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The issue of assisted suicide for those with a “fulfilled life” is being hotly debated in the Netherlands. A large number of Dutch people feel that elderly people (i.e., people who have reached the age of 70) with a “fulfilled life” should have access to assisted suicide. Citizens have therefore requested Parliament to expand the existing legislation that governs euthanasia and physician-assisted suicide. The Dutch constitution does not permit national legislation to be incompatible with higher international (human rights) law. An analysis of the case law of the European Court of Human Rights shows that a person’s right to decide on the time and manner of his or her death should be regarded as an aspect of the right to privacy. Although no positive obligation has been imposed on parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms to facilitate suicide, they may do so, provided that certain conditions are met.
In 1782 acting Shaanxi Governor Bi Yuan 畢沅 (1730–97) submitted an exemplary memorial to the throne that concisely outlined the provincial administrative view of the proper order of relations between people, cultivars, livestock, climate, and water in northwestern China. He began with ostensibly human relations. His premise was that imperial official identity was ultimately formed through its connection to the food security of the general populace: “The root purpose of appointing officials is to prioritize the devotion of effort to civil affairs, and its main end is to put food sufficiency first.” Bi Yuan, like most of his contemporaries, unquestionably valued agriculture as the general and “main source” of food. By virtue of his posting to a China-proper province whose northern reaches lay along an ecotone with the Mongolian steppe, however, Bi Yuan was also distinctively aware of pastoralism as what he called the “second” source. While he made it clear that agriculture was certainly preferable, he was equally plain that human agency's range of choice was quite constrained in large parts of his jurisdiction, primarily by scarce water and cold climate. “Places in the northern provincial prefectures of Yan'an 延安 and Yulin 榆林, like Suide 綏德 and Fuzhou 鄜州, have land full of sand and gravel. Each is a high, cold frontier area where rainfall and ponds are scarce and inhibited, so that at harvest there is concern about shortfall.”
The paper investigates and theorises different forms and patterns of resistance to international courts (ICs) and develops an analytical framework for explaining their variability. In order to make intelligible the resistance that many ICs are currently facing, the paper first unpacks the concept of resistance. It then introduces a key distinction between mere pushback from individual Member States or other actors, seeking to influence the future direction of a court's case-law, and actual backlash – a critique triggering significant institutional reform or even the dismantling of tribunals. On the basis on the proposed theoretical framework, the paper provides a roadmap for empirical studies of resistance to ICs, considering the key contextual factors necessary to take into account in such studies.
Political and criminal violence are an integral part of recent Italian history. Killings and mass murders have moulded everyday life and the collective memory of the Italian people, changing the shape of public life. Veneration of the dead has taken on a symbolic function and become part of a new ‘civil religion’, which has redefined Italy’s national identity. Scholars are currently examining the role of mafia victims in this phenomenon, concentrating in particular on the bombings that took place in 1992. Following the crisis that marked the end of the First Republic, symbolic ties to figures like Giovanni Falcone and Paolo Borsellino became an essential aspect of redefining democratic mobilisation. Nevertheless, when examined from a long-term perspective, the relationship between the Italian population and the celebration of mafia victims is more complex than it may at first appear. This article aims to analyse the contradictions inherent in the issue, focusing on the funerals of mafia victims in order to examine the relationships between political and institutional bodies, the Italian population as a whole, and the local community, in the celebration of the dead. Through this analysis, it seeks to consider both the achievements and failures in the construction of this new ‘civil religion’ in a contemporary society.
At first glance, it appears that the African Court on Human and Peoples’ Rights – the first pan-continental court of the African Union (AU) for human rights protection – epitomises the advances made by international courts in Africa in the past decade. Since its first judgment in 2009, the Court has taken a robust approach to its mandate and its docket is growing apace. However, a closer look at the overall context in which the Court operates reveals that it is susceptible to many of the patterns of resistance that have hampered other international courts in the region, which cut across the development of its authority and impact. This paper analyses the forms and patterns of resistance against the African Court and the actors involved, emphasising the additional difficulties entailed in mapping resistance to a young court compared to long-established courts, such as the European and Inter-American human rights courts.
The paper compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional levels. These four judicial bodies of the EU, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case-studies from across the globe, the paper identifies institutional and contextual factors that explain the uneven resistance. While the regional economic courts in Central America and East Africa were subject to backlash from the Member States, their counterparts in Europe and Latin America avoided backlash but at the price of achieving only a narrow authority.
This paper will analyse instances and threats of withdrawal from the Inter-American Court of Human Rights (IACtHR) in order to assess whether those cases can be qualified as backlash. Backlash often serves as an umbrella term for any form of disagreement, hence we differentiate ‘backlash’ from closely connected concepts such as ‘contestation’ and ‘resistance’. In the empirical part of this paper, we examine four cases of withdrawal from the IACtHR or threats thereof, namely Trinidad and Tobago, the Dominican Republic, Peru and Venezuela. The case-studies revealed that the criticism against the IACtHR is fuelled by a combination of three conditions, namely costs of membership, the domestic political system and the domestic impact of the judgments. Ultimately, the specific framework of the IACtHR allows innovative starting points to manage state discontent, in particular the two-tiered structure, the alliance with civil society and the presence of compliance partners within the state.
How are deep relationships between city and club identification formed, and are they inevitable? The aim of this article is to provide a historical analysis of the rivalry between two football clubs, Vitesse Arnhem and NEC Nijmegen, explicating their various ‘axes of enmity’. Supporters, club officials and observers of these two clubs created and selectively maintained similarities between respective city image and club image. The process of ‘othering’ influenced both city and club images and helped create oppositional identities. Herein, football identification reflects broader societal needs for a place-based identity, and for a coherent image of both self and other.
The infrastructures of devotion and religious worship in Ireland changed dramatically during the course of the nineteenth century. This article examines the foundation stone ceremonies that marked the beginning of several large-scale building Roman Catholic church building projects between 1850 and 1900, and in particular considers the extent to which these highly visible and ceremonial events prefigured the more permanent occupation of public space by the new buildings. These foundation stone ceremonies were complex events that reflected contemporary political issues such as land rights as much as they engaged with the spiritual concerns of the Roman Catholic congregations in Ireland during this period.
International courts (ICs) have found themselves dealing with issues that are ‘political’ in nature. This paper discusses the techniques of avoidance ICs have developed to navigate such highly political or sensitive issues. The first part discusses some of the key rationales for avoidance. Drawing on the discussion of the political question doctrine in US constitutional law, it shows how ICs may justify avoidance on both principled and pragmatic grounds. It then discusses the different types of avoidance strategies employed by ICs, based on examples from the Court of Justice of the European Union, the International Court of Justice and the East African Court of Justice. ICs are rarely upfront about avoidance strategies. Rather, ICs tend to avoid cases in a more subtle fashion, relying on procedural rules to exclude a case, or by resolving the dispute in a way that avoids the most politically sensitive questions and controversies.
This contribution reviews different forms of resistance against the Court of Justice of the European Union (CJEU). While backlash is rare, various forms of pushback are more common than accounts of the CJEU's apparent success suggest. It is not uncommon that national policy-makers, administrations and the judiciary fail to comply with individual rulings. Moreover, Member State authorities have developed multiple strategies to limit the practical effect of controversial lines of CJEU case-law. The availability of ‘work-arounds’ that national authorities can live with shields the CJEU against significant backlash. At the same time, the multiple processes of pushback in the Member States lead to an outcome of considerable heterogeneity.
Attempts at common agreements to phase out fossil fuel subsidies (FFS) have been increasing, as the topic generated momentum through the Rio Dialogues prior to the 2012 United Nations Conference on Sustainable Development (Rio+20) and following the Paris Agreement in 2016. This study quantifies the magnitude and the relative importance of FFS in the Turkish economy and produces a relevant national FFS synthesis for policy design. FFS form a complex system of a self-contradictory nature that stands in stark contrast with the Turkish government’s statements regarding sustainable development. Based on available data from the 2000s, we find that Turkey provides state support for coal and the exploration of oil and natural gas that represents roughly 0.2 percent of its nominal GDP per year. Continuing to subsidize fossil fuels narrows down the fiscal options that could otherwise be used to support cleaner technologies and mitigation actions. Given the fact that fossil fuels have significantly negative implications for the environment and health, eliminating those subsidies has the potential to help combat environmental pollution, climate change, and related problems.
Islamic fashion and lifestyle magazines enable the global circulation and consumption of newly emerging images of, narratives about, and discourses on Muslim women across the globe. Such magazines also trigger debates by making visible the language of commodification and consumerism that is increasingly shaping Muslim subjectivities. In particular, Âlâ—the pioneering Islamic fashion magazine in Turkey—has been the target of extensive criticism by Islamic intellectuals and columnists. This study contextualizes these criticisms within the broader debate on veiling fashion and Islamic consumerism in the context of 2010s Turkey, a context in which the Islamic bourgeoisie has been strengthened and class cleavages among veiled women have been further sharpened. The study analyzes the opinion columns focusing on Âlâ published in the Islamic, pro-government newspaper Yeni Şafak, as well as the responses of Âlâ’s editors and producers to such criticisms. The findings demonstrate that the magazine is criticized for making visible the surge of consumerism among the Islamic bourgeoisie, for blurring the boundaries between Islamic and secular identities, and for fragmenting an idealized imagination of Islamic collectivity by emphasizing class cleavages among veiled women. I argue that these criticisms of Âlâ in Islamic circles reflect a concern with the erosion of the symbolic connotations of veiling in Turkey, particularly in terms of marking the boundaries that define the imagination of an Islamic collectivity.
This article argues that Turkey’s contemporary political regime is competitive authoritarianism. Tracing the evolution of Turkey’s political system from tutelary democracy to its current state, it describes the developments that resulted in the dissolution of the army’s prerogatives in politics and the rise of a new form of authoritarianism in the country. Associating this substantive change with the global emergence of competitive authoritarianism, I argue that the competitive authoritarian regime of Turkey has been institutionalized by the Justice and Development Party (Adalet ve Kalkınma Partisi, AKP) and that, since the 2017 referendum, the regime has displayed a tendency toward full authoritarianism that may render elections non-competitive by narrowing the legal channels through which the opposition can contest for political power.