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This is the first history to grapple with the vast project of British imperial investigation in the years between the Battle of Waterloo in 1815 and the Great Reform Act. Beginning in 1819, commissions of inquiry were sent to examine law, governance, and economy from New South Wales and the Caribbean to Malta and West Africa. They left behind a matchless record of colonial life in the form of papers, reports and more than 200 volumes of testimonies and correspondence. Inquiring into Empire taps this under-used archive to develop a new understanding of imperial reform. The authors argue that, far from being a first step in the march towards liberalism, the commissions represented a deeply pragmatic, messy but concerted effort to chart a middle way between reaction and revolution which was constantly buffeted by the politics of colonial encounter.
Chemsex occurs primarily among gay, bisexual and other men who have sex with men (GBMSM), and there is evidence of a subgroup of users who carry out chemsex-related criminal offences and experience harm. Challenges with chemsex can present to various settings; there are concerns that harm is increasing, including at interfaces between health, social care and criminal justice systems. The UK response to date has lacked a coordinated approach. An expert reference group was convened to share chemsex knowledge, articulate priorities for research and pathway development, and foster collaborative working between agencies. It made three key recommendations: develop and increase training and awareness across all services; implement a coordinated research programme with the development of a common data-set and assessment tool to fully characterise population-level needs; develop a professional network to share information, provide professional support and act as a knowledge hub. There was support for a unified multi-agency strategy incorporating the priorities identified as overarching principles.
Chapter 5 examines the evolving legal context and the practical effectiveness of CoE interactions with the central case study, Kosovo. Kosovo is a sui generis case, distinct from all others, but it is an appropriate case study as it has faced and, in several cases, overcome similar engagement challenges. Over more than two decades, the CoE has innovated and adapted its relationship with Kosovo, and so this chapter seeks to illustrate the pragmatism and creativity which can be employed when the political will to do so is in place. The chapter elaborates the principle of engagement on the basis of ‘functional capacity’ and the practice of monitoring substitution.
The focus of Chapter 4 seeks to determine whether the dominant focus should be judicial or non-judicial. To that end, the manner in which the European Court of Human Rights has interpreted ‘jurisdiction’ under Article 1 of the ECHR in a representative sample of seminal cases pertaining to ‘grey zones’ is examined. The chapter highlights the inconsistency of Court practice, the manifestly inexecutable nature of many of the cases associated with grey zones and, consequently, the limits of the Court in affecting general or individual justice in practice in these regions. The chapter concludes by noting that effectiveness depends on looking beyond the Court.
Chapter 6 propose the CoE pursues a more proactive, judicious, rapprochement with areas of conflict in Europe in line with the object and purpose of the organisation. This rapprochement requires political will, but can be substantially shaped by and based on the vision and associated initiatives of the Secretary General. It seeks to reflect on several legal, political or operational activities might contribute to satisfying the ordre public imperative described in Chapter 3. The objective is to begin to identify practical initiatives which could be pursued in accordance with the Statute to enable progress in a fully impartial, standards-based manner.
In Chapter 2 I propose reconceptualising the ‘CoE system’ from one traditionally seen as a hierarchy of autonomous institutions towards an understanding of a matrix of mutually reinforcing judicial and non-judicial components for which Member States have collective responsibility. I argue that a whole-of-system approach is especially important when faced with systemic problems of such complexity. I then offer a high-level snapshot of current examples which exist in Eastern Europe (Transnistria and currently occupied parts of Ukraine), the South Caucasus (the Karabakh region/Nagorno-Karabakh, Abkhazia and South Ossetia), and the Eastern Mediterranean (Northern Cyprus).
The introductory chapter establishes the central questions, the rationale and structure of the monograph noting that it is concerned with the impact of unresolved conflict and contestation on the effectiveness of Europe’s human rights protection architecture within the framework of the Council of Europe. It also highlights several limits, such as the European focus and the deliberate decision not to seek to advance any reform proposals for the European Court of Human Rights Article 1 jurisprudence. It also engages, and dismisses, the potential critique of human rights imperialism.
The book concludes with a reflection on the challenge of grey zones as being one of first principles, which represents a risk to the integrity and long-term future of the organisation. It emphasises that the populations in areas of conflict and contestation are the most vulnerable rights holders in Europe, yet the most isolated. The Council of Europe must address this systematic problem as a matter of urgency and with the decisive attention of Member States and both statutory and non-statutory actors.
Chapter 3 considers the concept of shared, or collective, responsibility, a term which developed its own ambiguous ecosystem over the ten-year Interlaken process, but which reduced its meaning to an overly narrow focus on the ECHR control system. I propose that the protection of human rights in grey zones is a matter of first principles, which requires us to consider the object and purpose of the Council of Europe, which itself was established as a direct consequence of war. I argue that systemic and persistent limitations in the functioning of the broader CoE system in areas of conflict must consequently change the nature of the response. I suggest that such situations give rise to an ordre public imperative shared amongst all Member States. I further suggest that public order, when used as a tool for the intra-territorial effectiveness of the ECHR, constitutes a legal norm as it creates an exception to the state’s right to act voluntarily (i.e. it limits the possibility to declare a diminished level of responsibility for a particular region) on one hand, and it generates an imperative to act collectively, on the other.
Forde examines the effectiveness of the human rights system of the Council of Europe (CoE) in conflict-affected regions and advances a novel approach to understanding how the European Convention on Human Rights can better serve the 10+ million rights-holders living in so-called human rights 'grey zones'. Building on the premise that nowhere in Europe should be deprived of access to Europe's human rights architecture, Forde argues that areas of conflict give rise to a collective public order imperative on Member States to seek maximal effectiveness of the CoE human rights system. Despite Kosovo's sui generis status, much of the CoE's experience of engagement with Kosovo could inspire more proactive efforts in relation to other areas of conflict. This book advocates a judicious engagement of the CoE's unique assets and acquis in affected regions based on the collective responsibility of Member States and the normative will of the Secretary General.