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  • Author: Mohamed Omar Hashi
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Bildhaan: An International Journal of Somali Studies
  • Institution: Macalester College
  • Abstract: From the 1940s to the 1970s, the world witnessed considerable and tumultuous change. This change was, on the one hand, based on the independence realized by the territories that European empires had controlled during the colonial era. On the other hand, just as the struggle against colonial rule ended, new conflicts erupted in many of these newly independent nations. In contrast to the colonial era, after the culmination of the Cold War, which reshaped the world order, the number of newly independent states unable to fulfill their obligations to their citizens increased. Such failures became apparent as states failed to provide a certain level of functions that would ensure both the security and the well-being of their respective populations. Although such crises of statehood are often depicted as mainly internal in nature, their roots and ramifications transcend the intrastate and are often ignored in the literature. While there was an increase in violence, some scholars attempted to identify the reasons underlying the failure of such states to perform key functions. In doing so, the debate was joined by a body of literature that offered the common assumption that these conflicts usually come under a state's failure. The “failed state” notion became prominent among people in diplomatic, political, and academic circles, as it gradually became rooted in the literature. While in the beginning it concentrated on states within Africa, the label was embraced as an international concern in the aftermath of the “9/11” terror attacks on Mohamed Omar Hashi 79 the twin towers in New York City. As a result, failed states were seen as a threat to international security since such states could potentially offer a safe haven to terrorist organizations. Although virtually no one disagrees that the majority of supposed failed states suffer many severe political, security, and socioeconomic challenges, the failed-state thesis has come up short in sufficiently elucidating the development of such obstacles. Furthermore, there is a lack of clarity and much disagreement, often governed by subjective interpretations, in the academic and policy discourse over how to define the concept and when and how it should be used. This brief essay acts as a beginning critique of the failed-states discourse and thought. The intention is to highlight the problems associated with the current debates. It is not the aim here to present a new approach. The essay will begin with a quick analysis of the theoretical- cum-policy debates underpinning state failure. Thereafter, observation will be made on the apparent growing international security and political interest in the state-failure thesis, with particular reference to the recently emerging pathology of terrorism and its implications for those countries labelled as failed.
  • Political Geography: New York, Europe
  • Author: Stéphanie Hennette Vauchez
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Building on the heightened attention that the optic of judicial selection receives in the world of international courts, this article focuses its attention on one particular criterion that is gaining in importance in that respect: gender. By choosing the European Court of Human Rights as a case in point, the article provides a unique analysis of the history of the 2004 Resolution of the Council of Europe's parliamentary assembly that formulated a rule of gender balance on the list of candidates presented by states for the post of judge at the Court. It first unearths the dynamics that allowed the adoption of the rule as well as all of the fierce opposition it triggered as well as the ways in which counter-mobilization eventually prevailed and watered down the initial rule, with the help of states, the Committee of Ministers and the Court itself (which delivered its first advisory opinion on the topic in 2008). It then looks beyond the static analysis of the rule as a mere constraint and addresses in a more dynamic fashion the multiple interpretations, strategies and, ultimately, politics it opens up. By providing a unique qualitative, comparative and exhaustive analysis of the curriculum vitae of all the 120-odd women who were ever listed as candidates to the Strasbourg judicial bench (1959–2012), the article delivers original data and analyses both the features that women candidates put forth when listed for the job and the strategies of states with regard to the gender criterion. It concludes that while there is a strong proportion of candidates that support the notion that states do not differentiate according to gender or require different qualities from men and women candidates, there is a comparable proposition that contrarily indicates that the world of international judicial appointments is far from gender neutral.
  • Topic: Human Rights, Politics
  • Political Geography: Europe
  • Author: Françoise Tulkens
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Having spent almost 14 years as a judge at the European Court of Human Rights, the author responds to and shares the critical view expressed by Hennette Vauchez in her article on the presence of women judges at the European Court of Human Rights. Some steps forward have admittedly been made through the voluntary action of the Council of Europe Parliamentary Assembly, but there has also been resistance in the implementation of these new rules. The gains are fragile and there are risks of regression. This situation confirms Kenney's analysis: women's progress is not natural, inevitable nor irreversible. A reaction is all the more necessary and urgent since, in the coming months of 2015 and subsequently, many elections of judges to the Court will take place, due in particular to the non-renewable nine-year term of office of judges introduced by Protocol No. 14 to the European Convention on Human Rights.
  • Topic: Human Rights
  • Political Geography: Europe
  • Author: Fionnuala Ní Aoláin
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article responds to a thoughtful intervention by Stéphanie Hennette Vauchez documenting the selection process for women seeking judicial appointment to the European Court of Human Rights. Written in the context of the author's experience as candidate for appointment to the Court, the analysis concentrates on the gendered dimensions of international institutional cultures, habits and practices that frame selection to judicial office as much as any formally applicable rules. I explore the ways in which ostensible access to international judicial bodies conceals the manifold ways in which Courts are coded masculine, and how female candidacy requires careful deliberation on performance, presentation and identity. Drawing on 'new institutionalism' theory, I underscore that female presence alone rarely undoes embedded institutional practices. Rather, transforming institutional practices and values must parallel female presence, thereby redefining the institution and the forms of power it exercises. The article concludes by reflecting on the importance of feminist judging, and argues that it is precisely the transformative political and legal changes sought by self-defined feminists that may stand the best chance of undoing the structures, habits and practices that continue to exclude women from being appointed and from engaging on terms of full equality when they arrive.
  • Topic: Human Rights
  • Political Geography: Europe
  • Author: Paolo Lobba
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Litigation concerning domestic restrictions on Holocaust denial has produced a 30-year-long jurisprudence of the European Court and European Commission of Human Rights. In spite of solemnly declared principles on free speech, the Strasbourg organs have progressively developed an exceptional regime in this regard based on the 'abuse clause' envisaged under Article 17. Had this detrimental treatment remained confined to its original sphere, it could have perhaps been considered as a negligible issue. However, the scope of the abuse clause was extended to encompass a growing class of utterances, including the denial of historical facts other than the Nazi genocide. This piece begins by examining the Strasbourg case law on Holocaust denial, with a view to enucleating the effects, scope and conditions of applicability of the special regime based upon Article 17. Once the shortcomings implied by this detrimental discipline have been exposed, it shall be argued that all expressions should be dealt with under the ordinary necessity test, in which the abuse clause ought to operate as an interpretative principle. In the alternative, and as a minimum, the Court should pay due regard to the political and social context of the country where restrictions on free speech were enforced, setting aside the uniquely harsh treatment reserved for Holocaust denial.
  • Topic: Genocide, Human Rights
  • Political Geography: Europe
  • Author: Olexiy Haran, Maria Zolkina
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Mass protests in Maidan, the central square of Kyiv, during the bitter cold winter of 2013-2014, known as 'Euromaidan' or 'Revolution of Dignity' were non-violent for more than two months. The demonstrations began when, under Russian pressure, former President Viktor Yanukovych abruptly resisted in signing the long promised Association Agreement with the EU. However, when President Yanukovych, reputed for his corruption and authoritarian style, responded to the peaceful protests by violent repression, Euromaidan quickly moved beyond its initial slogans and demanded the president's resignation. In February 2014, after security forces started to shoot protesters, Ukraine became one of the only countries in the world where a hundred people died “under the EU flags” defending democracy and the European choice. In this context, according to the agreement signed on February 21, 2014, between the opposition and President Yanukovych, the parliament returned to the 2004 constitutional reform and, consequently, combined a parliamentary-presidential form of government. The 2004 constitutional reform had previously been unconstitutionally abolished by President Yanukovych in 2010 and its restoration was among the main demands of the Euromaidan.
  • Topic: Government
  • Political Geography: Europe, Ukraine
  • Author: Canan Balkir, İlkay Südaş
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: As a country in transition from emigration to immigration, Turkey hosts many diverse migrant groups, creating a very dynamic research field to explore. Amongst them, European retirees have settled in the coastal Turkish Riviera. This paper tries to understand the perspectives of both retired EU migrants and local hosts on migration and settlement processes. After briefly describing the geographical distribution of EU citizens in Turkey, the paper focuses on the demographic characteristics and socio-economic integration of retired migrants in Antalya, the most popular destination in Turkey.
  • Topic: Economics
  • Political Geography: Europe, Turkey
  • Author: Susan Beth Rottmann
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: In conversation with recent work on transnational social fields, this article explores how Germany and Turkey are linked through a “set of multiple, interlocking, networks of social relationships” . The article examines how the social field affects migrants returning from Germany to Turkey. Specifically, it describes how the transnational social field emerges through a concrete set of economic, political and cultural exchanges. It also illustrates that the social field is a space of imaginations of Germany and Turkey, reflecting and producing citizens' uncertainties about the “Europeanness”. For German-Turkish return migrants, the transnational social field exacerbates conflicts with non-migrants and fosters anxieties about migrants' “Germanization” and loss of “Turkishness.” Ultimately, this research shows that Turkish citizens remain deeply concerned about the meaning of modernity, Muslim citizenship in Germany, and Turkey's current and future position in Europe.
  • Topic: Economics
  • Political Geography: Europe, Turkey, Germany
  • Author: Judith Zijlstra
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: This article discusses Turkey's increasing role as a country of immigration by using the case study of Iranian migration to Turkey. While Turkey predominantly functions as a transit country for Iranians on their way to the West, this article will focus on a small group of Iranian migrants who went to Turkey with the purpose of transit but eventually settled down in the country. At the same time, the article investigates the concepts of “transit” and “settlement” among a growing group of Iranian students who entered Turkish universities in recent years. In which ways can these students be compared to other Iranian migrants in Turkey? And to what extent are Turkey's institutions for higher education becoming an easy channel for migrants looking for ways to leave their home country?
  • Topic: Migration
  • Political Geography: Europe, Iran, Turkey
  • Author: Emilian Kavalski
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: The discussion of China's growing prominence in international life has attracted the increasing attention of policy-makers, the public and scholars alike. Usually sidelined by the mainstream, such interest in China's role and position in global politics has grown exponentially in the context of the deepening concomitant economic, social and political crises across Europe and North America – which, until very recently, were considered the traditional locales of power and influence in world politics. Indicative of the emerging weight and significance of non-Western actors on the global stage, the trend set by China seems to challenge the conventional framework of the study and practice of International Relations (IR).
  • Topic: International Relations, Economics
  • Political Geography: China, Europe, North America