Security and Human Rights最新文献

{"title":"Accommodating Security Imperatives v. Protecting Fundamental Rights:The Challenge of States of Emergency in the Context of Countering Terrorism in Turkey","authors":"Emre Turkut","doi":"10.1163/18750230-02801002","DOIUrl":"https://doi.org/10.1163/18750230-02801002","url":null,"abstract":"This article seeks to illuminate the use of exceptional national security and emergency powers in the fight against terrorism in Turkey. The article is organized in four parts. Section I looks at the role of terrorism in the activation and justification of a state of emergency and introduces the Turkish case within this context. Section II explores the historical origins of the Turkish state of emergency regime and analyses the principles regulating emergency regime at the Turkish domestic level. Section III examines the operation of governmental emergency powers by providing an analysis of the state of emergency practices in Turkey, both past and present. A principal focus is necessarily directed at the state of emergency and the measures deployed within this framework in Turkey’s predominantly Kurdish southeast, where emergency rule was in force from 1987 to 2002, and the recent nationwide state of emergency in the wake of the 15 July attempted coup. Section IV presents concluding remarks.","PeriodicalId":39991,"journal":{"name":"Security and Human Rights","volume":"28 1","pages":"62-91"},"PeriodicalIF":0.8,"publicationDate":"2018-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18750230-02801002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44015594","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}

{"title":"Human Rights and Climate Change: Protecting the Right to Life of Individuals of Present and Future Generations","authors":"J. H. Albers","doi":"10.1163/18750230-02801009","DOIUrl":"https://doi.org/10.1163/18750230-02801009","url":null,"abstract":"","PeriodicalId":39991,"journal":{"name":"Security and Human Rights","volume":"28 1","pages":"113-144"},"PeriodicalIF":0.8,"publicationDate":"2018-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18750230-02801009","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48167416","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}

{"title":"The Purposes and Principles of the un Charter Origins, Subsequent Developments in Law and Practice and (Mis)interpretation in the Context of Unilateral Secession Claims in the osce Area","authors":"Tofig Musayev, Rovshan Sadigbayli","doi":"10.1163/18750230-02801006","DOIUrl":"https://doi.org/10.1163/18750230-02801006","url":null,"abstract":"The article reviews the purposes and principles of the u.n. Charter in light of persistent claims voiced in the context of protracted conflicts in the osce area that the principle of self-determination allegedly grants the right to unilateral secession. The drafting history of the Charter indicate that States did not recognise a right to unilateral secession of a part of population of a State as a means of exercising selfdetermination. Subsequent development of this principle in law and in practice in the decades after the adoption of the Charter to a large extent has been shaped by the original ideas and understanding that went into the Charter. Invalidation at the international level of secessionist claims and actions, collective non-recognition of the resulting situations and abstention from aid or assistance that contributes to their consolidation are among legal and political consequences that have been applied and need to be consistently maintained with regard to the protracted conflicts in the osce area and their settlement processes. * The opinions expressed in this article are those of the authors. Downloaded from Brill.com05/05/2020 11:56:43PM via free access 181 The Purposes and Principles of the un Charter security and human rights 28 (2017) 180-213","PeriodicalId":39991,"journal":{"name":"Security and Human Rights","volume":"28 1","pages":"180-213"},"PeriodicalIF":0.8,"publicationDate":"2018-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18750230-02801006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46879279","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}

{"title":"osce Addresses Organized Crime through Police Co-operation","authors":"A. Lyzhenkov","doi":"10.1163/18750230-02801005","DOIUrl":"https://doi.org/10.1163/18750230-02801005","url":null,"abstract":"Organized crime, along with terrorism, drugs, corruption and cyber-crime remain among the most significant threats to security and co-operation in the osce region. What has been achieved over these years and what else still needs to be done to ensure that organized crime does not hinder sustainable economic and social development in the area from Vancouver to Vladivostok? To effectively defend the human rights of 1.2 billion people living in the region, the osce has to review its anti-crime toolbox from time to time, to strengthen its cooperation with other interested partners and to develop new mechanisms of cooperation among its 57 participating States. This article will focus on the ongoing efforts by the osce to combat organized crime through police co-operation.","PeriodicalId":39991,"journal":{"name":"Security and Human Rights","volume":"28 1","pages":"49-61"},"PeriodicalIF":0.8,"publicationDate":"2018-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18750230-02801005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49507217","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}

{"title":"The Application of the osce Commitments Relating to Migration and Integration in Italy","authors":"Chiara Favilli","doi":"10.1163/18750230-02801007","DOIUrl":"https://doi.org/10.1163/18750230-02801007","url":null,"abstract":"The osce commitments agreed during several meetings held in the past years address economic, political and social aspects of migration. As far as Italy, while the national legal framework is almost in line with international standards, the adoption of practical measures, their implementation and the promotion of projects prove difficult. Moreover, the increased exposure that Italy faces as a country lying on the external maritime border of the European Union makes it more difficult to manage migration","PeriodicalId":39991,"journal":{"name":"Security and Human Rights","volume":"28 1","pages":"1-23"},"PeriodicalIF":0.8,"publicationDate":"2018-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48295320","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}

{"title":"Violence against Women: Assessing Italy’s Compliance with the osce Commitments and the Current International Legal Framework","authors":"F. Capone","doi":"10.1163/18750230-02801004","DOIUrl":"https://doi.org/10.1163/18750230-02801004","url":null,"abstract":"Violence against women (vaw) represents a phenomenon that over the past decade has reached an unprecedented level in Italy. As a result this topic has been included amongst the key issues addressed by the Independent Evaluation Report on the occasion of the Italian osce Chairmanship 2018. Relying and building on the study conducted by this author in order to contribute to the Report, the present article provides an overview of the key findings of the research, discussing how and to what extent Italy’s approach is in line with the osce commitments on vaw. This article aims at pointing out existing weaknesses and strengths of the Italian legal and policy framework as well as at identifying possible ways forward to bolster Italy’s compliance with the osce commitments and the existing international and regional standards.","PeriodicalId":39991,"journal":{"name":"Security and Human Rights","volume":"28 1","pages":"24-48"},"PeriodicalIF":0.8,"publicationDate":"2018-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18750230-02801004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42937307","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}

{"title":"Introduction: Why a Special Edition on OSCE Mediation","authors":"A. Sargsyan","doi":"10.1163/18750230-02703013","DOIUrl":"https://doi.org/10.1163/18750230-02703013","url":null,"abstract":"","PeriodicalId":39991,"journal":{"name":"Security and Human Rights","volume":"27 1","pages":"235-242"},"PeriodicalIF":0.8,"publicationDate":"2017-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18750230-02703013","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47845202","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}

{"title":"osce Mediation in an Eroding International Order","authors":"Philip Remler","doi":"10.1163/18750230-02703007","DOIUrl":"https://doi.org/10.1163/18750230-02703007","url":null,"abstract":"The feeling is widespread in the West that the post WWII normative international order has been under severe challenge since Russia’s seizure of Crimea, now exacerbated by statements from the American president casting doubt on the institutions that underpin that order. Is there a future role for OSCE mediation as this order erodes? Study of the Ukraine crisis in light of other protracted conflicts on the territory of the former Soviet Union shows that the same challenges have existed for a generation. Because the conflicts were small, however, the international community chose to accept a fiction of convenience to isolate them from an otherwise functioning international order: the narrative that the separatists sought independence, not (as in reality) a re-drawing of post-Soviet borders. This isolation is under pressure both from the new experience in Ukraine and from the extension of ever-greater Russian control over the separatists, amounting to crypto-annexation, despite a backlash from Moscow’s clients, including in Armenia. There is little likelihood of a resolution to the Ukraine crisis, including Russia’s annexation of Crimea, and prospects for mediation to resolve the conflicts remain dim. However, continued talks may resolve some humanitarian issues and provide a release valve to prevent pressures boiling over into renewed open warfare.In 2015 the present author published an article outlining some effects of the Ukraine crisis on protracted conflicts in the OSCE area and on OSCE mediation in those conflicts.1 He has been asked to revisit his assessment of that time in light of subsequent events in world politics (in particular the advent of a new administration in the United States) and in the region. The new developments give little cause for optimism that settlement in any of the conflicts is closer. Rather, the question for the OSCE is whether the international community, in view of the challenges posed by the Ukraine crisis, should continue to engage in the fictions that have allowed it to manage the conflicts since their beginnings in the collapsing Soviet Union.","PeriodicalId":39991,"journal":{"name":"Security and Human Rights","volume":"27 1","pages":"273-288"},"PeriodicalIF":0.8,"publicationDate":"2016-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18750230-02703007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64866845","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}

{"title":"Forty-five Years of Dialogue Facilitation (1972–2017): Ten Lessons from the Conference on Security and Cooperation in Europe","authors":"L. Crump","doi":"10.1163/18750230-02703017","DOIUrl":"https://doi.org/10.1163/18750230-02703017","url":null,"abstract":"The aim of this article is to investigate how the Conference on Security and Cooperation in Europe (CSCE) succeeded in channelling the Cold War in a peaceful direction by facilitating a Pan-European dialogue during the second half of the Cold War (1972–1990), and what lessons we can learn from it today in terms of dialogue facilitation, so as to raise the profile of the Organization for Security and Cooperation in Europe and reduce international tensions. It is based on the hypothesis that the CSCE facilitated the ‘multilateralisation of European security’ through dialogue, and stabilised European relations by turning security into a joint venture. This article concludes with ten recommendations for facilitating dialogue through the OSCE so as to multilateralise European security again today.","PeriodicalId":39991,"journal":{"name":"Security and Human Rights","volume":"27 1","pages":"498-516"},"PeriodicalIF":0.8,"publicationDate":"2016-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18750230-02703017","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64867184","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}

{"title":"osce Conflict Management in Central Asia: Fighting Windmills like Don Quixote","authors":"Pál Dunay","doi":"10.1163/18750230-02703002","DOIUrl":"https://doi.org/10.1163/18750230-02703002","url":null,"abstract":"Conflicts and their management in Central Asia have never been prioritised by the OSCE although five states of the region are among its participating states. This has been due to that unlike in some other parts of the post-Soviet space most of the conflicts did not threaten with military escalation, and the intensity of strategic rivalry is less noticeable in this distant part of the OSCE area than closer to the heart of Europe. The fact Russia is not a direct party to the conflicts in Central Asia also reduces the interests of many participating states. There was one high intensity conflict in the region, the Tajik civil war that came too early for the OSCE. Lower intensity conflicts, ranging from border skirmishes, disputes about access to water, violation of rights of national minority groups, rigged elections are monitored and their resolutions are facilitated by the organisation. Some of them, like the 2010 Kyrgyz-Uzbek conflict had such short shelf-life internationally that no consensus-based inter-governmental organisation could have effectively intervened into it. The OSCE has been successful in conflict management when the party or parties also wanted to break the stale-mate that the Organization could facilitate. Domestic change in some Central Asian states is essential for advancing the OSCEs cooperative security approach.","PeriodicalId":39991,"journal":{"name":"Security and Human Rights","volume":"27 1","pages":"479-497"},"PeriodicalIF":0.8,"publicationDate":"2016-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18750230-02703002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64867011","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}