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31. Security vs. Human Dignity: The Migratory Crisis is Knocking on the Door of the Fortress ‘Europe’

Author:
Carlos Espaliú Berdud
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
In view of the magnitude of the migration crisis, the SEGERICO research group at the Nebrija University in Madrid organised a call for papers, inviting all interested researchers to join us in the reflection on these relevant events, which we wanted to describe metaphorically in the image of the migration crisis knocking on the door of Fortress ‘Europe’. As a result of this reflection, we present to the general public, and to the scientific community in particular, a selection of six articles that address specific aspects of this crisis of human dignity and security, but that together provide a global and multi-faceted image of it, in accordance with the composition of our research group.
Topic:
Human Rights, Migration, Governance, European Union, and Refugees
Political Geography:
Europe

32. Can Religious Human Rights Discourses Help Integrating Muslim Migrant Communities Across Europe?

Author:
Sonia Boulos
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The perception of Islam as antithetical to European human rights values is widespread in Europe. Such perceptions complicate the task of integrating Muslim minorities across Europe. While incrementing respect to human rights norms among migrant communities is an important element of any integration policy, this goal should not be perused by forcing migrant communities to adhere to human rights norms based on purely secular grounds. The drafting history of the Universal Declaration of Human Rights is the ultimate proof that human rights can be justified from different political, philosophical and religious perspectives. While European States cannot compromise their commitment to human rights, even in relation to migrant communities, still, they must allow other narratives on the importance and the meaning of human rights to emerge. Muslim migrant communities must be allowed to engage in intra-group religion-based dialogues to reevaluate their stance on human rights and to debate their meaning. After being given the opportunity to engage in internal debates on the significance of human rights, Muslim migrant communities should also be engaged in cross-cultural dialogues with the rest of community to generate a wider agreement on the meaning and the application of human rights. This two-fold strategy is consistent with the principle of subsidiarity, which suggests that for human rights be effective they must be seen as legitimate by all those small groups that are close to the individual. Such legitimacy cannot be imposed from the outside, it must emerge from within these small groups. However, for these intra-group and cross-cultural dialogues to succeed, the separation of religion and State cannot be understood as the complete exclusion of religion from the public sphere. Individuals of different philosophical or religious convictions must have an equal access to public debates on the centrality of human rights in the European legal order.
Topic:
Human Rights, Islam, Religion, Culture, and Integration
Political Geography:
Europe

33. Business, Armed Conflict, and Protection of the Environment: What Avenues for Corporate Accountability?

Author:
Marie Davoise
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In July 2019, the International Law Commission (ILC) provisionally adopted, on first reading, a series of draft principles on the protection of the environment in relation to armed conflict (the Draft Principles). The role of businesses in armed conflict is addressed in Draft Principle 10 and Draft Principle 11. The latter, in particular, requires States to implement appropriate measures to ensure that corporations operating in or from their territories can be held accountable for environmental harm in the context of armed conflict. The inclusion of those two Draft Principles reflects increasingly vocal calls for corporate accountability, which has been the focus of the growing field of Business and Human Rights (BHR), an umbrella term encompassing a variety of legal regimes from tort law to criminal law. This contribution will look at the link between businesses, the environment, and armed conflict. Using the newly adopted Draft Principle 11 as a starting point, it explores three major liability regimes through which businesses could be held accountable for damage to the environment in armed conflict: State responsibility, international criminal law, and transnational tort litigation. Using case studies, the article discusses some of the challenges associated with each of those regimes, before concluding that the cross-fertilization phenomenon observed in this article (between public/private law, domestic/international level, and across various jurisdictions) is making BHR an increasingly salient discipline and useful tool in the fight against impunity for corporate environmental harm in armed conflict.
Topic:
Human Rights, International Law, Business, and Conflict
Political Geography:
Global Focus

34. Enhancing Environmental Protection During Occupation Through Human Rights

Author:
Karen Hulme
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Environmental protection is not specifically included in treaty law relating to State obligations during situations of occupation. While clearly not of the same scale as damage caused to the environment during armed conflict, damage caused during occupation is often similar in nature – largely due to those who seek to exploit any governance vacuum and a failure to restore damaged environments. What can human rights offer in helping to protect the environment during occupations? What protection can be offered by an analysis of environmental human rights law?
Topic:
Environment, Human Rights, Governance, and Conflict
Political Geography:
Global Focus

35. A Comprehensive Framework for Studying Migration Policies (and a Call to Observe Them beyond Immigration to the West)

Author:
Luicy Pedroza
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
This piece is both an exercise in critical conceptual landscaping in the field of Migration Studies and the proposal of an analytical framework that can correct some of its most serious biases. The framework I propose allows the observing of migration policies as if they constituted a comprehensive policy field. This will permit comparisons across the whole spectrum of migration policies on a rigorous basis, and for all countries and regions. I identify two constitutive sides to the proposed framework, each dealing with how state‐like polities regulate the mobility of incoming or outgoing persons. I further suggest that it include regulations on the rights of individuals to pass through three stages of any international migration journey: the right to enter/exit; the rights as immigrant residents/emigrant non‐residents; and, the rights to citizenship and nationality. This comprehensive framework for studying migration policy promises advances for empirical agendas, but also for connecting them to normative ones rooted in global justice and democratic concerns.
Topic:
Human Rights, Migration, Immigration, and Justice
Political Geography:
Global Focus

36. The new China consensus: How Europe is growing wary of Beijing

Author:
Janka Oertel
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
European Council On Foreign Relations
Abstract:
Since the onset of the covid-19 crisis, there has been a new convergence of EU member states’ assessment of the challenges China poses to Europe. The Sino-European economic relationship lacks reciprocity, and there are mounting concerns within the EU about China’s assertive approach abroad, as well as its breaches of international legal commitments and massive violations of human rights in Hong Kong and Xinjiang. Overall, there is growing scepticism about the future trajectory of the relationship, which provides an opportunity for a more robust and coherent EU policy on China. In its remaining months, the German Council presidency could use this momentum to create institutional structures to improve the EU’s capacity to act. In doing so, it will be crucial to ease concerns about Franco-German dominance of the China agenda – especially those of eastern and southern European countries – while enabling all member states to become more engaged in shaping the EU’s future approach to China.
Topic:
International Relations, Human Rights, European Union, Economy, and COVID-19
Political Geography:
China, Europe, and Asia

37. Building a Sustainable Electric Vehicle Battery Supply Chain: Frequently Asked Questions

Author:
Patrick Heller, Ethan Elkind, and Ted Lamm
Publication Date:
04-2020
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
The global transition from fossil fuel-powered vehicles to electric vehicles (EVs) will require the production of hundreds of millions of batteries. The need for such a massive deployment raises questions from the general public and critics alike about the sustainability of the battery supply chain, from mining impacts to vehicle carbon emissions. Growing demand for the mineral inputs for battery production can provide an opportunity for mineral-rich countries to generate fiscal revenues and other economic opportunities. But where extraction takes place in countries with weak governance, the benefits expected by citizens and leaders may not materialize; in some cases extraction might even exacerbate corruption, human rights abuses and environmental risks. Many EV proponents and suppliers are aware that supply chain governance problems pose a challenge to the evolution of the EV industry, but outstanding questions remain about how these challenges materialize. This brief, jointly published by UC Berkeley School of Law’s Center for Law, Energy & the Environment (CLEE) and the Natural Resource Governance Institute (NRGI) provides basic information on the EV battery supply chain and key battery minerals, such as cobalt and lithium, and addresses the following questions: What does the supply chain for EV batteries comprise? How do carbon emissions from EVs compare to traditional internal combustion engine (ICE) vehicles? What are the most significant challenges in managing the mineral extraction necessary for the EV supply chain, and what sustainability and human rights initiatives apply?
Topic:
Civil Society, Corruption, Government, Human Rights, Natural Resources, Governance, Regulation, Legislation, and Supply Chains
Political Geography:
Global Focus

38. Refugees at the gate of Europe

Author:
Angeliki Dimitriadi
Publication Date:
04-2020
Content Type:
Policy Brief
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
The recent crisis in Evros brought back to the fore the issue of immigration and Turkey’s role in its instrumentalization. The EU-Turkey Statement has not had the expected outcomes. Rather it showed that prevention policies and the outsourcing of migration management strengthens transit countries such as Turkey, without resulting in a a steady reduction in flows. Greece remains a country that bears a disproportionate burden of responsibility due to its geographical location. At the same time, it has delayed in the planning of a holistic immigration policy, which should aim, among other things, to ensure human living conditions, substantial access to asylum and result in the integration of those who will remain in the country. COVID 19 will bring about significant socioeconomic changes globally as well as impact human rights. Practices of the past do not necessarily fit for the new reality and this is the biggest challenge for Greece and the EU; a willingness to move forward by investing on migration within Europe and beyond. It will not be easy, and it will come at a high financial (and likely political) cost. The pandemic makes any long-term commitments seem impossible, however the alternative scenario, of deterrence and outsourcing is already proving insufficient. Balancing the scales is a challenge which the EU cannot afford to lose.
Topic:
Human Rights, Migration, European Union, Refugees, and COVID-19
Political Geography:
Europe, Turkey, Greece, and Mediterranean

39. Democracy by Design: An Affirmative Response to the Illiberal Use of Technology for 2021

Author:
Kara Frederick
Publication Date:
12-2020
Content Type:
Special Report
Institution:
Center for a New American Security
Abstract:
Aglobal contest between democracies and autocracies is raging on the digital front. Technology stands to alter the balance between free, open societies and closed, repressive regimes. Nation states in direct competition with the United States seek to project global influence by shaping an existing digital order to their will. Impulses toward illiberal use of technology at home threaten to curtail individual liberties, constrict opportunity, and erode a truly open society. Democracies do not yet have a model for how to confront this. In the United States, a roadmap for a solution must start with the fundamental question: How should U.S. technology companies, with the help of the U.S. government, respond to the illiberal use of technology by authoritarian actors abroad? This report contends with this question by identifying concrete actions and threat-mitigating strategies that contain the input of government, the tech sector, civil society, and academia. It provides starting points to address the systemic risk inherent in dealing with authoritarian regimes and also examines cost imposition on those complicit in tech-enabled human rights abuses. Yet a strategy aimed only at staunching the illiberal use of technology will fail in the long term. Instead, the U.S. government and tech companies alike must recruit democratic allies to purvey an affirmative agenda that promotes digital freedom across the globe. This report proposes an agenda that stresses privacy leadership by the United States and its technology companies. It identifies areas of collaboration for U.S. allies and democratic partners, like digital trade, foreign law enforcement requests for data, and technical standards. This report’s affirmative agenda also contains an imperative for U.S. tech companies to build commercial norms toward digital freedom and incentivize transparency within their own ranks. For digital freedom to prevail over authoritarian uses of technology, democracies must present something better. Together, they must establish an alternative model for the use of technology globally. These recommendations build that democratic case, starting with the United States.
Topic:
Human Rights, Science and Technology, Authoritarianism, and Democracy
Political Geography:
North America, Global Focus, and United States of America

40. Peace as a Human Right: Outlook of the Relationships between Human Rights and Peace from the 21st Century | Bir İnsan Hakkı Olarak Barış: İnsan Hakları/Barış İlişkisinin 21. Yüzyıldan Görünümü

Author:
Fatma Akkan Güngör and Zehra Aksu
Publication Date:
09-2020
Content Type:
Journal Article
Journal:
Novus Orbis: Journal of Politics & International Relations
Institution:
Department of International Relations, Karadeniz Technical University
Abstract:
The 20th century has been regulated with a conservative principle due to the fact that states could not be able to solve their national and international problems on their own, and therefore should embrace the concept of global cooperation. That is the reason why state sovereignty has been the subject of many discussions until today. When peace emerged as a human right in the form of solidarity, it was taken into consideration in the literature together with the concept of humanitarian intervention. Furthermore, after that, its validity was discussed in the context of state sovereignty. While all these discussions are taking place, many philosophers/academics, who focus on the problematic of state right or human right and whose ideas evolve to peace studies over the inevitability of wars and reach a stalemate between the subject or state over the right of intervention, bring the old concepts back to the agenda and produce new ideas for the new order. Based on the question of whether peace should be in the system or within the nation, the main problematic in this era is whether a society that includes the entire universe or a system in which the sovereignty principles of states will continue and whether a system, in which wars are also possible, will be accepted as "right" by the subject. | 20. yüzyıl devletler için ulusal ve uluslararası sorunlarını tek başlarına çözemeyecekleri ve bu nedenle küresel işbirliğine yanaşmaları düzleminde muhafazakar ilkeyle düzenlenmiş ve günümüze kadar geçen sürede devlet egemenliği birçok tartışmaya konu olmuştur. Barış, dayanışma türünde bir insan hakkı olarak ortaya çıktığında literatürde insani müdahale kavramı ile birlikte ele alınmış ve sonrasında devlet egemenliği bağlamında geçerliliği tartışılmıştır. Tüm bu tartışmalar yaşanırken devlet hakkı mı insan hakkı mı sorunsalına odaklanan ve savaşların kaçınılmazlığı üzerinden barış çalışmalarına evrilen ve müdahale hakkı üzerine özne mi devlet mi çıkmazında kalan birçok düşünür, eski kavramları yeniden gündeme taşımakta ve yeni düzene yeni düşünceler üretmektedir. Barışın sistemde mi ulusta mı olması gerektiği sorusu üzerinden hareketle ana sorunsal, bu çağda tüm evreni içine alacak bir toplumun mu yoksa devletlerin egemenlik ilkelerinin devam edeceği ve savaşların da olası olduğu bir sistemin mi özne tarafından doğru kabul edileceğidir.
Topic:
Human Rights, International Cooperation, Sovereignty, Self Determination, Humanitarian Intervention, and Peace
Political Geography:
Global Focus