ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

Clemens Rieder: Boundaries and Solidarity
This paper reflects on the relationship between
boundaries and solidarity. Arguably, European integration
has reached a stage where it has become necessary
to examine whether it would be possible to redraw
boundaries while at the same time achieve solidarity
which resembles in its robustness national solidarity.
Somek (2011) suggests, that the social question ‘may
turn out to be the death knell of integration.’ This paper
attempts to give an answer to the solidarity-dimension
of the social question and discusses the issue by applying
two sets of boundaries: philos-boundaries and
interest-boundaries. While the former are based on
emotional identity (nationality), the latter refer to identity
based on common interests. Depending on what
type of boundaries generates national solidarity, this
will determine as to whether supranational solidarity
is achievable. After all, philos-boundaries are far less
adaptable than interest boundaries.
Anna Södersten: The Evolving Concept of Solidarity
This paper explores the principle of solidarity and
its expressions in public international law and EU constitutional
law. The principle is referred to in a plethora
of legal instruments. Yet, its contours are unclear, contested,
and controversial. The paper discusses its different
forms (horizontal, vertical, intergenerational), elements
(e.g., existence of obligations, common values),
institutionalized expressions (e.g., mutual assistance),
explanatory value, and limits (e.g., relationship to other
principles and concepts). Is it at all a legal principle?
Does it have legal content? Is it at all a principle? What
functions does it have? The aim is to provide a taxonomy
of how the concept of solidarity can be applied
and understood.
will reside? How should the Court address the troubling
reality in which there are no shelters in the Bedouin
communities?
Romy Klimke: Rethinking ‘culture’ in the
contemporary discourse on harmful cultural
practices
Debates on certain harmful cultural practices took
place within the United Nations since the early 1950s.
As the first legally binding treaty, CEDAW contains provisions,
which explicitly relate to the concept of harmful
cultural practices. Since then, the issue has been incorporated
in several international and regional human
rights instruments. In my presentation, I will argue that
the conception of CEDAW constitutes a decisive influence
on how the concept of harmful cultural practices
developed until today. The objective of the report will be,
firstly, to give a short overview on the current concept
of harmful cultural practices. As a result, I will come to
the conclusion that the concept does not allow for the
inclusion of other groups than women and girls, e.g.
men and intersexuals. Furthermore, I will argue that
the discourse reveals an almost exclusive focus on
practices in developing countries. To overcome this
bias, I suggest the method of cross-cultural dialogue.
Gershon Gontovnik and Michal Tamir: The Reality
Challenge of the Bedouin Society in the Negev
– Recognition of the Politics of Recognition
The subject of Bedouin dispersion has accompanied
the State of Israel from the day of its establishment.
The Bedouin community and the State of Israel
are in the midst of intensifying conflict over land control,
and this reality poses a real challenge for those wishing
to achieve solidarity between the Bedouin community
and the general Israeli society, accompanied by protecting
the Bedouin human and cultural rights.
From a legal point of view, this subject has offered
a launchpad for creative judicial decisions. The article
analyzes those decisions resorting to different Recognition
Theory’s insights. First, the liberal recognition
that demands equal concern and respect for all. This
recognition forbids even indirect discrimination, but demands
that the State stay neutral with regard to cultural
conflicts. Second, the Multicultural recognition (The
Politics of Recognition) which calls for affirmatives steps
taken by the State to recognize and aid minority cultures.
Examples for court’s decisions that we analyze:
Can the State Build Townships in which only Bedouin
Concurring panels 163