JPI Spring 2015

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Editorial Board Editor-in- Chief Madeleine Wykstra Managing Editors Jie Zhan Roma Parhad Ásdís Ólafsdóttir Xing Lu Mireia Triguero Roura Dylan Heyden Guan Hui Lee Hannah Thomas Ji Min Kiim Joseph Lavicka Khobaib Osailan Marcela Villacob Editors Paul Mutter Pei-Yu Wei Wenjun Zeng Won Min Seo Zehra Rehman Jordan Clifford Ramiro Fúnez Special thanks to our honorary guest editor Elizabeth Bennett 2 Spring 2015 2
Sexual Citizenship and EU Conditionality Can Supranational Organizations Facilitate the Advancement of Sexual Minorities? The Case of Former Yugoslav Republics and EU Accession Séhzad M. Sooklall Citizenship is transcending traditional European states’ borders. More than a half billion Europeans are now citizens of both the European Union (EU) and one of the 28 member states. 1 Article 20 of The Treaty on the Functioning of the European Union states that “every person holding the nationality of a Member State shall be a citizen of the Union” and that “citizenship of the Union shall be additional to and not replace national citizenship.” 2 Do the rights and protections afforded by member states necessarily mirror the ones afforded at the supranational level? Is one set of citizenship rights more desirable than the other? Several factors must be considered: does the citizen in question constitute part 1 Dimitry Kochenov, “The Present and the Future of EU Citizenship: A Bird’s Eye View of the Legal Debate,” Jean Monnet Working Papers (NYU Law School) No.2/12 (2012): 3, http://dx.doi.org/10.2139/ssrn.2063200. 2 The Member States, “Consolidated version of the Treaty on the Functioning of the European Union,” Official Journal of the European Union (2012), http://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=CELEX:12012E/TXT. of the minority or majority in terms of the power structure of that state, and very importantly, to which member state does the citizen belong? In the process of EU enlargement, applicant countries have to harmonize their national legislation with the acquis communautaire before entry into the union. 3 This paper explores whether conditionality to EU membership has served as an effective instrument for positive change in the lives of sexual minorities in the applicant countries. More specifically, this paper will focus on the former Yugoslav republics of Serbia and Montenegro, which are currently in the negotiation phase for EU accession, and Croatia, which was admitted to the union in July 2013. 4 This paper will begin with the introduction of relevant context, including operational definitions. It will be followed by a review of Contested Terrain of Sexual Citizenship: EU Accession and the Changing Position of Sexual Minorities in the Post-Yugoslav context, by Katja Kahlina. It will then compare EU accession of the former Yugoslav republics and the resulting impact on sexual minorities with recent events in France in regards to same sex marriage legalization. This comparative and interpretive analysis finds that although advancement of sexual citizenship in France was not imposed by the European Union, riots and anti-gay violence still 3 Katja Kahlina, “Contested Terrain of Sexual Citizenship: EU Accession and the Changing Position of Sexual Minorities in the Post-Yugoslav Context,” University of Edinburgh School of Law: The Europeanisation of Citizenship in the Successor States of the Former Yugoslavia (CITSEE) Working Paper Series No. 2013/33 (2013): 23, http://papers.ssrn.com/sol3/papers.cfm?abstract_i d=2388884. 4 “EU Enlargement: Check Current Status,” European Commission, last modified April 16, 2015, http://ec.europa.eu/enlargement/countries/checkcurrent-status/index_en.htm. 3 Spring 2015 3
Page 2 and 3: Table of Contents Letter from the E
Page 6 and 7: erupted in Paris just as they did i
Page 8 and 9: Kahlina referred to sexual citizens
Page 10 and 11: decriminalization for the country t
Page 12 and 13: fueled the country, and because Cro
Page 14 and 15: in 2002, 66 and Montenegro did not
Page 16 and 17: assembled in Paris against same sex
Page 18 and 19: These legal changes were often pres
Page 20 and 21: Finally, in the post-Yugoslav space
Page 22 and 23: debate to take place. As such, stak
Page 24 and 25: Does Official Development Assistanc
Page 26 and 27: Simply redirecting the aid to domes
Page 28 and 29: jeopardizes the broader prospects f
Page 30 and 31: Total planned and committed governm
Page 32 and 33: development efforts have been diffi
Page 34 and 35: From Operation Serval to Barkhane U
Page 36 and 37: considerable violence (with the exc
Page 38 and 39: going ahead with military intervent
Page 40 and 41: African-led mission. 31 Bergamaschi
Page 42 and 43: and Central Afrique mean there is n
Page 44 and 45: implementation of free market refor
Page 46 and 47: processes, and joint venture inform
Page 48 and 49: documents exist on this secretive p
Page 50 and 51: The Anti-Communist Myth A critical
Page 52 and 53: though, is overstated—at least in
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Weeks later, the CIA proposed poten
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already proven himself a successful
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An Appraisal of the Joint Developme
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essentially just part of a bilatera
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technology transfer, according to h
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claim legal sovereignty, China has
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little cost to itself. However, one
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Is Sustained Economic Growth in Rus
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substitutes. Second, there is Exten
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imports were within the Eastern Blo
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sheer amount spent to offset the cr
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natural resource consumption. Howev
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activities as acts of treason. 31 A
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the social attitudes, and the civil
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state. The fierceness of the state
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THE IRAQ FIERCE STATE: FEET OF CLAY
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ased on patronage and the politics
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still accepted means to contest oth
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compete with its fellow Shia. 62 Wi
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Power to the Babushkas? Reconsideri
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extremely low by European standards
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From this point of view, Russia’s
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of president as champion of the eld
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a Skype interview in November 2014,
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FURTHER READING: Arutunyan, Anna. T
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Lastly, possible explanations for t
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the DPP managed to improve its perf
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Table 1. Large Small Year parties p
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seats in the Legislative Yuan could
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defections clearly illustrates the
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prevention, management and resoluti
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negotiations and society? Or do the
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Table 3: Individual references to w
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A review of Table 3 shows that from
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JEM (2013); and Protocol on the Par
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further research. The level of diff
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time by up to 40%. 5 Given how rece
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RUSSIAN CAPABILITIES IN THE ARCTIC
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It is worth noting that Russia’s
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“Creating an academic program to
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accomplished scholar, but you can a
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decade if we make more effective us
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JPI Spring 2015

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