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221. Government, State, and National Wars in Africa

Author:
Nathaly Silva Xavier Schütz and Hernán Olmedo González
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Brazilian Journal of African Studies
Institution:
Brazilian Journal of African Studies
Abstract:
To what extent were internal wars in African countries after World War II conditioned by their limited levels of governmental entrenchment and statehood? This is the central issue guiding the following research, which focuses on African countries in the post-World War II period, a period in which the system of sovereign States — with its origins in modernity and formally in Europe with the Peace of Westphalia treaties of 1648 — reached the vast majority of the international system. To achieve this objective, the following article is structured as follows.The first section aims to present, in the first instance, empirical information about the relative weight that internal national wars had on the international system in general and in Africa in particular, followed by a presentation of the different propositions about the conditioning factors of this type of war in the international system and African States, and, finally, establish guiding hypotheses for the empirical research of the study. The second section describes the methodological project followed to test the hypo-theses defined in the first section. The third section presents the empirical results of the research and the data analysis. Finally, the article develops a conclusion that systematizes the main aspects of the study.
Topic:
Government, History, State, World War II, and International System
Political Geography:
Africa

222. Skimming the East African Community Regional Force in the Kivu: Another Test Case of ‘African Solutions to African Problems’

Author:
Jean-Marie Kasonga Mbombo
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Brazilian Journal of African Studies
Institution:
Brazilian Journal of African Studies
Abstract:
Regional integration is premised on the principle of subsidiarity enshrined in the Charter of the United Nations Organisation which empowers regional bodies to resolve conflicts in their jurisdictions (Chapter 8, Article 52). It implies cooperation among states sharing a geographic proximity. In Africa, such regional organisations include the Economic Community of West African Countries (ECOWAS), Economic Community of Central African States (ECCAS), Common Market for East Africa (COMESA), East African Community (EAC), and Southern African Development Community (SADC) to name but a few. However, the end of the Cold War witnessed the rise of intrastate conflicts worldwide, which many analysts associated with donor fatigue toward aid-dependent states (Thomas and Mazrui 1992; Bayart 2009; Bates 2008; Solomon 2015). These new wars of the 1990s were more pronounced in resource-rich countries such as Liberia, Sierra Leone, Sudan, Chad, and the Democratic Republic of Congo (Kaldor 2006; Collier 2008). As a result, many economic communities established relevant protocols to boost regional integration and foster peace on the African continent: ECCAS Protocol of Peace and Security; ECOWAS Protocol relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping, and Secu-rity (1999); SADC Protocol on Politics, Defence and Security (2001); EAC Protocol on Peace and Security (2013).
Topic:
Economics, Regional Integration, Regional Organizations, and East African Community (EAC)
Political Geography:
Africa and East Africa

223. Science Diplomacy in the Negotiation of International Business Contracts: A Critical Assessment

Author:
Suada Dzogovic, Anita Cucovic, and Armand Krasniqi
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This study investigates the significance of science diplomacy at the convergence of politics, diplomacy, and science, emphasizing its heightened relevance in contemporary geopolitics and economic development. The aim was to elucidate the role of science diplomacy in optimizing negotiation outcomes concerning international business contracts by examining students’ perceptions of its impacts in such contexts. A theoretical analysis was initially conducted to identify the main themes shaping our questionnaire by employing a comprehensive research strategy that combines quantitative and qualitative methods. Data collection was carried out through a survey using a five-point Likert scale. The study revealed the students’ positive evaluation of science diplomacy, indicating their recognition and appreciation of its utilization in enhancing negotiation outcomes over international business contracts. While political leadership remains crucial in economic negotiations, our findings underscore the significant impact of science diplomacy in promoting international economic relations and facilitating domestic companies’ access to global markets. This research significantly contributes to our understanding of the multifaceted role of science diplomacy in global knowledge dissemination and problem-solving. It elucidates the importance of science diplomacy in international relations and academia, emphasizing its constructive impact on addressing complex challenges.
Topic:
International Relations, Development, Communications, Business, Negotiation, Contracts, and Science Diplomacy
Political Geography:
Global Focus

224. Fashionable Politics: How Italian Leaders Transform into Successful Brands in Contemporary Communication

Author:
Daniele Battista
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Political communication is inherently intertwined with social dynamics and cannot be considered a separate field of study. Symbolic elements, slogans, and the leadership of political figures have permeated human history, influencing and often determining political action. This study has analyzed the phenomenon of personalization as compelling evidence in the field of contemporary political communication. The analysis is based on a study of Italian cases, aiming to provide an in-depth insight into the strategies adopted by political parties to personalize their leaders’ image and engage voters. In particular, the focus has primarily been on party symbols incorporating the leader’s name. The research was conducted to identify party personalization mechanisms and their impact on public opinion. The result highlighted the role of political communication in asserting the individual as a brand at the expense of the party organization, with significant implications for democracy and political participation.
Topic:
Politics, Communications, Identity, Marketing, and Personal Brand
Political Geography:
Europe and Italy

225. International Register of Damage: The Guarantee of Recovering Justice in Ukraine

Author:
Olena Agapova
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This study addresses the urgent need to establish a comprehensive compensation mechanism for damages incurred by Ukraine due to Russian aggression. The research analyzes the legal, procedural, and practical aspects of the Enlarged Partial Agreement on the Register of Damage instituted by the Council of Europe. Methodologically, the study employs existing literature, legal documentation, and various scientific methods to understand the dynamics of compensation mechanisms. The study identifies unresolved issues through a comprehensive literature review and proposes solutions. The study underscores the pivotal role of the Ministry of Justice of Ukraine in meticulously documenting damages and proposes specific categories of compensation claims. Overall, the research highlights the significance of international cooperation and legal frameworks in restoring justice and providing accountability for those affected by the conflict.
Topic:
Law, European Union, Accountability, Russia-Ukraine War, Public Administration, and Council of Europe
Political Geography:
Europe and Ukraine

226. Empowering Communities in Kosovo: The Vital Role of Local Government in Advancing Education and Curbing Deviant Behavior

Author:
Islam Hasani and Ferdi Kamberi
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Local communities play an essential role in developing and organizing their lives for joint betterment. Local self-government, through local democratic mechanisms, involves the community as part of the public policies, showing the sign of the development of the local democracy. This research aims to analyze the communication and collaboration between the local government and local communities in Kosovo, focusing on their role in the development of education and the reduction of deviant behavior, intending to create a better social environment for the community. The research methodology employed for this paper is as follows: library research, qualitative research, and the analysis of the laws in power related to the topic. There will be field research working with two focus groups belonging to the municipality of Prishtina, considering their ethnic component. General results show that communities are still in the development and organization phase, whereas their participation in the process of public policies is still under the average level. Social audits can be mechanisms for development, organizing the community, and involvement in local government policies.
Topic:
Development, Education, Democracy, Public Policy, Behavior, Empowerment, Communities, and Local Self-Government
Political Geography:
Europe, Eastern Europe, and Kosovo

227. Examining the Gap Between EU Fundamental Values in Theory and Practice: A Case Study of Macedonia’s Journey Toward EU Accession

Author:
Larisa Vasileska
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The objective of this paper is to assess the gap between the EU’s commitment to its values and the fairness of its accession process, in particular the Macedonian journey to the EU, which is not only contradictory to the EU’s core values but also contradictory to the principle of equal rights and self-determination. For this purpose, the methodology consists of conducting qualitative analysis based on two bilateral agreements and analyzing the evolution of EU requirements and their implications. The paper argues that rather than enforcing the Copenhagen criteria and making the country’s pre-accession progress contingent on the strengthening of the rule of law, the EU has expended enormous effort in what was essentially a political bilateral dispute between states, with the resolution of the dispute to be replaced as a pre-accession criterion. The paper concludes that the EU should return to its fundamental values and prioritize merit-based criteria in the enlargement process, not a politically based decision.
Topic:
International Law, Bilateral Relations, European Union, Rule of Law, Values, Disputes, and Enlargement
Political Geography:
Europe and Macedonia

228. Good Governance and Rule of Law Effect on GDP Growth: Lessons for Emerging Economies

Author:
Esat A. Durguti, Avni Alidemaj, and Anatolijs Krivins
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The overall aim of this article is to explore the effect of governance parameters on gross domestic product (GDP) in the 15 countries of the European Union (EU15) as well as the 6 countries of Southeast Europe (SEE6). The research employed the dynamic methodology generalized methods of moments (GMM) to explore the data gathered from the World Bank and the Global Economy database stretching 2000 - 2022, correspondingly 2008 - 2022. Our analyzed result for EU15 confirms that regulatory quality (RQ), government effectiveness (GE), and rule of law (RL) positively influence GDP; instead, control of corruption (CC) negatively influences GDP. The results obtained for SEE6 reveal that GE and CC positively influence GDP, but instead, the RL negatively influences GDP. Additionally, RQ in the SEE6 instance has shown an insignificant influence on GDP. Unfortunately, the study could not cover every country in both panel groups because of data limitations. Regarding the study’s conclusions, increased dedication to applying and undertaking reform measures for the key governance indicators for SEE6 countries would be helpful. These insights may raise the need to create specific mechanisms for the RL and CC. Compared to other research, the novelty and originality of the present research lies in the fact that it used panel data via the dynamic GMM approach to explore the role of improving government quality metrics in GDP.
Topic:
Corruption, Governance, GDP, Economic Growth, and Emerging Economies
Political Geography:
Global Focus

229. The Challenges of Normalizing Relations Between Belgrade and Pristina: Implications of the “Agreement on the Path to Normalization”

Author:
Mihajlo Vucic and Dragan Djukanovic
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The article analyzes the process of normalizing relations between Belgrade and Pristina after adopting the Agreement on the Path to Normalization. The analytical framework of neorealism was used to explain that the normalization process was accelerated due to the war crisis in Eastern Europe. The international legal aspects of the agreement were scrutinized, based on the method of content analysis and comparative studies, to argue that the agreement is a legally binding treaty between two sides that respect each other’s international legal personality. The authors concluded that the European Union and the United States attempted to create new momentum in the decade-long and rather unsuccessful process by adopting the Agreement and the Annex on implementation. Thus, these documents were put in the context of relations between Belgrade and Pristina and broader European and regional levels of complex relations. In addition, the analysis concluded that the documents serve as new impulses in normalization as a continuous legal formalization of relations between the two sides based on international legal rules.
Topic:
International Law, Bilateral Relations, European Union, and Normalization
Political Geography:
Europe, Kosovo, Serbia, and Balkans

230. Dissecting the Political Landscape of War-Torn Ukraine: Between Internal Challenges and External Threats

Author:
Aram Terzyan
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This paper explores the political landscape of war-torn Ukraine, focusing on the country’s core domestic problems. The war in Ukraine has led to a significant deterioration of Ukraine’s political landscape. While victory on the battlefield is Ukraine’s utmost priority, escalating internal problems pose additional challenges. With Ukraine having obtained EU candidate status, these problems have moved to a new level on the EU’s membership agenda. The most urgent of these is endemic corruption, which has gained fresh momentum during the war and has put foreign aid at risk. As the costs of the war grow, international pressure on the Ukrainian authorities to show better results increases. Accountability and transparency should become the guiding principles of the reconstruction and recovery processes to maintain Western support and ensure effective postwar reconstruction.
Topic:
Corruption, Reconstruction, Minorities, European Union, Russia-Ukraine War, and De-Oligarchization
Political Geography:
Europe and Ukraine

231. Control of Irregular Migration and Suppression of People Smuggling on the Western Balkan Route

Author:
Bojan Jankovic, Sasa Markovic, and Aleksandar Ivanov
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The subject of this paper is irregular migration and modern models of preventing the smuggling of migrants on the part of the Western Balkan route through the Republic of Serbia. The goal is to show how the new strategic approach of the Serbian police in this area can give excellent results, that the application of modern methods of policing and technical means are aimed at preventing the smuggling of migrants, i.e., the illegal movement and transport of migrants across the state border and state territory to go to countries of the European Union. Based on the conducted research, the authors have drawn certain conclusions: 1) effectiveness, efficiency, and economy in the area of suppression of irregular migration can be achieved by applying an adequate criminal strategy, 2) the new strategic approach led to the discovery and arrest of a large number of people smugglers and the discovery of illegal firearms, 3) the use of modern technical means, coordinated, joint work of different police units and management from a single center by a strategic level manager directly in charge of combating irregular migration and human smuggling in a particular area (territory) which is estimated to be a hotspot of criminal activity, is a prerequisite for success.
Topic:
Security, European Union, Borders, Police, Smuggling, and Irregular Migration
Political Geography:
Europe and Balkans

232. Exploring the Effectiveness of the Human Rights Court in Indonesia: A Call for Humanitarian Action

Author:
Ria Wierma Putri, Yunita Maya Putri, and Eddy Rifai
Publication Date:
07-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Indonesia’s Human Rights Court, established under Law No. 26/2000, has faced criticism due to persistent unresolved cases, highlighting flaws in its legal foundation. The Court’s performance revealed that Indonesia has been ineffective in resolving serious human rights violation cases. This research emphasizes two main points: 1) exploring human rights enforcement in Indonesia based on the effectiveness of the Human Rights Court’s performance, and 2) scrutinizing the context of humanitarian intervention in cases of gross human rights violations in Indonesia. The article utilized a normative juridical research approach, followed by a descriptive analysis through a literature study. The research illustrated that human rights enforcement in Indonesia was inadequate, often stalling at the inquiry stage. Trials for the 1984 Tanjung Priok massacre, East Timor, and Abepura resulted in acquittals, raising doubts about the effectiveness of the Human Rights Court’s Law (No. 26/2000). Furthermore, humanitarian intervention was deemed necessary to address these unresolved violations, viewed not as a violation of sovereignty but as a means to enhance human rights protection. This requires national and international cooperation, focusing on resolving cases rather than debating jurisdiction.
Topic:
Human Rights, Courts, Humanitarian Intervention, and International Humanitarian Law (IHL)
Political Geography:
Indonesia and Southeast Asia

233. Beyond Traditional Boundaries: From State-Centric Diplomacy to More Participatory Approaches for a Sustainable Future in the Western Balkans

Author:
Elira Luli and Mirela Metushaj
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The contemporary era has witnessed a significant evolution in diplomacy, transitioning from traditional state-led approaches to more open, multilateral methods and channels. This study evaluates the effectiveness and suitability of the new diplomatic disciplines, particularly in the Western Balkans region, which grapples with numerous structural challenges, ethnic and political divisions, and external interference. The influence of traditional state-centric diplomacy in this region necessitates a shift towards a more participatory, multi-stakeholder approach to promoting positive peace and cooperation. This reframing of diplomacy emphasizes the emergence of regionalism and multilateralism through multi-track diplomacy, involving private individuals, non-governmental organizations, societies, and engaged citizens to foster understanding through dialogue, cooperation, and deeper interaction. The analysis highlights the influence of innovative diplomatic channels interlinked and entrenched through a capillary diplomacy framework essential for regional application while exploring the constraints of traditional methods. It advocates for fresh diplomatic strategies and collaborative initiatives in the Western Balkans through a win-win formula and a participatory model based on multi-track diplomacy – repurposed and redesigned to advance the reconciliation process, rapprochement, and raise public awareness through effective communication in line with the EU integration goals and advancements.
Topic:
Diplomacy, Regional Cooperation, European Union, and Reconciliation
Political Geography:
Eastern Europe and Balkans

234. Maritime Security: The Pillar of India’s IPOI in Southeast Asia and Its Implications for Vietnam

Author:
Cuong Pham
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This article analyses the maritime security pillar of India’s Indo-Pacific Outlook Initiative (IPOI) in Southeast Asia and its far-reaching impact on Vietnam. The study utilizes the analytical framework of neorealism, liberalism, and constructivism to examine the objectives and intentions of India’s IPOI and ASEAN’s AOIP in the context of strategic competition in the Indo-Pacific. The author’s findings reveal a significant convergence of strategic interests between IPOI and AOIP, which brings numerous and tremendous benefits to Vietnam, such as fostering the Vietnam-India comprehensive strategic partnership and equipping Vietnam to tackle challenges from the rise of China. The rise of China, strategic competition among major powers, and the increasing significance of the Indo-Pacific have spurred India and ASEAN to develop their visions to adapt to the Indo-Pacific concept. However, the implementation of IPOI in Southeast Asia still faces several limitations, primarily due to the divergent understanding and goals of IPOI, which places a premium on maritime security, and AOIP, which is more focused on naval cooperation. Furthermore, differences in the perceptions of India and ASEAN on maritime security also contribute to these limitations, highlighting the need for further research and development.
Topic:
Security, Maritime, Strategic Competition, and Regional Security
Political Geography:
India, Vietnam, and Indo-Pacific

235. Skilled Migration Before and During the Covid-19 Pandemic

Author:
Rossen Kostadinov Koroutchev
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This article analyses the role of skilled migration before and during the Covid-19 pandemic, emphasizing the health sector. Using official statistics, it investigates the evolution of the migrant skilled professionals from this sector over the last decade and the difficulties they face in different European countries. A special analysis is devoted to recognizing and validating the professional credentials of migrant healthcare workers and their crucial importance nowadays. Some comparisons have been made between the health sector in the UK and Spain by pointing out the importance of foreign doctors and nurses in mitigating the pandemic’s effect even during periods of lockdown and border closures. The conclusion of this research confirms the necessity of a collective and sustainable response to address the global shortage of health professional regulations and bureaucratic difficulties related to work permissions and authorizations in the post-Covid-19 recovery era.
Topic:
COVID-19, Skilled Migration, Professionals, Health Sector, and Credentials
Political Geography:
Europe

236. The “Revival” of PiS: The Transformation of Campaign Strategies from the Kaczynski Twins to Andrzej Duda

Author:
Melissa Stolfi
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The paper analyzes the campaign strategies of the PiS political party during the Polish elections from 2009 to 2020. It examines how the gradual modernization of communication strategies and the adoption of a less aggressive narrative contributed to the party’s revival after a decline in support caused by the political crisis of 2007 and the death of leader Lech Kaczynski in 2010. The research aims to identify the changes in campaigning that contributed to regaining electoral success since the 2015 national elections. The analysis is based on audio-visual materials produced by PiS for the elections during both the “crisis” period (2009-2013) and the “revival” period (2014-2020), allowing for a comparative analysis of the main changes between these two periods. Through content analysis of these materials, the study investigates the topics, genres, formats, national and European dimensions, personalization strategies, and use of negative advertising.
Topic:
Communications, Elections, Domestic Politics, Propaganda, Political Parties, and Advertising
Political Geography:
Europe, Eastern Europe, and Poland

237. Potential Effects and Concerns of the Agreement Between Italy and Albania on Managing Migratory Flows

Author:
Rrezart Bushati and Emanuela Furramani
Publication Date:
09-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The recent Memorandum of Understanding concluded between Italy and Albania for cooperation in the migration field has caused strong criticism. This agreement has raised many doubts regarding its compliance with the Albanian Constitution, specifically concerning the procedure required for concluding international agreements relating to the concession of the territory to foreign powers and the protection of human rights. Recently, the Albanian Constitutional Court decided that the Protocol does not violate the Constitution. This study aims to highlight the critical issues related to fundamental rights protection, particularly regarding the issue of which state will be responsible for human rights protection according to the ECHR. Another profile to consider is the determination of Albania as a safe place, considering that the agreement aims to transfer people rescued in international waters by Italian military vessels into Albanian territory.
Topic:
Human Rights, Migration, Treaties and Agreements, and Search and Rescue
Political Geography:
Europe, Albania, and Italy

238. Democratic Culture and Digital Ecosystems: Women’s Political Participation in Latin America

Author:
Lucia Picarella
Publication Date:
09-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This article investigated the increase of online hate speech practices in Latin America against women social leaders and political candidates during electoral campaigns and social rights activism. A qualitative approach was used to study this research problem (case study and secondary data analysis) to demonstrate that the growth of online hate speech limits the sociopolitical participation and enjoyment of fundamental rights of Latin American women social leaders and political candidates. The main results of the case study demonstrated that critical digital media education represents a possibility of intervention to counterbalance these discriminatory online practices. In this sense, the conclusions proposed Latin American educomunicación as a methodology for constructing ethical, social, and political alternatives because it promotes the development of critical collective consciousness and strengthens the effectiveness of normative actions.
Topic:
Globalization, Women, Hate Speech, Freedom, Political Participation, Digital Platforms, and Digital Ecosystems
Political Geography:
Latin America

239. When the Exception Overtakes the Rule: COVID-19, Security Exemption Clauses, and International Investment Agreements

Author:
Kayla Maria Rolland
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In the trade and investment law regimes built in the post-war period, “security exemption clauses” were included within trade and investment agreements as a safety valve, permitting States to deviate from their commitments in the event that their security interests were implicated. Initially, these clauses were understood to be narrowly limited to instances of war and interstate conflict. With the rise of the national security state in the decades since, however, the concept of security interests has ballooned to encompass an ever-growing set of issues, with some fearing that the rules may become irrelevant. This has been particularly facilitated through “third generation” security exemption clauses and their inclusion of self-judging language. The COVID-19 pandemic in particular adds a new dimension to this phenomenon. As a case study analysis of the text of the Chile-Hong Kong, China SAR bilateral investment treaty (BIT) will demonstrate, it may be feasible for States to invoke security exemption clauses to justify measures taken in response to the COVID-19 pandemic in some contexts, particularly with third generation, self-judging security exemption clauses. The expanding notions of security exemption clauses have significant implications for the investor-State dispute system as a whole.
Topic:
Security, International Law, International Trade and Finance, Treaties and Agreements, COVID-19, and International Investment Agreements
Political Geography:
China and Global Focus

240. Remedying a Legal Black Hole: The Future of Human Rights Jurisdiction in the Mediterranean Sea

Author:
Alison Beuscher
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The coastal States of the Mediterranean Sea tend toward a steady decrease in their search and rescue capacities. When a migrant boat sends out a distress signal, many ships in its vicinity either ignore it, merely observe the ship, or even move away from it. Rather than allowing people in distress onto rescue boats, the coastal States control the activity from a distance via, for example, mere distress calls. This lack of action occurs despite their legal obligation to protect under the law of the sea. Due to a maritime legal black hole, those stranded are effectively rendered rightless. This article examines whether a new jurisdictional approach may serve as a remedy and explores an intermediate design. It will assess this jurisdictional approach based on progressive Inter-American Court of Human Rights and Human Rights Committee cases while bearing in mind potential advantages and drawbacks.
Topic:
Human Rights, Migration, Law of the Sea, and Jurisdiction
Political Geography:
Europe and Mediterranean