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Conscientious Objection and Human Rights
To which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections.
Between Peace and Conflict in the East and the West
This open access book features various studies on democratization, transformation, socio-economic development, and security issues in the Organization for Security and Cooperation in Europe (OSCE) geographical region and beyond. Written by experts and scholars working in the field of human dimension, security, transformation and development in Europe and Asia, particularly in post-soviet and communist countries, it examines the connectivity that the OSCE provides between the East and the West. The 2021 edition of this Compilation Series of the OSCE Academy presents studies on peace and conflict as well as political regime development in various member states of the OSCE as well as their econ...
The Organization for Security and Co-operation in Europe (OSCE)
During the Cold War, the two global superpowers were able to come together to resolve many issues of transparency and common challenges, leading to a change in European and global security. The OSCE covered the area formerly occupied by NATO and the Warsaw Pact, championing the Helsinki Final Act, which became a key international instrument to encourage peace and security. Following the end of the Cold War, the OSCE became a key institution positioned between the European Union and NATO, focusing on furthering democracy, protecting human and minority rights, and encouraging military reform in a drastically dynamic region. David J. Galbreath sheds light on an institution that changed the face of global security during the Cold War and championed the rise of democratization in Central and Eastern Europe as well as the former Soviet republics following the collapse of the Soviet Union.
Amnesty International Fair Trial Manual
"A practical and authoritative guide to international and regional standards for fair trial. These standards set out minimum guarantees designed to protect the right to a fair trial in criminal proceedings. The Manual explains how fair trial rights have been interpreted by human rights bodies and by international courts. It covers rights before and during trial, and during appeals. It also covers special cases, including death penalty trials, cases brought against children, and fair trial rights during armed conflict"--
The Legal Framework of the OSCE
The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.
Competitive Authoritarianism
Based on a detailed study of 35 cases in Africa, Asia, Latin America, and post-communist Eurasia, this book explores the fate of competitive authoritarian regimes between 1990 and 2008. It finds that where social, economic, and technocratic ties to the West were extensive, as in Eastern Europe and the Americas, the external cost of abuse led incumbents to cede power rather than crack down, which led to democratization. Where ties to the West were limited, external democratizing pressure was weaker and countries rarely democratized. In these cases, regime outcomes hinged on the character of state and ruling party organizations. Where incumbents possessed developed and cohesive coercive party structures, they could thwart opposition challenges, and competitive authoritarian regimes survived; where incumbents lacked such organizational tools, regimes were unstable but rarely democratized.
Consequential Courts
In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.
