46 research outputs found
Book review: Jan Wouters and Katrien Meuwissen (Eds.), National Human Rights Institutions in Europe: Comparative, European and International Perspectives. Antwerp: Intersentia, 2013
No full textMulti-layered Gaps between ILO Conventions and the Chinese Legal Protection for Migrant Women Workers as Domestic Helpers in China
No full textIntense Winter Surface Melt on an Antarctic Ice Shelf
Get PDFThe occurrence of surface melt in Antarctica has hitherto been associated with the austral summer season, when the dominant source of melt energy is provided by solar radiation. We use in‐situ and satellite observations from a previously unsurveyed region to show that events of intense surface melt on Larsen C Ice Shelf occur frequently throughout the dark Antarctic winter, with peak intensities sometimes exceeding summertime values. A regional atmospheric model confirms that, in the absence of solar radiation, these multi‐day melt events are driven by outbreaks of warm and dry föhn wind descending down the lee side of the Antarctic Peninsula mountain range, resulting in downward turbulent fluxes of sensible heat that drive sustained surface melt fluxes in excess of 200 W m−2. From 2015 to 2017 (including the extreme melt winter of 2016), ∼23% of the annual melt flux was produced in winter, and spaceborne observations of surface melt since 2000 show that wintertime melt is widespread in some years. Winter melt heats the firn layer to the melting point up to a depth of ∼3 m, thereby facilitating the formation of impenetrable ice layers, and retarding or reversing autumn and winter cooling of the firn. While the absence of a trend in winter melt is consistent with insignificant changes in the observed southern hemisphere atmospheric circulation during winter, we anticipate an increase in winter melt as a response to increasing greenhouse gas concentration
Impediments to Uncovering the Human Rights Dimension of Sino-African Engagement
No full textSpeculation around China-Africa relations has grown in recent years, particularly since 2006 when these relations were formalised in the first form of the Forum of China-Africa Cooperation (FOCAC) held in Beijing, China. Since then, the scholarly field of China-Africa studies has bourgeoned, becoming a field of inquiry unto itself. In this regard China-Africa studies have been particularly interested in the political, economic and environmental dimensions of these relations. Due to geopolitical shifts and increased interest in developments in the global South, commentary and policy by international actors on Sino-Africa relations has been rife. As a result a large part of the scholarly field has focused on interrogating myths that have surrounded these relations. Shifting international frameworks and relations has additionally popularised the topic of China-Africa engagement in international discourses external to the relationship itself. For this reason the ‘demystification’ of China-Africa relations has increased in scholarship and become a large part of China-Africa studies. Nevertheless, one area that remains highly speculated albeit understudied is the human rights dimension of this relationship. It is here where this research seeks to fill a void, as it sets out to explore this dimension at the intersection of international relations and international human rights. Precisely due to the lack of rigorous scholarly inquiry into the human rights dimension, this aspect of these relations remains mired in assumption and speculation. This research is therefore a fundamental step in exploring this dimension by firstly demarcating, establishing and problematising the existing discourse on the human rights dimension of Sino-African relations (or what it terms the HR|SAr discourse). It is specifically concerned with the western discourse of this topic as it remains a particularly influential, dominant and widely circulated discourse with far-reaching implications for both international relations and human rights. By using a discursive approach, this research bridges the gap between discursive representations of this dimension of the relationship and reality. Furthermore it points to the constructed nature of the discourse, highlighting how its’ constructions are problematic and at times misleading. It specifically problematises the discourse’s representations of human rights, the nature of the relationship and actors through a postcolonial lens, whereby the discourse is analysed in light of its’ processes of ‘othering,’ its’ use of exclusionary frameworks and its’ colonial impulses. As such these representations are problematised insofar as they constitute impediments to uncovering or holistically understanding the human rights dimension of Sino-African relations. A critical discursive approach (CDA) is used which allows the researcher to challenge some of the fundamental assumptions and representations that characterise the discourse. This is deemed a necessary step in establishing a scholarly and informed basis for understanding the human rights dimension of Sino-African relations. Not only is the discourse problematised in so far as it impedes understanding the human rights dimension of Sino-African relations, but it additionally looks at the policy implications of the discourse’s representations. The research concludes that while the discourse reproduces exclusions, hierarchies and processes of ‘othering’ that are problematic in light of principles of equality and inclusion, the HR|SAr discourse equally challenges the fundamental universality of human rights by impeding their resonance worldwide
Mogelijkheden voor betere coördinatie van socialezekerheidsrechten voor naar de EU gemigreerde en vanuit de EU gemigreerde derdelandonderdanen: Een onderzoek aan de hand van case study Turkije
No full textThird-country nationals can use regulation 1231/10 to invoke regulation 883/04, However, the territorial limitation imposed by regulation 1231/10 still limits third-country nationals. The main issue is that regulation 1231/10 is restricted to EU territory. Outside of the EU, any requirement regarding equal treatment in accordance with regulation 1231/10 is not applicable. Decision 3/80, the European Convention on Social Security, the Dutch-Turkish social security treaty and ILO Treaty 118 also consider facts outside of the EU, as demonstrated by figures of the Employee Insurance Agency and Social Insurance Bank. Relevant facts outside of the EU include for example the periods of time third-country nationals lived and worked in third countries and the export of benefits to these countries. My proposal to conclude new treaties with third countries on the EU level was discussed in the context of the four analysed coordination schemes. In the discussion, I have researched what possibilities exist to include the techniques of the involved schemes in treaties with third countries, to address those exact issues faced by third country nationals as a result of the limited territorial scope of regulation 1231/10. In addition to facing possible issues because the territorial scope is limited to the EU, third-country nationals also face issues from regulation 1231/10 resulting from the requirement that a third-country national must be in a situation which is not confined in all respects within a single EU Member State. We have seen that the analysed coordination schemes do not require the cross-border movement between at least two EU Member States before involved persons can call upon the concerned coordination schemes. With respect to these coordination schemes, it suffices that the involved persons move from one treaty country to another. This is therefore not limited to just EU Member States. There are no relevant objections for cancelling the requirement that third-country nationals as a result of regulation 1231/10 must be in a situation which is not confined within a single EU Member State. I have discussed the possible conditions for considering facts outside the EU. These conditions are the following: the nature and level of the benefit, the enforcement of national legislation rules, the demand for reciprocity and preventing a disruption in the labour market. These possible conditions for considering facts outside the EU were inventoried out of the coordination developments with regard to third-country nationals on both a national and EU level. The assessment of my proposal to conclude new treaties to include third countries against the relevant conditions has shown that when it comes to the coordination of social security for third-country nationals, it is possible to create a coordination scheme that is more effective than regulation 1231/10. The EU Member States can overcome the few disadvantageous consequences that were discussed in my proposal by establishing further measures. If EU Member States proceed with my proposed expansion, this will therefore not lead to a heavier load on financing their social security systems, and therefore would not have any significant disadvantages for EU Member States
The Road to Reconciliation? Optimizing the Legitimacy and Efficacy of the International Criminal Court within the African Union and Africa
No full textIt is close to a decade now that tensions continue to obstinately persist between the International Criminal Court (ICC) and the African Union (AU) to the point of numerous threatened en masse withdrawals by African States from the Rome Statute. This, automatically following in the wake of an all exclusive African caseload comprising influential African Heads of State, all of whom have been indicted by the ICC. As a result of these ongoing tensions a legitimacy crisis of the ICC in Africa has been predicated on this basis with the foremost accusation labeling the ICC as a neo-colonialist organization bent on derailing peace and sovereignty in Africa. The main aim of this thesis is therefore to determine whether the ICC is indeed suffering from such a legitimacy crisis particularly within the African Union, and then by extension in Africa, and to subsequently explore and reduce this legitimacy crisis under the common identified legitimacy deficient fault lines. As such, this research aims to address identified rifts, propose solutions and enhance the legitimacy and efficacy of the ICC and its Prosecutor within the African Union and most importantly within Africa. The end goal of this thesis is thus to facilitate what might be considered a type of political reconciliation between both institutions, a rebuilding of the fractured relationship that now supposedly exists between the ICC and AU. The latter goal of reconciliation is considered crucial not only for the development and protection of human rights in Africa, particularly in terms of combatting impunity, but also is considered pertinent for an in depth understanding of human rights and its trajectory on the African continent which necessitates a deeper acknowledgement by the ICC and affiliated proponents on the dynamics that shape the African response to pivotal ICC criticisms. The core research question under investigation in this book is therefore: “Which factors are currently contributing to the presumed erosion of the legitimacy of the ICC and its Prosecutor in Africa and how can they be redressed?” This main research question is further divided into three sub questions two of which stem out of the findings emanating out of the first sub question. The first sub question begins by addressing the section on the institutional legitimacy of the Court and examines the question “How do African leaders and more so the African Union perceive the legitimacy of the ICC and how do they build their own legitimacy? In follow up to this question the second sub question focuses on the jurisdictional legitimacy of the Court and asks the question “How can a balance be found between local justice and the jurisdiction of the ICC?” And finally the third and final sub question investigates the topic of cultural legitimacy as it relates to the ICC and posits the question “How can international criminal law be adapted to deal more effectively with “African” cultural paradigms?” The methodology used to answer these questions relies on an innovative mix of legal and social science methods, comprising the qualitative method of grounded theory. Ethnographic material also served as an additional source augmenting the legal analysis made
Deliberative democratic decision making, universal values, and cultural pluralism: A proposed contribution to the prevention of violent extremism through education
No full textFostering cohesion and acceptance amidst a plurality of cultures and values is a clear context for quality education and also for PVE. This article proposes that deliberative democratic decision making (DDD) can result in agreements on (quasi-universal) values that accommodate both the claims of universal values – including human rights – and cultural pluralism and particularism. The article suggests that any agreed upon values framework itself becomes generative of curriculum and teaching and learning processes that will foster quality education, with conditions that also contribute to the prevention of violent extremism. An explicit treatment of values across the whole school as a subject of inquiry and agreement by all members of the school community can contribute to a healthy school environment and praxis for learners that serve the aims of PVE. Following an exploration of these arguments, the article presents concrete strategies for critical values clarification within the schooling system that recognize how universality and pluralism co-exist
Mogelijkheden voor betere coördinatie van socialezekerheidsrechten voor naar de EU gemigreerde en vanuit de EU gemigreerde derdelandonderdanen: Een onderzoek aan de hand van case study Turkije
No full textThird-country nationals can use regulation 1231/10 to invoke regulation 883/04, However, the territorial limitation imposed by regulation 1231/10 still limits third-country nationals. The main issue is that regulation 1231/10 is restricted to EU territory. Outside of the EU, any requirement regarding equal treatment in accordance with regulation 1231/10 is not applicable. Decision 3/80, the European Convention on Social Security, the Dutch-Turkish social security treaty and ILO Treaty 118 also consider facts outside of the EU, as demonstrated by figures of the Employee Insurance Agency and Social Insurance Bank. Relevant facts outside of the EU include for example the periods of time third-country nationals lived and worked in third countries and the export of benefits to these countries. My proposal to conclude new treaties with third countries on the EU level was discussed in the context of the four analysed coordination schemes. In the discussion, I have researched what possibilities exist to include the techniques of the involved schemes in treaties with third countries, to address those exact issues faced by third country nationals as a result of the limited territorial scope of regulation 1231/10. In addition to facing possible issues because the territorial scope is limited to the EU, third-country nationals also face issues from regulation 1231/10 resulting from the requirement that a third-country national must be in a situation which is not confined in all respects within a single EU Member State. We have seen that the analysed coordination schemes do not require the cross-border movement between at least two EU Member States before involved persons can call upon the concerned coordination schemes. With respect to these coordination schemes, it suffices that the involved persons move from one treaty country to another. This is therefore not limited to just EU Member States. There are no relevant objections for cancelling the requirement that third-country nationals as a result of regulation 1231/10 must be in a situation which is not confined within a single EU Member State. I have discussed the possible conditions for considering facts outside the EU. These conditions are the following: the nature and level of the benefit, the enforcement of national legislation rules, the demand for reciprocity and preventing a disruption in the labour market. These possible conditions for considering facts outside the EU were inventoried out of the coordination developments with regard to third-country nationals on both a national and EU level. The assessment of my proposal to conclude new treaties to include third countries against the relevant conditions has shown that when it comes to the coordination of social security for third-country nationals, it is possible to create a coordination scheme that is more effective than regulation 1231/10. The EU Member States can overcome the few disadvantageous consequences that were discussed in my proposal by establishing further measures. If EU Member States proceed with my proposed expansion, this will therefore not lead to a heavier load on financing their social security systems, and therefore would not have any significant disadvantages for EU Member States
Future physics opportunities for high-density QCD at the LHC with heavy-ion and proton beams
Get PDFThe future opportunities for high-density QCD studies with ion and proton beams at the LHC are presented. Four major scientific goals are identified: the characterisation of the macroscopic long wavelength Quark-Gluon Plasma (QGP) properties with unprecedented precision, the investigation of the microscopic parton dynamics underlying QGP properties, the development of a unified picture of particle production and QCD dynamics from small (pp) to large (nucleus--nucleus) systems, the exploration of parton densities in nuclei in a broad (, ) kinematic range and the search for the possible onset of parton saturation. In order to address these scientific goals, high-luminosity Pb-Pb and p-Pb programmes are considered as priorities for Runs 3 and 4, complemented by high-multiplicity studies in pp collisions and a short run with oxygen ions. High-luminosity runs with intermediate-mass nuclei, for example Ar or Kr, are considered as an appealing case for extending the heavy-ion programme at the LHC beyond Run 4. The potential of the High-Energy LHC to probe QCD matter with newly-available observables, at twice larger center-of-mass energies than the LHC, is investigated
Two-pion femtoscopy in p-Pb collisions at root(NN)-N-S=5.02 TeV
No full textWe report the results of the femtoscopic analysis of pairs of identical pions measured in p-Pb collisions at root(NN)-N-S = 5.02 TeV. Femtoscopic radii are determined as a function of event multiplicity and pair momentum in three spatial dimensions. As in the pp collision system, the analysis is complicated by the presence of sizable background correlation structures in addition to the femtoscopic signal. The radii increase with event multiplicity and decrease with pair transverse momentum. When taken at comparable multiplicity, the radii measured in p-Pb collisions, at high multiplicity and low pair transverse momentum, are 10%-20% higher than those observed in pp collisions but below those observed in A-A collisions. The results are compared to hydrodynamic predictions at large event multiplicity as well as discussed in the context of calculations based on gluon saturation
