Lecture 10 Discussion
Pe0512
Week10EffectivenessandHumanRights.pptxWeek 10
Forced Migration + EU Human Rights Court Struggles
Prof Maslanik Spring 2021
Effectiveness of National and EU Policies in Forced Migration
Effectiveness is overall rather limited.
i.e., we should not over estimate their capabilities.
Namely, push factors are typically beyond the capabilities of policy makers.
Reactive Measures > Proactive Measures
New Strategy should be implemented to help meet these challenges.
Well directed aid, fair trade, managing debt burdens and strategically organized reintegration programs should be at the core of the regimes recalibration.
Little evidence to suggest policy has the largest impact.
Human Rights Court and Outcomes in the EU
Most “sophisticated” though failing to meet up to its promises.
10,000 judgements not put into effect!
Article 46.4 European Convention on Human Rights Can Send Cases Back to the Court
Means, human rights abuses have carried on for years: Separating HIV + Prisoners in Greece, Police Brutality in Bulgaria, Improper investigation of prisoner deaths in Romania.
Igor Mammadov opposition leader in Azerbaijan remains in prison 3 years later.
EU Council Members found guilty of violating human rights are instructed to do two things: Compensate those who won the case & and implement new national legislation to avoid a repeat.
Standard v. Enhanced Cases
2nd Gen of Human Security
Human Security Networked is seemingly lackluster since the end of the 1990s.
Notable Successes
Ottawa Treaty banning anti-personnel landmines.
The International Criminal Court (ICC)
Resolving some issues addressing the sale and distribution of conflict diamonds and small arms.
More of a space for member states (the head of which rotates every six months) to air their pet projects.
Eradicate Poverty and Promote Prosperity
2030 Agenda for Sustainable Development
Human Security Approach
Threats to Human Life
Dignity, livelihoods and survival.
Vulnerabilities must be attacked holistically not individually.
Prevention
Partnerships? Are they impactful?
The EU is more well positioned for implementing a human security agenda on its own.
Need to maintain clear conceptualization—Fishing Rights vis-à-vis Human Trafficking and endemic poverty.
Define human security in terms of thresholds, rather than a blanket slate of issues.
Clarity of Intent – Must maintain a critical edge, even when it is swept into the “mainstream.”
European Disintegration
Hegemonic Stability Theory
Broader Hegemonic Platform
A renewed Franco-German Coalition
A Franco-German coalition with the addition of Poland to represent the Central and Eastern members states
The Coalition of eight members states (including Germany) stretching from the Netherlands to the Baltic Sea.
The growth of Euroscepticism
Discussion Questions
1. Following Hervey, in what way does Europe's Human Rights court struggle to implement its laws?
2. How did the EU structure the issue of Human Security and what are the challenges it continues to face?
3. How Effective are EU and National Policies regarding asylum and refugees?
4. What has the European Convention on Human Rights done for Europe?
5. Is the argument of "disintegration" compelling? Which of Webber's solutions is applicable and in your opinion, what issue (economic, immigration, security etc.), would lead the way toward the disintegration of the European Union.
