Search

Begin New Search Topic International Law Political Geography Europe

131. European Games Institutional Innovation: The Making of Eurojust (1996-2004)

Author:
Michel Mangenot
Publication Date:
01-2009
Content Type:
Working Paper
Institution:
Centre for European Political Sociology
Abstract:
Eurojust is the new judiciary co-operation unit of the European Union. This article analyses the decision-making process behind its creation, explained in terms of 'institutional games'. The establishment of Eurojust illustrates the specificities of European institutional configurations and the interactions occurring in Brussels among officials, judges and ministers. Moreover, it elucidates the important role of the leadership of the General Secretariat of the Council, and the socialisation and specialisation of a group with a high level of intellectual resources, willing to participate to the 'noble' task of institutional innovation. This article defines the determining factors of intense interinstitutional competition, where the Commission and OLAF adhere to autonomous and parliamentary principles. Furthermore, it takes into account the specific work undertaken by the Presidency (or Presidencies), as well as the decisive role of the Intergovernmental Conference, which, through the means of a high level of decision-making, enables specific moves to be made in the games.
Topic:
Conflict Resolution, Government, International Law, and Treaties and Agreements
Political Geography:
Europe

132. Categorizing Groups, Categorizing States: Theorizing Minority Rights in a World of Deep Diversity

Author:
Will Kymlicka
Publication Date:
12-2009
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Since 1989 we have witnessed a proliferation of efforts to develop international norms of the rights of ethnocultural minorities, such as the UN's 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, the Council of Europe's 1995 Framework Convention for the Protection of National Minorities, and the Organization of American States' 1997 draft Declaration on the Rights of Indigenous Peoples. This activity at the level of international law is reflected in a comparable explosion of interest in minority rights among normative political theorists. In the same twenty-year period we have seen a proliferation of attempts at formulating a normative theory of minority rights and examining how minority rights relate to broader political values (such as freedom, equality, democracy, and citizenship) and broader normative frameworks (such as liberalism, communitarianism, and republicanism). Key works here include those by Charles Taylor, Jim Tully, Iris Young, Jeff Spinner-Halev, Bhikhu Parekh, Yael Tamir, Joseph Carens, Susan Okin, and Anne Phillips—a rich literature that has informed and inspired my own work in the field.
Topic:
International Law
Political Geography:
United States, America, and Europe

133. Human Rights and Genocide: The Work of Lauterpacht and Lemkin in Modern International Law

Author:
Ana Filipa Vrdoljak
Publication Date:
11-2009
Content Type:
Journal Article
Abstract:
2008 marked the sixtieth anniversary of the adoption of the Genocide Convention and Universal Declaration of Human Rights by the UN General Assembly. These two instruments adopted and proclaimed by the then newly formed world body on successive days, 9 and 10 December 1948 respectively, represent two sides of one coin. Born of the horrors of the 1930s and 1940s, the United Nations Charter speaks of human rights and to the importance of the rule of law. The Genocide Convention and UDHR are integral to the pursuit of these aims. The work of two international lawyers, Hersch Lauterpacht and Raphael Lemkin, whose personal and familial histories traverse the tragedies of 20th century Europe, was instrumental in the realization of these twin efforts. This article examines their respective contributions to contemporary international law by concentrating on their European experience from their youth in Central Europe and the early days of the League of Nations to their mature work up to and including the Nuremberg Judgment. Important events – whether serious, happy or unfortunate – do not change a man's soul, they merely bring it into relief, just as a strong gust of wind reveals the true shape of a tree when it blows off all its leaves. Such events highlight what is hidden in the shadows; they nudge the spirit towards a place where it can flourish.
Topic:
International Law and United Nations
Political Geography:
Europe

134. Somalia and the Pirates

Author:
Rob de Wijk and David M Anderson
Publication Date:
12-2009
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
Even though kidnappings, killings, attacks on UN and NGO compounds, suicide bombings, and the assassinations of local judges and other public figures, and the many other features of lawlessness in the Horn of Africa have become so commonplace that they are rarely now reported by European news media, from September 2008 Somalia once again dominated the news agenda. In that month pirates operating from small ports and harbours along Somalia's eastern coast mounted a series of successful attacks against international shipping, first capturing a Ukrainian vessel with its cargo of heavy armaments bound for southern Sudan (via the Kenyan port of Mombasa), and then intercepting a number of container ships before mounting an attack on a passenger vessel that was repelled by the crew. Finally, in November, the pirates landed the prize of a fully-laden Saudi-owned oil tanker. By the end of the year the pirate gangs operating out of Eyl, Haradheere and other harbours along the desolate eastern coast of Puntland, were reckoned to be holding no fewer than 40 vessels for ransom, with more than 200 crew members in captivity.
Topic:
Crime, International Law, and Maritime Commerce
Political Geography:
Africa, Europe, and Somalia

135. The refugee, the sovereign and the sea : EU interdiction policies in the Mediterranean

Author:
Thomas Gammeltoft-Hansen
Publication Date:
03-2008
Content Type:
Working Paper
Institution:
Danish Institute for International Studies
Abstract:
This paper starts from the encounter between a European navy vessel and a dinghy carrying boat refugees and other desperate migrants across the Mediterranean or West African Sea towards Europe. It explores the growing trend in the EU of enacting migration control at the high seas or international waters – so-called interdiction. It is argued that these forms of extraterritorial migration control aim at reconquering the efficiency of the sovereign function to control migration, by trying to either deconstruct or shift correlate obligations vis-à-vis refugees and other persecuted persons to third States. In both instances, European States are entering into a sovereignty game, in which creative strategies are developed in order to reassert sovereign power unconstrained by national and international obligations.
Topic:
Human Welfare, International Law, Migration, and Sovereignty
Political Geography:
Europe and West Africa

136. The Other Side of the Moons - The Schengen Information System and Human Rights: A Task for National Courts

Author:
Evelien Brouwer
Publication Date:
04-2008
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
The recent proposals of the European Commission for a European Border Management Strategy are based on an almost blind faith in the use of large-scale databases, identification measures and biometrics for immigration and border control purposes. It is clear that these measures entail a risk to the protection of not only the right to privacy and the right to data protection, but also to the freedom of movement and the principle of non-discrimination. This paper by Evelien Brouwer, lecturer at the Law School of Utrecht University, considers the human rights implications of the Schengen Information System (SIS). Describing the case of Mr. and Mrs. Moon, who have been reported as “inadmissible” in the SIS for more than ten years, the difficulties for third country nationals trying to remedy a false or unlawful SIS report are highlighted. The Moon case illustrates that the outcome of national proceedings dealing with an SIS alert can be very different. The author concludes with recommendations to guarantee individuals' rights to effective remedies and to improve the position and powers of national courts.
Topic:
Government, Human Rights, and International Law
Political Geography:
Europe

137. The United States:A normative power?

Author:
Daniel S. Hamilton
Publication Date:
05-2008
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
To what degree may the US be considered a normative power? The US foreign policy mainstream tends to reflect a varying blend of normative and hegemonic approaches. The US has been and continues to be simultaneously a guardian of international norms; a norm entrepreneur challenging prevailing norms as insufficient; a norm externaliser when it tries to advance norms for others that it is reluctant to apply to itself; and a norm blocker when it comes to issues that may threaten its position, or that exacerbate divisions among conflicting currents of American domestic thought. On balance (and despite exceptions), the US has sought to manage this normative-hegemonic interplay by accepting some limits on its power in exchange for greater legitimacy and acceptance of its leadership by others. The unresolved question today is whether the US and other key players are prepared to stick with this bargain. Closer examination of the US case also raises a considerable number of questions about the notion of the EU as a 'normative power'.
Topic:
International Relations, Foreign Policy, Defense Policy, International Law, International Organization, and International Political Economy
Political Geography:
Africa, United States, and Europe

138. Anatomy of a Fallacy: The Senlis Council and Narcotics in Afghanistan

Author:
Frédéric Grare
Publication Date:
02-2008
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Supplying the majority of the heroin consumed in Europe and nearly all consumed in Russia, Afghanistan's booming illicit drug market has not only entirely distorted the Afghan economy but also corrupted the country's nascent, fragile political system. While current norms regulating the production and traffic of illicit drugs have established the framework of an international prohibition regime, the policies associated with this regime have so far failed to stop or significantly slow the growing of Afghan opium. In 2005, in response to this situation, the Senlis Council, an international drug policy think tank, proposed the creation of a licensing system in Afghanistan which would allow the cultivation of opium for the production of essential medicines such as morphine and codeine. This system is intended to break the vicious circle of the drug economy by moving the opium trade into a legal system controlled by, and benefiting, the state. This paper adopts a critical view of the Senlis proposals, arguing that their underlying principles–economic, social and political–diverge only marginally from those underpinning previous approaches and have little potential for success under current political conditions. The paper concludes that, despite many imperfections, the current policies in place may be optimum given both Afghanistan's present situation and the structural problems inherent in the global war against drugs.
Topic:
Crime, International Law, and Markets
Political Geography:
Afghanistan, Russia, and Europe

139. Fugitive Serbian War Criminals and the West

Author:
François Clemenceau
Publication Date:
01-2008
Content Type:
Journal Article
Journal:
European Affairs
Institution:
The European Institute
Abstract:
The two main Serbian war criminals have been protected by the diplomatic goals of the main powers, which were courting Serbia. Europeans wanted to see Belgrade join the EU; Russia wanted to preserve a Slavic bloc; the U.S. deferred to Moscow. Justice lost out, according to this book, yet to be translated into English.
Topic:
International Law, International Organization, War, and International Security
Political Geography:
Russia, United States, Europe, Moscow, and Serbia

140. The History of International Legal Theory in Russia: a Civilizational Dialogue with Europe

Author:
Lauri Mälksoo
Publication Date:
02-2008
Content Type:
Journal Article
Abstract:
This review essay examines the main breaks and continuities in the history of international legal theory in Russia. In particular, it draws on works by leading Russian international law scholars: Peter Pavlovich Shafirov (1670-1739), Fyodor Fyodorovich Martens (1845-1909), Baron Mikhail Taube (1869-1956), Vladimir Emmanuilovich Hrabar (1865-1956), Fyodor Ivanovich Kozhevnikov (1893-1998) and Grigori Ivanovich Tunkin (1906-1993). The reception of these theoreticians' works in today's Russia is also examined. The history of the discipline in Russia opens itself up as a civilizational dialogue with (Western) Europe. The main questions have been: Is international law universal or fragmented; what is the progressive force in international law? The Russian theory of international law has moved from proving that 'we too are civilized/European' in the early 18th century to an aspiration towards Western European civilization in the 18th and 19th centuries to the break with the West and an affirmation of Russia's own distinctiveness and primacy in the 20th century. Those who hurriedly celebrated Russia's reunion with Europe (and Western liberal theory of international law) following the end of the Cold War should not lose sight of the longer historical perspective and especially the experiment of the 'civilizing'/Europeanizing/liberalizing project in 19th century Russian and Baltic German international law scholarship.
Topic:
Cold War and International Law
Political Geography:
Russia and Europe