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1. Fall 2020 edition of Strategic Visions

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, and Empire
Political Geography:
United States, France, Latin America, and Global Focus

2. The Power of Ideas That Won the Cold War is Still Needed

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, and Journalism
Political Geography:
Afghanistan, Russia, United States, Europe, Iran, Soviet Union, West Africa, Syria, and Senegal

3. Exploring Undocumented Students' Understandings of the Role of Higher Education during the Trump Era

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, and Higher Education
Political Geography:
United States and California

4. The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions

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, and Humanitarian Crisis
Political Geography:
Africa, United States, Europe, France, South Africa, Germany, Australia, Mexico, and Global Focus

5. Stephen Allen. The Chagos Islanders and International Law

Author:
Peter H. Sand
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
The tale of the Chagos Archipelago (British Indian Ocean Territory, BIOT) raises a wide spectrum of transnational legal questions, all across the fields of human rights, environment and disarmament. Last-born of the Empire’s colonies, the BIOT was established – and systematically depopulated – for the sole purpose of accommodating a strategic US military base during the Cold War years in 1965–1966. The territory has since generated extensive litigation in the national courts of the United Kingdom (UK) and the USA as well as proceedings in the European Court of Human Rights and an arbitration under Annex VII of the Convention on the Law of the Sea (UNCLOS). Stephen Allen, senior lecturer at the University of London’s Queen Mary College, has long followed and commented on legal developments in the Chagos cases as an observer. The focus of his attention remains the plight of the native Chagossians, a small Kreol-speaking people of African and Malgasy origin, whose exile (mainly to Mauritius, the Seychelles and the UK) has lasted for more than 40 years.
Topic:
Environment, Human Rights, Imperialism, International Law, History, Courts, Disarmament, and Displacement
Political Geography:
Britain, United States, Europe, and Chagos Islands

6. Sleepwalking Again: The End of the Pax Americana 1914–2014; After Gaza 2014: Schabas; Peer Review Redux; In this Issue

Publication Date:
02-2015
Content Type:
Journal Article
Abstract:
I think it is difficult to contest that the most important state player in world affairs over the last one hundred years – and consistently so over this period – has been the United States of America. World War I – into which, to borrow from Christopher Clark's justly celebrated book, we 'sleepwalked' – marks a useful starting point. It is not only the fairly important role America played in bringing WWI to an end that signals the beginning of this era, but also the no less important role it played in shaping the aftermath. Wilson's 14 points were considered at the time 'idealistic' by some of the yet-to-be 'Old Powers'. But by dismantling the Ottoman Empire through the principle of self-determination (not at that time a universal legally binding norm) it was an early swallow to the demise, a mere generation later, of all other colonial empires and the truly decisive reshaping of the balance of power in the post-WWII world. The US played an equally cardinal role in ideating and realizing the United Nations Organization and the Universal Declaration of Human Rights – two lynchpins of our current world order.
Topic:
Human Rights and War
Political Geography:
United States, America, and Gaza

7. Reconfiguring the Law of Non-Refoulement: Procedural and Substantive Barriers for Those Seeking to Access Surrogate International Human Rights Protection

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, and Terrorism
Political Geography:
United States

8. The European Convention on Human Rights, the EU and the UK: Confronting a Heresy

Author:
Andrew Williams
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
The orthodox view of the ECHR and its Court as regime in the context of both the EU and UK has been that it has considerable value albeit with systemic flaws. The purpose of this article is to challenge this orthodoxy. Four inter-related submissions are made: that the ECHR has failed human rights conceptually (1); 'good' or lauded decisions of the ECtHR cannot remedy or sufficiently counter-balance this conceptual failure (2); 'bad' decisions further expose and exacerbate the failure (3); the procedural problems of the ECHR regime may contribute to the underlying failure of concept but their resolution cannot solve it (4). These submissions are to provoke a more intense assessment of value and how such value could be enhanced. It may be too late to see any influence on the accession process but this does not reduce the relevance of the critique for the future of human rights in both the EU and the UK. Ultimately an approach to the ECHR system needs to determine whether it continues to be lauded or its influence resisted (thus seeking reform or replacement - the alternative candidates being the EU Charter and/or a national Bill of Rights) and retained only as an iconic scheme of moral importance.
Topic:
Human Rights
Political Geography:
United States and Europe

9. Plan Colombia: A Retrospective

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, and Human Rights
Political Geography:
United States, Iraq, Washington, and Middle East

10. Affirmative Action in the Americas

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, and Latin America

11. The Price of Rights: Regulating International Labor Migration

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 and Immigration
Political Geography:
United States

12. Mrs. Shipley's Ghost: The Right to Travel and Terrorist Watchlists

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 and Human Rights
Political Geography:
United States and China

13. What Future for Human Rights?

Author:
James W. Nickel
Publication Date:
08-2014
Content Type:
Journal Article
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, and International Affairs
Political Geography:
United States, Japan, China, Europe, Asia, and United Nations

14. The Rise of Latin America: Will Latin America Miss U.S. Hegemony?

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, and Latin America

15. War by Contract: Human Rights, Humanitarian Law and Private Contractors

Author:
Rein Müllerson
Publication Date:
11-2013
Content Type:
Journal Article
Abstract:
Although the sub-title of the book indicates that the authors are not going to deal with all the legal issues arising in the context of a 'privatization' of warfare, the book, and not only the first chapter by Eugenio Cusumano on the policy prospects of regulating private military and security companies (PMSCs), throws its net wider than the title suggests. And rightly so. The privatization of warfare is a consequence and an element of the post-Cold War triumph of capitalism, and especially its neo-liberal advocates' tendency to privatize and deregulate all and everything. It is not by chance that PMSCs have mushroomed in the heartland of neoliberalism – the USA – faithfully followed by its Anglo-Saxon brethren on this side of the Atlantic. As the book specifies, in 2009 there were approximately 119,706 Department of Defense contractors in Iraq, compared with about 134,571 uniformed personnel. The authors accept the privatization of various functions of the state, including its 'monopoly of violence', to be almost inevitable. Nevertheless, they call for stronger and tighter regulation of the status and functions of PMSCs and control over their activities. They also show that though often new norms may be needed, in many cases existing laws, and their stricter and sometimes more creative application, may serve the purpose. The book concludes that 'many private military and security companies are operating in a “gray zone”, which is not defined at all, or at the very least not clearly defined, by international legal norms'.
Topic:
Human Rights and War
Political Geography:
United States and Iraq

16. US and EU Human Rights and Democracy Promotion since the Arab Spring. Rethinking its Content, Targets and Instruments

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, and North Africa

17. An Interview with Maria Otero

Publication Date:
12-2013
Content Type:
Journal Article
Journal:
PRISM
Institution:
Institute for National Strategic Studies (INSS), National Defense University
Abstract:
As the senior State Department executive responsible for civilian security and human rights, what are the biggest challenges you face? Otero:we face a variety of challenges. Some are external to the State Department, while some are internal. Before I describe some of these, though, let me put them in context. essentially, part of Secretary Clinton's vision for 21st century statecraft consists of bringing together all of the bureaus in the State Department that in one way or another address the question of civilian security, or how we help governments and other elements of a democratic society strengthen institutions and legal frameworks that ultimately protect citizens from a range of modern threats. this includes bureaus that address the hard security issues of counterterrorism and war crimes, to those that handle what are considered soft security issues: human rights, democracy, rule of law, and humanitarian assistance. If we look at the Department as a whole, there are five bureaus and three offices that in some way respond to civilian security. these eight bureaus and offices handle a total of about 4.5 billion dollars in resources, and manage hundreds of employees around the world.
Topic:
Human Rights and Humanitarian Aid
Political Geography:
United States

18. American Democracy Promotion In The Arabian Gulf

Author:
Muhammad Azam and Sagheer Ahmad Khan
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
Alternatives: Turkish Journal of International Relations
Institution:
Center for International Conflict Resolution at Yalova University
Abstract:
Advanced democracies, including the United States, have been championing democratic promotion around the world. In the past, American policy towards the Arab Middle East, however, had been mainly based on just paying lip-service to democracy sans concrete measures for promoting a democratic culture in the region. The events of 9/11 marked a watershed in the history of US foreign policy towards the region. Facing calls for a democratic Arab World from home and abroad in the wake of 9/11 the US government raised the ante for pushing democracy in the Arab Middle East. The rhetoric and emphasis laid on 'democracy in the Arab World' by the American leadership over the years after 9/11 was unprecedented. This study deals with the visible shift in US foreign policy vis-à-vis democracy in the region, focusing on the six GCC states, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. In addition to American approach and strategy, practical measures taken in the areas of politics, economy, education, media, civil society, and human rights is also furnished. An effort is made to understand and highlight the methods and tools employed by the foreign democracy promoters, both at the levels of state and society. However, a large part of the study appertains to the activities conducted at the grass-roots level. The study is comparative in its nature, based on empirical analysis.
Topic:
Civil Society and Human Rights
Political Geography:
United States, America, Middle East, Kuwait, Arabia, Saudi Arabia, Bahrain, Qatar, and Oman

19. At the Intersection of Domestic Acts and Globalization: The Case of Irregular Migrants15

Author:
Federico Daniel Burlon
Publication Date:
03-2011
Content Type:
Journal Article
Journal:
Macalester International
Institution:
Macalester College
Abstract:
Sixty-five percent of the Netherlands is below sea level: ten thousand miles of dykes, gates, and dams hold back the sea. As the water besieges the land, some politicians and scholars claim that immigrants are doing the same to the country. On the other side of the Atlantic, immigration to the United States also has been compared to a tide that must be contained. The fears surrounding immigration have been one of the focal points raised by former United Nations Secretary-General Kofi Annan and by his successor, Ban Ki-moon. As a result of the dramatic increase of migration flows and the large number of irregular migrants worldwide, immigration has moved from low to high politics. Fuelled by a mentality that sees domestic security as threatened, the salience of irregular immigration is grounded in parallels drawn between the control of illegal immigration and the control of crime. According to Adam Crawford, the conflation of illegal immigration with crime has led Western governments to rule through the politics of fear of crime and insecurity. The impact of these policies on irregular immigrants illustrates what John Tomlinson calls the reflexive nature of globalization. An insightful avenue to take in order to explore globalization is the study of human mobility. Globalization has placed immigrants at the nexus of the increase in migration due to lower transportation costs, the development of the international human rights regime, and the enactment of increasingly restrictive immigration policies by developed countries. The interplay between these processes crystallizes in detention centers, and renders immigrants vulnerable to human rights violations. Studying globalization from a comparative perspective, this essay analyzes the impact of the International Human Rights Regime (IHRR) on American and Dutch immigration detention policies. In the last decades, detention has become the established way of dealing with irregular migrants. It lamentably obscures various essential examples of alternative legislation.
Topic:
Globalization, Human Rights, and United Nations
Political Geography:
United States, America, and Netherlands

20. US-Southeast Asia Relations: Dismay at Thai-Cambodian Skirmishes

Author:
Sheldon W. Simon
Publication Date:
04-2011
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
Both the US and ASEAN expressed dismay at border skirmishes between Thailand and Cambodia around the Preah Vihear temple and two other ancient temples about 160 km to the west. Artillery exchanges and small arms fire call into question the two countries' commitment to the ASEAN rule of the peaceful settlement of disputes among its members. Washington has promised to aid Philippine maritime capabilities to patrol both its South China and Sulu Seas' territorial waters as part of a larger US goal of keeping Asian sea lanes open. New ships and radar installations as well as navy and coast guard training are being provided by the US. In Indonesia, the US embassy inaugurated a new public diplomacy program, @america, an interactive information technology site designed to demonstrate the breadth of American life to Indonesia's tech-savvy young people. Wikileaks releases of US embassy cables published in the Australian press critical of President Yudhoyono caused some tension between Jakarta and Washington. As the current ASEAN chair, Indonesia seemed to follow Secretary of State Clinton's call for an ASEAN role in resolving the South China Sea islands dispute. US relations with Vietnam and Cambodia continue to be strained over human rights concerns. While ASEAN has called for the lifting of economic sanctions on Burma since its recent national election and the release of Aung San Suu Kyi from house arrest, Washington seems in no hurry to follow suit, labeling the election as fatally flawed and noting that political prisoners remain in jail. Finally, the US promised high-level participation in ASEAN-led regional organizations, including the ARF, the ADMM+, APEC, and the EAS.
Topic:
Security and Human Rights
Political Geography:
United States, Washington, Indonesia, Vietnam, Philippines, Cambodia, Thailand, and South China

21. Documents and Source Material: United States

Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
D1. Human Rights Watch, "Separate and Unequal: Israel's Discriminatory Treatment of Palestinians in the Occupied Palestinian Territories," Summary Section, New York, 19 December 2010 (excerpts).D2. U.S. AMB. to the un Susan Rice, Explanation of the U.S. Vote on the Unsc Resolution on Condemning Continuing Israeli Settlements, New York, 18 February 2011.
Topic:
Human Rights
Political Geography:
United States, New York, Israel, and Palestine

22. Is the OAS Irrelevant?

Author:
Anthony DePalma
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
No abstract is available.
Topic:
Human Rights
Political Geography:
United States, America, and Brazil

23. The Goldstone Report without Goldstone

Author:
Richard Falk
Publication Date:
08-2011
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
The Goldstone Report: The Legacy of the Landmark Investigation of the Gaza Conflict, edited by Adam Horowitz, Lizzy Ratner, and Philip Weiss. New York: Nation Books, 2011. vii + 426 pages. Index to p. 449. $18.95 paper FINALLY, the reading public has been provided with an edited text that makes possible a comprehensive understanding of the Goldstone Report (GR)—the investigation commissioned by the United Nations Human Rights Council (UNHRC) into war crimes allegations arising from the Gaza war (2008–09)— and the controversy that followed its release. Given the near certainty that no further official action will result from the report, without such a book the GR could well be removed to the vast graveyard of excellent UN reports prepared at great expense and effort, but which rarely see the light of day unless one is prepared to embark on a digital journey of frustration and discovery to track down the text and its necessary context online. Yet the GR, however discredited thanks to the tireless efforts of Israel and the United States, is a milestone in a number of ways, not least because its authoritative demonstration of the lawlessness of Israel's behavior in these attacks helps us understand why, at this stage of the conflict, the Palestinian struggle needs to rely on non-violent soft power coercion, as by way of the Boycott, Divestment, and Sanctions. The present volume, edited by Adam Horowitz, Lizzy Ratner, and Philip Weiss, offers not only substantial excerpts of the main body of the report, but also eleven solicited essays by expert commentators holding a range of views as well as an illuminating timeline of relevant events. All in all, the editors of The Goldstone Report have made an exemplary contribution to the ideal of an informed citizenship so crucial to the responsible functioning of a democratic society.
Topic:
Human Rights and United Nations
Political Geography:
United States, New York, Israel, Palestine, and Gaza

24. "The Practice of Global Citizenship"

Author:
Mark Gibney
Publication Date:
12-2011
Content Type:
Journal Article
Abstract:
Human rights are (universally) declared to be universal, yet we continue to live in a world where it is seemingly quite natural to limit human rights obligations to a state's own territorial borders. No doubt, many will accuse me of overstating matters when I say that territorial constraints constitute the single greatest impediment to the protection of human rights. What the territorial approach has done is to perpetuate a world of haves and have-nots among states, in which human rights protection is in large part dependent on the accident of birth. By rejecting the universality of duties, we have made a mockery of the universality of human rights.
Topic:
Human Rights and Humanitarian Aid
Political Geography:
United States

25. "Global Justice and Due Process"

Author:
Eric Posner
Publication Date:
12-2011
Content Type:
Journal Article
Abstract:
In his latest book, Larry May argues that two rights—the right to habeas corpus and to non-refoulement—should be incorporated into international law as jus cogens norms. Habeas corpus, which is recognized in the United Kingdom, the United States, and a few other countries with U.K.-derived legal systems, is a legal procedure in which a prisoner can appear in court and challenge the basis of his detention. Non-refoulement is the principle that states should not deport aliens who are unlawfully on their soil if the aliens will be persecuted or abused in the state to which they will be returned. There is currently no right to habeas corpus in international law; most states have agreed to recognize limited rights of non-refoulement. Jus cogens norms are norms of international law that bind states even if they reject them, in contrast to ordinary international legal norms, which require states' consent. Torture, slavery, genocide, and aggressive war are generally thought to be on the list of jus cogens prohibitions, and it is to this group that May wants to add the failure to offer habeas corpus and the deportation of aliens to states where they are likely to be abused.
Topic:
Human Rights
Political Geography:
United States and United Kingdom

26. Revival of the Civic Spirit: Contradictions in Somali-American Citizenship

Author:
Louise Dickson
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
Bildhaan: An International Journal of Somali Studies
Institution:
Macalester College
Abstract:
Throughout history, the notion of citizenship has been full of contradictions. Both as a method of inclusion and exclusion, of privilege and second-class status, citizenship is a cornerstone of one's individual, national, and global identity. Some optimistic scholars have noted an entrance into a “post-national” phase of global citizenship; however, this vision cannot be realized while human rights are being violated. To be sure, citizenship has become a much more universal concept since its inception and has been facilitated by ideas of cosmopolitanism. Yet it has not transcended national boundaries into the global sphere. This claim can be supported by almost any national immigration case study. Whether in South Africa, Norway, or France, immigrant refugees fleeing persecution are rarely granted full human rights in terms of citizenship. The United States is in the midst of a third major wave of immigration: from 1990 to 2008 almost one million new arrivals landed here each year. Since the eruption of civil war in Somalia in 1991, many Somalis have sought refuge in the United States—a symbol of political, religious, and social freedom—and have followed chain migration patterns scattered across the country, with one of the largest populations settling in the Twin Cities area. However, the “Somali Capital of the United States” does not provide asylum or immunity from the international contradictions in citizenship and human rights, which will be an underlying theme throughout the essay.
Topic:
Human Rights
Political Geography:
United States, Norway, France, South Africa, and Somalia

27. Human Rights, Democracy and Development

Author:
Maria Otero
Publication Date:
09-2010
Content Type:
Journal Article
Institution:
Council of American Ambassadors
Abstract:
Since taking office nearly a year ago as Under Secretary for Democracy and Global Affairs (“G”), I have worked to support the Administration's effort to advance democracy and development, including strengthening institutions that encourage the type of civil society necessary for human rights and democracy to flourish. As the United States looks ahead to 2011, we will continue to build on a policy that supports democratic development of civil society and integrates development into our human rights and democracy agenda.
Topic:
Civil Society, Development, and Human Rights
Political Geography:
United States

28. United States-Argentina: Two Hundred Years of Shared History

Author:
Vilma S. Martinez
Publication Date:
09-2010
Content Type:
Journal Article
Institution:
Council of American Ambassadors
Abstract:
Argentina's commemoration this year of the bicentennial of its path to independence provides a perfect opportunity to reflect on the evolution of the relationship between our two countries, and, to focus on ways that we can strengthen the bonds between our peoples and to deepen our strategic partnership. As Secretary Clinton recently noted, “Argentina and the United States have a long history of close cooperation. Our shared commitment to the values of democracy and human rights serve as a common ground in advancing the bilateral relationship between our two nations.”
Topic:
Human Rights and Bilateral Relations
Political Geography:
United States and Argentina

29. The United States and the UN's Targeted Sanctions of Suspected Terrorists: What Role for Human Rights?

Author:
Yvonne Terlingen
Publication Date:
06-2010
Content Type:
Journal Article
Abstract:
The UN Security Council's approach to counterterrorism, which the United States has greatly shaped, has generally shown a marked human rights deficit. The process for seizing the assets of and imposing travel bans on suspected terrorists and their financiers must be reformed.
Topic:
Human Rights
Political Geography:
United States

30. US-Korea Relations

Author:
Victor D. Cha and Ross Matzkin-Bridger
Publication Date:
01-2010
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
The final quarter of 2009 included a number of significant developments in US-Korea ties. President Barack Obama made his first trip to Seoul in November, and Special Envoy for North Korea Policy Stephen Bosworth traveled to Pyongyang in December. The summit between Presidents Obama and Lee Myung-bak marked the continuation of an historical high in relations between the two countries. On issues affecting the alliance, Obama and Lee found common ground on North Korea, while they inched forward with the Korea-US free trade agreement. Meanwhile, Bosworth's three days of talks with North Korean officials brought the most encouraging signs of a return to the six-party process since talks broke down at the end of 2008. The Obama administration is faring well on the Korean Peninsula, even as relations with other major powers of the region become more complicated. Those accompanying Obama on his trip to Asia informally acknowledged that Korea was the “best stop” on the trip and sensed a personal connection between the two leaders.
Topic:
Human Rights
Political Geography:
United States, Asia, and Korea

31. US-Southeast Asia Relations

Author:
Sheldon W. Simon
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
The United States significantly raised its political profile in Southeast Asia this quarter, inserting itself in South China Sea disputes, announcing its plan to join the East Asia Summit, convening the second US-ASEAN summit, and creating an ambitious agenda for participation in a variety of Southeast Asia programs. On the South China Sea issue, Secretary of State Clinton proposed multilateral discussions under ASEAN auspices – an idea that did not appear, however, in the ASEAN-US summit communiqué in late September. The US inaugurated naval exercises with Vietnam in early August, coinciding with the visit of the aircraft carrier USS George Washington. Washington is considering new financial sanctions against Burma, recognizing that more engagement with the military regime has not yielded the expected results. The presence of US military trainers in the southern Philippines continues to rile leftist and nationalist legislators. As a sign of growing warmth in US-Malaysian relations, Kuala Lumpur is sending a small contingent of medical personnel to Afghanistan. The Indonesian-US Comprehensive Partnership was launched in Washington in September, signifying Jakarta‟s special importance to the US. Washington also restored military-to-military relations with Kopassus, the Indonesian Special Forces unit that has been accused of egregious human rights violations in Timor, Papua, and Aceh.
Topic:
International Relations and Human Rights
Political Geography:
Afghanistan, United States, Washington, Indonesia, Southeast Asia, and Kuala Lumpur

32. Empty Promises? Obama's Hesitant Embrace of Human Rights

Author:
Kenneth Roth
Publication Date:
03-2010
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
After eight years of the Bush administration, with its torture of suspected terrorists and disregard for international law, Barack Obama's victory in the November 2008 U.S. presidential election seemed a breath of fresh air to human rights activists. Obama took office at a moment when the world desperately needed renewed U.S. leadership. In his inaugural address, Obama immediately signaled that, unlike Bush, he would reject as false "the choice between our safety and our ideals." Obama faces the challenge of restoring the United States' credibility at a time when repressive governments -- emboldened by the increasing influence of authoritarian powers such as China and Russia -- seek to undermine the enforcement of international human rights standards. As he put it when accepting the Nobel Peace Prize, the United States cannot "insist that others follow the rules of the road if we refuse to follow them ourselves." His Nobel speech in Oslo also affirmed the U.S. government's respect for the Geneva Conventions. "Even as we confront a vicious adversary that abides by no rules," Obama argued, "I believe the United States of America must remain a standard bearer in the conduct of war. That is what makes us different from those whom we fight. That is a source of our strength." When it comes to promoting human rights at home and abroad, there has undoubtedly been a marked improvement in presidential rhetoric. However, the translation of those words into deeds remains incomplete. AN INCOMPLETE REVERSAL Obama moved rapidly to reverse the most abusive aspects of the Bush administration's approach to fighting terrorism. Two days after taking office, he insisted that all U.S. interrogators, including those from the CIA, abide by the stringent standards adopted by the U.S. military in the wake of the Abu Ghraib debacle. He also ordered the shuttering of all secret CIA detention facilities, where many suspects "disappeared" and were tortured between 2001 and 2008. Finally, he promised to close the detention center at Guantánamo Bay, Cuba, within a year.
Topic:
Human Rights and International Law
Political Geography:
Russia, United States, and China

33. Why a League of Democracies Will Not Work

Author:
Stephen Schlesinger
Publication Date:
03-2009
Content Type:
Journal Article
Abstract:
The proposal for a league of democracies is fraught with a number of fundamental flaws. In fact, much of what these democracy strategists are seeking can be obtained within the existing universal security institution, the UN.
Topic:
Human Rights and United Nations
Political Geography:
United States

34. U.S.-Southeast Asia Relations

Author:
Sheldon W. Simon
Publication Date:
10-2009
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
Despite the renewed incarceration of Burma's Nobel laureate Aung San Suu Kyi after a July “show trial” as well as renewed economic sanctions against the military junta, in late September Washington announced a change in its Burma policy, agreeing to reengage members of the regime. The opening to Burma is an acknowledgement that the decades-long isolation policy has failed to change Burma's politics and that China's influence has increased significantly. Defense Secretary Robert Gates announced an extension of the deployment of U.S. Special Forces in Mindanao to continue assisting the Philippine armed forces' suppression of the radical Islamist Abu Sayyaf. Gates also announced an expansion of U.S. aid in Mindanao for humanitarian and disaster response, climate change, drug trafficking, and maritime security. While expressing shock and offering condolences to Indonesia in the wake of the July terrorist bombings of two hotels in Jakarta, Washington praised the Indonesian police in mid-September for tracking down and killing the perpetrator of the attacks, notorious Jemmah Islamiyah leader, Mohammad Noordin Top. USAID is organizing a new program to assist civic social organizations in the troubled Thai south to promote governance and human rights. All of these activities indicate that, as Secretary of State Clinton exclaimed in Bangkok: “The United States is back!”
Topic:
Security and Human Rights
Political Geography:
United States, China, and Southeast Asia

35. Dusk or Dawn for the Human Rights Movement?

Author:
Sarah E. Mendelson
Publication Date:
04-2009
Content Type:
Journal Article
Journal:
The Washington Quarterly
Institution:
Center for Strategic and International Studies
Abstract:
About a month before the 60th anniversary of the Universal Declaration of Human Rights (UDHR), the United States elected its first African-American president, Barack Obama. This historic event, a fitting milestone, brings to life that declaration, which human rights activists and legal scholars regard as the sacred text. Obama's election fulfills a dream of the U.S. civil rights movement, a struggle that relied as much on the UDHR as on the courage of the men and women who for decades fought to make the United States a ''more perfect union.'' For human rights defenders around the world, its significance cannot be overstated.
Topic:
Human Rights
Political Geography:
Africa, United States, and America

36. Piracy, Law of the Sea, and Use of Force: Developments off the Coast of Somalia

Author:
Tullio Treves
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
Attacks against ships off the coast of Somalia have brought piracy to the forefront of international attention, including that of the Security Council. SC Resolution 1816 of 2008 and others broaden the scope of the existing narrow international law rules on piracy, especially authorizing certain states to enter the Somali territorial waters in a manner consistent with action permitted on the high seas. SC resolutions are framed very cautiously and, in particular, note that they 'shall not be considered as establishing customary law'. They are adopted on the basis of the Somali Transitional Government's (TFG) authorization. Although such authorization seems unnecessary for resolutions adopted under Chapter VII, there are various reasons for this, among which to avoid discussions concerning the width of the Somali territorial sea. Seizing states are reluctant to exercise the powers on captured pirates granted by UNCLOS and SC resolutions. Their main concern is the human rights of the captured individuals. Agreements with Kenya by the USA, the UK, and the EC seek to ensure respect for the human rights of these individuals surrendered to Kenya for prosecution. Action against pirates in many cases involves the use of force. Practice shows that the navies involved limit such use to self-defence. Use of force against pirates off the coast of Somalia seems authorized as an exception to the exclusive rights of the flag state, with the limitation that it be reasonable and necessary and that the human rights of the persons involved are safeguarded.
Topic:
Security, Development, Government, and Human Rights
Political Geography:
Kenya, United States, United Kingdom, and Somalia

37. The Competence of the UN Human Rights Council and its Special Procedures in relation to Armed Conflicts: Extrajudicial Executions in the 'War on Terror'

Author:
Philip Alston, Jason Morgan-Foster, and William Abresch
Publication Date:
02-2008
Content Type:
Journal Article
Abstract:
Since 2003, as part of its 'war on terror', the United States has taken the position that the UN Commission on Human Rights and its successor, the UN Human Rights Council, as well as the system of 'special procedures' reporting to both bodies, all lack the competence to examine abuses committed in the context of armed conflicts. The article examines the arguments put forward by the US in the specific context of the work of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions. The authors conclude that the consistent practice of the human rights organs for almost 25 years, often supported and until 2003 never opposed by the US, runs counter to the current US position. Acceptance of the US position would not only undermine efforts to hold the US accountable but would also have a major impact on the international system of accountability as a whole.
Topic:
Human Rights and United Nations
Political Geography:
United States

38. North Korea-South Korea Relations

Author:
Aidan Foster-Career
Publication Date:
10-2008
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
Relations between the two Koreas, having already worsened from April when North Korea took umbrage with South Korea's new president, Lee Myung-bak, deteriorated further during the third quarter. This may have been inevitable. In a break from the “sunshine” policy pursued over the past decade by his two liberal predecessors, Kim Dae-jung (1988-2003) and Roh Moo-hyun (2003-08), Lee had signaled that henceforth expanded inter-Korean cooperation would depend on progress in denuclearization under the Six-Party Talks (6PT). Not only did this linkage displease Pyongyang in principle, but the current 6PT stalemate and North Korea's proclaimed restoration of facilities at its Yongbyon nuclear site, have made inter-Korean progress difficult given the Lee administration's conditionalities. And yet, and yet. By early July, his popularity plunging barely four months into his five-year term (after the U.S. beef import protests and a series of gaffes), the president formerly known as “bulldozer” was ready to try a different tack. On July 11 he told the new National Assembly – elected in April, but only now convening due to inter-party wrangles – that “full dialogue between the two Koreas must resume.” He also renewed his offer of humanitarian aid.
Topic:
Human Rights
Political Geography:
United States, South Korea, and North Korea

39. EU Operations and Private Military Contractors: Issues of Corporate and Institutional Responsibility

Author:
Nigel D. White and Sorcha MacLeod
Publication Date:
11-2008
Content Type:
Journal Article
Abstract:
The European Union has developed its security competence since 1992, thus putting pressure on its Member States to provide troops for the increasing number of EU peace operations being deployed to different areas of the globe. But with national militaries being rationalized and contracted the EU will inevitably follow the lead of the US, the UK, and the UN and start to use Private Military Contractors to undertake some of the functions of peace operations. This article explores the consequences of this trend from the perspective of the accountability and responsibility of both the corporation and the institution when the employees of PMCs commit violations of human rights law and, if applicable, international humanitarian law.
Topic:
Human Rights and Humanitarian Aid
Political Geography:
United States, United Kingdom, and Europe

40. Immunity for Torture: Lessons from Bouzari v. Iran

Author:
Noah Benjamin Novogrodsky
Publication Date:
11-2007
Content Type:
Journal Article
Abstract:
This article assesses the implications of the Canadian case of Bouzari v. Islamic Republic of Iran in which sovereign immunity barred recovery against a foreign state for acts of torture. Part 2 describes the case and the courts' rejection of arguments centred on the hierarchy of jus cogens norms, implied waiver and common law principles. Part 3 evaluates parallel developments in the United States and demonstrates the commonalities and differences associated with efforts to overcome immunity in the two countries. Part 4 examines potential amendments to Canada's State Immunity Act with a view to balancing considerations of comity with a just and workable means of holding states accountable for grave human rights abuses.
Topic:
Human Rights
Political Geography:
United States, Iran, and Canada

41. "I'm just talking about the law": Guantánamo and the Lawyers

Author:
Marten Zwanenburg
Publication Date:
01-2007
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
“Because the legal advice was we could do what we wanted to them there”. This is how a top-level Pentagon official, in David Rose's Guantánamo: The War on Human Rights, explains why detainees held by the United States have been detained at Guantanamo Bay. It is just one illustration of the important role that lawyers have played in the “War on Terror”—a role, along with factors that have or that may have influenced it, that forms the topic of this essay.
Topic:
Government, Human Rights, and Torture
Political Geography:
United States