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1. Promoting New Kinds of Legal Labour Migration Pathways Between Europe and Africa

Author:
Michael Clemens, Helen Dempster, and Kate Gough
Publication Date:
10-2019
Content Type:
Policy Brief
Institution:
Center for Global Development (CGD)
Abstract:
As Europe’s working-age population continues to decline, sub-Saharan Africa’s is rapidly increasing. Many of these new labour market entrants will seek opportunities in Europe, plugging skill gaps and contributing to economies in their countries of destination. To make the most of these movements, the new European Commission should create and promote new kinds of legal labour migration pathways with more tangible benefits to countries of origin and destination; pilot and scale Global Skill Partnership projects between Europe and sub-Saharan Africa and within Africa; and be a positive voice for migration within Europe, promoting the benefits from migration and ensuring they are understood.
Topic:
Migration, Labor Issues, Legal Theory, Borders, and Labor Market
Political Geography:
Africa and Europe

2. "Right to Truth" and Memory Laws: General Rules and Practical Implications

Author:
Grażyna Baranowska and Aleksandra Gliszczynska-Grabias
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The “right to truth” relates to the obligation of the state to provide information about the circumstances surrounding serious violations of human rights. Despite its increas- ing recognition, the concept raises questions as to its scope and implementation as well as its existence as a free-standing right. Similarly, “memory laws” relate to the way states deal with their past. However, there are certain „memory laws” that, while officially serving as a guarantee for accessing historical truth, lead to its deformation. As a result, an “alterna- tive” truth, based on the will of the legislators, is being imposed. In this article the authors elaborate on the general nature of the new legal phenomenon of the „right to truth”, as a tool of transitional justice, in particular in the context of both providing and abusing historical truth by the legislators, through the instrument of “memory laws”.
Topic:
History, Governance, Legal Theory, Memory, and Truth
Political Geography:
Russia, Europe, Ukraine, Eastern Europe, and Poland

3. ‘The Lawyers Have Given Us Hope Again’: Legal aid for protection in Europe

Author:
Valentina Bacchin
Publication Date:
07-2018
Content Type:
Case Study
Institution:
Oxfam Publishing
Abstract:
The migratory movement towards Europe through Spain, Italy and Greece is an old phenomenon, with peaks at times of conflict. But the summer of 2015 saw an exponential increase in arrivals, as people transited through Libya to Italy, through Turkey to reach Greece, and from there through the Balkans to continue their quest for safety. One of Oxfam’s biggest concerns as it has worked to respond to the crisis is that people’s fundamental human rights are not being respected, and that they face obstacles to accessing international protection for a variety of reasons. To address these issues, Oxfam has partnered with organizations in Greece, Italy and the Balkans to provide information and legal aid, and to conduct research and advocacy. This case study evaluates the work of the programme so far, analysing both its successes and challenges.
Topic:
Human Rights, International Cooperation, Migration, Legal Theory, and Humanitarian Crisis
Political Geography:
Europe, Greece, Serbia, Macedonia, and Italy

4. Exploring the Boundaries of Conditionality in the EU

Author:
Alexander Mattelaer
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
Conditionality in the EU comes in many forms: legally codified and enforced by the Court of Justice, or reliant on intergovernmental bargaining and expressed by means of political or economic (dis)incentives. This European Policy Brief explores the boundaries of the conditionality debate, and assesses what varying degrees of conditionality can and cannot achieve. The overarching objective of conditionality is to foster integration and cohesion amongst the peoples of Europe and their Member States. A sound logic of conditionality must therefore set incentives in such a way that their application contributes to this intended outcome. A balanced combination of political, legal and budgetary instruments can help remedy a major lacuna in the Treaties: the effective protection of the rule of law and democracy.
Topic:
Regional Cooperation, European Union, Democracy, Legal Theory, and Integration
Political Geography:
Europe

5. More Room for European Agencies in the EU Decision-Making Process?

Author:
Basile Ridard
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
The European institutions are not always able to address crises in a timely manner due to the cumbersome decision-making process. European agencies often provide the most appropriate response to the concerns of citizens and businesses that are experienced across the single market. They should be granted greater autonomy to bring to life EU policies while being made more responsible. At a time of growing uncertainties, the EU needs to further develop existing EU agencies and create new ones for addressing new cross-border challenges. A common legal framework should also be created for all EU agencies in order to harmonize their overall functioning.
Topic:
Regional Cooperation, European Union, Legal Theory, and Medicine
Political Geography:
Europe

6. The Legal Aspects of the MH17 Disaster: What Next?

Author:
Emma Bakkum
Publication Date:
06-2017
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
The most often discussed legal avenue is criminal law, under which individual perpetrators can be held accountable for the crimes they committed. Not only those directly responsible but also those who ordered, conspired to or aided and abetted the shooting down of MH17 can be held responsible. These individuals can be prosecuted both at the national level in domestic courts or at the international level, at the International Criminal Court (ICC) or a specially established tribunal. Criminal law, however, requires a high burden of proof. Not only needs to be proven that an individual has committed a criminal act but also that the individual did so with the required knowledge and intent, making it difficult to prosecute individuals. Under the circumstances of the MH17 situation, investigations are strenuous. Jeroen Akkermans, who was one of the first investigative journalists present at the crash site, underlined the problems with gathering evidence.
Topic:
Crime, Law, Legal Theory, and International Criminal Court (ICC)
Political Geography:
Europe, Malaysia, Ukraine, and Asia

7. Hotspots, Rights Denied: The lack of a legal framework is threatening the rights of migrants reaching Italy

Author:
Guilia Capitani
Publication Date:
06-2016
Content Type:
Working Paper
Institution:
Oxfam Publishing
Abstract:
The flow of migrants into Italy continues to be dealt with as an 'emergency' situation. The EU's 'hotspot' approach, outlined in the European Agenda for Migration of May 2015 as a short-term measure, has been implemented in Italy and Greece and is an approach involving EU officers, in collaboration with national authorities, in the identification, fingerprinting and registration of migrants. This paper from Oxfam Italia examines the hotspot approach in Italy through the experiences of humanitarian agencies and civil society organizations on the ground, and through the voices of migrants themselves. It concludes that, due to the lack of a legal framework, the hotspot approach seriously violates the fundamental rights of people reaching Italian shores. Oxfam calls for the Italian government and the European Union to define hotspot procedures and activities in EU and national regulations and to take medium-term action to expand the capacity of the receiving and support systems in Italy.
Topic:
Migration, Diaspora, Immigration, Refugees, and Legal Theory
Political Geography:
Europe, Greece, Italy, and Mediterranean

8. The ‘Bonn Powers’ of the High Representative in Bosnia Herzegovina: Tracing a Legal Figment

Author:
Tim Banning
Publication Date:
08-2015
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The article traces the legal basis of the so-called ‘Bonn Powers’ that are claimed by the Office of the High Representative (OHR) in Bosnia and Herzegovina (BiH) as the basis for its extensive legislative, judicative, and executive decisions. The OHR’s presence in BiH offers a very controversial example of how international institutions may exercise international public authority. The OHR has attracted far-reaching criticism and it has in fact been argued that its practice of adopting binding decisions runs contra to the main purpose of the civilian international presence in BiH. The contribution offers an analysis that substantiates such criticism on legal grounds. It discusses exemplary OHR decisions that reach far into the legislative, the executive, and the judicial domain of BiH and analyses possible legal sources for the broad powers claimed by the OHR. It explores the limits of the OHR’s original mandate in light of the Vienna Convention on the Law of Treaties and it looks at the implied powers doctrine as a basis for the OHR’s claims. It also considers a conferral of the ‘Bonn Powers’ on behalf of the United Nations Security Council. The article concludes that the ‘Bonn Powers’ do not qualify as a legal power and that their existence is merely a powerful, but delusive legal fiction.
Topic:
Diplomacy, International Cooperation, Legal Theory, UN Security Council, and Authority
Political Geography:
Europe and Bosnia and Herzegovina

9. Global Remittances: Update on the UK-Somali Corridor

Author:
Mohamed Aden Hassan and Giulia Liberatore
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Bildhaan: An International Journal of Somali Studies
Institution:
Macalester College
Abstract:
In May 2013 Barclays Bank in the UK announced it was shutting down the accounts of four Somali Money Service Businesses (MSBs) includ- ing Dahabshiil, the largest remittance company operating in the Somali regions. Following international uproar, and a Somali diaspora-led grassroots campaign, the UK government took on the task of setting up an Action Group on Cross Border Remittances and a Somali-UK Safer Corridor Pilot Project with the aim of finding a durable solution to the problem. Two years later, however, the Safer Corridor Project has collapsed. Legal remittance flows persist, albeit in a fragile and precarious environment. This paper provides a brief update on the Safer Corridor Initiative, its challenges, and how the money transfer sector has been adapting to the process.
Topic:
International Cooperation, International Trade and Finance, Diaspora, and Legal Theory
Political Geography:
Africa, United Kingdom, Europe, and Somalia

10. Determining Customary International Law: The ICJ's Methodology between Induction, Deduction and Assertion

Author:
Stefan Talmon
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
Methodology is probably not the strong point of the International Court of Justice or, indeed, of international law in general. Unlike its approach to methods of treaty interpretation, the Court has hardly ever stated its methodology for determining the existence, content and scope of the rules of customary international law that it applies. There are only isolated references in the Court’s jurisprudence to the inductive and deductive method of law determination. It is not only the Court itself that has largely remained silent on its methodology for the determination of customary international law, but the legal literature also has had little to say on this subject. In view of the fact that determining the law has also always meant developing, and ultimately creating, the law it is surprising that the question of the Court’s methodology has attracted such little interest. This article aims to refocus attention on the methodology used by the Court when determining the rules of customary international law that it applies, and it highlights the role played by methodology in the development of customary international law. It starts by defining the terms ‘induction’ and ‘deduction’ and examining their use by the Court. It then explores the situations in which the Court uses inductive and deductive reasoning, the different forms and functions of deduction and the relationship between the two methods. The article challenges the various theories distinguishing between inductive and deductive custom and demonstrates that the main method employed by the Court is neither induction nor deduction but, rather, assertion.
Topic:
International Law, Law, Legal Theory, and Courts
Political Geography:
Europe and The Hague