Saving the league: V.K. Wellington Koo,the league of nations and Sino‐Japanese conflict, 1931–39

In 1919, VK. Wellington Koo, the most famous Chinese diplomat of the early twentieth century, participated in the creation of the League of Nations at the Paris Peace Conference. Little over a decade later, as Japanese forces expanded into Manchuria and North China, Koo struggled to save the League he had helped found. He argued that inability or refusal to brand Japan as an aggressor would sound the League's death knell. In vain, Koo tried to convince European statesmen that the Far Eastern Crisis was a litmus test of the League's viability as a collective security organization. From 1936 on, League inaction in the face of Japanese, German and Italian expansion left Koo thoroughly disillusioned. The lessons of the League were not forgotten during World War II, when Koo argued that a more effective collective security organization, in the form of the United Nations, be created on a basis similar to Franklin D. Roosevelt's Four Policemen concept.     

“These People Have an Irrevocable Right to Self-Government”: United States Policy and the Palestinian Question, 1977–1979

Upon entering office, Carter Administration officials placed a heavy emphasis on integrating human rights into United States foreign policy. They also sought to contain festering Arab–Israeli tensions in the Middle East. The intersection of these two issues was the Israeli–Palestinian conflict. This article examines the Administration's attempts to solve that conflict and to bring peace to the region. It argues that policymakers developed a sincere dedication to safeguarding Palestinian rights, but that their understanding of those rights was limited in scope and defined through the lens of United States security and strategic interests. In spite of a good-faith effort to satisfy Palestinian desires while maintaining a constructive relationship with Israel, the Administration ultimately failed to alter the status quo because of regional developments. As Washington's strategic thinking changed, so did the urgency of Palestinian rights.     

Negotiating the politics of gender and rights: Some reflections on the status of women's human rights at ‘Beijing Plus Ten’

This article undertakes a review of the development of the women's human rights project, focusing particularly on violence against women and issues of sexuality and reproductive rights. It notes gains by activists in promoting the women's human rights agenda and highlights the continuing impediments to the project from increasingly influential groups and some United Nations member states opposed to women's human rights. A more general problem is a lack of political will from those member states ostensibly committed to the cause who have often failed to translate this ‘commitment’ into effective action. It concludes that, as we approach the tenth anniversary of the ‘Conference of Commitments’, the implementation of initiatives has often been slow and somewhat ineffective. Governments have mastered the rhetoric of respect for women's human rights, yet the full realisation of women's human rights across the world remains elusive.     

How communist is North Korea? From the birth to the death of Marxist ideas of human rights

This article focuses on the Marxist characteristics of North Korea in its interpretation of human rights. The author's main argument is that many Marxist features pre-existed in Korea. Complying with Marxist orthodoxy, North Korea is fundamentally hostile to the notion of human rights in capitalist society, which existed in the pre-modern Donghak (Eastern Learning) ideology. Rights are strictly contingent upon one's class status in North Korea. However, the peasants' rebellion in pre-modern Korea was based on class consciousness against the ruling class. The supremacy of collective interests sees individual claims for human rights as selfish egoism, which was prevalent in Confucian ethics. The prioritization of subsistence rights and material welfare over civil and political rights was also the foremost important duty of the benevolent Confucian king. Finally, unlike Marx's reluctant use of the language of ‘duties’, rights are the offspring of citizens' duties in North Korean human rights discourse.     

NATO--Upholding Ethics in International Security Policy

From a vantagepoint of the September 11 attacks on New York and Washington, this commentary assesses the role of NATO in the field of ethics in foreign policy. Jamie Shea interprets the decision to invoke the 'collective defence' Article 5 of the Washington Treaty as a continuation of the acceptance of a shared destiny which is at the heart of ethics in international security policy. The focal point of this argument is the need to develop the capacity to quickly deploy civilian capabilities, such as police, to conflict hot spots. Military success for crisis management missions depends critically on civilian success--and civilian success depends on effective law enforcement. Ultimately, ethics in international affairs does not end with fine principles and stern moral judgements, but rather with credible organisations and capabilities to ensure that democratic values are upheld. NATO is and will remain indispensable to this effort.     

Military Alliances in the 21 Century: Still Relevant after all These Years?

While military alliances have always been important to the United States, some experts wonder about their future. In today's uncertain security environment, they question whether these alliances may have outlived their usefulness. The author argues that U.S. national security leaders face some difficult choices as they formulate strategy and determine the number and types of collective security arrangements the nation will require to secure its national interests in the future.     

The United Nations and Terrorism: Rethinking Legal Tensions Between National Security, Human Rights, and Civil Liberties

As the international community responds to the September 11 attacks and the general war on terrorism, member states in the United Nations (UN) must continue to address the balance between the rights of the individual and the security of the state. This study highlights the various roles that the UN plays in combating transnational terrorism through norm setting, codification of human rights law, as well as the drafting and effective implementation of 12 key multilateral agreements aimed at counter-terrorism. In these ways, the UN provides direction and guidance for implementing human rights rules and the ways in which they should be enforced. Even so, national governments must make these rules work. In a system of sovereign states, the role of the UN organization in checking or reversing these human rights abuses remains severely limited and largely dependent upon the political will of the member states. As a consequence, part of the price paid for protecting national security against threats posed by terrorism may well be the curtailment of some human rights and civil liberties within the liberal democratic state.     

Chinese National Oil Companies and Human Rights

China's efforts to secure foreign oil and natural gas to meet its growing energy demand are contributing to massive human rights violations in Sudan and Burma. These human rights conflicts, significantly influenced by abundant oil and gas reserves, have strained U.S.-China relations and complicated international efforts to create a more effective architecture to address both rights crises and conflict management over energy resources. The United States and its allies should not only engage Beijing but also bring Chinese national oil companies into the international energy market as stakeholders. Failure to address these matters could encourage other parties seeking scarce energy supplies to take similar compromises on human rights as they court questionable oil regimes, a development that would be detrimental to international peace and security.     

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.     

Regional collective security in Europe: Past patterns and future prospects

NATO's entry into the Balkan war raised salient questions about the alliance's broader mission and, more generally, about Europe's security architecture. This article confronts these questions by revisiting the debate about collective defense versus collective security as organizing principles for alliances. NATO is viewed as serving a hybrid role of promoting collective defense and regional collective security. This latter, under‐valued function relates to NATO's role in promoting internal cohesion among its members and is crucial to understanding the alliance's evolution and its persistance long after the Cold War.     

Corporate security practices and human rights in West Papua

This article explores the intersections between large extractive companies, security governance and human rights. It contributes to understandings of how extractive companies can influence human rights protection in their areas of operation. Drawing on a case study of West Papua, the article argues that extractive companies have important opportunities to promote human rights through their security practices. However the power of extractive companies to determine human rights outcomes is limited by a variety of factors. Examples include: state narratives of nation-building, the financial interests of security personnel and the history of the company's involvement in the area.     

Beyond Border Security: Feminist Approaches to Human Trafficking

International human trafficking—sometimes referred to as modern-day slavery—has increasingly come to be seen as a security threat. The question remains as to what kind of threat human trafficking poses. Traditional security approaches to international human trafficking call for analysis of trafficking as a threat to the state and to state control of borders. Traditional security analyses of trafficking therefore emphasize border security, migration controls, and international law enforcement cooperation. Feminist analyses of human trafficking challenge the traditional security framework, prioritizing the security of trafficked persons and recognizing the manner in which victims are threatened by both traffickers and the state itself. I argue that feminist approaches to human trafficking are essential for understanding and combating the phenomenon. Feminists identify the ethical and pragmatic grounds for broadening the analytical focus from states to people. Feminists' most important contribution, however, lies in the investigations of the social construction of human trafficking, which highlight the destructive role that sexist and racist stereotypes play in constructing the category of trafficking victims.     

Why do Authoritarian Leaders do Regionalism? Ontological Security and Eurasian Regional Cooperation

Collective ontological security refers to the psychological human need to be part of a stable collective identity. Populations expect leaders to help meet these ontological needs and support those that do. In the Eurasian region, Russian and Kazakh presidents have used regional cooperation efforts as, among other objectives, an elite-led strategy of ontological security building and reinforcement. This is especially important as national identities were contested and weak after the collapse of the Soviet Union. Focusing on ontological security presents a novel research perspective on Eurasian regionalism and offers a new (but complementary) explanation for both autocratic regional cooperation and conflict.     

Human Security: The Making of a UN Ideology

Inspired by the conclusions of the United Nations Intellectual History Project, this article seeks to enrich the ongoing discussion on the role of ideas in UN activities. The focus here is on security, an issue often regarded as the organisation's raison d'être. The article argues that over the past two decades the ideology of human security has been the driving normative force behind the global policies advocated by the UN in the area of security. The first part analyses the UN's official discourse, and demonstrates the political importance that it ascribes to the concept of human security. The second section examines a set of global policies that illustrate how the world body has sought to put the principles of human security into practice. While recognising that these policies fall short of the ambitions articulated in UN rhetoric, the article suggests that they have opened a small but very real breach in the epistemic framework underlying the traditional conception of security.     

The Rhetoric of Appeasement: Hitler's Legitimation and British Foreign Policy, 1938–39

Few grand strategies have been more scrutinized than Britain's decision to appease Nazi Germany. From 1933 to 1938, Britain eschewed confrontation and attempted to settle German demands. However in the five months following the negotiations at Munich, the British abandoned appeasement and embraced a policy of confronting the German state. The roots of both appeasement and confrontation can be found in Germany's legitimation strategies. Until the Munich crisis, Adolf Hitler justified Germany's aims with appeals to collective security, equality, and self-determination—norms central to the European system established by the Treaty of Versailles. After Munich, in contrast, German politicians abandoned these legitimation strategies, arguing instead that expansion was justified as a matter of German might, and not international rights. As Britain came to see German demands as illegitimate, so too did they decide this revisionist state was insatiable, impervious to negotiation, and responsive only to the language of force.     

Saving the league: V.K. Wellington Koo, the league of nations and Sino-Japanese conflict, 1931-39

In 1919, VK. Wellington Koo, the most famous Chinese diplomat of the early twentieth century, participated in the creation of the League of Nations at the Paris Peace Conference. Little over a decade later, as Japanese forces expanded into Manchuria and North China, Koo struggled to save the League he had helped found. He argued that inability or refusal to brand Japan as an aggressor would sound the League's death knell. In vain, Koo tried to convince European statesmen that the Far Eastern Crisis was a litmus test of the League's viability as a collective security organization. From 1936 on, League inaction in the face of Japanese, German and Italian expansion left Koo thoroughly disillusioned. The lessons of the League were not forgotten during World War II, when Koo argued that a more effective collective security organization, in the form of the United Nations, be created on a basis similar to Franklin D. Roosevelt's Four Policemen concept.     

Counter-terrorism and alien justice: the case of security certificates in Canada

This article examines the security certificate process that has been in effect in Canada since 1978 and the 2008 amendment (Bill C-3) of the Immigration and Refugees Protection Act. It highlights how democratic means can be used to subvert meaningful policy changes, and underscores the antinomy inherent in a nation-state's zeal to protect its citizens and appeals by a group of Arab Muslim men held under security certificates for suspected terrorist activities for their human rights to be recognised and respected by a state in which they are non-citizens. The problematic immanent in nation-states serving as guarantors of human rights and its concomitant misconstruing of human rights for citizenship rights are used to demonstrate that an ‘internal Other’ has been created in Canada. The security certificate, it is argued, in stipulating that detainees may request to be deported to countries where they regularly reside or hold nationality, makes them akin to Hannah Arendt's notion of the ‘rightless’ – people who have not only lost their home (i.e., polity) or ‘distinct place in the world’, but also their legal status. Consequently, even in an advanced democracy with grandiose claims to, and assurances of, individual liberty and fundamental freedoms, ‘rightless’ people face a great danger by the fact of being nothing beyond ‘human’.     

Human rights and the fight against terrorism in Northern Ireland

After a discussion of the United Kingdom's responsibilities under the European Convention of Human Rights and the political background to the re‐emergence in 1968–69 of terrorism and the stationing of British troops in the Province, the article analyses those human rights issues which derive from the way the fight against terrorism has been conducted over the past 20 years. The issues discussed are, deaths resulting from the actions of the security forces, complaints of ill‐treatment by the police during interrogation, the detentioning of terrorist suspects, the use of exclusion orders to deport from the United Kingdom to Northern Ireland persons formerly resident in that Province, the use of juryless courts (Diplock Courts) for terrorist and other offences, and the banning of political organizations.     

“The Worst of all Worlds:” Oil Sanctions and Italy's Invasion of Abyssinia, 1935–1936

Italy's invasion of Abyssinia in 1935 caused a crisis for the League of Nations. League members imposed limited sanctions against Italy and debated at length the imposition of an embargo on oil shipments to Italy, which came to stand as a symbol of the League's determination to punish the Italian aggressor. The British government conducted a detailed investigation to determine whether or not an oil sanction could compel Italy to abandon its invasion. Although Italy imported the vast majority of its oil, British and League experts concluded that an oil embargo would not succeed. Even if the League instituted a comprehensive embargo amongst its members, Italy could still have secured sufficient supplies from non-members, particularly the United States, which could not legally prevent American companies from trading with Italy. Italy could also have secured additional supplies through third-party transshipments. An additional ban preventing Italy from using League tankers to carry its purchases would not have succeeded either, although the various sanctions together would have increased Italy's costs to import oil and the amount of pressure on its gold reserves. In spite of the technical difficulties involved in implementing an embargo, the British Cabinet continued to support the idea for domestic political reasons; it needed to placate the British public that considered it vitally important to put into practice the League's collective security rhetoric. The League's unwillingness to impose an oil sanction and its evident failure to prevent Italy's conquest of Abyssinia discredited the League and its collective security provisions.     

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.