1,722,498 research outputs found
The African Union System of Refugee Protection: A Champion not a Recipient?
No full textAfrica has often been treated as a mere recipient of legal systems, particularly by the former colonial powers. However, an examination of the African practice of international law reveals that, in the specific area of refugee protection, Africa has been championing a legal framework capable of successfully addressing the African region’s ‘peculiar’ refugee problem. The rise and evolution of the refugee protection system in Africa, within the African Union (which in 2001 replaced the Organisation of African Unity), dates from a time when the process of decolonisation, and the increasing number of refugees and displaced persons in Africa, laid bare the inadequacy of the international regime of refugee protection for dealing with the problem. Accordingly, the African states established a complementary system of refugee protection that has, over the years, contributed to the development of new legal instruments, an analysis of which will answer the question of whether the innovative African system of refugee protection is likely to have an influence on the development of international law in this area
Good Governance and Foreign Direct Investment: A Legal Contribution to a Balanced Economic Development in the East African Community (EAC)
No full textOne of the objectives of the East African Community (EAC) is the promotion of a balanced economic development between its Partner States: Burundi, Kenya, Rwanda, Tanzania, and Uganda. And one of the ways to reach this economic development is the attraction of investment, especially Foreign Direct Investments (FDI). Paradoxically some theories submit that a regional integration between countries characterized by striking asymmetries, as is the case between EAC Partner States, leads to the agglomeration of FDI in one or two countries with the best combination of key FDI determinants. As a consequence of this inequitable attraction of FDI, the frustrated countries would be tempted to defect from the regional integration initiative. This would seriously undermine the regional integration process in the EAC. Based on the history of the EAC, this thesis takes the eventuality of such a threat seriously. Therefore, after a throughout analysis of the current situation in the EAC, it suggests that the observance of good governance principles, i.e. properness, accountability, transparency, participation and respect for human rights, in the building up of strong regional institution and the making of adequate policies related to investment would help mitigate the adverse consequences of asymmetries between the EAC Partner States. In this perspective, this thesis can be considered as a legal contribution to the complex mechanism that needs to be put in place to ensure an equitable distribution of FDI between EAC Partner States, which – in turn – would foster a balanced and harmonious development between them
Grensoverschrijdend contracteren binnen de Europese Unie: de erkenning en tenuitvoerlegging van beslissingen in burgerlijke en handelszaken gebaseerd op het beginsel van wederzijds vertrouwen, getoetst aan het EVRM
No full textVoor een rechtsgeding tussen contractspartijen afkomstig uit twee of meer EU-lidstaten is in de Brussel I Verordening herschikking bepaald welke rechter in de zaak bevoegd is, en ook dat de erkenning en tenuitvoerlegging van de door het gerecht van herkomst gegeven ‘beslissing’ automatisch dient te geschieden. Die automatische erkenning en tenuitvoerlegging is gebaseerd op het Unierechtelijke beginsel van ‘wederzijds vertrouwen in de rechtsbedeling in de Unie’. Het is de balans tussen deze eenvoudige erkenning en tenuitvoerlegging enerzijds en de weigering om dat te doen vanwege dringende redenen anderzijds die in dit artikel naar aanleiding van de recente zaak Avotiņš/Letland centraal staat
The Janus face of precarity: Securitisation of Roma mobility in the UK
No full textTechnological developments and the free movement of people within the EU have enabled Member States to implement new geopolitical control measures to increase migration control and social sorting of undesired migrant groups. As part of a securitisation process, these measures are often expanded upon and justified in terms of economic threat that aims to restrain ‘opportunist Central East European migrants’, who are associated with welfare dependence and cheap labour. Although unemployed Roma migrants are exposed to social exclusion due to the stigma of ‘benefit shoppers’, this paper explores how current neoliberal labour market structures facilitate new securitisation processes and fuel the precarity of Roma, even if they are employed in the host country. Based on a multi-sited ethnography completed in The United Kingdom, it will be illustrated how communitarianism of Member States stratifies the moral values of migrants’ labour in a manner that defines the preconditions of social inclusion of newcomers in host societies. In short, this paper argues that even for migrants who are not welfare dependent and who are self-sustaining, their social inclusion is defined by engagement in the sort of labour that is culturally acknowledged by the host society
Onderzoeksplicht of zorgvuldigheidsplicht bij de Wet Markt en Overheid?: Het CBb verleent park-assist aan gemeenten
No full textA. Cuyvers, The EU as a Confederal Union of Member Peoples. Exploring the potential of American (con)federalism and popular sovereignty for a constitutional theory of the EU, diss. Leiden
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How to silence the lambs?: Constructing authoritarian governance in post-transitional Hungary
No full textThis paper examines a range of arguments put forward to explain how financial surveillance of non-governmental organisations empowers authoritarianism in the post-transitional Hungarian context. In doing so, it attempts to shed light on the limitations of existing surveillance theories regarding the historical component of surveillance tolerance and the different modes of governance in post-communist European countries. It argues that post-transitional disappointment in democratic governance is causing Hungarians to become resigned to political decisions and to support new forms of authoritarian rules. Such a stoic attitude and the historically embedded surveillance culture facilitate the use of monitoring mechanisms that not only target terrorists as an external security threat, but also target NGOs defined as ‘the enemies of national values’. Hungarian authoritarian policies are not facilitated by extended surveillance practices, as Anglo-Saxon theories have regularly argued, but by the way they are used as an instrument of a political deterrence strategy against political opponents
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