian Ocean by European navies, the article examines the legal implications of such military actions and their judicial medium- and long-term consequences in the framework of the European Convention on Human Rights. The only existing authority directly addressing maritime piracy, although from the sole perspective of state jurisdiction, is the recent Grand Chamber judgment in Medvedyev and Others v. France. The Court's approach and conclusions in Medvedyev will be analysed in section 2. Section 3 will explore other important issues likely to be raised under the Convention by anti-piracy operations. Section 4 will consider the question of state responsibility, i.e., jurisdiction and attribution, in the context of anti-piracy operations carried out on the high seas or on the territory of third states.
- Topic:
- Human Rights and International Law
- Political Geography:
- Europe
119. Governing the blue-green Baltic Sea: Societal challenges of marine eutrophication prevention
- Author:
- Mia Pihlajamäki and Nina Tynkkynen
- Publication Date:
- 11-2011
- Content Type:
- Working Paper
- Institution:
- Finnish Institute of International Affairs
- Abstract:
- The PROBALT report identifies the challenges of Baltic Sea eutrophication governance and scrutinises past, ongoing and planned efforts to meet these challenges at the European Union and national levels, as well as within the Baltic Sea regional cooperation regime HELCOM. Considering that the Baltic Sea has been the focus of environmental management efforts for 40 years, it is surprising that in reality the ecological state of the Baltic Sea is not improving. This implies that protective efforts such as international and national policies and regulations, as well as their implementation, have not been effective enough.
- Topic:
- Environment, International Law, and Regional Cooperation
- Political Geography:
- Europe
120. 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