Browsing by Author "Martin, Andrea"

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Developing Constitutions under Occupation: Can Constitutions under Occupation Be Democratic?: A Case Study of Iraq and Germany
(Te Herenga Waka—Victoria University of Wellington, 2011) Martin, Andrea
Can there be a democratic constitution when a country is under occupation? This paper focuses on the topic constitution-making under occupation and especially whether an externally imposed constitution can be democratic. Further this paper will compare the cases of Germany and Iraq in order to get a better understanding of the problems connected to externally exposed constitutions
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Resolution 1373: an Attempt to Counter-Terrorism or an Opening for Creating Conflicts?
(Te Herenga Waka—Victoria University of Wellington, 2011) Martin, Andrea
The events of 11 September 2001 had a huge impact on the international community. The majority of the states agreed that they had to fight terrorism. The international response was made with the Resolution 1373 (the Resolution) in the aftermath of the attacks by the United Nations Security Council. The Resolution contains comprehensive obligations for states to fight terrorism. The Resolution was adopted under Chapter VII of the United Nations Charter and therefore binds automatically all member states of the United Nations. Because of its general and broad content, the Resolution supports the “legal” abuse of states. Terrorism is very often used as a justification for military actions for fulfilling political ambitions. This paper explores how the international level influences the national one and uses the examples of Russia, Spain and the United States to show how they use terrorism to justify military actions or infringements with human rights.
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Why There Is Insufficient Protection of the Right of Privacy at the Workplace
(Te Herenga Waka—Victoria University of Wellington, 2010) Martin, Andrea
Data protection in general is a concern in today’s society. This concern raises questions such as, why private data is collected, how it is being collected and for what purpose. One historical example of this concern occurred during World War II. The SD (German: Sicherheitsdienst), the security service branch of the Nazi police (SS) identified political enemies and those not matching their ‘NS racist ideology’ from personal information obtained from German occupied countries. Madsen gives the example of how information of Jews and Sinti and Romanies, such as birth certificates were used to identify these ideological enemies. Also, voting records were used for identification of political enemies such as members of left wing groups. Data protection reaches all areas of our everyday life. It is also a very important issue in the employment context, because during work time we may not be aware that ‘spies’ (employer) could be around us. As Robert Spragues stated “Employees have virtually no privacy. Everything employees do, everywhere they go can be monitored by employers.