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3182. Refugees on the High Seas: International Refugee Law Solutions to a Law of the Sea Problem
- Author:
- Killian S. O'Brien
- Publication Date:
- 09-2011
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Following in the aftermath of the Arab Spring, Europe's southern marine borders have been the showplace of human tragedies previously unseen on this scale and the issue of refugees on the high seas has assumed a newfound importance. This article examines the flawed system provided by the 'Constitution of the Oceans', the UN Convention on the Law of the Sea for the protection of the lives of migrants at sea. It submits that international refugee law is well-equipped to assume a greater responsibility in ensuring the protection of those involved. Although the concept of non-refoulement cannot be stretched ad absurdum, it may still be reasonably interpreted as providing a temporary right to disembark for the purpose of processing possible asylum applications. In the long-term, a system of burden-sharing and permanent, yet flexible, reception agreements remain the only sustainable solution.
- Topic:
- United Nations and Law
- Political Geography:
- Europe and Arabia
3183. Rights at the Frontier: Border Control and Human Rights Protection of Irregular International Migrants
- Author:
- Julian M. Lehmann
- Publication Date:
- 09-2011
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- In light of recent events causing people's movement into Europe, continued misuse of the term “migrant” in policy making and public discourse, and at the occasion of events celebrating the international regime of refugee protection, the human rights protection of irregular migrants is explored in relation to irregular migrants' entry/admission and expulsion/deportation. The term “migrant” has, in contrast to the term “refugee”, no bearing on whether or not an international migrant has a need for international protection. While many irregular migrants have no such need, other migrants may be refugees or be in need of international protection “outside” the framework of the 1951 Convention relating to the Status of Refugees. The paper analyses the international human rights law framework applying to individuals with and without need for international protection, when their claims have a socio-economic dimension. The principle of non-refoulement remains the most important source of protection for irregular migrants; it is not concerned with the irregular status of a migrant and also has a bearing on procedural rights in status determination. Socio-economic motivations for flight are not a bar to being a refugee within the meaning of the 1951 Convention, if their underlying cause is persecution, or if motives are mixed. Refugee law can accommodate such claims and overcome a strict dichotomy but is currently only rarely and restrictively applied in this regard. In expulsion cases, virtually only the prohibition of torture, inhuman or degrading treatment is relevant. For individuals that have no need for international protection there are mitigating individual circumstances which a state has to take into account. All pertinent norms of international human rights law apply without distinction and irregular migrants may have, just as refugees may have, humanitarian needs that states should meet.
- Topic:
- Human Rights
- Political Geography:
- Europe
3184. Complementary Protection for Victims of Human Trafficking under the European Convention on Human Rights
- Author:
- Vladislava Stoyanova
- Publication Date:
- 09-2011
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- The international legal framework regulating the problem of human trafficking contains the presumption that the return of victims of human trafficking to their countries of origin is the standard resolution for their cases. However, victims might have legitimate reasons for not wanting to go back. For those victims, resort to the legal framework of the European Convention on Human Rights could be a solution. I elaborate on the protection capacity of Article 3 when upon return victims face dangers of re-trafficking, retaliation, rejection by family and/or community and when upon return to the country of origin victims could be subjected to degrading treatment due to unavailability of social and medical assistance. In light of the Rantsev v. Cyprus and Russia case, I develop an argument under Article 4 that states cannot send victims to those countries which do not meet the positive obligations standard as established in the case. Article 8 could be relevant: first, when the level of feared harm in the country of origin does not reach the severity of Article 3 but is sufficiently grave to be in breach of the right to private life and engage the non-refoulement principle, and second, when the victim has developed social ties within the receiving state and the removal will lead to their disruption.
- Topic:
- Human Rights
- Political Geography:
- Russia and Europe
3185. Covering Sports in Latin America
- Author:
- Lisa Delpy Neirotti and Jeffrey Bliss
- Publication Date:
- 06-2011
- Content Type:
- Journal Article
- Journal:
- Americas Quarterly
- Institution:
- Council of the Americas
- Abstract:
- The fierce battle over sports media rights.
- Political Geography:
- Europe and Latin America
3186. Whither the Arab Spring? 1989 or 1848?
- Author:
- Robert Springborg
- Publication Date:
- 09-2011
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- The dramatic thawing of the Cold War at the end of the 1980s accompanied by the rapid democratisation of Eastern Europe served as inspiration and model for political transitions in other settings. Now the Arab world, the securitisation of which has kept it frozen in what amounts to a regional cold war long after the global prototype ended, may be entering its springtime of political freedom. Tunisia's 'Jasmine' and Egypt's 'Midan al Tahrir' Revolutions chased established autocrats from power, thus making possible new domestic political orders and substantial reorientations of foreign policies. Imitative uprisings in Bahrain, Yemen, Libya and Syria have thus far resulted in widespread violence, regime retrenchments and even foreign interventions, although prospects do remain for more positive outcomes. Intermittent demonstrations in various other Arab countries, including Morocco, Algeria, Oman, Jordan and Iraq, have typically been met with limited political reforms and promises of more to come. So the region is definitely in political ferment, but whether that presages transitions to democracy à la Eastern Europe in 1989, or revanchist reconsolidations reminiscent of those that overwhelmed the 1848 liberal nationalist movements in Western Europe, remains to be seen.
- Topic:
- Cold War
- Political Geography:
- Iraq, Europe, Libya, Yemen, Arabia, Algeria, Syria, Jordan, Morocco, Bahrain, and Oman
3187. Energy Interests of the 'Great Powers' in Central Asia: Cooperation or Conflict?
- Author:
- Shamil Midkhatovich Yenikeyeff
- Publication Date:
- 09-2011
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- The geographic proximity of Central Asia to Russia, China, the Caucasus and the Caspian region, as well as to the Middle East, makes this oil and gas-producing region a crucial and ever-developing player in regional and global energy markets. The method by which Central Asian producers choose to develop their hydrocarbon resources and export infrastructure will have significant implications for the plans for diversification of oil and gas supplies of Europe, China and India, as well as for Russia's energy exports to Europe. It is still too early to tell whether the economic and political incentives are strong enough to promote cooperation between the various actors or whether the energy interests of these key external powers are so diverse as to clash in Central Asia.
- Topic:
- Economics
- Political Geography:
- Russia, China, Europe, Central Asia, and Asia
3188. Turkey: An Emerging Energy Transit State and Possible Energy Hub
- Author:
- Gareth Winrow
- Publication Date:
- 09-2011
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- Officials in Ankara are pressing for Turkey to become a key energy hub for the transportation of hydrocarbons from the Caspian region and the Middle East to Europe. It appears that they are seeking to secure certain strategic and economic advantages. Turkey's increasing energy needs could be satisfied, re-export rights obtained, and ambitions to become a significant regional state fulfilled which could facilitate accession to the EU. It seems more likely, though, that Turkey will become an important energy transit state, especially for the Southern Gas Corridor. Here, Turkey could still diversify its gas imports and reduce dependence on Russia.
- Topic:
- Economics
- Political Geography:
- Russia, Europe, Turkey, and Middle East
3189. A New Theoretical Perspective on EU Policy Toward its Eastern Neighbours
- Author:
- Michele Comelli
- Publication Date:
- 09-2011
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- Review of: Constructivism and rationalism in EU external relations : the case of the European neighbourhood policy, by Petr Kratochvil and Elsa Tulmets, Nomos, 2010
- Topic:
- Foreign Policy
- Political Geography:
- Europe
3190. "In Considerable Doubt"? Canada and the Future of NATO
- Author:
- David G. Haglund
- Publication Date:
- 05-2011
- Content Type:
- Journal Article
- Journal:
- Journal of Military and Strategic Studies
- Institution:
- Centre for Military, Security and Strategic Studies
- Abstract:
- In so many ways, the attacks on New York and Washington of 11 September 2001 might have been expected to result in a diminution of NATO's importance to Canadian grand strategy. At the very least, the onset of what would be billed, alternatively, as the ‚Global War on Terror‛ (the GWOT) and the "Long War," heralded the beginning of a new strategic era, one in which Europe would become of even less strategic significance to Canada than during either the so-called "post-Cold War" era, which spanned the decade between the demise of the Soviet Union and 9/11, or the earlier, and long, Cold War era. And it followed that if the familiar cynosure of Canadian security and defence policy during that earlier era, namely Europe, was going to go on losing importance at an accelerated clip, then so too must the organization whose primary function had been, from its inception in 1949, the safeguarding of Western European security, and with it, of transatlantic security. That organization, of course, was and remains the North Atlantic Treaty Organization (NATO). It is an organization that, for two decades now, has continued to defy expectations that it must soon fade into obscurity as a vehicle for advancing Canada's strategic interests.
- Topic:
- NATO and War
- Political Geography:
- New York, Europe, Washington, and Canada