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The European Union Returns Directive and its Compatibility with International Human Rights Law

Analysis of Return Decision, Entry Ban, Detention, and Removal

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Izabella Majcher

The book undertakes a throughout human rights assessment of the EU Returns Directive. The overarching human rights framework which circumscribes states’ prerogatives in the context of expulsion builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on the assessment of the Directive against this human rights framework, Izabella Majcher discusses several protection gaps in the Directive’s provisions which may result in violations of migrants’ rights and highlights how the Directive’s rules should be implemented to comply with member states’ human rights obligations. Informed by this assessment, the book discusses draft amendments to the Directive, proposed by the European Commission in September 2018.

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Pauline Melin

In The External Dimension of EU Social Security Coordination: Towards a Common EU Approach, Pauline Melin provides a detailed legal analysis of the framework on social security coordination with third countries and offers alternative policy solutions to the current fragmented approach.

The analysis comprises a complete overview of the EU approach to social security coordination with third countries, 9 bilateral agreements (between Belgium, Germany, and the Netherlands, with respectively India, Turkey, and USA) and international standards. Based on this analysis, the author explores the possibility from an institutional perspective to develop a common EU approach through the conclusion of EU agreements. The author concludes by favouring an alternative softer solution through an EU model agreement and proposes that the content of that model agreement be based on the best practices of the current framework.

Extradition Law

Reviewing Grounds for Refusal from the Classic Paradigm to Mutual Recognition and Beyond

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Miguel João Costa

In Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform.
The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels. Moreover, while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition either.
The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.

Majid Daneshgar

This essay will explore how the intellects of both scholars and their audiences are censored. In addition to various Western thinkers, particular attention will be paid to Ali Shari'ati, one of the most influential thinkers of modern Iran, and how he represented an important Islamic tradition. Not only did his ideas inspire revolutionary acts by generations of Iranians, but Turkish, Arab, Malay, Indonesian, and Indian philosophers, sociologists, theologians, and politicians have all employed his definitions of concepts such as justice, injustice, revolution, corruption, and bliss. This article sheds light both on how intellectuals influence their audience, and their long-term impact on broader communities. In order to do so, it will analyze the material and political conditions that censor both what scholars are able to say, and what their audiences are allowed to hear.

Reem Doukmak

Reem Doukmak was born in Syria and studied English literature at al-Baath University. In 2007 she completed her Master’s degree at the University of Warwick. With the help of cara she continued her studies at Warwick where she is now starting her academic career. Her work investigates how the right pedagogic interventions can help children in refugee camps. The use of drama plays a key role in her research and feeds into broader questions surrounding self-representation and agency. These are among the vital issues The Journal of Interrupted Studies has also sought to explore. We were lucky to engage Reem on her research and its implications for addressing the problematic discourses that surround refugees and yet neglect to include their voice.

Nasser Karami

Due to its widespread political and social consequences, the relationship between drought and climate change in the Middle East has been widely reported on by the media. Climate change is mainly understood within the paradigm: “prolonged drought is created and intensified by global warming.” The purpose of the study is to review this paradigm and examine aspects of it. Thus, climate trends in the Middle East are studied across three periods: 1900–1970, 1970–2000, and 2000–2017. Due to the importance of studying sequences of drought occurrence based on timescales of climatic patterns, the climatic trends of the Khuzestan Plain, were examined too. The results show that to have a clear understanding of both the modality of climate change in the Middle East and the current dominant paradigm, predominant assumptions of the paradigm should be reconsidered. For example, prolonged droughts are part of the natural pattern of climate in the Middle East, although the current drought has not been recorded for at least 100 years. This claim is based on the fact that prolonged droughts in this region can have natural causes, which can be studied as long-term climate trends, although the impact of global warming on the escalation of the Middle Eastern drought is undeniable. However, the exacerbating effect of non-anthropogenic factors on the impact of drought in the region should be studied, too. Additionally, as an epistemological assumption, the term “drying up” (as a new normal and permanent climatic pattern) should be used instead of “drought” (as a normal and reversible pattern) to determine the current climate change situation in the Middle East. The author concludes that the findings emphasize the need for further research in order to identify the modality of climate change in the Middle East.

Abdul Awal Khan

It is estimated that between 2008 and 2014, 4.7 million people were displaced due to natural disasters in Bangladesh and that by 2050, one in every seven people in Bangladesh will be displaced by climate change. The subject matter of this paper is based on a theoretical analysis of various existing social and legal barriers relating to climate displacement in Bangladesh. This article critically analyses the social and legal barriers to helping Climate Change Displaced People (cdp) by drawing on existing legal literature such as the Bangladeshi constitution and qualitative data from Bangladesh’s experience with cdp. Ultimately, this article corroborates the lack of a coherent human rights framework for cdp in Bangladesh and suggests international cooperation as a first step towards a functioning regime.

Joystu Dutta, Kakoli Banerjee, Sangita Agarwal and Abhijit Mitra

The carbon budget of planet earth is regulated by the soil compartment in all types of ecosystems. We conducted a first order analysis of soc in November 2017 both in the mangrove dominated Indian Sundarbans and the highly urbanized city of Kolkata with the aim of identifying the natural and anthropogenic contributions of organic carbon in soil. We also attempted to analyze the spatial variation of soc between these two significantly different ecosystems. We observed a comparatively higher mean value of soc in Kolkata (2.06%) than in the Sundarbans (1.25%). The significant spatial variation in soc between Kolkata and the Sundarbans (p < 0.05) may be attributed to anthropogenic stress, which is of greater magnitude in the city of Kolkata. The significant spatial variation in soc between north and south Kolkata (p < 0.05) is due to the efficiency of the drainage system in the north and the magnitude of city limit expansion in the south. In the Sundarban deltaic complex, a natural phenomenon like erosion seems to be a determining factor in the domain of soil carbon dynamics. soc analyses of all major metropolises around the world, of which Kolkata is one, are essential to understand the carbon sequestration potential of urban soils.

Angela Di Gregorio

This paper analyses the use of the rule-of-law principle in the jurisprudence of the constitutional courts of the new Member States of the European Union. The purpose is to discover whether past or recent decisions could clarify the use of the principle in these countries. An example is the legalistic concept of the rule of law as expressed by the Hungarian and Polish constitutional courts in examining the constitutionality of lustration laws. On the other hand, some constitutional courts (such as the Czech one) have used a wider and more sophisticated application of the rule of law. Considering the severe rule-of-law crisis which has been taking place in Hungary and Poland in recent years, this recognition is particularly important in order to avoid cumulative judgments that could devalue the former communist countries in general, trivializing the harsh path of democratic conditionality with its strengths and weaknesses.

Dovilė Pūraitė-Andrikienė

This article discusses the need, preconditions and possibilities for modifying the constitutionally consolidated regulation whereby the Constitutional Court of the Republic of Lithuania gives conclusions on the issues specified in the Constitution while, on the basis of its conclusions, the Seimas takes a final decision; in addition, the discussion looks at other issues that have emerged in the course of the lately adjudicated cases of the type in question and necessitate the modification of the consolidated legal regulation. These issues are examined in the context of powers conferred on constitutional justice institutions in other Central and Eastern European states, with a view to comparing the scope of powers vested with constitutional justice institutions in Lithuania and other states of this region in the area under discussion.