The European Court of Human Rights by Helmut P. Aust (Editor); Esra Demir-Gürsel (Editor)ISBN: 9781839108334
Publication Date: 2021-04-20
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.Written by a group of established and emerging experts from diverse backgrounds, this book offers a fresh perspective on the questions and challenges facing the ECHR, bringing together different, and thus far isolated, strands of academic and political debate. Contributions combine historiographical insights with explorations of the current and pressing need for the ECHR to find a role for itself, especially in an environment where there is increased scepticism towards the idea of human rights protection. In particular, the critical conception of the Convention as an 'alarm bell mechanism' is examined and assessed in relation to its original goal to prevent authoritarian backsliding.The European Court of Human Rights: Current Challenges in Historical Perspective will be an important source of reference to academic researchers and students with an interest in human rights, international law and the law and politics of international organisations. It will also appeal to policymakers and legal practitioners due to its examination of pertinent legal and political issues that challenge international organisations.
The European Union by Lars Oxelheim (Editor); Antonina Bakardjieva Engelbrekt (Editor); Anna Michalski (Editor); Niklas Nilsson (Editor)ISBN: 9781788111041
Publication Date: 2018-04-27
Security in the European Union (EU) is an increasingly complex problem, with the spectre of disintegration looming over the Eurozone, and the threat of terrorism, insecurity and the long-term sustainability of food supply and fresh water reaching levels of crisis. This interdisciplinary book provides a unique insight into the multiple security threats that the EU is facing, and gives readers invaluable information about the challenges these pose to the Union.With contributions from scholars of economics, law and political science, The European Union: Facing the Challenge of Multiple Security Threats provides a comprehensive analysis of contemporary security problems for the EU. Focusing on the latter end of the 2010s, this book examines in great detail the impact that developments in the rest of the world have had on the Union's vulnerable state. Among the key contemporary issues examined are the migration crisis exacerbated by the conflicts in Syria and Libya, the increasingly strained relationship between the EU and Russia as well as the changing circumstances in the EU-US relationship brought on by Donald Trump's presidency.Tapping into the internal and external causes and impacts of security problems in the EU, this book offers important policy ideas for the future of the Union. It constitutes a vital read for policy makers and advisors in the EU, as well as for scholars of European political science, economics, and law.
Les dimensions constitutionnelle et opérationnelle de la solidarité dans les politiques d’asile et de contrôle des frontières; Daniel Thym et Evangelia Tsourdi in:
Les solidarités européennes:Entre enjeux, tensions et reconfigurations by Ramona Coman, Louise Fromont, Anne Weyembergh
ISBN: 9782802764984
Date de parution: Octobre 2019
La solidarité est l’une des valeurs fondamentales sous-tendant le processus d’intégration européenne. Au centre des discours politiques depuis le début des années 1950, elle a été invoquée comme vecteur de rapprochement des États membres et de leurs populations.De nombreuses dispositions juridiques, dans les traités européens notamment, s’y réfèrent, et ce dans divers secteurs du droit de l’Union. La solidarité pose néanmoins de très nombreuses questions. Elle est aussi au coeur de tensions entre États, de reconfigurations et d’enjeux majeurs pour l’Europe d’aujourd’hui et de demain. Cet ouvrage propose une étude interdisciplinaire et comparative approfondie des implications et des défis que la solidarité représente pour l’Union européenne. Il est le produit d’une recherche collective menée au sein de l’Institut d’études européennes de l’Université libre de Bruxelles (IEE-ULB) dans le cadre d’un projet Jean Monnet (Centre d’excellence). Cette recherche allie les approches politique, juridique, historique de l’intégration européenne.
Transnational Mobility and Global Health by Peter H. KoehnISBN: 9780815357469
Publication Date: 2018-09-04
Transnational Mobility and Global Healthspotlights the powerful and dynamic intersections of human movement, inequality, and health. The book explores the interacting political, economic, social, cultural, and climatic drivers of health and migration, proposing innovative ways to enhance global health and care provision in an era of transnational mobility. As health security continues to rise up the agenda in international politics, the book also analyses the political determinants of health and migration. Within the framework of key drivers of unequal mobilities, this book treats interconnected health and migration themes not covered elsewhere under one cover: health tourism, conflict-induced and other vulnerable-population movements, humanitarian crises, human rights, the health-development linkage, migrant health-care, and health-competency education. The book also considers global health vulnerabilities in the wake of climate change, and the biomedical, ethical, and governance challenges of emerging and reemerging infectious diseases. Finally, the book suggests ways of evaluating mobility-influenced health outcomes and equity impacts, and explores how the global circulation of health expertise could help to rectify care-provider shortages. The challenges to global health considered in this book are only likely to become more intense as the 21st-Century surge in transnational migration continues. Readers will gain interdisciplinary appreciation for the relevance of health for migration and of migration for global health. Researchers, students, practitioners, and policy makers interested in individual and population health, sustainable development, and migration studies will find this book a useful and inspiring guide to contemporary global challenges.
EU Global Strategy and Human Security by Mary Kaldor (Editor); Iavor Rangelov (Editor); Sabine Selchow (Editor)ISBN: 9781138098961
Publication Date: 2018-04-11
Despite Europe’s mass investments in advanced border controls, people keep arriving along the continent’s shores under desperate circumstances. European attempts to ‘secure’ the borders have quite clearly failed – yet more of the same response has again been rolled out in response to the ‘refugee crisis’ since 2015. Amid the deadlock, this chapter argues that we need to grasp the mechanics and logics of the European ‘border security model’ in order to open up for a change of course. Through ethnographic examples, the chapter shows how the striving for border security under a prevailing emergency frame has generated absurd incentives, negative path dependencies and devastating consequences. At Europe’s frontiers, an industry of border controls has emerged, involving European defence contractors, member state security forces and their non-European counterparts, as well as a range of non-security actors. Whenever another ‘border crisis’ occurs, this industry grows again, feeding on its own ‘failures’. This vicious cycle may be broken once policy-makers start curtailing the political economies of border security underpinning it – yet the challenges are formidable as the industry retrenches along with the political response to the drama it has itself produced.
Migrationspolitik; Marion Möhle in:
Europäische Sozialpolitik by Marion MöhleISBN: 9783658284091
Publication Date: 2020-06-27
Die Migrations- und Asylpolitik ist nicht erst seit 2015 für die EU ein relevantes Thema, hat aber natürlich durch die hohe Zahl geflüchteter Menschen seitdem an Bedeutung gewonnen. Dabei ist zwischen den beiden Politikfeldern der Einwanderungs- und Integrationspolitik einerseits und der Asyl- und Fluchtpolitik andererseits zu unterscheiden.
International Security Management by Gabriele Jacobs (Editor); Ilona Suojanen (Editor); Kate Horton (Editor); P. Saskia Bayerl (Editor)ISBN: 9783030425227
Publication Date: 2020-08-08
This chapter discusses the European Joint Master’s in Strategic Border Management (EJMSBM), a joint degree coordinated by Frontex and implemented by six European higher education institutions. The joint degree is a unique living example of strategic cooperation in action, in the classroom and in the operational field, as a response to the emerging need to ensure a strategic management approach to EU border security challenges in the context of increasing migration pressure. The research reveals the value of international cooperation and networking via higher education for the development and maintenance of human resources to overcome ever growing challenges to EU border security. The chapter presents exploratory research findings based on the views of representatives of EJMSBM alumni and EU Member States’ and Schengen Associated Countries’ border and coast guard agencies.
Use and Misuse of New Technologies by Elena Carpanelli (Editor); Nicole Lazzerini (Editor)ISBN: 9783030056476
Publication Date: 2019-05-24
New technologies are transforming human mobility while raising new legal issues. This is also affecting the control of migratory flows, with an increasing recourse to sensor technology and unmanned aerial vehicles. In the European Union, this trend is coupled with an acceleration of the standardisation process of computer systems’ interconnection, aimed at fine tuning access to information and personal data by surveillance authorities. The Chapter depicts the normative, institutional and operational design of the Union as an area in which the lion’s share of internal security is ensured through new technologies and information systems. It then turns to analyse the legal challenges arising from the crafting of “smart borders”, i.e. borders based upon automation of surveillance and system interoperability. Two main research questions are tackled: first, how these new features affect the EU integrated border management; and, second, whether the existing legal framework of EU law can accommodate this change. Apparently, the search for enhanced interoperability may stretch even further the tensions underpinning the Area of Freedom, Security and Justice, so that the more interoperable EU surveillance systems become, the less coherent the EU legal order risks being.
Security and Defence in Europe by J. Martín Ramírez (Editor); Jerzy Biziewski (Editor)ISBN: 9783030122928
Publication Date: 2019-06-13
A series of considerations on the refugee crisis in Europe are offered in order to find more pragmatic and sensible solutions. Without loosing, as a main idea, the humanitarian duties we all have in front of people in difficult situations and in troubles, a global problem like this one cannot be solved without a minimum control and an adequate immigration policy. Keeping in mind the following considerations as priorities, including: not eluding the distinction between refugees and migrants, keeping them as close as possible to their home countries, and helping in the stabilisation and development of their own states, which is the best way to prevent massive displacements. Integrating over 1 m of displaced people should not undermine civilizational roots of the host countries. And, last but not least, we cannot close our eyes to a series of security challenges faced by Europe, such as a higher level of delinquency, drug addiction, people-smugglers, or infiltration of terrorists.
Research Handbook on International Law and Terrorism, Second Edition by Ben Saul (Editor)ISBN: 9781788972215
Publication Date: 2020-04-06
International refugee law relates to terrorist activities in a number of ways. This chapter will first consider how far the threat of terrorism can form the context for persecution for the purpose of obtaining refugee status. It secondly explores how involvement in terrorism should be addressed in the law on exclusion from refugee status. It proceeds on the basis that while states have the right and, within appropriate constraints, the obligation to combat terrorism, international law also provides that not all measures are permitted, including (and perhaps especially) in the context of protecting refugees.
Research Handbook on Modern Legal Realism by Shauhin Talesh (Editor); Elizabeth Mertz (Editor); Heinz Klug (Editor)ISBN: 9781788117760
Publication Date: 2021-03-26
This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law.Highlighting a contrast with the current Empirical Legal Studies movement, chapters employ a variety of theoretically grounded methods to understand law and address legal problems. They explore an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with an examination of how different social science disciplines intersect with NLR. Incorporating global perspectives, the Research Handbook on Modern Legal Realism will be a key resource for scholars and students of legal theory and socio-legal studies. Illuminating the best approaches for combining social science considerations with expert perspectives on legal doctrines, it will also be of interest to practitioners and policy makers working in fields such as criminal and family law.