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681. The Application of Justice and Home Affairs and the position of Minorities: The case of Hungary

Author:
Judit Tóth
Publication Date:
03-2002
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
When one considers the substance of European Union (EU) official documents in a simplified way, national and ethnical minorities may appear in three contexts. The first belongs to external relations (common foreign and security policy), which cover minorities as a matter of human rights in third countries. These documents call upon the (third) countries concerned to respect human rights and international and European standards on minorities' rights that are also endorsed by the EU. In this regard, the legislation being developed in view of a common European migration policy contains provisions about the respect of minority rights in order to prevent further migration waves.
Topic:
Government, Human Rights, and International Organization
Political Geography:
Europe and Hungary

682. The Schengen Challenge and its Balkan Dimensions

Author:
Péter Kovács
Publication Date:
03-2002
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
The subject of this paper is undoubtedly of paramount importance for a number of Central and East European countries. The image of a “Schengen Fortress” in statu nascendi is disappointing even for those who are enthusiastic about the accession of their countries to a unified Europe. There is a widespread fear – rational or not – that cross-border human contacts and travel possibilities from East to West will become more difficult than they were in the years following the fall of the Berlin Wall. The same feeling can be detected even in the Balkans, where certain countries also show symptoms of the “Schengen Fortress”.
Topic:
Government, Human Rights, and International Organization
Political Geography:
Europe and Balkans

683. Russia's engagement with Justice and Home Affairs: A Question of Mutual Trust

Author:
Olga Potemkina
Publication Date:
03-2002
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
Does Russia need international cooperation? This question may seem rhetorical, to which one would give a positive response, but the findings of a public opinion survey conducted by the independent Russian research organisation ROMIR clearly suggest otherwise. In April 2001, a total of 1,500 Russians were polled in 160 locations in 94 villages, towns and cities, in 40 regions, territories and republics of the Russian Federation. The questions asked concerned several key aspects of EU-Russian relations and the need for increased cooperation with international organisations.
Topic:
Government, Human Rights, and International Organization
Political Geography:
Russia and Europe

684. Russia and the EU: The Kaliningrad Dilemma

Author:
Yuri Borko
Publication Date:
03-2002
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
Strictly speaking, there are two groups of problems related to this topic. Firstly, there are some particular issues arising from the enlargement process; namely the movement of goods and people between Kaliningrad and the rest of Russia, including visa regime, energy supply of the region, trans-border cooperation and fisheries. To solve these problems or not to solve them is like Hamlet's dilemma “to be or not to be”. These problems have to be solved by the Union and Russia, with the participation, at least jointly, of Poland and Lithuania.
Topic:
Government, Human Rights, and International Organization
Political Geography:
Russia, Europe, Poland, and Lithuania

685. Border Countries in an Enlarging Union: Some Reflections based on the Italian Experience

Author:
Ferruccio Pastore
Publication Date:
03-2002
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In order to understand the Italian perspective – or rather the Italian perspectives – on the shift eastward of EU external borders, it is useful, if not necessary, to anticipate briefly a few schematic concepts about the meaning of borders in Italian history. This will enable us to achieve a better understanding of current Italian attitudes in the European debate on border management issues in the framework of the enlargement process. But a rapid overview on the recent transformation of the nature and function of borders in the Italian case will also allow us to draw some tentative lessons for the ongoing enlargement process in the field of Justice and Home Affairs.
Topic:
Government, Human Rights, and International Organization
Political Geography:
Europe and Italy

686. Basel II: The Remaining Issues

Author:
Moritz Meier-Ewert
Publication Date:
03-2002
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In January 2001, the Basel Committee for Banking Supervision (BCBS) presented its latest proposals for a revised Capital Adequacy Accord. The aim of this revision is to address some of the perceived shortcomings of the 1988 Accord, which is currently being applied. These new proposals include a number of important improvements, but unfortunately there is a serious risk that in some areas they are overshooting their target. As a result they could have adverse consequences not only for the structure of the banking industry, but also for developing countries and for systemic stability. Indeed, if implemented in its current form, the Accord could lead to a serious round of consolidation in the banking sector resulting in the domination of the market by a handful of internationally active banks, widen the amplitudes of business cycles as well as increase the frequency of financial crisis through enhanced procyclicality, and effectively cut off a number of developing country borrowers from bank-finance.
Topic:
Government, Human Rights, and International Organization
Political Geography:
Europe

687. The Convention on the Future of the EU

Author:
Eric Philippart
Publication Date:
02-2002
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In December 2000, the Heads of State or Government reckoned that once the institutional changes proposed in the Treaty of Nice were ratified, the Union would be ready for the accession of new member states. Acknowledging that the post-Nice design was certainly not optimal, they also agreed in a Declaration annexed to the Treaty to convene an Intergovernmental Conference (IGC) in 2004. It stipulated that Treaty changes would only be decided after two intermediary phases aimed at deepening and widening the debate on the future of the European Union: an 'open reflection' phase encouraging wide-ranging exchanges of views in multiple national and European fora, to be followed by a phase of 'structured reflection' scheduled for 2002-3. The format of the second phase was to be defined during the European Council bringing the Belgian Presidency to a close. On 15 December 2001, the Laeken 'Declaration on the Future of the European Union' was indeed adopted. No less than 56 substantive questions were proposed as a starting point for the debate to be conducted by an ad hoc structure made of a Convention flanked by a Forum. The Declaration not only defined the mandate and the institutional contours of the new structure, it also provided a number of indications on how it should proceed in terms of deliberation, drafting and decision-making.
Topic:
Government, Human Rights, and International Organization
Political Geography:
Europe

688. Infringement of the European Convention on Human Rights by Belgium

Author:
Joanna Apap
Publication Date:
02-2002
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
The judgment in the case of Conka v. Belgium of 5 February 2002 by the European Court of Human Rights in Strasbourg whereby Belgium was founded guilty of infringing the European Convention on Human Rights, has much wider implications than one might think on a first reading.
Topic:
Government, Human Rights, and International Organization
Political Geography:
Europe and Belgium

689. The Assignment of Tasks in an Evolving European Union

Author:
Guido Tabellini
Publication Date:
01-2002
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
How should tasks be divided between the EU and its member states? And what institutional reforms are needed to insure that these tasks (but only these tasks) are efficiently performed by the EU? This is the main problem to be addressed at the upcoming European Convention. This paper argues that EU tasks in the first pillar should not be expanded further, though some changes in the direction of both more and less intervention are desirable. The single market remains to be better enforced, and this might require further centralization of tasks. On the other hand, EU meddling with redistribution should be scaled back; this would imply reforming and reducing EU intervention in agricultural policy, structural funds and the social charter. In other words, EU intervention in the first pillar should mainly aim at making sure that the single market works as effectively as possible, and at fostering competition between EU member states. Redistribution should remain a national prerogative. EU tasks should instead be expanded outside of the first pillar, namely in foreign and defense policies, in internal security and immigration. The paper ends with a discussion of what institutional reforms might be needed to accompany this allocation of tasks and increase accountability of EU decisions. Appropriate reforms should keep in mind the distinction between "bureaucratic accountability" (i.e. the control of appointed bureaucrats with a narrowly defined mission) and "democratic accountability" (i.e., the control of elected politicians with an open mandate). The former type of accountability is the most relevant in Europe today, given the lack of a true and complete European polity, and this has relevant implications for task allocation and institutional reforms.
Topic:
Government, Human Rights, and International Organization
Political Geography:
Europe

690. The Looming Japanese Crisis

Author:
Adam S. Posen
Publication Date:
05-2002
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
After more than a decade of economic stagnation and minimal structural change, Japan stands on the brink of outright financial crisis—the only debate is whether the Japanese government can dodge its imminent economic threats for another six months at most, or ride the wave of global expansion to throw still more money at these problems with decreasing effectiveness until the public debt becomes unsustainable (which should be no later than 2005). Either way, volatility in Japanese asset markets will be extremely high for the next 36 months, with significant declines on average in asset prices and the yen.
Topic:
Economics, Government, and International Trade and Finance
Political Geography:
Japan, Israel, and East Asia

691. Support the Ex-Im Bank: It Has Work to Do!

Author:
Gary Clyde Hufbauer and Ben Goodrich
Publication Date:
05-2002
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
The US Export-Import (Ex-Im) Bank is again at the center of controversy, as Congress debates the terms for its charter renewal. This policy brief critiques provisions of the House and Senate versions of the reauthorization bill and summarizes three justifications for Congress giving adequate support to the Ex-Im Bank. Box 1 provides a capsule description of the Ex-Im Bank's operations.
Topic:
Economics, Government, and International Trade and Finance
Political Geography:
United States

692. Sovereign Debt Restructuring: New Articles, New Contracts – or No Change?

Author:
Marcus Miller
Publication Date:
04-2002
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
It was at the National Economists' Club in November 2001 that Anne Krueger, first deputy managing director of the International Monetary Fund, threw down the gauntlet. “There is,” she said, “a gaping hole [in the international financial architecture] – we lack incentives to help countries with unsustainable debts resolve them promptly and in an orderly way. At present the only available mechanism requires the international community to bail out the private creditors. It is high time this hole was filled.”
Topic:
Economics, Government, and International Trade and Finance

693. Access to Land and Land Policy Reforms

Author:
Alaine de Janvry and Elisabeth Sadoulet
Publication Date:
04-2001
Content Type:
Policy Brief
Institution:
United Nations University
Abstract:
Who should have access to land? What is the optimum definition of property rights and use rights in each particular context? Is government intervention justified to influence who has access to land and under what conditions? These questions remain, in most developing countries, highly contentious. It is indeed the case that land is all too often misallocated among potential users and worked under conditions of property or user rights that create perverse incentives. As a consequence, investments to enhance productivity are postponed, and responses to market incentives are weakened; many poor rural households are unable to gain sufficient (or any) access to land when this could be their best option out of poverty; land remains under-used and often idle side-by-side with unsatisfied demands for access to land; land is frequently abused by current users, jeopardizing sustainability; and violence over land rights and land use is all too frequent. With population growth and increasing market integration for the products of the land, these problems tend to become more acute rather than the reverse. As a result, rising pressures to correct these situations have led many countries to reopen the question of access to land and land policy reforms. While large scale expropriative and redistributive land reforms are generally no longer compatible with current political realities, there exist many alternative forms of property and use rights that offer policy instruments to alter the conditions of access to land and land use. A rich agenda of land policy interventions thus exists to alter who has access to land and under what conditions for the purposes of increasing efficiency, reducing poverty, enhancing sustainability, and achieving political stability.Historically, the most glamorous path of access to land has been through statemanaged coercive land reform. In most situations, however, this is not the dominant way land was accessed by current users and, in the future, this will increasingly be the case. Most of the land in use has been accessed through private transfers, community membership, direct appropriation, and market transactions. There are also new types of state-managed programmes of access to land that do not rely on coercion. For governments and development agents (NGOs, bi-lateral and international development agencies), the rapid decline in opportunities to access land through coercive land reform should thus not be seen as the end of the role of the state and development agents in promoting and altering access to land. The following paths of access to land in formal or informal, and in collective or individualized ownership can, in particular, be explored (Figure 1): (1) Intra-family transfers such as inheritances, inter-vivo transfers, and allocation of plots to specific family members; (2) access through community membership and informal land markets; (3) access through land sales markets; and (4) access through specific non-coercive policy interventions such colonization schemes, decollectivization and devolution, and land market-assisted land reform. Access to land in use can also be achieved through land rental markets (informal loans, land rental contracts) originating in any of these forms of land ownership. Each of these paths of access to land has, in turn, implications for the way land is used. Each can also be the object of policy interventions to alter these implications of land use. The focus of this policy brief is to explore each of these paths and analyse how to enhance their roles in helping increase efficiency, reduce poverty, increase equality, enhance sustainability, and achieve political stability.
Topic:
Demographics, Economics, and Government
Political Geography:
United States

694. Japan's Uneasy Citizens and the U.S.-Japan Alliance

Author:
Sheila A. Smith
Publication Date:
09-2001
Content Type:
Policy Brief
Institution:
East-West Center
Abstract:
Since the end of the Cold War, U.S. and Japanese policy-makers have successfully reaffirmed the U.S.-Japan security alliance. Yet, even as they have done so, a series of events has revealed a deeper ambivalence in Japan about the terms of the alliance. These events began with the 1995 rape of a school girl in Okinawa by U.S. servicemen, focusing attention on the social costs to residents of hosting U.S. forces. In 1999 came North Korea's launch of a missile over Japan, raising doubts among many Japanese about their alliance partner's ability to protect them. Most recently, the outcome of the 2001 sinking of the Ehime Maru training ship by a U.S. nuclear sub seemed to many to sacrifice Japanese citizens' interests to those of the U.S. military. Taken independently, these developments may seem temporary set-backs to policymakers, but together they suggest that there is increasing impatience among Japan's citizens with the way the alliance is managed. This disconnect between the public and policymakers could, if untended, have serious implications for the U.S.-Japan alliance.
Topic:
Security, Cold War, and Government
Political Geography:
United States, Japan, Asia, and North Korea

695. Failure of Perception and Self-Deception: Israel's Quest for Peace in the Context of Related Historical Cases

Author:
Joel S. Fishman
Publication Date:
03-2001
Content Type:
Policy Brief
Institution:
Jerusalem Center for Public Affairs
Abstract:
An examination of the historical record reveals many examples of failures of perception, and of leaders and governments refusing to integrate compelling information of existential importance. Taking account of new information and responding to changing circumstances is vital to man's relationship with his environment. When a dysfunction in the process of absorbing important new knowledge and correcting mistakes occurs, the faculty of rational judgment may be fatefully impaired. While, collectively, the attitude of a society is the sum of those of individuals, occasionally, the perception of a single individual in an influential position may be sufficient to determine a government's policy.
Topic:
Security, Environment, Government, and Religion
Political Geography:
Middle East, Israel, and Arabia

696. Jerusalem in International Diplomacy: The 2000 Camp David Summit, the Clinton Plan, and Their Aftermath

Author:
Dore Gold
Publication Date:
02-2001
Content Type:
Policy Brief
Institution:
Jerusalem Center for Public Affairs
Abstract:
Since its independence in 1948, and indeed even in prior times, Israel's rights to sovereignty in Jerusalem have been firmly grounded in history and international law. The aftermath of the 1967 Six-Day War only reinforced the strength of Israel's claims. Seven years after the implementation of the 1993 Oslo Agreements, Prime Minister Ehud Barak became the first Israeli prime minister to consider re-dividing Jerusalem in response to an American proposal at the July 2000 Camp David Summit. The December 2000 Clinton Plan attempted to codify Barak's possible concessions on Jerusalem. Yet they proved to be insufficient for PLO Chairman Yasser Arafat, leading to a breakdown in the peace process and an outburst of Palestinian violence with regional implications. At least the failed Clinton Plan did not bind future Israeli governments or U.S. administrations, leaving open the possibility of new diplomatic alternatives. Only by avoiding premature negotiation over an unbridgeable issue such as Jerusalem can the U.S., Israel, and the Palestinians stabilize the volatile situation that has emerged and restore hope that a political process can be resumed in the future.
Topic:
Security, Government, International Law, Religion, and Sovereignty
Political Geography:
United States, America, Middle East, and Israel

697. U.S. Opposition to the International Criminal Court: Unfounded Fears

Author:
Robert C. Johansen
Publication Date:
06-2001
Content Type:
Policy Brief
Institution:
Kroc Institute for International Peace Studies, University of Notre Dame
Abstract:
U.S. opposition to creating a permanent international criminal court arises from unwarranted fears that U.S. officials might be wrongly prosecuted. Opposition also rests on a mistaken belief that the United States can protect legitimate national sovereignty only by rejecting international legal constraints on criminal abuses of sovereignty. However, the proposed court would serve U.S. interests by investigating the world's worst international crimes and assigning individual responsibility for them, reducing collective blame for the criminal acts of individuals, discouraging atrocities, and upholding international law while protecting against politically motivated prosecutions.
Topic:
Government, International Law, and International Organization
Political Geography:
United States

698. European Union: Belgian Presidency

Publication Date:
07-2001
Content Type:
Policy Brief
Institution:
Oxford Analytica
Abstract:
The rotating EU presidency this week passed from the Swedish to the Belgian government. The Belgian presidency faces a considerable test of nerve as it attempts to square its constitutional ambitions for further political integration with the increasing unpredictability of European public opinion. The new public mood of caution towards European integration has resulted in a notable ambivalence on the part of Verhofstadt. While stressing the importance of a completely open debate, Verhofstadt is also using the more closed approach of close consultation between governments and their representatives in preparing keynote proposals for the Laeken European Council, which, in reality, is the only way of reaching solutions.
Topic:
Government and Politics
Political Geography:
Europe

699. Argentina — Federal Stand-Off

Author:
Caspar Fithin
Publication Date:
06-2001
Content Type:
Policy Brief
Institution:
Oxford Analytica
Abstract:
Opposition Peronist party governors and trade unions this week broke off institutional dialogue with the federal government over recent economic measures and pending debts. The fourteen governors in question, their minds on mid-term legislative elections, believe that the political cost of supporting the government will be greater than the cost of being seen to scupper its initiatives, and that opposition constitutes a more effective means of pressing their demands. Their decision puts the prospects for Argentina's economic recovery at risk. The Peronist governors' decision to distance themselves from the government both reflects and compounds the weakness of the federal administration. While their new approach to force concessions from the government could ease social problems in the short term, there is a danger that it will do so at the expense of economic recovery and political stability in the longer term.
Topic:
Economics, Government, Political Economy, and Politics
Political Geography:
South America

700. Iran — Khatami Landslide

Author:
Caspar Fithin
Publication Date:
06-2001
Content Type:
Policy Brief
Institution:
Oxford Analytica
Abstract:
President Mohammed Khatami was re-elected on June 8 by a huge margin. Khatami's supporters are already talking about a renewed campaign for reform under a reorganised cabinet and a reinvigorated Majlis. However, the obstacles to such a programme remain formidable. Khatami is likely to press a little more strongly for reform, especially in the economic field. However, doubts remains that he or his parliamentary colleagues have the means to use the renewed mandate provided by the election to press for radical change. Any change is therefore likely to modest and incremental, though, in the Iranian context, significant.
Topic:
Government and Politics
Political Geography:
Iran and Middle East