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  • Author: Alan McPherson
  • Publication Date: 01-2021
  • Content Type: Journal Article
  • Journal: Strategic Visions
  • Institution: Center for the Study of Force and Diplomacy, Temple University
  • Abstract: Contents News from the Director Fall 2020 Lecture Series ……………2 Fall 2020 Prizes …………………….3 Funding and the Immerman Fund ….3 Note from the Davis Fellow …………4 Temple Community Interviews Dr. Joel Blaxland …………………5 Dr. Kaete O’Connell ……………….6 Jared Pentz ………………………….7 Brian McNamara …………………8 Keith Riley …………………………9 Book Reviews Kissinger and Latin America: Intervention, Human Rights, and Diplomacy Review by Graydon Dennison …10 America’s Middlemen: Power at the Edge of Empire Review by Ryan Langton ……13 Anthropology, Colonial Policy and the Decline of French Empire in Africa Review by Grace Anne Parker ...16 Latin America and the Global Cold War Review by Casey VanSise ……19
  • Topic: Foreign Policy, Diplomacy, Human Rights, Military Intervention, Empire
  • Political Geography: United States, France, Latin America, Global Focus
  • Author: Erin Engstran, Caitlin Flynn, Meg Harris
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: Women make up more than 80 percent of North Korean migrants to South Korea. This paper provides a gendered analysis of their migration and offers recommendations to address the systematic oppression and abuse of North Korean migrant women and girls. Gendered human rights abuses and societal shifts in gender roles due to famine contributed to women leaving in record numbers. On the journey, often via China, women face human trafficking fueled by China’s skewed sex ratios, sexual violence, and the threat of extradition back to North Korea where defectors are imprisoned, tortured, or killed. Even those who successfully complete the journey suffer from post-traumatic stress disorder, discrimination, and difficulty adjusting into South Korean society. Interventions and policies must acknowledge the gendered dimension of migration to effectively address the harm North Korean women and girls experience.
  • Topic: International Relations, Gender Issues, Human Rights, Migration, Women, Refugees, Gender Based Violence , Human Trafficking
  • Political Geography: China, South Korea, North Korea, Asia-Pacific
  • Author: Matej Jungwirth
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: This paper explores the high seas as a critical space for the formulation and development of international human rights law in two inter-related areas: anti-piracy campaigns and rescue of the so-called “boat people.” While the high seas have been instrumental in promoting inter-state cooperation and coordination, I argue that they have also laid bare the limits of states’ nominal commitments to rights protection. Using historical case studies of the Vietnam crisis, Haiti arrivals to the United States, and the current marine policies of Australia, I show that states too often willfully neglect their human rights obligations. In doing so, these states might succeed in protecting their short-term interests, but undermine the foundations of international human rights regimes in the long run.
  • Topic: Human Rights, Migration, Refugees, Maritime
  • Political Geography: Vietnam, Australia, Australia/Pacific, North America, Southeast Asia, United States of America
  • Author: Sheena Chestnut Greitens, Myunghee Lee, Emir Yazici
  • Publication Date: 02-2020
  • Content Type: Journal Article
  • Journal: International Security
  • Institution: Belfer Center for Science and International Affairs, Harvard University
  • Abstract: In early 2017, the Chinese Communist Party changed its internal security strategy in Xinjiang, escalating collective detention, ideological re-education, and pressure on Uyghur diaspora networks. This strategy shift was likely catalyzed by changing perceptions of Uyghur involvement in transnational Islamic militancy in Southeast Asia and the Middle East, heightening perceived domestic vulnerability to terrorism.
  • Topic: Security, Human Rights, Minorities, Counter-terrorism, Repression
  • Political Geography: China, Asia, Xinjiang
  • 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 , Conflict
  • Political Geography: Global Focus
  • 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, Conflict
  • Political Geography: Global Focus
  • 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, Refugees
  • Political Geography: 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, Integration
  • Political Geography: Europe
  • Author: Claudia Fuentes-Julio, Raslan Ibrahim
  • Publication Date: 09-2019
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: The role of human rights abuses in the causes, dynamics, and consequences of conflict illustrate the importance of a human rights approach to conflict resolution:1 if human rights are part of the problem, they must be part of the solution. This essay aims to show how a human rights perspective can improve the odds of transforming violent conflicts into sustainable peace by enhancing the design and implementation of peace processes and conflict resolution practices. In doing so, we will clarify the main characteristics of a human rights approach to conflict resolution and identify a set of human rights standards to guide its implementation. We will then briefly analyze the Colombian and the Israeli-Palestinian peace processes, each through the lens of the human rights approach. These two cases illustrate opposite ends of the spectrum when considering the inclusion of human rights in conflict resolution. At one end, the Colombian peace process illustrates how negotiations and a final agreement can recognize peace as a human right, highlighting the need to transform the structural conditions of injustice and human rights violations that give rise to armed conflict. At the other end, in the Oslo Accords between Israel and the Palestine Liberation Organization, human rights are virtually absent despite the fact that systematic abuses are among the main underlying causes and consequences of the conflict. In the conclusion, we address one of the main criticisms and challenges of a human rights–based approach to conflict resolution.
  • Topic: Human Rights, Conflict, Peace
  • Political Geography: Middle East, Israel, Colombia, Palestine, South America
  • Author: Jon Temin, Yoseph Badwaza
  • Publication Date: 07-2019
  • Content Type: Journal Article
  • Journal: Journal of Democracy
  • Institution: National Endowment for Democracy
  • Abstract: While enormous challenges persist, the ongoing political opening in Ethiopia offers an opportunity for the expansion of democracy and respect for human rights in a geopolitically important state, and is already having significant implications for peace and security in the Horn of Africa. Managing massive expectations, maintaining stability, and instituting a political order in which the country’s divergent political groups and ethnic communities are meaningfully represented and at peace with each other are key tests that will determine the trajectory of Prime Minister Abiy Ahmed’s bold political experiment. With robust citizen engagement and prudent international support, there is reason to believe that the challenges are surmountable.
  • Topic: Human Rights, United Nations, Democracy, Political stability
  • Political Geography: Africa, Ethiopia
  • Author: Liam Halewood
  • Publication Date: 08-2019
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: In 2015, the United Kingdom (UK) became the first European State to incorporate extraterritorial targeted killing with drones into its counterterrorism framework. This article examines whether the UK’s obligations under the European Convention on Human Rights (ECHR) extend to such operations. Scholars have suggested not, based on a comparison of a drone strike to the circumstances of the landmark Bankovic case, which was inadmissible on jurisdictional grounds. Consequently, the UK policy is perceived as occurring in a legal black.hole outside the purview of the Convention. However, this article argues that the comparisons to Bankovic overlook the uniqueness of targeted killing operations and the context in which the UK policy is utilized. Considering the distinctiveness of the UK policy, this article re-evaluates the applicability of the ECHR and proposes that the European Court of Human Rights (ECtHR) could find a jurisdictional link between the UK and the victims of targeted killing, thereby avoiding the perceived legal black.hole.
  • Topic: Human Rights, Military Strategy, Drones, Extrajudicial Killings
  • Political Geography: United Kingdom, Europe
  • Author: Severin Meier
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: This article examines the extraterritorial application of the European Convention on Human Rights (ECHR) during international armed conflict. After a brief discussion of the different historic origins of international human rights law and international humanitarian law (IHL), the article examines the test for establishing jurisdiction under Article 1 of the ECHR. A critical analysis of some contentious legal issues regarding derogations completes the picture of when jurisdiction is established. Subsequently, the article considers the interaction between the ECHR and IHL in international armed conflicts and concludes by arguing that a balance must be found between protecting human rights in international armed conflicts while not interfering unduly with IHL.
  • Topic: Human Rights, International Law, Conflict
  • Political Geography: Europe
  • Author: Julia Bialek
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: Infringements of human rights through the actions of transnational corporations are common in our globalizing world. While the international community has undertaken numerous attempts to hold private corporations responsible for their actions, only soft law instruments govern this area of public international law. Only recently, a first draft was released for a Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and Other Business Enterprises, also known as the Zero Draft. This article argues that the Zero Draft, while based on contemporary international law, represents a positive first step in the treaty-making process, but it still needs specification and clarification in order to close the gap in human rights protection effectively. First outlining the need for a closure of the gap in human rights protection, this article then closely examines the content of the Zero Draft. To that end, an in-depth analysis of the core provisions of the Draft is offered, especially focusing on the rights of victims, the prevention of human rights infringements, and corporate liability. Furthermore, this article analyzes current State practice and the expectations of the international community towards a legally binding instrument on the topic of business and human rights. Significantly, this article also compares the Zero Draft to existing soft law and previous recommendations on how to close the gap in a binding manner. Finally, the article concludes that, by indirectly holding companies accountable without depriving States of their sovereign power over their companies, the Zero Draft has the potential to be implemented as a future Treaty on Business and Human Rights.
  • Topic: Globalization, Human Rights, Treaties and Agreements, transnationalism
  • Political Geography: Global Focus
  • Author: H.S. Sharif, Jafar Riaz Kataria
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: This paper would discuss freedom of expression and restrictions on the freedom with particular reference to the provisions of International Covenant on Civil and Political Rights (ICCPR) and the „Justiciability Doctrine‟ as enshrined in the European Convention of Human Rights (ECHR). The question whether the freedom of expression claims are justiciable or not, in third world countries like Pakistan and how it helps in the advancement of rule of law and good governance would be explored. The focus would be on the cultural relativism narrative developed ever since the adoption of the Universal Declaration of Human Rights (UDHR). The claims of „Universalism‟ associated with human rights especially freedom of expression would be criticized with respect to the Margin of Appreciation Doctrine as reflected in the jurisprudence of the European Court of Human Rights (ECtHR) and adopted in other jurisdictions. Freedom of expression and the rights of minorities in Pakistan would be discussed with a special mention of proselytization and forced conversions. Lastly, the role of legislation and judiciary in Pakistan for the protection and advancement of the freedom of expression guarantee would be discussed.
  • Topic: Human Rights, Governance, Culture, Freedom of Expression, Rule of Law
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Tahira Jabeen
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Since the introduction of the Policy for Regulation of INGOs in Pakistan, 2015 and the draft Regulation of Foreign Contribution Act 2013-15 (RFCA),the state-civil society relationship in Pakistan has been once again in jeopardy. This paper examines the issue of regulating civil society organizations in Pakistan, considering the unique composition of Pakistani civil society, its role, and the existing legal framework while drawing on examples from the region. Based on the analysis, it is recommended that due to the importance of associational life in the development and democratization of Pakistan, civic organizations should be regulated in the light of the constitutional provisions, which consider rights to association as basic human rights.
  • Topic: Civil Society, Human Rights, Non-Governmental Organization, Regulation, State
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Aleksandra Gryzlak
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: Warsaw East European Review (WEER)
  • Institution: Centre for East European Studies, University of Warsaw
  • Abstract: From the very beginnings of Soviet rule in Georgia, the communists were not very popular throughout Georgian society and treated as occupants. Almost all active forms of resistance ceased to exist after the bloody suppression of the August Uprising of 19241. The massive purge of the Georgian intelligentsia that followed deprived the nation of its patriotic elites. Only after the death of Stalin and in the wake of Nikita Khrushchev’s famous speech in 1956, did the situation change. Khrushchev’s words of accusation and criticism, leveled at Stalin for his cult of personality and other mistakes, were treated in Georgia as an attack on their nation and an element of Russian chauvinism. It gave rise to a series of mass protests in Tbilisi in March 1956, that were brutally dispersed by the army. Approxi- mately 150 people died as a result2. During the 1950s and 60s, Vasilii Mzhavanadze was the leader of the Georgian Com- munist Party. In keeping with Khrushchev’s strategy of somewhat reduced control over the national republics, one could observe a consolidation of power by the ruling elite in Geor- gia3. This led to the spread of corruption, bribery and other illegal economic operations. Despite a weak economy, according to official statistics, the average Georgian’s savings in the 1970s were nearly twice that of the average Russian. Also, during this time, a very high number of educated specialists – who while graduating, did not take job assignments were still able to live reasonably well. Another phenomenon characteristic for the 1950s and 60s was a growing sense of nationalism. Symptoms of this included a relatively small number of national minority representatives able to gain access to higher education in the Georgian Republic, as well as clear-cut Georgian control over local and national party structures. The situation did not change after the fall of Khrushchev.4 Only in the early 1970s, did things start to change. In 1972, the key position of the First Secretary of the Georgian Communist Party was passed to the former Minister of the Inte- rior – Eduard Shevardnadze, who began his rule with a broad campaign against corruption, overgrown bureaucracy, nepotism, and the so-called “second economy” (black market). Harsh administrative methods used in this campaign brought some positive effects – especially in the agricultural sector – but also resulted in a negative reaction from Georgian society5. Shevardnadze was also supposed to fight against growing Georgian nationalism. Campaigns, that condemned such things as reluctance to learn Russian lan- guage and promotion of national chauvinism in culture, were initiated. The teaching cur- riculum of the subject of history was also put under siege by the new authorities.
  • Topic: Agriculture, Communism, Corruption, Human Rights, Nationalism, Culture
  • Political Geography: Europe, Eastern Europe, Soviet Union, Georgia
  • Author: Christopher Datta
  • Publication Date: 11-2019
  • Content Type: Journal Article
  • Institution: American Diplomacy
  • Abstract: To win the Cold War, President Ronald Reagan did something for which he is never credited: he dramatically increased the budget of the United States Information Agency, the public diplomacy arm of our struggle against communism. Senegal, in September of 1999, was about to hold a presidential election. Because of USIA's long history of promoting journalism in Senegal, the embassy decided to work in partnership with the local Print, Radio and Television Journalists Federation to hold a series of workshops on the role of journalists in covering elections. USIA was uniquely organized to promote democratic development through the long term support of human rights organizations, journalism, programs that helped build the rule of law, educational programs that encouraged the acceptance of diversity in society and, perhaps most importantly, through partnering with and supporting local opinion leaders to help them promote democratic values that stand in opposition to ideologies hostile to the West.
  • Topic: Cold War, Diplomacy, Human Rights, Elections, Democracy, Rule of Law, Ideology, Networks, Journalism
  • Political Geography: Afghanistan, Russia, United States, Europe, Iran, Soviet Union, West Africa, Syria, Senegal
  • Author: Mikael Barfod
  • Publication Date: 05-2019
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: Controversies have abounded, including Palestine and Israel within the UN's Human Rights Council, lack of US support for the International Law of the Sea (since 1994), and the International Criminal Court (since 2002). Collectively, the European Union and its Member States remain by far the largest financial contributor to the UN, providing 30% of all contributions to the budget and 31% of peace-keeping activities in addition to substantial contributions towards project-based funding. 4. Some may object that the European Union has been hampered by the lack of a common position among EU Member States on the future of the UN Security Council (UNSC), where two member-states, UK and France, currently have permanent seats and one, Germany, is desperate to get one.
  • Topic: International Relations, Cold War, Human Rights, European Union, Multilateralism
  • Political Geography: Africa, China, United Kingdom, Europe, Iran, Israel, Asia, France, Germany, United States of America
  • Author: Karina Santellano
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: California Journal of Politics and Policy
  • Institution: Institute of Governmental Studies, UC Berkeley
  • Abstract: Law pertaining to immigrants is conceptualized as legal violence (Menjívar and Abrego 2012). Deferred Action for Childhood Arrivals (DACA) is an executive policy with an uncertain future under the Trump administration. In California, many DACA beneficiaries are students at public colleges and universities. This paper conceptualizes DACA as another form of legal violence and draws from 30 in-depth interviews with undocumented students to explore the ways in which undocumented students believe the role of their college/university is to mitigate the legal violence stemming from the liminality of DACA. Some participants believe their colleges/universities should provide safety, specifically via the designation of sanctuary campus status for its symbolic importance, others believe their colleges have a responsibility beyond intellectualism sharing they should be progressive leaders against xenophobia, while others expressed cynicism, describing institutions of higher education as corporations interested in their brand rather than in being immigrant rights advocates on behalf of their students. This study serves as a way for institutions of higher education to learn how undocumented students perceive their roles and duties. At the end of this paper, the author suggests how colleges and universities can work towards mitigating legal violence in the lives of undocumented students.
  • Topic: Human Rights, Immigration, Law, Immigrants, Higher Education
  • Political Geography: United States, California
  • Author: Cecile Fabre
  • Publication Date: 09-2018
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: Most foreign policy is not implemented through war. Yet, with a few recent exceptions—like James Pattison’s 2018 monograph The Alternatives to War—political and moral philosophers have yet to explore all options between war and doing nothing.1 Here I consider one such option: subversive interference in a democracy’s nationwide elections. In that regard, the years 2016–2017 have proved rich in controversies. In France, Russian banks with close ties to the Kremlin provided cash loans to the National Front in the run-up to the 2017 presidential elections. In December 2017, the Australian premier announced a tightening of restrictions on foreign funding of political parties out of concern with alleged and undue Chinese influence on some Australian politicians. Last, but far from least, in the United States the Office of the Director of National Intelligence along with the CIA, FBI, and NSA all take the strong view, backed in part by social media data, that Russian authorities actively sought to undermine Hillary Clinton’s 2016 presidential campaign and to bolster Donald Trump’s.2 Interestingly, however, some of President Putin’s critics are vulnerable to the charge of hypocrisy. To give but two examples, the United States has a long history of interfering in the institutions and elections of its Latin American neighbors and, indeed, at the height of the Cold War, of its European allies. More recently, many believe that, absent U.S.-driven assistance, the Democratic Opposition of Serbia would have lost the 2000 Yugoslavian presidential election to Slobodan Milošević.3 Attempting to subvert the democratic elections of a putatively sovereign country is a time-honored way of bending the latter’s domestic and foreign policy to one’s will. However, it seems to elicit far more condemnation than war and, indeed, other forms of coercive diplomacy. Perhaps this is because, to many people, the rights of democratic participation have primacy over all other rights; or because most often electoral subversion takes place covertly. Either way, given how destructive those other modes of interference are, this is puzzling. I frame my inquiry as follows. I focus on the state-sponsored, nonviolent, nonkinetic subversion of nationwide elections (for short, subversion). Moreover, because I am interested in exploring whether there are any situations in which subversion may be justified, I consider cases in which subversion is used as a means to prevent or end large-scale human rights violations, though my argument also has implications for subversion as a tool of foreign policy in general. In addition, my aim is not to evaluate subversion as an alternative to war or, for that matter, to other measures, such as economic sanctions. Due to space constraints, I simply wish to show that, under certain conditions and subject to certain constraints, subversion is pro tanto justified. Whether it is justified all things considered—and, in particular, once one has taken into account other options—is another matter and one that I cannot settle here. Finally, although subversion affects election candidates, it above all undermines a citizen’s right to vote. Accordingly, in what follows I focus on the latter and not the former. Attempting to subvert the democratic elections of a putatively sovereign country is a time-honored way of bending the latter’s domestic and foreign policy to one’s will. However, it seems to elicit far more condemnation than war. Before I begin, let me outline the overall normative framework on which my arguments rely. I take it for granted that all individuals, wherever they reside in the world, have rights to the freedoms and the resources they need to lead a minimally flourishing life—in other words, human rights. Moreover, they hold those rights against all human beings and their respective governments. Put differently, on this cosmopolitan view, all of us, wherever we reside in the world, are under duties to all other individuals, wherever they reside, to respect their human rights. How precisely we discharge those duties partly depends on the institutional structures under which we live. Be that as it may, I am not under a stronger duty to respect my compatriots’ human rights—for example, not to be killed or to be given means of subsistence—than I am to respect those same rights of noncompatriots, and vice versa
  • Topic: Foreign Policy, Human Rights, Sovereignty, Elections, Election Interference
  • Political Geography: Global Focus
  • Author: Ş. İlgü Özler
  • Publication Date: 12-2018
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: On December 10, 1948, the United Nations General Assembly passed the Universal Declaration of Human Rights (UDHR), the most significant statement from the global community regarding what constitutes the ideal human life in any society and the rights to which all people are entitled. On the basis of the principles laid out in the UDHR, the international community has since negotiated a large number of human rights treaties and conventions and has developed plans of action in relation to all aspects of living a dignified life. The UDHR is arguably one of the most important documents in the history of human civilization; and to the extent that words on paper can change the world, the impact of the UDHR has been profound. However, despite providing a solid foundation for our collective understanding of the rights to which human beings are endowed, today we are still far from realizing these goals, and threats to the very principles enshrined in the UDHR continue to emerge. The declaration has now endured for seventy years, roughly the global average human life span. Thus, this occasion presents a good opportunity to take stock of what has been achieved, what has yet to be accomplished, and to consider the future longevity of this seminal declaration. As with any interpretation of something as complex as the impact of a document on the world, assessments of the UDHR and its ongoing role are mixed. Many in the field of human rights see a glass half full, characterizing the UDHR as a powerful tool that has dramatically shaped political and economic development throughout the world.1 Others focus on the space that remains empty, emphasizing the flaws that inhibit the realization of the document’s goals.2 Indeed, it must be admitted that, even given the indisputable progress that has been made over seven decades, there are today growing threats to human rights. These threats are the consequence of a number of global developments, including shifting geopolitical balances, extreme economic and social inequality, climate change, and a weakening of democratic institutions. These threats are very real, and it is important that human rights proponents monitor and respond to them. But here I argue that the threat to human rights is ever present. And thus, rather than focus on the advances and setbacks of this particular moment, this anniversary is an opportunity to consider the overall historical progression toward human rights as embodied in the UDHR and the obstacles that stand in the way of its full realization. Taking this broader view, there are two issues in particular that stand out as barriers to be overcome. The first is tied to the Westphalian state system, which has come to dominate human political organization. State sovereignty presents a fundamental challenge to any effort to establish universal norms. Implementing universal human rights will always be tremendously difficult in a system that affords final authority to state leaders who lack the necessary incentives. This is nothing new or surprising, of course, and it is not unique to human rights. But it nonetheless requires a careful consideration of how international declarations make their way from ideas on paper to practice. A declaration is only significant to the extent to which it is adhered. As a document with universal endorsement, the UDHR does indeed have power, and it can shape the behavior of actors who otherwise risk appearing to stand against history and human civilization. It can also be used as a normative weapon, both by citizens and by the international community, to shame hypocrites who violate the principles to which they and every nation in the world have agreed. But it is, nonetheless, just a document, and without correspondingly strong global institutional mechanisms to ensure implementation and compliance, its impact is limited. The second major issue is the way in which human rights ideals have been segmented. The separation of rights into social/economic and civil/political has enabled states to focus on some rights to the neglect of others. Global power shifts, especially under the hegemony of the post–Cold War United States, have led to exaggerated selective emphasis on just some of the rights embedded in the UDHR, when in fact none can be fully realized without a comprehensive approach. Political rights cannot be effectively exercised by those lacking access to basic economic necessities. And those meeting their economic needs may find that their voices as citizens are meaningless in a system characterized by vast inequality or in which national institutions are infected by mechanisms that leave them politically marginalized. Rights must be recognized as interconnected and they must be advanced in tandem. Emphasis on some principles to the exclusion of others undermines the comprehensive advancement of human rights. Thus, the current state of affairs is a product of the collective failure to address human rights holistically and to implement real monitoring and accountability measures for states, which are directly charged with upholding them within their borders.
  • Topic: Human Rights, United Nations, Hegemony, State Formation
  • Political Geography: Global Focus
  • Author: Adham Sahloul
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: Harvard Journal of Middle Eastern Politics and Policy
  • Institution: The John F. Kennedy School of Government at Harvard University
  • Abstract: The murder of Saudi Arabian columnist Jamal Khashoggi on October 2nd in the Saudi consulate in Istanbul has been a clarion call for the Washington foreign policy community, one that is redefining the United States’ relations with the Saudi Kingdom and, by extension, US strategy in the Middle East. The Khashoggi affair will outlive President Donald Trump; the reputation of Saudi’s leadership is beyond repair, and with Global Magnitsky sanctions and the newly proposed bipartisan Saudi Arabia Accountability and Yemen Act, the US Congress appears ready to act where the executive has fallen short. The CIA has concluded that Saudi Arabia’s Crown Prince Mohammed bin Salman (MbS) ordered Khashoggi’s murder. Trump, who has threatened “severe consequences” for whomever is found responsible, seemed over the past month to be looking for a way out of naming, shaming, and punishing MbS himself. In his statement on November 20th, Trump confirmed many observers’ worst fears about this president’s worst instincts, saying that US security, economic, and political interests transcend this incident. For a sitting US president to balk at the notion of holding an ally accountable and making even a symbolic effort to address such a gruesome crime with clear chains of responsibility constitutes a new low in US foreign policy
  • Topic: International Relations, Foreign Policy, Crime, Human Rights, Politics, Trump, Journalism, Crisis Management
  • Political Geography: Turkey, Middle East, Saudi Arabia, North America, United States of America, Gulf Nations
  • Author: Derek Mitchell, Maia Brown-Jackson
  • Publication Date: 07-2018
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: Derek Mitchell is senior advisor to the Asia Program at the U.S. Institute of Peace. Ambassador Mitchell was confirmed by the U.S. Senate on June 29, 2012, as the first U.S. ambassador to the Republic of the Union of Myanmar in 22 years. He took up his post in July 2012, and departed March 2016. Ambassador Mitchell has authored numerous books, articles, and opinion pieces on Asian security affairs. He received an M.A. in Law and Diplomacy from the Fletcher School at Tufts University and a B.A. from the University of Virginia.
  • Topic: Security, Human Rights, Ethnicity, Conflict
  • Political Geography: Southeast Asia, Myanmar
  • Author: Floris Tan
  • Publication Date: 12-2018
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: This article examines an underexplored avenue for the protection of the rule of law in Europe: Article 18 of the European Convention on Human Rights. This provision prohibits States from restricting the rights enshrined in the European Convention for any other purpose than provided for in the Convention. In this contribution, the author argues, based on a combination of textual, systematic and purposive interpretations of Article 18, that the provision is meant to safeguard against rule of law backsliding, in particular because governmental restrictions of human rights under false pretenses present a clear danger to the principles of legality and the supremacy of law. Such limitations of rights under the guise of legitimate purposes go against the assumption of good faith underlying the Convention, which presupposes that all States share a common goal of reinforcing human rights and the rule of law. Article 18 could therefore function as an early warning that European States are at risk of becoming an illiberal democracy or even of reverting to totalitarianism and the destruction of the rule of law. The article then goes on to assess the extent to which the European Court’s case-law reflects and realizes this aim of rule of law protection, and finds that whereas the Court’s earlier case-law left very little room for an effective application of Article 18, the November 2017 Grand Chamber judgment in Merabishvili v. Georgia has made large strides in effectuating the provision’s raison d’être. As the article shows, however, even under this new interpretation, challenges remain.
  • Topic: Human Rights, International Law, Rule of Law
  • Political Geography: Europe
  • Author: Satnam Singh Deol, Amandeep Kaur Sandhu
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: The constant presence of undemocratic regimes, insurgencies and political instability in Afghanistan has continuously resulted into the miserable status of civil and political human rights. Furthermore, the heterogeneous nature of Afghan society and economic under development have deprived the people of social, cultural and economic rights. In 2004, democratic government had been established in Afghanistan under the presidentship of Hamid Karzai. Very obviously, the people at domestic level as well as the international community expected from the democratically elected regime to take concrete initiatives for the promotion and protection of human rights. The study observes that the pioneer democratically elected government of Afghanistan had taken all constitutional measures and legal provisions for the promotion and protection of human rights in Afghanistan which can be expected from a democratic nation. But several political, socio-ethnic and socio-economic circumstances such as frequent violence due to insurgency and counter-insurgency operations, dearth of popular legitimacy to the regime, challenges to political instability along with the orthodox and heterogeneous society, facing acute economic underdevelopment have hampered the actual process of the promotion and protection of human rights in Afghanistan.
  • Topic: Human Rights, Insurgency, Counterinsurgency, Taliban, Military Intervention, Conflict, Violence
  • Political Geography: Pakistan, Afghanistan, South Asia, Central Asia, Punjab
  • Author: Amjad Abbas Khan, Sardar Sajid Mehmood, Mehboob Alam
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Kashmir is generally visualized by the global powers with Indian and Pakistani perspective rather than a humanitarian issue. No doubt it is a bone of contention between two countries but cannot be declared as a simple bilateral conflict because of multi-dimensional nature. Kashmiri people have been struggling for their birth right, the right of self-determination since 1948, in the light of UN Security Council‟s resolutions. This paper highlights responsibilities and the role played by global powers in the resolution of longstanding issue of Asian Sub-continent according to the UN Security Council resolutions for peace and prosperity of the region.
  • Topic: Human Rights, United Nations, Bilateral Relations, Territorial Disputes, Self Determination, Conflict
  • Political Geography: Pakistan, South Asia, India, Kashmir, Punjab
  • Author: Aman Ullah Malik
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Election creates an environment of hate which may lead to potential of violence. Although there are enough laws relating to prohibition of hate speech under the Constitution of Pakistan and the ordinary law like Pakistan Penal Code and Anti Terrorism Act, however, there are special laws which control hate speech during Elections. Although International Instruments protected freedom of speech first but did not prohibit hate speech, however, it was permitted to be limited in certain cases. Similarly, the Constitution of Pakistan 1973 also guaranteed the freedom of speech but with list of exceptions to prohibit hate speech. For this purpose, all election laws were consolidated in the form of one piece of legislation: the Election Act 2017. It prohibited hate speech under corrupt practices and made it an offence. To assure a free and fair election, it is mandatory for the Election Commission of Pakistan to frame a Code of Conduct for the political parties and the candidates. The Commission is also bound to issue a separate Code of Conduct for the media. Both Codes provide effective legal regimes to control hate speech. However, the efforts to control it can only be successful if all stakeholders struggle to confront this monster.
  • Topic: Human Rights, Elections, Freedom of Expression, Legislation, Hate Speech
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Khalid Manzoor Butt, Naeema Siddiqui
  • Publication Date: 07-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: The word 'Islamic Republic' is debatable among scholars as what meaning and role the word 'Islam' adds to the republic is still not agreed upon. Therefore, there is a need for resolving this ambiguity by explicitly defining and explaining the meaning and role of Islam in an Islamic Republic. Pakistan, too, is an Islamic Republic, which got the name 'Islamic Republic of Pakistan' for the first time in the constitution of 1956. This study intends to comprehend the mentioned issue by highlighting the similarities and differences between democracy and Islamic system of governance. In this qualitative study, iterative analysis of semi-structured interviews of ten doctorate scholars is carried out. The study comes across primary contradictions between the two systems and gives a way out for a system having characteristics of both Islam and democracy.
  • Topic: Human Rights, Islam, Religion, History, Governance, Democracy, State
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Michal Rotem, Neve Gordon
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: The struggle between Zionists and Palestinian Bedouin over land in the Negev/ Naqab has lasted at least a century. Notwithstanding the state’s continuing efforts to concentrate the Bedouin population within a small swath of land, scholars have documented how the Bedouin have adopted their own means of resistance, including different practices of sumud. In this paper we maintain, however, that by focusing on planning policies and the spatio-legal mechanisms deployed by the state to expropriate Bedouin land, one overlooks additional technologies and processes that have had a significant impact on the social production of space in the Negev. One such site is the struggle over the right to education, which, as we show, is intricately tied to the organization of space and the population inhabiting that space. We illustrate how the right to education has been utilized as an instrument of tacit displacement deployed to relocate and concentrate the Bedouin population in planned governmental towns. Simultaneously, however, we show how Bedouin activists have continuously invoked the right to education, using it as a tool for reinforcing their sumud. The struggle for education in the Israeli Negev is, in other words, an integral part of the struggle for and over land.
  • Topic: Human Rights, International Affairs
  • Political Geography: Palestine
  • Author: Jeffrey Reger
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: Drawing on Arabic, English, and Hebrew language sources from the British and Israeli archives, this article seeks to bridge the catastrophic rupture of 1948 to the early 1950s and to trace the changing relationship between ordinary Palestinian olive cultivators in the Galilee and the newly established Israeli state. In contrast with studies that center on the continued expulsion of Palestinians and extension of control over land by the state and state-supported actors in the aftermath of the Nakba, this study examines those Palestinians who stayed on their land and how they responded to Israeli agricultural and food control policies that they saw as discriminatory to the point of being existential threats. Beyond analysis of Israeli state policy toward olive growers and olive oil producers, this article brings in rare Palestinian voices from the time, highlighting examples of Palestinian resistance to the Israeli state’s practices of confiscation and discrimination.
  • Topic: Human Rights, International Political Economy, International Affairs
  • Political Geography: Israel
  • Author: Sahar Francis
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: Women have been instrumental to the Palestinian liberation struggle from its inception, and the role they have played in political, civil, and armed resistance has been as critical, if not as visible, as that of their male counterparts. In addition to experiencing the same forms of repression as men, be it arrest, indefinite detention, or incarceration, Palestinian women have also been subjected to sexual violence and other gendered forms of coercion at the hands of the Israeli occupation regime. Drawing on testimonies from former and current female prisoners, this paper details Israel’s incarceration policies and examines their consequences for Palestinian women and their families. It argues that Israel uses the incarceration of women as a weapon to undermine Palestinian resistance and to fracture traditionally cohesive social relations; and more specifically, that the prison authorities subject female prisoners to sexual and gender-based violence as a psychological weapon to break them and, by extension, their children.
  • Topic: Gender Issues, Human Rights
  • Political Geography: Israel
  • Author: Nehad Khader
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: In this profile of Rasmea Odeh, JPS examines the case of a Palestinian woman who has been incarcerated in both Israel and the United States. After a decade of confinement in Israel, Odeh was freed in a prisoner exchange in 1979. Following deportation from the occupied Palestinian territories, she became a noted social justice and women’s rights organizer, first in Lebanon and Jordan, and later in the U.S., where she built the now over 800-strong Arab Women’s Committee of Chicago. In April 2017, Odeh accepted a plea bargain that would lead to her deportation from the United States after a years-long legal battle to overturn a devastating conviction on charges of immigration fraud. Observers, legal experts, and supporters consider the case to “reek of political payback,” in the words of longtime Palestine solidarity activist, author, and academic Angela Davis. Odeh’s generosity of spirit, biting wit, and easy smile did not desert her throughout the years that she fought her case. To know Odeh is to be reminded that the work of organizing for social justice is about the collective rather than the individual, and that engagement, relationship building, and trust are the foundations of such work.
  • Topic: Gender Issues, Human Rights, International Affairs, Prisons/Penal Systems
  • Political Geography: Palestine
  • Author: Salim Tamari
  • Publication Date: 11-2017
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: The passing of Ibrahim Dakkak in early June 2016 marked the departure of the last of the great socialist leaders of Palestine’s post-Nakba generation. Dakkak was known for multiple levels of activism, as a trade unionist, as an exponent of economic development and higher education, and as a political organizer. He was also widely recognized for his role as the chief architect in charge of the restoration of al-Aqsa Mosque after an arson attack in 1969. Politically, he was in the top leadership of three major movements inside the occupied Palestinian territories (oPt): al-Jabha al-wataniyya or Palestine National Front, a coalition launched in August 1973 that mobilized civil resistance to Israeli land confiscations and a whole host of other rights violations; Lajnat al-tawjih al-watani (the National Guidance Committee or NGC), established in 1978 to coordinate resistance efforts inside the oPt with the political leadership of the national movement based outside; and al-Mubadara al-wataniyya (the National Initiative Committee), which Dakkak cofounded with Mustafa Barghouti and Haidar Abdel-Shafi in the 1990s to counter the consequences of the Oslo Accords.
  • Topic: Human Rights, International Affairs
  • Political Geography: Palestine
  • Author: Otto H. Van Maerssen
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: In a fairly humid, subtropical section of the United States, there is a site where sporadic gunfire sometimes rattles the windows of buildings nearby. At times, plaintive howls can be heard through those windows: the wails of wounded officers lying on neatly trimmed fields under the bright sun, waving their arms desperately to attract the attention of medics converging on a nearby field ambulance. Meanwhile, scores of military officers, civilian officials and law enforcement personnel inside the buildings barely notice, and all resist the presumably well-ingrained temptation to spring into action. Ignoring the noise outside is certainly understandable, for the sounds are from just some of many training exercises on the Army’s sprawling military base at Fort Benning, Georgia. The military officers, civilian officials and law enforcement personnel are students at one of the base’s facilities, the Western Hemisphere Institute for Security Cooperation (WHINSEC), and are deadly serious about their studies – on countering transnational threats, UN peacekeeping operations, and intelligence analysis of transnational operations, among other courses offered. But, there is one notable feature that distinguishes the educational exercises at this building from any other, and which unites the students in this particular facility: every student in every course begins studies with classes on human rights and democracy, as delineated by the U.S. experience.
  • Topic: Security, Education, Government, Human Rights, Regional Cooperation, Military Affairs, Democracy
  • Political Geography: South America, North America, United States of America
  • Author: Ryan J. Vogel
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: President Donald Trump has made clear his intent to utilize wartime detention in the fight against al-Qaeda and ISIS. As former Deputy Assistant Secretary of Defense for Rule of Law and Detainee Policy, William Lietzau, and I have argued elsewhere, this could be a positive development in the United States’ evolving approach to the war against al-Qaeda, ISIS, and their associates, so long as it is coupled with a commitment to continuing key detention policies and humane treatment standards developed over the past fifteen years. In recent years, the United States has largely avoided adding to the detainee population at Guantanamo (GTMO) – mainly in reaction to some of the more infamous excesses from the first couple of years after the attacks on September 11, 2001. But failing to capture new enemy fighters has come with an operational and humanitarian cost. The United States should take the opportunity that comes with political transition to re-embrace the wartime detention mission.
  • Topic: Government, Human Rights, Law, Prisons/Penal Systems, Al Qaeda, Islamic State, War on Terror
  • Political Geography: Middle East, Global Focus, United States of America, Guantanamo
  • Author: Roberta Cohen
  • Publication Date: 04-2017
  • Content Type: Journal Article
  • Journal: International Journal of Korean Studies
  • Institution: International Council on Korean Studies
  • Abstract: When a typhoon struck North Korea’s northeast in September 2016, it flooded not only schools, health clinics, roads and agricultural lands, but also a reeducation through labor camp housing political prisoners. This presented a challenge to United Nations humanitarian agencies: should they overlook the plight of those in the flooded camp in the interests of working cooperatively with the government, or should they seek to gain entry to all disaster victims in line with the UN’s humanitarian principles? Their decision to ignore the imprisoned victims highlights the need for better integration of human rights concerns into humanitarian action through strengthened cooperation between human rights and humanitarian actors, backup from senior UN officials, and the application of the UN Human Rights Up Front approach to North Korea.
  • Topic: Human Rights, United Nations, Political Prisoners
  • Political Geography: Asia, North Korea
  • Author: Robert Collins
  • Publication Date: 04-2017
  • Content Type: Journal Article
  • Journal: International Journal of Korean Studies
  • Institution: International Council on Korean Studies
  • Abstract: Rescuing inmates from North Korea's vast political prison system presents significant challenges for American and South Korean political and military leaders. The lives of prisoners would be immediately threatened in the event of war or the collapse of the Kim Family Regime, as former camp guards who defected to the Republic of Korea have testified to this effect. The events that would threaten the prisoners' lives would occur at a time when the military assets needed for their rescue are in most demand. Defending Seoul and treating civilian casualties will remain priorities for military commanders, who will find it difficult to divert the specially trained troops, air support and logistical resources required to neutralize camp guards, secure the prisons, and provide immediate aid to the inmates. Yet, rescuing the inmates would provide benefits, including gaining the support from a wary North Korean population and legitimizing post-crisis reunification efforts. Because of the strategic implications of this decision, only the American and South Korean presidents could authorize such a mission.
  • Topic: Human Rights, Regime Change, Prisons/Penal Systems, Political Prisoners
  • Political Geography: Asia, South Korea, North Korea, United States of America
  • Author: Greg Scarlatoiu
  • Publication Date: 04-2017
  • Content Type: Journal Article
  • Journal: International Journal of Korean Studies
  • Institution: International Council on Korean Studies
  • Abstract: North Korea officially dispatches over 60,000 workers to a minimum of 20 countries in Asia, Africa, Europe, and the Middle East. The regime confiscates much of the USD 200 million earned by these workers annually. Despite the known exploitation and hardship, North Koreans continue to covet these positions, which provide rare opportunities to spend time outside the world’s most isolated dictatorial regime and send small amounts of money to their families at home. Only those deemed loyal to the regime as measured by North Korea’s songbun system have access to these jobs. Even those with “good songbun” frequently bribe government officials to secure one of the few positions available. Once overseas, workers labor under harsh and dangerous conditions that border on slavery. North Korea’s pervasive security apparatus continues to survey all activities while spouses and children serve as de facto hostages to prevent defections. The Kim Family Regime’s dispatch of workers amounts to exporting its subjects as a commodity. Efforts to address this issue must be based on applicable international standards. Governments bound by international agreements should first seek redress, as difficult as it may be, before terminating the contracts that cover North Korea’s overseas workers.
  • Topic: Human Rights, Labor Issues, Economy, UN Security Council
  • Political Geography: Africa, Europe, Middle East, Asia, North Korea
  • Author: Emily E. Fox, Richard Aidoo, Marten Brienen, Carlos de la Torre, Alexander B. Makulilo, Joel Martinez
  • Publication Date: 04-2017
  • Content Type: Journal Article
  • Journal: The Whitehead Journal of Diplomacy and International Relations
  • Institution: School of Diplomacy and International Relations, Seton Hall University
  • Abstract: For the Journal’s 19th issue, we explore modern populism across the world. Richard Aidoo looks at the landscape of anti-Chinese populism in the context of Africa’s resource scramble, while Alexander B. Makulilo takes an in depth look at the siren song of populism in Tanzania. Marten Brienen and Carlos de la Torre hone in on populism in Latin America, exploring its early 21st Century evolution and its relationship with democracy respectively. Additionally, the Journal is proud to publish an interview with Ron Boquier and Raul Castillo, both of whom are active supporters of human rights in Venezuela, a county was a harbinger of recent global populist sentiment. Outgoing editor Joel Martinez speaks with Boquier and Castillo on the roles of the United Nations and United States in helping to advance democratic reform in the country.
  • Topic: International Relations, Human Rights, Politics, Natural Resources, Law, Democracy, Populism, Multilateralism, Capital Flows
  • Political Geography: Africa, China, Asia, Latin America, Tanzania
  • Author: Daniel Kanstroom
  • Publication Date: 01-2017
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: This article considers the relationship between two human rights discourses (and two specific legal regimes): refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article’s main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article’s basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement), and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states on generally applicable deportation systems, led in large measure by the United States’ radical 25 year-plus experiment with large-scale deportation. Europe has also witnessed a rising tide of deportation, some of which has developed in reaction to European asylum practices. Deportation has been facilitated globally (e.g., in Australia) by well-funded, efficient (but relatively little known) intergovernmental idea sharing, training, and cooperation. This global expansion, standardization, and increasing intergovernmental cooperation on deportation has been met by powerful — if in some respects still nascent — human rights responses by activists, courts, some political actors, and scholars. It might seem counterintuitive to think that emerging ideas about deportation protections could help refugees and asylum seekers, as those people by definition often have greater rights protections both in admission and expulsion. However, the emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons. First, what Matthew Gibney has described as “the deportation turn” has historically been deeply connected to anxiety about asylum seekers. Although we lack exact figures of the number of asylum seekers who have been subsequently expelled worldwide, there seems little doubt that it has been a significant phenomenon and will be an increasingly important challenge in the future. The two phenomena of refugee/asylum protections and deportation, in short, are now and have long been linked. What has sometimes been gained through the front door, so to speak, may be lost through the back door. Second, current deportation human rights discourses embody creative framing models that might aid constructive critique and reform of the existing refugee protection regime. They tend to be more functionally oriented, less definitional in terms of who warrants protection, and more fluid and transnational. Third, these discourses offer important specific rights protections that could strengthen the refugee and asylum regime, even as we continue to see weakening state support for the basic 1951/1967 protection regime. This is especially true in regard to the extraterritorial scope of the (deporting) state’s obligations post-deportation. This article particularly examines two initiatives in this emerging field: The International Law Commission’s Draft Articles on the Expulsion of Aliens and the draft Declaration on the Rights of Expelled and Deported Persons developed through the Boston College Post-Deportation Human Rights Project (of which the author is a co-director). It compares their provisions to the existing corpus of substantive and procedural protections for refugees relating to expulsion and removal. It concludes with consideration of how these discourses may strengthen protections for refugees while also helping to develop more capacious and protective systems in the future.
  • Topic: Human Rights, International Cooperation, Border Control, Refugees, Humanitarian Crisis
  • Political Geography: Africa, United States, Europe, France, South Africa, Germany, Australia, Mexico, Global Focus
  • Author: Maurício Santoro, Bruno Borges
  • Publication Date: 12-2017
  • Content Type: Journal Article
  • Journal: Revista Brasileira de Política Internacional (RBPI)
  • Institution: Brazilian Center for International Relations (CEBRI)
  • Abstract: Snowden´s whistleblowing on the NSA program had a powerful impact in Brazil, prompting Dilma Rousseff´s administration to promote, at the United Nations, resolutions on Internet privacy, freedom of expression, as well as to host important multistakeholder conferences and, domestically, to approve the innovative legislation known as Marco Civil. These answers were only possible due to a network of officials and activists. However, Brazil´s global leadership in Internet governance is fragile, with many internal contradictions.
  • Topic: Foreign Policy, Human Rights, Governance, Internet
  • Political Geography: Brazil, South America
  • Author: David J. Bercuson, Hugh Stephens, Robert Hage, Robert Huebert, Stefanie Von Hlatky, Lindsay Rodman, Stephen M. Saideman, Hugh Segal, Vanja Petricevic
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: The Global Exchange
  • Institution: Canadian Global Affairs Institute (CGAI)
  • Abstract: The Global Exchange is the Canadian Global Affairs Institute’s quarterly magazine featuring topical articles written by our fellows and other contributing experts. Each issue contains approximately a dozen articles exploring political and strategic challenges in international affairs and Canadian foreign and defence policy. This Summer 2017 issue covers trade deals, human rights, defense, cybersecurity and more.
  • Topic: Defense Policy, NATO, Human Rights, Territorial Disputes, Cybersecurity, Trans-Pacific Partnership, Free Trade, Transparency, Deterrence
  • Political Geography: China, Europe, Canada, North America, Arctic
  • Author: Abdul Majid
  • Publication Date: 01-2017
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: India adopted a democratic parliamentary constitution in January 1950. This constitution enumerates all fundamental civil and political rights irrespective of religion, caste, language or region. However, in practice these rights are denied to religious minorities and low caste and out caste Hindus called Dalits. The Muslims being the largest religious minority have faced more discrimination than any other minority. Their religious cultural identity has been under pressure and they are underrepresented in the parliament or state assembly. The rise of Hindu revivalist movements under the BJP has made the Muslims more vulnerable to Hindu extremism and intolerance. Pakistan has raised the issue of India’s atrocities in Kashmiri at the international level. It supports the Kashmiri struggle for political and civil rights and their right to decide on their own about their political future. The UN and the international community must restrain India from resorting to “state terrorism in Kashmir”.
  • Topic: Human Rights, Religion, United Nations, Territorial Disputes, Self Determination
  • Political Geography: Pakistan, South Asia, India, Punjab, Jammu and Kashmir
  • Author: Sadia Rafique, Khalid Manzoor Butt
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Socio, economic and political involvement of women as half of the total populace is important to reinforce society and state. In every sphere of life, women have been found under-represented one way or the other. The women of Iran are not exempted from this. This paper evaluates women‟s position in two different periods in the history of Iran, i.e., during the rule of the Pahlavi Dynasty, and during the period of the post Islamic Republic. The objective of the paper is, first, to highlight the treatment meted out to women in Iran and shed light on various spheres of social life while comparing the two periods. Secondly, to examine factors that have affected the position of women in Iran
  • Topic: Gender Issues, Human Rights, Islam, History, Governance, Women, Inequality
  • Political Geography: Iran, Middle East, Asia
  • Author: Farhan Navid Yousaf
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: South Asia hosts almost a quarter of the world‟s population. Despite achieving consistent economic growth, the region is marked by dense poverty and human deprivation. In this article, I discuss the issue of human security and argue that governments of the region need to focus on burgeoning nontraditional security threats to promote well-being of the people and improve the quality of their lives by investing resources in human development and implementing the constitutional provisions needed to protect fundamental human rights and dignity. In order to address political-economic-social-cultural disparities and achieve prosperity, the onus is far more on the countries themselves to prioritize the human security agenda through mutual collaboration.
  • Topic: Security, Human Rights, Poverty, Regional Cooperation, Inequality, Economy
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Erika Weinthal
  • Publication Date: 10-2017
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: In the Middle East, water often crosses political borders; because water is a shared resource, its effective management demands cooperation among different users. In the absence of cooperation, conflict is likely. Indeed, conflict and cooperation over shared water has defined Israeli-Palestinian relations since 1967 when Israel gained full control over the Eastern and recharge zone of the western Mountain aquifer, as well as the southern Coastal aquifer. These resources, combined with water from the Sea of Galilee have provided about 60% of Israel’s water consumption. With the occupation of the West Bank and Gaza Strip in 1967, Israel placed restrictions on the drilling of new wells for the Palestinian population in the West Bank, and instead chose to supply water to Palestinian households through its national water company, Mekorot. The signing of the 1993 Declaration of Principles on Interim Self-Government Arrangements (Oslo I) and the 1995 Interim Agreement on the West Bank and Gaza Strip (Oslo II) between Israel and the Palestinian Liberation Organization offered an historic opportunity to move from conflict to cooperation over shared water resources. Unlike many other peace agreements, water was codified in the Oslo Accords, as it was understood that water sharing was of critical importance for human security, economic development, and regional cooperation. Specifically, the Oslo Accords called for the creation of a Joint Water Committee (JWC) during an interim period before the final status negotiations, comprised of equal number of members from Israel and the Palestinian Authority, whose functions would include the coordinated management of water resources and water and sewage systems in the West Bank. Oslo II, Article 40 on water and sewage recognized Palestinian water rights in the West Bank and the need to develop additional water supply. Oslo II also detailed specific water quantities to be allocated to the Palestinian population, mostly from the eastern Mountain aquifer in the West Bank.
  • Topic: Development, Human Rights, Natural Resources, Water, Conflict, Negotiation, Sanitation
  • Political Geography: Middle East, Israel, Palestine, West Bank
  • Author: María Eugenia Cardinale
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: Journal on International Security Studies (RESI)
  • Institution: International Security Studies Group (GESI) at the University of Granada
  • Abstract: This paper will examine two theoretical perspectives about International Security, through the theoretical framework of IR (International Relations) Debates. The focus will be on “thin cosmopolitarianism” and offensive liberalism. Both approaches emphases the linkage between international security and human rights as the core of ideas and practices in the field. International Security has a central role in IR contemporary debates and within them has emerged proposals that pursue the aim of presenting innovative forms and contents for security. Among those approaches experts highlights critical views of cosmopolitarianism and a specific form of liberalism called offensive or interventionist, usually associated with USA security policies. Particularly, this last perspective has not received enough attention in Spanish IR literature. Therefore, the aim of this paper is to review, to compare and to call into question both perspectives, considering that as a basis for analyze international security-human rights relationship.
  • Topic: International Relations, Human Rights, International Security, Liberalism
  • Political Geography: Europe, Spain, United States of America
  • Author: Gabriel Jonsson
  • Publication Date: 10-2016
  • Content Type: Journal Article
  • Journal: International Journal of Korean Studies
  • Institution: International Council on Korean Studies
  • Abstract: South Korea has been board member of the UN Commission on Human Rights and member of the UN Human Rights Council serving as Chairman of the latter in 2016. Both organizations have been characterized by politicization, which undermines their work. However, no such example was found related to their work on human rights in North Korea. Although South Korea’s position on North Korean human rights issues had been inconsistent previously, Seoul has consistently supported UN resolutions since 2008. North Korea has rejected criticism from the UN of its human rights record. Work by the UN and South Korea on the North Korean human rights issue has failed to improve the situation. Regardless, these efforts have increased global awareness of North Korea rights violations and exerted some pressure on Pyongyang to address the situation. South Korea strengthened its commitment in this area when the National Assembly enacted the North Korean Human Rights Act in 2016. Realists’ and liberals’ views of international cooperation form the theoretical framework of the study.
  • Topic: Human Rights, International Cooperation, United Nations, UN Human Rights Council (HRC)
  • Political Geography: Asia, South Korea, North Korea
  • Author: Greg Scarlatoiu
  • Publication Date: 10-2016
  • Content Type: Journal Article
  • Journal: International Journal of Korean Studies
  • Institution: International Council on Korean Studies
  • Abstract: Romanian dictator Nicolae Ceausescu was a great admirer of North Korean leader Kim Il-sung, attempting to duplicate the personality cult, national-Communism and other aspects of the North Korean dynastic totalitarian regime. Systematic human rights violations were common in both countries. Despite the relentless repression, indoctrination and surveillance, there are several factors that could potentially erode the Kim Family Regime’s grip on power, including informal marketization and increased information inflow from the outside world. As such, Romania provides an important precedent for the current situation in North Korea. Of particular note, understanding those factors that conferred legitimacy on the Romanian military enables a deeper appreciation of the military’s role in the anti-communist revolution and turbulent times that followed. Kim Jong-il learned from the Romanian experience, adopting a military first policy in North Korea. In contrast, Kim Jong-un has attempted to return some power to the Korean Workers Party. Kim Jong-un’s success in gaining the support of the country’s elites would be a key factor in avoiding a Romanian-style revolution and obliteration of the top leadership.
  • Topic: Human Rights, History, Regime Change, Authoritarianism, Capitalism
  • Political Geography: Asia, South Korea, North Korea, Romania
  • Author: Abdul Majid, Mahboob Hussain
  • Publication Date: 01-2016
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Kashmir is the oldest and the most serious dispute between Pakistan and India. Various efforts at the bilateral and multilateral levels could not resolve this problem. The two countries have fought hot and cold wars which undermined their bilateral relations. India’s efforts to strengthen its control of Kashmir by use of force have always been questioned by Pakistan that supports Kashmiri demand for right self determination under the UN Resolution of 1948-49. This paper analysis the origins of the Kashmir dispute, its influence on Indo-Pakistan relations, and the prospects for its resolution.
  • Topic: Security, Human Rights, United Nations, Territorial Disputes
  • Political Geography: Pakistan, South Asia, India, Kashmir
  • Author: C. William Walldorf, Jr.
  • Publication Date: 01-2015
  • Content Type: Journal Article
  • Journal: Political Science Quarterly
  • Institution: Academy of Political Science
  • Abstract: C. WILLIAM WALLDORF, JR. discusses sanctions and their effectiveness to promote democracy and human rights. He draws from a set of historical cases in Latin America and argues that his Findings have direct policy implications for present day sanctions against countries like Burma and Syria. - See more at: http://www.psqonline.org/article.cfm?IDArticle=19316#sthash.l7UjcdcH.dpuf
  • Topic: Human Rights
  • Political Geography: Central America, Syria
  • Author: Sarah Detzner, James Copnall, Alex de Waal, Ian M. Ralby, Joshua Stanton, Ibrahim Warde, Leon Whyte, Richard Weitz, Jessica Knight, John H. Maurer, Alexander Tabarrok, Alex Nowrasteh, Tom Keatinge, Emily Knowles, Karolina MacLachlan, Andrew Lebovich, Caroline Troein, Anne Moulakis
  • Publication Date: 01-2015
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: The Fletcher Security Review: Managed and edited by students at the Fletcher School of Law and Diplomacy, we build on the Fletcher School’s strong traditions of combining scholarship with practice, fostering close interdisciplinary collaboration, and acting as a vehicle for groundbreaking discussion of international security. We believe that by leveraging these strengths – seeking input from established and up-and-coming scholars, practitioners, and analysts from around the world on topics deserving of greater attention – we can promote genuinely unique ways of looking at the future of security. Each issue of the Review is centered around a broad theme – in this issue, we tackle “Money & War.” Money influences every aspect of warfare, conventional or unconventional. No nationstate military, insurgent group, terrorist network, trans-national criminal organization, or hybrid actor can be understood, or countered, without knowing where the money is coming from – as well as where, and how, it gets spent. Evolutions and revolutions in financial tools and practices quickly translate to transformations in military affairs, and some cases, vice versa.
  • Topic: Security, Foreign Policy, Economics, Human Rights, Governance, Sanctions, Military Affairs, Finance, Islamic State, Navy, Arab Spring, Maritime, Conflict, Multilateralism, Islamism, Drugs, Currency
  • Political Geography: Afghanistan, Africa, China, Iran, Sudan, Darfur, Middle East, Asia, North Korea, Mali, Asia-Pacific, Sahel, United States of America, North America
  • Author: Alex de Waal
  • Publication Date: 01-2015
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: As the Executive Director of the World Peace Foundation, Professor Alex de Waal is considered one of the foremost experts on Sudan and the Horn of Africa. His scholarly work and practice has also probed humanitarian crisis and response, human rights, HIV/AIDS and governance in Africa, and conflict and peace-building. In 1988, he received a D.Phil. in social anthropology at Nuffield College, Oxford for his thesis on the 1984-5 Darfur famine in Sudan. He was the first chairman of the Mines Advisory Group at the beginning of the International Campaign to Ban Landmines. He set up two independent human rights organizations, African Rights (1993) and Justice Africa (1999), focusing respectively on documenting human rights abuses and developing policies to respond to human rights crises, notably in Rwanda, Somalia and Sudan. From 1997 to 2001, he focused on avenues to peaceful resolution of the second Sudanese Civil War. In 2001, he returned to his work on health in Africa, writing on the intersection of HIV/AIDS, poverty and governance, and initiated the Commission on HIV/AIDS and Governance in Africa. During 2005-06, deWaal was seconded to the African Union mediation team for Darfur and from 2009-11 served as senior adviser to the African Union High-Level Implementation Panel for Sudan. He was on the list of Foreign Policy’s 100 most influential public intellectuals in 2008 and Atlantic Monthly’s 27 “brave thinkers” in 2009.
  • Topic: Economics, Human Rights, Politics, Humanitarian Intervention, Conflict
  • Political Geography: Africa, Sudan, Darfur, Ethiopia
  • Author: Jeffrey Smith
  • Publication Date: 09-2015
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: Jeffrey Smith is currently Program Officer at Robert F. Kennedy Human Rights where he manages the organization’s advocacy projects that focus on sub-Saharan Africa. He collaborates closely with grassroots civic activists and journalists across the continent—and the world—to highlight pressing human rights concerns to a wider audience. Mr. Smith’s research and advocacy has covered Zimbabwe, The Gambia, Swaziland, and Kenya, among others. He appears frequently in media outlets as an expert commentator on African affairs, including on CNN, MSNBC, Al Jazeera, NPR, BBC, and Voice of America. Mr. Smith is a graduate of the University of Connecticut, where he also received a master’s degree in international relations and was the university’s first recipient of its distinguished human rights graduate certificate.
  • Topic: International Relations, Civil Society, Human Rights, Interview
  • Political Geography: Kenya, Africa, Zimbabwe, Swaziland, Gambia
  • Author: Gerald Knaus
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: Journal of Democracy
  • Institution: National Endowment for Democracy
  • Abstract: The autocratic regime of President Ilham Aliyev in Azerbaijan has managed to steal the soul of Europe’s most important human rights institution, the Council of Europe. This article reveals Azerbaijan’s hidden agenda to neutralize the “naming and shaming” strategy of the international human-rights movement, build influence through “caviar diplomacy,” and unleash a wave of repression against human-rights defenders. For the Council of Europe, whose function is to defend the European Convention of Human Rights, to align itself with a regime jailing human-rights activists is unprecedented and deeply disturbing. As the space for human-rights organizations to operate is shrinking in many parts of the world today, the capture of the Council of Europe sends a warning to all supporters of human rights, and not only in Europe.
  • Topic: Diplomacy, Human Rights, United Nations, NGOs
  • Political Geography: Europe, Central Asia, Caucasus, Asia, Azerbaijan
  • Author: Heike Krieger
  • Publication Date: 08-2015
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: Immunities here have, on the one hand, been calls for the limitation or even the abolition of immunities, in particular based on the argument of a lack of responsibility for grave violations of human rights. Contrarily, opposed tendencies can be observed which raise ideas such as the extension of the scope of persons to be protected by immunities, resting upon the pluralization of actors in the globalized world. This article examines these two contradictory aspects of development of immunities in public international law and how they might interrelate with each other. It analyses how the simultaneous evolution and stagnation of immunities can be explained. For that purpose the contribution evaluates at first the current state of the legal development. Further, it takes a look at a certain stagnation of legal development and clarifies the structural parameters within public international law which have led to such a stagnation. In this context, it is critically dealt with the question, whether immunities meet the demands of a globalized world. Lastly, this article addresses the development regarding a denial of immunity in cases of grave human rights violations and asks how it could be more cautiously brought forward.
  • Topic: Globalization, Human Rights, Legal Theory
  • Political Geography: Global Focus
  • Author: Mark R. von Sternberg
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: Both geographic and normative constraints restrict access to surrogate international human rights protection for those seeking a haven from serious human rights abuses. Primary among territorial restrictions has been the fall-out from the US Supreme Court's decision in Sale v. Haitian Council Centers in which the court explicitly ruled that nothing in US statutory law, or in the 1951 Convention on Refugees or its 1967 Protocol, precluded the interdiction of Haitian refugees in international waters and their return to the country of origin without an effective interview on their protection clams. This ruling is in transparent contradiction to the general international law norm of non-refoulement according to modern scholarship and emerging case law. This paper concludes that Sale should be overturned by statute as should related pre-screening practices. A new standard of “jurisdiction” should be adopted which does not depend on territorial access to a signatory state but on whether the state is exercising power in fact. Similar concerns exist with respect to safe third country agreements which often offend the international customary right of the asylum seeker to choose where his or her claim will be filed. This paper argues that the right of choice should be recognized and onward travel and admission to the country of destination allowed. This result is especially called for where return of the alien by the country of first contact raises serious concerns under the law of non-refoulement. Imbalances noted in this paper include those generated by the new terrorism related grounds of inadmissibility in the United States and the summary denial of children's asylum claims flowing from gang violence. Other questions are raised in this paper concerning work authorization and detention of asylum seekers. Access to an employment authorization Journal on Migration and Human Security document for those filing colorable claims should be recognized by statute to render US practice consistent with that of most other states. Release from detention, on the other hand, for asylum seekers has now been broadly recognized by the US Department of Homeland Security where the asylum seeker's identity can be ascertained and the claim is non-frivolous in nature. This approach is largely consistent with international law, although there have been unnecessary delays in implementing it. On the substantive law, the international customary norm of non-refoulment has been expanded considerably through the development of opinio juris by scholars and the practice of states. This paper traces efforts in Europe to develop a law of temporary refuge for those fleeing civil war situations characterized by humanitarian law violations. Similarly, case law under the European Convention of Human Rights has now come to focus on the harm the claimant would suffer as the result of conditions in the country of origin without identifying an explicit agent of serious harm. Related to these developments has been the notion of complementary protection under which relief can be conferred where the alien would suffer serious harm upon return to the home state but not for a Convention reason. These approaches have now received approval in the European Union Asylum Qualification Directive so that international protection may now be conferred either because the alien would suffer serious harm on account of the intensity of human rights violations taking place in the country of origin, or those conditions, taken in conjunction with the claimant's personal situation, support a finding that the claimant would be impacted. This paper argues that this latter standard has now been made a part of the customary norm of non-refoulement and that it should be recognized by statute as a basis for non-return and coupled with status where the new standard can be met. Such a measure would help restore the nation's commitment to human rights and humanitarian concerns.
  • Topic: Human Rights, Humanitarian Aid, Terrorism
  • Political Geography: United States
  • Author: Azhar Rashid, Muhammad Arshad Watoo
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Globalization is a growing phenomenon in the contemporary times when man has become modern in its thinking, actions and evaluation. Growing awareness regarding human rights is not only bringing human into mainstream affairs being major stakeholders indirectly but also greater expectations. This reality of preservation of human rights has brought the issue into legislation to make it law as a written part of the constitution at national, regional and global level in almost all spheres. Consequently, assurance of human fundamental rights is ground reality and written part of all the constitutions of the world. Globalization has transformed the world into a global village where there are commonalities of the cultures, exchange of ideas and free economic approaches are struggling to bring consensus among the world society to protect and preserve the human rights against any violation. World has divided into two blocks global north and global south based on their economic and political capacities. Globalization phenomenon was started by global north so it augurs well for the advancement of their interests while South is less benefited because of having underdeveloped status and weaker rule of law, social, economic and political condition. There are disparities of resources between both the blocks that are why south is suffering and north is maintaining status quo. State like Pakistan being the part and parcel of global south is facing economic and political hurdles where there is no provision of basic human requirements like food, health, education, employment and socio-economic stability. Globalization is north-centered phenomenon and more beneficial for them as compare to south. Globalization has positives and negatives. On one side it is providing awareness about the human rights violations while on other side it seems unable to protect human rights violations. Human rights violation scale is growing in Pakistan where there is nationalistic economy that is anti-thesis of the globalization and free market economy of north. Moreover, weak socio-economic and political conditions in Pakistan causing deprivations and grievance are growing where a specific chunk of society is violating all norms and rules of human rights by using their economic power and social status. In comparison to internationalization of economies under the umbrella of globalization, limited weightage is given to Pakistani exports in international market as compare to exports that proves very costly with the emergence of issue balance of payment that causes severe economic implications on Pakistan economy where social and political sector already going downwards and lacking to provide basic needs of life and fundamental rights. Labor issues and forced labor menace is growing in Pakistan where there are less facilities and larger number of labor and phenomenon of brain drain is growing. Globalization is impacting Pakistan more in a negative way and less in positive way. In this phase of initial years of second decade of twenty first century, human rights violation has decreased due to constitutional protection, media campaigns, role of NGO’s but still long way to go ahead to curb the menace.
  • Topic: Development, Globalization, Human Rights, Labor Issues
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Özgür ÜŞENMEZ-Levent DUMAN
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: Alternative Politics
  • Institution: Department of International Relations, Abant Izzet Baysal University, Turkey
  • Abstract: As successive Turkish governments have attempted, AKP too is trying to solve the perennial Alevi problem as part of its broader agenda regarding the question of minorities. However, this paper argues that there are two fundamental obstacles facing Turkey's conservatives in reaching a meaningful solution. First, there is the ontological issue that AKP itself does not represent a radical break with the country's tumultuous past in terms of perception toward Alevis. Secondly, there is the ideological issue that the Sunni majority, who are at the core of AKP's concept of oppressed Muslims, are hardly sympathetic to Alevi rituals or omplaints. Decades long effects of Turkish-Islamic synthesis did not bode well for that effort also. So, any recognition of equal status on religious grounds for Alevis would create a backlash for the ruling party among its rural electorate.
  • Topic: Human Rights, Religion, United Nations, Secularism
  • Political Geography: Europe, Turkey, Asia, Ankara
  • Author: Christopher H. Foreman, Jr.
  • Publication Date: 02-2014
  • Content Type: Journal Article
  • Journal: Political Science Quarterly
  • Institution: Academy of Political Science
  • Abstract: I began exploring public health policy and politics 25 years ago in a world quite different from the one thoughtfully assessed in this analytically penetrating volume. Back then “health” uttered by a political scientist or economist nearly always meant “health care” construed as domestic public and private arrangements that delivered or financed the delivery of defined categories of services by doctors and hospitals. Questions of cost and access loomed large, as now, but primarily as concerns of individual national governments and with “public health” considered, if at all, as a decidedly secondary domain, especially in nations developed enough to have middle classes that took matters like immunizations and basic sanitation largely for granted. Analysts barely spoke of “global” anything, much less “global health,” and international relations had only recently begun to blossom beyond its traditional terrain of state‐centered security and diplomacy. As Colin McInnes and Kelley Lee recall, “Orthodox International Relations… created little space for the consideration of health issues. In particular, health appeared to International Relations scholars as a domestic concern largely unrelated to matters of international security”.
  • Topic: Health, Human Rights
  • Author: David Scheffer
  • Publication Date: 02-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: If the future of human rights is dependent on the capacity of the state to fulfill them, then one must focus on how the private sector interfaces with public values—an interface that directly affects how billions of people survive both economically and with dignity. During the last few years reports about multinational corporations shielding phenomenal profits from meaningful taxation have troubled governments and individual taxpayers alike. But there has been little effort to associate such tax avoidance schemes with corporate abdication of responsibility f or advancing critical societal goals. Instead, much of the ensuing debate has centered on how to tax corporate profits fairly and more efficiently. While the ideas being marketed in this area are enlightening, there has been less discussion about why corporate taxation is a worthy public goal or what corporations should do voluntarily. The linkage between corporate tax avoidance and “corporate social responsibility” (CSR) has not yet been clearly drawn, but the moment has arrived to bridge the gap. That task may necessitate changing, fundamentally, the ethical framework within which corporate officers, boards of directors, shareholders, tax advisers, and stakeholders in general operate.
  • Topic: Human Rights
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: This issue features essays by Roger Berkowitz on "Drones and the Question of 'The Human'" and Alan Sussman on the philosophical foundations of human rights; a special centennial roundtable on "The Future of Human Rights," featuring Beth A. Simmons, Philip Alston, James W. Nickel, Jack Donnelly, and Andrew Gilmour; a review essay by Jens Bartelson on empire and sovereignty; and book reviews by Dale Jamieson, Tom Bailey, and Simon Cotton.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Author: Alan Sussman
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: The title of this essay is rather ambitious and the space available is hardly sufficient to examine two words of almost limitless expanse—“human rights”—whether standing alone or in tandem. This requires that I begin with (and remained disciplined by) what a teacher of mine, Leo Strauss, called “low facts.” My low facts are these: We call ourselves humans because we have certain characteristics that define our nature. We are social and political animals, as Aristotle noted, and possess attributes not shared by other animals. The ancients noted this, of course, when they defined our principal behavioral and cognitive distinction from the rest of the natural world as the faculty of speech. The Greek word for this, logos, means much more than speech, as it connotes word and reason and, in the more common understanding, talking and writing, praising and criticizing, persuading and reading. While other animals communicate by making sounds of attraction or warning, leaving smells, and so on, none read newspapers, make speeches, publish their memoirs, or write poetry.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Author: Dale Jamieson
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: This is the inaugural volume in the Amnesty International Global Ethics Series, edited by Kwame Anthony Appiah. John Broome, the author of this volume, is a trained economist, distinguished philosopher, and a lead author of the 2014 Intergovernmental Panel on Climate Change report. He is very well suited to fulfill the mandate of the series, which is to "broaden the set of issues taken up by the human rights community." It is thus surprising that the book does not discuss human rights (or rights at all), nor locate itself in relation to much of the relevant literature. Nevertheless, this is an excellent book, displaying the author's characteristic virtues of clarity, concision, precision, and intellectual honesty.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Author: Tom Bailey
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: In Global Justice and Avant-Garde Political Agency , Lea Ypi proposes a novel approach to political theory in relation to the issue of global equality. She fiercely criticizes the tendency to abstract from the realities of political agency in "ideal" theorizing, since, she insists, such abstraction renders the conclusions drawn practically irrelevant and indeterminate. But she also refuses to treat current political practices and norms as given constraints in the manner of "nonideal" theorizing, on the grounds that the selection of relevant practices and norms is always morally loaded and their analysis inevitably conservative. Instead, Ypi proposes that theory begin with a specific political conflict, diagnose the failure of existing practices and norms to resolve it, and, in this light, develop better practices and norms. She calls this approach "dialectical" insofar as it considers political practices and norms to develop progressively in resolving emerging political problems, and "activist" or "avant-garde" in its responding and contributing to political change through appropriate political agents.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Author: Simon Cotton
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: We are all familiar with the claim that the rules of the World Trade Organization (WTO) are unjust or otherwise objectionable. Yet this claim faces substantial hurdles in motivating corrective action. Most significantly, wealthy states face political pressures against moderating their bargaining positions. But this is not the only problem. First, there remains the suspicion that these rules are not, in fact, objectionable, or that they are only mildly so—perhaps "bad" but not "unjust." After all, no country is forced to be subject to them; the WTO is a voluntary institution. Second, we still have to determine what rules would be just. Is it really the job of the WTO to compensate for inherent inequalities between countries? In this book, the first philosophical work devoted exclusively to "fair trade," Aaron James seeks to combat the second of these challenges directly. In doing so, he also combats the first.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Author: Roger Berkowitz
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: Domino's Pizza is testing "Domicopter" drones to deliver pizzas, which will compete with Taco Bell's "Tacocopter" drones. Not to be outdone, Amazon is working on an army of delivery drones that will cut out the postal service. In Denmark, farmers use drones to inspect fields for the appearance of harmful weeds, which reduces herbicide use as the drones directly apply pesticides only where it is needed. Environmentalists send drones into glacial caves or into deep waters, gathering data that would be too dangerous or expensive for human scientists to procure. Federal Express dreams of pilotless aerial and terrestrial drones that will transport goods more cheaply, reliably, and safely than vehicles operated by humans. Human rights activists deploy drones over conflict zones, intelligently searching for and documenting abuses for both rhetorical and legal purposes. Aid agencies send unmanned drones to villages deep in jungles or behind enemy lines, maneuvering hazardous terrain to bring food and supplies to endangered populations. Medical researchers are experimenting with injecting drone blood cells into humans that can mimic good cholesterol carriers or identify and neutralize cancerous cells. Parents in Vermont are using flying drones to accompany children to school, giving a whole new meaning to helicopter parenting. And Pilobolus, a New York dance company, has choreographed a dance in which drones and humans engage each other in the most human of acts: the creation of art.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Political Geography: Denmark
  • Author: Beth A. Simmons
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: The modern human rights movement is at a critical juncture in its history. It has been nearly seventy years since the creation of the Universal Declaration of Human Rights, and some of the oldest and most active human rights organizations have been operating around the world for about forty years. More than twenty years have passed since the end of the cold war, and the time when people spoke in triumphal terms of the global success of Western values is now a fading memory. International human rights are ensconced as firmly as ever in international law and institutions, but what about the future of the "human rights movement"?
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Author: Philip Alston
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: Too much of the debate about how respect for human rights can be advanced on a global basis currently revolves around crisis situations involving so-called mass atrocity crimes and the possibility of addressing abuse through the use of military force. This preoccupation, as understandable as it is, serves to mask much harder questions of how to deal with what might be termed silent and continuous atrocities, such as gross forms of gender or ethnic discrimination or systemic police violence, in ways that are achievable, effective, and sustainable. This more prosaic but ultimately more important quest is often left to, or perhaps expropriated by, international lawyers. Where the politician often finds solace in the deployment of military force, the international lawyer turns instinctively to the creation of a new mechanism of some sort. Those of modest inclination might opt for a committee or perhaps an inquiry procedure. The more ambitious, however, might advocate the establishment of a whole new court. And surely the most "visionary" of such proposals is one calling for the creation of a World Court of Human Rights. A version of this idea was put forward in the 1940s, but garnered no support. The idea has now been revived, in great detail, and with untrammeled ambition, under the auspices of an eminent group of international human rights law specialists.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Author: James W. Nickel
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: Like people born shortly after World War II, the international human rights movement recently had its sixty-fifth birthday. This could mean that retirement is at hand and that death will come in a few decades. After all, the formulations of human rights that activists, lawyers, and politicians use today mostly derive from the UN Universal Declaration of Human Rights, and the world in 1948 was very different from our world today: the cold war was about to break out, communism was a strong and optimistic political force in an expansionist phase, and Western Europe was still recovering from the war. The struggle against entrenched racism and sexism had only just begun, decolonization was in its early stages, and Asia was still poor (Japan was under military reconstruction, and Mao's heavy-handed revolution in China was still in the future). Labor unions were strong in the industrialized world, and the movement of women into work outside the home and farm was in its early stages. Farming was less technological and usually on a smaller scale, the environmental movement had not yet flowered, and human-caused climate change was present but unrecognized. Personal computers and social networking were decades away, and Earth's human population was well under three billion.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Political Geography: United States, Japan, China, Europe, Asia, United Nations
  • Author: Jack Donnelly
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: I am skeptical of our ability to predict, or even forecast, the future—of human rights or any other important social practice. Nonetheless, an understanding of the paths that have brought us to where we are today can facilitate thinking about the future. Thus, I approach the topic by examining the reshaping of international ideas and practices of state sovereignty and human rights since the end of World War II. I argue that in the initial decades after the war, international society constructed an absolutist conception of exclusive territorial jurisdiction that was fundamentally antagonistic to international human rights. At the same time, though, human rights were for the first time included among the fundamental norms of international society. And over the past two decades, dominant understandings of sovereignty have become less absolutist and more human rights–friendly, a trend that I suggest is likely to continue to develop, modestly, in the coming years.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Author: Andrew Gilmour
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: Ever since the Charter of the United Nations was signed in 1945, human rights have constituted one of its three pillars, along with peace and development. As noted in a dictum coined during the World Summit of 2005: "There can be no peace without development, no development without peace, and neither without respect for human rights." But while progress has been made in all three domains, it is with respect to human rights that the organization's performance has experienced some of its greatest shortcomings. Not coincidentally, the human rights pillar receives only a fraction of the resources enjoyed by the other two—a mere 3 percent of the general budget.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Political Geography: Europe, United Nations
  • Author: Jens Bartelson
  • Publication Date: 08-2014
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: Sovereignty apparently never ceases to attract scholarly attention. Long gone are the days when its meaning was uncontested and its essential attributes could be safely taken for granted by international theorists. During the past decades international relations scholars have increasingly emphasized the historical contingency of sovereignty and the mutability of its corresponding institutions and practices, yet these accounts have been limited to the changing meaning and function of sovereignty within the international system. This focus has served to reinforce some of the most persistent myths about the origin of sovereignty, and has obscured questions about the diffusion of sovereignty outside the European context.
  • Topic: Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, International Affairs
  • Political Geography: Europe
  • Author: Peter Hakim
  • Publication Date: 09-2014
  • Content Type: Journal Article
  • Institution: Chatham House
  • Abstract: US-Brazilian relations sunk to one of their lowest points ever following last year's exposure of the US government's massive surveillance of the South American giant-including the correspondence of President Rousseff and the business operations of Brazil's national oil company, Petrobras. Brazilian authorities responded angrily. The Brazilian president called off a highly valued state visit to Washington, denounced the US for violations of sovereignty and human rights, and proceeded to bypass the US to purchase nearly $5 billion worth of fighter aircraft from Sweden. In fact, US-Brazil ties have not been constructive for more than a generation. Yes, relations are mostly amiable, but with limited cooperation, considerable discord and some open clashes. Washington views Brazil primarily as a regional actor, and wants its cooperation mainly on inter-American issues. For Brazil, regional collaboration means working with other Latin American nations-not the United States. Brazil usually wants the US to keep a distance from the region. The US is no more enthusiastic about Brazil assuming a global role; differences over some of the world's most dangerous political and security challenges have made Washington uneasy about Brazil's engagement in international affairs and critical of its foreign policy judgements. Relations will probably improve, but they could get worse. The two governments need to acknowledge that their relationship is fragile and troubled, and take steps both to rebuild trust and to avert further deterioration and new confrontations. They have to be more careful with each other.
  • Topic: Government, Human Rights, Sovereignty
  • Political Geography: America, Washington, Brazil
  • Author: Berdal Aral
  • Publication Date: 02-2014
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: This paper examines the position of the United Nations Security Council (UNSC) during the Arab revolutions of 2010-2013. In the early 1990s, the UNSC devised the doctrine of 'humanitarian intervention' which was premised on the view that systematic and comprehensive human rights violations within a state could pose a “threat to international peace and security.” Nevertheless, the Security Council consistently failed to act during the course of Arab uprisings due to a number of structural and procedural problems, including the primacy of national interests, permanent members' disagreement about the meaning of 'collective security,' and the isolated nature of decision-making whereby the substance of major resolutions is negotiated behind closed doors.
  • Topic: Security, Human Rights, United Nations
  • Political Geography: Libya, Arabia
  • Author: Bertil Emrah Oder
  • Publication Date: 10-2014
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: This edited volume on European constitutionalism is a compendium of essays with different interpretations on the constitutional authority and nature of the European Union (EU). This issue has faced various challenges in the last decade not only by national courts and referenda, but also vis-à-vis other international and regional actors, such as United Nations (UN) and European Court of Human Rights (ECHR).
  • Topic: Human Rights, International Law, United Nations
  • Political Geography: Europe
  • Author: Haitham Saad Aloudah
  • Publication Date: 10-2014
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Sa researcher interested in Turkish foreign policy and domestic politics, I was very captivated with the book's title as it entails an analysis of the way in which the EU reforms have impacted Turkey's human rights record and development. However, this also raises questions, such as what were the sources of the democratization and human rights reforms? Has the EU been the main force behind such transformation? Or, are there other domestic factors that we need to take into account as well? Such analysis enables us to draw significant conclusions on the development of the role of the police and other government control and protection tools in a human rights' context and evaluate possible causes of such reforms.
  • Topic: Foreign Policy, Human Rights
  • Political Geography: Europe, Turkey
  • Author: Suna Gülfer Ihlamur-öner
  • Publication Date: 10-2014
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: The EU has been involved in democracy promotion in the Mediterranean for many years. However, it is facing criticism from its members and partners for prioritizing security and stability over democracy. Particularly following the Arab uprisings, the effectiveness of the EU's efforts have increasingly been called into question and demands for a new approach towards democratization in the Mediterranean are growing. Ann-Kristin Jonasson's book, The EU's Democracy Promotion and the Mediterranean Neighbors: Orientation, Ownership and Dialogue in Jordan and Turkey, systematically evaluates the EU's democratization efforts by focusing on democracy promotion in two Mediterranean countries, Jordan and Turkey, and effectively addresses the major pitfalls in the EU's strategy. Therefore, it is a timely contribution as the Arab revolutions have forced us to reconsider the prospects for democratization in the region.
  • Topic: Security, Democratization, Human Rights
  • Political Geography: Turkey, Arabia, Jordan
  • Author: Clifford Bob
  • Publication Date: 02-2014
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: In recent decades, there have been many international campaigns on numerous issues. In turn, scholars have analysed the activist networks promoting human rights, environmental quality and global justice, developing theories of transnational advocacy, strategies and outcomes. However, analysts have seldom noted that the 'progressive' networks on which these theories have been based seldom act unopposed. Instead, on numerous global issues leftwing groups face fierce opposition from networks of rightwing activists. This article provides examples of such clashes, focusing on these understudied conservative networks. In addition, it outlines a theory for understanding the conflict of networks over many policy issues. Keywords: activism, civil society, transnational advocacy, non-governmental organisations (NGOs), human rights
  • Topic: Environment, Government, Human Rights
  • Author: Matias Spektor
  • Publication Date: 03-2014
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Brazilian attitudes toward national sovereignty and non-intervention are in a state of flux. Leaders in Brasília are seeking to actively take part in the current global rethink about the future of humanitarian intervention, and are increasingly willing to deploy men in uniform to distant lands when the lives of civilians are at stake. The change is significant because Brazil has historically championed national sovereignty. Many in Washington DC and in European capitals, however, view this as problematic. The skeptics dismiss Brazil's newly professed commitment to humanitarian intervention as an effort to complicate the ability of the United States and its allies to intervene worldwide on behalf of democracy and human rights. As U.S. Ambassador to the United Nations Susan Rice said in reaction to the attitudes of Brazil and other developing countries to policy toward Libya, Sudan, Côte d'Ivoire, and Syria: “Let me just say, we've learned a lot and, frankly, not all of it encouraging.”
  • Topic: Human Rights, Humanitarian Aid, United Nations
  • Political Geography: Washington, Syria
  • Author: Michael Shifter
  • Publication Date: 03-2014
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: At first glance, perhaps the most notable feature of Plan Colombia has been its longevity. Given the current divisiveness in Washington, the bipartisan support it has received across three administrations now seems remarkable. After 12 years, the plan is gradually winding down, but the U.S. allocated more than $300 million under the program in 2012 alone. Although the Plan has evolved considerably since it was approved by the U.S. Congress in July 2000, it has become shorthand for wide-ranging U.S. cooperation with Colombia to assist that country in combating drugs, guerrilla violence, and related institutional and social problems. All told, the U.S. has spent nearly $8 billion on the initiative—more than anywhere outside of the Middle East, and Iraq and Afghanistan since the end of the Cold War. Although the effort gave priority to counter-narcotics operations—and specifically the eradication of coca in southern Colombia—from the outset it also encompassed assistance for the judiciary and economic development.
  • Topic: Foreign Policy, Cold War, Development, Government, Human Rights
  • Political Geography: United States, Iraq, Washington, Middle East
  • Author: Luis Cubeddu, Camilo Tovar, Evridiki Tsounta
  • Publication Date: 03-2014
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Since 2003, mortgage credit in Latin America has expanded at an annual rate of 14 percent (adjusted for inflation)—well above rates observed in emerging Asia but below the exorbitant rates seen in emerging Europe before its housing bust. The region's credit expansion has been accompanied by burgeoning real estate prices and construction activity—now representing more than 6 percent of GDP, higher than in emerging Asia or Europe. Mortgage growth has been particularly strong in Brazil, where the five-fold increase in mortgage credit since 2007 has been accompanied by a near tripling of house prices in the main metropolitan areas.
  • Topic: Human Rights
  • Political Geography: Brazil, Latin America
  • Publication Date: 04-2014
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Arts Innovator: Andrea Baranenko, Venezuela Latin America is moving forward, but Venezuela is moving in the opposite direction,” says Andrea Baranenko, a 28-year-old Venezuelan filmmaker whose recent documentary, Yo Indocumentada (I, Undocumented), exposes the struggles of transgender people in her native country. The film, Baranenko's first feature-length production, tells the story of three Venezuelan women fighting for their right to have an identity. Tamara Adrián, 58, is a lawyer; Desirée Pérez, 46, is a hairdresser; and Victoria González, 27, has been a visual arts student since 2009. These women share more than their nationality: they all carry IDs with masculine names that don't correspond to their actual identities. They're transgender women, who long ago assumed their gender and now defend it in a homophobic and transphobic society.
  • Topic: Government, Human Rights, Reform
  • Political Geography: America, Venezuela, Guatemala
  • Author: Tanya K. Hernandez
  • Publication Date: 04-2014
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: The Americas present many contrasting approaches to affirmative action. In the United States, the Supreme Court reaffirmed its constitutionality, while at the same time narrowing the ability to use race in the Fisher v. Texas case. In contrast, several Latin American countries are beginning to explore more dynamic affirmative action policies. While many of these policies are recent and still developing, the new Latin American interest in affirmative action programs indicates how useful such programs can be in pursuing racial justice. In fact, Latin America has in some ways gone much further in broadly embracing affirmative action as a human right-a key, perhaps, to the growing support for the concept.
  • Topic: Human Rights
  • Political Geography: United States, Germany, Latin America
  • Publication Date: 04-2014
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Business Innovator: Felipe Arango, Colombia The Chocó region in western Colombia is one of the most mineral-rich places in the hemisphere. It is also ecologically rich, boasting species of flora thought to be unique to Chocó. But due to years of commercial gold and platinum mining that have leached mercury and cyanide into local rivers, the Chocó region has also become one of the most threatened natural areas in the world. Felipe Arango has been working to change that. Arango, 34, is CEO of Oro Verde—an NGO based in Medellín, Colombia, that empowers local miners to use more ecologically friendly artisanal mining techniques. Founded in 2003, the organization purchases gold produced by certified artisanal miners, many of them Afro-Colombian, and sells it to socially conscious jewelers around the world. Oro Verde takes a 2 percent cut to fund its operations and administration, and contributes its profits and reinvested premiums to the protection of 11,120 acres (4,500 hectares) of tropical rainforest. Oro Verde's gold certification process, meanwhile, has influenced the development of a global “fair-trade, fair-mined” gold certification process.
  • Topic: Economics, Government, Human Rights
  • Political Geography: New York, Colombia
  • Author: Santiago A. Canton
  • Publication Date: 04-2014
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: The Inter-American System enshrined the right to freedom of thought and expression in Article 13 of the American Convention on Human Rights and Article IV of the American Declaration of the Rights and Duties of Man. In 1998, to further protect this right, the Inter-American Commission on Human Rights (IACHR or the Commission) established the Office of the Special Rapporteur for Freedom of Expression. I served as the first head of the office.
  • Topic: Human Rights
  • Political Geography: America
  • Author: Paloma Muñoz Quick
  • Publication Date: 04-2014
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: While numerous United Nations mechanisms have addressed the impact of business activities on Indigenous rights, it was only in 2011—with the UN Human Rights Council's unanimous endorsement of the UN Guiding Principles on Business and Human Rights—that the role of businesses in respecting, or abusing, these rights was officially acknowledged.
  • Topic: Human Rights
  • Political Geography: United Nations
  • Author: Paloma Muñoz Quick
  • Publication Date: 03-2014
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: While numerous United Nations mechanisms have addressed the impact of business activities on Indigenous rights, it was only in 2011—with the UN Human Rights Council's unanimous endorsement of the UN Guiding Principles on Business and Human Rights—that the role of businesses in respecting, or abusing, these rights was officially acknowledged.
  • Topic: Human Rights
  • Political Geography: United Nations
  • Author: Susan Gzesh
  • Publication Date: 01-2014
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: International human rights are "inalienable, indivisible, and universal." One cannot bargain away one's rights ("inalienable"); human rights are a whole with economic rights and civil rights being inter-dependent ("indivisible"); and human rights do not depend on citizenship or membership in a nation state ("universal"). A human being does not lose his or her human rights by crossing a border. However in state regulation of the entrance and stay of temporary migrant workers, the ideal of universal human rights clashes with the prerogatives of sovereignty and power.
  • Topic: Human Rights, Immigration
  • Political Geography: United States
  • Author: Susan Ginsburg
  • Publication Date: 01-2014
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: The 1948 Universal Declaration of Human Rights affirmed in Article 13 that "[e]veryone has the right to leave any country, including his own, and to return to his country." In response to the Soviet Union's and China's prohibitive controls over the travel of their citizens, Article 13 recognized the right of individual citizens to take trips to other countries willing to receive them, knowing that they may return home at the end of their foreign stays.
  • Topic: Globalization, Human Rights
  • Political Geography: United States, China
  • Publication Date: 09-2013
  • Content Type: Journal Article
  • Journal: World Policy Journal
  • Institution: World Policy Institute
  • Abstract: G4S is the world's largest private military and security company, and the third-largerst private employer, trailing only Walmart and FoxConn. Over the last two decades, the industry has boomed as governments increasingly outsource core security and military tasks to private firms. The British company has received widespread condemnation from international humanitarian and labor groups for its recurrent negligence and record of human rights abuse. Through aggressive lobbying and a "revolving door" strategy of recruiting high profile politicians to fill advisory or board positions, G4S has entrenched itself in government, as well as boardrooms, as the go-to company for any military or security task.
  • Topic: Human Rights
  • Author: Jiun Bang, David C. Kang
  • Publication Date: 10-2013
  • Content Type: Journal Article
  • Journal: Comparative Connections
  • Institution: Center for Strategic and International Studies
  • Abstract: South Korea-Japan relations have been frozen for some time and despite the summer heat, no thaw appears likely anytime soon. Although economic interactions continue to deepen between the two countries, and although there is a clear desire – and even a need – to coordinate policies toward North Korea and China, the two countries appear more focused on other issues as their main foreign policy priorities in the short-term. The two recently elected leaders have yet to meet for a summit, a sign that even a symbolic attempt to repair relations is proving difficult. Japanese Prime Minister Abe has grown stronger with a rousing Liberal Democratic Party victory in Upper House elections, yet a number of rhetorical controversies kept attention focused on Abe's foreign policy, particularly toward Korea and China. To date not much has changed and there is little evidence that either Seoul or Tokyo desires improved relations.
  • Topic: Human Rights, War
  • Political Geography: Japan, America, South Korea
  • Author: Ian Brown
  • Publication Date: 03-2013
  • Content Type: Journal Article
  • Journal: Georgetown Journal of International Affairs
  • Institution: Georgetown Journal of International Affairs
  • Abstract: The Global Online Freedom Act is one of the most comprehensive legislative attempts to protect online human rights. However, some civil society groups are concerned that certain controls could block the availability of tools useful for human rights activists in affected countries.
  • Topic: Human Rights
  • Author: Mathew Davies
  • Publication Date: 11-2013
  • Content Type: Journal Article
  • Journal: Georgetown Journal of International Affairs
  • Institution: Georgetown Journal of International Affairs
  • Abstract: The ASEAN Human Rights Declaration (AHRD) has been welcomed as the most impressive commitment to protecting human rights within ASEAN ever created. At the same time, others have criticized it as fatally flawed, creating no meaningful regional oversight of human rights. In this article I argue that this range of reactions is explicable by understanding the Declaration as embodying what I term the “ASEAN synthesis” between progressive and traditionalist positions held by member states. Since 1997 the progressives have lobbied for substantial reform of ASEAN, including a commitment to human rights. The traditionalists, while not opposed to reform, envisage a traditional approach to regional affairs that prioritizes member-state security through commitments to sovereign equality and non-intervention. The ASEAN synthesis reconciles these two agendas by legitimizing the discussion of human rights within the regional framework while also reinforcing the principle of non-intervention, seriously curtailing the ability of regional institutions and declarations to engage in proactive rights protection. The argument unfolds in three parts. The discussion first identifies the members and interests of the progressive and traditionalist camps, placing them in the context of ASEAN's evolution since 1967 and with particular attention to the 1997 Financial Crisis as the trigger for their emergence. The second section examines the evolution of ASEAN from 1997-2012 and argues that this process can be understood as representing the synthesis of the progressive interest in human rights as aims and the traditionalist focus on orthodox practices. The final section examines the AHRD itself to reveal the influence of both interest groups
  • Topic: Human Rights, Financial Crisis
  • Author: Mauricio Mering, Jaime Hernandez Colorado
  • Publication Date: 11-2013
  • Content Type: Journal Article
  • Journal: Georgetown Journal of International Affairs
  • Institution: Georgetown Journal of International Affairs
  • Abstract: On 4 January 2013, in the Mexican state of Guerrero, armed men calling themselves the “Ayutla de Los Libres Community Police Force” took self-defense into their own hands, sensing the inability of their government security forces to crack down on the violence of organized crime. In a total of nine states, the press has since documented additional community self-defense groups that have risen in response to the insecurity in Mexico, subsequently posing a challenge to the new government. This article examines the formation of community self-defense groups in light of the failures of the security policy implemented during the Felipe Calderón administration. This security policy resulted in the fragmentation of organized crime cartels and an increase in violence triggered by the diversification of criminal activities, leaving a trail of death, corruption, and human rights violations. The rise of these self-defense groups lends credit to the idea that vigilantes themselves can serve as an antidote to insecurity, particularly in rural communities. Across Mexico, groups seeking justice by their own hands have experienced widespread legitimacy, as exemplified by Javier Sicilia, who led the Movement for Peace with Justice and Dignity and demanded justice for the victims of Calderón's security policy; and Isabel Miranda, who became a Mexico City government PAN candidate in the 2012 elections after singlehandedly seeking and delivering her son's kidnappers to the authorities. These are just two cases of civilians who were victimized by organized crime and who therefore had to use every means necessary to mobilize society, highlighting the ineffective Mexican police force and the nation's judicial system. The leitmotif of urban social movements seeking for justice is not the same as that of the community police – but both are seeking justice and security because official security agencies have failed. Community self-defense groups are security corps composed by citizens working in their specific regions according to traditional rules and often recovering indigenous customs. These groups base their efforts upon civil society participation, solidarity, and other values that survive in rural Mexico, such as family relations, friendship, and social trust among the inhabitants of a town or region. It is important to state that these values as the basis of self-defense groups remain because members of these groups are members of the community too. The expansion of community groups is both old and new – these groups integrate romantic notions of justice with the more modern conception that society must participate in the fight against organized crime. These two opposing dimensions are harmonized in the wake of an ineffective security policy, forcing society to reach beyond public protest so as to organize community police groups…
  • Topic: Corruption, Human Rights
  • Political Geography: Mexico
  • Author: Daniela Huber
  • Publication Date: 11-2013
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The momentous changes in the Middle East and North Africa have brought the issue of human rights and democracy promotion back to the forefront of international politics. The new engagement in the region of both the US and the EU can be scrutinised along three dimensions: targets, instruments and content. In terms of target sectors, the US and EU are seeking to work more with civil society. As for instruments, they have mainly boosted democracy assistance and political conditionality, that is utilitarian, bilateral instruments of human rights and democracy promotion, rather than identitive, multilateral instruments. The content of human rights and democracy promotion has not been revised.
  • Topic: Human Rights
  • Political Geography: United States, Europe, Middle East, North Africa
  • Author: David S. Maxwell
  • Publication Date: 11-2013
  • Content Type: Journal Article
  • Journal: International Journal of Korean Studies
  • Institution: International Council on Korean Studies
  • Abstract: This article argues that to deal with North Korean provocations, the Alliance must take a holistic strategic approach to the entire North Korean problem. As long as the Kim family regime continues a strategic approach focused on regime survival, reunification of the peninsula under its control, attaining recognition as a nuclear power and trying to remove US forces from the peninsula, it will continue to use provocations as part of its strategy while oppressing its people and conducting illicit activities around the world. The Alliance has taken a piecemeal or stovepipe approach to the complex problems posed by North Korea with various organizations and senior officials responsible for a specific portfolio with no apparent effective synchronization among them. All activities of the Alliance must be focused on achieving an overall end state that is in concert with the 2009 Joint Vision Statement emphasizing peaceful reunification and ultimately answering the so called "Korea Question" that the 1953 Armistice said must be answered. By synchronizing ways and means toward this end, the Alliance can effectively deal with provocations while working to shape the conditions necessary for reunification. However, it must be understood that the foundation for the Alliance strategy rests upon readiness of the combined military forces.
  • Topic: Human Rights, Military Strategy
  • Political Geography: Korea
  • Author: James I. Matray
  • Publication Date: 11-2013
  • Content Type: Journal Article
  • Journal: International Journal of Korean Studies
  • Institution: International Council on Korean Studies
  • Abstract: This article describes the events surrounding the Second North Korean nuclear crisis that began in October 2002. It focuses attention particularly on identifying the reasons President George W. Bush decided to abandon the Agreed Framework of October 1994, as well as questioning the validity of his claim that Pyongyang's development of a Highly Enriched Uranium (HEU) program justified the initiation of this confrontation. The article begins with a description of the factors that explain the Bush administration's adoption of "Hawk Engagement" as a strategy to achieve regime change in North Korea. It then covers the ongoing efforts to end the crisis, tracing negotiations at the Six-Party Talks beginning in August 2003 in Beijing. The article presents evidence to substantiate the judgment that Bush's hardline advisors were responsible for implementing a militant and aggressive policy that, rather than toppling Kim Jong Il's government, strained relations with South Korea, elevated the status of China in East Asia, and forced North Korea to expand its nuclear weapons program as an act of self-defense.
  • Topic: Human Rights, International Affairs
  • Political Geography: Iraq, Korea
  • Author: Christopher Sabatini
  • Publication Date: 05-2013
  • Content Type: Journal Article
  • Journal: Journal of International Affairs
  • Institution: School of International and Public Affairs, Columbia University
  • Abstract: For decades, the standard framework for describing and understanding U.S.-Latin American relations has been the overwhelming hegemonic power of the “colossus of the north.” Now, though, with the rise of regional powers like Brazil, the importance of new emerging economies like China, and the diversity of political and economic models in the region, policymakers and observers are beginning to discuss the decline of U.S. power in the region. Whether real or perceived, the effects of waning U.S. influence are already shaping countries' calculations in their domestic and foreign policies and the formation of multilateral alliances. What are the implications of the perceived decline of U.S. hegemony for Latin America? This article explores the possible facets of the decline of U.S. influence in the region. It will start by examining whether, indeed, the United States' ability to shape outcomes or impose its preferences in the region has diminished or shifted in how it must conduct diplomacy. Second, it will examine the possible outcomes of diminished influence. Finally, this article will consider the times when there have been a convergence of values and interest between the United States and governments in the region, and the likely effect that diminished U.S. power will have on areas of common interest: democracy, human rights, and the peaceful resolution of intra-regional conflicts.
  • Topic: Human Rights
  • Political Geography: United States, Brazil, Latin America
  • 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, Law