The Nexus Magazine, Summer 2016 by Nexus Magazine

theme: Articles on current boarder disputes

Introducing: The 8th Nexus board Off Topic: No Uterus No Opinion: Abortion As a Human Right

Broken BORDERS Territorial Disputes in the 21st century. 1

Colophone Nexus Magazine Summer 2016 / 2017

founder of the Nexus Magazine Gemma torras vives

Date of publication 4/09/2016

Grapic design kylie McKenzie Morrell

Nexus Nexus Studnent Association nexus@rug.nl Nexus Magazine committee

Authors Kylie Mckenzie Morrell / Ravelle Melissen / veronika Yefermova / malva regueira / Jocelin tjandra / Vlad Belev

cover photo CC BY-SA 3.0 logo re_oslo

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The Nexus Magazine Commitee independently obtained and organized the content of this magazine and is responsible for the publication of the Nexus Magazine. The opinions and ideas expressed by the authors of the articles are in this magazine belong soley to the authors themselves and in no way represent the opinions or ideas of the magazine of the association.

Nexus Summer 2016

TABLE OF CONTENTS 4 Letter from the Editor

6 Intoroduction to the new board

10 Theme Articles

28 Ted Talk

30 No Uterus No Opinion

36 Democratically Islam

42 Judicial Untiy 3

Territorial Disputes Letter from the Editor

Dear Readers, I hope you have all had a wonderful summer, whether you were travelling, visiting friends and family or maybe getting ready to come to Groningen! It is my great pleasure to present to you the Summer 2016 issue of The Nexus Magazine. This editions theme is Territorial Disputes! When it comes to territorial disputes across the globe, the list is long and ever-changing. There are now more than 150 disputes under way that involve territory, mostly in Africa, Asia, and the Pacific region, but also in Europe and the Americas. Some disputes are on the distant horizon (Antarctica), some are long-simmering (Western Sahara), and others—like Crimea—are at their boiling point. Many fear a spillover effect from Crimea. There is wide concern that Russia’s apparent success in annexing the peninsula could set a dangerous precedent for further Russian incursions into Ukraine and other nearby countries, or that other countries may feel emboldened by Russia’s actions. Veronika Yefermova, a Ukrainian herself, has written an article on the conflict. Ravelle Melissen has broached the topic of the Arctic and the building tensions that are emerging in the region in her interesting article that explores the matter. We also

Kylie Mckenzie Morrell / LLB Year 2 have a TedTalk overview on changing boarders by Jocelin Tjandra and there is an article on the long standing strife in Western Sahra and the Sahrawis battle for independence written by myself. Also in this edition Malva Regueira explores the “pro life - pro choice” debate in her article, Jocelin then examines religious freedom in Indonesia and finally Vlad Belev delves into the complicated political and legal situation surrounding the EU’s Accession to the ECHR. Additionally, there is an introduction to the new Nexus Board which will let you get to know them a little better. I really hope you enjoy reading this edition and feel free to contact us at nexusmag. rug@gmail.com or on facebook (The Nexus Magazine) with any questions, compliments or criticism you may have. Warm Regards, Kylie McKenzie Morrell Editor in Chief - The Nexus Magazine. Nexus Summer 2016

Introducing....... The 8th Nexus Board 2016 - 2017 The President Hello everybody! And a warm welcome to Groningen! My name is Julia and I am from Berlin in Germany. I am 24 years old, and I study International and European Law at the Rijksuniversiteit Groningen. Growing up in Berlin, I finished High School at the Berlin International School where I got to spend time with people from all over the world. After High school, I spent time applying for Arts Universities and working as an Actress throughout Germany. In June 2012 I moved to New York City to study Musical Theater. I spent two years living, studying and workingthere and it was truly marvelous. After, I moved back to Berlin and decided to apply for the University of Groningen to study law. This was one of the best decisions I have made because the community of students and the courses at the University are really excellent. Last year I worked with the Nexus External Affairs Committee, and we were really successful in acquiring deals with businesses around the city. I am a very outgoing person and love to cook. If Iâ&#x20AC;&#x2122;m not working, you will most probably find me cooking, or checking out the new coffee places that are opening up all over town. I also love to travel. I am actually writing this currently from the southern most point in Brazil! I cannot wait to meet you all next year and I am very excited to see what the new year holds for all of us!

Nexus Summer 2016

The SECReTARY Hey everyone! I am Gabriele Simakauskaite (or just Gabi), 19 years old and I come from a small yet incredibly beautiful country in Eastern Europe – Lithuania. I am the Secretary of the 8th General Board of NEXUS. During the last year I have tried out several committees in the association, however, putting things in order and ensuring smooth run of tasks I am involved with has always been a passion of mine, therefore I am incredibly happy to be filling in this position in the Board. I have chosen to pursue my bachelor studies abroad because for the last couple of years before finishing school I had had a desire for exploring the world and my opportunities in it. I am particularly interested and passionate about European Law and finding a study programme including this aspect of law had become my priority. Groningen was my final choice due to its warm and welcoming atmosphere and University’s reputation. I can state without a doubt that choosing to move away from home leaving the life I know was the best decision in my life. Over the past year I have met so many people from different corners of the world, learned a great deal about myself and became a self-sufficient adult. NEXUS has been a big part of my first year in Groningen, I felt really welcomed by the association and knew I can always come here with my questions and concerns. It was a great feeling to have as I was just settling in and learning about the environment and how everything works around. And it was exactly for this reason why I decided to join NEXUS myself – as a person I enjoy helping others and making people feel comfortable and welcome. I am extremely excited about the coming year and cannot wait to meet those of you coming to Groningen to pursue your degree as well as to catch up with everyone else after the summer!

The treasurer Tomas Granec is my name and Treasuring is my game. Slovakian born and raised, with my accounting you’ll be amazed. Just turned the big 2-1, hopefully this year will be loads of fun. Lawyering is my duty call, and I’m excited to meet you all. Dropped out of The Hague last year, and I’m so much happier now that I’m here. I’m lively, fun, and up for a laugh, and super excited to be on the Nexus staff. Any time you need help with cash, don’t worry I’ll be there in a flash. I hope you’ve enjoyed my rhyme, drop by my door and I’ll give you my time.

External affairs coordinator Hello! I’m Claire Kumesu-Egri and I will be your External Affairs Coordinator this year. Something that you should probably know about me is that I love sweet food; honestly anything from Haribo to chocolate to ice cream (especially ice cream) makes me supremely happy. I come from a very international background – being half Congolese and half Hungarian will do that to anyone – and have been lucky enough to have had a worldwide upbringing. I often feel comfortable in international environments and so pursuing an international degree was a natural step for me to take. I am really looking forward to working with such a diverse and international group of people, and promise to work hard to achieve NEXUS’ vision. If you have any questions, just ask, or if you want a chat, I am only an email or Facebook message away. Have a lovely year!

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Internal affairs coordinator Hey! I’m Anniina Kananen and, as the double vowels and –nen-ending might suggest to some of you, I come from Finland. So Groningen is a nice change to spending the past years in Finland and Norway. During the past 21 years I’ve also lived for a couple of years in the US and therefore lack a Finnish accent. I’m starting my second year at the University of Groningen studying International and European Law as well as studying in the Honors Programme. The choice to study law and to study at Groningen wasn’t obvious for me. From a young age I have been interested in a variety of things ranging from the sciences to languages and the society. The choice between the UK, Finland and Groningen was in the end easy to make and I haven’t regretted it for a moment. Groningen has everything I need and beyond. I have enjoyed the city, the university and the degree. Besides studying last year, I kept myself busy by joining the NEXUS Internal Affairs Committee, running for Faculty Council, helping with a NGO back in Finland and just relaxing and socializing with all the new friends I made during the year. If I’m not studying in the library or Harmony building, I’m most likely knitting wool socks or preparing a delicious meal. Yes, I have the interests of a grandma. However, within NEXUS my tasks are more youthful, such as social media, writing a monthly newsletter and communication between the committees and the board. I can’t wait to see all of you (again) at the start of September! Before that remember to check out our Facebook, Instagram and Twitter!

THEME articles West sahara conflict: a forgotten hummanitarian tradgedy / 12

Beaking the Ice: An In-DepthStudy of the Arguments for Extracting the Resources found in the Arctic Region / 16

Frontline Action: An Evaluation of the Crimea Crisis and Ukraineâ&#x20AC;&#x2122;s Sovereignty / 22

Terr

Ted Talk: Mapping the future of countries / 28

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ritorial disputes 11

West Sahara Conflict: "A Forgotten

History

Western Sahara is a region on North Africa’s Atlantic coast bordering Morocco, Algeria and Mauritania. It was colonized by Spain in 1884 and remained part of the Spanish kingdom for more than a hundred years. An arid region where less than one-fifth of the land is used for agriculture, Western Sahara is home to phosphate and iron ore reserves and is believed to have untouched offshore oil deposits. The Western Sahara conflict originated with the designation of the territory as a Spanish colony at the Berlin Conference of 1884, during Europe’s ‘Scramble for Africa’, Spain asserted its control of the coastal and inland regions of the Western Sahara as an area of strategic and military support for the Canary Islands and the lucrative fishing industry there. Spanish rule continued without significant international opposition through the first half of the twentieth century, until the publication of United Nations General Assembly Resolution 1514 (the Declaration on the Granting of Independence to Colonial Countries and Peoples). In reaction to the UN resolution, the Spanish

Government announced a referendum on independence, while the Moroccan government applied to the International Court of Justice (ICyear 2 J) requesting that it provide an Advisory Opinion. The Spanish Government postponed the referendum pending the results of the report. After deliberation, the ICJ found significant Moroccan and Mauritanian historical ties to the region but noted that to divide the territory along these lines would not be in the interests of “self-determination through the free and genuine expression of the will of the peoples of the Territory” and that historic claims were ‘irrelevant’ in the cause of self determination. The ICJ report coincided with a UN Visiting Mission (UNVM), charged with investigating the political consensus in the region, and establishing the validity of the conflicting claims. The UNVM found ‘overwhelming’ support among the people of Western Sahara for independence, and in concurrence with the ICJ supported the establishment of a sovereign state in Western Sahara. The Mauritanian government accepted the findings and withdrew all claims to the region but the Moroccans mounted an unarmed ‘in-

Nexus Summer 2016

n Humanitarian Tragedy” - Ban Ki Moon

vasion’ known as the Green March in 1975 annexing the territory and forming the basis for the modern dispute.

Southern Provinces’ by Morocco, and the smaller eastern region known as the ‘Free Zone’ by the Polisario and Algeria. Despite extensive negotiations, a lengthy ceasefire and several attempts at UN mandated referendums Current Situation on independence, as well as significant economic and In the years following the Green March, the Moroccan political costs to the actors involved, the conflict has not military established a network of “Berms” (a sand wall surrounded by millions of land mines), initially demar- yet been resolved. The two areas are separated by long cating a strategically important area in the north-west of “Brem” isolating the Shrawari people, a Shrawari refuthe country (containing a number of phosphate mines), gee in Algeria stated: but gradually expanding forcibly to include around 85% “To see this wall in the 21st century and overof the territory. looked by the international As a result, the Polisario Front - a Sahrawi community, rarely reported movement founded in 1973 to campaign for the inabout, frustrates me to the dependence of Western Sahara and supported by the bottom of my heart. My Algerian Government -launched a guerrilla struggle dream is that day when I can against what it saw as the Moroccan occupation of its cross this wall, like what hapindigenous land. The conflict lasted until a U.N.-bropened in Germany with the kered ceasefire was agreed in 1991 and resulted in the Berlin Wall, and I can meet displacement of thousands of Sahrawis into refugee my relatives who are behind camps across the Algerian border in Tindouf, where this wall whom I haven’t seen they remain to this day. my entire life” Control of Western Sahara is currently divided into two areas; the larger western region, called ‘the

Kylie McKenzie / llb year 2

The Brem spans 2,700km and is 12 times the length of the Berlin Wall and four times that of the West Bank wall. It is second in length only to the Great Wall of China, yet has remained practically invisible to the outside world. An estimated 120,000 Moroccan troops man the massive wall. Hours of driving are required to reach the wall from the Sahrawi refugee camps set deep in an area of the southern Algerian desert known as “The Devil’s Garden”. Daytime temperatures at these camps in the middle of desert regularly reach 50 degrees Celsius. A peacekeeping mission called the United Nations Mission for a Referendum in Western Sahara (MINURSO) was formed. But many say it has failed to live up to its name. Meanwhile, the millions of land mines surrounding the Berm have wounded at least 2,500 people. Only MINURSO peacekeepers can cross the barrier, an act that said to show them “participating in an occupation process”.

People in Western Sahara have stopped believing that the outside world and a “peaceful resistance” will win back their land. Teenagers spout revolutionary mantras, young men discuss taking up arms, hunched widows talk of martyring their grandsons, and children regale visitors with independence success stories of fellow underdog liberation movements in East Timor and South Sudan. There is particular anger about the UN Security Council’s April decision to extend MINURSO’s mandate for another year without a rights arm, it’s the only peacekeeping mission in the world without one, despite serious ongoing abuse claims by Sahrawis - 400 “disappeared” people are still missing from the 1970s and ‘80s.

What is the rest of the world doing?

The UN - Has recognised the Saharawis right to self determination and formed the MINURSO’s (as stated above) who’s mission was to monitor the cease-fire and to organize and conduct a referendum in accordance with the Settlement Plan, which would enable the Sahrawi people of Western Sahara to choose between integration with Morocco and independence. This was intended to constitute a Sahrawi exercise of self-determination, and thus complete Western Sahara’s still-unfinished process of decolonization. MINURSO has thus far been unable to achieve its goals and the General Assembly and Security Council are at an impasse on what to do next. The EU - In response to a December 2015 ruling by the Court of Justice of the European Union (CJEU) to suspend an agricultural trade agreement between the EU and Morocco because it included the Western Sahara (WS) within its territorial scope, the Kingdom of Morocco has suspended diplomatic relations with the European Union despite this the EU as not taken a coherent position on the legality of the status of the Western Sahara, or on Morocco’s claims to it. The EU has not recognised the Polisario

Nexus Summer 2016

Front, but neither does it explicitly recognise Morocco’s claims to the Western Sahara. This ambiguity results from the need to maintain cooperation with Morocco as a stable ally on counter-terror operations and migration flows, while also not appearing to flout issues of human rights, democracy, justice, and African decolonisation. France - France is Morocco’s second largest arms supplier after the United States, and it has come to be Morocco’s biggest supporter in the EU. France has also threatened to use its United Nations Security Council (UNSC) veto power if the United Nations should favour a solution that undermines Morocco’s position. Spain - Spain has a complex standing on the situation.There is a sense of collective guilt for the failure to leave behind infrastructure in the Western Sahara and to engage in more decolonisation efforts upon Spain’s withdrawal in 1975. Spain has also been interested in improving its relations with Algeria and has led it to tacitly encourage the Polisario and support the possibility of a referendum. At the same time, however, Spain’s interests in the resources in Western Sahara date back to its own occupation of the region, which incentivise preserving good relations with Morocco to ensure access to these resources. The situation came to a head in March 2016, when Morocco forced the UN mission in the Western Sahara to close its office in the Saharan city of Dakhla and remove its staff from the territory within 72 hours. The dust-up occurred after UN Secretary General Ban Ki-moon visited camps for displaced Saharawis, during which he referred to the Western Sahara as “occupied”. Morocco’s position has led the Polisario to warn of its desire to return to conflict.

Conclusion

As of August 2016 there has not been much progress on the Western Sahara conflict in diplomatic terms and thousands are still living in refugee camps with no likely chance of returning home soon and with the threat of renewed conflict hanging over their heads the Sharawis seem to be in a dire situation. The only hope is that the international community will pull together and pressure Morocco to abate. Sadly it would appear that the situation is far from being solved

Breaking the ice: An In-Depth Study of the Arguments for Extracting the Resources found in the Arctic Region

he world continues to struggle with the declining availability of natural resources. At the very edge of the Earth, the place with worldsâ&#x20AC;&#x2122; most extreme weather conditions seems to provide the answer to the long-lasting deficit. The Arctic region is estimated to have almost 90 billion barrels of undiscovered oil reserves, and an impressive amount of more than a trillion cubic feet of natural gas. Understandably, a place that has so much to offer does not stay unseen. Several countries have resorted to relying on United Nations regulations to claim areas through the reach of their continental shelf, whereas others have resorted to rather medieval ways of claiming land. The main parties involved are ones with an impressive amount of power, including Russia, Canada and the United States . Most of these Arctic parties have been kept at a distance, as globally there is fear of profiteering from environmentally unstable environments. However, the Arctic region could

provide for some solutions to urgent issues that cannot be found elsewhere. Consequently, oil and gas drilling must be allowed in the North Pole because it will reduce dependency on the Middle East, create employment opportunities, and the progress in melted areas has exposed resources. Currently, more than half of the worldâ&#x20AC;&#x2122;s known oil reserves are found in the Middle East . This situation implies that there is a global dependence on supplies from that area. The Arctic has the potential to shift the importance away from this region through the oil and gas reserves. However, this shift from oil-dominant regions must be balanced with the power that could potentially be given to Russia. Recently, Russia has been in a very negative spotlight, threatening to abuse their power and leading to distrust on the deployment of their nuclear weapons. The situation with Ukraine proved that this superpower is also not afraid to cut off gas supplies to its neighboring countries when the

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Ravelle Melissen / LLB year situation so calls for it. This illustrates that instability could be merely shifting rather than being eliminated. Furthermore, it may cause serious harm within the actual oil-producing countries themselves, as their economies are extremely reliant on this source of income. Due to this reliance, intervening with their economies in such a way could lead to more conflict rather than minimizing it. Notwithstanding the importance of these abovementioned arguments, the current situation imposes a greater threat. It is now leading to uncontrollable situations such as the Arab spring, which are infinitely refueling threatening situations through their wealth and power position by monopolizing the oil industry. In fact, the global economy is predominantly functioning on the supply of oil. Ultimately it would be ideal to find a lasting replacement to the dependence as whole, but examining the current progress, this solution will not present itself anytime soon. Most states find themselves unable to act sternly on the vi-

olations made by the unstable regimes in the Middle East as they are locked in by their necessity to their natural resources. Reducing their importance by introducing a new source of oil and gas would allow countries to intervene and re-examine their investments in such uncivilized regimes. Although it would not be smart to allow Russia to gain majority control in the newly discovered area, the process could be carefully controlled to make sure that the division remains somewhat stable. Recent figures show that the North Pole holds about 13 percent of the worldâ&#x20AC;&#x2122;s oil reserves and 30 percent of its natural gas , where division of this can be controlled from scratch. It would be a healthier situation when there is more choice on the global market and generally more diversity within the oil industry itself. Furthermore, ceasing exploitation of the Arctic would also lead to escalation of other tensions amongst the parties that wish to claim the North Pole. Despite the fact that division of the actual area

still needs to be taken care of, completely forgetting about using the natural resources in the Arctic would leave parties in great distress. In 2007, the Russians took their first aggressive step by planting a Russian flag made of titanium on the Arctic seabed . Although this can be seen as a rather archaic way of intimidating other nations, it does emphasize their seriousness about the further steps that they are prepared to take. Another involved party, Canada, has set up their Arctic Foreign policy outlining the many ways in which they hope to get their claim . A termination of the Arctic projectwould leave countries to sort it out amongst them, undoubtedly leading to chaos, whereas now international involvement from the United Nations allows for a structured resolution. Currently, the UN is developing a method of division of the Arctic through the use of the Convention of the Sea, and further expansion of it to apply it to this unique situation. This resolution should further diversify the sources of oil and natural gas decreasing tension and allowing for diversion from dependence on some countries that maintain a dangerously powerful economic grasp on the rest of the world. Moreover, the exploitation of the Arctic does not only imply the provision of resources, it also encompasses new jobs and the opening up of many valuable shipping routes. In 2007, the first

opportunity for an arctic trading route presented itself in Russian waters, the Northern Sea Route. The United Nations refers to this area (route) as being in Russiaâ&#x20AC;&#x2122;s exclusive economic zone, which is the area extending for 200 nautical miles from the countriesâ&#x20AC;&#x2122; territorial baseline . Albeit the reductions in transit time that the Northern Sea Route provides , the value of certain waters to indigenous people must not be overlooked. It is important to realize that economic benefits must be weighed against the disadvantages of pollution and the confrontation with other cultures. With this in mind, states seem to go about contact with indigenous peoples very carefully and have proven to come up with many positive solutions.

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Further to relating the oil industry to the job opportunities that the initiation of industries in the far North can have, recent employment numbers show an interesting pattern. In Canada, Alberta is the biggest oil-producing province and interestingly enough their employment rate for natives is the highest in thecountry, at almost 77,7 percent for the age group 25 to 54 . Given that there are some conflicts, there have also been advantages reported where money is used to improve infrastructure and education for natives . Provided that it remains to be a controversial topic, the general statistics seem quite positive. Setting up this new area, would unquestionably lead to new jobs, where oil industries are known to invest in their employees and the surroundings. Besides employment, the Arctic would provide further advantages through shipping routes that cut straight over the top of the Earth. Currently, the only available knowledge and numbers are based on the Northern Sea Route, as thus far it is the only shipping route that has been exposed through melting. Based on the information, this route alone already reduces the transit time from Asia to Europe by 37 percent . The prospects for the benefits that the exposure of more routes can provide are very positive. Many environmental organizations are already obstructing

the use of these routes in the future, arguing that oil spills and other spills will have a much greater, irreversible, impact in the icy areas . Nevertheless, extra caution can be taken, and further oil is saved from polluting the ocean through reduced shipping routes. The current situation forces ships to detour through the Suez Canal leading to 30 more days of traveling, inarguably leading to the use of more fuel. Despite being a minor argument, supporters of using the Arctic also look at the reduction in risk of loss of the load carried through trade. The Northern Sea Route has no threat to piracy, allowing for free and safe passage. Considering all factors it seems that not obstructing future use would have many advantages on economic front, not just for the countries in the Northern Hemisphere, but also for the general global shipping industry. Although the forecast for what exploitation of a yet untouched region can provide is very positive, that for the survival of the ice sheet is not so much. The biggest calls of disapproval for touching the North Pole are heard from the side of the environmentalists. Arguments aiming to protect wildlife and other fragile ecosystems need to be taken seriously when considering embarking on the exploration of new regions. In other places around the world, where

the changing environment is also leaving its mark, successful measures have been taken. For example, in many countries there are now zonal processes, where certain areas are left untouched. It would be logical to go about with such a strategy up North, but unfortunately it is not definite whether the measures will be as helpful as the climate is unique. A big accident in 1989 illustrates the detrimental effects that an oil spill can have. The ‘Exxon Valdez’ oil spill in Alaska, spilled almost 11 million gallons of oil into the icy surroundings . An article investigating the effects show that the damaged habitats can take up to 30 years to recover, and killing about 250,000 seabirds amongst other marine animals . Another argument that should be examined on the behalf of saving the environment and the Arctic, as a whole is the speeding up of melting once exploitation is initiated. Many feel that once the area is to be touched, all the ice will disappear. Unfortunately, recent reports have shown that large areas have already been exposed to

the melting process that has been taking place over the past few years as a result of climate change. These arguments must be taken seriously, but on the other hand it must not be forgottenthat the damage has already been done. Understandably, the general warming up of the Earth has been atrending topic, which has many different perspectives and has been subject to debate. Debates have left many still undecided about whether the world is dealing with ‘El Niño’ or if global warming is actually happening. The recent Paris climate agreement is a step in the right direction, aiming to not have the world heat up more than two degrees. However, having examined the facts, the North Pole has already lost a large part of its ice sheet. According to Arctic researchers, the ice sheet has lost 15 percent of its surface over the span of the last thirty years, along with 40 percent of its thickness . These figures look at the natural decrease in ice, as there have been no people involved in the region. The Arctic is a huge

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region, meaning that these numbers are quite significant. The described area already shows part of the oil/gas reserves, allowing countries to have to do no further harm and merely utilize what has been exposed. Any immense area can be planned and zoned in such a way as to not do further harm. Areas with environmental or scientific significance can still be protected, as to leave them untouched. Countries are also scientifically developed enough to create highly adapted equipment for that environment. Equipment including drills for sub-glacial drilling, and highly sensitive ice submarines are being developed. In a world where there is so much demand, just for natural resources for survival, it does not make much sense to not touch the areas that have already melted regardless of any human intervention. Summing it up, the special conditions and features of the Arctic provide that everyone must go about handling it differently, developing new suitable techniques and careful zonal planning. In spite of

these necessities, it is a region that would still provide a solution to the demand of natural resources and make trading a whole lot easier. Illustrated by recent figures, the North Pole region is undergoing an extreme loss of area through melting, where it is inevitable that this will continue. When organizing exploitation carefully, it would not make any sense to leave the Arctic region as it is. Examining it through the benefits of relieving tension, reducing dependency on unstable regions, the creation of job opportunities and faster shipping routes, created through areas that have already been exposed, the positive impact could be immense. Agreement through treaties and division through negotiation would allow for structured exploitation, whereas now the situation is already becoming quite tense. The environment could be properly secured and preserved through structured initiation of exploitation. Hence, the benefits are too great to let it go unnoticed, and leave the exposed areas untouched

Frontline Action

An Evaluation of the Crimea Crisis and Ukraine’s Sovereignty

he Ukraine Crisis was an escalation of continuous tension between Russia and Ukraine. The history and events of the USSR have always triggered rigidity between the country’s relations. The vital importance Ukraine has been to Russia, due to its Black Sea port access, has resulted in immense conflict. Furthermore, the manipulative aspect of being an oil trade partner which Ukraine had been from the start, allowed Russia to create hostilities, without many consequences to its integrity. The EU should continue to sanction Russia after the events of the Ukraine Crisis to protect the sovereignty of Ukraine,uphold international law and to limit the influence Russia has over Ukraine’s actions as a state. The sovereignty and territorial integrity are crucial factors within all countries and the basis for international law. Some people argue that the sovereignty of Ukraine was not breached due to Russia helping their nationals living in Ukraine. However, the constitution of Ukraine provides it with the power to stay sovereign and does not give right to

other states for alteration. The essential treaty signed in 1997, being the “Friendship, Cooperation and Partnership” gave Ukraine the opportunity for inviolability and justification of its borders. Firstly, the treaty on the Non-Proliferation of Nuclear Weapons is one of vital importance. The essence of the enforcement of this treaty was to provide with mutual understanding and protecting, which Russia has now violated. This leads to a result where international law has been violated without worldwide sanctions being taken. Therefore, these actions undermine the sovereignty of Ukraine and the effectiveness of international law to resolve disputes. However, as a widespread Russian justification for the attack, it can be claimed to have been self-defense. Nonetheless, a self-defense requirement calls for a pivotal threat to the nationals and security of the country, in this case Russia. Consequently, due to the fact that such factors were not visible in the Ukraine crisis, as it was a national matter and a direct attack on sovereignty, self-defense cannot be comprehended. Therefore, it can be said that the security actions had alienated Russia from the world powers, showing it to be as

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more offensive in nature. Evidently, the unjustified and illegal actions taken by the Russian nationals to gain access to Ukraine territory have violated international law in its basic sense. Many Russian officials claim that the intervention that they staged was by Ukrainian invitation due to the instability of the country and the undermining role of the former president, Victor Yanukovych, which had given grounds for a catalytic approach. The new government not being recognized by the Moscow officials and the absence of a pro-Russian president, the newly formed pro-Western coalition had become a threat to the spreading of Russian influence. However, since the country had been at a time of unrest and the Russian officials themselves made dealings with the newly formed Ukrainian government, an attack due to this reason is unjustified. Furthermore, the excuse of intervention by invitation cannot be considered justifiable. As stated by Putin, Ukraine had undertaken a revolutionary regime which was not recognized. However, that is not sufficient to say as that doesnâ&#x20AC;&#x2122;t create a problem for Russian relations, as the hiccup had been internal and statehood had been maintained, even after the president lost effective control. Therefore, it is wrong to argue that due to a instable environment Russian forces were allowed to use force on foreign territory, where in essence the new officials had been chosen within a few months and control was regained with an interim government. Consequently, territorial integrity had been violated, in which

EU sanctions were needed due to the emergence of power centers within this crisis, which the EU should have dealt with through policies, to countermeasure illegal action. The disintegration of the Soviet Union and the materialization of the EU as the influential power of the West is what caused the crisis to transpire veronika Yefermova / LLB year 2 and escalate. Arguably, external help is not be as affective,in protecting sovereignty, due to its prevocational nature which could only burden the relations between Ukraine and Russia at a time of crisis and it brings the situation to a stalemate. However, due to the disequilibrium of power, which exists within the Ukraine-Russia affiliation, shows why external help is needed for Ukraine to maintain its sovereignty and fight unjustified attacks. Moreover, the imperative component for economic sanctions especially, is that while Russia has been gaining influence while undermining the Proliferation treaty and the Minsk ceasefire, sanctions are needed to suppress this desire to re-establish the Soviet Union in the twenty-first century. Since NATO is one triggering factor for Russian aggression,

as it is seen as a threat to further bilateral relations with Ukraine, the EU sanctions are the main force of power which can re-establish the equilibrium in the East. As a result, the need for more drastic measures is needed to contain Russian aggression from further expansion. Furthermore, since the idea of sovereignty is evident in every country and self-determination requires certain criteria to be met, EU sanctions are needed to stabilize the internal functioning of Ukraine and to stop the threat of the expansion on Russia. However, EU involvement also means that many resources will be used towards this crisis which would call for an escalation of world politics and create inadequate measures which would safeguard the sovereignty. Nonetheless, if external powers were to do help a weak country like Ukraine in this crisis, then it can be argued that the idea that sovereignty as an essential element in every constitution is to be seen as important. Therefore, this is why the continuation of economic pressure, as a result of blacklists and sanctions and a shift from friendly relations is needed to protect fundamental international law concepts and suppress the threat of war. Thus, EU sanctions can arguably work as a mediator for the conflict to stop further peril and aid Ukraine in stabilization after internal conflict. The ineffectiveness of international law and its contradictory nature will undermine EU sanctions and allow Russia to continue endorsing illegal actions which threat international law.Additionally, Russia does not see international obligations as of vital importance; therefore EU sanctions will be ineffective in preventing the crisis. Nonetheless, because drastic aims of the Russian forces have created a continuation of the asymmetrical end of the Cold War , EU penalties are the way to move forward from that era. The hatred of defeat and the traces of communist rule, which is left in the Russian society, have led to a standstill where western and eastern opinions clash, creating the Ukraine crisis. Considering, the simultaneous

interests of the EU and Ukraine to stop the aggressor from invading a foreign territory, international law is upheld by EU sanctioning illegal attack. Due to the vast economic potential Russia could gain and the fact that Ukraine is the path through which oil is delivered to the EU states, with the crisis, Russia has tried to alienate the former USSR state to the access to the EU association and NATO. Therefore, through the Russian nationals, which lived in Crimea, this was a chance for Russia to create unrest in the country and gain power for their own economic benefit.

Furthermore, due to the clash of interests between the EU and Russia regarding Ukraine, there should be sanctions imposed which are done by the EU to prevent this power gap between the two eastern countries. Consequently, external bans imposed on

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Russia would stabiles world politics and create a safeguard for Ukraine. EU involvement and penalties were needed, due to the unbalance of powers in the UN. The reason for possible limited success from the sanctions is on account of the veto Russia has in the Security Council which has caused delays with passing declarations on the topic of Ukraine. The EU, on the contrast, is the only powerful force which is needed to stabilize the power gap and ineffective eastern dealings to stabilize the crisis. Henceforth, relying

on the principle of self-determination, which in this case Russia had done, can be seen as ineffective on the grounds of international law. This is due to the fact that the Crimean territory had been taken by force which, according to UN Declarations, will not

constitute in countries recognizing the boundary change. The important factor is that EU countries do not seem to recognize the newly formed independent peninsula of Crimea, which weakens Russia’s possibilities and benefits Ukraine’s prospects. The structural dynamic of both the Security Council and the declarations passed by the General Assembly, provide with a sufficient starting point for offensive measures against the Russian aggression. Consequently, the dependency on oil in Russia, as it is their main economic asset, also allows for sanctions to create the emergence of a more powerful Ukraine while Russia is weakened through economic loss and blockage of trade. As a result, sanctions indeed succeed to punish illegal action and bring the powers to an understanding, create fairness in the international society. A crucial factor as to why Russia has gained international influence is due to the “multifaceted identity crisis” which the EU is going through and this is why EU sanctions would not be useful. This is due to the fact that these issues and the seen lack of confidence in the EU has allowed Russia to be favoured in numerous international dealings, including the monopoly over oil resources. In contrast, it can be said that the economy sanctions such as, the ban from capital markets, may be efficient for Russia, as they are already prominent in their field of trading and western countries know that trade is a prominent element of profit for Russia. However, the crisis in Ukraine is a mere show of powers which Russia can use over the former USSR as the postCold War regions are now openly not accepted, rather than a way to call for an EU reaction and undermine them. Thus, external penaltiesare crucial elements which have upheld the prospects which Ukraine internationally and as a country which has trade desires. In other words, a continuation of EU sanctions will benefit Ukraine to grow as a developing country as it will be protected from Russia’s influence. The sparse amount of EU sanctions and the infirmity of the support provided by internation-

al law towards the territorial integrity of Ukraine, especially in Crimea does not uphold international law obligations. In contrast, the referendum which was held in Crimea, which was the turmoil of the crisis because of its unconstitutional nature, had achieved sanctions which helped to encourage the maintenance of international law. Moreover, it can be argued that the basis of international law concerning referendums, mentioned in Venice Commission’s Code of Good Practice, speculates that a routine and a specific question can only be asked. Arguably, using force to establish coercive means of voting for Crimea’s independence. Consequently, fundamental international law is undermined and this is a call for

are needed to suppress the emergence of widespread Russian power. EU involvement may be prosperous but limited in creating a downfall for Russian goals, in stopping influence in Ukraine. However, the effects of such involvement may undermine authoritative offensive actions and allow the interim Ukrainian government to stabilize the issue of unrest and attack on the country’s sovereignty. The artificial unificationwhich is one factor of the escalation of the crisis can be soothed by external powers, such as the EU and the member states. Following the aims of recreating the Soviet Union, one main goal to achieve is to keep Ukraine from becoming a member of NATO

EU support and action. The reason for the need of external help is that Ukraine is not powerful; enough and needs alternative means of de-escalating the crisis, as the EU and USA are the prominent figures to destabilize the crisis. Therefore, although being an internal procedure which violated Ukrainian law, international standards were violated. Additionally, an emphasis on sanctions and reactions is needed, as not only the Ukrainian values are being undermined, but also Human Rights have been violated. Simultaneously, countermeasures against eastern attack

and achieve a new federal settlement which would be easily controlled by the Russian authorities, to create widespread Russian movement and limit Ukraine. As a result, a dynamic plan for effective undermining of Russianalism in the west, can be concealed by sanctions and multilateral treaties, to create dependency. Consequently, this is why, although Ukraine’s sovereignty and its powers as a country are being undermined, the crisis affects external countries and why that is a call for EU penalties, to promise for a balance of powers.

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The restrictions, which Russia has imposed on Ukraine, restrain the countryâ&#x20AC;&#x2122;s full capacity to perform to obtain its own interests.It can be argued that foreign involvement, such as sanctions, may not stop the crisis but only trigger a continuation in attacks, it may act as a buffer on an international level. On the other hand, Russiaâ&#x20AC;&#x2122;s prevention and blockage of Ukraine joining NATO and this is why EU sanctions are needed to not create a conflict of interest over a country. As a paradox, it can be claimed that the prospects of joining NATO and enhancing security was one of the essential factors for the emergence of the Ukraine Crisis. This is why coercive measures should be implemented to prevent such limits to a country and institutions which are made by one country, Russia. Consequently, a comparison can be made with the NATO and Kosovo incident. Since that particular crisis had been resolved through the means of the UN due to a long time of struggle of Kosovo, similar measures should be provided for Ukraine to guarantee fairness within the UN. As a result, in this situation, due to the veto Russia has, the EU is more powerful to stop and restrict new illegal action and to help Ukraine survive the limitations Russia tries to enhance.

In summation, since the Ukrainian sovereignty had been undermined and armed conflict occurred against all existing treaties, this calls for intervention and hostile policies invented to prevent further escalation. It can be argued that due to the fact that Russia has played a vital role as the aggressor and preventer of certain actions to be made internationally, according to law, the sanctions are targeted towards them. Therefore, arguably, as this crisis has escalated to a world level, triggering a conflict of interest regarding the post USSR to restrain the world from going down the Cold War path, sanctions are needed to be upheld as a consequence of illegal international actions and the avoidance of disequilibrium occurring between countries. Lastly, since more powerful nations have an obligation to aid the less powerful, such actions such be continued to help Ukrainian development and to maintain fairness within international law

talk Parag Khanna: Mapping the future of countries

arag Khanna, a speaker for TEDtalks, started his speech with an imaginary world where there exists no borders, in which he labelled as TEDistan. Unlike the current contemporary political map, it is not divided into over 200 countries. This is created to present an answer to one of the current fundamental problems: how do we distribute ourselves around the world? 90% of the world economy does not spread evenly on the map: it concentrates on areas where well-developed countries’ citizens reside, making the divisions of our current world border so prevalent to them. When the world map is presented without borders, it creates the possibility to create a better picture of our map basing on how different aspects of human life interacts with each other: money, power, religion, culture, and technology are to name the few. Border conflicts justify many problems concerning the world’s military-industrial field. To manage TEDistan into a more constructive direction, we need to embrace the possibility of a change. Change has often viewed as a negative since it has always been reminiscent of tragedies of human history such as civil wars and ever-increasing death tolls. Unlike in the past, we have to try to anticipate these changes. What our regular map doesn’t show is demographic distribution. It cannot see that even though Russia is the biggest country in the world, only 30 million people reside in its eastern areas. The whole population only counts up to 120 million as predicted by the World Bank. Our regular map also doesn’t show the crucial histo-

ry behind this distribution. Stalin, Khrushchev and other Soviet leaders forced Russians to live in gulags, labor camps, and nuclear cities in the eastern areas. Then, oil prices rose, and Russian governments have invested in infrastructure to unite the country, east and west, but eastern Russians never wanted to live there and migrated back to the west when they could. As a result, in Russian far east today, which is twice the size of India, have exactly six million Russians. To get some sense of what’s happening in this part of the world, it is easy to look at the example of Mongolia. In Mongolia, Chinese firms hold control of most of the mines, and then send the resources, including copper, zinc, and gold, south and east into mainland China. As Khanna mentioned in his talk, “China isn’t conquering Mongolia. It’s buying it. Colonies were once conquered. Today countries are bought.” Another example to this case is Siberia, in which it has recently become a source of agribusiness and grain. Yet Siberia is vacant, so the resources are sent to China provinces just over the border that can count up to over 100 million people, bigger than entire Russia. Annually for the past decade, Chinese people have been repopulating Siberia. They have taken over tinder industry and shipped lumber east into China. As the same case with Mongolia, these all happen under peaceful terms. China is simply leasing Siberia. This, as Khanna observed, can be known as globalisation Chinese style. China is reestablishing hierarchy in the far east, being one of the current biggest global hubs in the world. East Asia today brings around trillions of

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dollars a year into its region, and most of it is invested into China. This happens as well in trade. China manages relations with Japan, Korea, and Australia, which are strong allies of the United States. For poorer countries, China reduces its tariffs so its goods are able to be sold in a cheaper price. Alas, many countries become dependent to exporting to China. China is turning into the anchor of economy in Asia, and it touches as well in diplomatic aspects. It has signed nonaggression military agreements with many Asian countries, securing their support (or at least not involving them) whenever conflicts between, for example the United States, break out. One of its other pillars include demographic by exporting people to regions and occupy greater heights of the economies. Ethnic Chinese people in Malaysia, Thailand and Indonesia are the drivers of their respective economies, creating a resurgence of the racial culture of ‘Chinese pride’. These all factors add up to create a Chinese empire in a more fluid imperial zone. However, the case of China can’t be used to explain Middle East. The concept of borders itself differ greatly in the perspective of its residents. Take a look at Iraq: oil used to be one of the forces holding the nation together, and now it is the most significant cause for its disintegration. The Kurds have been waging a war of independence for 3,000 years and now is their chance to have it. Kurdistan area is one of the most oil-rich region in Iraq and around oil pipeline routes. When the Kurds attacked the Sunni Iraqi army in their border, they are guarding the pipelines. It is important to remember that Kurdistan is landlocked, so it needs to export oil through Turkey or Syria to be able to trade it for profit. Hence, diplomacy is once again needed. We can also observe Palestine, a region which has been a perennial one

over the years. Palestine suffers a cartographic anomaly and Khanna believes the solution to its problem is simply to create infrastructure. Today, donors are spending billions of dollars to create arcs, an arc of commuter railroads and other infrastructures that will link West Bank and Gaza. This will link to a viable Palestinian state with stable economy. A lesson from Kurdistan and Palestine: an independence without infrastructure is futile. On the other side, there’s Europe: the only part of the world where it really has brought down its borders. A lot of countries outside the Union are dependent on the European Union for trade and investments. They do not need to be part of the EU, but it is a big part of its sphere of influence. Take the Balkans as an example, even in Bosnia they have been using Euro currency, and perhaps it will be the only currency they will ever have. Every year, new pipelines are built to connect North Africa and Europe to diminish Europe’s reliance on Russia’s energy. As a result, many people in North Africa do not believe they are part of the Middle East, in which this may result into a Mediterranean union in the future. In short, geopolitics is a pragmatical discipline that constantly morphs and changes the world. We have feared changes on the map: fear of civil wars and death tolls; but Khanna believes that the inertia of existing borders is far worse and far more violent. How do we change these borders? His answer is to focus on the lines that cross borders, which are the infrastructure lines. “Then we’ll wind up with the world we want: a borderless one.”

NO UTERUS NO OPINIO Abortion As a Human Right

n 2008, around 86 million women experienced unwanted pregnancies worldwide . The effect of an unexpected baby can vary enormously depending on the motherâ&#x20AC;&#x2122;s health, family relations, economic resources, the availability of safe medical care, or simply the timing of the birth. These and other factors influence her decision to either carry a pregnancy to term or to seek an abortion. Given the complexity and the numerous layers of this very delicate decision, the only individuals who are actually equipped to make it are the pregnant themselves.

Governments should respect a womanâ&#x20AC;&#x2122;s human right to make decisions regarding her reproductive life. A woman who decides to have an abortion (as around 46 million others do every year ) must have access to the facilities and care that will enable her to terminate her pregnancy safely, as it has been proved repeatedly that the criminalization of this practice does not lead to more pregnancies carried to term, but to more (potentially deadly) illegal abortions; therefore, a ban on abortion is an attack on womenâ&#x20AC;&#x2122;s freedom and public health, since there are a series of basic human rights that are attacked when a woman is denied access to a safe abortion, like

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ON malva regueira / llb year 2 the right to life, the right to equality and non discrimination and the right to be free from cruel, inhuman or degrading treatment. Firstly, it is important to examine the right to life, as stated in Article 3 of the Universal Declaration of Human Rights. This particular right is especially relevant in this debate as it is used principally as a rhetorical device by those who desire to outlaw abortion. Anti-abortion advocates claim that prenatal humans or foetuses have the same right to life from the moment of conception as an already born individual. The debate on what constitutes personhood is a rather complex and philosophical one, but for the sake of the argument, it is going to be considered that the foetus is a subject of human rights from the moment of conception. In this case,

the debate would be centered in whether the right to life of the mother is overthrown by the right to life of the foetus. Would the ban on abortion also apply in those cases when the life of the mother is in jeopardy? A basic flaw with providing full personhood to the unborn baby can already be noted: the fact that its life is fully dependent on other human who is already a subject of human rights. Furthermore, while the rhetorical device of right to life has been more closely associated with the campaigns of those who work actively against abortion, there are no official international institutions that have interpreted it in order to establish constraints on abortion. Most recently, the European Court of Human Rights, in the case Vo v. France, ruled, â&#x20AC;&#x153;It is neither desirable, nor even possible as matters stand, to answer in the abstract the question whether the unborn child is a person for the purpose of Article 2 of the Convention â&#x20AC;?. The court consequently declined to adopt a ruling that would have put in jeopardy the validity of laws allowing abortion in the 39 member states of the Council of Europe at the time. Now, biologically speaking, as the mother can outlive the foetus while the opposite

cannot happen, the logical conclusion would be to consider the life of the mother as more valuable or more relevant in legal terms than the life of the foetus. Therefore, a complete ban on abortion is already an attack to the right to life even when the foetus is regarded as a subject of human rights. Moreover, this issue should also be considered from the perspective of abortion as a nearly unavoidable act. A pregnancy itself is a really big financial burden in most countries in the world, counting health costs and other related expenses. Plus, if a woman cannot afford a pregnancy, odds are she cannot afford the costs of raising a child. All this, added to all the hormonal and physical changes that come with a pregnancy, consequently turn the whole process a financial and physical burden that many women cannot afford for a variety of reasons, and in some cases, it leaves them in a very extreme situation where the only way out is to terminate the process altogether. It is broadly recognized that in countries where abortion is constrained by law, women seek clandestine abortions, usually under medically unsafe circumstances, therefore life threatening for the mother. According to the World Health Organization, around 21.6 million women all over the world had medically unsafe abortions only in 2008 . Therefore, it is safe to say abortions are nearly unavoidable. Having this under consideration, added to the basic notion that the life of the mother is of more legal relevance, the issue of abortion acquires a completely different scope.

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In 2000, when evaluating the reports on State’s compliance with the right to life enshrined in the International Covenant on Civil and Political Rights, the Human Rights Committee ordered States to inform it of “any measures taken by the State to help women prevent unwanted pregnancies, and to ensure that they do not have to undergo life-threatening clandestine abortions” . Considering abortion an inevitable procedure, the only way States have to ensure life-threatening abortion is by regulation the whole process. By prohibiting abortion, the government is forcing women to endure life threatening unsafe ways of terminating their pregnancies that directly threaten their right to life; these unsafe abortions were responsible for the deaths of at least 47,000 women only in 2008 . Therefore, laws that force women to resort to unsafe procedures can easily be regarded as an infringement upon women’s right to life. Secondly, another basic human right that would be interesting to evaluate under the scope of reproductive rights is the right to gender equality. The right to equality and non-discrimination before the law is stated in article 7 of the Universal Declaration of Human Rights , while in Article 3 of the Declaration gender is one of the characteristics specified as an unlawful reason to discriminate against an individual. The debate here lays in the issue of whether a restriction on a gender specific procedure as abortion can be considered discrimi-

nation against women. Discrimination, according to the Convention on the Elimination of All Forms of Discrimination against Women, “includes laws that have either the “effect” or the “purpose” of preventing a woman from exercising any of her human rights or fundamental freedoms on a basis of equality with men”. Laws regulating women’s reproductive rights, as a pregnancy is potentially process that affects the female’s usual functioning, are a potential violation of bodily integrity. Bodily integrity is the inviolability of the physical body and emphasises the importance of personal autonomy and the self-determination of human beings over their own bodies . The violation of bodily integrity is regarded as an unethical infringement, intrusive and possibly criminal. A2014 conference on Women’s Rights by the UN established bodily integrity as a right needed by all women . Consequently, the ban on the termination of an undesired pregnancy is gender specific discrimination. In 1999, the Committee on the Elimination of Discrimination against Women recognized “laws that criminalize medical procedures only needed by women and that punish women who undergo those procedures” as a barrier to women’s access to appropriate health care. The reasoning behind this statement is that an unwanted pregnancy often does not allow a woman to perform in equal circumstances to a man’s. Furthermore, constraining abortion rights effectively denies women the access to a procedure that may be necessary for their equal enjoyment of their right to health . Only women must live with the

physical burden of an unwanted pregnancy; some are even deemed to suffer maternity-related injuries, such as haemorrhage or obstructed labour. Consequently, a pregnancy exposes women to a series of health risks, some of them even deadly, which are not experience by men. Laws banning all access to abortion, whatever their stated intention might be, have the ultimate discriminatory outcome of both degrading and undermining women’s capacity to make conscientious decisions about their bodies and their lives, and finally, being the ones in charge of their own bodily integrity. As a matter of fact, it is important to note that reluctance to allow women to make decisions about their own bodies is often to be found among those whose current tendency is to deny women decision-making roles in the social, political and economic areas. Additionally, the Human Rights Committee has recognized that criminalizing abortion, even in cases of rape, is irreconcilable with the States’ duty to ensure the equal right of men and

women to the civil and political rights set forth in the International Covenant on Civil and Political Rights. The Committee has indicated that mother mortality due to medically unsafe abortions is evidence of gender specific discrimination towards women. Lastly, it is important to link prohibition to abort a foetus with one of the most basic human rights of them all: Article 5 of the Universal Declaration on Human Rights , which states that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. Firstly, it is significant to note the Human Rights Committee has stated that cruel, inhuman, or degrading treatment is not only limited to actions that cause physical pain, but also psychological pain. Mental suffering, which can also derive in illness such as depression, anxiety, post traumatic stress disorder and more is often the result of denying women the possibility of terminating an undesired pregnancy. As a result of constricting abortion laws and policies, many women experiencing difficult pregnancies that put their lives in danger and need therapeutic abortion are forced to suffer from painful, terrifying and life threatening circumstances. Human rights institutions have recognized that constricting abortion laws can lead to violations of the right to be free from cruel, inhuman and degrading treatment. The Committee against Torture has recognized the impact on women of limiting abortion laws, as this forces them to either carry undesired pregnancies to term or to perform illegal abortions that most likely will place their health and lives in danger. Furthermore, the Committee has noted that the failure of States to take steps to prevent these acts constitutes cruel and inhuman treatment towards women; particularly, the Committee has stated that a ban on abortion that forces an individual to carry an unwanted pregnancy resulting from gender-based violence(like sexual assault)“entails constant exposure to the violation committed against her and causes serious traumatic stress and a risk of long-lasting psychological problems such as anxiety and depression.” Women may also undergo severe suffering and agony when legal abortion services are inaccessible or of difficult access. In many countries where abortion is legal, healthcare staff is allowed to refuse to provide abortion services because of their own personal beliefs or discriminatory attitudes towards abortion. In the case of L.M.R. v. Argentina, the Human Rights Committee found that the State’s failure to guarantee a woman’s access to the abortion services to which

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she was legally entitled, forces her to suffer physical and psychological pain, which constituted cruel, inhuman or degrading treatment under Article 5 of the Universal Declaration of Human Rights . Moreover, in the case of R.R. v. Poland, the European Court of Human Rights established a violation of the right to be free from inhumane and degrading treatment in the denial of another lawful abortion. A woman was forced to carry a pregnancy to term even with the knowledge that the foetus had an incurable malformation, when it is stated in Polish law that she was entitled to a safe abortion. The Court stated that “[s]he suffered acute anguish through having to think about how she and her family would be able to ensure the child’s welfare, happiness and appropriate long-term medical care.” Furthermore, the denial of access to abortion services in certain circumstances, regardless of the legality of the procedure itself, constitutes cruel, inhuman or degrading treatment, and therefore, a breach of a basic human right. In the landmark decision of K.L. v. Peru, the Human Rights Committee found that the depression and emotional distress experienced by a 17-year old girl were foreseeable consequences of the State’s failure to provide the minor to access to legal, safe therapeutic abortion, and constituted a violation of Article 5 of the Declaration of Human Rights . Remarkably, this ruling did not depend on the legality of abortion, as this procedure is illegal in Peru. To conclude, it is safe to say that denying a woman the possibility to decide over her own body, the course of her own life, and the terms of her reproductive life is an extremely dangerous measure to impose. Whether the right in jeopardy is the right to life, to equality or to be protected from torture, even the right to enjoyment of the benefits of scientific progress (as abortion is right now the safest that it has ever been), a ban on abortion is an attack on human rights. This can be exemplified in a very simple analogy: in the hypothetical case A was about to die, and the only way in the entire world to save them would be a transfusion of B’s blood, there are no laws that oblige B to donate that blood to A. In case B says no to the donation of that blood, A will die, and there is nothing no one else can do about that. This is because our freedom starts where other people’s freedom ends, and one person’s right to life should never violate other human’s right to life. A woman’s bodily integrity will always belong to her, and so it should be, in all cases, only up to her to decide whether to carry a pregnancy to term or not, because, as Rachel famously said in the popular show Friends: “no uterus, no opinion”

Democratically Islam: Reviewing Indonesia’s Democracy in Light of its Lack of Religious Freedom

ince the impeachment of dictator-like President Soeharto in 1998, Indonesia has presented itself as a democratic nation yet fails to fulfil its required elements created by former Commission on Human Rights (now the Human Rights Council) within the scope of religious freedom. With only six ‘official’ religions recognised by the govern-

ment, individuals are required to report their beliefs to municipality’s offices. Atheism is strictly frowned upon since it directly opposes first clause of Pancasila, a mandate of philosophical foundation falsely used as basis of democracy: “Belief in the one and only God”. Violence against religious groups remain prevalent in practice, including attacks on mosques

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and churches during times of conflict. Thus, incumbent President Joko ‘Jokowi’ Widodo, has addressed this issue and committed his regime to guarantee protection of freedom of religion and thought. Thus, religious freedom is a mere facade of human rights endorsement due to the biased nature of legislative authorities that uphold strict Islamic values and lack of higher education and of religious tolerance within the society. The fall of President Soeharto’s 32-years regime, mostly known as the New Order, was marked with a chaotic three-days demonstration led by university students rejecting his authoritarian regime in which he appointed himself president for life. Consequently, reconstruction of government started the Reformation Era with aims to push Indonesia to a more democratic spectrum . Ever since, Indonesia claimed to be a democratic country, shown during amendments of the constitution to enable direct election of political parties and presidential candidates in 2002. Yet, the Human Rights Council has established ‘respect for human rights and fundamental freedoms and freedom of expression and opinion’ as essential elements of democracy, which Indonesia have failed to fulfil. The first element has not been satisfied due to limitations on religious freedoms on individuals, while the latter is due to the existence of blasphemy laws. Adults are obliged to obtain Identification Cards from municipalities , yet these cards require individuals to include their personal beliefs into governmental systems for collective data purposes. In addition, the ‘Religion’ column must be filled with one of six religions : Islam, Catholic, Christian, Buddha, Hindu, and Confucianism. Recently, Minister of National Security permitted individuals to leave the column blank if it is not included in the aforementioned religions , but they still have to report their specific belief to authorities or would not be able to receive their Identification Cards . Despite its mon-

otheistic nature, Pancasila is seen as evidence of compromise of religious tolerance due to its formation history and incorporation of polytheism beliefs as ‘official’ religions. Initially, its first clause includes “with the obligation to observe Islamic Shari’a laws” when it was first promulgated under Jakar- Jocelin tjandra / llb year 2 ta Charter. While it is still considered to include Pancasila in constitution’s preamble as State ideology, the Charter’s drafters received threats from Eastern Indonesia leaders to withdraw their promises to unify their territories under the Republic of Indonesia . They demanded the clause to be changed since some had Christian majorities whom were not willing to convert beliefs to Islam. Indonesia’s Constitutional Court is often condemned for upholding controversial blasphemy laws, which include criminalisation for ‘insulting a religion’, most specifically Islam. Human rights advocates have requested judicial review regarding the outdated laws through petitions, yet the Court expressly announced its refusal for the review using maintenance of social order and peace as its justification . Hence, the Court has allowed broad interpretations for legitimate limitations on religious freedoms, suggesting that State has delegated some of its power to provide the “correct” interpretation of laws, usually held by the judiciary, to religious leaders . Amnesty International has published a report with recommendations to the authorities to release all prisoners of conscience solely for peacefully exercising human rights; to repeal all provisions that impose restrictions on the right to freedom of expression and thought, conscience and religion; and to guarantee a dignified return of displaced minority religious communities who were unable to practice their faith free from fear, intimidation and attack. Aside from blasphemy laws, legal obstacles that exist in Indonesia’s legislations include the ones usually handed out by Minister of Religious Affairs. It has established joint ministerial decrees

with Minister of Home Affairs in the past, aiming to proselytise Islam . In 2006, it established a joint regulation that includes restrictions and preconditions to build Houses of Worship and curfews for religious activities to maintain and empower religious harmony . Lastly, towards the Ahmadi Muslim minority, whom beliefs contradict Sunni majority’s teachings, a legislation was passed forcing them to ‘stop spreading (their) teachings’ , a clear violation of rights to freedom of expression and speech. In addition, under President Susilo Bambang Yudoyhono’s rule, an act was passed with inclusion of articles “to protect” the faith of a child, even when adopted . The leading clerical body in Indonesia operates under Minister of Religious Affairs, known as Indonesian Ulama Council (Majelis Ulama Indonesia, MUI). As a quasi-government agency with abilities to issue fatwa and help shape governmental policy in Islamic matters, its main goal is to strengthen Muslim brotherhood through fatwas, represent Muslims in meetings with other religious organisations, and act as a neutral liaison between clerics and government officials . However, this organisation does not

represent Indonesian Muslims as a whole, but only the mere majority. This was proven through MUI’s active contribution in suggesting the ban of Ahmadiyah , declaring it to be a deviant sect, heretical and dangerous through a fatwa in July 2005. It obliged and pressured the government to prohibit the spread of Ahmadiyah teachings, ban its organization as a whole, and close all buildings and Houses of Worships . In Muslim-majority areas, some MUI offices publicly opposed openings of churches to prevent

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Muslim citizens from being “target of Christianisation” . In a case in Bogor in 2012, the local government was ordered to reopen a church that stopped its construction forcefully without reasonable grounds as ordered by the Supreme Court. However, MUI publicly supported local governments to contravene this legally binding decision . Despite these reasons, MUI deputy chairman and retired Ministry of Religious Affairs official Amidhan declared that MUI “rejects the use of violence” and “supports pluralism” . Due to the diversity of religious empires in Indonesia’s history, the States decided to grant full autonomous powers, including legislative, to special provinces. This would ensure perpetuation of sacred customs and preserve invaluable traditions unique to each areas. Currently, four out of 33 provinces are defined as ‘special’ (Daerah Istimewa) provinces . As it includes legislative powers, it is possible for local authorities and religious leaders to unite its capacity in regard of (Shari’a) law enforcement. Daerah Istimewa Aceh is known to have the most rigorous and outdated laws, such as giving curfews for women and children beyond 10:00 p.m. to “protect them from violence during the night that makes men vulnerable to commit wickedness” . However, these legislations

needed approval by central government to be statutory, and should not conflict national laws . This implies that the creation of outdated laws, inherent drawbacks preventing democratic societies, were supported by national authorities. Since legislators cannot implement these rules nationwide, a compromise of specific Islam-centric areas was deemed acceptable. It is important to establish that Islam is a religion of peace, and anything that says otherwise is a generalisation and false use of the Quran. Similar to legal provisions, Quran statutes need to be interpreted by religious leaders to be applicable in daily lives. Varieties of its interpretations led to subdivision of Islam in its own , in addition to debates following Prophet Muhammad’s death regarding who would be successor of the Caliph. Despite recognising religious plurality , practice of worship by the ‘Unbelievers’ (referring to non-monotheists and Christians, due to their doctrine of Holy Trinity ) are still condemned upon . It was believed that rulers and leaders are appointed by God because they are successors of the Earth, they should therefore be truthful and just , or would suffer severe torment in the afterlife. Hence, there is a tendency of Muslims whom placed their faith in God’s successor to prefer their Muslim broth-

ers to be their civil servants and representatives . It is, however, understandable why Muslim politicians have the tendency to endorse Muslim way of life into the implementation of laws. Unlike Christianity, Islam is not just a religion : it is a way of life and its embrace is “total submission of Allah as revealed through the prophetic message of Muhammed”; including economic, judicial, political, and cultural lives. Based on a survey , 0,73% Indonesians are atheists (or non-religious), yet unlike other beliefs, atheism is considered unconstitutional since it renders Pancasila, a mandate that shaped national identity included in constitution’s preamble. As a landmark of Indonesia’s transition from authoritarianism to democracy, the constitution was praised for mirroring provisions from Universal Declaration of Human Rights . However, some ‘minor alterations’ were made regarding State’s ability to intervene citizens’ rights, in which “protection of morals, religious values, security, and public order” were considered legitimate aims . Although suspects are rarely prosecuted, some cases could prove as a massive human rights violation in the 21st century. Data analyst Alexander Aan, from Padang, capital of West Sumatra Province, was convicted of inciting religious hatred under electronic information law and was sentenced two and a half years in prison . The only ‘crime’ he committed was posting on Facebook that he does not believe in God. Scholars have observed that governments of Muslim-majority secular countries have often taken policy measures to implement Islamic influences on economy, legislation and culture . This has proven advantageous, observing the nature of violence often hindered by locals on outbreaks started under the name of religions. The main principles of democracy remained respected, with governments acting under the will of the people. However, for some reasons, Islam radicalism has remarkably increased in number since the fall of New Order. With President Suharto’s resignation and replacement by President Habibie and his successors, emergence of radical groups seemed to escalate and become

more frequent. Lack of freedom during Suharto’s era repressed establishment of religious militancy viewpoints. He was against amending legislations, entrenched parts of the constitution and amended only the ones he wanted. The first draft of Constitution was deeply based on Islamic values, and this was often viewed as an agreement made between Suharto and religious leaders to maintain his image to international world at the expense of violating citizens’ rights. The switch from authoritarianism to (attempted) democracy has been marked with the in-

crease of violence started by Islam extremists . Under President Habibie, radical groups obtained arms and infiltrated governmental bodies, being employed as paramilitary auxiliaries to the police and army . The situation became worse as President Megawati held office because she has the least legitimacy in the eyes of Muslim radicals , not only due to her gender but also to the fact that her party’s ideologies were the

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most secular amongst others. Nevertheless, she established her ground by arresting Ja’far Umar Thalib , founder and head of extremist group Jihad Troops (Laskar Jihad), showing that she was willing to resort to military powers in order to contain radical groups. As fellow victims of sectarianism, the national motto of Unity in Diversity (Bhinneka Tunggal Ika) seemed apt since individuals of a variety of religion suffer religious discrimination in unity. The victims of discrimination range from Ahmadi Muslims, Baha’i, Christians, Shias, Buddhists, and others . An institution monitoring religious freedom

in Indonesia has published a report of 197 events of rights limitation and 263 acts of violence in 2015 . Number of cases have been ongoing a slow yet steady increase since 2010 . A research has found that higher quantity of inter-religious contact reduces negative out-group attitudes toward Muslim majority, and significantly less in Christians. This is evidently shown in Indonesia, as integration of various religions is

incorporated in daily lives and can be easily seen in public places. Houses of Worships are often exposed to bomb threats or angry mobs in cases of conflicts . Although being the majority, discriminatory cases against Muslims still exist, mostly in Christian-majority areas in East Indonesia. Furthermore, religious intolerance is attributable to its lack of education. Even though there are debates about this matter, evidence has shown that education played a great role in establishing society’s tolerance . It has been found that there is sizeable link between low literacy level of religious adherents that accounts for religious violence in Nigeria, because education has the ability to liberate minds of religious combatants from dogmas (which fuelled intolerance), fundamentalism and extremism . To be able to govern a fully democratic nation, the citizens must be educated because democratic beliefs and habits are not a state of nature, but acquired through learning processes in formal education . Yet in contrast, Indonesia’s best University sits on the ambivalent rank between 601-800 , 7% of children between the age of 5-17 are involved in child labour in 2012 , and 42% of children did not finish 12 years of basic education in the same year . In short, (partiality of) religious freedom in Indonesia existed to an extent of supporting bases of democracy instead of guaranteeing the rights of the people, and this happened due to biased nature of legislative authorities whom upholds strict Islamic values and lack of religious tolerance in society that is directly linked to substandard education. Although having claims of being democratic, Indonesia has failed to fulfil the elements set out by the Human Rights Council and violence between religious groups remains prevalent in practice. Research has shown significant connection attributable between bigotry and substandard education. In the future, Indonesia should establish better legal protection for religious minorities, so individuals may exercise their right to freedom of expression and speech that should not be limited for religious reasons

Judicial Unity An Argument for the EU’s Accession to the ECHR

Introduction

Disarray has beset Europe.Wars of aggression are now an issue of the past, but full stability has yet to be attained. Legal certainty has been retracted for political supremacy in a strife between the continent’s two most successful international organisations: the Council of Europe (“COE”) and the European Union (“EU”).The COE’s purpose is to protect human rights as defined in the Convention for the Protection of Human Rights and Fundamental Freedoms, colloquially known as the European Convention on Human Rights (“ECHR”) by assessing cases brought upon the European Court of Human Rights (“ECtHR”) in Strasbourg. In contrast, the EU is a supranational entity whose general aim is to create economic and political integration between its Member States. It also hasa judicial branch, the European Court of Justice (“ECJ”) in Luxembourg.It has retained that it is the only institution in a position to interpret Union law. Membership to either organisation requires states to be bound by their legislation and court decisions.

Having understood the difference between them, it is important to note that all EU Member States are also Parties to the ECHR, but not all ECHR Parties are EU Member States. Thus, the scope of this essay concerns the consequences of this arrangement in the domestic legal systems of EU Member States. It may seem that, since the EU and COE specialise in different fields of law, they are mutually exclusive organisations that benefit states in different way. The EU offers entry into the world’s largest trading bloc and offers the potential for economic growth via membership, while the COE is an external check on state’s power in relation to its citizens. Be that as it may, as the EU has become more than a standard trade bloc and has expanded into its competences to cover areas of human rights law through itslegislation on the free movement of people through the Area of freedom, security and justice policy. Consequently, the EU has adopted its own equivalent human rights document in the form of the Charter of Fundamental Rights of the European Union (“CFR”) in 2000. Then, with the reform of the EU with the Treaty of Lis-

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vlad belev / llb year 2

bon (2007), Article 6(2) of the new text of the Treaty on European Unionstates the Union’s obligation to join the COE. Negotiations soon began between the EU and the COE for accession, but the process was effectively shut down in 2014 by the Advocates General of the ECJ bygiving a negative opinion on the issue withOpinion 2/13. This would not be aproblematic issue had these legal orders not been in conflict with one another, but they are.In fact, the ECtHR has ruled that states can be held accountable for human rights violations when executing EU law. Thus, the debate over the EU’s accession to the ECHR continues. Using a comparative law analysis, the following essay will address and rebut the opposition to the EU’s accession to the ECHR with reference to the following arguments: accession will undermine the autonomy of the EU legal order; all EU Member States are already parties to the ECHR; the EU offers better human rights protection than the ECHR. Subsequently, this essay will assert that theEUmust accede to the ECHR because doing so would create

legal certainty when legal norms conflict between the COE and EU in national legal systems, as well as improve human rights protection for the people of the EU.

Criticism against Accession

First of all,deeming that accession will undermine the autonomy of the EU legal order is an ineffective argument, presupposing that autonomy is worth maintaining in this dispute. The concept of autonomy stipulates that only the EU itself may determine under which conditions its law is effective and can be relied on in Member States. Additionally, the ECJ has maintained that it has a monopoly on determining the validity and interpretation of Union law. Hence, the issue present is that if the EU accedes to the ECHR, EU law would be susceptible to judicial review against the ECHR as a superior source of law.What is more, Protocol 16 of the ECHR allows for Parties to ask for Advisory Opinions from the ECtHR on how to interpret the Convention without

needing to exhaust all domestic remedies. As such, it could occur that a national court might ask Strasbourg for clarification on the compatibility of EU law in relation to the ECHR, rather than referring the question to Luxembourg through a preliminary reference procedure. Consequently, the ECJ will lose its position as the sole vested authority with the competence to interpret EU law, losing its autonomy in the process. The most noticeable problem with this line of reasoning is that it makes a value judgment by sacrificing human rights protection for judicial supremacy. The EU claims that it is a sui generis legal order, a unique regime of international law, and by virtue of this self-proclaimed status, it must uphold its autonomy and independence.It is clear that the ECJ is merely concerned with maintaining its interpretive monopoly. Such pompous argumentation leaves the EU open to moral criticism. Aside from this, the ECtHR’s case law has openly evaluated the validity of EU law against the ECHR, without further repercussion from the EU in two seminal cases, Bosphorus Hava Yollari Turizm ve Ticaret Anonim Sirketi v

Ireland andMatthews v United Kingdom. As a result, the COE has already undermined the “sui generis” position of the EU legal order and will continue to do so when needed. The Union’s lack of feedback suggests that its autonomy is perhaps not worth defending in light of human rights violations. The second argument is that since all Member States of the EU are also Parties to the ECHR, there is no need for accession, because all people of the EU are already guaranteed human rights protection under the ECHR, and thus accession would not offer human rights security to anyone who is not already given such protection.This is false because it omits the question of accountability.Human rights violations lead to compensation. When a state makes an infringement, it has to compensate the victim for overstepping its boundaries. Therefore, states have an incentive to act in accordance with the ECHR, lest they have to pay. However, if the EU’s actions lead to human rights violations, the EU cannot be held accountable. Therefore,when Member States apply EU law and doing so leads to a human rights violation, victims can hold the state liable, but not the Union

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itself. This means that Member States have to be scrutinized in Strasbourg for carrying out the laws and orders of the Union. This is not a hypothetical situation, it occurred in the aforementioned ECtHR cases Matthews and Bosphorus.It is unfair for Member States to pay compensation to victims of the Union. It only makes sense that the EU could be held liable for violations that come about as a result of its legislation, but the existing judicial mechanism does not allow for individuals to hold the Union liable. Thus, it has no incentive to avoid making human rights violations through its legislation, as it cannot be held responsible for doing so. Nonetheless, supporters of the Union claim that it is obligated to and offers a higher standard of human rights protection than the COE. They cite Article 52(3) CFR to substantiate this claim. It states: In so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.

At face value, it seems that the EU promises an equivalent guarantee while allowing for its standard to be higher than the ECHR.Referring to Burriâ&#x20AC;&#x2122;s paper, she points out that this is the case with the prohibition against direct and indirect sex discrimination. The EU has defined crucial concepts such as direct and indirect sex discrimination, as well as procedure for determining the burden of proof in court, whereas the ECtHR is much more lenient and vague on the matter due to its limited case law in comparison concerning this specific field. In this specific instance, there is no doubt that EU law exceeds the ECHR, but merely focusing on this specific case overlooks the

larger issue. In spite of this, the EU is distorting human rights protection rather than improving it in its Member States. Having two distinct regimes police the same group of states in human rights law reduces overall legal certainty when there is no clarification made on which laws take precedence when they are both binding.

Superior Human Rights Protection

Accession would also create a higher standard for human rights protection. Despite the EU’s concern for fundamental rights as one of its general principles of law, the system has not proven itself to be superior to the COE.In two influentialcases, Matthews and Bosphorus, the ECtHR ruled that the ClarifyingLegal Certainty execution of EU law led to a human rights violation. The distortion of legal certainty occurs when In Matthews, the applicant was denied the right to EU law and the ECHR contradict. It can be comvote as a result of EU primary legislation, which was batted by the EUacceding to the Convention. The interpreted to exclude Gibraltar, which is part of the crux of the case is these two jurisdictions do not UK and thus part of the EU, from the vote for the incorporate the same methodologies to settle certain European Parliament, arguing that “the Convention types of cases. For example, Pennings reasoned that does not exclude the transfer of competences to the “scope of the approach to discrimination differs international organisations provided that Convenconsiderably” in cases on the question of non-distion rights continue to be ‘secured’. Member States’ crimination on the grounds of nationality in social responsibility, therefore, continues even after such a security. By comparing several cases, he concludes transfer”. Essentially, the COE respects the sovereignthat foreign nationals residing in the EU who claim ty of its Parties’ while maintaining that human rights to be discriminated against would be more successful still need to be protected regardless of its other inif they evoke the ECHR rather than EU legislation. ternational obligations.This line of reasoning implies This implies that, not only does the EU not offer that the ECtHR demands judicial supremacy and at least equivalent protection of human rights as could be interpreted to have the same conceited vanclaimed in Article 52(3) CFR, but also that the same tage point of its position in domestic legal systems as case can have polarising outcomes in the same coun- the EU, wishing to be supreme. try depending on which laws are evoked in court. Be that as it may, when this case is read in Additionally, when it comes to the fundaconjunction with the Bosphorusjudgment, a different mental right to strike in the context of the European conclusion can be drawn. The court decided that it internal market, Veldman deduces that “the ECtHR may review the EU’s legislation if it contains a ‘maniand the ECJ are likely to head for a clash”. The reason fest deficiency’ in human rights protection. Thereby, for this is that each system analyses the issue using the COE is much more concerned with safeguarding a different methodology, “So, where the ECtHR is human rights than being the superior court. This is compelled to scrutinize the lawfulness of the particu- a much more modest and commendable stance that lar restrictionor even a ban on the fundamental right moralists would appreciate, but it also touches upon to strike, the ECJ must assess the lawfulness of resor- a teleological interpretation of human rights legislatingto the fundamental right to strike when it consid- tion;it being that people must be protected against ers the particular strike action to be an infringement superior entities, be it a state, international organizaof a fundamental economic freedom.” tion, or private party. As such, it is now appropriate Due to the disparity of both approaches, citto point out that as a supranational body, the EU has izens are left unsure of what their rights and obligano procedure to allow individuals to bring an action tions are. The very purpose of the general principle against the Unionfor a human rights violation. This of law of legal certainty is for people to be able to can be amended by allowing the EU to accede to the regulate their behaviour in line with the existing law ECHR, which has an established individual comof the state. When they are not able to do so because plaints procedure that has proven to be very effective of the complicated relationship between national in holding states accountable. Doing so would not law and international law derived from the COE and only incentivize the EU not to issue legislation that the EU, then citizens are ¬left vulnerable to unfair conflicts with national human rights legislation, but restrictions and freedoms. also harmonize the divergent approaches the two ju-

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risdictions have had thus far to offer a higher standard of human rights protection to its citizens.

Conclusion

In conclusion, this paper has examined the debate surrounding the EU’s accession to the ECHR. Arguing in favour of this preposition, it has rebutted several of the opposing arguments including that the autonomy of EU law would be subverted, that accession would be meaningless as all Union Member States are already Parties to the COE, and that the EU’s system is a more effective in shielding human rights. Hitherto, three specific examples have been used to show the diverging jurisprudence between the two courts, including: sex discrimination, discrimination on the grounds of nationality and the right to protest. The apparent gaps and contradictions in their interpretations of human rightscould either differ even more or unite in the future. Unfor-

tunately, there is no way to guarantee that the latter is any more likely than the former. Moreover, from the Matthews and Bosphorus cases from Strasbourg, it has been concluded that EU legislation can, at times, overlook certain human rights guarantees and it cannot be held accountable for the violations through the Union’s own structure. The best way to check the power of the EU is tocontinue the efforts to accede to the ECHR.This line of action would not only clarify the distorted legal certainty by states’ dual obligations to the two courts, but it would also lift the bar for human rights protection in Europe. After all, the purpose of human rights legislation is to safeguard the people, not compete for judicial supremacy. The current state of affairs is incomprehensible to a layman, who is entitled to the right to have confidence in the law but is denied a clear path to assert his rights

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Nexus Summer 2016