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551. The Extra-Territorialisation of EU Migration Policies and the Rule of Law

Author:
Marise Cremona and Jorrit Rijpma
Publication Date:
02-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This paper takes a closer look at one of the EU's foundational values, the rule of law, and relates it to the external dimension of the EU's migration policy. It examines how the EU's powers in migration management have been put to use in order to project EU migration policies beyond the EU legal order, or more precisely to locate the physical control of migration outside EU territory. It categorises different types of extra-territorialisation, ranging from autonomous action by the Community, including Community action which requires third country cooperation, to action by way of international agreements and cases where third countries undertake to align their domestic law with the Community acquis. Starting from the prominence accorded to the rule of law in the EU's external policy, this paper examines an external dimension of the rule of law which goes beyond the desire to promote this value outside EU territory, and its application to the external dimension of the EU's migration policy. It highlights challenges for the rule of law posed by the increasing phenomenon of extraterritorialisation in EU migration policy. Practical examples taken from the EU's visa policy and operational cooperation in the field of external border control serve to support the argument that if the EU is to continue the use of extra-territorialisation as an instrument of its migration policy it must address seriously the issue of ensuring a concomitant extra-territorialisation of the rule of law, in particular the effective judicial review of administrative action.
Topic:
Development, International Law, and Migration
Political Geography:
Europe

552. Much Ado about Pluto? The 'Unity of the Legal Order of the European Union' Revisited

Author:
Christoph Herrmann
Publication Date:
02-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The European Union is commonly described as a temple-like construction resting upon three pillars. Whereas the first pillar, Community law, constitutes a “new legal order” of supranational character, the second and third pillar are considered to be of intergovernmental kind, i.e. traditional public international law. However, some commentators have advocated a more integrated view, claiming the “unity of the legal order of the European Union”. The more recent case-law of the European courts has increasingly to deal with the relationship between the pillars as well as the legal nature of Union law. The present paper analyses this case-law and takes the opportunity to revisit the “unity thesis” as put forward in learned writings, the overall conclusion is that the claim of unity is poorly suited to solve interpretative questions that concern the aforementioned questions.
Topic:
International Relations, Development, and International Law
Political Geography:
Europe

553. Elaboration, study and dissemination of international law. Documents of the International Law Commission and the UN Commission on International Trade Law

Publication Date:
09-2007
Content Type:
Working Paper
Institution:
The Polish Institute of International Affairs
Abstract:
The strengthening of international law, as a comprehensive system regulating the most important spheres of international relations, takes place through its codification, progressive development and dissemination of knowledge about the law.
Topic:
International Law and Law
Political Geography:
Europe

554. Developing a Methodology for Observing Electronic Voting

Publication Date:
10-2007
Content Type:
Working Paper
Institution:
The Carter Center
Abstract:
The increasing use of new electronic voting (e-voting) technologies in elections around the world has been recognized by the international election observation community as one of the paramount challenges facing election observation today. As a whole, international election observation organizations have had relatively little experience observing elections in which e-voting technologies are used. In addition, the inherent lack of transparency of electronic voting technologies discourages easy observation.
Topic:
Democratization, Human Rights, International Cooperation, and International Law
Political Geography:
Venezuela

555. Building Consensus on Principles for International Election Observation

Publication Date:
10-2007
Content Type:
Working Paper
Institution:
The Carter Center
Abstract:
International election observation is conducted by dozens of organizations around the world. As election observation activity has grown and the number of organizations involved has proliferated, several critical challenges have emerged. Foremost is the need for greater coordination and standards of professionalism among election observation organizations. To this end, The Carter Center, the United Nations Electoral Assistance Division (UNEAD), and the National Democratic Institute for International Affairs (NDI), launched a collaborative project to build consensus on best practices in this field.
Topic:
Democratization, Human Rights, International Cooperation, and International Law
Political Geography:
United Nations

556. Combating Terrorist Financing in Europe: Gradual Progress

Author:
Michael Jacobsen
Publication Date:
03-2007
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
In the wake of the July 2005 terrorist subway and bus attacks in London and the disrupted terrorist plot to blow up U.S.-bound planes flying from Heathrow airport in August 2006, the British government recently launched a new strategy to combat terrorism financing. Ed Balls, Britain's economic secretary to Her Majesty's Treasury (HMT), said the strategy was designed to address "an enduring and continually changing terrorist menace to the [United Kingdom]." In Balls's view, financing is the "lifeblood" supporting the growing terrorist threat. Britain's ambitious and timely initiative is an important step forward. But broader European efforts to tackle terrorist financing -- particularly the efforts of the European Union (EU) -- still lack consistency and effect. Bureaucratic obstacles limit European efforts to designate terrorist entities and freeze their assets.
Topic:
Economics, International Law, and Terrorism
Political Geography:
Europe and London

557. Prosecuting Terrorism Supporters: Lessons from a Recent Verdict

Author:
Matt Levitt
Publication Date:
02-2007
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
On February 1, after fourteen days of deliberation, a Chicago jury acquitted Muhammad Salah and Abdulhalim Ashqar of charges that they were involved in a racketeering conspiracy by financing and supporting Hamas terrorist activities in the late 1980s and early 1990s. The two were accused of laundering funds, facilitating communications, and providing recruits for Hamas, but were convicted only on minor charges of obstruction of justice and, in Ashqar's case, criminal contempt. Like the 2005 prosecution of Sami al-Arian and several other Palestinian Islamic Jihad supporters in Tampa, Florida (where the jury acquitted the defendants of most charges and deadlocked on others), the case highlights the difficulty of prosecuting individuals for providing support to terrorist groups under the cover of humanitarian or political activity.
Topic:
Economics, Government, International Law, and Terrorism
Political Geography:
Palestine and Chicago

558. Twentieth Century Internationalism in Law

Author:
Ole Spiermann
Publication Date:
11-2007
Content Type:
Journal Article
Abstract:
The 20th century saw the transformation of international law into a legal discipline concerned with the practical application of law. It was fuelled by a manifold variety of treaties, procedures and institutions. Still, international lawyers persisted in conceiving and judging their discipline against a background coloured by national legal traditions. International lawyers did not overcome the optimist and evolutionary tradition based on the assumption that international law is but an ever closer approximation of national legal systems; nor did lawyers escape the flip side of this tradition, i.e., doubt and insecurity about international law and its basis. Rather than facilitating international law as a practical discipline, a superficial understanding of internationalism reinforced fetishisms of the discipline's theoretical past, not least the axiom that states only are proper subjects of international law. To a degree, international law has expanded at the price of becoming less separate from national law and national legal traditions.
Topic:
International Law

559. New Strategies for Darfur

Author:
David Smock
Publication Date:
04-2007
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
On April 4, the U.S. Institute of Peace convened its Sudan Peace Forum to discuss new strategies for dealing with the ongoing crisis in Darfur. This USIPeace Briefing summarizes the discussion, which was conducted on a not-for-attribution basis. It was written by David Smock, the vice president of USIP's Center for Mediation and Conflict Resolution. It does not represent the views of USIP, which does not advocate specific policies.
Topic:
Ethnic Conflict, Human Rights, and International Law
Political Geography:
Africa and United States

560. Prospects for a Successful Peace Process in Nepal: Internal and International Perspectives

Author:
Lynn Tesser
Publication Date:
04-2007
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
On November 21, 2006, Nepal's government and the Communist Party of Nepal (Maoist) signed a comprehensive peace agreement (CPA) to formally end their ten-year conflict, which has resulted in an estimated 13,000 deaths. The agreement has been widely hailed as historic and many observers feel cautiously optimistic, in spite of the hurdles that lie ahead. On January 22, 2007, the U.S. Institute of Peace sponsored a one-day program in Washington, D.C., to address the challenges Nepal now faces. It brought together a broad spectrum of attendees, from representatives of academia and international organizations such as the International Monetary Fund (IMF) and World Bank to the U.S. Departments of State and Justice. Presenters were asked to comment on particular challenges that Nepal faces during the peace process. This USIPeace Briefing provides an overview of the presentations given at the conference, and includes remarks from Ambassador Julia Chang Bloch (former U.S. ambassador to Nepal and president of the U.S.–China Education Trust); Dr. Chitra K. Tiwari (journalist, The Washington Times); Dr. Jaya Raj Acharya (senior fellow, USIP); and Kul Chandra Gautam (assistant secretary-general of the UN and deputy executive director of UNICEF). It was prepared by Lynn Tesser, program officer in USIP's Jennings Randolph Fellowship program.
Topic:
Conflict Resolution, Democratization, Government, and International Law
Political Geography:
United States, Washington, Asia, and Nepal