Together with a research group from the University of Passau we will be discussing:
"The cruelest lies are often told in silence"
Silencing Mass Crimes in Foreign Policy
The researchers will be presenting some of the findings from their ongoing work: "Following the observation of Western states not addressing mass atrocities around the world, silence in foreign policy consitutes the central focus of this research project. To this end, the behavior and discourse of Western states with regards to current and historical mass atrocities is examined. Empirical case studies range from recent mass atrocities committed in Syria, Yemen and Myanmar to colonial-era mass crimes."
A panel discussion on recent developments in EU asylum practices in a global perspective
October 14, 2021 | 15:30-17:00 (CET) | Zoom Webinar
Migration and asylum procedures have been subject to the principle of territoriality for decades. The rights of migrants and refugees to social welfare and political participation are always linked to a territorially-defined legal space depending on where they entered a border or applied for asylum. Human rights, however, apply extraterritorially. Migration policies revolve around territoriality in different ways: attempts to avoid the application of laws by avoiding territory (extraterritorial processing), special legal regimes for certain areas (transit zones and immigration detention facilities), and efforts by local authorities and civic organizations to challenge broader national immigration policies (sanctuary cities).
The past year has given ample reason to reconsider European migration and asylum practices in this regard. Think of the Hungarian government established ‘transit zones’ on its territory, the Danish law to relocate asylum seekers outside its territory, or the way the EU-Turkey migration deal differentiates the rights of migrants according to the principle of territoriality.
Focusing on territoriality allows a fresh view on current issues such as recent decisions by the European Court of Human Rights on collective expulsion, the 2020 Pact on Migration and Asylum, on Frontex’s and other border agencies’ policing practices, and on recent policies discussed by some member states. What can we make of the principle of territoriality when we talk about illegal pushbacks by border security agents? What are the legal and political implications of ‘seamless’ asylum procedures? How can we legally and discursively understand spaces of exception in asylum procedures such as transit zones, sanctuary cities, and extraterritorial spaces of asylum? How is access to asylum spatially governed ?
The Human Rights Discussion Group of the Max Planck Institute for Comparative Public Law and International Law is delighted to host a panel of four experts well-versed in the asylum and human rights debates. They will introduce you to current developments, discuss asylum practices in a global perspective, and reflect on the political and legal efforts to deal with the current situation.
Pauline Endres de Oliveira (Research Fellow at the Justus Liebig University Gießen/ Refugee Law Clinic of the Humboldt University of Berlin)
Nikolas Feith Tan (Danish Institute for Human Rights)
Bonny Ling (Institute for Human Rights and Business, Portsmouth City of Sanctuary, Lead on Combatting Modern Slavery)
Chair: Franziska Plümmer, Max Planck Institute for Comparative Public Law and International Law
Register in advance for this webinar: https://mpil.zoom.us/webinar/register/WN_QpDknsKWQsOVLHa44jiDVA
The event will be recorded for subsequent publication on the Institute’s YouTube channel.
A panel discussion on the proposed German Supply Chain Law
05.05.2021 | 14:30-16:30 | Zoom Webinar
On 3 March 2021, the German Cabinet passed a draft for a Supply Chain Due Diligence Law (Lieferkettengesetz) which will impose an obligation on companies to identify, prevent, mitigate, and document how they address the human rights impacts of their activities. The marks a shift away from voluntary standards to regulate corporate conduct, based on social expectation and moral imperative, towards legally binding obligations. The Parliament is expected to pass it in the next few months.
Civil society campaigners the initiative have welcomed the legislative proposal, but criticize its limited scope to the company’s own activities and those of its direct suppliers (‘tier 1’ of the supply chain), and the absence of a civil liability provision.
The German developments are in line with a wider trend towards ‘mandatory human rights due diligence’ (mHRDD). Several European states have adopted similar legislation requiring companies to conduct human rights due diligence, or are in the process of doing so. The EU Parliament has adopted a legislative initiative report for an EU-wide mHRDD directive, which existing domestic legislation, such as the German law, may inform.
Dr Miriam Saage-Maaß, European Center for Constitutional and Human Rights (ECCHR)
Robert Grabosch, Schweizer Legal | @rGrabosch
Frank Zach, German Trade Union Confederation (DGB)
Prof Dr Eva-Maria Kieninger, University of Würzburg
Dr Anneloes Hoff, Max Planck Institute for Comparative Public Law and International Law
Ass.-Prof. Mag. Dr. iur. Christoph Hofstätter
"Same-Sex Marriage in Austria - Guaranteed by the Constitution or only by the Constitutional Court?"
Hanaa Hakiki, European Center for Constitutional and Human Rights (ECCHR)
Externalization of European asylum and immigration policy and strategic litigation: The example of ND and NT v. Spain
Prof. Dr. Felipe González Morales, LL.M. (Washington, D.C.)
Current Human Rights Issues in Latin America
Prof. Dr. Judith Schönsteiner, LL.M. (Essex)
Attribution of State Responsibility pursuant to actions or omissions of State-Owned Enterprises in human rights matters
Dr. Ekaterina Yahyaoui Krivenko
Interrogating Human Rights and Global Constitutionalism
Dr. Elif Küzeci, LL.M. (Ankara)
Dr. Jekyll or Mr. Hyde?
Revisiting “Right to Be Forgotten” in the light of the rulings of the CJEU (C-131/12) and the Turkish Constitutional Court (No. 2013/5653)
Prof. Dr. Boldizsár Nagy
Hungarian Asylum Law and Policy in 2015-2016. Securitization instead of Loyal Cooperation
Prof. Paulo Pinto de Albuquerque, Judge of the European Court of Human Rights
Constitutionalisation of International Law
Prof. Dr. René Urueña
Investment arbitration and transitional justice in Colombia
Prof. Dr. Carlos Bernal
Justice and Truth in Colombia: A Critical Analysis of the Interlocking between the Special Jurisdiction for Peace and the Truth Commission
Dr. Margherita Paola Poto
Food Governance and Sustainability Challenges: Responses to Food Waste in
a Sharing Economy
Pieter-Augustijn Van Malleghem
Proportionality and the Erosion of Formalism
Dalia Palombo, LL.M. (Harvard)
File Suits against States for their Failure to Regulate the Responsibility of Multinational Companies