Party prohibition cases: different approaches by the Turkish constitutional court and the European Court of Human Rights

The article deals with the different approaches followed by the Turkish Constitutional Court and the European Court of Human Rights (ECtHR) in party prohibition cases. The Turkish Constitution and even more so the Law on Political Parties contain a long list of party bans, the violation of which leads to the closure of the party by the Constitutional Court. The Turkish Constitutional Court, both under the 1961 and the 1982 Constitutions, interpreted these provisions in an exceedingly illiberal manner, and has so far closed down a total of 24 political parties. Turkish rules and practices concerning the prohibition of political parties are among the most important ‘democracy deficits’ of the Turkish political system. In the article, the Turkish Court's illiberal approach to party prohibition cases, especially those involving the protection of the national and territorial integrity of the state and of the principle of secularism, is compared with the much more liberal criteria developed by the ECtHR and the Venice Commission.     

Can human rights conditionality reduce repression? Examining the European Union’s economic agreements

The insertion of human rights commitments into international economic agreements is now a widespread practice. We argue that the effect of such commitments depends on the degree of leverage held by one partner over the other. In a comprehensive analysis of the European Union’s (EU’s) relations with developing countries, we find that human rights clauses are conditionally effective; they are associated with improved political freedom and physical integrity rights only in countries that are more heavily dependent on EU aid. An in-depth look at the EU’s enforcement of its human rights clause in the African-Caribbean-Pacific (ACP) group reveals that the Union most often responds to violations of political rights—particularly coups and flawed elections—and that enforcement is indeed a more powerful catalyst for change in highly aid-dependent states. Alternative explanations—that the impact of the human rights clause depends on legalization, the country’s strategic importance, NGO activity, or domestic institutions—find little support.     

Bogus Refugees? The Determinants of Asylum Migration to Western Europe

This article analyzes the determinants of asylum migration to Western Europe. Potential asylum seekers balance the costs of staying versus the costs of migrating. Estimation results confirm that economic hardship and economic discrimination against ethnic minorities lead to higher flows of asylum seekers. However, political oppression, human rights abuse, violent conflict, and state failure are also important determinants. Migration networks and geographical proximity are important facilitators of asylum flows as predicted by theory and colonial experience, religious similarity, and casual contact with the developed world (aid, trade, and tourism) are not. Natural disasters and famines are also not statistically significant determinants. These events are typically short term and unexpected, whereas asylum migration to Western Europe requires preparatory planning. If Western European countries want to tackle the root causes of asylum migration, then they need to undertake policy measures that promote economic development, democracy, respect for human rights, and peaceful conflict resolution in countries of origin.     

A Faustian bargain or just a good bargain? Chinese foreign direct investment and politics in Europe

This article explores the political challenges posed by the recent influx of Chinese outward foreign direct investment (OFDI) into the European Union (EU), which has become in 2011 the top destination for Chinese investment in the world. The central political question facing European states welcoming the influx of Chinese capital is whether this is a good bargain—a positive-sum game where both investor and investee benefit—or instead a Faustian bargain—a zero-sum game in the long term where capital is accompanied by implicit conditionality affecting European norms and policies, from human rights to labor laws. The novelty of Chinese FDI has the potential to affect politics in Europe in three different venues: inside European countries, between European countries, and between Europe and third countries. This article, whose main goal is to launch a research agenda on the political implications of Chinese FDI, explores in turn its potential impact on foreign and domestic policy, institutional process within the EU, and transatlantic relations.     

Hitting the right target: EU and Security Council pursuit of terrorist financing

This article analyses one specific instance of the use of targeted sanctions to combat the financing of terrorism by the European Union on behalf of the United Nations Security Council. The case raised a number of issues involving the use of sanctions against non-state actors and provoked a legal challenge at the European Court of Justice. These European court cases have been portrayed as a challenge to the use of targeted sanctions by the Security Council to maintain international peace and security. The fundamental critique here is that targeted sanctions must adhere to due process and the rule of law in order to protect individual human rights.     

Perceptions of Asia in Europe

The question of how Asia is perceived by the European Union is becoming increasingly relevant for European as well as for Asian policy makers. The more successful Asia and emerging countries like China and India become, the more vulnerable the European public and all involved stakeholders are to fall victim to old and new stereotypes. A lack of knowledge may result in the EU becoming more vulnerable to developing prejudice towards Asia. The new research project “Asia in the Eyes of Europe” aims to identify, measure and compare public awareness and perceptions of Asia within the European Union. The research is to deliver an analysis of Europe’s cognitive outlook towards Asia. It tracks the existing landscape of perceptions of Asia within the EU and seeks to contribute to, deepen and enhance European–Asian understanding. A study of Asia’s image in Europe can thus help Europeans and Asians to understand in how far their interaction impacts on the shaping of institutions of regional governance that can complement structures of global governance.     

Is Democracy Promotion Effective in Moldova? The Impact of European Institutions on Development of Civil and Political Rights in Moldova

The main focus of this study is an analysis of the impact on civil and political rights of democracy promotion strategies applied by the European Union, the Council of Europe, and the Organization for Security and Cooperation in Europe in Moldova in the 1990s to early the 2000s. Nowadays, democracy promotion is at the top of the agenda of policy-makers around the globe. The results of these democracy-promotion activities are quite mixed: some of them seem to work in certain cases, others to have no effect whatsoever. There is also a lack of consensus regarding the effectiveness of various democracy-promotion strategies in the scholarly literature. This study aims to contribute to the existing literature by expanding the analysis to a new case (Moldova), focusing on one sector (civil and political rights), and comparing the effects of the two types of democracy promotion strategies (incentive-based and socialization-based). The study argues that domestic actors in Moldova tended to respond more to incentive-based democracy-promotion strategies than to socialization-based ones, and it also shows through qualitative analysis and process-tracing of the data that the absence of membership conditionality does not necessarily presuppose the failure of incentive-based methods.     

大变局下欧洲战略取向及其影响

欧洲视野下的大变局,一是西方所谓普世价值体系遭遇困境,西方霸权正趋于终结;二是欧洲在世界地缘政治中可能无可挽回地趋于边缘化;三是非西方世界特别是中国经济和社会发展的成功带来冲击。在大变局之下,欧洲虽未制定明确的因应战略,但内外政策已经呈现出较为明显的方向性特点。第一是防卫性上升,"保护"成为其内外政策主基调;第二是尝试走"第三条道路,"体现出欧洲在全球的独立地位和影响力,作为角逐的一方而不是作为角逐场存在;第三是战略收缩,固本靖边。欧洲是具全球性影响力的主要力量之一,其战略取向的变化必然会产生较大影响,包括对欧洲自身发展的影响,对大国互动的影响,中欧关系的未来将更为复杂。     

The EU's policy towards China and the arms embargo

Since the rise of the “Middle Kingdom” in recent years most European leaders consider this major Asian power as the most important opportunity and challenge in the years to come, not only economically and commercially but also politically and strategically. The EU's China policy is promising, and EU–China ties have been smooth and comprehensive despite bilateral trade and human rights disputes. Concerning Cross Strait relations the domestic political development in Taiwan has a strong impact on the peace and stability in the region because Beijing has never renounced the use of force against the island in case of its formal independence. Given its large bilateral trade deficit, the EU's potential arms exports to China remain significant to the European countries. But this prospect aroused great concern from the US, Russia and Japan. Nonetheless, the Anti-Secession Law from Beijing against Taiwan in mid March 2005 and the likely change of government in the German elections in autumn 2005 on top of the failures of the constitutional referenda in France and the Netherlands in June 2005 will affect the EU decision on the embargo.     

Sino-European Relations in Debt Crisis

Sovereign debt problems exist not only in European countries.Most advanced countries are troubled with a debt burden.There has been a lot of discussion about the reasons for the crisis in Europe-high g...     

Inequality and Human Rights: Who Controls What, When, and How

This article tests the empirical relationship between inequality and the protection of personal integrity rights using a cross-national time-series data set for 162 countries for the years 1980–2004. The data comprise measures of land inequality, income inequality, and a combined factor score for personal integrity rights protection, while the analysis controls for additional sets of explanatory variables related to development, political regimes, ethnic composition, and domestic conflict. The analysis shows robust support for the empirical relationship between income inequality and personal integrity rights abuse across the whole sample of countries as well as for distinct subsets, including non-communist countries and non-OECD countries. The hypothesized effect of land inequality is also born out by the data, although its effects are less substantial and less robust across different methods of estimation. Additional variables with explanatory weight include the level of income, democracy, ethnic fragmentation, domestic conflict, and population size. Sensitivity analysis suggests that the results are not due to reverse causation, misspecification or omitted variable bias. The analysis is discussed in the context of inequality and rights abuse in specific country cases and the policy implications of the results are considered in the conclusion.     

The Method is the Message: The Current State of Political Communication Research

Formal journalism ethics, as laid out in codes of ethics by journalism associations and the like, is part of a wider debate on media ethics that has been triggered in the Middle East due to the advent of global media in the region. This study compares journalism codes from Europe and the Islamic world in order to revisit the widespread academic assumption of a deep divide between Western and Oriental philosophies of journalism that has played a role in many debates on political communication in the area. The analysis shows that there is a broad intercultural consensus that standards of truth and objectivity should be central values of journalism. Norms protecting the private sphere are, in fact, more pronounced in countries of the Near and Middle East, North Africa, and in the majority of Muslim states in Asia than is generally the case in Europe, although the weighing of privacy protection against the public's right to information is today a component of most journalistic codes of behavior in Islamic countries. Obvious differences between the West and many Islamic countries are to be found in the status accorded to freedom of expression. Although ideas of freedom have entered formal media ethics in the Middle East and the Islamic world, only a minority of documents limit the interference into freedom to cases where other fundamental rights (e.g., privacy) are touched, whereas the majority would have journalists accept political, national, religious, or cultural boundaries to their work. Despite existing differences between Western and Middle Eastern/Islamic journalism ethics and in contrast to the overall neoconservative (Islamist) trends in societal norms, formal journalism ethics has been a sphere of growing universalization throughout the last decades.     

Human Rights Disparities between Europe and the United States: Conflicting Approaches to Poverty Prevention and the Alleviation of Suffering

The US and most of Europe disagree over the validity of a human rights approach to economic development and planning. These differences manifest themselves in policy outcomes with higher protections in Europe for the poor, the vulnerable, and the weak. The US approach of limited state action, on the other hand, appears to create insecurity for the needy. Europe's success in poverty alleviation presents an ethical challenge to US reluctance to accept legal obligations to provide a basic right of subsistence to its citizens.     

Terrorism,Human Rights and Law Enforcement in Spain

ABSTRACT

Terrorism systematically violates human rights and disrupts basic political processes common to liberal democracies. Combating terrorism is thus necessary in order to protect these fundamental rights and maintain the well functioning of tolerant polities. However, state initiatives put in place to cope with terrorism may also damage human rights, even when these measures are formulated by elected accountable authorities and implemented in the context of open societies. Spain has precisely been among those European countries most affected by the wave of terrorism initiated more than three decades ago across western industrial societies, and thus where violations of fundamental rights as well as obstacles to the exercise of civil liberties as a consequence of such violence became particularly severe. Also, a case where effective rule of law was temporarily damaged in the fight against the ethnonationalist terrorism perpetrated by ETA (an acronym for Euskadi ta Askatasuna, meaning Basque Homeland and Freedom) but successfully restored by efforts from both state institutions, as a result of an effective division of power, and civil society. It is therefore an experience providing substantive knowledge and valuable insights on how to counter terrorism in accordance with the principles and procedures of democracy. Accordingly, this paper aims at a better understanding on the interrelated issues of terrorism, human rights and law enforcement in a context of political change.     

Beyond citizenship and residence? Exploring the extension of voting rights in the age of globalization

The introductory article to the special issue discusses how the extension of voting rights beyond citizenship (that is, to non-national immigrants) and residence (that is, to expatriates) can be interpreted in the light of democratization processes in both Western countries and in developing regions. It does so by inserting the globalization-specific extension of voting rights to immigrants and expatriates within the long-term series of historical waves of democratization. Does the current extension enhance democracy by granting de facto disenfranchised immigrants and emigrants political rights or does it jeopardize the very functioning of democracy by undermining its legitimacy through the removal of territorial and national boundaries? The article offers a synthesis of the findings of the volume's contributions in a broad comparative perspective covering both alien and external voting rights in Europe, sub-Saharan Africa, and Latin America. It shows that reforms toward more expansive electorates vary considerably and that their effects on the inclusion of migrants largely depend on the specific regulations and the socio-political context in which they operate.     

"Us" and "them": European and North American attitudes to immigration

This work compares attitudes toward immigration in Europe and North America. Europe has adopted and reinforced a restrictive immigration policy since the 1970s, but family reunification and asylum for refugees have replaced labor migration to maintain the flow of newcomers over the past two decades. Illegal immigration has increased in countries such as Italy and Spain where immigration is a recent phenomenon. Migratory pressure from the former Soviet block, violence against immigrants in Germany and elsewhere, the crisis of social protection systems, economic recession and increasing unemployment have pressured European governments to reinforce their closed door policy. In the US, restrictions against immigration have relaxed greatly since adoption of the Immigration Reform and Control Act in 1986. Over 800,000 immigrants have been admitted annually to the US in recent years. The factors explaining the different immigration policies in North America and Europe are not economic or demographic, but stem rather from history, social structure, the functioning of the labor market and social mobility. North America, more than Europe, has a positive view of immigration as contributing to the vitality and renewal of the culture and promoting development by broadening experience and knowledge. Immigration is regarded in Europe as, at best, a necessity in times of labor shortage and economic expansion. European countries tend to perceive themselves as totally formed and not requiring further cultural contribution. Homogeneity in culture, language, and religion is valued. Social mobility is possible in North America through professional success, but in the older and more hierarchical societies of Europe, social status is determined by birth and family or other connections. Since the early 1990s, public opinion toward immigration has become less favorable on both sides of the Atlantic, with increasing proportions favoring limitation. The positive perception of immigration in America and the work of pressure groups have thus far blocked restrictionist measures. In Europe, restrictive policies are in perfect harmony with public opinion.     

Human rights and the Clean Development Mechanism

The 2010 UN climate conference in Cancún emphasized that ‘Parties should, in all climate change related actions, fully respect human rights’. However, so far there is no further guidance. This article discusses the relevant legal human rights norms and two case studies from the Kyoto Protocol's Clean Development Mechanism (CDM). The first case (Bajo Aguán, Honduras) shows that the current absence of any international safeguards can lead to registration of highly problematic projects. The second case (Olkaria, Kenya) suggests that safeguards, introduced here as a side effect of World Bank involvement, can have a positive impact, but that it is necessary to have them based on human rights. It therefore seems recommendable that the UN climate regime develop mandatory human rights safeguards. In addition or alternatively, individual buyer countries or groups of countries, such as the European Union, could introduce their own additional requirements for CDM projects.     

Effects and side effects of European Union assistance on the former Soviet republics

Since the early 1990s the European Union (EU) has been the largest donor to the post-Soviet states. In the last decade it more than doubled development assistance to the region. One of the major purposes of assistance is human rights promotion. At the same time, it is still an open question whether, and under what conditions, assistance can improve human rights in recipient countries. This study applies time-series cross-section (TSCS) analysis to identify effects of external assistance. Using data from 12 post-Soviet states over 20 years, I show that conditions under which states are more likely to display a positive effect are high state capacity and political conditionality attached to economic cooperation agreements. Whereas, when state capacity is lower, assistance might cause a slight deterioration of the human rights situation. In hybrid regimes, assistance is associated with negative effects, indicating that external assistance might induce deterioration of human rights in such regimes.     

The Company You Keep: International Socialization and the Diffusion of Human Rights Norms

Does membership in Intergovernmental Organizations (IGOs) affect states' human rights behavior? One might expect IGOs with a specific human rights mandate, like the International Labour Organization or the Council of Europe, to have a positive effect on the human rights practices of their member states. But what about other sorts of IGOs, particularly those with no direct connection to human rights issues? This study employs cross-national data on abuses of "physical integrity rights" for 137 countries over the period 1982–2000 to test the hypothesis that IGOs can promote the diffusion of human rights norms by providing venues for interstate socialization. Recent empirical work on IGOs has suggested that this sort of socialization effect can play an important role in promoting democracy and can also lead to a more general convergence among states' interests. The results presented here suggest that IGOs can have a surprisingly powerful influence on states' human rights practices as a result of this process.