An Enchanted Tool? Humanitarian Assistance and the ILC Draft Articles on the Protection of Persons in the Event of Disasters

Despite previous attempts at codification of international law regarding international responses to natural and human-made disasters, there is currently no binding international legal framework to regulate the provision of humanitarian assistance outside armed conflicts. Nevertheless, since the International Law Commission (ILC) included the protection of persons in the event of disasters on its programme of work in 2006, it has provisionally adopted eleven draft articles that have the potential to create binding obligations on states and humanitarian actors in disaster settings. Draft articles adopted include the definition of ‘a disaster’, the relationship of the draft articles to the international humanitarian law of armed conflict, recognition of the inherent dignity of the human person, and the duty of international cooperation. However, the final form of the draft articles has not been agreed. The Codification Division of the UN Office of Legal Affairs has proposed a framework convention format, which has seen support in the ILC and the UN General Assembly Sixth Committee. The overall aim of this article is to provide an analysis of the potential forms of international regulation open to the ILC and states in the context of humanitarian responses to disasters. However to avoid enchanting the ILC draft articles with unwarranted power, any examination of form requires an understanding of the substantive subject matter of the planned international regulation. The article therefore provides an overview of the international legal regulation of humanitarian assistance following natural and human-made disasters, and the ILC’s work to date on the topic. It then examines two key issues that remain to be addressed by the ILC and representatives of states in the UN General Assembly Sixth Committee. Drawing on the UN Guiding Principles on Internal Displacement, the development and implications of binding and non-binding international texts are examined, followed by an analysis of the suggested framework convention approach identified by the Special Rapporteur as a potential outcome of the ILC work.

An Analysis of Soft Law Applicable to Humanitarian Assistance: Relative Normativity in Action?

There is limited binding international law specifically covering the provision of humanitarian assistance in response to natural and human-made disasters. Yet a variety of authoritative soft law texts have been developed in the past 20 years, including the UN Guiding Principles on Internal Displacement, the Red Cross Red Crescent Code of Conduct and the Sphere Project’s Humanitarian Charter and Minimum Standards in Disaster Response. While such ‘non-binding normative standards’ do not carry the weight of international law, they play an essential role in the provision of humanitarian assistance albeit subject to their limited enforceability vis-à-vis intended beneficiaries and to their voluntary application by humanitarian actors. Notwithstanding a lack of legal compulsion, certain non-binding normative standards may directly influence the actions of States and non-State actors, and so obtain a strongly persuasive character. Analysis of texts that influence the practice of humanitarian assistance advances our understanding of humanitarian principles and performance standards for disaster response. As the International Law Commission debates draft articles on the Protection of Persons in the Event of Disasters, such non-binding normative standards are crucial to the development of an internationally accepted legal framework to protect victims of disasters.

Evaluating conditions for transboundary marine spatial planning: Challenges and opportunities on the island of Ireland

Transboundary cooperation is viewed as an essential element of Marine Spatial Planning (MSP). While much of the MSP literature focuses on the need for, and benefits of, transboundary MSP, this paper explores the political and institutional factors that may facilitate the effective transition to such an approach. Drawing on transboundary planning theory and practice, key contextual factors that are likely to expedite the transition to transboundary MSP are reviewed. These include: policy convergence in neighbouring jurisdictions; prior experience of transboundary planning; and good working relations amongst key actors. Based on this review, an assessment of the conditions for transboundary MSP in the adjoining waters of Northern Ireland and the Republic of Ireland is undertaken. A number of recommendations are then advanced for transboundary MSP on the island of Ireland, including, the need to address the role of formal transboundary institutions and the lack of an agreed legal maritime boundary. The paper concludes with some commentary on the political realities of implementing transboundary MSP.

Angels with dirty faces? European identity, politics of representation and recognition of Romani interests

The contradiction between acknowledgement of cultural differences and their accommodation in public has been a constant theme in studies of diverse societies. This review essay discusses five volumes that grapple with questions of Romani inclusion and the problems Roma face across Europe. The volumes under review point to problems faced by Romani communities and analyse the various legal, political and social challenges that situation of the Roma poses to institutions of contemporary societies. The essay reviews the challenging nature of the status of Roma as we move away from the one-sided towards more reciprocal relationship engagement of state with society in general, and the multiply excluded groups, in particular. The essay finds that the role Roma play in these relationships is either over-, or under-estimated by the literature, largely as a result of limited opportunities to acknowledge and, in effect, accommodate Roma who are rarely understood as actors in their own right.

Complexity of concern: Social acceptance of wind energy and the inevitability of dissensus

This presentation will explore the  role that social acceptance of onshore wind can play in understanding and progressing the low carbon transition in Europe. Although this is commonly perceived as arising simply from the overall level of renewable energy generated (and ‘dirty’ energy displaced), its significance goes well beyond this as it helps us understand some of the key issues facing the electricity sector as a social-technical system.  As such it is not only a matter of delivering the necessary infrastructure, but requires the long term mediation of complex multi-governmental arrangements involving a very wide range of actors. The interests of these actors engage hugely different timescales, geographic scales of concern and rationalities that make the arena of social acceptance a cauldron of complexity, mediating between overlapping and incompatible concerns. The presentation will briefly review the nature of some of these relationships and discuss what this means for how we conceive and act on the social acceptance of wind, and what this means for the long term low carbon transition

Challenging the SD benefits attributed to sport Mega-Events hosting

Sport Mega-event hosting faces opposition that is manifested with different intensity during the different phases of the event, from its inception as an idea to its delivery and legacy. Some Social Movements Organisations (SMOs) have acted as indefatigable monitors of the Sustainable Development (SD) dimension of sporting events in general and, in some of the most recent sport mega-events, in particular the Olympics, they have served as important advisors and facilitators. Nevertheless, in many cases we see enthusiastic supporters turning to vehemently challenging whatever positives have been associated with hosting the event. In addition, there is opposition to sport Mega-events in their entirety. That type of opposition tends to employ a holistic prism that manages to identify multiple interconnected negative aspects of hosting a sport mega-event and incorporate them into an anti-systemic discourse. It is important to bear in mind that irrespective of many proclamations to the opposite as far as megas are concerned (projects and/or events), a number of studies have demonstrated that citizen participation and democratic accountability in decision-making have been notoriously absent. After all, the idea of citizen participation in the planning of sport mega-event is essentially the public response to a plan conceived by others. There were, of course, some notable cases of democratic consultation at the early stages of bidding to host a sport mega-event but these more democratic approaches resulted in the failure of the bid (for e.g. Toronto 1996). The knowledge of this by the groups that initiated the hosting idea and the bidding process has led to discouraging in depth public consultation that may fit perfectly to the democratic process but not to the tight schedules of associated projects completion. That produces ‘autocracy against which opposition may arise’ (Hiller, 2000, p. 198). It is this democratic deficit that has led to important instances of social contestation and protest mobilizations by citizen groups as well as the more regular corps of social activists. From a perspective borrowed from the sociology of protest and social movements, sport mega-events hosting can operate as an issue that stimulates protest activities by an existing protest milieu and new actors as well as an important mobilizing resource. In fact, some scholars have also argued that the Olympic Games were an important frame for the transnational activism that was marked by anti-globalization protest in Seattle in 1999 (Cottrell & Nelson, 201; Lenskyj, 2008). In addition, it’s important not to lose sight of other acts dissent that take place in relatively close proximity, about a year before the event when most infrastructural and societal changes brought by hosting the event and impact start to become apparent by the host communities, like the rioting of August 2011 in the London Olympic Boroughs and the 2012 riots of June 2013 in Sao Paulo and other Brazilian cities. This paper starts by outlining the SD claims made in the bidding to host the summer Olympic Games by five prospective hosts (Sydney; Athens; Beijing; London and Rio) proceeds towards examining the opposition and challenges that was manifested in relation to these claims. In Particular it provides an assessment of protest-events over the aforementioned different phases of sport mega-events hosting. A different picture emerges for each of the host nation that is partly explained by local, national and global configuration of protest politics. Whereas the post-event legacy of the first two hosts of the Games can be assessed and that way see the validity of claims made by challengers in the other phases, in the other three cases, the implementation of Olympic Games Impact (OGI) studies offers the tool for discussing the post-event phase for Beijing and London and engage in a speculative exercise for the case of Rio. Judging by available findings, the paper concludes that the SD aspiration made in the bid documents are unlikely to be met and social contestation based on the same issues is likely to increase due to the current global economic crisis and BRICS, like China and Brazil, having entered the process of becoming global economic hegemons.

On Being Let Loose in the Field: The Execution of Professional Ethics

In recent years concerns over litigation and the trend towards close monitoring of academic activity has seen the effective hijacking of research ethics by university managers and bureaucrats. This can effectively curtail cutting edge research as perceived ‘safe’ research strategies are encouraged. However, ethics is about more than research governance. Ultimately, it seeks to avoid harm and to increase benefits to society. Rural development debate is fairly quiet on the question of ethics, leaving guidance to professional bodies. This study draws on empirical research that examined the lives of migrant communities in Northern Ireland. This context of increasingly diverse rural development actors provides a backdrop for the way in which the researcher navigates through ethical issues as they unfold in the field. The analysis seeks to relocate ethics from being an annoying bureaucratic requirement to one where it is inherent to rigorous and professional research and practice. It reveals how attention to professional ethics can contribute to effective, situated and reflexive practice, thus transforming ethics to become an asset to professional researchers.

A European Culture War in the Twentieth Century? Antic-Catholicism and Anti-Bolshevism between Moscow, Berlin, and the Vatican 1922 to 1933

The term “culture war” has become a generic expression for secular-catholic conflicts across nineteenth-century Europe. Yet, if measured by acts of violence, anticlericalism peaked in the years between 1927 and 1939, when thousands of Catholic priests and believers were imprisoned or executed and hundreds of churches razed in Mexico, Spain and Russia. This essay argues that not only in these three countries, but indeed across Europe a culture war raged in the interwar period. It takes, as a case study, the interaction of communist and Catholic actors located in the Vatican, the Soviet Union, and Germany in the period between the beginning of the Pontificate of Pius XI in 1922 and Hitler’s appointment as chancellor of Germany in 1933. Using correspondence and reports from the Vatican archives, this essay shows how Papal officials and communist leaders each sought to mobilize the German populace to achieve their own diplomatic ends. German Catholics and communists gladly responded to the call to arms that sounded from Rome and Moscow in 1930, but they did so also to further their own domestic goals. The case study shows how national contexts inflected the transnational dynamics of radical anti-Catholicism in interwar Europe. In the end, agitation against “godlessness” did not lead to the return of a “Christian State” desired by many conservative Christians. Instead, the culture war further destabilized the republic and added a religious dimension to a landscape well suited to National Socialist efforts to reach a Christian population otherwise mistrustful of its völkisch and anticlerical elements.

Private rule-making and European governance - issues of legitimacy

Private rule-making is widely discussed as supporting institutional policy making and legislation at EU level. The following argues for a different perspective on private actor rule-making, focusing on the autonomy of social realms within which self-governance may be possible. From this perspective, private actor rule-making is considered as a potential gain in self-determination. Substantive autonomy and enhanced self-determination of all those affected are considered as prerequisites for accepting rules made by private actors. Opening the field for discussion, some manifestations of (envisaged) private rule-making at EU level are explored and discussed as to whether they should be accepted as legitimate forms of self-governance.

Economic and social integration the challenge for EU constitutional law

'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' - Tonia Novitz, University of Bristol, UK. © Dagmar Schiek 2012. All rights reserved.

Accountability and its Metaphors: From Forum to Agora and Bazaar

In this paper we seek to develop a ‘relational’ perspective on accountability and on so-called ‘unaccountability.’. We focus on Mark Bovens’s use of the forum metaphor in his accountability model, arguing that his relational perspective is too narrow. We advocate instead a far broader and more fundamental engagement with the idea of relational accountability. Expanding the metaphors, we point to two other accountability spaces: ‘agora,’ a primordial accountability space and ‘bazaar,’ an emergent accountability space rooted in ground-level exchange between different actors. Assertions about ‘unaccountability,’ we argue, very often reflect a failure to appreciate the fundamentally relational nature of accountability: those who use such assertions as bases for action aimed at making situations, processes or people ‘more accountable’ in fact seek to assert or impose a certain form of relationship – one that is hierarchical and monopolistic – and reflect therefore a drive to power and domination.

Re-embedding economic and social constitutionalism: Normative Perspectives for the E

This chapter proposes a social re-embedding of European constitutionalism by offering a coherent interpretation of EU constitutional principles as contained in the initial articles of the Treaties and the EU’s economic and social constitution as developed by the Court of Justice. It starts from the assumption that European integration is not merely an inter-state endeavour, but also a process that affects social and economic actors, in other words societies all over Europe. It may well ultimately engender a European society – if we are prepared to conceive of a poly-centric society, consisting of diverse components from a wide range of regions, social actors and cultures. Proceeding from the assumption that constitutionalism can be a relevant notion for such a holistic approach to European integration, the chapter develops elements of European constitutionalism relating to socio-economic reality. As national constitutional law, European constitutional law is presented as necessarily incomplete. European constitutionalism will thus have to offer modes of adapting open norms to an ever changing and developing societal reality. The chapter outlines a framework for such constitutionalism which, at the same time, offers opportunities for reconciling the social and economic dimensions in the European integration project through a re-configured notion of constitutionalism.

Islamist Versus Islamist: Rising Challenge in Gaza

Islam's diversity is a direct result of centuries of schism and factionalism, and presents a challenge to the original spirit of unity as envisaged by its founder, the Prophet Mohammed. Rivalry within Islam undermines the precedent notion of unity through communal belonging (tawhid and ummah). Yet in the twenty-first century this diversity is ignored, and political Islam is represented as being more of a monolith than a spectrum of ideas and aspirations. Generally, the materialization of new Islamist groups is a challenge to those who hold that unity is all. In the Gaza Strip, specifically, the dominant Islamist actor, Hamas, is facing internal challenges from other Islamist elements. These rival Islamists are also influenced by events across their border in post-revolutionary Egypt where a plethora of new Islamist actors are vying for political space and power. This article deals with Hamas's Islamist rivals, and the effects they have had on Hamas's governance of the Gaza Strip, and political and religious legitimacy within it. It will focus on ideological and violent disputes between the Islamist elements in Gaza, and the means by which Hamas and its security elements have tackled newly emerging rivals.

Rescaling the Governance of Renewable Energy: Lessons from the UK Devolution Experience

Efforts to rescale governance arrangements to foster sustainable development are rarely simple in their consequences, an out-turn examined in this paper through an analysis of how the governance of renewable energy in the UK has been impacted by the devolution of power to Northern Ireland, Scotland and Wales. Theoretically, attention is given to the ways in which multiple modes of governing renewable energy, and the interactions between modes and objects of governance, together configure the scalar organization of renewable energy governance. Our findings show how the devolved governments have created new, sub-national renewable energy strategies and targets, yet their effectiveness largely depends on UK-wide systems of subsidy. Moreover, shared support for particular objects of governance—large-scale, commercial electricity generation facilities—has driven all the devolved government to centralize and expedite the issuing of consents. This leads to a wider conclusion. While the level at which environmental problems are addressed can affect how they are governed, what key actors believe about the objects of governance can mediate the effects of any rescaling processes.