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212. The Worlds of European Constitutionalism, Gráinne de Búrca and J.H.H. Weile
- 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, and United Nations
- Political Geography:
- Europe
213. Institutional Change in Turkey The Impact of European Union Reforms on Human Rights and Policing, Leila Piran
- 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 and Human Rights
- Political Geography:
- Europe and Turkey
214. The EU's Democracy Promotion and the Mediterranean Neighbors Orientation, Ownership and Dialogue in Jordan and Turkey, Ann-Kristin Jonasson
- 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, and Human Rights
- Political Geography:
- Turkey, Arabia, and Jordan
215. The future of US–Brazil relations: confrontation, cooperation or detachment?
- 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, and Sovereignty
- Political Geography:
- America, Washington, and Brazil
216. 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
217. 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
218. Domestic Implementation of European Court of Human Rights Judgments: Legal Infrastructure and Government Effectiveness Matter: A Reply to Dia Anagnostou and Alina Mungiu-Pippidi
- Author:
- Erik Voeten
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This article responds to the valuable contribution by Dia Anagnostou and Alina Mungiu- Pippidi in which they analyse how nine countries implemented European Court of Human Rights judgments that found violations of Articles 8–11 of the European Convention on Human Rights. Their conclusion that capacity plays an important role in the implementation of ECtHR judgments is certainly correct. In this short response, I highlight various aspects of the authors' analysis where they make problematic choices with regard to data and statistical methods. First, I describe and use a more comprehensive dataset that allows us to reach more generalizable conclusions. Secondly, I show how survival analysis is a more appropriate framework than logit or linear regression for analysing these data. Thirdly, I argue that the difficulty of the implementation task needs to be accounted for in any analysis of cross-country variation in implementation. My re-analysis shows that low capacity countries attract judgments that are more difficult to implement. The analysis also uncovers a subtle relationship between time, institutional capacity, and checks and balances. High capacity helps willing politicians to implement judgments quickly. Yet, among judgments that have been pending longer, countries with higher capacity are no quicker to implement than lower capacity countries. By contrast, checks and balances initially slow down implementation but help to eventually ensure begrudging implementation.
- Topic:
- Human Rights
- Political Geography:
- Europe
219. UN Immunity or Impunity? A Human Rights Based Challenge
- Author:
- Rosa Freedman
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- National courts have long understood the UN to have absolute immunity from their jurisdiction, based upon provisions in the UN Charter and the Convention on Privileges and Immunities of the UN. While state immunity has evolved over recent decades, allowing restrictive immunity that distinguishes between acts jure imperii and those jure gestionis, questions have arisen as to whether that doctrine applies to international organizations and, specifically, the UN. The counterbalance to the UN's absolute immunity is the requirement that it provide alternative mechanisms for resolving disputes. This raises concerns about accountability and internal review. Case law from various courts demonstrates an increasing willingness to attempt to challenge absolute immunity on the basis that the bar to jurisdiction violates claimants' rights to access a court and to a remedy. In all of those cases, individuals' ability to access alternative mechanisms for dispute resolution has been used to show that their rights have been realized. Recent events concerning the 2010 cholera outbreak in Haiti may lead to a challenge to the UN's absolute immunity. The UN has deemed those claims to be 'not receivable', which denies the claimants their rights to access a court and to a remedy. In October 2013, lawyers for the Haiti cholera victims filed a class action in the Southern District of New York, seeking to challenge the UN's immunity by bringing the Organization before a national court. This article explores whether the events in Haiti may provide the first successful, human rights-based challenge to the UN's absolute immunity.
- Topic:
- Human Rights
- Political Geography:
- New York
220. Business Responsibility to Respect Indigenous Rights
- 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