The Theory of Interhybridity: Socio-political Dimensions and Migration Experiences of Post-communist Western Balkan States

The Western Balkans integration within the EU has started a legal process which is the rejection of former communist legal/political approaches and the transformation of former communist institutions. Indeed, the EU agenda has brought vertical/horizontal integration and Europeanization of national institutions (i.e. shifting power to the EU institutions and international authorities). At this point, it is very crucial to emphasize the fact that the Western Balkans as a whole region has currently an image that includes characteristics of both the Soviet socialism and the European democracy. The EU foreign policies and enlargement strategy for Western Balkans have significant effects on four core factors (i.e. Schengen visa regulations, remittances, asylum and migration as an aggregate process). The convergence/divergence of EU member states’ priorities for migration policies regulate and even shape directly the migration dynamics in migrant sender countries. From this standpoint, the research explores how main migration factors are influenced by political and judicial factors such as; rule of law and democracy score, the economic liberation score, political and human rights, civil society score and citizenship rights in Western Balkan countries. The proposal of interhybridity explores how the hybridization of state and non-state actors within home and host countries can solve labor migration-related problems. The economical and sociopolitical labor-migration model of Basu (2009) is overlapping with the multidimensional empirical framework of interhybridity. Indisputably, hybrid model (i.e. collaboration state and non-state actors) has a catalyst role in terms of balancing social problems and civil society needs. Paradigmatically, it is better to perceive the hybrid model as a combination of communicative and strategic action that means the reciprocal recognition within the model is precondition for significant functionality. This will shape social and industrial relations with moral meanings of communication.

The EU's Group-to-Group Dialogue with the Southern Mediterranean and ASEAN – How much have they achieved? A Comparative Analysis. EU Centre Singapore Working Paper No, 18, December 2013

Four decades of the EU's group-to-group dialogues with the Southern Mediterranean grouping of countries and with ASEAN have produced different dynamics and outcomes, despite the EU’s common strategy to use economic soft power to achieve their goals for the partnerships. Diverging conditions in the two regions created inconsistency in the EU's application of the common approach. The EU's neighbourhood security concerns forced it to relax its political stand with their Southern Mediterranean partners. For ASEAN, geographical distance dilutes the EU’s security concerns it that region and has afforded the EU to be more ideological and assertive on democracy and human rights practices. These issues have provoked disagreements in EU-ASEAN dialogues, but both sides have also tried to remain pragmatic in order to achieve some progress in the partnership. In contrast, the protracted the Arab-Israeli conflict continues to hamper the Euro-Mediterranean dialogue, resulting in little progress. Social upheavals in the Southern Mediterranean also brought their partnership to a standstill. The EU's cooperation with former authoritarian regimes like Libya and Syria have only caused damage to its credibility in the Southern Mediterranean, and future Euro-Mediterranean dialogues are likely to be affected by it.

The EU’s Rule of Law Initiative for Central Asia: From Initiative to More Substance? EUCAM Policy Brief No. 18, June 2011

All five Central Asian states are weak in terms of rule of law, good governance and democracy. The EU chose to devote specific attention to the rule of law through a regional initiative with Central Asian partners' participation. What is the current state of the initiative and is the EU on track?

A Comparative Analysis of Regulations on Involuntary Loss of Nationality in the European Union. CEPS Liberty and Security in Europe, 75/December 2014

This study examines the workings of the Common European Asylum System (CEAS), in order to assess the need and potential for new approaches to ensure access to protection for people seeking it in the EU, including joint processing and distribution of asylum seekers. Rather than advocating the addition of further complexity and coercion to the CEAS, the study proposes a focus on front-line reception and streamlined refugee status determination, in order to mitigate the asylum challenges facing Member States, and vindicate the rights of asylum seekers and refugees according to the EU acquis and international legal standards. Joint processing could contribute to front-line reception and processing capacity, but is no substitute for proper investment in national systems. The Dublin system as currently configured leads inexorably to increasing coercion and detention, and must thus be reconfigured to remove coercion as a principle and ensure consistency with human rights and other fundamental values of the EU.

Citizenship Deprivation: A Normative Analysis. Liberty and Security in Europe No. 82, 19 March 2015

Most critical analyses assess citizenship-deprivation policies against international human rights and domestic rule of law standards, such as prevention of statelessness, non-arbitrariness with regard to justifications and judicial remedies, or non-discrimination between different categories of citizens. This report considers instead from a political theory perspective how deprivation policies reflect specific conceptions of political community. We distinguish four normative conceptions of the grounds of membership in a political community that apply to decisions on acquisition and loss of citizenship status: i) a ‘State discretion’ view, according to which governments should be as free as possible in pursuing State interests when determining citizenship status; ii) an ‘individual choice’ view, according to which individuals should be as free as possible in choosing their citizenship status; iii) an ‘ascriptive community’ view, according to which both State and individual choices should be minimised through automatic determination of membership based on objective criteria such as the circumstances of birth; and iv) a ‘genuine link’ view, according to which the ties of individuals to particular States determine their claims to inclusion and against deprivation while providing at the same time objections against including individuals without genuine links. We argue that most citizenship laws combine these four normative views in different ways, but that from a democratic perspective the ‘genuine link’ view is normatively preferable to the others. The report subsequently examines five general grounds for citizenship withdrawal – threats to public security, non-compliance with citizenship duties, flawed acquisition, derivative loss and loss of genuine links – and considers how the four normative views apply to withdrawal provision motivated by these concerns. The final section of the report examines whether EU citizenship provides additional reasons for protection against Member States’ powers of citizenship deprivation. We suggest that, in addition to fundamental rights protection through EU law and protection of free movement rights, three further arguments could be invoked: toleration of dual citizenship in a political union, prevention of unequal conditions for loss among EU citizens, and the salience of genuine links to the EU itself rather than merely to one of its Member States.

The EU, China and Southeast Asia: Divergent Views of Dealing with Human Security. Jean Monnet/Robert Schuman Paper Series Vol. 14 No. 8, May 2014

Introduction. This chapter takes a closer look at the European Union (EU), China, and the Association of Southeast Asian Nations (ASEAN)’s respective approaches to dealing with non-traditional security (NTS) challenges by investigating their policies toward Burma/Myanmar—a source country of numerous such challenges. It argues that, although all, as members of the ASEAN Regional Forum (ARF), see the need for multilateral solutions to fight organized crime, provide disaster relief, combat terrorism, prevent drug trafficking, etc., they differ with respect to the steps to be taken to protect human security in Asia-Pacific. China, initially hesitant to join the ARF for fear that other members might try to contain it, has come to value the principal forum for NTS challenges in the Asia-Pacific region since, like many ASEAN countries, it is a big proponent of non-interventionism, non-use of force, consensus decision-making, that is, the confidence-building mechanisms commonly referred to as the ‘ASEAN way’.2 The EU, as a strong proponent of human rights and the rule of law, repeatedly, has criticized ARF members for allowing sovereignty-related norms to get in the way of the protection of human rights, but it has refrained from assuming the role of norm exporter. As will be seen in the case of Burma/Myanmar, the EU does make its opinions heard and, when necessary, will take unilateral steps not supported by the ASEAN members of the ARF but, cognizant of the history of the region, for the most part, settles for supporting economic development and aiding in capacity-building, understanding that it would be counter-productive to exert pressure on reluctant ARF members to modify the non-interference norm. The chapter then speculates about the ‘ASEAN way’s’ longevity, arguing that, increasingly, there are internal and external dynamics that seem to indicate that the ‘ASEAN way,’ at least in its current form, may not be here to stay. The conclusion looks at what might be in store for Burma/Myanmar in the years to come.

O direito ao próprio direito: modelos latino-americanos de autonomia política indígena

O objetivo deste trabalho é saber se o direito indigenista, como denominarei o direito estatal que diz respeito aos povos indígenas, reconhece a legitimidade do direito indígena, como denominarei o direito produzido pelos povos indígenas, nas experiências colombiana, boliviana e brasileira. A escolha da Bolívia se justifica pelo fato de as Constituições recentes deste país e do Equador serem consideradas um novo marco do constitucionalismo pluralista ao refundarem suas ordens buscando superar a ausência indígena constituinte. Já a Colômbia se destaca entre os países que, sob a influência recente do Convênio 169, incorporaram expressamente o pluralismo jurídico em suas Constituições. A jurisprudência produzida pela Corte Constitucional do país a respeito do direito indígena é considerada exemplar e inspiradora dos desenvolvimentos mais recentes na Bolívia. O trabalho está voltado para dois aspectos do tema: a autonomia jurisdicional, ou a capacidade para julgar conflitos conforme as normas e procedimentos próprios, e os mecanismos de controle de tais decisões. A metodologia do trabalho abrange revisão bibliográfica, seleção e análise documental de decisões judiciais e textos legais. Argumento que a acomodação de autonomias políticas e ordens jurídicas de diferentes culturas depende da criação de meta-instituições e metarregras que solucionem conflitos e promovam a coordenação entre os direitos, permitindo que os grupos se relacionem de maneira equitativa, controlem a dinâmica de suas identidades culturais e se sintam parte de uma mesma comunidade política. A prática das instituições brasileiras, no entanto, está muito mais voltada a aplicar o direito estatal aos índios do que a exercer controle sobre o direito indígena, o que indica que o paradigma da assimilação prevalece sobre eventuais concepções multiculturais de Estado e sociedade, ainda que o direito legislado apresente regras que reconhecem o pluralismo jurídico. Em outras palavras, as instituições estatais enxergam os indígenas como pessoas que percorrem o caminho da incapacidade jurídica à capacidade plena à medida em que se familiarizam com a cultura dominante, e não como pessoas que podem transitar entre diferentes ordens jurídicas. Por outro lado, a experiência recente de países latino-americanos que se abriram ao pluralismo jurídico mostra um caminho difícil e repleto de questões em aberto. As que mais se destacam são a possibilidade de violações de direitos humanos por autoridades indígenas e a tensão entre centralização política e autonomia política. Em relação ao primeiro caso, o aspecto crucial é saber quem deve julgar as violações e sob quais critérios, além de evitar decisões culturalmente enviesadas. Já o segundo caso depende da superação de traços autoritários relacionados ao governo central e da predominância das estruturas estatais já consolidadas, tanto no nível central quanto no nível local, sobre as instituições mantidas pelos povos indígenas. Ainda há um descompasso entre o discurso constitucional de igualdade entre as ordens jurídicas e a prática de subordinação das ordens indígenas às instâncias estatais.

An essay on aquatic rights; intended as an illustration of the law relative to fishing, and to the propriety of ground or soil produced by alluvion and dereliction in the sea and rivers.

Mode of access: Internet.

Journal of the Society of Comparative Legislation.

Includes an annual "Review of legislation".

Journal of the Society of Comparative Legislation.

Includes annual "review of legislation" covering the years 1895-1917.

Comparative legislation bulletin.

At head of title: Wisconsin Free Library Commission. Legislative Reference Department.

Ancient law: its connection with the early history of society and its relation to modern ideas.

"... April, 1892. Mr. Murray's list of new publications": 28 p. at end.

Commentaries on colonial and foreign laws : generally, and in their conflict with each other, and with the law of England /

Includes bibliographical references and index.

Views from Hamburg : the Juno Trader case or how to make sense of the coastal State's rights in the light of its duty of prompt release

Special edition: The United Nations and international legal order - the case of the Juno Trader - on 18 December 2004, the International Tribunal for the Law of the Sea ordered the prompt release of a refrigerated cargo vessel and its cargo for fisheries violations in an exclusive economic zone - Tribunal unanimously decided that the vessel and cargo be released, upon posting of a bond in the form of a bank guarantee - crew should be free to leave without conditions - in this case, on prompt release, the Tribunal made valuable contributions to existing case law on the issue - shows that specialised tribunals may perform a decentralised application of the international rule of law - crystallises international fundamental standards of fairness and human rights.