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ejesgistnews · 14 days ago

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CSOs Advise Tinubu, NASS to Reject Nigerian Coast Guard Bill. The Coalition in Support of National Security Advancement (CSNSA) has urged President Bola Ahmed Tinubu and the National Assembly to reject the proposed Nigerian Coast Guard Bill. According to the coalition, the establishment of a Coast Guard would undermine national security and exacerbate Nigeria's financial challenges. Background of the Nigerian Coast Guard Bill. The bill, titled “Bill for an Act to Provide for the Establishment of the Nigerian Coast Guard,” has already passed its second reading in the Senate and has been referred to the Senate Committee on Marine Transport for further deliberation. It aims to establish an independent Nigerian Coast Guard responsible for safeguarding Nigeria’s vast maritime zones. However, the coalition, comprising various civil society organizations (CSOs) like the Centre for Social Justice, Equity and Transparency (CESJET), the Nigerian Unemployed Youth Association, and the Centre for Human Rights and Advocacy in Africa Network (CHRAAN), expressed grave concerns over the bill during a press conference led by Okwa Dan (Convener) and Ilal Abdulahi (Coalition Secretary). Concerns Raised by CSOs The CSOs argue that establishing a new Coast Guard service would duplicate existing functions handled by the Nigerian Navy, thereby creating inefficiencies. The coalition stated: “The creation of a new Coast Guard could duplicate existing responsibilities, jeopardize national security, and place a significant financial burden on the country.” The coalition highlighted that setting up a Coast Guard would require significant financial resources. The CSOs cited the U.S. Coast Guard’s annual expenditure of over $13 billion as an example, arguing that such costs would be unsustainable for Nigeria given its current economic constraints. Recommendations from the CSOs Instead of implementing the Coast Guard Bill, the coalition proposed the following: Strengthening the Nigerian Navy: The CSOs recommended boosting the capacity of the Navy, which has already proven capable of handling diverse maritime security tasks such as anti-piracy, environmental protection, and anti-smuggling operations. Prioritizing Civilian Control for Non-Military Maritime Functions: The group suggested setting up a civilian-run organization for non-military duties like environmental protection, customs enforcement, and search-and-rescue missions. This would avoid duplication of Navy operations and align with international best practices. Avoiding Constitutional Conflicts: The coalition emphasized that the Nigerian Constitution recognizes only three branches of the armed forces: the Army, Navy, and Air Force. Establishing a Coast Guard as a military service without constitutional amendments could lead to significant legal challenges and undermine the rule of law. How Police Authorities Tried To shield Officer Who Raped Minor, Quickly Punished Female Officer For Exposing Randy Officer (Video) Legal and Financial Implications The CSOs warned that establishing a new Coast Guard service could lead to constitutional ambiguities, especially since the proposed entity would fall under the Ministry of Marine and Blue Economy. They noted: “Creating a new military branch without proper constitutional amendments could result in serious legal disputes and erode the rule of law in Nigeria.” Additionally, the coalition pointed out that integrating personnel from various backgrounds without adequate vetting could compromise national security, making it easier for individuals with malicious intent to infiltrate the organization. The group cited potential risks such as increased piracy, oil bunkering, and smuggling. Public Hearing and Legislative Process The Coast Guard Bill is set for a public hearing at the National Assembly, a crucial step in the legislative process. The CSOs have urged lawmakers to consider the nation’s current financial limitations and security needs before making a final decision.

If the bill passes all legislative hurdles, it will be forwarded to President Tinubu for approval. However, should the President decline to sign it, the bill will not become law. The coalition’s stance reflects concerns about the financial and legal implications of establishing a new Coast Guard in Nigeria. With limited resources and existing security challenges, the CSOs argue that enhancing the Navy’s capabilities would be a more sustainable and effective approach to safeguarding Nigeria’s maritime zones. Stay tuned for further updates on the legislative process surrounding the Coast Guard Bill.

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delvenservices · 1 year ago

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Fixed-wing VTOL UAV Market Size, Share & Revenue Analysis: 2028

Fixed-wing VTOL UAV Market by Vertical (Military, Government & Law Enforcement, Commercial), Propulsion (Electric, Hybrid, Gasoline), Mode of operation (VLOS, EVLOS, BVLOS), Endurance, Range, MTOW, and Region (North America, Europe, Asia-Pacific, Middle East and Africa and South America)

The Fixed-Wing VTOL UAV Market is projected to reach a CAGR of 18.4% from 2021 to 2028.

Fixed-wing VTOL UAV refers to the fixed-wing vertical take-off and landing (VTOL) unmanned air vehicle (UAV). They are commonly known as drone and are capable of being operated autonomously with any human pilot. A fixed-wing VTOL UAV can hover, take-off, and land vertically like a helicopter with help of rotors. The vehicle is primarily designed for high aerodynamic performance and low take-off weight. Aerodynamics design steps and sizing of both wing and static stability is fulfilled by evaluating the centre of gravity location with respect to the neutral point.

The increasing adoption of fixed-wing VTOL UAVs in various commercial applications, such as monitoring, surveying & mapping, agriculture, aerial remote sensing, product delivery and rise in the adoption of technologically advanced runway less unmanned aerial military platforms by defence forces are some of the factors that have supported long-term expansion for Fixed-wing VTOL UAV Market.

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Regional Analysis

North America is estimated to be the largest market for fixed-wing VTOL UAVs in 2019, followed by Asia Pacific and Europe. This is attributed to the high demand for fixed-wing VTOL UAVs from the US, for applications such as firefighting & disaster management, maritime security, agriculture, product delivery, and inspection & monitoring, among others.

Key Players

Alti UAS

Arcturus UAV, Inc.

Bluebird Aero Systems LTD

Elroy Air Inc.

Lockheed Martin Corporation

Quantum-Systems GmbH

Textron Inc.

Ukrspecsystems

ULC Robotics Inc.

Vertical Technologies Ltd.

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Recent Developments

In 2020, Wingtra announced the release of its new payload – MicaSense Altum, which is useful for agricultural and closely monitoring water stress areas. This payload provides a high-resolution thermal (down to 54 cm or 21 in/px) and multispectral (down to 3.4 cm or 1.3 in/px) imagery.

In 2020, Larsen & Toubro (L&T) signed a pact with ideaForge to offer allied systems and drones for defense use. Both companies integrated their strengths to provide Hi-tech drone solutions to improve surveillance and security.

Reasons to Acquire

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In-depth analysis of the changing trends of the market by visualizing the historic and forecast year growth patterns

Get Direct Order of this Report: https://www.delvens.com/checkout/fixed-wing-VTOL-UAV-market-trends-forecast-till-2028

Report Scope

Fixed-wing VTOL UAV Market is segmented into vertical, application, mode of operation, range, MTOW, propulsion, endurance and region.

On the basis of Vertical

Military

Commercial

On the basis of Application

Border Management

Traffic Monitoring

Firefighting & Disaster Management

Search & Rescue

Police Operations & Investigations

Maritime Security

On the basis of Mode of Operation

Remotely Piloted

Optionally Piloted

Fully Autonomous

On the basis of Range

Visual Line of Sight (VLOS)

Extended Visual Line of Sight (EVLOS)

Beyond Line of Sight (BLOS)

On the basis of MTOW

<25 Kilograms

25-170 Kilograms

>170 Kilograms

On the basis of Propulsion

Electric

Hybrid

Gasoline

On the basis of Endurance

<5 hours

5 – 10 hours

10 hours

On the basis of Region

Asia Pacific

North America

Europe

South America

Middle East & Africa

About Us:

Delvens is a strategic advisory and consulting company headquartered in New Delhi, India. The company holds expertise in providing syndicated research reports, customized research reports and consulting services. Delvens qualitative and quantitative data is highly utilized by each level from niche to major markets, serving more than 1K prominent companies by assuring to provide the information on country, regional and global business environment. We have a database for more than 45 industries in more than 115+ major countries globally.

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rightsinexile · 5 years ago

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Publications

“Lack of federal data and the legal complexity of individual instances of statelessness make it impossible at the current moment to provide accurate estimates of the number of stateless persons in the United States. However, the CMS report identifies over 35 groups of persons with members who are potentially stateless or potentially at risk of statelessness, and it used Census data to find persons who matched these profiles. It also draws upon limited administrative data on refugees and asylum seekers to supplement its estimates of persons who are potentially stateless or potentially at risk of statelessness.” Statelessness in the United States: A study to estimate and profile the US stateless population. Center for Migration Studies. January 2020.

“The rhetoric surrounding refugees and migrants has become increasingly polarized over the last decade. The global recession exacerbated feelings of economic and social dislocation for the working and middle class in many countries, caused by rapid globalization, the changing nature of work, shifting demographics, and increased strain on post-World War II era social welfare systems. Tapping into these real and perceived feelings of loss, politicians on the far right in many countries have combined populist economic policies with nativist worldviews, using immigrants and refugees as scapegoats for changing economic realities.” Refugees as assets not burdens: The role of policy. Dany Bahar and Meagan Dooley. Brookings. 6 February 2020.

“This study applies the motivation – opportunity – ability (MOA) theoretical framework to study the intention – behaviour gap for asylum seekers and refugees who are currently transiting through Egypt and are intending to leave the country in the short term. Primary data were collected through the narratives of fifteen asylum seekers or refugees, coming from South Sudan, Libya or Syria.” Narrative analysis of Syrians, South Sudanese and Libyans transiting in Egypt: A motivation-opportunity-ability approach. Hélène Syed Zwick. Journal of Ethnic and Migration Studies. 3 February 2020.

“ICMPD’s Migration Outlook presents a brief analysis of migration and policy trends and provides an outlook on developments and events to watch out for in 2020. Thus, the outlook does not claim to foretell the future or to cover all relevant trends. It wants to use past experience and highlight what might happen and is important to consider.” ICMPD Migration Outlook 2020. International Centre for Migration Policy Development. February 2020.

“Pressure on Syrian refugees in Lebanon to return home is rising. Although Syria remains unsafe for most, refugees are trickling back, escaping increasingly harsh conditions in Lebanon and hoping that the situation will improve back home. Procedures that clarify refugees’ legal status are making return more plausible for some.” Easing Syrian refugees’ plight in Lebanon. International Crisis Group. 13 February 2020.

“This report explores the effects that enforced destitution has on women who have sought asylum, particularly those women whose claims were rejected, and highlights the urgent need to end this inhumane and ineffective policy. To the best of our knowledge, this report represents the most detailed contemporary account of asylum-seeking women’s experiences of destitution in the UK.” Will I ever be safe? Asylum-seeking women made destitute in the UK. Women for Refugee Women. 11 February 2020.

“The UK's Immigration Rules allow for refugees to be joined in the UK by immediate family members in certain circumstances. Provisions in EU law (the Dublin III Regulation) can also be used to reunite families separated across the EU/UK. The Regulations will cease to apply in the UK after the Brexit 'transition period'. This has given extra impetus to pre-existing calls to widen the scope of the UK's rules.” The UK's refugee family reunion rules: A comprehensive framework? House of Commons Library. 13 January 2020.

“Based on the site visits, interviews conducted and the evidence obtained, UNSMIL confirms that between 23:28 and 23:39 on 2 July 2019, a foreign aircraft conducted an attack on the Daman complex in Tajoura, which struck two buildings in the complex. DCIM reported that at least 53 migrants and refugees were killed in the attack, namely 47 men and six boys. Those killed were reportedly citizens of Algeria, Chad, Bangladesh, Morocco, Niger and Tunisia. DCIM also stated that 87 male migrants and refugees were injured. Injured migrants and refugees were transferred to four different hospitals in Tripoli, namely the Tripoli University Hospital, Mitiga Hospital, Abu Slim Hospital, and the National Heart Center (also called Tajoura Heart Hospital). Fifteen of those injured were returned to detention following treatment.” The airstrikes on the Daman building complex, including the Tajoura Detention Centre, 2 July 2019. United Nations Support Mission in Libya (UNSMIL) and the Office of the United Nations High Commissioner for Human Rights (OHCHR). January 2020.

“This report provides an overview of the legal framework regulating the detention of asylum seekers in Greece and an analysis of the ‘low profile detention scheme’ – under which single males from certain countries are automatically detained – implemented on the island of Lesvos. It then identifies concerning trends and potential legal violations in implementation of this policy. Finally, the report provides a summary of the new 2020 Law on International Protection.” Locked up without rights: Nationality-based detention in the Moria refugee camp. HIAS. December 2019.

“An Italian court has ruled that the country’s Cabinet presidency and defence ministry were responsible for the refoulement of 14 Eritrean nationals in July 2009, when a warship rescued some 80 people and took them back to Libya, ignoring requests for international protection.” Italy guilty of refoulements in 2009 handover of Eritrean shipwreck survivors to Libya. Yasha Maccanico. Statewatch. January 2020.

“The Court has never questioned the legitimacy of the national lists of “safe third countries” as such, nor has it declared that a given third country was (or was not) safe. The current approach of our Court is mainly procedural; it is focused on examining the procedural guarantees that must necessarily underpin the evaluation carried out by domestic authorities. The deporting State cannot simply rely on its own definition of the third country as safe, and it has a general procedural obligation to carry out a fair and thorough examination of the conditions in that third country.” Articles 2, 3, 8 and 13: The concept of a “safe third country” in the case-law of the Court. European Court of Human Rights. 2018.

“Would the disembarkation of migrants and refugees in North African countries by EU state vessels, including vessels participating in a Frontex operation, comply with international obligations and European law? Thus, can Algeria, Egypt, Libya, Morocco and Tunisia be considered ‘Places of Safety’ for rescued persons? Can private vessels, including NGO rescue vessels, be obliged to disembark rescued migrants and refugees in places which are unsafe? Can they refuse to follow such a command without breaking the law? Is it in line with international and EU law if European Maritime Rescue Co-ordination Centres (MRCCs) shift their coordination responsibility for SAR onto MRCCs in North Africa?” Places of safety in the Mediterranean: The EU’s policy of outsourcing responsibility. Prof. Dr. Anuscheh Farahat and Prof. Dr. Nora Markard. Heinrich-Böll-Stiftung. February 2020.

“The epidemic of violence and the deterioration of economic and social conditions in the Central American countries of El Salvador, Honduras and Guatemala have forced large numbers of people to head north to Mexico and the United States in search of safety and security. Every year, hundreds of thousands of people continue to be forced to flee to escape death threats, physical assault, sexual violence and confinement. Increased displacement across the region coupled with sharply reduced options for international protection have created a humanitarian crisis that demands a coordinated humanitarian response. Governments in the region must place the wellbeing of individuals at the center of their migration policies.” No way out: The humanitarian crisis for migrants and asylum seekers trapped between the United States, Mexico and the Northern Triangle of Central America. Medecins Sans Frontieres (MSF). February 2020.

“New refugees must complete a number of complex tasks which, research by the British Red Cross and other organisations has shown, are almost impossible to achieve in 28 days. These include opening a bank account, finding a job and/or applying for mainstream benefits (and receiving the first wages or payment), and finding and moving into new accommodation. Homelessness legislation prescribes 56 days for Local Authorities to support people threatened with homelessness. Yet, despite having additional vulnerabilities, refugees are currently given half this time to find a new place to live.” The costs of destitution: A cost–benefit analysis of extending the move-on period for new refugees. British Red Cross. 2020.

“It is estimated that around 15 percent of the world’s population has a disability. This percentage is likely to be higher in displacement situations. However, persons with a disability are often under-identified at reception, which negatively impacts their access to protection and assistance. Forced displacement disproportionately affects persons with disabilities who are more likely to be left behind or abandoned. They are often at higher risk of violence, exploitation and abuse, face barriers to access basic services, and are often excluded from education and livelihood opportunities.” UNHCR’s approach to persons with disabilities in displacement. UNHCR. 2019.

#refugee #asylum #asylum seeker

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toldnews-blog · 6 years ago

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New Post has been published on https://toldnews.com/world/spain-election-polls-due-to-open-for-closely-fought-contest/

Spain election: Polls due to open for closely-fought contest

IMMIGRATION

– Responsible immigration policies. Immigration should be legal, orderly and linked to work contracts and the wish to integrate and respect the customs of the nation. – Statute of temporary protection for Venezuelans, granting them temporary residency, freedom of movement and work permits. – Special plan to combat illegal immigration. – Support the work of social services in the care given to refugees who have fled dictatorships, wars or religious persecution. – Integration of legal migrants and advance policies which guarantee that second generations feel like full Spanish citizens. – Enable the recruitment of migrants in their own country.

– Access to Spanish citizenship by residency must be seen as a result of a process of integration of foreigners in Spain. – Prioritise countries in America and Africa for closer co-operation – Put in place a “state pact for safe, orderly and regular immigration”. – Promote the common European asylum and immigration policy. – Promote full integration and equal opportunities for so-called second generations, paying special attention to education. – Reinforce a fair border policy.

– Establish legal and safe entry routes into Spain and guarantee the civil rights of migrants. – Make the process of family reunification, humanitarian visas and new visa programmes more flexible, such as job searches. – Reinforce the Maritime Rescue Service, which will remain as a public and civil service and whose sole function will be the safeguarding of life at sea. – Shut detention centres for foreigners (CIE). – Build a country without racism. – Promote a new asylum law that includes those who have to flee their homes because of environmental issues. – Guarantee that unaccompanied foreign minors receive treatment according to the Convention on the Rights of the Child.

– Set up a “points-based” immigration system to attract the best foreign talent. – Pursue mafia organisations that profit at the expense of the lives and safety of migrants. – Protect the officers of the state security forces that monitor our borders. – Increase resources for the state security forces dealing with irregular migration, reinforcing effective and non-aggressive action.

– Deport illegal migrants to their countries of origin. – Deport migrants who are legally in Spanish territory but who have committed minor offences or serious crimes. – Strengthen our borders. Build an insurmountable wall in Ceuta and Melilla (Spanish cities on the African continent bordering Morocco). – End the attraction: any migrant who enters Spain illegally will not be allowed to legalise their situation, ever. – Eliminate the “arraigo” process that allows illegal migrants to stay in Spain under exceptional circumstances. – Raise the levels of language ability, tax contributions and integration as requirements for citizenship.

EQUALITY

– Local offices for Assistance for Pregnant Women so that no woman stops being a mother because of her economic, social or family circumstances. – Improve social protection and support for pregnant young women and young families, temporarily adapting, if necessary, their schooling, so that motherhood does not pose an obstacle. – Reform the penal code to extend the option of permanent remand to cases of murder in which some gender violence is suspected. – Training in equality and the fight against gender violence to be given to all professionals who might come across the issue in their career. – Plan to close the wage gap in Spain. – Encourage more women into the labour market to reach levels similar to the European average.

– End surrogacy (which is currently illegal in Spain). – Reform of the criminal code to ensure that the lack of explicit consent of the victim is key in sexual crimes. If a woman does not say yes, it means no. – Prohibit segregated education in schools supported by public funds. – In schools, promote the prevention of gender violence and respect for sexual diversity. – Reform gender identity law, eliminating the need for medical diagnoses and making it easier for under 16s to change name and sex records. – Allow non-transferable parental leave for both parents. – Implement urgent measures to ensure equal treatment and employment opportunities for women and men.

– Guarantee immediate housing alternatives for women and their children who suffer domestic violence. – Introduce feminism classes. – Equal and non-transferable paternity and maternity leave. – Offer help with assisted reproduction and facilitate access to the latest contraceptive methods, emergency contraception and voluntary terminations for all women. – Legal protection of trans people and the right to self-determination of gender identity and expression. – Establish equality in local authorities. – Launch a plan to fight domestic violence, with an annual allocation of €600m ($675m).

– End male-preference in the royal line of succession. – Protect marriage between LGTBI people and include the right to non-discrimination based on sexual orientation. – Approve a surrogacy law so that women who cannot conceive and LGTBI families can fulfill their dream of forming a family. – Expand maternity and paternity leave to up to 16 weeks for each parent. – Combat intolerance and hate speech, including on social networks. – Promote a greater presence of women in visible positions of responsibility, guaranteeing an equality balance in public office.

– Protection of life from conception to natural death. – Elimination of quotas (by sex or for any other reason) in electoral lists. – Repeal gender violence law and any rule that discriminates against a person’s sex. Instead, enact a law of intra-family violence that protects the elderly, men, women and children alike. Suppression of subsidised “radical feminist” organisations, effective prosecution of false allegations. – Extension of maternity leave to 180 days that would be extended to one year in the case of children with disabilities.

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maritimemanual · 5 years ago

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IMO Says Africa Moves Towards A Sustainable Maritime Future

On 5 June in Oslo,Norway, a wide-range of discussion during the “Africa@Nor-Shipping” event explored a host of topics that related to unlocking the full potential of Africa’s blue economy. Three separate expert panels addressed competition among different maritime sectors, ocean governance and the importance of complying with international regulatory regimes, particularly IMO’s ship safety, maritime security and environment rules.

Much discussion along with photos centred around viewing challenges as chances to grow, and the need to learn lessons from the past. The main aim was to ensure African ownership and participation. Speakers from IMO outlined the organisation’s own extensive involvement in helping build institutional and technical capacity in Africa at the national and regional level. IMO is strongly aligned with a range of pan-African initiatives such as the 2050 African Integrated Maritime Strategy.

The need to turn adversity into opportunity was a recurrent theme. One panellist referred to the billions of dollars currently lost to illegal, unreported and unregulated fishing and the enormous potential those sums held for positive impacts – if they could be recovered or diverted. Discussion on law enforcement, security and regulatory compliance continually highlighted the vital need for a collaborative and holistic approach at national level. Different government departments and agencies with a stake in such areas must coordinate and communicate with each other. Countering a tendency for “thinking in silos” has been a cornerstone of IMO’s engagement in Africa for many years.

Looking ahead, panelists agreed that future maritime development in Africa must be sustainable – clearly spelled out as development that would continue to benefit future generations. Linkages to the Sustainable Development Goals were not just desirable but necessary. One speaker talked of the need to avoid “institutional paralysis”. In this context, IMO outlined how it can help governments throughout the continent to galvanise, enhance and mobilise their resources to achieve sustainable development.

Participants were reminded that 38 of 54 African countries are coastal States – and more than 90% of Africa’s imports and exports are transported by sea: Africa’s future depends on healthy oceans and a sustainable blue economy. There was also a call for the African Union, which took part in the event, to take leadership in efforts to bring about this vision of a sustainable blue economy.

In keeping with this year’s World Maritime Day theme, the final panel featured a lively discussion on the importance of promoting gender equality in Africa’s maritime sector. Mindsets are changing, panellists reported, but not quickly enough. Gender stereotypes built up over generations need to be broken down if the full potential of Africa’s blue economy is to be realised.

The panels were moderated by JJ Shiundu, who heads IMO’s Technical Cooperation division.

Reference: imo.org

from WordPress https://www.maritimemanual.com/imo-says-africa-moves-towards-a-sustainable-maritime-future/

#Maritime News

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guitarpanda8 · 6 years ago

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Insights Daily Current Affairs + PIB: 13 April 2019

<![CDATA[ .Cm_Insightonias_TopHeader_AR width: 300px; height: 250px; @media (min-width:300px) .Cm_Insightonias_TopHeader_AR width: 300px; height: 250px; @media (min-width:480px) .Cm_Insightonias_TopHeader_AR width: 468px; height: 60px; @media (min-width:730px) .Cm_Insightonias_TopHeader_AR width: 728px; height: 90px; ]]>

Insights Daily Current Affairs + PIB: 13 April 2019

Relevant articles from various News Papers:

Paper 3:

Topics Covered:

Energy and pollution related issues.

India stares at pile of solar e-waste

What to study?

For Prelims: Solar Power potential and technologies used to store solar power and waste generated therein.

For Mains: Solar e- waste- extent, concerns, effects and measures needed.

Context: By 2050, India will likely stare at a pile of a new category of electronic waste, namely solar e-waste. India’s PV (photovoltaic) waste volume is estimated to grow to 200,000 tonnes by 2030 and around 1.8 million tonnes by 2050.

What’s missing?

Currently, India’s e-waste rules have no laws mandating solar cell manufacturers to recycle or dispose waste from this sector.

India is poorly positioned to handle PV waste as it doesn’t yet have policy guidelines on the same.

A lack of a policy framework is coupled with the fact that even basic recycling facilities for laminated glass and e-waste are unavailable. Despite the e-waste regulation being in place for over seven years, only less than 4% of estimated e-waste is recycled in the organised sector as per the latest estimates from the Central Pollution Control Board.

What constitutes Solar e- waste and concerns associated?

Solar modules use potentially hazardous materials, including lead compounds, polymers and cadmium compounds. If disposed of in an inappropriate way, potential leaching of those hazardous materials can have negative environmental and health impacts.

For instance, leaching of lead has huge environmental impact including loss in biodiversity, decreased growth and reproductive rates in plants and animals, and several other health hazards like adverse impact on kidney function, nervous, immune, reproductive and cardiovascular systems.

Need of the hour:

Specify liability and responsibility of each stakeholder for waste management and treatment.

Mandate module manufacturers to use environmentally sustainable design and materials with end-of-life in mind.

Lay down standards for PV waste collection, treatment and disposal.

Encourage mutual recycling responsibility agreements between module suppliers, project developers and power purchasers.

Undertake regular surveys of recycling facilities to understand technology and capacity levels. Identify investment and technical requirements for dedicated PV recycling facilities with focus on high-value recovery.

Way ahead:

India is among the leading markets for solar cells in the world, buoyed by the government’s commitment to install 100 GW of solar power by 2022. So far, India has installed solar cells for about 28 GW and this has been done largely from imported solar PV cells. Therefore, the time is ripe for the country to put in place a comprehensive policy to address the issues.

Sources: the hindu.

Paper 2:

Topic covered:

India and its neighbourhood- relations.

Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests

Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

China’s BRI

What to study?

For Prelims: Key features of BRI.

For Mains: India’s concerns, ways to address them and global implications of the project.

Context: Malaysia will resume work on the multi-billion dollar East Coast Rail Link (ECRL) after months of negotiations with the China Communications Construction Company (CCCC) and the Chinese government brought the cost down by a third. China is building a deep-sea port on Malaysia’s east coast and the railway is a key link in its Belt and Road Initiative.

What is BRI?

BRI consisting of the land-based belt, ‘Silk Road Economic Belt’, and ‘Maritime Silk Road’, aims to connect the East Asian economic region with the European economic circle and runs across the continents of Asia, Europe and Africa.

BRI is China’s ambitious project announced in 2013. It covers about 65% of the world population, 60% of the world GDP and over 70 countries in six economic corridors.

China is spending almost $1 trillion to revive and renew the overland and maritime trade links between China, Europe, West Asia, and East Africa through construction of modern ports linked to high-speed road and rail corridors.

India’s concerns with BRI:

India argues that the BRI and China-Pakistan Economic Corridor project violates its sovereignty because it passes through the part of the Pakistan-occupied Kashmir that belongs to India.

Debt trap: BRI projects are pushing recipient countries into indebtedness, do not transfer skills or technology and are environmentally unsustainable.

China is planning to extend the CPEC to Afghanistan. Meanwhile, Maldives, Nepal, Myanmar and Sri Lanka are eagerly pursuing potential BRI projects.

Through OBOR, China is countering the strategies of India in North East region and is promoting its greater presence in North East India, part of which China claims as its own territory. This may have a security impact on India.

Tense bilateral relations with China, deep mistrusts and India’s growing concerns over Chinese hegemonic intentions in South Asia and Indo-Pacific region make it practically unlikely that India will ever consider joining this project.

Military deployment: The fact that the Chinese have begun to deploy 30,000 security personnel to protect the projects along the CPEC route makes it an active player in the politics of the Indian sub-continent. Clearly, this is a case of double standards.

Sources: the hindu.

Mains Questions: Why is India not part of the Belt and Road Initiative (BRI)? Does India’s absence matter to China? Critically examine.

Paper 2:

Topics covered:

Statutory, regulatory and various quasi-judicial bodies.

Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

Central Drugs Standard Control Organisation (CDSCO)

What to study?

For Prelims: CDSCO- key facts, about PvPI.

For Mains: Misuse of various drugs and the need for stringent provisions to prevent their misuse.

Context: The Central Drugs Standard Control Organisation (CDSCO) has asked commonly-used antibiotics manufacturers to ensure its details be made available to the general public. This decision was taken considering directives from the National Co-ordination Centre of the Pharmacovigilance Programme of India (PvPI).

What is Pharmacovigilance Programme of India (PvPI)?

The PvPI was started by the Government of India on 14th July 2010 with the AIIMS New Delhi as the National Coordination Centre for monitoring Adverse Drug Reactions (ADRs) in the country for safe-guarding Public Health.

Pharmacovigilance is defined as the science relating to the detection, assessment, understanding and prevention of adverse effects, principally long term and short term adverse effects of medicines. The CDSCO has a nation-wide Pharmacovigilance Programme for protecting the health of the patients by promising drug safety.

The Programme is coordinated by the Indian Pharmacopeia commission, Ghaziabad as a National Coordinating Centre (NCC).

About CDSCO:

The Central Drugs Standard Control Organisation(CDSCO) under Directorate General of Health Services, Ministry of Health & Family Welfare, Government of India is the National Regulatory Authority (NRA) of India.

Functions: Under the Drugs and Cosmetics Act, CDSCO is responsible for approval of New Drugs, Conduct of Clinical Trials, laying down the standards for Drugs, control over the quality of imported Drugs in the country and coordination of the activities of State Drug Control Organizations by providing expert advice with a view of bring about the uniformity in the enforcement of the Drugs and Cosmetics Act.

CDSCO along with state regulators, is jointly responsible for grant of licenses of certain specialized categories of critical Drugs such as blood and blood products, I. V. Fluids, Vaccine and Sera.

Sources: the hindu.

Paper 2:

Topics Covered:

Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

Legislation to strengthen US-India strategic partnership

What to study?

For Prelims and Mains: Key features and significance of the bill, implications if encated, overview of NATO.

Context: US lawmakers introduce new legislation to strengthen US-India strategic partnership- The bill H R 2123.

Implications:

If enacted, the new bill would ensure that the US State Department treats India as a NATO ally for the purposes of the Arms Export Control Act.

The law would send a powerful signal that defence sales to India should be prioritised according to US-India Strategic Partnership Forum, which had worked on this important legislation.

The legislation bolsters national security and helps ensure full alignment between the Department of Defence and the Department of State.

Need:

India is the world’s largest democracy, a pillar of stability in the region and has shown strong commitments to export control policies. This adjustment to US law will further allow the US-India partnership to flourish in line with the US’s security commitment to the Indo-Pacific region.

Background:

The National Defense Authorization Act (NDAA) for fiscal 2017 included special language recognising the unique US-India defence relationship that designated India as a “Major Defence Partner” of the United States. The language seeks unique consideration for trade and technology sharing with India and increased attention and support to advance this relationship in the areas of defence trade and technology sharing.

To fulfil the spirit and intent of the NDAA 2017, the US-India Enhanced Cooperation Act would amend the Arms Export Control Act to put India on par with NATO allies and Israel, South Korea, New Zealand, Australia and Japan.

Sources: bs.

Mains Questions: In the light of designation of India as “Major Defence Partner” by the US, do you think India’s recent behaviour with Pakistan and Afghanistan is upholding regional peace in South Asia? Critically comment.

Facts for Prelims:

Russia’s highest civilian award for PM:

Russia’s highest civilian award – the “Order of the Holy Apostle Andrew the First,” will be awarded to PM Narendra Modi for his work on bilateral ties.

Eligibility: The Order of the Holy Apostle Andrew the First is awarded to prominent government and public figures, prominent representatives of science, culture, art and various sectors of the economy for “exceptional services that contribute to the prosperity, greatness and glory of Russia”.

It was first awarded by former Russian Tsar ‘Peter the Great’ in 1698 and subsequently discontinued. In 1998, former President Boris Yeltsin reinstated the honour by a presidential decree.

Previous recipients include Chinese President Xi Jinping, and presidents of Azerbaijan and Kazakhstan, former Soviet leader Mikhail Gorbachev and author Aleksandr Solzhenitsyn.

New early human species found: Homo luzonensis:

Context: Researchers have unearthed an unknown human species that lived on an island in Philippines some 50,000 years ago– Homo luzonensis.

The newfound species is named Homo luzonensisin honor of Luzon, the island where the mysterious beings lived during the late Pleistocene epoch, more than 50,000 years ago. They were less than four feet tall.

Though luzonensisis short like the hobbit, it shares features with a number of other ancient human relatives.

It has curved foot and finger bones like Australopithecus(a genus that includes the famous Lucy); premolars that have characteristics similar to those seen in Australopithecus, Homo habilis and Homo erectus; and small molars that look like those of modern humans, or Homo sapiens.

India to be Guest of Honour at ADIBF 2019:

Context: India will be the Guest of Honour country at the 2019 Abu Dhabi International Book Fair (ADIBF) to be held during April. The fair aims to highlight the UAE’s rich heritage, and showcase its authenticity, cultural and literary output. This will be the 29th edition of the Abu Dhabi International Book Fair.

Summaries of important Editorials:

Jallianwala Bagh massacre: ‘Deep regret’ is simply not good enough:

Source: https://www.thehindu.com/opinion/op-ed/deep-regret-is-simply-not-good-enough/article26810058.ece.

What happened?

On April 13, 1919, Baisakhi day, following unrest in Amritsar after protests against the Rowlatt Act, Brigadier General (temporary rank) Reginald Dyer took a strike force of 50 rifles and 40 khukri-wielding Gurkhas into an enclosed ground, Jallianwala Bagh, where a peaceful public meeting of 15,000-20,000 was being held.

The firing of 1,650 rounds was deliberate and targeted, using powerful rifles at virtually pointblank range. Eyewitness accounts and information collected by Sewa Samiti, a charity organisation point to much higher numbers. Non-Indian writers place the number killed at anything between 500 to 600, with three times that number wounded.

Post incidence events – More was to follow after the proclamation, two days after the massacre, of Martial Law in Punjab: the infamous crawling order, the salaam order, public floggings, arbitrary arrests, torture and bombing of civilians by airplanes — all under a veil of strictly enforced censorship.

After calls for an investigation, including by liberals in Britain, a Disorders Inquiry Committee, soon to be known by the name of its Chairman, Lord Hunter, was set up.

Recent responses by the Britain:

British Prime Minister Theresa May finally came out with: “We deeply regret what happened and the suffering caused.” However, the country has refused to formally apologise. Britain’s refusal to squarely apologise for the Jallianwala Bagh massacre is expected but disappointing.

What this means?

Deep regret is all we may get instead of the unequivocal apology that is mandated. The expectation could be that time will add more distance to the massacre, making these calls for apology increasingly an academic exercise. The fact remains that there are many ways to heal a festering wound between nations, as Canada’s apology for the Komagata Maru shows; clever drafting is not one of them.

Nine from outside the IAS set to become joint secretaries in government:

Context: In a move that was widely debated inside and outside the government for a year, the Union Public Service Commission (UPSC) has announced the results of nine lateral hires on contract at the level of joint secretary in various departments and ministries. The move is a tipping point and marks a breach in the hegemony of the IAS.

Background:

In 2014, the Centre had mooted the idea of allowing lateral entry from academia and the private sector at the joint-secretary level. Initially 10 such lateral entries were to be selected and had drawn criticism from the serving and retired members of the Indian bureaucracy.

Rationale behind this move:

The recruitments have been done in a bid to infuse domain expertise in key government departments and is aimed at bringing in specialized talent in various government departments, contributing to better governance.

Why this is a good move?

Earlier experiences showed good results: Lateral entry has been used in the past to harness top talent from outside the civil services. Mr. Manmohan Singh, Nandan Nilekani, Ahluwalia etc served at various positions in the government and have showed promising results on ground.

Helps in getting private sector expertise: Various private sector experts have also been appointed as officers on special duty, ranked between under-secretary and secretary, to ministers. Institutionalising lateral entry, thus, makes it easier for the country to benefit from private sector/non-UPSC talent.

Deals with vacancy issue as well: The move will also address the drying up of the talent pool at the top level as there is an overall shortfall of about 20% in just IAS officers in 24 state cadres. The 2016 BS Baswan committee report pointed out that many large states suffer from a pronounced deficit of IAS officers, leading to their reluctance to depute officers for central posting.

Lateral entry will also address many structural problems the present system suffers from: The seniority criteria in promotions has meant many talented lower ranked officers take a long time to get appointed to posts where their skills could have significant impact in the immediate run.

Focuses on merit: While the education threshold for eligibility in the current notification is set at the graduate-degree level, higher qualifications will be an advantage. The call is for outstanding individuals with expertise in the relevant fields.

Specialists: The move could be a significant step towards fulfilling the longstanding need for domain specialists in positions crucial to policy-making and implementation of government schemes. Specialists coming from outside are likely to bring fresh ideas and help improve outcomes.

The idea is criticized due to the following reasons:

Lateral entry system is a disruption as there is a risk that due process might not be followed and ill-qualified, political appointees will land up in senior positions of the government and hurt public interest.

Lateral entry does open the risk and prospect of powerful corporate groups placing their men in key positions of government.

Also people who are recruited in this way might lack ground experience and also have little idea about the administrative leviathan.

Mains Questions: Lateral entry in government at Joint Secretary level comes not a day too soon. Critically analyze.

Source: https://www.insightsonindia.com/2019/04/13/insights-daily-current-affairs-pib-13-april-2019/

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benbright-blog1 · 7 years ago

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Agenda and Speakers announced for debut Africa Blue Economy Forum 2018

Participants will include Captain Peter Hammarstedt, Chairman, Sea Shepherd Australia and Dr Kamal-Deen Ali, Executive Director, Centre for Maritime Law and Security Africa

The Africa Blue Economy Forum (ABEF) (www.ABEF2018.com) 2018 has announced the final agenda and confirmed speakers for its first edition, in London on 7-8 June.

The Forum will bring together government ministers, business…

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rightsinexile · 6 years ago

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Migrants calling in distress from the Mediterranean returned to Libya by deadly refoulement industry

The author of the following piece is Maurice Stierl, a Leverhulme Fellow at the University of Warwick whose research focuses on migration and border struggles in contemporary Europe, and in particular emerging forms of EU border governance in the Mediterranean Sea. This short piece was first published on 7 February 2019 in The Conversation, an independent source of news that relies on academic writings; it is republished here under a Creative Commons license.

When they called us from the sea, the 106 precarious travellers referred to their boat as a white balloon. This balloon, or rubber dinghy, was meant to carry them all the way to safety in Europe. The people on board – many men, about 20 women, and 12 children from central, west and north Africa – had left Khoms in Libya a day earlier, on the evening of January 19.

Though they survived the night at sea, many of passengers on the boat were unwell, seasick and freezing. They decided to call for help and used their satellite phone at approximately 11am the next day. They reached out to the Alarm Phone, a hotline operated by international activists situated in Europe and Africa, that can be called by migrants in distress at sea. Alongside my work as a researcher on migration and borders, I am also a member of this activist network, and on that day I supported our shift team who received and documented the direct calls from the people on the boat in distress.

The boat had been trying to get as far away as possible from the Libyan coast. Only then would the passengers stand a chance of escaping Libya’s coastguard. The European Union and Italy struck a deal in 2017 to train the Libyan coastguard in return for them stopping migrants reaching European shores. But a 2017 report by Amnesty International highlighted how the Libyan authorities operate in collusion with smuggling networks. Time and again, media reports suggest they have drastically violated the human rights of escaping migrants as well as the laws of the sea.

The migrant travellers knew that if they were detected and caught, they would be abducted back to Libya, or illegally “refouled”. But Libya is a dangerous place for migrants in transit – as well as for Libyan nationals – given the ongoing civil conflict between several warring factions. In all likelihood, being sent back to Libya would mean being sent to detention centres described as “concentration-camp like” by German diplomats.

The odds of reaching Europe were stacked against the people on the boat. Over the past year, the European-Libyan collaboration in containing migrants in North Africa, a research focus of mine, has resulted in a decrease of sea arrivals in Italy – from about 119,000 in 2017 to 23,000 in 2018. Precisely how many people were intercepted by the Libyan coastguards last year is unclear but the Libyan authorities have put the figure at around 15,000. The fact that this refoulement industry has led to a decrease in the number of migrant crossings in the central Mediterranean means that fewer people have been able to escape grave human rights violations and reach a place of safety.

Shifting responsibility

In repeated conversations, the 106 people on the boat made clear to the Alarm Phone activists that they would rather move on and endanger their lives by continuing to Europe than be returned by the Libyan coastguards. The activists stayed in touch with them, and for transparency reasons, the distress situation was made public via Twitter.

Around noon, the situation on board deteriorated markedly and anxiety spread. With weather conditions worsening and after a boy had fallen unconscious, the people on the boat expressed for the first time their immediate fear of dying at sea and demanded Alarm Phone to alert all available authorities.

The activists swiftly notified the Italian coastguards. But both the Italian Maritime Rescue Coordination Centre, and in turn the Maltese authorities, suggested it was the Libyan coastguard’s responsibility to handle the distress call. And yet, eight different phone numbers of the Libyan coastguards could not be reached by the activists.

In the afternoon, the situation had come across the radar of the Italian media. When the Alarm Phone activists informed the people on board that the public had also been made aware of the situation by the media one person succinctly responded: “I don’t need to be on the news, I need to be rescued.”

And yet media attention catapulted the story into the highest political spheres in Italy. According to a report in the Italian national newspaper Corriere della Sera, the prime minister, Giuseppe Conte, took charge of the situation, stating that the fate of the migrant boat could not be left to Alarm Phone activists. Conte instructed the Italian foreign intelligence service to launch rapid negotiations with the Libyan coastguards. It took some time to persuade them, but eventually, the Libyans were convinced to take action.

In the meantime, the precarious passengers on the boat reported of water leaking into their boat, of the freezing cold, and their fear of drowning. The last time the Alarm Phone reached them, around 8pm, they could see a plane in the distance but were unable to forward their GPS coordinates to the Alarm Phone due to the failing battery of their satellite phone.

Sent back to Libya

About three hours later, the Italian coastguards issued a press release: the Libyans had assumed responsibility and co-ordinated the rescue of several boats. According to the press release, a merchant vessel had rescued the boat and the 106 people would be returned to Libya.

According to the survivors and Médecins Sans Frontières who treated them on arrival, at least six people appeared to have drowned during the voyage – presumably after the Alarm Phone lost contact with them. Another boy died after disembarkation.

A day later, on January 21, members of a second group of 144 people called the Alarm Phone from another merchant vessel. Just like the first group, they had been refouled to Libya, but they were still on board. Some still believed that they would be brought to Europe.

Speaking on the phone with the activists, they could see land but it was not European but Libyan land. Recognising they’d been returned to their place of torment, they panicked, cried and threatened collective suicide. The women were separated from the men – Alarm Phone activists could hear them shout in the background. In the evening, contact with this second group of migrants was lost.

During the evening of January 23, several of the women of the group reached out to the activists. They said that during the night, Libyan security forces boarded the merchant vessel and transported small groups into the harbour of Misrata, where they were taken to a detention centre. They said they’d been beaten when refusing to disembark. One of them, bleeding, feared that she had already lost her unborn child.

On the next day, the situation worsened further. The women told the activists that Libyan forces entered their cell in the morning, pointing guns at them, after some of the imprisoned had tried to escape. Reportedly, every man was beaten. The pictures they sent to the Alarm Phone made it into Italian news, showing unhygienic conditions, overcrowded cells, and bodies with torture marks.

Just like the 106 travellers on the “white balloon”, this second group of 144 people had risked their lives but were now back in their hell.

Profiteering

It’s more than likely that for some of these migrant travellers, this was not their first attempt to escape Libya. The tens of thousands captured at sea and returned over the past years have found themselves entangled in the European-Libyan refoulement “industry”. Due to European promises of financial support or border technologies, regimes with often questionable human rights records have wilfully taken on the role as Europe’s frontier guards. In the Mediterranean, the Libyan coastguards are left to do the dirty work while European agencies – such as Frontex, Eunavfor Med as well as the Italian and Maltese coastguards – have withdrawn from the most contentious and deadly areas of the sea.

It’s sadly not surprising that flagrant human rights violations have become the norm rather than the exception. Quite cynically, several factions of the Libyan coastguards have profited not merely from Europe’s financial support but also from playing a “double game” in which they continue to be involved in human smuggling while, disguised as coastguards, clampdown on the trade of rival smuggling networks. This means that the Libyan coastguards profit often from both letting migrant boats leave and from subsequently recapturing them.

The detention camps in Libya, where torture and rape are everyday phenomena, are not merely containment zones of captured migrants – they form crucial extortion zones in this refoulement industry. Migrants are turned into “cash cows” and are repeatedly subjected to violent forms of extortion, often forced to call relatives at home and beg for their ransom.

Despite this systematic abuse, migrant voices cannot be completely drowned out. They continue to appear, rebelliously, from detention and even from the middle of the sea, reminding us all about Europe’s complicity in the production of their suffering.

#refugees #mediterranean #dangerous crossings #refoulement

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derechointernacionalpublico · 7 years ago

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Recueil des cours, Collected Courses, Tome 386

International Law relating to Islands, by S. D. Murphy, Professor at the George Washington University; La mise en oeuvre des décisions des tribunaux internationaux dans l’ordre interne, par G. Cataldi, professeur à l’université de NaplesMurphy/Cataldi.

Biographical note

Co-publication with: The Hague Academy of International Law.

Sean David Murphy, born 14 October 1960 at Washington, DC (USA). Studied at the Columbia University School of Law (1982-1985), the University of Cambridge (1986-1987), and the University of Virginia School of Law (1993-1995), receiving J.D., LL.M., and S.J.D. degrees respectively. Member, United Nations International Law Commission (since 2012); Special Rapporteur for Crimes against Humanity (since 2014). Patricia Roberts Harris Research Professor, George Washington University Law School (since 1998); Visiting Professor at University of Göttingen (2008), Université de Paris X (Ouest–Nanterre La Défense) (2014), and University of Melbourne (2015) ; Lecturer, United Nations Regional Courses in International Law (for Africa, Arab States, and Asia-Pacific) (since 2015). Law clerk, US District Court, Washington, DC (1985-1986); Attorney-Adviser, Office of the Legal Adviser, US Department of State (1987-1995); Legal Counselor, US Embassy, The Hague, Netherlands (1995-1998); US Agent to the Iran-United States Claims Tribunal (1995-1998). President-elect, American Society of International Law (for 2018-2020) ; Vice-President (2016-2017) ; Counselor (2014-2015); Board of Editors, American Journal of International Law (2000-2010); Board of Editors, Journal of National Security Law & Policy (2010-2015); Member, American Law Institute (since 2012); Adviser, Restatement (Fourth) of the Foreign Relations Law of the United States (since 2012); Member, US Department of State Advisory Committee on International Law (1999-2016); Member, American Branch, International Law Association (since 2012); Member, American Bar Association (ABA) and ABA Section of International Law (since 1998). Recipient of: American Journal of International Law Francis Deák Prize for Outstanding Scholarship by a Younger Author (1995); US Department of State Superior Honor Awards (1989 and 1998); American Society of International Law Certificates of Merit for Preeminent contribution to Creative Scholarship (1997) and for High Technical Craftsmanship (2003). Counsel before the International Court of Justice: for the United States in Elettronica Sicula S.p.A. (ELSI) (United States v. Italy), Aerial Incident of 3 July 1988 (Iran v. United States) (settled), Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libya v. United States), Oil Platforms (Iran v. United States); for Macedonia in Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece); for Kosovo in Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo ; for Uganda in Armed Activities on the Territory of the Congo (DRC v. Uganda). Associate Member, Matrix Chambers, London, United Kingdom (since 2015).

Giuseppe Cataldi, né le 13 juin 1958 à Pérouse (Italie). Licencié en droit cum laude de l’Université de Naples « Federico II » (1981). Chercheur en droit international à l’Université de Naples « Federico II » (1984-1994). Professeur de droit international à l’Université de Naples « L’Orientale » (depuis 1994). Directeur du département des sciences humaines et sociales (2002-2005). Vice-président de l’université (2008-2014). Chargé d’un module « Jean Monnet » (2002-2006), d’une chaire « Jean Monnet » (2006-2012) et d’une Chaire « Jean Monnet » ad personam (2012-2016) de l’Union européenne sur la « Protection des droits de l’homme en Europe ». Directeur du « Centre d’excellence Jean Monnet sur les droits des migrants dans la Méditerranée » (depuis 2014). Membre du conseil scientifique du doctorat en « Etudes internationales » (depuis 2012). Responsable du siège de Naples de l’Institut sur les études juridiques internationales (ISGI) du CNR (Conseil national des recherches) (2004-2014). Directeur des cours de préparation au concours pour la carrière diplomatique de la SIOI (Société italienne pour l’organisation internationale) – siège de Naples (1998-2012). Membre du Groupe d’experts sur la « gouvernance de la mer Méditerranée » nommé par l’Union internationale pour la conservation de la nature (2008-2014). Membre du conseil scientifique du « Centre interuniversitaire sur les droits de l’homme, étrangers, immigration » (CIRDUIS, depuis 2010). Membre de la délégation italienne à la vingt-et-unième session du Comité du patrimoine mondial de l’UNESCO (1997). Membre de la délégation de la Commission européenne et rapporteur à la Conférence diplomatique de Crète sur la pêche en Méditerranée (1994). Membre de l’ONG « FREE » (Fundamental Rights European Experts) groupe (depuis 2014). Professeur invité à l’Université d’Alexandrie (1995-1996), de Paris 1 Panthéon-Sorbonne (2004), de Cordoba (2006). Président de l’« Assidmer » (Association internationale du droit de la mer, depuis 2011). Membre de la Société italienne de droit international (vice-président, 2012-2013). Membre de la Société française de droit international. Membre du Sénat d’EMUNI (université Euro-Méditerranéenne, depuis 2013). Cofondateur et codirecteur de la revue Diritti umani e diritto internazionale, codirecteur de The Italian Yearbook of International Law.

Table of contents

International Law relating to Islands, by S. D. Murphy, Professor at the George Washington University Excerpt from Table of Contents: Chapter I. Introduction Chapter II. Selected contemporary disputes concerning islands A. North Atlantic Ocean, Mediterranean Sea, and Caribbean Sea B. South Atlantic Ocean C. Southern Ocean D. Indian Ocean E. Pacific Ocean F. Conclusion Chapter III. Definition of an “island” A. Low-tide elevations B. Islands C. Islands that are “rocks” Chapter IV. Methods for acquiring sovereignty over an island A. General points B. Title by discovery and occupation of terra nullius C. Title by international agreement between States D. Title by State succession E. Title by military conquest F. Title by continuous and peaceful display of sovereignty G. Relevance of proximity/contiguity of the island to other features H. Relevance of maps I. Alternative approaches J. Conclusion Chapter V. Islands within boundary rivers or lakes A. General points B. Islands in boundary rivers C. Islands in boundary lakes D. Conclusion Chapter VI. Islands in relation to maritime zones A. Baselines and internal waters of a mainland in relation to nearby islands or low-tide elevations B. Baselines and internal waters of an island not part of a fringe of islands along a mainland C. Islands and the territorial sea D. Islands and the contiguous zone E. Islands and the exclusive economic zone F. Islands and the continental shelf G. Archipelagos H. Islands and historic titles, bays and rights I. Conclusion Chapter VII. Effects of islands on maritime boundary delimitation A. Rules, principles or methods on delimitation of maritime zones generally B. Rules, principles or methods relating to islands when delimiting maritime zones C. Rights and obligations pending resolution of overlapping claims D. Conclusion Chapter VIII. Changes in islands over time A. Ways that islands can change over time B. Legal consequences of changes over time C. Conclusion Chapter IX. Pacific settlement of island disputes A. Overview of LOS Convention dispute settlement B. Islands and negotiation C. Islands and mediation D. Islands and conciliation E. Islands and arbitration F. Islands and judicial settlement G. Commission on the Limits of the Continental Shelf H. Conclusion Chapter X. General conclusions BibliographyLa mise en oeuvre des décisions des tribunaux internationaux dans l’ordre interne, par G. Cataldi, professeur à l’université de Naples. Table des matières Introduction générale Chapitre I. Les arrêts de la Cour internationale de Justice dans l’ordre interne 1. Introduction 2. L’encadrement de l’exécution des arrêts de la Cour internationale de Justice (CIJ) dans la question plus générale du règlement des différends entre les parties 3. Les arrêts qui ne demandent pas à être mis en oeuvre et les arrêts qui ne demandent aucune action particulière pour leur exécution 4. Le recours aux juges internes pour l’exécution des arrêts de la CIJ 5. Le recours aux cours des Etats-Unis pour l’exécution des arrêts et ordonnances rendus par la CIJ relativement au droit prévu à l’article 36, paragraphe 1, alinéa b) de la Convention de Vienne du 24 avril 1963 sur les relations consulaires ; l’affaire Breard 6. L’affaire LaGrand 7. L’affaire Avena 8. La mise en oeuvre des décisions de la CIJ et l’articulation interne des compétences de l’Etat 9. Considérations sur la pratique examinée. Le principe de la « présomption positive » ou « négative » relative à l’exécution des décisions de la CIJ 10. L’exécution en Belgique de l’arrêt de la CIJ du 14 février 2002 dans l’affaire du Mandat d’arrêt du 11 avril 2000 (République démocratique du Congo c. Belgique) 11. L’exécution en Italie de l’arrêt de la CIJ du 3 février 2012 dans l’affaire des Immunités juridictionnelles de l’Etat (Allemagne c. Italie ; Grèce (intervenant)). L’arrêt de la Cour constitutionnelle no 248 du 22 octobre 2014 : la théorie des « contre-limites » 12. Le principe de la « présomption positive » dans les décisions des tribunaux arbitraux internationaux 13. Conclusions : l’exécution des arrêts de la CIJ dépend de la manière d’être de chaque ordre interne Chapitre II. Les systèmes renforcés pour l’exécution des arrêts internationaux Section A. Des exemples offerts par la pratique internationale 1. Introduction : les tribunaux arbitraux mixtes institués après la Première Guerre mondiale ; les « commissions de conciliation » mises en place après la Seconde Guerre mondiale ; le régime établi par la Convention pour la canalisation de la Moselle 2. Le Tribunal arbitral Iran-Etats-Unis 3. Les décisions du CIRDI (Centre international pour le règlement des différends relatifs aux investissements) 4. Les décisions de la « Chambre pour le règlement des différends relatifs aux fonds marins » Section B. Les décisions de la Cour européenne des droits de l’homme dans l’ordre interne 1. Introduction 2. La Convention dans l’ordre interne des Parties contractantes 3. Les effets des décisions de la Cour de Strasbourg. L’effet de « chose jugée » et l’effet de « chose interprétée » 4. Les obligations découlant de l’article 46 de la Convention 5. La pratique en matière d’exécution des décisions : les arrêts « pilotes » 6. Les mesures individuelles 7. La « satisfaction équitable » prévue à l’article 41 8. L’exécution des ordonnances de la Cour 9. Conclusions Bibliographie générale

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https://www.dipublico.org/108229/recueil-des-cours-collected-courses-tome-386/

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hudsonespie · 5 years ago

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IMO: Africa Moves Towards A Sustainable Maritime Future

A wide-ranging discussion during the “Africa@Nor-Shipping” event in Oslo, Norway (5 June) explored a host of topics related to unlocking the full potential of Africa’s blue economy. Three separate expert panels addressed competition among different maritime sectors, ocean governance and the importance of complying with international regulatory regimes, particularly IMO’s ship safety, maritime security and environment rules.

Image Credit: imo.org

Much discussion (photos) centred around viewing challenges as chances to grow, and the need to learn lessons from the past. Ensuring African ownership and participation was highlighted as a key aim. Speakers from IMO outlined the organisation’s own extensive involvement in helping build institutional and technical capacity in Africa at the national and regional level. IMO is strongly aligned with a range of pan-African initiatives such as the 2050 African Integrated Maritime Strategy.

The panels were moderated by JJ Shiundu, who heads IMO’s Technical Cooperation division.

Reference: imo.org

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toldnews-blog · 6 years ago

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New Post has been published on https://toldnews.com/world/spanish-socialists-battle-right-wing-surge/

Spanish Socialists battle right-wing surge

Image copyright AFP / Getty Images

Image caption Leading players: Pedro Sánchez, Pablo Casado, Albert Rivera, Pablo Iglesias, Santiago Abascal

Spain holds its third general election in four years on Sunday, in a battle between the established parties, Catalan and Basque nationalists, and a rising far right.

This time, however, the electoral game has changed.

Support for the previous winner, the conservative People’s Party (PP), has collapsed amid a corruption scandal. Its main opponent, the Socialist party, has climbed to the top of the polls after taking over the prime minister’s job last year.

Podemos on the left and Ciudadanos (Citizens) on the right are seeing their support fall, amid a boom for the controversial far-right Vox party.

The last pre-election polls suggested that up to four in 10 voters had yet to make up their minds.

What are the possible outcomes?

Opinion polls may not tell the full story, particularly with so many undecided voters. But potential outcomes for a government include:

Socialists, left-wing Podemos, plus small nationalist parties

Centre-right PP, liberal Ciudadanos and far-right Vox

Socialists and Ciudadanos

But there is a problem with each of these combinations.

The Socialist and Podemos alliance of Prime Minister Pedro Sánchez’s existing government needed the Basque and Catalan nationalists to support it. In the national televised debates ahead of polling day, his alliance with Catalan nationalists was used as a key weapon against him – with his opponents claiming he was linked to “enemies of Spain” and wanted to “liquidate” the country.

Image copyright Reuters

Image caption Vox was banned from taking part in the televised debate ahead of polling day

The Catalan pro-independence parties were partly responsible for the government’s collapse when they pulled their support in February; and the crisis over the failed Catalan independence bid has made the separatists hugely unpopular in much of Spain – making negotiations with them tricky.

Any Popular Party coalition with Ciudadanos would probably need the support of Vox.

As the campaign came to a close, PP leader Pablo Casado appeared to open the door to a coalition with Vox. If between them they had enough seats, why would they want to block a coalition, he said, aware that many former PP voters planned to switch to Vox.

But Ciudadanos voters are largely opposed to entering government with Vox. Vox was prevented from taking part in the debates by the country’s electoral commission.

Ciudadanos has also publicly said it will not form a coalition with the Socialists, and leader Albert Rivera has bitterly criticised the Socialist leader over Catalonia. During the election debates, Mr Sánchez said he had no plans to join with a party that had placed a “cordon sanitaire” around the Socialists.

What are the issues?

The Catalan crisis and the rise of Vox have changed the debate in Spanish politics.

“This is not an election about the economy – a different situation from what we have seen in more than 20 years,” says Juan Rodríguez Teruel, professor of political science at the University of Valencia.

Despite widespread concerns about unemployment – which remains high in Spain compared with its European neighbours – it barely featured during the campaign and was raised during the debates only briefly.

IMMIGRATION

ECONOMY

EQUALITY

CATALONIA

IMMIGRATION ECONOMY EQUALITY CATALONIA

IMMIGRATION

EQUALITY

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“The campaign is going to remain around identity issues, and particularly around the Catalan issue… it seems that the economy is not, any more, the completely fundamental issue,” says Prof Teruel.

Before the election, Mr Sánchez had been negotiating with Catalan parties to support his budget. But those talks broke down amid a public backlash over the meeting, partly stoked by Vox’s fervent opposition to any concessions on independence.

Image copyright Reuters

Image caption As campaigning came to an end Pedro Sánchez accused his opponents of embracing the far right

Despite his political problems, support for the Socialists has risen during their time in government – at the expense of coalition partner Podemos.

Meanwhile, support for its tradition rival, the PP, plummeted in the wake of the corruption scandal that brought down previous leader Mariano Rajoy – leaving plenty of votes to fight for among a fragmented right.

Why is Vox doing well?

The nationalist party has set itself up in firm opposition to the separatists, despite Spain’s dark history with the far right under dictator Francisco Franco.

“The rise of Vox is clearly an earthquake in Spanish politics,” says Bonnie N Field, professor of political science at Bentley University – while warning against “exaggerating” the party’s success.

Opinion polls suggest it has around 11% support, while its leader Santiago Abascal has the lowest opinion rating of any party leader.

Image copyright AFP

Image caption Vox’s leader Santiago Abascal is the least popular leader – but polls well among his own voters

Nonetheless, she says “Spain has gone from what political scientists Sonia Alonso and Cristóbal Rovira called ‘no country for the populist radical right’ to one where the far right could support – or less likely, join – a right-wing government”.

Such an arrangement is precisely what happened in the regional government of Andalusia – where the PP, Ciudadanos, and Vox formed a right-wing regional government earlier this year for the first time in 36 years.

Spanish far right strikes landmark deal

Rise of nationalists vowing to ‘make Spain great again’

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Media captionActivists say rage over Spain’s ‘wolf pack’ case has ignited a feminist revolution

“If the right is in reach of a majority after the general elections, something similar may occur,” Prof Field says.

For Prof Manuel Arias Maldonado of the university of Malaga, Vox’s success is partly down to its awareness of history, and “adopting a low profile”.

“It should be noted that they do not display openly any Francoist imagery,” he said. “They are not making gross mistakes.”

“The big question [about the elections] is how strong will Vox be. There is the feeling that they could surpass expectations, despite the polls.

“But the main reason why Vox exists is Catalonia: it is a reaction to the unilateral secession attempt… that is where their strength comes from.”

Could the right really win?

A three-party coalition of the right is not out of the question.

But Prof Teruel warns that the surge for Vox is coming at the expense of other right-leaning parties – the PP or Ciudadanos. And for the first time since the 1970s, the right is “very fragmented” – something that could benefit opponents on the left.

“The main reason now to vote for the left-wing electorate is to avoid the potential coalition among right-wing parties,” Prof Teruel says.

Ciudadanos, meanwhile, could feasibly support a coalition with the Socialists, despite publicly dismissing the idea.

“I’m not sure they could keep this position if the numbers give the potential of a coalition,” Prof Teruel says.

“The pressure on Ciudadanos will be very, very high.”

Spain’s El País newspaper, publishing its final analysis of all the polls before the vote, concluded that the chances of a three-party right-leaning government was about 10%; far lower than any combination involving the Socialists.

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wkirtley · 7 years ago

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International Arbitration &amp;amp;amp; International Arbitration Attorney Network

New Post has been published on https://www.international-arbitration-attorney.com/?p=127378

Christopher Chinn - Chinn Arbitration

Christopher Chinn, International Arbitration Attorney Network

International Disputes Lawyer

Attorney at Law Admitted to the New York Bar

Admitted as a Solicitor of England and Wales

Admitted to the Paris Bar

Mr. Chinn is an independent international disputes lawyer based in Paris, France. He acts on behalf of clients to successfully resolve a broad range of disputes, including construction and engineering matters under FIDIC forms of contract, disputes arising out of shareholder and partnership agreements, and investor-state claims.

Mr. Chinn has also represented clients before U.S. courts in antitrust, False Claims Act, white collar crime and general commercial litigation matters, and has participated in the defense of clients in the context of US, French, and international regulatory investigations. He has experience in a variety of industries including hospitality, construction, transport, manufacturing, renewable energy, telecommunications, pharmaceuticals, and medical information technology.

His experience as counsel and legal advisor has included international arbitrations administered by or under the rules of the ICC International Court of Arbitration, the Cairo Regional Centre for International Commercial Arbitration (CRCICA), the Singapore International Arbitration Centre (SIAC), the London Maritime Arbitrators Association (LMAA), the United Nations Commission on International Trade Law (UNCITRAL) and the International Centre for Settlement of Investment Disputes (ICSID).

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CHINN ARBITRATION, Paris, France (June 2017-present)

Mr. Chinn represents corporate clients in international contentious and pre-contentious matters. His recent assignments have included acting as counsel in a SIAC arbitration seated in Singapore, acting as a legal advisor in an international fraud case before the French courts, and acting as a legal advisor in a share purchase dispute in West Africa subject to English law.

MAYER BROWN, Paris, France (July 2014–June 2017)

Mr. Chinn acted as counsel in ICC, SIAC, LMAA, and Ad Hoc commercial and construction arbitrations involving MENA and West African state entities, and seated in Switzerland, Paris, Singapore and London. He drafted memorials and prepared expert and fact witness hearings in English and French. He also prepared advisory memoranda for investors on their claims in ICSID and NAFTA arbitrations, including under the Energy Charter Treaty, and obtained a significant FIDIC dispute board decision in favor of his client on a landmark project in West Africa. Mr. Chinn aided in preparing a successful defense in the largest tax fraud criminal trial in France, and in preparing a defense strategy in response to an investigation by an international regulatory body.

HAFEZ, Paris, France (November 2011–February 2014)

Mr. Chinn acted as counsel in ICC, CRCICA and Ad Hoc commercial and construction arbitrations, including in hotel management and shareholder disputes. He helped prepare the largest delay and disruption claim (FIDIC based contract) before CRCICA, and conducted U.S.-style discovery in a construction arbitration involving U.S. government works in Afghanistan.

BAKER & MCKENZIE, New York, USA (April 2006–February 2011)

Mr. Chinn researched and drafted pleadings, cross-examined and defended witnesses in depositions, and led teams of attorneys in discovery proceedings before U.S. state and federal courts. His clients in successful high-profile cases included a Chinese manufacturer in a U.S. federal antitrust class action suit, a German transport company in a U.S. federal False Claims Act suit, and a New Zealand conglomerate in a contract and securities law dispute. Mr. Chinn also participated in FCPA investigations and performed research for memorials in ICC, Ad Hoc and NAFTA arbitrations. He is proud to have performed pro bono work for a music school and for political asylees.

HIRE COUNSEL, New York, USA (February 2006-March 2006)

Mr. Chinn analyzed French language corporate documents for Cravath, Swaine & Moore LLP in preparation for U.S. federal litigation involving Vivendi.

COVINGTON & BURLING, New York, USA (January 2005– January 2006)

Mr. Chinn conducted discovery in securities litigation and internal investigations, and researched and drafted legal memoranda on New York law issues such as fraud, breach of contract, and damages.

RUST CONSULTING, Minneapolis, USA (April 2004–January 2005)

Mr. Chinn researched and drafted legal memoranda on U.S. real estate law relating to railroad rights-of-way for an expert witness in a class action dispute involving 48 states.

MINNESOTA HUMAN RIGHTS CENTER, Minneapolis, USA (January 2004-April 2004)

Mr. Chinn researched and drafted a chapter for a book on the international legal rights of stateless persons and non-citizens for Professor David Weissbrodt, U.S. delegate to the U.N. sub-committee on human rights.

FORMALANGUES, Paris, France (2003)

Mr. Chinn designed curricula and taught legal English to French attorneys.

COUDERT BROTHERS, Paris, France (1999- 2001, 2003)

Mr. Chinn researched and drafted legal memoranda and procedural arguments for ICC and Ad Hoc international arbitrations subject to U.S., French, and Swiss law, while also preparing for and participating in ICC arbitration hearings. He helped draft the classic arbitration textbook, International Chamber of Commerce Arbitration, 3rd Edition (Craig, Park and Paulsson). Mr. Chinn reviewed concession agreements for a potential investor-state dispute, marshaled key evidence in a billion-dollar construction arbitration, and researched and drafted articles on arbitrator disclosure and the production of documents under the IBA Rules.

SHEARMAN & STERLING, Paris, France (2002)

Mr. Chinn prepared an ICC statement of claim and performed legal research, including concerning the waiver of objection to jurisdiction under French law and with respect to a stolen art claim under U.S. law.

U.S. EMBASSY, Paris, France (1998)

Mr. Chinn had the honor of working at the U.S. Department of State as an intern. He researched and wrote cables to Washington on issues such as the openness of France’s service sector to trade. He also researched and drafted letters for the ambassador pertinent to economic issues and staffed diplomatic functions such as the U.S. Supreme Court visit to France.

SUPREME COURT OF HAWAI’I, Honolulu, USA (1997)

Mr. Chinn worked for the Honorable Justice Steven Levinson. He reviewed circuit court records, appellate briefs, legislative history, and case law, and wrote six summary disposition legal memoranda.

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[vc_toggle title=”PUBLICATIONS AND OTHER EXPERIENCE” open=”true”]

Served as arbitrator at the 18th and 21st to 24th Willem C. Vis Moot competitions in Vienna.

Alejandro Lopez Ortiz, Patricia Ugalde-Revilla & Christopher Chinn, “The Role of National Courts in ICSID Arbitration,” in ICSID Convention After 50 Years: Unsettled Issues (Crina Baltag ed., Kluwer 2017).

Arthur Rovine and Christopher Chinn, “Balancing the State’s Regulatory Rights with the Investor’s Jurisdictional Rights in International Arbitration,” in New Horizons of International Arbitration: Collection of Essays (Anton V. Asoskov, Alexander I. Muranov and Roman M. Khodykin eds., Nauka Prawa 2015).

Prize Winning Essay: Christopher Chinn, “Arbitration: International Justice in an Era of Globalization,” Finalist for the Laureate of the Arbitration Academy 2011 (Prize Winning Essay), International Academy for Arbitration Law, available at http://www.arbitrationacademy.org/?page_id=1457.

Grant Hanessian and Christopher Chinn, “The U.S. Model for International Class Action Arbitration,” (2009) 75 Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, No.3, 400.

David Zaslowsky and Christopher Chinn, “The American Red Cross Dispute,” Journal of Intellectual Property Law and Practice, 2009, Vol. 4, No.2, 91.

Arthur W. Rovine and Christopher Chinn, “The International Arbitrator’s Duty to Investigate Conflicts: The United States Approach,” Transnational Dispute Management (transnational-disputemanagement.com), July 2008, Vol. 5, issue 4.

Christopher Chinn, “Arbitration of Antitrust Claims in the United States and Europe,” (2008) 74 Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, No.4, 439.

Researched and edited leading arbitration textbook with W. Laurence Craig, International Chamber of Commerce Arbitration, 3rd Edition, 2000.

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[vc_toggle title=”MEMBERSHIPS” open=”true”]

Chartered Institute of Arbitrators (Fellow, 2017 pending)

eJust Arbitrator

Delos Arbitrator Network

ICC Young Arbitrators Forum

ASA Below 40

CFA-40

ICDR Young & International

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[vc_toggle title=”EDUCATION” open=”true”]

August 2001 – May 2004, University of Minnesota, J.D.

– Dean’s List 2002-2004, Jessup International Moot Court

January 2003 – May 2003, Jean Moulin University 3, Lyon, France

– French Civil Law and European Union Law Courses

August 1995 – May 1999, Yale University, New Haven, USA, B.A.

– Distinction in History

August 1991 – June 1995, Punahou School, Honolulu, USA, Diploma

– Honors

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[vc_toggle title=”LANGUAGES” open=”true”]

English (native)

French (fluent)

Polish (conversational)

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#Array

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djgblogger-blog · 7 years ago

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Are NGOs responsible for the migration crisis in the Mediterranean?

http://bit.ly/2vR54i7

youtube

Migrants are being rescued by members of the “Proactiva open arms” NGO, off the coast of the Island of Lesbos (Greece). Ggia/Wikimedia, CC BY-NC-SA

2016 was an extraordinarily deadly year for migrants: 5,000 people perished in the Mediterranean Sea, vastly exceeding the death toll of 3,700 in 2015. And in the first six months of 2017, more than 1,000 deaths have been recorded.

Year after year, we see the same dynamics at work. Migrants flee conflict and instability in the Middle East and Africa trying to reach Europe. In order to avoid the land checkpoints established by European governments, they take their lives into their hands, setting off across the Mediterranean in makeshift boats, often operated by unscrupulous people smugglers.

This is not a recent tragedy; migrant advocate organisations have been recording the death toll of these people since the 1990s. But now they don’t simply tally up the dead, they directly intervene by rescuing migrants at sea.

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It all started in 2014 with the discontinuation of the Italian navy’s humanitarian and military operation Mare Nostrum. The cost of the operation was too high for the Italian government, which was unable to convince its European partners to join its efforts.

The program was replaced by operation Triton, financed by the European Border and Coast Guard Agency (Frontex). But NGOs feared that the change would lead to the deaths of thousands of migrants: Triton has a lower budget than Mara Nostrum and only operates in a small section of the waters where boats are liable to sink.

Above all, Triton was primarily designed for border control, rather than saving lives.

Complex rescue missions

Launched by a couple of Italian-American millionaires, the Migrant Offshore Aid Station (MOAS) was the first private organisation of its kind to charter a boat. In 2015, Doctors without Borders (MSF, short for Médecins Sans Frontières) followed their lead, as did Save the Children in 2016.

Across Europe, citizens came together to create new organisations such as SOS Méditerranée, Sea Watch, Life Boat Project, Sea Eye, Jugend Rettet in Germany, Boat Refugee in the Netherlands, and Proactiva Open Arms in Spain.

Operation Frontex personnel operate off the coast of Malta in March 2017. Austrian Federal Ministry for Europe, Integration and Foreign Affairs/Flickr, CC BY

The number of different authorities and organisations involved has made rescue operations more complex. Since maritime law states that any vessel close to a boat in distress must come to its aid, the relevant maritime authorities coordinate rescue efforts for each zone. In the central Mediterranean Sea, it is most often the Italian coast guard, part of the Ministry of Transportation, that grants NGOs permission to intervene.

But, in reality, it’s often the NGOs who find a sinking boat and contact the coast guard themselves.

Once the migrants are rescued, they are taken to an Italian port, under the authority of another government department (Ministry of the Interior), who selects their destination, registers them and directs them towards “ hotspots ” – migrant centres set up by the European Union.

Accessories to smugglers’ operations?

In Italy, the role of NGOs in rescue operations has created controversy. In December 2016, the Financial Times highlighted Frontex’s frustration.

The European border force has reservations about sea rescue operations. In its opinion, letting migrants believe that all they need to do is take to the sea to be rescued and welcomed to Europe opens up the floodgates.

According to the British newspaper, Frontex has evidence that some NGOs are in contact with smugglers and direct them towards zones where migrants have the best chance of being rescued. In other words, they claim these NGOs are accomplices to human traffickers and are therefore guilty of the crime of assisting illegal immigration.

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The report led Italian authorities to investigate. In May 2017, the Italian senate’s parliamentary inquiry concluded that NGOs constitute a “pull factor” and that they should cooperate more with maritime police operations. The Catania chief prosecutor nevertheless stated that there was no proof of wrongdoing.

The Italian government itself is divided. While the minister for foreign affairs has denounced the NGOs, the prime minister has thanked rescuers for their help, and the coast guard says it supports “politically neutral” maritime activities.

International organisations have also taken a stand. The UN High Commission for Refugees defended the NGOs, while the International Organization for Migration gave partial support to Frontex’s arguments, while highlighting the importance of saving lives in the Mediterranean.

Saving lives or controlling immigration?

On June 9 2017, researchers Charles Heller and Lorenzo Pezzani published the report Blaming the Rescuers. Using empirical evidence, it refuted Frontex’s claims and pointed out that the border force also accused operation Mare Nostrum of encouraging illegal immigration.

Yet the end of the Mare Nostrum operation, far from limiting fatalities, led to an increase in deaths. In the 2016 report Death by Rescue, these same researchers measured fatalities during Mediterranean crossings, comparing the number of people lost at sea with the number of people who reached Europe. They showed that it was far more dangerous to migrate during the Triton operation than Mare Nostrum. Increases in fatalities and the risk of death during a crossing are therefore not due to the presence of rescuers but rather to the lack of rescue operations.

These reports accuse Frontex of ending the Mare Nostrum operation knowing that it was saving lives. They also claim that it is now doing the same thing with NGOs, attempting to get rid of them knowing full well that their absence would make the journey riskier.

The debate highlights contradictions in European migration policies, which are creating a “prohibition effect”. If it is impossible to procure something legally (access to Europe), demand shifts to the riskier back market, profiting unscrupulous intermediaries.

Strengthening border control, especially on land, automatically results in risky boat journeys and therefore a rise in the number of deaths at sea. And the humanitarian aim of saving lives inevitably runs up against government efforts to control immigration.

The issue of legitimacy

Behind the controversy lies the question of legitimacy. Who has the right to intervene and come to migrants’ rescue?

Frontex defends the right of governments to control their borders and exercise sovereignty. NGOs have another perspective: if national governments are unable to uphold certain fundamental rights, such as the right to life, civil society must intervene.

This philosophy is nothing new. State inaction is also the reason many NGOs have become involved in the fight against poverty, for instance, and the defense of minorities. What is different is its application to questions of sovereignty, which is normally reserved for nation states.

The Italian coast guard saves migrants in the central Mediterranean Sea. Maso Notarianni/Flickr, CC BY-NC-ND

To an extent, the crisis in the Mediterranean enables NGOs to challenge state control over borders. And it’s understandable that this creates resistance. But if governments wish to defend their monopoly, they should find better arguments than those put forward by Frontex.

Greater solidarity in Europe would help avoid situations like the one that led to the discontinuation of the Mare Nostrum operation. Following the Dublin Convention, countries such as Greece and Italy are continuously at the front line, which is neither fair nor sustainable.

In this context, we can see the limits of the current political approach to migration, founded on an obsession with security and a denial of fundamental rights.

With calm weather conditions ideal for sea crossings, the northern summer is almost upon us. The migration debate is only just beginning and it brings with it the need for a basic rethinking of European migratory policies.

Translated from the French by Alice Heathwood for Fast for Word.

The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond the academic appointment above.

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robertmcangusgroup · 7 years ago

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The Daily Thistle

The Daily Thistle – News From Scotland

Monday 12th June 2017

"Madainn Mhath” …Fellow Scot, I hope the day brings joy to you… Warm with a wonderful breeze blowing this morning, and the air smells of Jasmine, Honeysuckle and Garlic Flowers.. the moon is waning and in a few days the skies at night will be full of stars and other heavenly bodies.. Bella hasn’t left my side since we brought Sandra back from the hospital, and Thank You to all those that sent Best Wishes for her speedy recovery.. it seems to be working as she can move easier… Well the coffee has brewed and is in my mug, Bella is asleep on my foot as is her custom, so lets have a look at what has happened in Scotland…..

DRIVER KILLED BY FALLING TREE IN PERTHSHIRE NAMED…. A 42-year-old driver who died after a tree hit his car in Perthshire has been named. Police said he was Scott Pankhurst, also known as Scott Finnie, who lived in Dundee. The accident happened on the A85, two miles east of Gilmerton, at about 20:00 on Tuesday. The road was closed while emergency services dealt with the incident. Police said inquiries into the accident were continuing.

RESTORED ANTIQUE MAP RETURNS HOME TO ABERDEENSHIRE…. A rare antique map of the world found during building work has returned to Aberdeenshire after being saved by conservation experts. The map, found in the 1980s, was identified as a late 17th century wall map of the world produced by the Dutch engraver Gerald Valck. It was delicately washed and cleaned by conservationists at the National Library of Scotland. It is now being put on public display at Castle Fraser, near Dunecht. It had become known as the chimney map because it was initially said to have been found stuffed up a chimney. However, it is now understood to have been found under a floorboard during renovations on Drumnahoy House that was once part of the Castle Fraser estate. Paula Swan, National Trust for Scotland property manager at Castle Fraser, said: "We are honoured to welcome this amazing map back to the Castle Fraser estate. "It is a fascinating piece and of such historical significance."

FISHERMAN RESCUED BY FERRY OFF SKYE AS BOAT SINKS…. A fisherman has been rescued by a passing ferry after his creel boat began sinking in Loch Brittle off Skye. The coastguard and RNLI were alerted at 08:50 after the Inshallah, from Elgol, Skye, started taking on water. The man was picked up by Caledonian MacBrayne's MV Lord of the Isles ferry. The Maritime and Coastguard Agency said the he was "safe and well". Mallaig lifeboat was launched and checked the scene for possible pollution from the sinking. Debris from the Inshallah was collected from the sea by another creel boat, Sunny Jim. The ferry's lifeboat was used in the rescue of the fisherman.

PROTECT PET RABBITS AGAINST VIRUS RVHD-2, SAY VETS…. Owners of pet rabbits have been urged to protect them against a contagious virus that has spread to Scotland. The virus, rabbit viral haemorrhagic disease variation RVHD-2, had previously been detected elsewhere in the UK. It can be potentially fatal to the animals. Vets, including surgeries in Inverness, are encouraging people to have their pets vaccinated. Gudrun Ravetz, president of the British Veterinary Association, said: "The risk of a rabbit contracting RVHD-2 is highest in situations where rabbits are kept in large groups with regular new additions, such as at breeders or rescue centres. "However, we'd encourage all owners to speak to their vet about vaccinating their rabbits against this potentially devastating disease. "Owners should also be aware that the vaccination for the original strain of RVHD doesn't appear to offer long-term protection against RVHD-2. "But vaccines for this new strain are now available and your vet will be able to best advise you on this."

MULL RALLY CANCELLED FOR 2017 OVER INSURANCE ISSUES…. The 2017 annual Mull Rally, which sees public roads on the island closed to allow rally enthusiasts from across the country to compete, has been cancelled. Motor Sport Association said the Act of Parliament that permitted the event had resulted in insurance issues for 2017. Organisers said they hoped the Scottish government would quickly adopt new legislation, which would help secure the return of the event in 2018. The world-renowned three-day rally was first held in 1969. Under new laws in England, local authorities will be allowed to suspend the Road Traffic Act for authorised motorsports events, without the need for an individual act of parliament. Organisers hope the Scottish government will adopt the legislation, following the conclusion of the Fatal Accident Inquiry into the Jim Clark and Snowman rallies. Three spectators died at the 2014 Jim Clark Rally, near Coldstream, and a woman was fatally injured at the 2013 Snowman Rally in the Highlands.

On that note I will say that I hope you have enjoyed the news from Scotland today,

Our look at Scotland today is of a rally car on the 2014 Mull Rally…

A Sincere Thank You for your company and Thank You for your likes and comments I love them and always try to reply, so please keep them coming, it's always good fun, As is my custom, I will go and get myself another mug of "Colombian" Coffee and wish you a safe Monday 12th June 2017 from my home on the southern coast of Spain, where the blue waters of the Alboran Sea washes the coast of Africa and Europe and the smell of the night blooming Jasmine and Honeysuckle fills the air…and a crazy old guy and his dog Bella go out for a walk at 4:00 am…on the streets of Estepona…

All good stuff....But remember it’s a dangerous world we live in

Be safe out there…

Robert McAngus

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rightsinexile · 5 years ago

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World Refugee Day, deadlock at sea, obstacles to the right of asylum: The Tunisian case

On the occasion of World Refugee Day, June 20, EuroMed Rights, a network of civil society organisations from both sides of the Mediterranean, released the following statement. It addresses efforts to prevent migrants from taking boats across the Mediterranean to Europe and the criminalisation of maritime rescue, with a focus on Tunisia.

To mark World Refugee Day, EuroMed Rights focuses on the current practice of stopping people from disembarking ships/boats on the Mediterranean Sea shoreline, particularly in Tunisia. In many aspects, this situation is emblematic of the obstacles faced by refugees in obtaining protection and access to rights in the Euro-Mediterranean region. It is also emblematic of the unfailing solidarity with refugees of local organisations and individuals.

According to United Nations High Commissioner for Refugees (UNHCR) data from June 2019, fatality rates of people crossing the Mediterranean have risen from 1 in 29 in 2018, to 1 in 6 in 2019, despite a lower overall number of deaths in the Mediterranean Sea compared to the same period last year. 559 people have died trying to reach Europe, 343 of which in the Central Mediterranean alone.

The explanation is found in increased criminalisation of NGOs involved in maritime rescue, the near absence of national search and rescue arrangements, increased cooperation on border management with so-called third countries, and a generalised abdication of humanitarian obligations stipulated by international law.

However, the barricading by European states of the ports of their southern neighbours, and the criminalisation of irregular migration is regularly challenged by organisations such as the Council of Europe, the "special rapporteurs" of the United Nations, and the FRONTEX' Fundamental Rights Office.

In addition, collaboration in maritime interception procedures carried out by the Libyan coastguard –supported and equipped with European funds– bringing those who try to flee to hellish prison camps, represents a systematic violation of fundamental rights and international conventions on the law of the sea.

The outsourcing to North Africa of the enforcement of the migration policy of the EU and its Member States, together with renewed conflict in Libya, has resulted in a substantial increase in land and sea arrivals to Tunisia. From the last quarter of 2018 to this day, UNHCR has registered 1,843 people, including 1,233 refugees and 600 asylum-seekers. In Tunisia, which has no asylum law as such, the right to work of persons recognised as refugees by UNHCR is not guaranteed. No real psychological support is provided to persons in vulnerable situations. Minors, including unaccompanied minors, are deprived of their liberty in unofficial centres.

The repercussions for disembarked people, who are promised protection and inclusion in the country or subject to ‘voluntary’ return practices, are wide-ranging. Current practices can be seen as going in the direction of so-called "regional disembarkation platforms" that are being proposed to Tunisia, but constantly rejected by its government.

Four years after the biggest humanitarian emergency of people in search of protection, Tunisia finds itself accepting and playing an active role in programmes designed to strengthen border controls under the EU emergency Trust Fund for Africa, or to consolidate security partnerships and support the fight against terrorism.

The violation of the obligation to render humanitarian assistance, and States’ responsibility to intervene at sea, in addition to attempts to attribute different rights to different categories of migrants (counter to provisions of the International Human Rights Charter), has had a significant impact on how countries on the southern shore, like Tunisia, approach migration issues: adopting migration policies solely focused on border management and security, inside and outside the country.

#refugees #FRONTEX

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