This thesis aims to answer the research question: what influences countries in their response to the alleged human rights abuse of the Uyghur ethnic minority in China? In order to answer this, the...Show moreThis thesis aims to answer the research question: what influences countries in their response to the alleged human rights abuse of the Uyghur ethnic minority in China? In order to answer this, the concept of human rights in international relations, as well as the three main theories of international relations are projected on two case studies of international reactions to China’s alleged human rights abuse of the Uyghur ethnic minority in the Xinjiang autonomous region: Turkey and the European Union.Show less
The present Bachelor thesis looks at why refugees of Palestinian origin are treated differently from all other refugees and how this affects their rights. Palestinian refugees are the only group...Show moreThe present Bachelor thesis looks at why refugees of Palestinian origin are treated differently from all other refugees and how this affects their rights. Palestinian refugees are the only group that has been specifically excluded from the protection and the rights stipulated in the 1951 Refugee Convention. Although their ongoing displacement clearly constitutes a protracted refugee situation, Palestinian refugees do not respond to three-step solution that the UNHCR pursues in such situations: assimilation, resettlement or repatriation. By resolution 194 the United Nations in 1948 enshrined the right of return for the Palestinian refugees and created a dedicated agency, the Conciliation Commission on Palestine (UNCCP), to assure the collective rights of Palestinians. The UNCCP has become obsolete over the years without being formally abandoned and the UNRWA, the Relief and Works Agency that is tasked with the delivery humanitarian assistance is facing increasing restrictions. Being tied to weak organisations that were meant to offer some sort of protection, many Palestinian refugees today have to face the dilemma that only collective rights, as stipulated in resolution 194, preserve their right of return. Upholding this collective claim means that they have to no access to individual rights and thus suffer from a protection gap that is ever growing.Show less
The Responsibility to Protect principle introduced both the state’s and the international community’s responsibility to protect human rights. The principle is regarded as an emergent norm that is...Show moreThe Responsibility to Protect principle introduced both the state’s and the international community’s responsibility to protect human rights. The principle is regarded as an emergent norm that is yet to be successfully diffused and classified as a global norm. This thesis assesses the principle’s normative trajectory through the use of Finnemore and Sikkink’s ‘norm life cycle theory’ (1998). This work works toward a better understanding of Russia’s approach towards the emergent norm of human rights by default. By assessing Russia’s approach towards intervention, this study reviews the claim that Russia seeks to undermine the norms that underpin R2P. This has been conducted via a qualitative case study that reviews the following cases: Georgia, Crimea, Libya and Syria. The findings demonstrate that although Russia is actively engaged with the principle’s norm development process, it did also attempt to interpret the norm according to its own preferences. However, only once was the norm was truly undermined - in the case of Crimea.Show less
Research master thesis | Middle Eastern Studies (research) (MA)
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This thesis is engaged in the challenge that non-state actors pose for the international order in a context of human rights violations. For that, it focuses on how these actors influence...Show moreThis thesis is engaged in the challenge that non-state actors pose for the international order in a context of human rights violations. For that, it focuses on how these actors influence international politics, mainly through their role on implementing human rights norms, taking as a study case the Western Sahara pursuit of self-determination. The international and transnational solidarity network are to be seen as advocacy networks, and their actions, history, and role on implementing human rights norms will be analyzed. The domestic dimension of this advocacy will be explored through an initiative emerged from the Dutch society – the Polisario Komitee. The transnational dimension, in its turn, will be analyzed through the European Coordinating Conference of Support to the Sahrawi People (EUCOCO). The work will shed light on how these initiatives operate, in order to analyze if they prove to be effective in promoting the change they are committed to – as well as what are the elements that influence negatively in their advocacy. For that, the methodological approach includes a combination of primary archival sources, interviews, and literature on human rights, International Relations, and advocacy networks.Show less
ABSTRACT One of the approaches to problems regarding immigration and border control is to ask the question if the right to immigration ought to be a human right. Although the human right to...Show moreABSTRACT One of the approaches to problems regarding immigration and border control is to ask the question if the right to immigration ought to be a human right. Although the human right to immigration does not exist in law of morality, border control policies still need to be morally justified by self-determination and be free of the coercion of personal autonomy.Show less
The EU-Turkey Deal concluded on the 18th of March 2016 has as its main goal the reduction of irregular migration. It is the latest evidence of the increasing externalization of the European Union’s...Show moreThe EU-Turkey Deal concluded on the 18th of March 2016 has as its main goal the reduction of irregular migration. It is the latest evidence of the increasing externalization of the European Union’s asylum policies which is achieved through the conclusion of agreements between the Union and third countries regarding asylum processes. It allows the EU to maintain control over entries into its territory and the asylum process, yet questions have arisen regarding its ability to uphold the rights of asylum seekers and provide respect for fundamental human rights. Under Article 80 TFEU, Union policies are to be governed by the principles of solidarity and responsibility sharing within the European Union and in its relation to the wider world. The EU-Turkey Deal implies Turkey’s status as a Safe Third Country on the basis of Article 38 of the Asylum Procedure Directive under the Common European Asylum System. A failed military coup, a violent breakdown and a refugee population of 2.8 million people of which most are without basic needs all hint toward Turkey’s inability to be designated a Safe Third Country. Many angles to the EU Turkey Deal have been examined, except for its conformity with international and European law. This is where this research paper comes in. It examines Turkey status as a Safe Third Country and investigate its conformity with and ability to uphold the principles of solidarity and responsibility sharing and provide respect for fundamental human rights. To that end, this research paper analyses primary legal sources combined with NGO reports to deconstruct Turkey’s status as a Safe Third Country. An argumentative legal dogmatic methodology examines whether Turkey was in compliance with obligations arising out of international, European and Turkish legal sources. The findings of this analysis are combined with the analysis of the most important court cases of the European Court of Human Rights, the European Court of Justice and NGO reports. This research papers’ main finding is that Turkey cannot be designated as a Safe Third Country and that the Deal violates international and European law. This because Turkey is in breach of three essential requirements to be designated a Safe Third Country; it does not respect the principle of nondiscrimination, it does not respect the principle of non-refoulement and it does not provide for access to the asylum procedure. This results in an inability of the Deal and Turkey to uphold the rights of asylum seekers and to provide for solidarity and responsibility sharing.Show less
The concept of Gay Pride Parade goes back many years, the first parades took place in 1970s United States. Since then, the concept of Gay Pride Parade has travelled not only from New York City to...Show moreThe concept of Gay Pride Parade goes back many years, the first parades took place in 1970s United States. Since then, the concept of Gay Pride Parade has travelled not only from New York City to other cities in the US, but also to cities all over the world. Both the Netherlands and Brazil are countries where Gay Pride Parades have been organized, although both in their own form with their own identity. However, realism, as an international relations theory, argues that non-state actors are not in a position to influence human rights policy as this can be done solely by states. This would mean that either Gay Pride Parade is not a multifunctional tool influencing legal emancipation, at the most only social emancipation, or that gay rights cannot be seen as human rights in this scenario. A link of causality between Gay Pride Parade and LGBT emancipation cannot be proven because of the lack of measurability of LGBT emancipation in its totality. However, to write the influence of such non-state actors of completely because of this, would not be correct either. Thus: when analyzing Gay Pride Parades and LGBT emancipation in the Netherlands and Brazil from 1970 onwards, how do Gay Pride Parades affect LGBT emancipation?Show less
In August 2010, The European Union (EU) withdrew its preferential trade agreement GSP+ from the island nation of Sri Lanka that was recovering from a long drawn civil war. The grounds for the...Show moreIn August 2010, The European Union (EU) withdrew its preferential trade agreement GSP+ from the island nation of Sri Lanka that was recovering from a long drawn civil war. The grounds for the withdrawal was cited to be Sri Lankan Government's poor human rights record in the latter stages of the war which had garnered international outcry. The ad hoc withdrawal of the scheme which was yoked to the Sri Lankan economy was damaging to the Sri Lankan economy and in particular its Ready-Made-Garment (RMG) industry that is central to povery alleviation in rural sectors of the country. In addition to the Sri Lankan Government was defiant of the EU's verdict and is believed to have made very little change. It is for this reason scholars argue that while the Human Rights concerns of the conflict were pressing, the objective of the EU withdrawal was unclear granted it achieved very little of its desired effect. Other writers have described it as 'democracy building' and 'economic terrorism' on the part of the EU. The objective of this research is to assess the effectiveness of the EU's withdrawal of GSP+ from the Sri Lankan economy and draw a conclusion on which side of the scholarly debate is more plausible.Show less
This thesis discusses the comfort women legacy, women's rights movements in Korea, and how these phenomena have influenced each other over time since the Second World War. Through this assumed...Show moreThis thesis discusses the comfort women legacy, women's rights movements in Korea, and how these phenomena have influenced each other over time since the Second World War. Through this assumed correlation, the arguments presented in this thesis will fill a gap in the already existing literature surrounding these concepts.Show less
Under international law, states assume obligations to respect, protect, and to fulfil human rights (OHCHR). This thesis will demonstrate that the state can fail to carry out these tasks, and that...Show moreUnder international law, states assume obligations to respect, protect, and to fulfil human rights (OHCHR). This thesis will demonstrate that the state can fail to carry out these tasks, and that in these situations businesses can step up to enforce human rights, thus filling regulatory gaps. This topic will be approached by first providing a definition of CSR, and explaining the relevance of the concept. Following this, the thesis will discuss different eras in the history of state versus business power, proposing that there has been a shift from an era of extensive state power towards a relative erosion of state capacities, accompanied by an increase in the power of corporations. While it will be proposed that this erosion of state capacities has opened up new possibilities for companies to adopt political responsibilities (Schrempf-Stirling 2), the thesis will also seek to understand why companies would make use of these possibilities. In order to analyze firms’ motivations to expand their influence to the political sphere to promote human rights, the thesis will introduce a theoretical framework which will identify three different CSR theories. To examine the applicability of these theories, the thesis will perform three case studies in the context of the United States: 1) Open Carry, 2) Public Facilities Privacy & Security Act or the ‘House Bill 2’, also known as the ‘bathroom bill’, and 3) Executive Order 13769 or the so-called ‘Muslim ban’ or ‘travel ban’. Through these steps, the objective of the thesis is to determine 1) whether businesses have indeed expanded their capacities to the political realm in the context of human rights promotion, thus filling regulatory gaps as suggested by CSR scholarship, 2) how they have done so, and 3) what the underlying motivations behind companies’ CSR practices are. The findings are expected to support the twofold hypothesis that 1) businesses can become the key enforcers of human rights by expanding their power to the political arena, and 2) businesses have philanthropic and ethical responsibilities besides their economic responsibility of profit-maximization, which contribute to explaining their CSR activities.Show less
This research attempts to add to the existing literature on the extent to which state sovereignty can restrict the efforts of international actors in the 21st century, specifically the World Bank,...Show moreThis research attempts to add to the existing literature on the extent to which state sovereignty can restrict the efforts of international actors in the 21st century, specifically the World Bank, to guarantee social development and the protection of human rights. The World Bank is an organisation that in recent years has been criticised for not upholding human rights obligations due to reasons largely placed on the failings of the organisation itself. However, this paper examines state sovereignty, an external reason for the World Bank’s failure in upholding international human rights obligations, using the case study of the Chad-Cameroon Pipeline Project (CCPP).Show less
The increase of ASEAN tasks and functions has risen to a point where human rights have become enshrined in a regional commission. How can this be explained considering the history of straight up...Show moreThe increase of ASEAN tasks and functions has risen to a point where human rights have become enshrined in a regional commission. How can this be explained considering the history of straight up human right abstinence and abuses throughout the history of the member states. I hypothesise in this thesis that the recent democratisation of regimes of ASEAN member states caused supranationalism in the form of the creation of the ASEAN Intergovernmental Commission for Human Rights. In order to consolidate the new democracy, regimes may pursuit locking them in into supranational institutions. This will prevent the democratic regime from falling back to authoritarian rule, since it’s citizens rights are protected by a higher authority, out of reach of the direct power of the regime. Results suggest this theory may hold validity in the ASEAN region where recently democratised states are more likely to support supranational institutions than the long term democracies or authoritarian states. This means change in direction and norms in ASEAN is the result of democratisation of member states that are using ASEAN as vehicle for domestic political goals.Show less
By violating human rights norms in its refugee and asylum admissions policies while simultaneously advocating globally its adherence to the principles of liberal democracy, the United States has...Show moreBy violating human rights norms in its refugee and asylum admissions policies while simultaneously advocating globally its adherence to the principles of liberal democracy, the United States has provoked controversy over its immigration policy. Such controversy is the central focus of this essay. This essay will argue that increasing intolerance towards refugees and asylum seekers after 9/11 undermines aspects of liberal democracy in the United States by violating human rights norms in its refugee and asylum admissions policies.Show less
This thesis evaluates the compatibility of sharia law with modern universal values and human rights. The methodology used in this research is a comparative case study, taking Saudi Arabia and...Show moreThis thesis evaluates the compatibility of sharia law with modern universal values and human rights. The methodology used in this research is a comparative case study, taking Saudi Arabia and Malaysia as the two case studies analysed. The main focus of this research is evaluating the political and social factors which influence the extent to which Muslim countries comply with modern universal values and human rights. The political factors examined include state structure and governmental influence over the application of laws in a nation. Meanwhile, the social factors analysed include the influence of the history and background of a state over its laws. Subsequently, this comparative case study highlights the different manners in whch sharia law is applied across the Islamic world due to the influence of social and political factors.Show less
Martha Nussbaum provides with her capabilities approach some interesting ideas that might improve the current human rights doctrine substantially. However, Charles Beitz – who bases his practical...Show moreMartha Nussbaum provides with her capabilities approach some interesting ideas that might improve the current human rights doctrine substantially. However, Charles Beitz – who bases his practical conception on the existing human rights practices – questions if the capabilities approach can adequately cope with feasibility constraints. In this thesis, I will examine the relation of capabilities and human rights, and argue that the capabilities approach can account for Beitz’s feasibility-concerns. In addition, I will suggest that Beitz places feasibility constraints too central in his theory, and incorrectly assumes his practice-based method does not need a normative basis.Show less
Through qualitative legal research, this paper will answer the question: ‘How can constitutionalism be balanced with a human rights perspective, in EU accession to the ECHR?’ We hypothesize that...Show moreThrough qualitative legal research, this paper will answer the question: ‘How can constitutionalism be balanced with a human rights perspective, in EU accession to the ECHR?’ We hypothesize that this balance is possible. From the current academic debate, three theories applicable to this research are distilled: constitutionalism; a human rights perspective; and institutionalism. Through application of the first two theories, a concrete proposal for the way forward in EU accession to the Convention is constructed. The legal options for this proposal consist of Treaty revisions (including the adoption of a ‘notwithstanding’ protocol), unilateral measures (reservations, declarations, and agreements), and renegotiation of the Draft Accession Agreement. Thirteen amendments are proposed: eleven to the Draft Accession Agreement; one to the Draft Explanatory Report; and one to the TEU. Furthermore, it is argued throughout this research that institutionalist tendencies matter, but cannot serve as sole explanations for the Court’s reasoning. As the key conclusion, we find that a way forward in accession, that considers both constitutional demands and a human rights perspective, exists. Appended to this paper, a comprehensive proposal for this way forward is introduced.Show less