Research Koen De Feyter

Abstract

This action is designed to contribute to Enabel's Cooperation Portfolio Palestine - Empowered Youth in Green Palestine – Specific Objective 2 "Youth Protection and Civic Engagement". The project consists of an academic collaboration between University of Antwerp (UA) and Birzeit University (BZU). It aims at realizing a series of activities oriented at researching and understanding how Palestinian youth relate to their rights. In particular, how they perceive that they are protected against repression and violence, how they engage in their communities and participate in decision making, which rights they aspire to achieve and which rights they consider cannot be achieved in the ongoing colonial context.

Researcher(s)

• Promoter: De Feyter Koen
• Promoter: Kruger Thalia

Research team(s)

• Law and Development

Project website

Project type(s)

• Research Project

Abstract

The role of an international human rights (IHR) court is to assess whether a state has breached its human rights obligations. While evidence is at the heart of adjudication, evidence in IHR adjudication has never been studied in a systematic and comprehensive way. The EU-funded DISSECT project will address this gap and clarify the 'messy' IHR evidentiary regime with benefit for the scholarly community and practitioners. It will identify 'best' and 'worst' practices and generate specific recommendations for use in IHR adjudication. Moreover, it will develop new insights and create a new strand in critical legal studies. DISSECT is needed by those seeking international redress without knowing exactly what evidence is required of them as well as by IHR adjudicatory bodies at risk of losing their legitimacy.

Researcher(s)

• Promoter: Casalin Deborah
• Co-promoter: De Feyter Koen

Research team(s)

• Law and Development

Project website

Project type(s)

• Research Project

Abstract

In order to enable citizens to benefit from technological advances and to achieve the Sustainable Development Goals, it is essential to overcome the technological divide between countries. Technology transfer (TT) is the cornerstone of this project and is a standard component in trade and environmental agreements. Yet, no consensus exists as to how TT should be defined, which obligations are comprised in TT and what the role of intellectual property (IP) rights in the promotion of TT should be. The wide variety of legal provisions referring to TT in different legal regimes has only increased the ambiguity of the term TT. Parallel to that, there is a proliferation of bilateral free trade agreements (FTAs) containing both IP law as well as environmental law chapters. However, limited systematic research exists regarding TT provisions in FTAs and on how both areas can be connected. The hypothesis of this project is that TT provisions in FTAs may provide alternative solutions to the ineffective application of TT provisions in multilateral trade agreements. This research will conduct an empirical qualitative legal analysis of the FTAs and develop a taxonomy of TT provisions, which will later be compared with TT obligations in international agreements. This research will contribute to the literature by mapping current approaches and providing clarity to the concept of TT and outlining a possible international TT framework.

Researcher(s)

• Promoter: van Zimmeren Esther
• Co-promoter: De Feyter Koen
• Fellow: De Andrade Felipe

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

Drafting of two fact sheets / legal analysis guidance notes for the International Humanitarian Law (IHL) in Focus Project, on: 1) the treatment of persons in IHL and; 2) the conduct of hostilities in IHL. The notes respectively cover the sub-themes of: 1) conflict-related displacement, conflict-related sexual violence, and torture/cruel, inhumane and degrading treatment; 2) critical infrastructure, "soft targets" and the natural environment. For each sub-theme, the following is provided: a summary of the relevant law; a list of relevant treaty provisions and/or references related to the customary nature of the relevant rules; a list of guiding questions to inform legal analysis; a list of key legal documents and doctrine; and a summary of the most prominent related legal controversies / points for attention.

Researcher(s)

• Promoter: De Feyter Koen

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

Advice on a human rights based approach to the envisaged cooperation agreement between Belgium and Palestine (2022-2026), entitled 'Empowerd Youth in a Green Economy", particulaly in the areas of sexual and reproductive health rights, gender-base violence, shrinking space for civil society organisations, capacity enhancement of rights holders and duty bearers. Includes a proposal on future academic cooperation on the human rights based approach to development.

Researcher(s)

• Promoter: De Feyter Koen

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

Describe how BIO operates today and explain how today's structure, strategic mandate, governance, risk management policy and accountability mechanisms differ from those that were in place in 2012 when the DBTFP report was issued; Mapping the projects funded by BIO in the areas of agriculture and climate, Assessing BIO's farming and climate strategy in general and in the specific context of the two case studies that will be selected; Formulating recommendations and indications of possible interventions.

Researcher(s)

• Promoter: Ferrando Tomaso
• Co-promoter: De Feyter Koen

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

A study on behalf of ENABEL mapping the field of human rights actors in the Occupied Territorities, with a view to policy recommendations on the mainstreaming of human rights in the Belgian development cooperation with Palestine, in particular with regard to the use of information technology in human rights projects.

Researcher(s)

• Promoter: De Feyter Koen

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

A preliminary desk study identifying links to human rights in documents preparing the new country strategy of the Belgian development cooperation with regard to Palestine, with a particular emphasis on mainstraiming the right to education.

Researcher(s)

• Promoter: De Feyter Koen

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

This was a proposal to develop an in-depth study on the impact of EU human rights conditionalities on countries in the Western Balkans that aspire to EU membership. The proposal was to analyse both EU human rights conditionalities in general, and the response of selected countries through case studies. The proposal failed to attract EU funding.

Researcher(s)

• Promoter: De Feyter Koen
• Fellow: Qerimi Qerim

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

The project aims to analyse the causes and circumstances that explain the systematic violation of the rights to water and prior consultation of indigenous peoples in the Peruvian Amazon, as well as local resistance strategies. More concretely, the project attempts to comprehend the following issues: (i) the production and functioning of the concepts of habitat and water, as they relate to indigenous peoples, the state and economy; (ii) the ways the consultation processes conducted eventually contribute to uphold the State's hierarchy of rights, in which state and corporate rights are considered superior to indigenous rights, thus mimicking the social hierarchy; and (iii) the resistance and defence strategies adopted by indigenous peoples, e.g. by using human rights language (localisation).

Researcher(s)

• Promoter: De Feyter Koen
• Co-promoter: Desmet Ellen

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

In principle, human rights law does not impose obligations directly upon private actors, such as transnational corporations (TNCs). States are obliged, though, to protect their citizens against violations by TNCs. They should thus adopt legislative or other measures regulating the activities of TNCs in accordance with human rights standards. Consequently, TNCs are indirectly bound by human rights norms, via domestic legislation. Many developing countries, however, do not appropriately regulate the activities of TNCs in order to maintain an attractive investment climate in pursuance of their development policies. The research project will analyze whether the obligation of developing countries to protect can be enforced through litigation, backed up by a political strategy or not. Can judges directly require or indirectly provoke the strengthening or enforcement of regulations in accordance with human rights standards? At the fundamental level, this might be inhibited by the principle of separation of powers (forbidding the judiciary from interfering with the executive or legislature) and the normative position of human rights within the hierarchy of legal norms. At the practical level, it is should be assessed whether litigation is considered appropriate by victims and whether and under what circumstances it is likely to be successful. For this purpose, a case study will be conducted on health problems caused by resource extraction in South Africa and Nigeria.

Researcher(s)

• Promoter: De Feyter Koen
• Fellow: Verdonck Lieselot

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

In principle, human rights law does not impose obligations directly upon private actors, such as transnational corporations (TNCs). States are obliged, though, to protect their citizens against violations by TNCs. They should thus adopt legislative or other measures regulating the activities of TNCs in accordance with human rights standards. Consequently, TNCs are indirectly bound by human rights norms, via domestic legislation. Many developing countries, however, do not appropriately regulate the activities of TNCs in order to maintain an attractive investment climate in pursuance of their development policies. The research project will analyze whether the obligation of developing countries to protect can be enforced through litigation, backed up by a political strategy or not. Can judges directly require or indirectly provoke the strengthening or enforcement of regulations in accordance with human rights standards? At the fundamental level, this might be inhibited by the principle of separation of powers (forbidding the judiciary from interfering with the executive or legislature) and the normative position of human rights within the hierarchy of legal norms. At the practical level, it is should be assessed whether litigation is considered appropriate by victims and whether and under what circumstances it is likely to be successful. For this purpose, a case study will be conducted on health problems caused by resource extraction in South Africa and Nigeria.

Researcher(s)

• Promoter: De Feyter Koen
• Fellow: Verdonck Lieselot

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

Starting point of the research project is the finding that both rights holders and duty bearers under human rights norms are confronted simultaneously with a multitude of human rights provisions differing as to their scope, focus, legal force and level of governance. This non-hierarchical accumulation of human rights provisions has resulted in a complex and unco-ordinated legal architecture that may in some circumstances create obstacles for effective human rights protection. The central research objective of the proposed network is the study of human rights law as an integrated whole from a users' perspective.

Researcher(s)

• Promoter: De Feyter Koen

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

The proposed research aims at conducting an in-depth legal analysis of the technique of power-sharing which is increasingly being called upon by peace negotiators and included in peace accords that put an end to (internal) armed conflicts. The research will, first of all, study the legal qualification of power-sharing ¿ as a component of the wider peace accord ¿ under international law. In addition, the incorporation of the political agreement on power-sharing into the national (in particular constitutional) law of the countries concerned will be thoroughly analyzed. Finally, the proposed research will conduct a scientific analysis of the powersharing agreements from a human rights perspective.

Researcher(s)

• Promoter: De Feyter Koen
• Co-promoter: Vandenhole Wouter
• Fellow: Vandeginste Stef

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

Power-sharing has increasingly been used as a component of peace agreements. The project aims at scientifically analyzing the use of power-sharing from a human rights perspective. An empirical and a normative perspective will be combined, i.a. for the analysis of selected African case studies. The project is innovative and contributes to ongoing international academic research and policy debate on how to promote the rule of law after violent conflict.

Researcher(s)

• Promoter: De Feyter Koen

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

Since Chinese legal thought has far-reaching impact on Chinese law practice, the main idea of this project is to survey the influence of Chinese legal thought on current Chinese criminal law and to compare with the western standpoint on human rights in the criminal law field. In order to analyze the phenomena and problems between Chinese modern criminal law in practice and Chinese legal thought, I will concentrate on these issues and compare them with the European Convention on Human Rights. Finally, I will conclude on the Chinese human rights situation in the field of criminal law.

Researcher(s)

• Promoter: De Feyter Koen

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: De Herdt Tom
• Co-promoter: De Feyter Koen
• Co-promoter: Molenaers Nadia
• Co-promoter: Timmerman Christiane
• Co-promoter: Van den Bosch Karel

Research team(s)

Project type(s)

• Research Project

Abstract

L'objectif du mission est d'abord d'examiner la praticabilité du dévelopment d'une coopération structurelle envisagée entre la faculté de droit de l'Université d'Anvers et la faculté de droit de l'Université de Kisangani. Le but et aussi d'établir dans cette première phase des contacts locaux en vue d'un projet de recherche concernant la nouvelle légisation forestière congolaise, l'impact de celle-ci sur les droits des Pygmées qui habitent les forêts en province Orientale et l'influence de la Banque Mondiale dans cette matière.

Researcher(s)

• Promoter: De Feyter Koen

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

This project represents a formal research agreement between UA and on the other hand the Flemish Public Service. UA provides the Flemish Public Service research results mentioned in the title of the project under the conditions as stipulated in this contract.

Researcher(s)

• Promoter: De Feyter Koen
• Co-promoter: Cuyvers Ludo
• Co-promoter: Melissen Jan
• Co-promoter: Renard Robrecht
• Co-promoter: Velaers Jan

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: De Feyter Koen
• Fellow: Pacquée Didier

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: De Feyter Koen
• Co-promoter: Bossuyt Marc
• Fellow: Pacquée Didier

Research team(s)

Project type(s)

• Research Project

Abstract

This research project aims at analyzing the impact of the nature of a political transition and a political regime (before and after the transition) on the form and the success and/or failure of transitional justice efforts at national and international level. In-depth case studies will be made of Rwanda and Burundi. At the same time, the project will design an analytical framework which should further international comparative research on the topical issue of transitional justice in post-conflict societies more generally. In addition, policy recommendations will be proposed.

Researcher(s)

• Promoter: Reyntjens Filip
• Co-promoter: De Feyter Koen
• Co-promoter: Reychler Luc

Research team(s)

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Nauwelaerts Philip
• Co-promoter: De Feyter Koen

Research team(s)

Project type(s)

• Research Project

Abstract

Researcher(s)

• Promoter: Reyntjens Filip
• Co-promoter: Bossuyt Marc
• Co-promoter: De Feyter Koen

Research team(s)

Project type(s)

• Research Project

Abstract

The international community has shown its unability to cope with the (dramatic) problems in this region. One of the shortcomings is the biased information on which the international community has based its analysis. The network will try to fill this information and analysis gap. The approach will be multidisciplinary (socio-economic, political and juridicial).

Researcher(s)

• Promoter: Marysse Stefaan
• Co-promoter: De Feyter Koen
• Co-promoter: Reyntjens Filip

Research team(s)

Project type(s)

• Research Project

Abstract

The construction of an information network between Belgium and Rwanda-Burundi on the following topics : publication of a yearbook, establishment of a documentation centre, fundamental research on conflict prevention in Rwanda.

Researcher(s)

• Promoter: De Feyter Koen

Research team(s)

Project type(s)

• Research Project

Abstract

Policy recommendation for donor countries. Case studies on Indonesia, Vietnam, El Salvador, Kenya, Burundi.

Researcher(s)

• Promoter: De Feyter Koen

Research team(s)

Project type(s)

• Research Project