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151. The Next American Majority

Author:
William W. Chip
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
The National Interest
Institution:
Center for the National Interest
Abstract:
AMERICA'S CHANGING demographics, long a delicate topic, have become an increasingly prominent part of national political debate. The subject's prominence was assured when President Barack Obama won reelection with less than 40 percent of the white vote in 2012. It quickly became conventional wisdom that Mitt Romney had antagonized Hispanic voters by proposing that illegal aliens engage in "self-deportation" and that the Republican Party was committing political suicide by catering to a shrinking white voter base. Leading Republican strategists such as Karl Rove urged the GOP to change course. Writing in the Wall Street Journal, Rove announced: "If the GOP leaves nonwhite voters to the Democrats, then its margins in safe congressional districts and red states will dwindle-not overnight, but over years and decades." Rove pointed to a Georgia county where a 339 percent increase in the Hispanic population was accompanied by a drop in the Republican share of the presidential vote-from 66.4 percent in 2000 to 51.2 percent in 2012.
Topic:
Immigration and Law
Political Geography:
United States, America, and Georgia

152. The Case for International Law

Author:
Harold Hongju Koh and Michael Doyle
Publication Date:
12-2013
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
In “The War of Law” (July/August 2013), Jon Kyl, Douglas Feith, and John Fonte purport to explain the state of international law and how it “undermines democratic sovereignty.” Their portrayal, however, hardly rises above caricature. Their legal prescriptions ignore constitutional history and, if followed, would drastically weaken U.S. foreign policy. The authors may not like the contemporary practice of international law, but their own ideas are painfully antiquated, better suited to an insular nineteenth-century nation than the great power the United States has become.
Topic:
Foreign Policy, International Law, and Law
Political Geography:
United States

153. Politics, law, and the sacred: a conceptual analysis

Author:
Friedrich V. Kratochwil
Publication Date:
01-2013
Content Type:
Journal Article
Journal:
Journal of International Relations and Development
Institution:
Central and East European International Studies Association
Abstract:
The 'return' of religion has not only engendered new conflicts in world politics, but also fundamentally challenged the Western political project, which allegedly rests on a strict separation of the public and private sphere. Religion is supposed to play a role only within the confines of the latter, as it is considered a 'privately held belief'. Of course, this project is neither shared by all Westerners, nor is it necessarily persuasive to other cultures. Thus within the emerging global sphere it is by no means clear whether such a strict separation can muster assent.(Barbato and Kratochwil 2009: 1–24) For this reason some thinkers, such as Habermas (2003) or Connolly (1999), among many, have attempted to formulate a new approach in which ways of overcoming the dis- placement of religions to the 'private/personal' realm are explored, in order to harness the semantic potential of religion for the establishment of a discourse on global order, while avoiding at the same time the establishment of a particular orthodoxy or of a millenarian political projects based on the notion of absolute 'truth'.
Topic:
Human Rights and Law

154. The Dual Consequences of Politicization of Ethnicity in Romania

Author:
Monica Andriescu and Sergiu Gherghina
Publication Date:
02-2013
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The processes of nation and state formation have been challenged in specific ways by the transitions in post-Communist Europe. The number of ethnic minorities, their territorial concentration and strength generated situations in which either state division was imminent (e.g. former Yugoslavia) or secession threats were latent. Many political actors transformed these situations into (personal or own group) advantages. Among the new democracies in which ethnicity could be considered a relevant societal division, Romania is an appealing case due to its developments over time. The violent clashes between the majority population and the Hungarian minority in 1990, in the aftermath of regime change, appeared to set the pace of the inter-ethnic relations after the regime change. In this context, the politicization of ethnicity to spawn national and ethnic solidarity in Romania was the logical consequence. How did this process influence the evolution of inter-ethnic relations in post-communist Romania?
Topic:
Human Rights, Governance, Law, and Minorities
Political Geography:
Europe and Romania

155. Promoting Minority Rights through Education

Author:
Zora Popova
Publication Date:
05-2013
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education (EDC/HRE) was adopted in 2010 and signed by 47 member states. The endorsement of the Charter was recognized as a major achievement of almost 10 years of developing ideas and strategies, public and political debates, intensified discussions among institutions and stakeholders, international consultations, policy provisions and decision implementation.
Topic:
Education, Human Rights, Law, and Minorities
Political Geography:
Europe

156. Paternalistic versus participation oriented minority institutions in the Danish-German border region

Author:
Adrian Schaefer-Rolffs and Kai-Uwe Schnapp
Publication Date:
05-2013
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
Democracy can, according to Robert Dahl, be understood as a political system in which those affected by a decision have a proper chance to take part in making this decision. Although it is accepted by political theorists as well as many men and women on the street, this norm is not easily implemented in all situations. One situation in which implementation might not be as straightforward is the proper political participation of any kind of minority, be it national, ethnic, religious, cultural or otherwise. This question of minority political participation has grown in importance in Europe over the last decades. This is the case, because European nations are beset by a total of more than 300 national and ethnic minority groups with over 100 million members. Awareness and appreciation of this fact has massively increased recently in terms of politics as well as with regard to discussion in the social sciences. While there are at least some explicit perceptions of the institutional quality of participatory rights and facilities across Europe, there is almost no empirical account of the role and the perception of political rights and/or institutions that foster minority political participation.
Topic:
Governance, Law, and Minorities
Political Geography:
Europe, Germany, and Denmark

157. Minority Participation in Kosovo Elections : Opportunities and Challenges

Author:
Zora Popova
Publication Date:
06-2013
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
Voting is a fundamental democratic right that empowers people to exercise their civil control over the politics and politicians, over the different branches of power, over the development paths of their countries. Democratic electoral systems in Europe vary greatly. But the electoral systems alone, although contributing to the specific architectures of the national democracies, are not the only factors that determine the quality of the democracy in place. Focused on legislation, rules and procedures, policy analysts sometimes tend to look at voters as "beneficiaries" and not as the active subjects who in fact have the power to change the status quo or to contribute to deformities of the political system in place, by not exercising their political and civil rights.
Topic:
Democratization, Human Rights, Governance, Law, and Minorities
Political Geography:
Europe

158. Renewed Non-discrimination and Equality Promises for National Minorities in Europe

Author:
Liefke Dolmans and Elisabeth Kühn
Publication Date:
11-2013
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
One of the founding principles of the European Union is the recognition that every individual is of equal value. On top of this, the 2000 Race Directive reaffirms the principle of equal treatment between persons irrespective of racial or ethnic origin. Discrimination and inequality are nevertheless still major problems for vulnerable ethnic and national minorities in Europe, as the results of the most recent EU MIDI-survey describes. Bearing in mind the principle of equality, it is not surprising that two new equality concepts arrived at the Council of Europe and EU level in the last years: 'The new commitment to equality and non-discrimination' and 'full and effective equality.' In a communication Note from July 2008, the European Commission expressed its desire for this 'renewed commitment to non-discrimination and equal opportunity,' which proposes a shift from formal equality to a more substantive equality approach. In this paper, we will consider whether this statement is an exemplary expression of an assumed development in the EU, namely that of broadening and strengthening equality and non-discrimination legislation and, furthermore, whether a possible development from formal to substantive equality is also effectively taking place. We analysed whether this trend is only visible in the European Commission or also present within other players in the non-discrimination and equality field. We then sought to understand whether this trend is visible in theory as well as practice. This paper furthermore analyzes whether this trend enlarges the protection scope against discrimination for national minorities, or if this equality manifestation truly supports national minorities to be recognized as equals with the majority.
Topic:
Human Rights, Governance, Law, and Minorities
Political Geography:
Europe

159. Making the Case: Why We Should Try Terrorists in Federal Courts

Author:
Mieke Eoyang and Aki Peritz
Publication Date:
11-2013
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
Federal courts—not military commissions—are the most effective way to bring terrorists to justice. Here's why: Federal courts have a proven history of being tough on terrorism. Military commissions have had a poor track record of convicting terrorists. Federal courts have more tools to convict terrorists than military courts. Federal courts allow the government to continue to collect critical intelligence.
Topic:
Human Rights and Law
Political Geography:
North America

160. Le Congrès des Etats-Unis : une assemblée incontrôlable ? (Is Congress out of Control ?)

Author:
François Vergniolle De Chantal
Publication Date:
12-2013
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
The US Congres is the most powerful legislative in the world. Its independence and its powers make it impossible for the presidency to be truly imperial. The Senate is especially influential since it allows its members to use a series of minority procedures, such as the filibuster, that exert a constant a priori pressure on the Executive. This institutional configuration is made extremely costly by the current partisan polarization. It is also, however, a functional equivalent to the theoretical parliamentary right of life and death on Executive powers.
Topic:
Governance, Law, Political Science, and State
Political Geography:
North America and United States of America