Suchergebnisse

Introduction -- I. Literature Review and the Current Debate -- II. The Argument -- III. Chapter Synopses -- Part I: Conceptual Outlines -- 1. Human Security: An Overview -- I. Historical Evolution of Human Security -- II. The 2012 'Common Understanding' of Human Security and Beyond -- III. International, Regional and National Uses of Human Security -- IV. A Holistic Human Security: All Human Rights and a Threshold Definition -- 2. Human Security, International Law and Human Rights -- I. International Law, Risk and Structural Vulnerability -- II. Human Security and Human Rights -- 3. The Human Security-Human Rights Synergy -- I. Article 28 of the UDHR and Human Security: An Enabling Environment -- II. Human Security and 'Core Content' of Human Rights -- III. The Framework in a Nutshell -- Part II: Practical Applications of the Human Security-Human Rights Synergy in Legal Analysis -- 4. Violence against Women, Human Security and Women's Human Rights -- I. Introduction -- II. Human Security and its Gender Implications -- III. VAW under Human Rights Law: Demarcating the Scope of Human Security -- IV. Human Security and VAW: Synergies Reinforcing Women's Human Rights -- V. Some Conclusions: Gendered Human Security and the Right to Live Free from Violence -- 5. Human Security and Rights of Undocumented Migrants and Other Non-Citizens -- I. Introduction -- II. Undocumented Migrants, Other Non-Citizens, and Human Security -- III. International Human Rights Law on Migrants and Non-Citizens -- IV. A Human Security Lens to Migrant Human Rights: Legal Irregularity as a Source of Risk -- V. Some Conclusions: Migratory Regimes as the Ultimate Test to Human Security -- and Human Rights -- 6. Undocumented Female Migrants and Illustrative Migrant Cases -- I. Introduction -- II. Undocumented Female Migrants: Workers and Women at Risk -- III. Illustrative Legal Cases of a Human Security Approach to Migrants' Human Rights -- IV. Some Conclusions on Undocumented Migrants and Women: Human Security as the 'Right to Have Access to Rights' -- 7. Conclusions on the Human Security-Human Rights Synergy and Prospective Routes -- I. Some Conceptual Conclusions -- II. Legal Interaction: Interpretative Synergies Between Human Security and Human Rights -- III. Prospective Routes

Résumé
Un parallèle conceptuel existe entre le droit international des réfugiés
et le droit international humanitaire. Tous deux ont pour origine la
nécessité d'assurer une protection aux individus se trouvant sur le
territoire d'un État dont ils ne sont pas des ressortissants. Tous deux sont
en outre dotés d'une institution qui a pour mandat d'assurer protection et
assistance aux personnes relevant de leur champ d'application. De plus en
plus, des réfugiés et d'autres groupes sont déplacés en raison de conflits
internes ou de troubles civils. Pourtant, la relation qui existe entre les
deux domaines du droit international et la capacité du droit international
humanitaire de compléter, renforcer et favoriser le développement ou
l'interprétation du droit des réfugiés n'ont pas évolué de manière à
répondre aux situations sur le terrain. Le moment est venu d'engager un
réexamen approfondi.

Experience shows that there is often ample room for more effective and efficient use of investment tax incentives in low-income countries. Tax incentives generally rank low in investment climate surveys in low-income countries, and there are many examples in which they are reported to be redundant, that is, investment will have been undertaken even without them. And their fiscal cost can be high, reducing opportunities for much-needed public spending on infrastructure, public services or social support, or requiring higher taxes on other activities. This paper responds to a request of the G20 Development Working Group for an exploration of options for low-income countries' effective and efficient use of tax incentives for investment. To that end, it develops principles for the design and governance of tax incentives and provides guidance on good practices in these areas. Since much of the pressure to offer incentives stems from an awareness of those offered by other countries, the paper also discusses options for international coordination to address the risk of mutually damaging spillovers from such tax competition. Finally, a separate background document develops practical tools and models that can help assess the costs and benefits of tax incentives, which is essential for informed decision making. The aim is thus to assist low-income countries (LICs) in reviewing and reforming their tax incentives, so as to better align them with their developmental objectives. This paper relates to other global initiatives aimed at strengthening domestic revenue mobilization in LICs.

What are the relations between the emergence of a state on the international scene and nuclear proliferation? The claim that the acquisition of nuclear arms systems is a condition or consequence of the emergence of a state is here called into question on the basis of a tripartite analysis. First, at the methodological level, Edward Carr's original intuition concerning the teleological aspect of the discipline of international relations is reaffirmed by establishing on the basis of six precise indicators the homology between a received understanding of nuclear history as the history of proliferation and developmentalist thought, both of which are teleological. It is then demonstrated at the empirical level that many proliferating states have not in fact emerged while some emergent states have not chosen to acquire nuclear arms systems. At the policy level, finally, it turns out that the correlation between emergence and proliferation is not just incomplete and unsound: if its aim is to identify suspects of proliferation in order to better prevent the latter, it can in fact prove counter-productive. Adapted from the source document.

Many commentators suggest that states have a human rights obligation to prevent the spread of HIV/AIDS within their borders. Specifically, state HIV/AIDS prevention obligations are often premised on the "right to health" contained within many international human rights documents. Other approaches encourage states to implement AIDS prevention measures by emphasizing the detrimental effects of AIDS on economies and national and international security instead. Many commentators who adhere to the health-and-human-rights model, however, reject such other approaches as overly concerned with the interests of developed countries and lacking the ethical focus that underlies health and human rights. Implicit in such arguments is the suggestion that the health-and-human-rights approach is, or should be, the exclusive or preeminent way to encourage states to comply with suggested AIDS prevention measures. The health-and-human-rights approach, however, is not universally relevant to the development of AIDS prevention measures. This is particularly evidenced by Burma, a country that has failed to take any significant steps to abate its quickly accelerating HIV/AIDS crisis despite the government's official statements and actions manifesting an intent to combat the epidemic. Burma's failure is especially disquieting in light of the proven success of measures suggested by international health and AIDS organizations, and models offered by countries such as Thailand with similar epidemics and winning prevention strategies. International human rights law lacks the binding or enforcement power to compel the state's compliance with international HIV/AIDS agreements, and the abysmal health and human rights record of the Burmese government suggests that Burma is unlikely to be swayed by the ethical call of a health-and-human-rights approach. Thus, Burma serves as an example of where the health-and-human-rights approach fails to bring about compliance with HIV/AIDS prevention measures, highlights the weaknesses of the approach, and ...

"It will be either a colossal success or a colossal failure, and time alone can decide which." This was the prediction of Edward Rosewater, editor and publisher of the Omaha Daily Bee, regarding his city's Trans-Mississippi and International Exposition, held from June to November 1898. The few historians who have studied the event agree that the exposition was a huge commercial success. The fair drew over 2.7 million visitors to a remote and economically depressed city during wartime, and those who purchased stock in the exposition corporation gained over a ninety percent return on their investment.[2] The exposition also gained national attention as host to a victorious President William McKinley just weeks after the American military defeated the Spanish in the "splendid little war." The exposition's greatest triumph, however, was the popularity of its leading exhibit, the Indian Congress. Conceived by Rosewater himself, the Indian Congress was intended to provide fairgoers an opportunity to observe thousands of Native Americans from across the continent engaged in all of the manners of their traditional culture. Because many believed that Indian culture would soon become extinct through government efforts to assimilate Native Americans into white society, the exhibit was widely promoted as the "last chance" to see a "dying race." It was designed with the help of James Mooney, a prominent expert from the Bureau of American Ethnology, and was the first exhibit of its kind ever to be funded by the federal government. In addition, the exhibit received the endorsement of leading proponents of Indian schools, since they believed the Indian Congress would demonstrate to the public the importance of assimilating Native Americans into mainstream American society. Unfortunately for Rosewater and Mooney, circumstances beyond their control resulted in the exhibit being radically different from what they had intended. Due to the outbreak of the Spanish-American War in April 1898, congressional approval of the allocation for the Indian Congress was held up, and the proposed funding was drastically reduced from an anticipated $100,000 to just $40,000.[1] The final approval for the provision did not come until a month after the exposition had already begun. Worse, the final version of the bill which passed Congress specified that it was not the Bureau of American Ethnology which would control the planned exhibit, but rather the Bureau of Indian Affairs. The Indian Affairs Commissioner, William A. Jones, was not committed to the original design of the Indian Congress, and his selection to oversee the project, Captain William A. Mercer, chose to employ the hundreds of Native Americans in attendance in regularly-scheduled sham battles. The Indian Congress continued to be promoted as a "serious ethnological exhibit," but had been corrupted into a profit-driven Wild West show. To those who had endorsed the original design of the project, the result was a debacle. But to the public, the exhibit became the most memorable and entertaining spectacle of the exposition. The popular success of the Indian exhibit at the Trans-Mississippi Exposition ultimately led to the addition of similar "Indian Congresses" featuring sham battles at future expositions. Ethnologists would attempt to compete with their own exhibits, but they would struggle to attract public interest.

AbstractTrade relations face unprecedented challenges, which has led to an increased politicisation and contestation of trade rules. In response, the EU has changed its trade policy under the motto 'Open Strategic Autonomy' towards a more assertive policy. The EU seeks to significantly expand its room of manoeuvre and to gain more autonomy by strengthening the enforcement of its trade rights and by ensuring more effectively, including unilaterally, a level playing field. This reorientation engenders several new or amended trade policy instruments, but meets with reservations as the renewed politicisation of EU trade policy will have internal consequences and raise demands for more democratic accountability of the European Commission. The new policy instruments will enlarge its leeway in trade policy. The future of the EU's multilateral, rule‐ instead of power‐oriented political stance becomes unclear, which might undermine its negotiation position in WTO reform and collide with the EU's respect for international law. The tensions of the EU's new hybrid approach with its international commitments even more fuel demands for increased accountability of the Commission as a safeguard against employing the new powers for protectionism and disrespect to international law. The contribution analyses the need for increased Commission accountability in the redirected trade policy.

Do fighters associated with non-state armed groups have the combatant's privilege in armed conflict? Non-state armed groups are commonplace in contemporary armed conflicts. However, international humanitarian law (IHL), particularly the law that pertains to combatant's privilege and prisoner of war status, was designed with state actors in mind. This article assesses the conditions under which the members of non-state armed groups have combatant's privilege. Throughout, it uses the case of Kurdish fighters in Syria as an example of the timeliness of this question and its ramifications for conflict actors. This article notes, with support from the Geneva Conventions, Additional Protocols, and other sources of IHL, that IHL does not foresee a combatant's privilege for armed groups in a non-international armed conflict. It contends, however, that the international community should agree to a generalisable rule for the treatment of fighters as combatants regardless of conflict type, if these fighters demonstrate the capability and willingness to adhere to IHL. Such a rule would reduce the need to assess both conflict type and the status of individual fighters should they be captured, and more importantly, it would incentivise continued compliance with IHL.