scholarly journals Frontex and the convergence of humanitarianism, human rights and security

2018 ◽  
Vol 49 (6) ◽  
pp. 457-475 ◽  
Author(s):  
Nina Perkowski
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Combined Effects ◽  
Member States ◽  
Human Rights Abuses ◽  
Starting Point ◽  
Relationship Of ◽  
The Relationship ◽  
Depth Interviews

While there has been growing scholarly interest in the convergence of humanitarianism and security in contemporary EUropean border governance, much of the existing literature has neglected the role of human rights in this process. Drawing on in-depth interviews with Frontex officials, this article takes the simultaneous portrayal of the agency as rescuer of migrants at sea, promoter of fundamental rights and defender of EUropean citizens against migrant threats as a starting point to rethink the relationship of humanitarianism, human rights and security in the governing of EUropean borders. Conceptualizing them as discourses of protection that render their subjects vulnerable in various ways, the article contributes to a deeper understanding of the connections and combined effects of humanitarianism, human rights and security in EUropean border governance. Finally, it shows that Frontex’s positioning in humanitarian, human rights and security terms has strengthened the agency in three ways. First, it has allowed Frontex to cooperate with a range of actors in ‘managing’ EUropean borders. Second, it has enabled the agency to become a ‘go-to’ solution to diverse crises in border governance. Third, it has allowed Frontex officials to shift blame for human rights abuses to member-states.

Validation and Design Science Research in Information Systems

2012 ◽  
pp. 403-426 ◽  
Author(s):  
Rafael A. Gonzalez ◽  
Henk G. Sol
Keyword(s):  
Information Systems ◽  
Design Science ◽  
Science Research ◽  
Design Science Research ◽  
Theoretical Contribution ◽  
Starting Point ◽  
Relationship Of ◽  
The Relationship ◽  
Validation Strategy

Validation within design science research in Information Systems (DSRIS) is much debated. The relationship of validation to artifact evaluation is still not clear. This chapter aims at elucidating several components of DSRIS in relation to validation. The role of theory and theorizing are an important starting point, because there is no agreement as to what types of theory should be produced. Moreover, if there is a theoretical contribution, then there needs to be clear guidance as to how the designed artifact and its evaluation are related to the theory and its validation. The epistemological underpinnings of DSRIS are also open to different alternatives, including positivism, interpretivism, and pragmatism, which affect the way that the validation strategy is conceived, and later on, accepted or rejected. The type of reasoning guiding a DSRIS endeavor, whether deductive, inductive, or abductive, should also be considered as it determines the fundamental logic behind any research validation. Once those choices are in place, artifact evaluation may be carried out, depending on the type of artifact and the type of technique available. Finally, the theoretical contribution may be validated from a formative (process-oriented) or summative (product-oriented) perspective.

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.

The Tolstoy Connection in Bakhtin

PMLA ◽  
1985 ◽  
Vol 100 (1) ◽  
pp. 68-80 ◽  
Author(s):  
Caryl Emerson
Keyword(s):  
The Self ◽  
The Other ◽  
Good Reader ◽  
Death In Literature ◽  
Binary Model ◽  
Starting Point ◽  
Good Starting Point ◽  
Relationship Of ◽  
The Relationship

Mikhail Bakhtin's work on Dostoevsky is well known. Less familiar, perhaps, is Bakhtin's attitude toward the other great Russian nineteenth-century novelist, Leo Tolstoy. This essay explores that “Tolstoy connection,” both as a means for interrogating Bakhtin's analytic categories and as a focus for evaluating the larger tradition of “Tolstoy versus Dostoevsky.” Bakhtin is not a particularly good reader of Tolstoy. But he does make provocative use of the familiar binary model to pursue his most insistent concerns: monologism versus dialogism, the relationship of authors to their characters, the role of death in literature and life, and the concept of the self. Bakhtin's comments on these two novelists serve as a good starting point for assessing the strengths and weaknesses of the Bakhtinian model in general and suggest ways one might recast the dialogue between Tolstoy and Dostoevsky on somewhat different, more productive ground.

scholarly journals Can positive obligations of States serve as a remedy for human rights violations committed by juristic persons?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-60
Author(s):  
Pavel Ondrejek
Keyword(s):  
Human Rights ◽  
Major Change ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
Human Rights Violations ◽  
Legal Doctrine ◽  
Role Of The State ◽  
The Relationship

Abstract: Positive obligations of States to protect and implement human rights are considered a part of various effects of human rights in legislations. In this article, it is argued that a crucial problem arises from the inconsistent practice of addressing violations of human rights committed by juristic persons together with a lack of underlying general theory of liability for human rights violations committed by private entities. Without a major change in the legal doctrine and case-law, we will need to remain focused on the role of the State as a guarantor of human rights, rather than on the imposition of human rights obligations on private-law entities. In this article, it is argued that the nature of the relationship between a juristic person and the State is not the only relevant aspect, as we should also examine the activity of the juristic person in question.Keywords: Positive obligations of States. Juristic persons. State-juristic person nexus. Fundamental rights. Horizontal effect.Resumo: Obrigações estatais positivas de proteger e de implementar direitos humanos são parte dos vários efeitos dos direitos humanos nas legislações nacionais. Neste artigo, argumenta-se que um problema crucial decorre da prática de abordar violações de direitos humanos cometidas por pessoas jurídicas sem uma teoria geral da responsabilidade por violações de direitos humanos cometidas por entidades privadas. Sem uma mudança importante na doutrina e na jurisprudência será preciso permanecer olhando apenas para o papel do Estado como garantidor de direitos humanos. Neste artigo argumenta-se que a natureza da relação entre uma pessoa jurídica e o Estado não é o único aspecto relevante. É preciso examinar também a atividade da pessoa jurídica em questão.Palavras-chave: Obrigações positivas dos Estados. Pessoas jurídicas.

12. Limiting Powers

2021 ◽  
pp. 451-496
Author(s):  
Robert Schütze
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Bill Of Rights ◽  
The European Union ◽  
Member States ◽  
National Courts ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
Eu Fundamental Rights

This chapter investigates each of the European Union’s three bills of rights and the constitutional principles that govern them. It starts with the discovery of an ‘unwritten’ bill of rights in the form of general principles of European law. The chapter then moves to an analysis of the Union’s ‘written’ bill of rights: the EU Charter of Fundamental Rights, which was adopted to codify already existing human rights in the Union legal order. It also considers the formal relationship between the European Union and the European Convention on Human Rights. Finally, the chapter explores the relationship between EU fundamental rights and the Member States. Despite being primarily addressed to the Union, EU fundamental rights can, in some situations, also bind the Member States (and even their nationals). National courts may thus sometimes be obliged to review the legality of national law in the light of EU fundamental rights.

12. Limiting Powers

2021 ◽  
pp. 451-496
Author(s):  
Robert Schütze
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Bill Of Rights ◽  
The European Union ◽  
Member States ◽  
National Courts ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
Eu Fundamental Rights

This chapter investigates each of the European Union's three bills of rights and the constitutional principles that govern them. It starts with the discovery of an ‘unwritten’ bill of rights in the form of general principles of European law. The chapter then moves to an analysis of the Union's ‘written’ bill of rights: the EU Charter of Fundamental Rights, which was adopted to codify already existing human rights in the Union legal order. It also considers the formal relationship between the European Union and the European Convention on Human Rights. Finally, the chapter explores the relationship between EU fundamental rights and the Member States. Despite being primarily addressed to the Union, EU fundamental rights can, in some situations, also bind the Member States (and even their nationals). National courts may thus sometimes be obliged to review the legality of national law in the light of EU fundamental rights.

scholarly journals The European Court of Human Rights, Transitional Justice and Historical Abuse in Consolidated Democracies

2019 ◽  
Vol 19 (4) ◽  
pp. 675-704
Author(s):  
James Gallen
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Authoritarian Regimes ◽  
European Convention ◽  
Authoritarian Rule ◽  
Human Rights Abuses ◽  
European Court ◽  
The Relationship

Abstract In recent years, both transitional justice and the role of the European Court of Human Rights in dealing with historical abuses have evolved. Transitional justice has begun to address widespread or systemic human rights abuses outside of the contexts of armed conflict and authoritarian regimes. In three key recent judgments, El-Masri v Macedonia, Janowiec v Russia and O’Keeffe v Ireland, the Court has clarified and expanded its approach to addressing historical human rights violations relevant to transitional justice in significant, if inconsistent, ways. To date, there is no exploration of the relationship between transitional justice, historical abuse outside the contexts of armed conflict or authoritarian rule and the European Convention of Human Rights. This article seeks to address that gap by considering the potential opportunities and obstacles for the use of the Convention to address historical abuse in consolidated democracies as a part of transitional justice.

scholarly journals ‘Enemies of the People’? The Judiciary and Claude Lefort’s ‘Savage Democracy’

2020 ◽  
pp. 27-42
Author(s):  
Panu Minkkinen
Keyword(s):  
Human Rights ◽  
Relative Position ◽  
Separation Of Powers ◽  
Theoretical Framework ◽  
The People ◽  
Rubber Stamp ◽  
Starting Point ◽  
Integral Element ◽  
The Relationship

The chapter attempts to, first, clarify the position of human rights in Claude Lefort's unique blend of phenomenologically and psychoanalytically inspired political theory. Human rights, and by extension rights more generally, are in this account an integral element of a 'savage democracy' that Lefort envisioned as the only plausible challenge to the totalitarian tendencies of neoliberalism. From this starting point, the chapter will then discuss the position of the judiciary in contemporary democracies. Standard accounts of the separation of powers reduce the courts' constitutional functions to the application and interpretation of laws issued by an elected legislator. But as the relationship between the legislator and the executive has changed, so, too, has the relative position of the judiciary. A strong executive as the engine of legislative initiatives, supported by a weak 'rubber-stamp' legislature, has highlighted the need to emphasise the democratic potential of the judiciary that goes beyond the 'deferential' role of standard accounts. The chapter will provide a theoretical framework for understanding this democratic role through Lefort's account of human rights.

scholarly journals Some Reflections on the Relationship of Treaties and Soft Law

1999 ◽  
Vol 48 (4) ◽  
pp. 901-913 ◽  
Author(s):  
A. E. Boyle
Keyword(s):  
International Law ◽  
Soft Law ◽  
Practical Relevance ◽  
International Organisations ◽  
Starting Point ◽  
Relationship Of ◽  
The Relationship ◽  
Law Making

My starting point for this discussion of the relationship between treaties and soft law is the observation that the subtlety of the processes by which contemporary international law can be created is no longer adequately captured by reference to the orthodox categories of custom and treaty. The role of soft law as an element in international law-making is now widely appreciated, and its influence throughout international law is evident. Within that law-making process the relationships between treaty and custom, or between soft law and custom are also well understood. The relationship between treaties and soft law is less often explored, but it is no less important, and has great practical relevance to the work of international organisations.

Reworking the Puzzle of Faith and Deeds in James 2.14–26

1997 ◽  
Vol 43 (1) ◽  
pp. 97-115
Author(s):  
Donald J. Verseput
Keyword(s):  
Communal Identity ◽  
Starting Point ◽  
Epistle Of James ◽  
Relationship Of ◽  
The Relationship ◽  
Authorial Audience

The natural starting point for any interpretation of the Epistle of James is its praescriptio, where the author defines for his readers their own communal identity by addressing them as ‘the twelve tribes in the diaspora’. Whatever intentions may have lurked behind the attributive expression , the peculiar designation of the authorial audience as ‘the twelve tribes’ casts the readership with surprising clarity in the role of the true Israel. Although the author does not make further comment upon the relationship of his intended readers to the dominant Judaism of his day, it is surely correct to assume that an organizational separation had occurred. The community which James elsewhere refers to as the ⋯κκλησ⋯α (5.14) and which boasts its own teachers (3.1) and elders (5.14) had most certainly set itself apart in some degree from the entity whose title it is said to possess.

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