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1931. The European Convention on Human Rights, the EU and the UK: Confronting a Heresy

Author:
Andrew Williams
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
The orthodox view of the ECHR and its Court as regime in the context of both the EU and UK has been that it has considerable value albeit with systemic flaws. The purpose of this article is to challenge this orthodoxy. Four inter-related submissions are made: that the ECHR has failed human rights conceptually (1); 'good' or lauded decisions of the ECtHR cannot remedy or sufficiently counter-balance this conceptual failure (2); 'bad' decisions further expose and exacerbate the failure (3); the procedural problems of the ECHR regime may contribute to the underlying failure of concept but their resolution cannot solve it (4). These submissions are to provoke a more intense assessment of value and how such value could be enhanced. It may be too late to see any influence on the accession process but this does not reduce the relevance of the critique for the future of human rights in both the EU and the UK. Ultimately an approach to the ECHR system needs to determine whether it continues to be lauded or its influence resisted (thus seeking reform or replacement - the alternative candidates being the EU Charter and/or a national Bill of Rights) and retained only as an iconic scheme of moral importance.
Topic:
Human Rights
Political Geography:
United States and Europe

1932. The European Convention on Human Rights, the EU and the UK: Confronting a Heresy: A Reply to Andrew Williams

Author:
Stelios Andreadakis
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This reaction piece responds to the article by Andrew Williams entitled 'The European Convention on Human Rights, the EU and the UK: Confronting a Heresy'. In his article, Williams contends that we should not further support the 'orthodox' view that the Convention (ECHR) has been very successful in protecting and promoting human rights across Europe, offering four submissions to that end. It will be argued that Dr Williams' submissions regarding the ECHR's success and the European Court of Human Rights (ECtHR)'s role are not well supported and justified. The relationship between the ECHR and a future UK Bill of Rights will also be explored in the piece, as there is no sufficient link between the author's arguments about the ECHR regime and the UK legal system, making it rather artificial to refer to the UK as a possible model for human rights.
Topic:
Human Rights
Political Geography:
Europe

1933. Horizontal Review between International Organizations: A Reply to Abigail C. Deshman

Author:
Rosa Rafaelli
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
This short article aims to further the discussion over horizontal review between international organizations started by Deshman in her analysis of the role of the Parliamentary Assembly of the Council of Europe after the H1N1 pandemic. The article compares the historical evolution of the European Parliament to that of the Parliamentary Assembly and examines how the EP's involvement with issues such as human rights and international relations served to build its identity, to gain international recognition, and to obtain more formal powers. It suggests possible additional reasons explaining the PA's willingness to perform horizontal review over action carried out by the WHO, and potential paths for future developments.
Topic:
International Relations and Human Rights
Political Geography:
Europe

1934. Horizontal Review between International Organizations: A Rejoinder to Rosa Raffaelli

Author:
Abigial C. Deshman
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Dr. Raffaelli's Reply to my article highlights some very useful areas for further exploration in the realm of global administrative law and inter-institutional interactions. Calling this a rejoinder may be a bit of a misnomer since I believe we are actually in broad agreement. In the spirit of debate, I will first draw out one apparent point of divergence – whether this is actually an instance of horizontal review – before canvassing our substantive areas of agreement.
Political Geography:
Europe

1935. Panos Koutrakos. The EU Common Security and Defence Policy

Author:
Julia Schmidt
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
The European Union has gone through a profound development as an international crisis management actor. It was only in 2003 that the common security and defence policy became operational. Since then, the EU has conducted more than 25 civilian and military crisis management missions in many parts of the world. These missions are carried out in the name of the EU whose international legal personality has been formally recognized by the Treaty of Lisbon (Article 47 TEU). At the same time, the EU depends on capable and willing Member States to launch and to carry out an operation under the auspices of its common security and defence policy. The development of the EU as a military actor is remarkable in the light of the EU's historical evolution. In the 1950s, it started as a peace project that was based on economic integration. To prevent the emergence of a new war on the European continent, Robert Schuman proposed linking the coal and steel industries of France and Germany together 'within the framework of an organization open to the participation of the other countries of Europe'. Attempts to create a European army within the European Defence Community failed in 1954. Today, Europe has moved away from being merely a civilian power. When confronted with its inability adequately to respond to the Balkan crisis in its neighbourhood in the 1990s, the Cologne European Council of 1999 marked the birth of the EU's common security and defence policy. A process was put in motion that equipped the EU with the legal capacity and the civilian and military means to engage in 'missions outside the Union for peace-keeping, conflict prevention and strengthening international security' (Article 42(1) TEU). Civilian and military means may be used by the EU to fulfil the socalled Petersberg tasks, that include 'joint disarmament operations, humanitarian and rescue tasks, military advice and assistance tasks, conflict prevention and peace-keeping tasks, tasks of combat forces in crisis management, including peace-making and post-conflict stabilisation' (Article 43(1) TEU). In political statements such as the European Security Strategy the EU has expressed great ambitions as a global security actor and has spoken of its responsibility to contribute to international security.
Political Geography:
Europe

1936. SIFTING THROUGH INTERDEPENDENCE

Author:
Thomas Wright
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
The Washington Quarterly
Institution:
Center for Strategic and International Studies
Abstract:
If there is one idea that has consistently influenced western foreign policy since the Cold War, it is the notion that extending interdependence and tightening economic integration among nations is a positive development that advances peace, stability, and prosperity. As a post-Cold War idea guiding U.S. and European foreign policy, there is much to be said for it. The absorption of Eastern Europe in both the European Union and NATO helped consolidate market democracy. Globalization led to unprecedented growth in western economies, and facilitated the ascent of China and India, among others, taking billions of people out of poverty. Access to the international financial institutions also offered emerging powers the strategic option of exerting influence through existing institutions rather than trying to overturn them. Some policymakers and experts believe that this process holds the key to continuing great power peace and stability.
Topic:
Foreign Policy and Cold War
Political Geography:
United States, China, Europe, and India

1937. Rethinking the Financial Design of the World Bank

Author:
Devesh Kapur and Arjun Raychaudhuri
Publication Date:
01-2014
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
Since their inception, through 2012, the institutions comprising the World Bank group have been involved in lending nearly a trillion dollars. In this paper, we focus on the IBRD, which is the core of the World Bank. The IBRD has the potential to continue to grow and be an important player in official financial flows, supporting critical long-term development projects with large social returns, in sectors ranging from infrastructure, social sectors, or environment.
Topic:
Development, Economics, Environment, Foreign Aid, Infrastructure, and World Bank
Political Geography:
Europe

1938. Estimating Illicit Flows of Capital via Trade Mispricing: A Forensic Analysis of Data on Switzerland

Author:
Alex Cobham, Petr Janský, and Alex Prats
Publication Date:
01-2014
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
This paper assesses the role of Switzerland as the leading hub for global commodities trading, in terms of the patterns of prices received by original exporting countries and subsequently by Switzerland and other jurisdictions. We find support for the hypotheses that (i) the average prices for commodity exports from developing countries to Switzerland are lower than those to other jurisdictions; and that (ii) Switzerland declares higher (re-)export prices for those commodities than do other jurisdictions. This pattern implies a potential capital loss for commodity exporting developing countries and we provide a range of estimates of that loss - each of which suggests the scale is substantial (the most conservative is around $8 billion a year) and that the issue merits greater research and policy attention. An important first step would be a Swiss commitment to meet international norms of trade transparency.
Topic:
Economics, Industrial Policy, International Trade and Finance, Markets, and Developing World
Political Geography:
Europe and Switzerland

1939. Sochi: games with frontiers

Author:
Gerald Stang
Publication Date:
02-2014
Content Type:
Policy Brief
Institution:
European Union Institute for Security Studies
Abstract:
Russia is often seen as a land of extremes – and the narratives for this month's Winter Olympics in Sochi reflect that view. From the record-length 65,000 km Olympic torch run (which included trips to outer space, the north pole and the bottom of the world's deepest lake) to the incredible $51 billion price tag and the Ian Flemingesque threat of attacks from black widow terrorists, the Sochi games have a distinctly Russian flavour. The Kremlin appears to have envisioned the games as a national triumph, not unlike the 2008 Beijing Olympics, with organisational, architectural and sporting successes that could unite the country. However, with global headlines dominated by stories of corruption, human rights abuses, anti-gay laws and the very real threat of terrorist attacks, one might be forgiven for wondering whether the Russian government regrets its decision to bid for the games.
Topic:
Conflict Prevention, Security, Political Violence, Islam, and Insurgency
Political Geography:
Russia, Europe, and Asia

1940. EU-Russia: overcoming stagnation

Author:
Nicu Popescu
Publication Date:
01-2014
Content Type:
Policy Brief
Institution:
European Union Institute for Security Studies
Abstract:
For the best part of the last two decades, EU-Russia summits have alternated between being upbeat events where new grand integration initiatives were launched – the creation of four common spaces in 2005, the partnership for modernisation in 2010 – and rather unfriendly encounters where success was seemingly measured on how impolite the partners could be to one another.
Topic:
Economics, Energy Policy, International Trade and Finance, and Bilateral Relations
Political Geography:
Russia, Europe, and Asia