Defending core values: Human rights and the extradition of fugitives

2020 ◽  
Vol 57 (4) ◽  
pp. 581-596
Author(s):  
Asif Efrat ◽  
Abraham L Newman
Keyword(s):  
European Union ◽  
Human Rights ◽  
The United States ◽  
Core Values ◽  
Political Resistance ◽  
Theoretical Expectation ◽  
The European Union ◽  
Human Rights Abuse ◽  
The Relationship

Are states willing to overlook human rights violations to reap the fruits of international cooperation? Existing research suggests that this is often the case: security, diplomatic, or commercial gains may trump human rights abuse by partners. We argue, however, that criminal-justice cooperation might be obstructed when it undermines core values of individual freedoms and human rights, since the breach of these values exposes the cooperating state to domestic political resistance and backlash. To test our argument, we examine extradition: a critical tool for enforcing criminal laws across borders, but one that potentially threatens the rights of surrendered persons, who could face physical abuse, unfair trial, or excessive punishment by the foreign legal system. We find support for our theoretical expectation through statistical analysis of the surrender of fugitives within the European Union as well as surrenders to the United States: greater respect for human rights correlates with the surrender of fewer persons. A case study of Britain confirms that human rights concerns may affect the willingness to extradite. Our findings have important implications for debates on the relationship between human rights and foreign policy as well as the fight against transnational crime.

The EU's Economic Cooperation with North Korea: The Possibility as a Useful Tool to Complement Korea-US Cooperation

2009 ◽  
Vol 12 (2) ◽  
pp. 125-149 ◽  
Author(s):  
Jong-Sue Lee
Keyword(s):  
European Union ◽  
Human Rights ◽  
Korean Peninsula ◽  
North Korea ◽  
The United States ◽  
Policy Position ◽  
The European Union ◽  
Member States ◽  
The North ◽  
The Eu

North Korea conducted 2nd nuclear test on May 25, 2009. It made a vicious circle and continued military tension on the Korean Peninsula. North Korea regime got a question on the effectiveness of the six party talks and ‘security-economy exchange model’. In addition, the North Korea probably disappointed about the North Korea issue has been excluded from the Obama administration's policy position. So the dialogue or relationship recovery with the United States and North Korea through six-party talks or bilateral talks will be difficult for the time being. This paper examines the EU policy on North Korea. Based on the results, analyzes the EU is likely to act as a balancer on the Korean Peninsula. Through the procedure of deepening and expanding the economic and political unification, the EU utilizes their cooperative policies towards North Korea as an ideal opportunity to realize their internal value and to confirm the commonness within the EU members. The acceleration of the EU's unification, however, began to focus on human rights, and this made their official relationship worse. Yet, the EU is continuously providing food as wells as humanitarian and technological support to North Korea regardless of the ongoing nuclear and human rights issues in North Korea. Also, the number of multinational corporations investing in North Korea for the purpose of preoccupying resources and key industries at an individual nation's level has been increasing. The European Union has unique structure which should follow the way of solving the problem of member states like subsidiary principle. It appears to conflict between normative power of the European Union and strategic interests on member states. This paper examines if the European Union is useful tool to complement Korea-US cooperation in the near future.

6. General principles of law

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
General Principles Of Law ◽  
Relationship Of ◽  
The Relationship

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR), and the European Charter of Fundamental Rights (EUCFR). It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.

scholarly journals How Smallness Fosters Clientelism: A Case Study of Malta

2019 ◽  
Vol 67 (4) ◽  
pp. 1034-1052 ◽  
Author(s):  
Wouter Veenendaal
Keyword(s):  
European Union ◽  
Member State ◽  
Political Life ◽  
The European Union ◽  
Face To Face ◽  
High Turnout ◽  
State Size ◽  
The Relationship

While it has long been assumed that smaller communities are more prone to particularistic politics, the relationship between state size and clientelism remains strongly undertheorized. Departing from the assumption that face-to-face contacts, overlapping role relations, stronger monitoring mechanisms, and the enhanced power of single votes contribute to the emergence of patron–client linkages, this article provides an in-depth case study of clientelism in Malta, the smallest member state of the European Union. The analysis reveals not only that patron–client linkages are a ubiquitous feature of political life in Malta, but also that the smallness of Malta strongly affects the functioning of clientelism by eliminating the need for brokers and enhancing the power of clients versus patrons. In addition, clientelism is found to be related to several other characteristics of Maltese politics, among which the sharp polarization between parties, extremely high turnout rates, profound executive dominance, and the incidence of corruption scandals.

scholarly journals The European Union and Image Resilience during Times of Crisis: The Role of Public Diplomacy

2017 ◽  
Vol 12 (4) ◽  
pp. 257-282 ◽  
Author(s):  
Mai’a K. Davis Cross ◽  
Teresa La Porte
Keyword(s):  
United States ◽  
European Union ◽  
Public Diplomacy ◽  
The United States ◽  
The European Union ◽  
Negative Perceptions ◽  
Exogenous Factors ◽  
Shed Light

A resilient actor is one with the capacity to recover from setbacks and obstacles, whether stemming from endogenous or exogenous factors. Beyond actual recovery, this article argues that there is also an important perceptional dimension. Image resilience is the capacity on the part of actors to overcome and deal with the widespread negative perceptions that often follow on the heels of these setbacks. The article argues that the ability to cultivate image resilience rests significantly on the power of public diplomacy. Through establishing a strong image for an actor over the longer term, public diplomacy enables that actor to be more resilient during times of crisis. The European Union is a particularly good case study to shed light on this. Using original interview evidence, this article examines a specific example of how the European Union was ultimately able to strengthen its image resilience in the United States through public diplomacy.

scholarly journals EU’s human rights dialogues with Belarus and the developments around presidential elections

2020 ◽  
Vol 11 ◽  
pp. 378-390
Author(s):  
Madalin-Catalin Blidaru
Keyword(s):  
European Union ◽  
Human Rights ◽  
Presidential Elections ◽  
Historical Analysis ◽  
Policy Instrument ◽  
The European Union ◽  
Human Right ◽  
Policy Tool ◽  
Additional Support

. The 2020 presidential elections in Belarus were characterised by widely recognised human rights violations. The European Union decided not to recognise the results after important declarations and consultations among its leaders. However, the European Union and Belarus were engaged in a structured human rights dialogue. The author discusses the links between the human rights dialogue as a foreign policy instrument and the dynamics around the 2020 presidential elections in Belarus. The hypothesis stresses that the evolution of the bilateral dialogues provides information on the developments within the relations between the European Union and Belarus. The case study, based on extensive analysis of official documents, finds additional support for the claim against the effectiveness of the human right s dialogues with third parties. Apart from a better understanding and a channel of dialogue with the country, the human rights topics recreated an environment in which it justified the return to restrictions and sanctions against individuals involved in illegitimate actions. The historical analysis of the presidential elections, particularly the climate around their organisation, the assessment of the human rights dialogues as a policy tool, and the analysis of the official dialogues on the thematic areas of concerns from the human rights dialogues support this hypothesis. 

scholarly journals Raising compulsory automobile insurance minimum amounts: a case study from the United States

2019 ◽  
Vol 4 (2019/4) ◽  
Keyword(s):  
United States ◽  
European Union ◽  
Union Member ◽  
The United States ◽  
Automobile Insurance ◽  
The European Union ◽  
Automobile Accidents ◽  
Member States ◽  
European Union Member States

This article discusses a decision both European Union Member States and states in the United States must make: whether to raise their compulsory automobile insurance minimum amounts. The authors review a case study from the United States, the Commonwealth of Pennsylvania, and conclude a proposed increase in the compulsory minimum amounts should pass the legislator. The purpose of compulsory automobile insurance is to compensate victims of automobile accidents. Due to inflation, the minimum amounts in Pennsylvania no longer compensate adequately. Moreover, the data do not support the contention that an increase in the minimum amounts will cause large increases in premiums and uninsured rates. The authors conclude that compulsory minimum amounts should be periodically reviewed, as they are in the European Union, and that arguments about large increases in premiums and uninsured rates should be subjected to a careful review based on data.

1. Context, Background, and Institutions

2020 ◽  
pp. 3-16
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
European Union ◽  
Human Rights ◽  
Secretary General ◽  
The Other ◽  
European Convention ◽  
The Political ◽  
The European Union ◽  
Council Of Europe ◽  
The Relationship

This chapter examines the history and institutions associated with the European Convention on Human Rights (ECHR). It discusses the political context in which the European Convention was drafted and both the political developments and philosophies which shaped its content. It also examines the system of protection provided by the different organs of the Council of Europe; the relationship between those organs and other international courts and tribunals, including the European Union; and the role of the Secretary-General of the Council of Europe, the Commissioner for Human Rights, and the other human rights instruments of the Council of Europe in the enforcement of the human rights provisions.

Using Comparative Reasoning in Human Rights Adjudication: The Court of Justice of the European Union and the European Court of Human Rights Compared

2013 ◽  
Vol 15 ◽  
pp. 383-415 ◽  
Author(s):  
Christopher McCrudden
Keyword(s):  
European Union ◽  
Human Rights ◽  
Normative Theory ◽  
Fundamental Rights ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship

AbstractThis chapter examines the relationship between the methods that the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) use to decide disputes that involve ‘human’ or ‘fundamental’ rights claims, and the substantive outcomes that result from the use of these particular methods. It has a limited aim: in attempting to understand the interrelationship between human rights methodology and human rights outcomes, it considers primarily the use of ‘comparative reasoning’ in ‘human’ and ‘fundamental’ rights claims by these courts. It is not primarily concerned with examining the extent to which the use of comparative reasoning is based on an appropriate methodology or whether there is a persuasive normative theory underpinning the use of comparative reasoning. The issues considered in this chapter do some of the groundwork, however, that is necessary in order to address these methodological and normative questions.

Present and Future Relations between the ECJ and the ECtHR

ICL Journal ◽  
2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Rosmarie Doblhoff-Dier ◽  
Sandra Kusmierczyk
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
European Union Law ◽  
The Road ◽  
European Court ◽  
On The Road ◽  
The Relationship

AbstractBy acceding to the European Convention on Human Rights (ECHR), the EU’s role as supranational player in the complex human rights architecture of Europe will be finally recognized. On 5 April 2013, the negotiators of the accession procedure of the European Union to the ECHR agreed on a package of draft accession instruments. Constituting a mile­stone on the road to accession, the now revised Accession Agreement still leaves vast room for discussion. By critically scrutinizing some of its modalities, this article will evaluate its impact on the human rights jurisdiction of the European Court of Justice (ECJ) and the Eu­ropean Court of Human Rights (ECtHR) and the relationship between both courts. To this end, it will address the somewhat disproportionate involvement of the European Union in the future jurisdiction of the ECtHR and in the decision making of the Council of Europe in matters linked to the ECHR. Furthermore, it will focus on the compatibility of the Draft Agree­ment with the principle of autonomous interpretation of European Union Law: a highly rel­evant discussion for the ECJ’s future Opinion under Article 218 (11) TFEU on the compatibil­ity of the finalized draft agreement with the Treaties - the next hurdle for accession.

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