Suchergebnisse

International law in general — Sources — International criminal law — International treaties as sources of — The law of AustriaJurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Terrorist offences by Austrian nationals directed against Italy — Whether such crimes constitute acts of high treason against Austria — Whether any rule of general international law that political crimes against foreign State committed for the benefit of forum State are not punishable in forum State — Development of international criminal law — Restrictions on prosecution of political offences against foreign States — Whether notion of political offence includes explosive offences — The law of Austria

The individual in international law — Aliens — Expulsion of Right of expulsion — Conviction of aliens for terrorist offences Mandatory requirement for expulsion of aliens committing such offences in forum State — Whether expulsion admissible where aliens assimilated to nationals of forum State for administrative purposes — The law of AustriaJurisdiction — In general — Territorial — Jurisdiction over foreigners — Terrorist offences by aliens directed against Italy — Criminal acts committed in forum State with the intention of furthering political crimes abroad — Whether punishable in forum State — Relevance of political nature of offences — Expulsion of aliens following conviction — Whether admissible where aliens assimilated to nationals of forum State for administrative purposes — The law of Austria

AbstractSituated at the interplay between ethnic politics, migration, border, and security studies, this contribution analyzes processes of securitization of borders in South Tyrol, an Italian province bordering Austria and Switzerland with a German- and Ladin-speaking population and a past of ethnic tensions. South Tyrol is considered a model for fostering peaceful interethnic relations thanks to a complex power-sharing system. However, the arrival of migrants from foreign countries and the more recent influx of asylum seekers have revitalized debates around the borders between South Tyrol/Italy and Austria and among South Tyrolean linguistic groups. The current COVID-19 pandemic has brought further complexity to the issue. I use the concept of securitization—the process through which an issue is considered as an existential threat requiring exceptional measures—in order to understand why and how borders become exclusionary and restrictive, shaping dynamics of othering. With this framework, the article explores how South Tyrolean borders have been subjected to (de)securitizing and resecuritizing moves in discourses and practices. In this way, I shed new light on debates on the articulation of borders and interethnic relations that are occurring due to recent international migration, consolidation of nationalist agendas, and the current pandemic.

SITUATED AT THE INTERPLAY BETWEEN THE FIELD OF ETHNIC POLITICS, MIGRATION AND SECURITY STUDIES, THIS ARTICLE ANALYZES PROCESSES OF SECURITIZATION IN SOUTH TYROL, AN ITALIAN PROVINCE WITH GERMAN AND LADIN-SPEAKING POPULATIONS AND A SOPHISTICATED CONSOCIATIONAL SYSTEM TO PROTECT THEIR CULTURAL FEATURES. SINCE THE 1990S, THE PROVINCE WITNESSED THE ARRIVAL OF MANY MIGRANTS FROM FOREIGN COUNTRIES. SCHOLARSHIP ON SECURITIZATION HAS TENDED TO REPRODUCE KYMLICKA'S DYCHOTOMY BETWEEN ETHNIC/IMMIGRANT GROUPS AND NATIONAL MINORITIES; WHEREAS MANY SCHOLARS FOCUS ON THE SECURITIZATION OF MIGRANTS AND MIGRATION, OTHER RESEARCH APPLIES THE CONCEPT TO THE POLITICS OF ETHNO-NATIONALISM. DEPARTING FROM THIS DICHOTOMY, I CONSIDER CULTURAL DIVERSITY ITSELF, RATHER THAN A SPECIFIC COMMUNITY, AS THE TARGET OF SECURITIZING MOVES. WITH THIS FRAMEWORK, THE ARTICLE ANALYZES TO WHAT EXTENT, HOW AND ON WHAT TERMS SECURITIZATION DYNAMICS HAVE UNFOLDED IN SOUTH TYROL VIS-À-VIS THE PRESENCE OF CULTURAL DIVERSITY AND DIVERSE CULTURAL COMMUNITIES IN THE PROVINCE, WHETHER HISTORICALLY ROOTED OR DERIVING FROM RECENT MIGRATORY FLOWS. TO CONDUCT THE ANALYSIS, I ADOPT THE COPENHAGEN SCHOOL'S UNDERSTANDING OF SECURITIZATION AS A SPEECH ACT. I USE A QUALITATIVE METHODOLOGY FOCUSED ON ANALYZING DISCOURSES THAT EMERGED IN PARTY PROGRAMS AND POLITICAL SPEECHES. IN THIS WAY, THE ARTICLE AIMS TO BRING TO LIGHT HOW DIFFERENT FEATURES OF CULTURAL DIVERSITY BECOME TARGETS OF SECURITIZING MOVES AND HOW DISTINGUISHED PROCESSES OF SECURITIZATION INTERACT OVER TIME. ; open