Wasser und Abfall最新文献

Wasser und Abfall Pub Date : 2025-10-01 DOI: 10.1007/s35152-025-2038-0

引用次数: 0

The Deprivation of Citizenship and Other Administrative Measures Aimed at Foreign Fighters and Their Consistency with the Rule of Law and Human Rights 针对外国战斗人员的剥夺公民权和其他行政措施及其与法治和人权的一致性

Wasser und Abfall Pub Date : 2025-01-01 DOI: 10.1007/978-94-6265-671-0_6

Tarik Gherbaoui

{"title":"The Deprivation of Citizenship and Other Administrative Measures Aimed at Foreign Fighters and Their Consistency with the Rule of Law and Human Rights","authors":"Tarik Gherbaoui","doi":"10.1007/978-94-6265-671-0_6","DOIUrl":"https://doi.org/10.1007/978-94-6265-671-0_6","url":null,"abstract":"In recent years, numerous European states have resorted to citizenship deprivation to tackle the security threat posed by foreign fighters. This Chapter analyses the rule of law and human rights impact of the deprivation of citizenship of foreign fighters in the United Kingdom and the Netherlands. In the context of the United Kingdom, the Chapter examines the consistency of the UK’s legal regime with international legal obligations on the reduction of statelessness as well as the role of judicial deference to the executive, zooming in on recent jurisprudential developments that were brought to the fore by the landmark case of Shamima Begum. In addition, the Chapter unpacks the set of administrative measures specifically aimed at foreign fighters that were introduced by the Counter-Terrorism and Security Act 2015, in particular ‘Temporary Exclusion Orders’. Furthermore, the Chapter assesses whether the practice of depriving foreign fighters of their citizenship violates the ECHR and the European Convention on Nationality, examining the ramifications of the citizenship deprivation of foreign fighters on the international legal orderInternational legal order and international relations. Beside interfering with human rights, citizenship deprivation of foreign fighters contravenes international obligations to bring terrorists to justice, first and foremost those deriving from the international legal regime on foreign fighters, including UN Security Council Resolution 2178. The Chapter concludes that the metamorphosis of citizenship deprivation from an obscure tool of totalitarian regimes to one of the flagship counter-terrorism policies of liberal democracies is disconcerting from the perspective of the rule of law and human rights.","PeriodicalId":35855,"journal":{"name":"Wasser und Abfall","volume":"1 1","pages":"207-264"},"PeriodicalIF":0.0,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147889592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Resolving the Foreign Fighter Conundrum: The European Legal Response to Foreign Fighters and Its Consistency with the Rule of Law and Human Rights 解决外国战斗人员难题：欧洲对外国战斗人员的法律回应及其与法治和人权的一致性

Wasser und Abfall Pub Date : 2025-01-01 DOI: 10.1007/978-94-6265-671-0_7

Tarik Gherbaoui

{"title":"Resolving the Foreign Fighter Conundrum: The European Legal Response to Foreign Fighters and Its Consistency with the Rule of Law and Human Rights","authors":"Tarik Gherbaoui","doi":"10.1007/978-94-6265-671-0_7","DOIUrl":"https://doi.org/10.1007/978-94-6265-671-0_7","url":null,"abstract":"This concluding Chapter demonstrates that legal responses to foreign fighters at the international, European, and domestic levels have been robust yet generally inconsistent with the rule of law and human rights. Throughout Europe’s legal response to foreign fighters, four fundamental challenges have emerged which have prevented states and international organisations from resolving the foreign fighter conundrum in accordance with the rule of law and human rights. Firstly, the Chapter argues that framing the foreign fighter conundrum has proved to be a real definitional quagmire, caused primarily by the introduction of the novel concept of the ‘foreign terrorist fighter’ into international law. Secondly, attempts by the United Nations, the European Union, and the Council of Europe to resolve the foreign fighter conundrum through multilateral channels have by and large been inconsistent with the rule of law and human rights. Thirdly, the Chapter argues that approaching the foreign fighter conundrum almost exclusively through the lens of counter-terrorism does not reflect the complexity of the multi-faceted threat posed by foreign fighters and has exacerbated the conflation between counter-terrorism law and international humanitarian lawInternational humanitarian law, to the detriment of the latter. Fourthly, at all three levels legal responses to foreign fighters have focused primarily on pre-emptingPre-empting future acts of terrorism. This trend has sharpened the preventive turnPreventive turn that counter-terrorism law has taken across the globe in the aftermath of 9/11, at the expense of the rule of law and human rights.","PeriodicalId":35855,"journal":{"name":"Wasser und Abfall","volume":"1 1","pages":"265-279"},"PeriodicalIF":0.0,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147885395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Europe’s Foreign Fighter Conundrum 欧洲的外国战士难题

Wasser und Abfall Pub Date : 2025-01-01 DOI: 10.1007/978-94-6265-671-0

Tarik Gherbaoui

{"title":"Europe’s Foreign Fighter Conundrum","authors":"Tarik Gherbaoui","doi":"10.1007/978-94-6265-671-0","DOIUrl":"https://doi.org/10.1007/978-94-6265-671-0","url":null,"abstract":"This book explores how Europe can resolve its foreign fighter conundrum without losing its credibility as a guardian of the rule of law and human rights. Centring on European foreign fighters who travelled to the armed conflict in Syria and Iraq, this book examines to which extent legal responses to the security threat posed by foreign fighters have been consistent with the rule of law and human rights.<br/><br/>The transnational nature of the foreign fighter phenomenon has created a messy labyrinth of legal obligations at the international, European, and domestic levels. To dissect this multi-layered counter-terrorism architecture, the book analyses the intricate interplay between legal norms at these different levels, with a special focus on prosecution and citizenship deprivation. Pertinent issues discussed in this book include multilateral responses by the United Nations, the European Union, and the Council of Europe, as well as the interplay between the ‘foreign terrorist fighter’ concept and definitions of terrorism. The book also addresses the conflation between counter-terrorism law and international humanitarian law, and the increasing preventive shift within counter-terrorism law. <br/><br/>Drawing on insights from various fields of law, the book's comprehensive and thorough assessment of the rule of law and human rights implications of permanent international, regional, and domestic legal measures to foreign fighters offers best practices for managing future terrorist threats and challenges. It is an essential resource for both researchers and practitioners in the field of counter-terrorism, national and international security, and international law.","PeriodicalId":35855,"journal":{"name":"Wasser und Abfall","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/bfm:978-94-6265-671-0/1","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147912277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Das Naturschutzgroßprojekt Untere Havelniederung 下哈维尔低地自然保护项目

Wasser und Abfall Pub Date : 2024-06-01 DOI: 10.1007/s35152-024-1866-7

Rocco Buchta

引用次数: 0

Vernetztes Denken und Handeln für Renaturierungsmaßnahmen an Flüssen und Auen 河流和洪泛平原再自然化措施的网络化思考与行动

Wasser und Abfall Pub Date : 2024-06-01 DOI: 10.1007/s35152-024-1863-x

Elisabeth Bondar-Kunze, A. Funk, T. Hein, Silke-Silvia Drexler, Martin Tschikof, Robert Tögel, Ursula Scheiblechner

引用次数: 0

Interaktion und Lateralvernetzung von Fluss und Aue an der Mittleren Elbe in Sachsen-Anhalt 萨克森-安哈尔特州易北河中游沿岸河流与洪泛区的相互作用和横向联系

Wasser und Abfall Pub Date : 2024-06-01 DOI: 10.1007/s35152-024-1862-y

K.-H. Jährling