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341. Chechnya Weekly: Volume 7, Issue 30

Publication Date:
07-2006
Content Type:
Policy Brief
Institution:
North Caucasus Weekly (formerly Chechnya Weekly), The Jamestown Foundation
Abstract:
The death of Chechen rebel warlord Shamil Basaev (Chechnya Weekly, July 14) and Federal Security Service (FSB) Director Nikolai Patrushev's offer of amnesty to Chechnya's rebels (Chechnya Weekly, July 20) have been followed by a number of optimistic statements from federal and Chechen officials about the progress made against insurgents in Chechnya and the North Caucasus. On July 24, Interfax quoted Chechnya's chief prosecutor, Valery Kuznetsov, as claiming that 46 rebels had surrendered since the start of July. On July 26, Caucasus Times quoted Chechen law-enforcement agencies as saying that 50 members of “illegal armed formations” had given themselves up since the start of July, with the largest group of these fighters personally surrendering to Chechen Prime Minister Ramzan Kadyrov in Gudermes. Federal Deputy Interior Minister Arkady Yedelev said on July 26 that the total number of “illegal armed formation” members in the Southern Federal District today does not exceed 800, down from the earlier number of 1,200-1,800. On July 18, Kadyrov told the board of the Chechen Interior Ministry that only 50 active rebels remain in Chechnya, with part-time rebels and rebel sympathizers numbering only 200-300. Kadyrov said that he believed that there would be “good results” by August 1, the deadline for Patrushev's amnesty offer. “There was a den of the enemy in the republic; there were many visiting militants—Turks, Arabs, Azerbaijanis, Ingush, Dagestanis,” Itar-Tass quoted him as saying. “I think those remaining will come to us.” If not, Kadyrov added, they would face heavy sentences or “liquidation.”
Topic:
Security, Ethnic Conflict, and Law
Political Geography:
Russia, Chechnya, and North Caucasus

342. Reasons for Supporting the EU Constitution

Author:
A. Füsun Arsava
Publication Date:
03-2005
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
Uluslararasi Iliskiler
Abstract:
Although the founding treaties of the European Communities were not declared as the founding treaties of a legal community, they had the features of a constitution from the beginning onward. The constitutional features of the founding treaties were concrete facts especially regarding principles of state of law included in the treaties. But the order of law that stemmed from the current founding treaties was complex. That development came into being without the will of the European peoples. The ultimate goal of the EU Constitution today is to complete the process of constitutionalization with the contribution of European peoples. The more the constitution stresses upon the priority of law, democracy, fundamental rights, freedoms as constitutional principles and the more it shapes institutional structure on democratic foundations, the faster the constitutionalization process will be complete and the discussion about the legitimacy of the EU will come to an end. That will make the acceptance of the EU law beyond any doubt.
Topic:
Law
Political Geography:
Europe

343. Lifting the Veil

Author:
Patrick Weil
Publication Date:
09-2004
Content Type:
Journal Article
Journal:
French Politics, Culture Society
Institution:
Conference Group on French Politics Society
Abstract:
On July 3, 2003, President Jacques Chirac set up an independent commission to study the implementation of the principle of laïcité [secularism] in the French Republic. I was a member of that commission, chosen most likely for my expertise in the field of immigration policy and nationality law and as a former member of the High Advisory Council on Integration. I arrived with the idea that a law was probably unnecessary for resolving the problems. Yet, after four months of public hearings involving representatives of all religious confessions, political parties, unions, NGOs, and above all actors on the ground-principals, teachers, parents, students, directors of hospitals and jails, company managers - I endorsed a report recommending twenty - five different measures, including the ban on conspicuous religious symbols in public schools. In this essay I would like to explain why.
Topic:
Law

344. Hierarchy of Norms in the Primer Law during the European Contitutionalisation Process

Author:
A. Füsun Arsava
Publication Date:
06-2004
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
Uluslararasi Iliskiler
Abstract:
The discussion over the proposed derogations regarding the establishment of the United Cyprus Republic on the basis of Annan Plan and its EU membership has been the main motive in writing this paper. Since the acceptance of these derogations as secondary law stipulations could have resulted in a risk of annulment on the basis of their being in breach of primary EU law, some attention was paid to the possibility of accepting them as part of the accession agreement, thus rendering onto them primary law status. In connection with these discussions, this paper discusses the validity of derogations as primary law rules vis-à-vis founding treaties of the Union within the context of hierarchy of different norms in the EU legal system.
Topic:
Law
Political Geography:
Europe and Cyprus

345. The Empire of Law: Dignity, Prestige, and Domination in the "Colonial Situation"

Author:
Emmanuelle Saada
Publication Date:
06-2002
Content Type:
Journal Article
Journal:
French Politics, Culture Society
Institution:
Conference Group on French Politics Society
Abstract:
My contribution is an attempt to resolve one of those enigmas that the French colonial archives hold for assiduous readers. In the course of comparative research on the juridical status of métis children in the French Empire, I was struck by the frequency with which the terms "dignity" and "prestige" figured in a wide range of colonial preoccupationswhether on the part of local or central administrations, private individuals or institutions. These were not merely personal or social qualities, but terms that had precise legal meanings and that played a central role in colonial jurisprudence. In this context, the terms were predominantly used in the negative-referring to threats to prestige (atteintes au prestige) or to the obligation to maintain one's dignity (garder sa dignité). This runs counter to the conventional image of a self-confident colonial society, persuaded of its superiority and of the legitimacy of its "mission civilisatrice."
Topic:
Law

346. Jordan's New Election Law: New Tactics, Old Strategy?

Author:
David Schenker
Publication Date:
07-2001
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
This week, Jordan's King Abdullah took two major decisions that will have significant implications for the kingdom's complicated and often troubled relations with its Palestinian and Islamist communities. Last Sunday, Abdullah approved a new election law; two days later, he issued a decree indefinitely postponing parliamentary elections. Taken together, these moves appear designed to bolster the stability of the kingdom, though it is still too early to assess whether the regime wins or loses from these parliamentary gambits.
Topic:
Security, NATO, Arms Control and Proliferation, Religion, Terrorism, and Law
Political Geography:
Middle East, Palestine, Arab Countries, and Jordan