"COFOLA INTERNATIONAL 2016. Resolution of International Disputes Public Law in the Context of Immigration Crisis

Author(s): Klára Drličková,Anita Garnuszek,Slavomir Halla,Miloslav Kabrhel,Silvie Mahdalová,Ľubica Martináková,Aleksandra Orzeł,Mária Pastorková,Kateřina Remsová,Iva Šimková,Lucie Zavadilová,Ivan Cisár,Tomáš Kozárek,Ivan Puškár,Martin Švec,Pavel Loutocký,Dóra Bogárdi,Gergő Kocsis,Soňa Ondrášiková,Eszter Lilla Seres / Language(s): English / Publication Year: 2016

The conference “COFOLA = Conference for Young Lawyers” is annualy organized by the Masaryk University, Faculty of Law from 2007. The main aim of this conference is to give floor to the doctoral students and young scientists at their early stage of career and enable them to present the results of their scientific activities. Since 2013 COFOLA has been enriched by special part called “COFOLA INTERNATIONAL”. COFOLA INTERNATIONAL focuses primarily on issues of international law and the regulation of cross-border relations and is also oriented to doctoral students and young scientists from foreign countries.

"I’m a poor lonesome cowboy and a long way from home…": српски документарни филмови о гастарбајтерима

Author(s): Marija Krstić / Language(s): Serbian / Issue: 2/2013

In this paper I will analyze Serbian documentary films about guest workers dating from the last decade of the 20th and the first decade of the 21st century, using the perspective of visual anthropology. I question the popular cultural notions about guest workers in films Весеље у Ждрелу (A Celebration in Zdrelo) by author Kamenko Katic, Звона позне јесени (The Bells of Late Autumn) by author Zoran Milenovic, Кад је Милорад удавао ћерку (When Milorad Gave His Daughter in Marriage) by author Vladimir Milisavljevic, Странац тамо, странац овде (A Foreigner There, a Foreigner Here) by author Sandra Mandic and 242 метра живота (242 Meters of Life) by author Novica Savic. The films deal with a number of issues: the economic aspects of guest workers’ lives, their liminal character, the issues of the second and third generations of guest workers, going away "temporarily" to work, and religious rituals. Even though the films were made recently, they all follow the lives of Vlach and Serbian, or rather Yugoslav guest workers who left to find temporary work abroad in Western Europe in the 1960’s and 1970’s. This serves the purpose of avoiding to deal with contemporary reasons for emigrating from Serbia and thus the possible critiques of current regimes or policies in power at the time the films were made.

"Islam" u anti-multikulturnoj retorici političara i antropologa Zapadne Evrope: kongruencija ili koincidencija?

Author(s): Marko Pišev,Miloš Milenković / Language(s): Serbian / Issue: 4/2013

The recent rhetoric of the "end" or "failure" of multiculturalism in Europe and beyond came as no surprise to anthropologists. Moreover, the statements made by leading politicians of key European economies seem as though they are based on the decades old anthropological critique of the consequences of the failed implementation of multicultural policies in Europe and on the global level. It is as though the messages we have been getting over the course of the last few years – that multicultural policies are contraindicated, that they weaken the contacts between cultures, rob individuals of the right to change and chose their identities and strengthen intra-cultural mediators of power, with patriarchy, violence against women and children, leaving school, religious fundamentalism and even terrorism as main consequences – are being read by politicians from anthropological analyses of abuses of collective "cultural" rights. The paper considers the nature of this similarity between the discourse of politicians and anthropologists with a special emphasis on the status of "Islam" in them, and discusses whether it is congruence or mere coincidence of stances toward minorities, immigrants and cultural differences, as toward the regulations which were tasked with protecting this diversity as a fundamental European value which today, at least at the rhetorical level, seems to be fading.

"İstenmeyen Rumlar": Odessa Ve Kırım’dan Yunanistan'a Göç Hareketleri, 1919

Author(s): Gürhan Yellice / Language(s): Turkish / Issue: 57/2018

Shortly after the October Revolution of 1917, a civil war broke out in Russia between the Bolsheviks and the Tsarists, a war that lasted almost three years. The winners of the First World War, worried about a potential global revolution in the event of a Bolshevik victory, decided to send troops to Odessa and Crimea at the end of 1918 to support the Tsarists. For this purpose, they asked for help from Greece. The Greek Prime Minister Venizelos, who strongly desired full support from Britain and France for his plans concerning Izmir at the Paris Peace Conference, reluctantly agreed to help. Thus, French and Greek troops, at the end of 1918 and at the beginning 1919 respectively, were sent to the region. Nevertheless, shortly thereafter the operation ended in smoke, with the total withdrawal of the troops. Although the operation failed, Venizelos managed to gain the support of Britain and France at the Paris Peace Conference. This decision however, marked the beginning of a disastrous process for the Greek populations living in Odessa and Crimea. As an act of retaliation for Greek involvement, the Bolsheviks began to implement a policy of oppression and forced a violent displacement of the existing Greek element. Beginning in March and continuing intensively in April and May, this started a wave of immigration towards Greece which led to a serious crisis on the Greek political scene, right on the eve of the Greek army’s expedition to Izmir. Venizelos tried very hard to direct this immigration to a region other than Greece, locating it specifically in Istanbul, Trabzon and Izmir. The purpose of this study is to evaluate the above mentioned process and its effects on the Greek political life of that period. The study is mainly based on the Greek and British Foreign Ministry Archives, British and Greek newspapers and English sources.

"Odljev mozgova" iz Jugoslavije

Author(s): Silva Mežnarić,Ivan Grdešić / Language(s): Croatian / Issue: 04/1990

Research into the emigration of highly educated labour, experts, and scientists from Yugoslavia to highly developed countries is intended to serve as an analytical basis for the creation of a policy and of means for the study and decrease of brain drain. Brain drain is a low-structured problem with a variety of causes and opposed values, to which there are no simple, fast, and final solutions. The authors present the main statistical data on the size and the dynamics of the brain drain and the basic motives and causes of this type of migration. The policy's purpose is to transform the one-direction drain into circulation of scientists and scientific information.

"Rajš' ko Talijana, sem zbrala Slovana"

analiza preseljevanj Slovencev na ozemlje držav nekdanje Jugoslavije in njegove posledice

Author(s): Marina Lukšič Hacin,Boštjan Udovič / Language(s): Slovenian / Issue: 2/2014

The following contribution analyses the history of emigration from the Slovenian ethnic space to the countries of the former Yugoslavia and its contemporary consequences. The main thesis builds on the understanding that the Slovenian emigrant community in the “Yugoslav state” was largely neglected from the viewpoint of operative politics as well as from the scientific study perspective. The analysis is divided into four historical periods, which differed significantly as far as the migration dynamics is concerned: the first migration stage (1850–1914), dominated by economic reasons; the second migration stage (1919–1941), when the political and cultural reasons also became important; the third migration stage (1945–1991), when the main reasons for migration were economic and ideological; and, finally, the article is concluded with the analysis of policy towards the Slovenian immigrants to the Yugoslav territory in the time of the independent Slovenia, together with all of its advantages and shortcomings.

"Sve što smo imali, sve što smo bili, svelo se na uspomene". Osobne Pripovijesti i pisma prognanika iz istočne Slavonije

Author(s): Irena Plejić / Language(s): Croatian / Issue: 15/1992

Based on three personal narratives and three letters of refugees from war struck regions of Croatia, the author investigates how such accounts can be approached as ethnographic data, the structure and contents of these accounts reveal that the war and refugee experience have influenced the way the refugees see themselves and think about certain core values of their culture. The author brings some insightful observations about the war as a period of reversed order, about gradual transformation of the cosmopolitan attitude of the inhabitants of Vukovar, about photographs and other mementos saved from the family house, which is seen as an irreplaceable determinant of the identity of the refugees, and finally, about the iconography of the refugees' current living quartos.

"Takvoga bogatstva oni nisu vidjeli"

Author(s): Marina Škrabalo,Tea Trkulja / Language(s): Croatian / Issue: 15/1992

Transcribed personal narratives of two refugees from central (a Serb from Banija, male, about 60 years old), and eastern Croatia (a Croat from eastern Slavonia, female, about 60 years old) are treated in this text as ethnographic data. The authors have arranged their accounts in contrastive pairs which relate their attitudes, notions and commentaries about the beginning of the war in Croatia, about encounters with different armies (Yugoslav national army, Croatian army, etc.), about the transformation of daily life in war situation, about the things which the refugees thought were important to take when leaving their homes and about their return.

"The Application of the Analytical Hierarchy Process Model in the Process of Conflict Management"

Author(s): Nena Nenovska Gjorgjievska / Language(s): English / Publication Year: 0

The incitement and the occurrence of the conflicts, their escalation, ceasefire and de-escalation are processes which are continually appearing, lasting and resolving. Consequently, the conflicts usually pull migratory flows. Migration is an issue which nowadays is very present, and it needs to be resolved. The migration usually starts where conflicts arise. Having that in mind, the main concept in the paper is focused on the conflicts and the emergence of the migration flows. It also gives a suggestion how the conflicts can be resolved in the Middle East countries. The purpose of this research is to find out real reasons for appearance of migrations and most rational solutions for their solving. For doing that the Analytical Hierarchy Process (AHP) method is applied. A short overview will be given of the main elements of the AHP method and how it is applied in the conflict resolution. AHP method is enforceable and leads to concrete recommendations for further conflict resolution. The results of the research will show that resolving the conflicts may contribute in suppression of the migration and it can also protect countries for further armed conflicts and unwanted migration flows.

"To nie my przekroczyliśmy granicę, to ona przecięła nas." Biopolityka europejskiego reżimu migracyjnego

Author(s): Łukasz Moll / Language(s): Polish / Issue: 21/2016

This article reconceptualizes analytical tools suitable to theorizing the European migration regime by employing concepts developed by philosophers of biopolitics. By referring to border and migration studies, it diagnoses both the crisis of the traditional conceptualization of the border and the crisis of the post-Westphalian political order in Europe. Identifying the end of bordering practices as a result of the intertwining of sovereignty, territory, and population in the context of a neoliberal regime of capital accumulation, the article proposes to treat borders as productive apparatuses (dispositifs). While they support the desirable flows of people, they block the undesirable forms of circulation. In conclusion, the article argues that the co-existence of borderless spaces within the European Union with the arbitrary mechanisms of mobility control applied to non-EU migrants is impossible to maintain in the long run. Keeping the current status quo will result in the obliteration of the inside/outside division and a rupture in the strong link between borders and territory. In effect, the same apparatuses which aimed to make free mobility possible are becoming its main source of danger.

"You can't just step from one place to another": The socio-politics of illegality in migration from Zimbabwe to South Africa

Author(s): Shannon Morreira / Language(s): English / Issue: 1/2015

Drawing on anthropological fieldwork conducted in Musina and Cape Town, South Africa in 2010 and 2011, in this paper I present a qualitative analysis of the (largely illegal) means of entry of Zimbabwean research participants into South Africa, and their at-tempts to seek legal status once in the country. I present an ethnographic consideration of one woman’s experiences crossing the border, augmented with quantitative data gathered from a sample of 45 migrants, in order to discuss the socio-political construction of ‘illegality’ in South Africa. I argue that while migrants may have entered the country illegally, this was in a large degree dictated by structural pressures. Migrants’ attempts to legalise themselves are also structurally constrained: I, thus, argue that there is a need to unpack the socio-political process by which a category of illegality is made.

"Zdravo je biti Amerikanac": Rana hrvatska imigracija u SAD, prakse na otoku Ellis i stvaranje hrvatske dijaspore

Author(s): Tanja Bukovčan / Language(s): Croatian / Issue: 29/2006

From 1892 to 1954 more than 12 million immigrants entered the United States through its famous gateway, Ellis Island. They were processed through immigration procedure and majority of them, from that period, were allowed to enter the US and become the citizens of their choice. Poverty, scarcity and hard field labour forced many Croats to seek better life in America. Almost four millions of them went through the Ellis Island in the period from 1880 to 1930. Very young, of average age not more than 22, most of them single males, together with all other steerage passengers, underwent the quick medical examinations, "six seconds physicals" through which they were checked for signs of infectious diseases, insanity, "feeblemindedness" of physical defects. To avoid the trap of being too easily critical 100 years after Ellis Island happenings, it has to be said that they were a practical solution to immigration admission. The number of people entering the US through Ellis Island could reach 5000 up to 11000 people per day during America's peak immigration years from 1890-1924. However, Ellis Island practices legitimatized and deepened the division between the ethnically desirable (North and Western Europe immigrants) and less desirable (South-Eastern Europe and Asia). Furthermore, they provided a mass demonstration of power and political practices, which used health as an instrument of separation between those who were eligible to become the members of a politically stable, healthy labour force, and those who were not. This paper tries to examine in what way did such "segregatory" practices, which already at the entrance to the New World, defined Croats and other immigrants as possibly unhealthy, insane or inapt, influence the formation of Croatian Diaspora in North America as a culturally distinct ethnic group. It also raises the question as to how will the newly emerging medical borders affect notions of ethnicity and the ways in which dispersed/displaced peoples construct their identities in the time of "global ethnoscapes" (Appadurai) The fact that this first "legalized" segregation on the basis of a six-second medical examination was going on under the shadow of the Statue of Liberty, shows to what extent it was assumed as "scientifically" reasonable and politically correct, and explains the existence of its current practices of creating medical borders. Who remains on the other side of the medical border? The ethnical and cultural "Others", or, just "the ill"?

"Быдлим в Чехии", или, Специфика чешских заимствований на примере онлайн-коммуникации русскоязычных иммигрантов в Чешской Республике

Author(s): Anna, Vladimirovna Golubeva,Anastasija, Anatol´jevna Timofejeva / Language(s): Russian / Issue: 2/2014

The article speaks about borrowings from the Czech language through the prism of Internet communication (social networks, forums, blogs), presented by Russian-speaking expatriate community, which is one of the largest expatriate communities in the Czech Republic. This report contains the overview of processes that occur in the immigrant's use of borrowings, as well as the analysis of borrowings on lexical, morphological, and syntactical levels. Word-play is discussed here as well. Authors give characteristics of expatriate's language from 3 various points of view: in light of the language of Russian expatriate community on the whole, from the perspective of Russian expatriate community in the Czech Republic, and in terms of similarity to the processes which occur in the language of the metropoly.

"Водевиль в сумасшедшемдоме": "Линия Брунгильды" М. А. Алданова

Author(s): Dmitri Nikolayev / Language(s): Russian / Issue: 2/2015

If one were to single out the most characteristic feature of the Russian theatre in exile, it would be the severe scarcity of everything: theatre troupes were small, productions were executed on a very meager budget, etc. Dmitri Nikolayev’s article discusses the way that Mark Aldanov adapted his style to meet this challenge, which resulted in the creation of “Liniia Brungildy” (1937), a play in thegenre of vaudeville.

# V4 2015: neľahké hľadanie odpovedí na európske výzvy

Author(s): Tomáš Strážay / Language(s): Slovak / Publication Year: 0

Vyšehradská skupina, tak ako napokon celá Európska únia, čelila aj v roku 2015 výzvam prichádzajúcim z vonkajšieho prostredia a v menšom meradle tiež takým, ktoré súviseli s jeho vnútorným fungovaním. Napriek pokračujúcemu rusko ukrajinskému konfliktu sa dominantnou témou vo vyšehradskom i európskom (nielen zahraničnopolitickom diskurze) stala migračná a utečenecká kríza. Postoj k nej ovplyvňoval tak vnútornú dynamiku Vyšehradu, ako aj jeho vnímanie v rámci EÚ. Vyšehradské krajiny čelili zhoršenej reputácii v očiach niektorých členských krajín Únie, ktoré kritizovali ich nesolidárny postoj v otázke redistribučných kvót. Prirodzene, značná časť vyšehradskej agendy sa niesla v znamení kontinuity, čo sa týka slovenského aj českého predsedníctva. Významnými oblasťami spolupráce tak boli naďalej napríklad energetika či bezpečnosť a obrana. Spolupráca s krajinami východného susedstva a západného Balkánu tvorili piliere formátu V4 plus, ktorý sa rozšíril o ďalších partnerov. Jedným z významných zadaní pre obe predsedníctva bolo vyvažovať spoluprácu s nevyšehradskými krajinami s vnútornou súdržnosťou V4. Potvrdilo sa, že vyšehradská spolupráca zostáva imúnna voči vnútropolitickému vývoju v jednotlivých krajinách. Hoci májové prezidentské i októbrové parlamentné voľby v Poľsku znamenali diametrálnu zmenu v oblasti poľskej vnútornej politiky, na vzťahoch v rámci V4 sa to neprejavilo.

#32 Radicalisation in Bulgaria: Threats and Trends

Author(s): Rositsa Dzhekova,Mila Mancheva,Maria Doichinova,Lyubomira Derelieva,Tihomir Bezlov,Maria Karayotova,Yavor Tomov,Dimitar Markov,Miryana Ilcheva / Language(s): English / Publication Year: 2015

The phenomena of radicalisation today develop and change at high speed, with their extreme forms manifested globally. The destructive dimensions of (violent) Islamist or right-wing radicalisation have become dramatically visible in Europe posing serious challenges to European societies at large. This report aims to address a knowledge gap with regard to how and to what extent internationally observed radicalisation processes are manifested in Bulgaria. Four different forms of radicalisation are investigated, including Islamist radicalisation, right-wing and left-wing radicalisation, as well as football hooliganism. The report provides policy makers and the expert community with a systematic overview of the main risks to which the Bulgarian society is exposed, as well as of the main actors and ideas, the repertoire of actions and the groups at risk associated with radicalisation. The report outlines recommendations for improvement of the policy and institutional response with regard to radicalisation by way of monitoring and prevention measures as well as multi agency collaboration and community engagement.

#32bg Радикализация в България: заплахи и тенденции

Author(s): Rositsa Dzhekova,Mila Mancheva,Maria Doichinova,Lyubomira Derelieva,Tihomir Bezlov,Maria Karayotova,Yavor Tomov,Dimitar Markov,Miryana Ilcheva / Language(s): Bulgarian / Publication Year: 2016

The phenomena of radicalisation today develop and change at high speed, with their extreme forms manifested globally. The destructive dimensions of (violent) Islamist or right-wing radicalisation have become dramatically visible in Europe posing serious challenges to European societies at large. This report aims to address a knowledge gap with regard to how and to what extent internationally observed radicalisation processes are manifested in Bulgaria. Four different forms of radicalisation are investigated, including Islamist radicalisation, right-wing and left-wing radicalisation, as well as football hooliganism. The report provides policy makers and the expert community with a systematic overview of the main risks to which the Bulgarian society is exposed, as well as of the main actors and ideas, the repertoire of actions and the groups at risk associated with radicalisation. The report outlines recommendations for improvement of the policy and institutional response with regard to radicalisation by way of monitoring and prevention measures as well as multi agency collaboration and community engagement.

#35 Situational Assessment of Extremist Trends

Author(s): Rositsa Dzhekova,Luděk Moravec,Pavlína Bláhová,Jan Ludvík,Libor Stejskal,Dia Anagnostou,Dimitris Skleparis,Nadya Stoynova / Language(s): English / Publication Year: 2017

Violent extremism is one of the major challenges Europe is currently facing. The threat is both external as well as internal as indicated by the rise in home-grown Islamist terrorists, as well as of nationalistic and anti-immigrant movements and far-right aggression. An accurate picture of the spread, nature and trends in the extremist and terrorist activity and actors is paramount to formulating strategic policy approaches and effectively allocating available resources. This publication provides a methodological framework for the establishment of a viable mechanism for monitoring and assessment of the state and developments over time in extremist acts and actors on the national level. The situational assessment is an instrument for systematic collection and analysis of statistical data, open source data and intelligence information pertaining to extremist actors and activities, for the purposes of developing regular situational reports of the spread, nature and trends in extremism and violent radicalisms. Following the application of the situational assessment tool, the publication presents main findings on extremist trends and monitoring capacities in three countries from Central and Southeast Europe: Bulgaria, the Czech Republic and Greece.

#48 Two Boats in the Mediterranean and their Unfortunate Encounters with Europe’s Policies towards People on the Move

Author(s): Leonhard Den Hertog / Language(s): English / Publication Year: 2012

This paper examines two recent events in which people on the move making their way from Libya to Europe across the Mediterranean were either abandoned to die at sea or ‘pushed back’ (Hirsi case). It argues that these two cases are not incidental or isolated but rather part of a broader situation of concern in the Mediterranean. The paper highlights this situation and also connects it to Europe’s response to migratory flows during the Arab Spring. On thebasis of independent reports, case law and first-hand accounts, it attributes these tragedies to two fundamental structural deficiencies in Europe’s approach to people on the move in the Mediterranean: 1) a general lack of accountability, among the most salient of which are thelack of legal clarity for SAR (search & rescue) and disembarkation obligations as well as alack of monitoring of what actually happens in the Mediterranean and 2) a lack of solidarity amongst European states as well as across the Mediterranean. The paper then goes on to propose recommendations to correct those cross-cutting deficiencies.

#49 The Court of Justice of the European Union as a Fundamental Rights Tribunal

Challenges for the Effective Delivery of Fundamental Rights in the Area of Freedom, Security and Justice

Author(s): Sergio Carrera,Marie De Somer,Bilyana Petkova / Language(s): English / Publication Year: 2012

This paper reflects on the challenges facing the effective implementation of the new EU fundamental right sarchitecture that emerged from the Lisbon Treaty. Particular attention is paid to the role of the Court of Justice of the European Union (CJEU) and its ability to function as a ‘fundamental rights tribunal’. Thepaper first analyses the praxis of the European Court of Human Rights in Strasbourg and its long-standing experience in overseeing the practical implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Against this analysis, it then examines the readiness of the CJEU to live up to its consolidated and strengthened mandate on fundamental rights as one of the prime guarantors of the effective implementation of the EU Charter of Fundamental Rights. We specifically review the role of‘third-party interventions’ by non-governmental organisations, international and regional human rights actors as well as ‘interim relief measures’ when ensuring effective judicial protection of vulnerable individuals incases of alleged violations of fundamental human rights. To flesh out our arguments, we rely on examples within the scope of the relatively new and complex domain of EU legislation, the Area of Freedom, Securityand Justice (AFSJ), and its immigration, external border and asylum policies.