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Fernández, Salas José Carlos. "Rights in rem in Europe." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/108245.
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The study of rights in rem from an internal perspective of our national legal system is notan easy task. For that purpose, a comparativestudy of the international juridical systems canserve as both a solution and an instrument tobring forward new and innovative knowledge related to those rights.The author perceives that fundamental to notice the importance that the international character of rights in rem has acquired through time. He does, therefore, a comparative study between different rights in rem regimes in countries such as France, Germany and England. These countries are all part of the European Union, with whom Peru has signed a Free Trade Agreement.El estudio de los derechos reales desde una perspectiva interna del ordenamiento peruano es una labor complicada. Por ello, un análisis de los distintos sistemas jurídicos internacionales podría tanto facilitar esta labor cuanto aportar conocimientos innovadores sobre el tema.Para el autor, será fundamental notar la importancia que ha ido ganando el carácter internacional de los derechos reales. Por ello, realiza un estudio comparativo entre distintos regímenes de derechos reales en países tales como Francia, Alemania e Inglaterra. Estos pertenecen a la Unión Europea, con la cual el Perú ha suscrito un Tratado de Libre Comercio.
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Cilliers, Judy-Ann. "The refugee as citizen : the possibility of political membership in a cosmopolitan world." Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/96022.
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Thesis (MA)--Stellenbosch University, 2014.ENGLISH ABSTRACT: The aim of this thesis is to determine what responsibilities democratic states have toward refugees. This problem is stated within the broader framework of the tension inherent in all democratic states: on the one hand, the sovereign right of a state over its territory and, on the other hand, the cosmopolitan or universal human rights norms upon which the state‟s constitution is founded. I argue that this tension is brought to the fore when refugees cross borders and enter into democratic territories, asking for protection and claiming their human rights. The sheer magnitude of the refugee crisis makes this an issue every state should address. My answer to the question of state responsibility is worked out in four phases. Firstly, I give a conceptual clarification of refugeehood, sovereignty, and cosmopolitanism. I show that neither absolute sovereignty (which implies closed borders) nor extreme cosmopolitanism (which implies no borders) is desirable. Secondly, I draw on Immanuel Kant‟s cosmopolitan theory as a possible solution. Kant proposes a world-federation of states in which right is realised on the civic, international, and cosmopolitan level. Kant also insists that every individual has the right to hospitality – a right which foreign states should recognise. Thirdly, I examine three prominent theories which could offer us a way to address the refugee crisis. I argue that the first two – multiculturalism and John Rawls‟ „law of peoples‟ – are not adequate responses to the refugee crisis, but that the third – Seyla Benhabib‟s cosmopolitan federalism – is more promising. Hospitality is the first responsibility states have toward refugees, and Benhabib proposes that it be institutionalised by (i) forming a federation of states founded on cosmopolitan principles, (ii) revising membership norms through the political process of democratic iterations, and (iii) extending some form of political membership to the state to refugees. Lastly, I justify the claim that political membership should be extended by referring to Hannah Arendt‟s argument that the ability to speak and act publicly is part of what it means to be human. If we deny refugees this ability, or if we deny them access to political processes, we deny their humanity. Benhabib proposes institutional measures to ensure that this does not happen, including allowing for political membership on sub-national, national, and supranational levels. Ultimately, I argue that democratic states have the responsibility to (i) allow entry to refugees, (ii) give refugees legal status and offer protection, and (ii) extend political membership to them on some level.
AFRIKAANSE OPSOMMING: Die doel van hierdie tesis is om te bepaal wat die verantwoordelikhede van demokratiese state teenoor vlugtelinge is. Ek plaas hierdie probleem binne die breër raamwerk van die onderliggende spanning in demokratiese state: die soewereine reg van ‟n staat oor sy grondgebied, aan die een kant, en die kosmopolitiese of universele menseregte-norme waarop die staat se grondwet berus, aan die ander kant. Ek argumenteer dat hierdie spanning na vore gebring word wanneer vlugtelinge, op soek na beskerming, grense oorsteek, demokratiese state binnetree en aanspraak maak op hulle regte. Ek bespreek die vraagstuk in vier stappe. Eerstens verduidelik ek die begrippe van vlugtelingskap, soewereiniteit en kosmopolitisme. Ek toon aan dat nóg absolute soewereiniteit (wat geslote grense impliseer), nóg ekstreme kosmopolitisme (wat geen grense impliseer) ‟n wenslike ideaal is. Tweedens kyk ek na Immanuel Kant se kosmopolitiese teorie vir ‟n moontlike oplossing. Kant stel voor dat state saamkom in ‟n wêreld-federasie, om sodoende reg te laat geskied op die plaaslike, internasionale, en kosmopolitiese vlak. Kant dring ook aan daarop dat elke individu die reg tot gasvryheid besit, ‟n reg wat ook deur ander state buiten die individu se staat van herkoms erken behoort te word. Derdens ondersoek ek drie prominente teorieë wat moontlike oplossings bied vir die vlugteling-krisis. Ek argumenteer dat die eerste twee – multikulturalisme en John Rawls se „law of peoples‟ – nie voldoende is om die vlugteling-krisis die hoof te bied nie. Die derde teorie, Seyla Benhabib se kosmopolitiese federalisme, blyk meer belowend te wees. Benhabib stel voor dat die staat se verantwoordelikheid om gasvryheid te toon geïnstitusionaliseer kan word deur (i)‟n federasie van state gegrond op kosmopolitiese beginsels te vorm, (ii) lidmaatskap-norme te hersien deur ‟n politieke proses genaamd demokratiese iterasie, en (iii) politieke lidmaatskap van een of ander aard aan vlugtelinge toe te ken. Laastens regverdig ek die aanspraak op lidmaatskap. Ek verwys na Hannah Arendt se argument dat die vermoë om in die publieke sfeer te praat en dade te kan uitvoer, deel uitmaak van wat dit beteken om ‟n mens te wees. As ons verhoed dat vlugtelinge hierdie twee vermoëns kan uitleef, ontken ons hulle menslikheid. Benhabib stel sekere institutionele maatreëls voor om dit te voorkom. Dit sluit politieke lidmaatskap op ‟n sub-nasionale, nasionale, en supra-nasionale vlak in. Uiteindelik argumenteer ek dat demokratiese state se verantwoordelikhede teenoor vlugtelinge uit die volgende bestaan: (i) toegang tot hierdie state se grondgebied, (ii) wetlike status en beskerming, en (iii) politieke lidmaatskap op een of ander vlak.
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Malloy, Tove. "The 'politics of accommodation' in the Council of Europe after 1989 : national minorities and democratization." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369369.
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Soykan, Taskin Tankut. "The implications of the Copenhagen political criteria on the language rights of the Kurds in Turkey /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81236.
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In recent years, the attention is being increasingly drawn to the role of the European Union on the development of minority rights in the candidate countries. The adoption of the Copenhagen political criteria, which also require "respect for and protection of minorities," as preconditions that applicants must have met before they could join the Union has inevitably led to some policy changes to the minorities in Eastern Europe. This policy shift is particularly directed at minority language rights, because one of the most important aspects of the protection of minorities is the recognition of their linguistic identity. The aim of this study is to explore to what extent this development has influenced the situation of language rights of the Kurds in Turkey. In order to answer this question, it first examines the relationship between the Copenhagen criteria and international and European standards protecting minority language rights. Secondly, considering those standards, it assesses the achievements and failures of the recent legislative amendments which are directed to bring the language rights of the Kurds within the line of the Copenhagen criteria. The case of Turkey reveals the vast potential of the European enlargement process on the development of minority language rights, but also its limits in situations where there is a lack of political will to respect and protect diversity.
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FARKAS, Lilla. "Mobilising for racial equality in Europe : Roma rights and transnational justice." Doctoral thesis, European University Institute, 2020. http://hdl.handle.net/1814/66916.
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Defence date: 20 April 2020 (Online)Examining Board: Professor Claire Kilpatrick (EUI), Professor Bruno de Witte (EUI), Professor Colm O'Cinnedie (University College London), Professor Scott L. Cummings (University of California Los Angeles)
The thesis provides a transnational account of Roma rights activism over the last thirty years with a focus on five Central and Eastern European countries, where the majority of the European Union’s Roma live. It contributes to scholarly debate by (i) mapping ethnic/racial justice related legal opportunities; (ii) taking stock of legally focused non-governmental organisations; (iii) charting legal mobilisation in courts and enforcement agencies; (iv) presenting an alternative account of the transplantation of public interest litigation, and (v) ‘mapping the middle’ between dominant and critical narratives about the Open Society Foundations and white Europeans in the Roma rights field. Finding that international advocacy and litigation alone have been insufficient to generate social change, the thesis highlights the salience of indigenous practices. It points to the shortcomings of the elitist conception of legal mobilisation characterised by top-down, planned legal action and a focus of international NGOs. The thesis proposes to shift the limelight to the financial resources of strategic litigation, to a broad conception of collective legal action, and the necessity of investigating the role private individuals, NGOs, as well as public agencies play in promoting racial equality in general and Roma rights in particular in a transnational field. By scrutinising the ethno-political critique of Roma rights activism and pointing to its conflation with the critique of litigation - that resonates on both sides of the Atlantic - the thesis navigates between liberal internationalism and ethno-nationalism by acknowledging and celebrating organic cross-border cooperation, in other words “good transnationalism.”
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Cruickshank, Neil A. "Power, civil society and contentious politics in post communist Europe." Thesis, University of St Andrews, 2008. http://hdl.handle.net/10023/559.
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This dissertation examines how contentious collective action in two post communist states, Poland and the Czech Republic, has broadened to include European and international actors. It identifies the emergence of new opportunities for contention brought about by recent episodes of institutional change, specifically EU accession, and questions how they benefit materially or politically weak NGOs. With the intention of determining how three interrelated processes, democratization, Europeanization and internationalization, affect the nature and scope of contentious politics, this dissertation carries out an investigation of several concrete episodes of political mobilization and contention. As shown these 'contentious events' involved a myriad of national, European and international actors, mobilizing to challenge national policy. Data from NGO questionnaires, interviews and newswire/newspaper archives are used to discern the nature and scope of contentious collective action. This dissertation assesses the extent to which transnationalization of advocacy politics has disrupted existing power arrangements at the national level between NGOs and government. Hypothesizing that European Union accession in 2004 changed the nature and scope of contentious collective action in post communist Europe, this dissertation undertakes a comparative empirical examination of three sectors, environment, women and Roma, and twenty-nine representative NGOs. My research identifies three important developments in the Polish and Czech nonprofit sector: first, European advocacy networks and institutions are helping national NGOs overcome power disparities at the national level; second, issues once confined to national political space have acquired a European dimension, and; third, despite Europeanization, a few notable policy issues (i.e. reproductive rights, nuclear energy and domestic violence) remain firmly under national jurisdiction. This dissertation contributes to existing collective action/post communist scholarship in three ways. It applies established theories of contention/collective action to several recent episodes of political mobilization; it confirms that post accession institutional change does offer new political opportunity structures to national NGOs, and finally; it presents new empirical research on post communist collective action.
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Matheson, Giorgia. "The rights and experiences of LGBTI refugees in Europe: a comparative study of procedures and practices in Italy and Sweden." Thesis, Uppsala universitet, Teologiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-390468.
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The main problem of this thesis was the comparative analysis of the procedures in place in Sweden and Italy for the reception and support of LGBTI asylum seekers fleeing from war. The aim was to understand if the Swedish and Italian asylum and social systems are supporting and protecting the rights of LGBTI asylum seekers equally, also by uncovering how these procedures affect individuals. The method used to carry out this study was analysis of secondary documents. Queer and migration research, as well as reports, were used to provide a general framework to the issue, while country-specific data was sought in current domestic legislation and country reports carried out by local and international NGOs invested in LGBTI and migrants rights. The gathered information was examined from a descriptive, critical and constructive perspective, and placed within a prevailing comparative framework. Indeed, at the core of the study, lies a comparison between procedural differences in Sweden and Italy concerning the reception and protection of LGBTI asylum seekers who flee war. It was found that in Sweden and Italy people seeking refuge from war torn countries have much higher possibilities to be granted asylum than any other group of migrants. However, with regards to LGBTI asylum seekers from other countries, the social and asylum system of both are structurally violent in that the exclusion and discrimination against sexual minority refugees is the standard. In fact, LGBTI asylum seekers face similar challenges related to their intersectional identity in Sweden as well as Italy, although to different degrees: compared to Italy, Sweden has more standard procedures set in place that help queer asylees have a better experience. Nevertheless, neither systems hold up to the standard they should as consistent reports describe unlawful practices that violate humanitarian law and breach of Article 3 of the European Convention of Human Rights. Ultimately, LGBTI asylum seekers appear to have virtually no control over any aspect of their application or experience in the asylum and social system in Sweden as well as Italy. Therefore, rather than experiencing a newfound freedom, in entering the Italian and Swedish democratic spaces, these individuals simply experience a different kind of oppression.
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Aleixo, Rita Margarida Cardoso. "Entre os direitos dos refugiados e a segurança europeia : relatos da situação da Grécia em 2016." Master's thesis, Instituto Superior de Economia e Gestão, 2016. http://hdl.handle.net/10400.5/12983.
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Mestrado em Desenvolvimento e Cooperação InternacionalRecentemente, em resultado de medidas de segurança cada vez mais apertadas muitas das pessoas que fogem a situações de guerra e violência à procura de protecção e asilo na Europa, enfrentam uma dificuldade crescente em aceder a locais seguros para viver. Isto, tem conduzido ao aumento de rotas mais perigosas através do recurso a redes de contrabando e tráfico humano. Este estudo centra-se na situação recente da Grécia que, em Março de 2016, após o encerramento da rota dos Balcãs e ratificação do Tratado entre a UE e a Turquia ficou com milhares de pessoas "retidas" no país. Através da consulta de fontes documentais e de uma visita de campo a cinco locais de refugiados foi possível recolher testemunhos e reflectir sobre o contexto da protecção de refugiados na Europa. As conclusões vão ao encontro de algumas críticas que têm vindo a ser feitas: o sistema de protecção internacional e o sistema de Dublin deveriam ser revistos à luz da complexidade dos fenómenos migratórios actuais. A dicotomia entre securitização e protecção coloca em causa direitos e liberdades civis fundamentais, urgindo soluções necessariamente diferentes num mundo também ele em rápida mudança. Porém, a falta de solidariedade entre Estados e a quebra do compromisso europeu pelo respeito dos direitos humanos tem sido contrabalançada pela emergência de amplas redes de apoio provenientes da sociedade civil composta maioritariamente por voluntários e activistas sociais e pela agência dos refugiados que não termina com a sua chegada à Europa. Estas áreas merecem atenção em investigações futuras.
In recent years, due to the closure of the land borders and the increase of strict security measures, many of the people who are fleeing from war and situations of conflict seeking asylum and protection in Europe face an increasing difficulty to access a safe place to live. Consequently, this has led to the rise of dangerous routes through smugglers networks and human traffic. This study focus on the recent situation where thousands of refugees were "trapped" in Greece after the closure of the Balkan Route and the Treaty between the European Union and Turkey, on March 2016. Through the consultation of documental sources and a field visit to five refugee settings it was possible to collect testimonies and reflect over the refugee protection context in Europe. The findings meet some of the critics that have been made: the international protection system and, in particular, the Dublin System - both should be reviewed in light of the actual complexity of the migratory flows. The dichotomy between securitization and protection calls into question crucial civil rights and liberties, urging for solutions that have to be necessarily different in a rapidly changing world. However, the lack of solidarity between States and the breach of the European commitment with regards to the respect of human rights is being counterbalanced with the emergence of an extensive civil society support network mainly formed by volunteers and social activists, and refugees agency that didn´t end up on Europe's shore. These areas warrant attention in future research.
info:eu-repo/semantics/publishedVersion
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VERSTICHEL, Annelies. "Representation and identity : the right of persons belonging to minorities to effective participation in public affairs : content, justification and limits." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13178.
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Defence date: 13 December 2007Examining Board: Prof. Bruno De Witte (EUI); Prof. Paul Lemmens, (Katholieke Universiteit Leuven); Prof. John Packer, (University of Essex); Prof. Wojciech Sadurski, (EUI)
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2008.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis aims at investigating this new international right of persons belonging to minorities to effective participation in public affairs. What is its content? What is its justification and what is it aiming at? Are there any limits to its implementation and what kind of problematic issues are involved? The example of Bosnia and Herzegovina as described above illustrates that organising representation along ethnic lines raises challenging questions. These will be explored in this PhD.Our investigation of the right of minorities to effective participation in public affairs will run through five chapters: Chapter 1 will outline the theoretical framework; Chapter 2 will examine the political rights in the general human rights instruments; Chapter 3 will study the provision on effective participation in public affairs in the three key minority rights instruments of the 1990’s; Chapter 4 will look at the range of possible domestic mechanisms implementing the right of minorities to effective participation in public affairs through a comparative national law approach; and Chapter 5 will illustrate Chapter 4 by zooming in on three case studies, namely Belgium, Italy and Hungary.
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Milli, Ece. "Assessing The Human Rights Regime Of The Council Of Europe In Terms Of Economic And Social Rights." Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12615020/index.pdf.
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This thesis seeks to answer the question whether economic and social rights have the same status with civil and political rights under the human rights regime of the Council of Europe. To this end, the thesis examines the assumptions with regard to the nature of economic and social rights, on the one hand, and civil and political rights, on the other. Second, it seeks to find out whether the nature of economic and social rights is different from that of civil and political rights. Third, it examines how the protection of and approach to the two sets of rights developed in the Council of Europe. Finally, it assesses the contemporary protection of economic and social rights in the Council of Europe in comparison to protection of civil and political rights.
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Humphries, Isabelle Hunt. "Displaced voices : the politics of memory amongst Palestinian internal refugees in the Galilee (1991-2009)." Thesis, University of Surrey, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.685077.
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AYNÈS, Camille. "La privation des droits civiques et politiques : l'apport du droit pénal à une théorie de la citoyenneté." Doctoral thesis, European University Institute, 2020. https://hdl.handle.net/1814/68319.
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Defence date: 21 September 2020 (Online)Examining Board: Pr. Loïc Azoulai (Sciences-Po Paris, Directeur de thèse); Pr. Olivier Beaud (Université Paris II Panthéon-Assas, Co-directeur de thèse); Pr. Xavier Pin (Université Jean Moulin, Lyon 3); Pr. Christoph Schönberger (Université de Constance)
Awarded the 2021 Prix Dalloz
Awarded the 2021 Best Thesis Prize in the category "Concepts fondamentaux du droit constitutionnel" from the “Institut francophone pour la Justice et la Démocratie” Louis Joinet (previously the 'Fondation Varenne')
Received a special mention of the Vendôme Prize 2021 for the best doctoral thesis in Criminal Law.
Il est d’usage de considérer que la citoyenneté étatique, en tant qu’elle désigne une appartenance statutaire, est un concept de clôture qui implique l’inclusion aussi bien que l’exclusion. À rebours de la littérature dominante sur la citoyenneté en droit qui privilégie généralement sa dimension inclusive, cette thèse entreprend un renversement de perspective : elle se propose de théoriser la citoyenneté en creux, à partir de ses exclus, de définir autrement dit le citoyen par le non-citoyen. L’exclu étudié en droit français n’est pas la figure paradigmatique de l’étranger, mais celle du criminel déchu de ses droits politiques à la suite d’une condamnation pénale. Nous faisons l’hypothèse de la valeur heuristique d’une étude proprement juridique et non normative de la notion constitutionnelle de citoyenneté à partir du droit pénal en général, et des sanctions privant le condamné de ses droits de citoyen en particulier. L’apport de cette recherche est double : il concerne à titre premier la citoyenneté dont on entend examiner les bénéficiaires, la nature (les valeurs) et le contenu matériel (les droits et les devoirs). Nous démontrons (1) que par différence avec la nationalité, la citoyenneté a historiquement une dimension axiologique et qu’elle protège la moralité publique. Cette affirmation semble de prime abord remise en cause aujourd’hui en raison de l’influence du droit des droits de l’homme sur la matière. Plus qu’à la substitution d’un modèle de citoyenneté à un autre, nous établissons (2) que l’on a affaire à une tension au cœur du régime actuel de la citoyenneté. À titre second, nous contribuons en filigrane à une lecture de la démocratie en soutenant (1) que la lutte pour les droits politiques des derniers exclus de la nation (les condamnés et les « aliénés ») correspond moins à une revendication de participation politique qu’à une demande d’inclusion sociale ; (2) que le citoyen, dans cette lutte, tend à disparaître derrière le sujet de droit doté de droits opposables.
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Sanchez, Laura. "A comparative study of refugees and idps." Honors in the Major Thesis, University of Central Florida, 2011. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/506.
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There is a grave concern for the life, liberty and security of individuals who have been forced to leave their homes and have become dispersed within their native countries and throughout the Asian continent. These internally displaced persons and refugees are the subject of this study. Some of the themes that will be discussed include: civil war, human rights violations and the economy, since these are the problems affecting the populations of Afghanistan, Pakistan and Myanmar. These case studies are of particular interest because Afghanistan is where most refugees come from, Myanmar has the longest-running military regime and Pakistan hosts the most refugees in the world. All three case studies are currently in a state of civil war, are breeding grounds for violations of human rights and have corrupt economies. Thus, the goal is to end armed conflict, to put an end to the human rights violations that come with it and to restructure the economies in each of these nation states so that the internally displaced persons and refugees can be repatriated, since displacement has become too much of a burden for Afghanistan, Pakistan and Myanmar's neighboring countries, who have been taking in all of the refugees from said countries. Theoretically, if the issues causing displacement were to be solved, then the countries that host refugees would be able to concentrate on their own populations. This study can potentially address the gap between knowledge, policy formation, and policy implementation to realize the goals of the international community in dealing with the displacement crisis.B.A.
Bachelors
Sciences
Political Science
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Ruston, Kate. "Refuge for the Non-Refugees: The Responsibility to Protect Civilians in the Syrian Civil War." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cmc_theses/1309.
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Kuzmarov, Betina. "Constructing a basis of corporate liability for massive violations of human rights : using the common core of European private law." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78218.
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In a three point argument, it is asserted that general principles of law can be used to establish liability of corporations for massive violations of human rights. First, there is a lacuna in the law in this subject. Second, the constructivist approach to international relations contends that international norms are obeyed when they are internalized, so, conversely, the assertion is made that domestic law could be used to identify international norms, expanding the usefulness of general principles of law. Thirdly, general principles of law can be identified by comparative law methodology, so using one comparative method, The Common Core of European Private Law, should uncover principles of corporate liability. Lastly, an adaptation of this methodology is then applied to four countries.
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Hjelmström, Julia. "Running for democratization : A study of how sports contribute to human rights achievements for refugees in Sweden." Thesis, Uppsala universitet, Teologiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-351734.
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In 2015 Sweden received a vast increase of asylum seekers and the prolonged waiting times since then could create stress and risks to cause a troublesome integration for the refugees. Moreover, previous research show how refugees are at risk of denials of civil, political, economic and social rights. Discrimination on account of gender, religion or race could cause exploitation and abuse, making them extremely vulnerable and marginalized. A more and more popular method to promote peace, justice and tolerance is to use sports. However, there is a research gap on the relationship between sports and human rights achievements. This study aims to examine the relationship between sporting activities and human rights achievements in Sweden and to understand how becoming a part of the civil society through sports, is able to help vulnerable people, such as refugees, achieve their rights. Theories connecting social development, democracy and human rights are used to explain how sporting activities could lead to democratic human rights achievements. It is concluded that sports do contribute to human rights achievements by letting people being a part of the civil society, creating social capital, teaching norms and values, and creating trust and solidarity. However, social and economic barriers, as well as racism, needs to be defeated.
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Boerigter, Thomas J. "Islamophobia, Pluralism, and Multiculturalism: A Comparison between Western Europe and the United States." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/330.
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This thesis examines the role(s) of pluralism and the multiculturalism/monoculturalism binary within Islamophobia in the United States and the nations of Western Europe. It analyzes the history of Muslims in Western Europe in order to better understand the relationship between native Europeans and Muslims immigrants, then comparing this relationship to Americans and the Muslim immigrants to the United States.
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BIRNIE, Rutger Steven. "The ethics and politics of deportation in Europe." Doctoral thesis, European University Institute, 2019. http://hdl.handle.net/1814/61307.
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Defence date: 19 February 2019Examining Board: Professor Rainer Bauböck, European University Institute (Supervisor); Professor Matthew Gibney, University of Oxford; Professor Iseult Honohan, University College Dublin; Professor Jennifer Welsh, McGill University (formerly European University Institute)
This thesis explores key empirical and normative questions prompted by deportation policies and practices in the contemporary European context. The core empirical research question the thesis seeks to address is: what explains the shape of deportation regimes in European liberal democracies? The core normative research question is: how should we evaluate these deportation regimes morally? The two parts of the thesis address each of these questions in turn. To explain contemporary European deportation regimes, the four chapters of the first part of the thesis investigate them from a historical and multilevel perspective. (“Expulsion Old and New”) starts by comparing contemporary deportation practices to earlier forms of forced removal such as criminal banishment, political exile, poor law expulsion, and collective expulsions on a religious or ethnic basis, highlighting how contemporary deportation echoes some of the purposes of these earlier forms of expulsion. (“Divergences in Deportation”) looks at some major differences between European countries in how, and how much, deportation is used as a policy instrument today, concluding that they can be roughly grouped into four regime types, namely lenient, selective, symbolically strict and coercively strict. The next two chapters investigate how non-national levels of government are involved in shaping deportation in the European context. (“Europeanising Expulsion”) traces how the institutions of the European Union have come to both restrain and facilitate or incentivise member states’ deportation practices in fundamental ways. (“Localities of Belonging”) describes how provincial and municipal governments are increasingly assertive in frustrating deportations, effectively shielding individuals or entire categories of people from the reach of national deportation efforts, while in other cases local governments pressure the national level into instigating deportation proceedings against unwanted residents. The chapters argue that such efforts on both the supranational and local levels must be explained with reference to supranational and local conceptions of membership that are part of a multilevel citizenship structure yet can, and often do, come apart from the national conception of belonging. The second part of the thesis addresses the second research question by discussing the normative issues deportation gives rise to. (“Deportability, Domicile and the Human Right to Stay”) argues that a moral and legal status of non-deportability should be extended beyond citizenship to all those who have established effective domicile, or long-term and permanent residence, in the national territory. (“Deportation without Domination?”) argues that deportation can and should be applied in a way that does not dominate those it subjects by ensuring its non-arbitrary application through a limiting of executive discretion and by establishing proportionality testing in deportation procedures. (“Resisting Unjust Deportation”) investigates what can and should be done in the face of unjust national deportation regimes, proposing that a normative framework for morally justified antideportation resistance must start by differentiating between the various individual and institutional agents of resistance before specifying how their right or duty to resist a particular deportation depends on motivational, epistemic and relational conditions.
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Buonamano, Roberto Law Faculty of Law UNSW. "A genealogy of subjective rights." Awarded by:University of New South Wales. School of Law, 2006. http://handle.unsw.edu.au/1959.4/31948.
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This dissertation is an historical and philosophical study on the development of a subjective concept of individual rights. It takes the form of a history of ideas informed by genealogical methods of inquiry. Rather than seeking an origin for and underlying truth to human rights, it treats human rights as a product of various historical developments which are capable of being investigated in terms of their contingency as well as their continuous traditions. The thesis begins with an analysis of political theory in ancient Greek thought, primarily as a means of suggesting possible alternative political philosophies to the rights-based approach dominant in modern Western societies. The thesis then considers the theologicalpolitical discourse on sovereignty in the early Middle Ages, revolving around the doctrine of divine right and influenced by the function of the Christian Church in defining the nature of government. This is followed by an examination of the emergence of hierarchical, feudal relations and the formulation of feudal rights as based on proprietary notions and coinciding with individual liberties. In the following chapter there is a discussion of the juridical construction of sovereign power that emerged from the reception of Roman law and the development of canon law, the influence of legal textuality on the granting of rights and liberties, and the emergence of a discourse on public right as a way of defining the relationship between the prince and his subjects and thus delimiting sovereign authority. Finally, the thesis considers the legacy of the theory of natural rights and its relationship to forms of liberty, with an analysis of: firstly, the idea of natural rights that developed through canon law and the discussions surrounding the Franciscan poverty disputes; secondly, the role of property rights in the formulation of the rights of liberty; thirdly, the Christian understanding of liberty as a subjective attribute or power through the theo-ontological theory of human nature as represented by the free will; and fourthly, the transformation in Renaissance and early modern legal and political theory of the concept of liberty into a political doctrine about individual autonomy and inherent freedom. The purpose of the dissertation is to describe the multiple and complex historical processes from which the idea of subjective rights has emerged, as a means of understanding how human rights have come to play a seemingly essential role in modern legal and political discourses and practices.
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Ergec, Rusen. "Les droits de l'homme à l'épreuve des circonstances exceptionnelles: étude sur l'article 15 de la Convention européenne des droits de l'homme." Doctoral thesis, Universite Libre de Bruxelles, 1986. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213531.
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Breindl, Yana. "Hacking the law: an analysis of internet-based campaigning on digital rights in the European Union." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209836.
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Digital rights activism constitutes an exemplary case of how internet affordances can be mobilised to engender political change. The values and principles stemming from the hacker imaginaire, and free and open source software practices, underpin digital rights activism, which uses the internet as a tool, object and platform for the protection of rights in the digital realm. The analysis focuses on how digital rights activists use and adapt the political affordances of the internet to intervene in European Union policy-making. Two original case studies of internet-based campaigning at the European level (the “No Software Patents” and the “Telecoms package” campaigns) provide in-depth insight into the campaigning processes and their impact upon parliamentary politics. The cases highlight the complementarity of online and offline collective action, by examining processes of open collaboration, information disclosure and internet-assisted lobbying. The success of the “Telecoms package” campaign is then assessed, along with the perspective of the targets: members and staff of the European Parliament.The belief in values of freedom, decentralisation, openness, creativity and progress inspires a particular type of activism, which promotes autonomy, participation and efficiency. The empirical evidence suggests that this set of principles can, at times, conflict with practices observed in the field. This has to do with the particular opportunity structure of the European Union and the characteristics of the movement. The EU favours functional integration of civil society actors who are expected to contribute technical and/or legal expertise. This configuration challenges internet-based protest networks that rely on highly independent and fluctuating engagement, and suffer from a lack of diversity and cohesion. The internet does not solve all obstacles to collective action. It provides, however, a networked infrastructure and tools for organising, coordinating and campaigning. Online and offline actions are not only supportive of each other. Internet-based campaigning can be successful once it reaches out beyond the internet, and penetrates the corridors of political institutions.
Doctorat en Information et communication
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Blumen, Sacha Carl. "Granularity and state socialisation: explaining Germany’s 2015 refugee policy reversal." Thesis, Canberra, ACT : The Australian National University, 2016. http://hdl.handle.net/1885/111430.
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Between late August and mid-November 2015, the German Government
liberalised its refugee policy to allow an unlimited number of
people to claim asylum in the country, and then made a
near-reversal on this policy by calling for European-wide quotas
on the number of refugees entering the EU and a reduction in the
number of refugees Germany would admit. The German Government’s
decisions to liberalise and then backtrack on its refugee policy
within a short time period, at a time when many people were still
seeking asylum from the Syrian civil war, present a puzzle to the
dominant International Relations theories of state
socialisation—constructivism and rational choice—which do not
explain well this type of observed real world behaviour.
By using the Foreign Policy Analysis literature to augment the
constructivist and rational choice approaches, I argue that a
more granular approach can help explain
Germany’s backtracking on refugee policy in 2015. I focus on
the domestic actors, institutions, and the contested processes of
their interactions from which state policy emerged. Using this
approach, I explain Germany’s backtracking on its refugee
policy as the result of varying sets of interactions over time
among actors who had different and potentially changing interests
and beliefs. This focus on granularity and contestation within
state policy making processes provides a more precise
understanding of the dynamics of policy making from which we gain
a greater insight into this puzzling example of state behaviour.
Such approaches may also help explain other examples of state
behaviour that are similarly mysterious.
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Dupont, Jean-Claude. "Procès et sociabilité en matière de droits de l'homme: analyse institutionnelle, épistémologique et argumentative des fondements et des techniques de protection des droits de l'homme au Conseil de l'Europe." Doctoral thesis, Universite Libre de Bruxelles, 2009. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210224.
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J’examine les conditions de transposition du modèle de la « communauté épistémique » au domaine de la délibération et des évaluations pratiques. Je réponds ainsi à la question suivante :comment les droits de l’homme acquièrent-ils une signification objective dans le système de la Convention européenne des droits de l’homme ?Dans la première partie (analyse institutionnelle), je montre que la « sociabilité » est le premier enjeu de la protection des droits de l’homme au Conseil de l’Europe (ch. 1). Cet objectif de « sociabilité » n’est pas étranger à la question de leur « signification objective » car, au minimum, l’effectivité du système européen est suspendue à la réalisation d’un « ordre public » en la matière (ch. 2). Dans la deuxième partie (analyse épistémologique), je montre qu’une perspective épistémique sur les droits fondamentaux permet de rendre compte de l’effectivité (« praticabilité », rationalité) du système européen mais suppose le développement d’un critère dynamique (« d’acculturation ») de la rationalité d’un système de droit international (ch. 3) ainsi qu’un modèle épistémologique dans lequel « l’acceptabilité sociale » vaut comme instance d’adjudication rationnelle, et non seulement d’acceptation empirique, d’une définition des droits (ch. 4). Je teste, dans la troisième partie (analyse argumentative), les conditions de réalisation d’une telle « communauté épistémique » à la Cour européenne des droits de l’homme à travers l’analyse critique du contrôle des ingérences par les juges européens (ch. 5). Je défends enfin la valeur opératoire d’une théorie philosophique de l’argumentation pour la protection des droits de l’homme en Europe (ch. 6). / I consider the conditions of adaptation of a model of « epistemic community » to the field of practical deliberation and evaluations. By doing so, I am able to answer the following question: how do human rights acquire an objective meaning within the system of the European Convention of Human Rights? In the first part (institutional analysis), I show that “sociability” is what is primarily at stake in the protection of human rights within the Council of Europe (ch.1). This goal of ensuring “sociability” is not foreign to the issue of the “objective meaning” of human rights, for in that regard, the mere efficiency of the European system depends on the implementation of a “public order” in the field of human rights (Ch. 2). In the second part (epistemological analysis), I show that an epistemic perspective on fundamental rights allows one to account for the efficiency (“practicability”, rationality) of the European system, but that it presupposes the development of both a dynamic criterion (“acculturation”) for the assessment of the rationality of an international system of rights (ch. 3) and of an epistemological model in which “social acceptability” would not only serve as a benchmark for the empirical acceptation of a definition of rights but also as a benchmark for their rational adjudication (Ch. 4). In the third part (argumentative analysis), I test the conditions in which such an “epistemic community” is carried out by the European court for human rights, through a critical analysis of the way European judges deal with interferences in human rights (Ch. 5). Eventually, I defend the operating value of a philosophical argumentation theory for the protection of human rights in Europe (Ch. 6).Doctorat en Philosophie
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Chowdhory, Nasreen. "Belonging in exile and "home" : the politics of repatriation in South Asia." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=103193.
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My dissertation discusses refugee rights and post-repatriation integration in South Asia in the context of debates over "citizenship." Postcolonial state-formation processes in South Asia have profoundly shaped questions of belonging and membership. As a result, official citizenship has become an important marker of group inclusion and exclusion in South Asian states. Using the literature on citizenship, I discuss the "belonging" claims of non-citizens (refugees) and argue that in practice this "belonging" extends beyond the state-centric "citizenship" view of membership. In doing so, I address two sets of interrelated questions: what factors determine whether or not refugees will be repatriated in South Asia, and why do some repatriated groups re-integrate more successfully than others in "post-peace" South Asian states? I answer these questions through a study of refugees from Sri Lanka and Bangladesh who sought asylum in India and were later repatriated to their countries of origin. The politics of postcolonial state-formation and subsequent discriminatory policies on language in Sri Lanka and non-recognition of the Jumma people in Bangladesh encouraged many citizens to flee to India as refugees. I argue, first, that India's state-centric politics of non-recognition of the two refugee groups contributed to their later repatriation. In the absence of rights and status in exile, refugees turned to "home" as a place to belong. I then analyze the post-repatriation variations in accommodation in Sri Lanka and Bangladesh as most refugees attempted to reclaim the lost identity and "citizenship" at "home" through the process of repatriation. However these countries pursued strategies of limited accommodation, which led to the minimal or partial re-integration of the two returnee-refugee groups.
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Sadeldeen, Amro. "European civil actors for Palestinian rights and a Palestinian globalized movement: How norms and pathways have developed." Doctoral thesis, Universite Libre de Bruxelles, 2016. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/230778.
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The thesis is related to transnational social movements’ production of knowledge. Particularly, the research investigates the developed norms and pathways of a Palestinian-transnational movement (the Boycott, Divestment and Sanctions movement- The BDS movement) during its formation period. The thesis reviews major social movement theories (i.e. Sidney Tarrow and Margeret Sikkink). While benefiting from major aspects of these theories, the thesis discovers that the researched movement suggests major deviations from these theories. Hence, the thesis mobilizes other literature, particularly of Pierre Bourdieu, to better account for cultural and social dimensions. This choice is enforced by the presence of academics that form a pillar in the movement. Yet, the thesis mobilizes together diverse dimensions from social movement literature, sociology and history (i.e. the historical trajectory of individual and collective actors), and with a constant check with the case itself. The methodological choice of the research goes back and forth between theories and the case (abductive methodology). Two chapters of the thesis are dedicated to the agency of the Palestinian actors in addition to interactions inside the field of power in Palestine. Another two chapters discuss transnational relations with a focus on European actors. Specific cases are chosen from interactions with Belgian and British actors. Moreover, interactions in three transnational fora are discussed.The research concludes that this transnational movement infuses diverse norms from different experiences and regions while adhering to universal norms such as comprehensive human rights. Moreover, the movement follows diverse pathways that include a Palestinian emergence, a Global Southern path and through the North. And these pathways enforce the adherence of the movement to specific norms. Such findings diverge from “Euro-centric” approaches in discussed social movements’ literature in the thesis. The research finally discusses other literature more relevant to the case (i.e. by Amitav Acharya), which argues that local actors try to protect their norms from abuse by central forces, and they do not only import norms but also diffuse new norms. The thesis ends up with questions for further research on the patterns of norms diffusion.Doctorat en Sciences politiques et sociales
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Hebel, Kai. "Britain's contribution to détente : the Conference on Security and Cooperation in Europe, 1972-1975." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:aa245538-86bd-4942-a842-4eaeaae93a5f.
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This thesis examines Britain’s role in the Conference on Security and Cooperation in Europe (CSCE). Based on multi-archival research and interviews with key diplomats, it presents the first in-depth study of Britain’s involvement in the negotiations leading up to the Helsinki Final Act of 1 August 1975. It draws on Marc Trachtenberg’s notion of the ‘constructed peace’, and Alexander Wendt’s concept of ‘cultures of anarchy’ to elucidate how the rapprochement process at once stabilised and transformed the East-West conflict. This forms the theoretical framework of the thesis. The thesis revises the interpretation of détente as a status quo project driven by the imperatives of ‘Realpolitik’. Rather, different conceptions of stability and change challenged each other during the Helsinki talks. British diplomacy and the Final Act to which it contributed in fact linked the consolidation of the status quo to an ultimately transformative agenda that was infused with liberal ideas such as human rights. Realpolitik blended with Moralpolitik. To develop this argument, the thesis’ narrative first assesses Britain’s role in the early days of détente politics in the 1950s and 1960s. It then traces Britain’s role in the three main phases of the Helsinki process: the transition from bilateral to multilateral détente (1970-1972); preliminary talks (1972-1973); official negotiations (1973-1975). The British were defensive détente sceptics at the beginning of this process, but became ambitious and positive contributors over the course of the talks. The thesis thus argues that London played a significant part in the CSCE. British foreign policymakers were initially architects of the Cold War, but then early and active proponents of détente until the mid-1960s, when their continental partners adopted a more proactive approach. London was to return to the forefront of détente diplomacy when the CSCE process got under way. Its involvement in the CSCE also marked an important step in Britain’s own transformation into a European middle power. The multilateralisation of détente coincided with Britain’s integration into the European Community, providing a propitious environment in which London’s negotiators acted with determination and skill, thus reasserting their country’s influence despite its continuing relative decline.
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Hatton, Joshua Paul. "How and why did MARS facilitate migration control? : understanding the implication of migration and refugee studies (MARS) with the restriction of human mobility by UK state agencies." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:fd66b181-747d-4551-b6d2-8bf30741b835.
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This thesis makes two related arguments regarding the academic field of migration and refugee studies (MARS) and the control of migration by UK state agencies. The first, and more empirical one, is that the former facilitated the latter: the field’s members provided symbolic, technical, and pedagogic assistance to two non-departmental public bodies in controlling migration. The second, and more theoretical, argument of this thesis is that MARS facilitated migration control because of culture, power, and structure. It is through the field’s implication in the coercion of its human subjects by UK state agencies that MARS academics a) answered their calling, b) assisted class rule as ideologists, and c) separated sacred and profane by policing endogamy. The introduction describes the existing literature on the relationship between MARS and migration control. The consensus is that the former facilitated the latter. However, these studies fail to provide detailed accounts of the ways in which it did so. Chapter One defines the elements of my more empirical argument: MARS and migration control. An historical narrative outlines the institutional development of the field since its beginnings in the early 1980s. Then a new model for understanding migration control – i.e., migrant CODAR – is described. Chapter Two uses this model to trace the actor network through which MARS academics facilitated the restriction of their human subjects’ mobility by the UK state agencies of the Advisory Panel on Country Information and the Migration Advisory Committee. Chapters Three, Four, and Five use Weberian, Marxist, and Durkheimian anthropological approaches (respectively) to explain the implication of MARS and migration control that is described in Chapters One and Two. Finally, the conclusion of the thesis discusses its contributions to both more particular (i.e., the literature surveyed in the introduction on MARS and migration control) and more general (i.e., anthropology) scholarly fields.
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Matshakaile, Thabani Nkosiyapha. "Access to justice for non-citizens : a constitutional analysis." Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/86576.
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Thesis (LLM)--Stellenbosch University, 2014.ENGLISH ABSTRACT: The rights entrenched in the Bill of Rights in South Africa’s final Constitution are, with a few exceptions, guaranteed to citizens and non-citizens alike. South Africa has seen an influx of migrants, asylum seekers and refugees since 1994, and this migratory movement has posed significant challenges to the post-apartheid legal order. This thesis is concerned with the State’s implementation of its constitutional obligations to protect and guarantee the constitutional rights of everyone within the borders of South Africa. It is important that these constitutional obligations do not remain mere aspirations but should translate into reality. Most non-citizens living in South Africa face numerous barriers to accessing justice and the processes that could enable them to realise their rights. The thesis examines the concept of “access to justice” and investigates a number of obstacles encountered by different categories of non-citizens – such as refugees, asylum seekers and documented and undocumented migrants – in trying to access justice and to realise their rights. Against this background, arrest, detention and deportation under the Immigration Act and Refugees Act are examined because these processes have often been abused by State officials to prevent non-citizens from accessing the rights and protections guaranteed in these Acts and the Constitution, and to frustrate the implementation of court orders vindicating the rights of non-citizens. The application of the Immigration and Refugees Acts is discussed through the lens of sections 12(1), 33, 34 and 35(2) of the Constitution which ensure that arrest, detention and deportation are done in a lawful and procedurally fair manner, as opposed to the arbitrariness that most non-citizens experience on a daily basis. Secondly, the thesis also examines access to justice for non-citizens in the context of xenophobia and bias based crimes. The State has in the past failed to respond in a coordinated and timely fashion in the face of violent manifestations of xenophobia. Against this background, the State’s obligation to protect non-citizens from violence from either public or private sources in terms of section 12(1)(c) of the Constitution is discussed and analysed. The role, accessibility and effectiveness of Equality Courts are also examined in light of the Promotion of Equality and Prevention of Unfair Discrimination Act and the cases that were brought before them emanating from xenophobic incidents. The thesis concludes with proposals on areas which require better implementation of existing laws; and areas in which legislative reform is needed.
AFRIKAANSE OPSOMMING: Die regte wat in die Handves van Regte in Suid-Afrika se finale Grondwet veranker is, word op enkele uitsonderings na vir burgers en nie-burgers gewaarborg. Sedert 1994 het Suid- Afrika instroming van migrante, asielsoekers en vlugtelinge beleef, en hierdie verskuiwing het wesenlike uitdagings aan die post-apartheid regsorde gestel. Hierdie tesis is gemoeid met die Staat se implementering van sy grondwetlike verpligting om die grondwetlike regte van almal wat hul binne Suid-Afrika se landsgrense bevind, te beskerm en te waarborg. Dit is belangrik dat hierdie grondwetlike verpligtinge nie blote aspirasies bly nie, maar ’n werklikheid word. Die meeste nie-burgers wat in Suid-Afrika woon staar talle hindernisse in die gesig wat dit vir hulle moeilik maak om toegang tot geregtigheid te verkry en om hul regte te verwesenlik. Die tesis ondersoek die begrip “toegang tot geregtigheid” en bekyk aantal struikelblokke in die weg van verskillende kategorieë nie-burgers – soos vlugtelinge, asielsoekers en gedokumenteerde en nie-gedokumenteerde migrante – wat toegang tot geregtigheid probeer verkry en hul regte probeer verwesenlik. Teen hierdie agtergrond word arrestasie, aanhouding en deportering ingevolge die Wet op Immigrasie en die Wet op Vlugtelinge ondersoek, aangesien hierdie prosesse dikwels deur staatsamptenare misbruik word om nie-burgers te verhinder om toegang te verkry tot die regte en beskermings wat in hierdie wetgewing en in die Grondwet gewaarborg word, en om geregtelike bevele wat die regte van nie-burgers afdwing, te verydel. Die toepassing van die Wet op Immigrasie en die Wet op Vlugtelinge word deur die lens van artikels 12(1), 33, 34 en 35(2) van die Grondwet bespreek, wat probeer verseker dat arrestasie, aanhouding en deportering op regmatige en prosedureel billike manier geskied, in teenstelling met die willekeur wat nie-burgers op daaglikse basis ervaar. Tweedens ondersoek die tesis toegang tot geregtigheid vir nie-burgers in die konteks van vreemdelingehaat en misdade wat op vooroordeel gebaseer is. Die Staat het in die verlede in gebreke gebly om in die aangesig van gewelddadige manifesterings van vreemdelingehaat op gekoördineerde en tydige manier te reageer. Die Staat se verpligting om ingevolge artikel 12(1)(c) van die Grondwet nie-burgers teen geweld van hetsy openbare hetsy private oorsprong te beskerm, word bespreek en ontleed. Die rol, toeganklikheid en doeltreffendheid van gelykheidshowe word ook bespreek in die lig van die Promotion of Equality and Prevention of Unfair Discrimination Act en die sake wat deur hierdie howe beslis is wat uit xenofobiese voorvalle voortspruit. Die tesis sluit af met voorstelle oor terreine waar beter implementering van bestaande wetgewing benodig word, asook terreine waar wetgewende hervorming verlang word.
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Latif, Dilek. "Peace Building After Humanitarian Intervention: The Case Of Bosnia And Herzegovina." Phd thesis, METU, 2005. http://etd.lib.metu.edu.tr/upload/3/12606504/index.pdf.
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ABSTRACT
PEACE BUILDING AFTER HUMANITARIAN INTERVENTION: THE CASE OF BOSNIA AND HERZEGOVINA
Latif, Dilek
Ph.D., Department of International Relations
Supervisor: Prof. Dr. ihsan D. Dagi
August 2005, 379 pages.
This dissertation analyzes peace building process after humanitarian intervention. It conceptualizes peace building through questioning the feasibility of peace building following a humanitarian intervention. Addressing the deficiency of contemporary peace building approach, this thesis indicates the shortcomings of the various instruments of peace building in contributing peace and reconciliation on the case of Bosnia and Herzegovina (BiH). Besides, it shows the drawbacks of the current practice that peace building is a learning process, which employs the lessons learnt to advance the efficiency of peace building process.
There is a lack of comprehensive approach to peace building, based on case studies, evaluating the shortcomings and merits of all the instruments of peace building that provides a general strategy. Despite abundancy of policy oriented research to contribute policy making, academic work to analyze such a complicated phenomena has been frail. Within this context, contribution of the dissertation is to demonstrate the entire picture and question viability of the peace building process in war-torn societies. Therefore, it is enriching the study on the peace building operations.
Failure of institutionalization of peace in BiH after almost a decade of rigorous peace building efforts of the international community shows the fault of the mainstream understanding of peace building. The dissertation also unveils that engagement in Kosovo is the product of a similar strategy, which in practice either repeated the same fruitless methods or tried to build on the experience obtained in Bosnia but failed to heal up the troubles and challenges faced in Kosovo. Overall, the study points out the inevitability of a novel approach and an alternative peace building strategy beyond the policy-related focus.
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Salitan, Laurie P. "An analysis of Soviet Jewish emigration in the 1970s." Thesis, University of Oxford, 1992. http://ora.ox.ac.uk/objects/uuid:f984e4b9-f578-4ee9-89d5-b26a65cca29b.
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Domestic, not foreign affairs drove Soviet policy on Jewish emigration during the period of 1968-1989. This study challenges the prevailing view that fluctuating levels of exit from the USSR were correlated to the climate of relations between the USA and the USSR. The analysis also considers Soviet-German emigration for comparative perspective. Extensive historical background, with special emphasis on Soviet nationality policy is provided.
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Jonsson, Anna. "Judicial Review and Individual Legal Activism : The Case of Russia in Theoretical Perspective." Doctoral thesis, Uppsala : Faculty of Law & Department of East European Studies, Uppsala University, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-5811.
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Karakostaki, Charitini. "Les fêtes nouvelles. Enquête sur les idéaux de la société ouverte et leur mise en scène : Paris 1981-2014." Thesis, Paris Sciences et Lettres (ComUE), 2018. http://www.theses.fr/2018PSLEH030.
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La présente thèse porte sur la mise en place des nouvelles manifestations festives en France, et plus particulièrement à Paris, depuis les années 80. Ces fêtes marquent un déplacement par rapport aux fêtes « traditionnelles » qui étaient en grande partie organisées autour des concepts de sacré et de nation. Nourri par une observation ethnographique de plusieurs années, ce travail met en évidence une multiplicité de facettes des fêtes nouvelles: les processus de conceptualisation et de création par les autorités publiques ; leur gestion et mise en œuvre par des managers culturels ou par des associations et des collectifs ; l’invention de nouvelles formes rituelles ou l’adaptation de plus anciennes ; les mises en scène urbaines et l’emploi des codes distinctifs ; l’appropriation de ces fêtes par la société et les différents débats qu’elles ont soulevés. Chacune des trois parties de la thèse est consacrée à une fête. Une place majeure est réservée à la Fête de la musique, la Marche des fiertés et la Nuit blanche, sans pour autant passer sous silence d’autres fêtes résolument nouvelles et d’envergure, telles que la Capitale européenne de la culture et les Allumées de Nantes, permettant de mieux saisir les mutations qui s’opèrent au niveau européen. Enfin, s’appuyant sur la thèse classique de Durkheim, ce travail propose d’envisager ces fêtes comme points d’entrée pour appréhender les idéaux de la société ouverte. L’intention affirmée des organisateurs de mettre en place une nouvelle conception du vivre ensemble et du lien social, est à bien des égards l’occasion de célébrer une société française et européenne, pacifique, réconciliée et toléranteThe present thesis examines the installation of new festive events in France, and more particularly in Paris, since the 80s. These celebrations mark a shift in regard to "traditional" celebrations which mostly revolve around the concepts of the sacred and the nation. Nourished by an ethnographic observation of several years, this work highlights a variety of aspects: the process of their invention and their creation and by the public authorities; the supervision of the events by cultural managers or associations and collectives; the invention of new ritual forms and the adaptation of older ones; the design of the urban scenery and the use of distinctive codes; the appropriation of these events fro, the society and the various debates to which they gave rise. Each part of the thesis deals with a celebration in an independent way. The Fête de la musique, the Gay Pride and the Nuit blanche are analyzed here in priority. However, next to them parade also other events, entirely new and ambitious, such as the European Capital of Culture and the Allumées of Nantes which offer a better insight into changes that took place on a European level. Finally, based on Durkheim's classic thesis, this work proposes to consider these festive events as an entry point into a greater inquiry about the ideals of the open society. The asserted intention of the organizers to put in place a new conception of living together and the social bond is in many ways the occasion to celebrate a French and European society, that is peaceful, reconciled and tolerant
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Fulda, Christian B. "Demokratie und pacta sunt servanda." Doctoral thesis, [S.l. : s.n.], 2002. http://deposit.ddb.de/cgi-bin/dokserv?idn=966406508.
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CORNELISSE, Galina. "Immigration detention, territoriality and human rights : towards destabilization of sovereignty's territorial frame." Doctoral thesis, 2007. http://hdl.handle.net/1814/7028.
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Defence date: 7 May 2007Examining Board: Prof. Neil Walker (Supervisor, European University Institute) ; Prof. Marise Cremona (European University Institute) ; Prof. Pieter Boeles (Leiden University) ; Prof. Dora Kostakopoulou (University of Manchester)
First made available online on 10 July 2018
From a sociological point of view, camps or transit zones may present the institutionalisation o f temporariness as a form of radical social exclusion and marginalisation in modem society and a conservation of borders as dividing lines
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SLINN, Ania. "Should the law relating to cahabitees standing as surety for their partner's debts be kept on a purely national level : can we have European harmonisation in this area?" Doctoral thesis, 2000. http://hdl.handle.net/1814/5636.
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Award date: 15 December 2000Supervisor: C. Joerges
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
This paper will approach the possibilities of transplantation and harmonisation of laws in a social field, through the application of a case study to the theory that surround this area. The case study focuses on the laws of England, Scotland and Poland. I t relates to the situation in which a spouse (or cohabitee) needs to place their home as surety, in order that a bank will provide a loan to the other spouse. The law governs the legal rules that surround the situation where the borrowing spouse becomes insolvent. I t will be questioned, in the context of a broader discussion on the possibility of harmonisation and transplantation, whether (and how fa r) this area of law could be harmonised. Particular emphasis will be given to differences in culture leading to problems for this process. The discussion will be based, firstly, on the theoretical possibility of transplantation. This will then be focussed on the concrete situation of the European Union as an arena for harmonisation. Throughout, the academic debate will be contrasted and compared wit the case study, to focus the discussion and discern the insights that such a practical example can bring to this field.
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Ramoroka, Veronica. "The determination of refugee status in South Africa : a human rights perspective." Diss., 2014. http://hdl.handle.net/10500/13850.
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The South African Refugees Act1 makes a distinction between an asylum seeker and a refugee. The Act defines an asylum seeker as “a person who is seeking recognition as a refugee in the Republic”. A refugee on the other hand, is a person “who has been granted asylum” in the Republic.2 The legal position in South Africa is that before a person is recognized as a refugee, he or she is protected by the Bill of Rights to a certain extent. In the case of Lawyers for Human Rights v Minister of Home Affairs the Constitutional court confirmed that the protection afforded by the Bill of Rights applies to everyone, including illegal foreigners and asylum seekers.3 This means that asylum seekers and refugees are entitled to most of the rights in the Constitution except those specifically reserved for citizens. Practically though, a refugee enjoys more rights than an asylum seeker. It is therefore in the interest of asylum seekers to have their status as refugees determined.
The process of applying for refugee status can be a challenge for those seeking refuge in the Republic of South Africa. For applicants coming from non-English speaking countries, language barrier can also present its own challenges. In terms of the Refugees Act, the first application is to the Refugee Reception Officer at the refugee reception office. The application must be made in person.4 When an asylum seeker is deemed fit to qualify for asylum, he or she will be issued with a permit in terms of section 22 of the Refugees Act. The permit allows the asylum seeker to temporarily reside in South Africa until the finalisation of the asylum claim. This permit does not mean that the asylum seeker is already recognised as a refugee. The permit is an indication that the asylum seeker’s application as a refugee is not yet finalised. The application is considered finalised when it has gone through the hearing before the Status Determination Officer and any review or appeal following from that decision.
It is the Refugee Status Determination Officer who will grant asylum or reject the application.5 For people applying for refugee status, the determination by the Status Determination Officer may in itself mark the beginning of the process to be repatriated back to the country they were running away from in the first place. An aggrieved applicant can also apply to have the adverse decision reviewed or even lodge an appeal in accordance with the provisions of the Refugees Act.6 For as long as the application is still pending, the government cannot deport any asylum seeker.
An asylum seeker who enters the Republic of South Africa, either through a port of entry or illegally faces many challenges before he or she could reach a refugee reception office. Those who come in through a port of entry face being turned away by Immigration Officers due to lack of documentation. Often, asylum seekers find it hard to reach the refugee reception offices as there is no co-operation between the Immigration Officers, the South African Police Service and the functionaries in the refugee reception offices. To make things worse, the Immigration Amendment Act has reduced the days from fourteen to five, for asylum seekers without valid documentations to reach any refugee reception office. Since refugee reception offices are located only in five cities in the country, these have conditioned asylum seekers and refugees to stay and make their living in those cities as they are required to make frequent renewal of their permit. The closure of some of the refugee reception offices like the Johannesburg refugee reception office has caused a major concern to asylum seekers and refugees. This persistent closure of refugee reception offices may be seen as a further persecution in the eyes of asylum seekers and refugees.
The inability of the different functionaries to differentiate between asylum seekers and economic migrants adds to the problem concerning the process of refugee status determination. Instead of seeking to identify people in need of protection from persecution or events seriously disturbing public order, the process is used as an immigration control and this causes more people to be turned away or returned to countries where their lives may be at risk. The communication between the asylum seeker and all the functionaries of the Department of Home Affairs is very important. The lack of professional interpretation functionaries to help asylum seekers who need interpretation contributes to the problems asylum seekers face. Often, asylum seekers have to provide their own interpreters if the Department is unable to do so. The purpose of the study is to investigate the status determination process from a South African perspective and to make recommendations which will try to resolve the problem(s) identified.Public, Constitutional, & International
LLM
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ZUCCA, Lorenzo. "Constitutional dilemmas : conflicts of fundamental legal rights in Europe and in the USA." Doctoral thesis, 2005. http://hdl.handle.net/1814/4829.
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Defence date: 23 May 2005Examining Board: Prof. Wojciech Sadurski, supervisor ; Prof. Otto Petersmann (Paris I), co-supervisor ; Neil Walker, reader ; Stephen Perry (NYU), reader
First made available online 28 November 2016
This dissertation deals with one of the most important issues of philosophy of law and constitutional thought: that of conflicts of fundamental rights Comparative analysis, with perspectives from European and American legal systems Analyses actual cases of conflict, such as privacy versus free speech, and the Terri Schiavo physician assisted suicide case This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental legal rights and the nature of conflicts among them. Theories of rights are necessarily abstract, aiming at providing the best possible answers to pressing social problems. Yet such theories must also respond to the real and changing dilemmas of the day. Taking up the problem of conflicting rights, Zucca seeks a theory of rights that can guide us to a richer, more responsive approach to rights discourse. The idea of constitutional rights is one of the most powerful tools to advance justice in the Western tradition. But as this thesis demonstrates, even the most ambitious theory of rights cannot satisfactorily address questions of conflicting rights. How, for instance, can we fully secure privacy when it clashes with free speech? To what extent can our societies assist people in dying without compromising the protection of life? Exploring the limitations of the rights discourse in these areas, Zucca questions the role of law in settling ethical dilemmas helping to clarify thinking about the limitations of rights discourse.
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SKOVGAARD, Jakob. "Preventing ethnic conflict, securing ethnic justice? The Council of Europe, the EU and the OSCE high commissioner on national minorities' use of contested concepts in their responses to the Hungarian minority policies of Hungary, Romania and Slovakia." Doctoral thesis, 2007. http://hdl.handle.net/1814/7040.
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Defence date: 23 May 2007Examining board: Prof. Michael Keating (EUI, supervisor) ; Prof. Frank Schimmelfennig (ETH Zürick)(External supervisor) ; Prof. Will Kymlicka (Quenn's University, Ontario) ; Prof. Rainer Bauböck (EUI)
This thesis analyses the policies aimed at influencing the situation of the Hungarian minorities in Romania and Slovakia undertaken by three European organisations, the Council of Europe, the EU and the OSCE High Commissioner on National Minorities. The focus is on the way in which the organisations have conceptualised contested concepts concerning national minorities, minority rights and minority policy in general, when reacting to the policies of the Hungarian, Romanian and Slovak states that have been directed at the Hungarian minorities. Starting with the assumption that many of the concepts upon which minority policies are based are essentially contested, the thesis sets up a framework for analysing the use of specific interpretations of such concepts in argumentation. More specifically, the framework makes it possible to look at how specific interpretations or conceptualisations of such concepts have been used as implicit warrants. By analysing the use of warrants in the texts issued by the organisations in the arguments reacting to the Hungarian minority policies of the three organisations, the thesis provides a picture of how the conceptualisations of different contested concepts developed. Furthermore, by comparing the use of conceptualisations by the organisations, it is argued that although the organisations started out from different positions, they have gradually converged. And this convergence was centred on the emergence of an ideal minority policy which framed the minorities as unitary entities, which should have the right to influence decisions affecting them as minorities. This convergence was due to the appearance of the Framework Convention on the Protection of National Minorities, increased cooperation between the organisations and the reliance of the EU on the assessments of the other two organisations in the context of EU enlargement. Yet, the organisations have often been incoherent, and have treated different issues from very different perspectives.
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NANNERY, Aoife. "The 'conscience of Europe' in the European sovereign debt crisis : an analysis of the judgments of the European Court of Human Rights and the European Committee of Social Rights on austerity measures." Doctoral thesis, 2015. http://hdl.handle.net/1814/39046.
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Award date: 30 November 2015Supervisor: Professor Claire Kilpatrick, European University Institute
This thesis is an analysis of judgments of the European Court of Human Rights and the European Committee of Social Rights arising from austerity measures in the European sovereign debt crisis. The thesis considers the protection afforded to socio-economic interests under the two systems, and how this protection has been tested by the challenges arising from the economic crisis. The first chapter is an analysis of the social Euro-crisis cases. Brought under Article 1 of Protocol 1 to the ECHR the measures enacted to reduce government spending were an alleged violation of the right to property. Almost all of the social Euro-crisis cases were held to be inadmissible by the Court, which cited the gravity of the economic crisis in the respondent states and the executive’s margin of appreciation in matters of social and economic policy. The second chapter places the social Euro-crisis cases in context temporally and thematically, in considering two previous lines of case law developed by Strasbourg: financial and economic stability, and emergency and exceptional circumstances. The ECtHR decisions focus on the severity of the crisis, determining that the margin of appreciation is broader in such circumstances. The ECtHR section concludes that it does not appear that the European sovereign debt crisis has seen Strasbourg develop any definitive crisis approach to ensure that Convention rights are protected in times of economic instability. The third chapter examines the case law generated by the European Committee of Social Rights during the same period. This section serves to act as a counterpart to the ECtHR section. The Committee emphasised that times of crisis require socio-economic rights to be protected, and finds many of the challenged austerity measures incompatible with the European Social Charter.
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Müllerová, Alexandra. "The Migrant Crisis and its Representation in Frankfurter Allgemeine Zeitung and Lidové noviny." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-350738.
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Over the last two years the number of refugees and asylum seekers in European countries dramatically increased, with asylum claims mostly originating from countries affected by war and poverty, especially in the Middle East, Africa, and the Balkans. The rapid increase of the mobility of migrants raises contradictory reactions in society and individual countries can not agree on an acceptable solution. Against the background, Western European countries usually approach the immigrants more openly than Eastern European countries. A big role in the question of acceptance of migrants in different countries is played by the media. In contemporary society, the media constitute the main source of information about what is happening in the world and intermediate events in which the public cannot participate directly. Therefore it is important to examine how mass media in Eastern and Western European countries present the issues of solidarity, human rights, and the right to asylum. The aim of this master thesis is to find out what the main differences are in the case of printed mass media and whether the western newspapers create a better image of refugees than eastern media. As a representation of an Eastern European medium one Czech daily newspaper was chosen and from Western newspapers one German medium...