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Refugee Law in India
by Shuvro Prosun SarkerThis book considers refugee protection mandates and addresses how legal scholarship can articulate a comprehensive and humane response to the contemporary refugee problem. Analyzing philosophical discourses and India's policies and practices on refugee protection, including judgments of Indian Courts in refugee related cases, it examines how organizational efforts can make these policies and practices equal for every refugee in India. It also surveys prevailing discriminative protection standards and entitlements developed through Conventions, Declaration and Directives, and compares and contrasts national refugee legislations in South Africa, Brazil and Canada. A key read for scholars and practitioners interested in the legal and policy implications of refugee protection, this text identifies various practices of nation-States from across the North/South divide and provides key insights into the evolving nature of protection agendas.
Refugee Protection and the Role of Law: Conflicting Identities (Routledge Research in Asylum, Migration and Refugee Law)
by Susan Kneebone Dallal Stevens Loretta BaldassarSixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?
Refugees and Asylum Seekers in East Asia: Perspectives from Japan and Taiwan (Palgrave Macmillan Studies on Human Rights in Asia)
by Polina Ivanova Lara MomessoThis edited volume fills a gap in current research on asylum seekers and refugees. By focusing on two East Asian countries, Japan and Taiwan, this volume offers material for comparison and reflection on an area of the world in which this theme is still relatively underdeveloped. By approaching the theme through the different perspectives of human rights, social construction through media representation and public opinion, and lived experiences, the book offers a multifaceted and sophisticated analysis of the phenomenon. The main aim of this collection is to expand current scholarship on refugee studies and offer policy recommendations on the timely topic of refugee and asylum seekers in East Asia. This is an open access book.
Refugees and Forced Migration in the Horn and Eastern Africa: Trends, Challenges and Opportunities (Advances in African Economic, Social and Political Development)
by Johannes Dragsbaek Schmidt Leah Kimathi Michael Omondi OwisoThis volume sheds new light on the refugees and forced migration at the Horn of Africa and East Africa. Adopting a multidisciplinary perspective, it traces historical, structural, and geopolitical factors to reveal the often brutal uprooting of people in a region that hosts more than three million refugees and almost six million internally displaced persons (IDPs). By doing so, it enriches our understanding of the socio-economic, geopolitical and humanitarian causes and implications of migration and population displacement.The book is divided into five parts, focusing on different drivers of involuntary displacement and people’s uprooting: The first part covers geopolitical conflicts rooted partly in the colonial and Cold War geographies. The second part then focuses on security aspects and conflicts, while the third looks at encampment and refugee policies as well as refugee agencies. Part four highlights issues of forced repatriation and human trafficking. Lastly, part five analyzes the dynamics of refugee camps.
Refugees and Migrants in Law and Policy: Challenges And Opportunities For Global Civic Education
by Helmut Kury Sławomir RedoRefugees and migration are not a new story in the history of humankind, but in the last few years, against a backdrop of huge numbers of migrants, especially from war-torn countries, they have again been a topic of intensive and contentious discussion in politics, the media and scientific publications. Two United Nations framework declarations on the sustainable development goals and on refugees and migrants adopted in 2016 have prompted the editors – who have a background in international criminology – to invite 60 contributors from different countries to contribute their expertise on civic education aspects of the refugee and migrant crisis in the Global North and South. Comprising 35 articles, this book presents an overview of the interdisciplinary issues involved in irregular migration around the world. It is intended for educationists, educators, diplomats, those working in mass media, decision-makers, criminologists and other specialists faced with questions involving refugees and migrants as well as those interested in improving the prospects of orderly, safe, regular and responsible migration in the context of promoting peaceful and inclusive societies for sustainable development. Rather than a timeline for migration policies based on “now”, with states focusing on “stopping migration now”, “sending back migrants now” or “bringing in technicians or low-skilled migrant workers now”, there should be a long-term strategy for multicultural integration and economic assimilation. This book, prefaced by François Crépeau, the United Nations Special Rapporteur on the human rights of migrants, and William Lacy Swing, Director-General of the International Organization for Migration, addresses the question of the rights and responsibilities involved in migration from the academic and practical perspectives of experts in the field of social sciences and welfare, and charts the way forward to 2030 and beyond, and also beyond the paradigm of political correctness.
Refugees and Rights: Forgotten And Invisible? (The International Library of Essays on Rights)
by Mary CrockForced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The refugee’s rights to due process and the substance of entitlements at law are explored in essays that range across administrative processes; social and cultural rights, including family reunion; detention; and the right of return. There follow four essays that address sexual orientation and refugee rights; refugees and disability rights; human rights and persons displaced by climate change disasters; and the rights of victims of human trafficking. The volume concludes with work reflecting on the rights discourse outside of traditional ’Western’ theatres. These cover Africa (Kenya), India, South America (Brazil) and the Asia-Pacific (Indonesia and Papua New Guinea).
Refugees and the Ethics of Forced Displacement (Routledge Research in Applied Ethics)
by Serena ParekhThis book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states. The Open Access version of this book, available at https://doi.org/10.4324/9781315883854, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Refugees and the Law in Challenging Times – A Law and Economics Approach
by Denard VeshiThis book focuses on the economic analysis of refugee law and the protection of refugee rights. It offers a law and economics model applied to migration and states. The book focuses on the most critical ‘push’ factors that impact lawmakers in enacting and modifying asylum law. Furthermore, the book examines the economic advantages and disadvantages of a centralized supernational asylum law (acquis communautaire) that could, eventually, eliminate competition between legal orders in asylum law and do away with the negative externalities caused by ‘asylum shopping’. The book critically analyses international refugee law, pursuing an interdisciplinary approach. Its principal goal is to explore refugee law through the lenses of the law and economics approach and against the backdrop of a human rights approach. After explaining the evolution of the human rights approach, the book elaborates on the legal and economic factors that impact refugees, on the one hand, and public policy, on the other. In conclusion, a balance that considers the national preferences of destination countries and the protection of refugee rights is proposed.
Refugees, Asylum Seekers and the Rule of Law: Comparative Perspectives
by Susan KneeboneContributors to this volume examine how the legislative, executive and administrative arms of government have responded to issues concerning the rights and status of refugees and asylum seekers in five common law jurisdictions: the UK, Australia, Canada, the USA and New Zealand. Who and what determines the legislative agenda in this context? Is the legislative agenda driven by the legislators or by the executive? Where does the 'community' fit into this picture? Together the essays explain the international context for the responses of the jurisdictions, evaluate the responses from a human rights perspective and assess the integrity and coherency of legal responses as shown by their impact on the rule of law.
Refugees, Conflict and the Search for Belonging
by Lucy HovilThis book is about the convergence of two problems: the ongoing realities of conflict and forced migration in Africa s Great Lakes region, and the crisis of citizenship and belonging. By bringing them together, the intention is to see how, combined, they can help point the way towards possible solutions. Based on 1,115 interviews conducted over 6 years in the region, the book points to ways in which refugees challenge the parameters of citizenship and belonging as they carve out spaces for inclusion in the localities in which they live. Yet with a policy environment that often leads to marginalisation, the book highlights the need for policies that pull people into the centre rather than polarise and exclude; and that draw on, rather than negate, the creativity that refugees demonstrate in their quest to forge spaces of belonging. "
Refugees, Democracy and the Law: Political Rights at the Margins of the State (Law and Migration)
by Dana SchmalzThe book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee’s situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.
Refugees in International Politics (Routledge Revivals)
by Leon GordenkerOriginally published in 1987, Refugees in International Politics explores the nature of forced migration. It sets out systematically the factors that set refugees in motion and explains how and why a flexible network of organizations copes with the inescapable results of their presence. It suggests measures to reduce both the human suffering involved in forced migration and the disturbing effects of international relations.
Refugees in New Destinations and Small Cities: Resettlement in Vermont
by Pablo S. BoseFor the last two decades, refugees, like other immigrants, have been settling in newer locations throughout the US and other countries. No longer are refugees to be found only in major metropolitan areas and gateway cities; instead, they are arriving in small towns, rural areas, rustbelt cities, and suburbs. What happens to them in these new destinations and what happens to the places that receive them? Drawing on a decade’s worth of interviews, surveys, spatial analysis and community-based projects with key informants, Dr Pablo Bose argues that the value of refugee newcomers to their new homes cannot be underestimated.
Refugees, Women, and Weapons
by Petrice R. FlowersIn this book, Flowers (Political Science, University of Hawaii at Manoa) looks at why, and under what conditions, a state chooses to adopt international norms and laws that appear to conflict with its domestic norms. Using a constructivist framework, the author examines three treaties adopted by Japan, which address refugee policy, women's employment, and the use of land mines--issues that go the heart of what it means to be Japanese, challenge accepted roles for women, and affect decisions involving national defense. Flowers argues that, in the absence of strong domestic advocacy, the state's desire for legitimacy ensures only a low level of compliance to international norms, and she offers a comprehensive theoretical model involving the strength of nonstate actors and the degree to which international and domestic norms conflict. Annotation c2010 Book News, Inc. , Portland, OR (booknews. com)
Refund Guarantees (Lloyd's Shipping Law Library)
by Mark DavisA refund guarantee is an essential component of almost every shipbuilding project, without which the buyer will be unwilling or unable to proceed. There is no standard form of refund guarantee in universal usage, and both the form and substance of refund guarantee instruments vary widely from case to case. The ambiguity or uncertainty of the meaning of refund guarantee instruments, against a backdrop of a sharp downturn in the shipping markets, has led to numerous disputes in recent years concerning refund guarantees, which have been the subject of a number of important decisions of the English Courts. This is the first English law text book dedicated to the subject of refund guarantees. It provides essential guidance as to the issues arising and the pitfalls to be avoided. It analyses the specimen form of guarantee annexed to Bimco’s NEWBUILDCON form, and covers topics such as the circumstances in which the liability of the guarantor may be discharged, and when a builder may be entitled to obtain an injunction to restrain payment under a refund guarantee. It will be an essential and practical guide for those engaged in the shipbuilding industry, including shipbuilders, shipowners, banks and insurance companies, P&I clubs, and those advising them.
Regarding Animals (Animals Culture And Society)
by Arnold Arluke Clinton Sanders Leslie IrvineWinner of the Charles Horton Cooley Award, Society for the Study of Symbolic Interaction, 1997 The first edition of Regarding Animals provided insight into the history and practice of how human beings construct animals, and how we construct ourselves and others in relation to them. Considerable progress in how society regards animals has occurred since that time. However, shelters continue to euthanize companion animals, extinction rates climb, and wildlife “management” pits human interests against those of animals. This revised and updated edition of Regarding Animals includes four new chapters, examining how relationships with pets help homeless people to construct positive personal identities; how adolescents who engage in or witness animal abuse understand their acts; how veterinary technicians experience both satisfaction and contamination in their jobs; and how animals are represented in mass media—both traditional editorial media and social media platforms. The authors illustrate how modern society makes it possible for people to shower animals with affection and yet also to abuse or kill them. Although no culture or subculture provides solutions for resolving all moral contradictions, Regarding Animals illuminates how people find ways to live with inconsistent behavior.
Regardless of Frontiers: Global Freedom of Expression in a Troubled World
by Lee C. Bollinger and Agnès CallamardThe United Nations’ Universal Declaration of Human Rights in 1948 proclaimed a vision of freedom of expression exercised regardless of frontiers. Nonetheless, laws and norms regarding the freedom or limits of expression are typically established and understood at the national level. In today’s interconnected world, newfound threats to free expression have suddenly arisen. How can this fundamental right be secured at a global level?This volume brings together leading experts from a variety of fields to critically evaluate the extent to which global norms on freedom of expression and information have been established and which actors and institutions have contributed to their diffusion. The authors also consider ongoing and new challenges to these norms, from conflicts over hate speech and the rise of populism to authoritarian governments, as well as the profound disruption introduced by the internet. Together, the essays lay the groundwork for an international legal doctrine on global freedom of expression that considers issues such as access to government-held information, media diversity, and political speech. As the world risks renouncing previous commitments to the freedom of expression, Regardless of Frontiers serves as a timely reminder of just how much is at stake and what needs protecting.
Regenerating Bodies: Tissue and Cell Therapies in the Twenty-First Century (Genetics and Society)
by Julie KentThis exciting book examines how human tissues and cells are being exchanged, commodified and commercialized by new health technologies. Through a discussion of emergent global ‘tissue economies’ the author explores the social dynamics of innovation in the fields of tissue engineering and stem cell science. The book explores how regenerative medicine configures and conceptualizes bodies and argues that the development of regenerative medicine is a feminist issue. In Regenerating Bodies, Kent critically examines the transformative potential of regenerative medicine and whether it represents a paradigm shift from more traditional forms of biomedicine. The book shows that users of these technologies are gendered and women’s bodies are enrolled in the production of them in particular ways. So what is the value of a feminist bioethics for thinking about the ethical issues at stake? Drawing on extensive qualitative field research, Kent examines the issues around donation, procurement, banking and engineering of human tissues, and presents an analysis of the regulatory and policy debates surrounding these practices within Europe and the UK. The book considers the claims that regenerative medicine represents exciting possibilities for treating the diseases of ageing bodies, critically assessing what kind of futures are embodied in tissue and cell based therapies. It will be of interest to a wide range of scholars and students within the social sciences, in health technology studies, bioethics, feminist studies, and gender and health studies.
Regenerating Cultural Religious Heritage: Intercultural Dialogue on Places of Religion and Rituals
by Olimpia NiglioThis book introduces important reflections on understanding the meaning of cultural-religious heritage in an international context and their relationship with issues of sustainability at the local community level. Through a holistic approach, the book charts new courses in analyzing different cultural policies and methods for preserving and enhancing cultural heritage. Stemming from an intercultural seminar promoted by the International Scientific Committee Places of Religion and Ritual (ICOMOS PRERICO) under the theme of “Reuse and regenerations of cultural-religious heritage in the world: Comparison among cultures,” the book examines the scientific diplomacy and cultural strategies promoted by countries in dialogue with the UN 2030 Agenda, as well as Agenda 21 for Culture. The book seeks to reinforce the value of local cultural policies for supporting and enhancing cultural-religious heritage through specific programs and collaborations in dialogue with government policies. This collection is relevant to scholars working in areas relating to cultural heritage, religious heritage, architectural restoration, protection of the local inheritances, law, and management of the cultural sites.
Regenerative Business Voices: Values-based Entrepreneurship for Sustainable Enterprises (Giving Voice to Values)
by Mark G. Edwards Anton Lindberg Melker Larsson Jonathan AngelThis is a book about the future of sustainability. Regenerative Business Voices: Values-based Entrepreneurship for Sustainable Enterprises tells the stories of four regenerative organizations and the people who have founded them and guided them towards sustaining futures.Regenerative sustainability recognizes the urgency of transforming organizations to reverse the unsustainable pathways we are currently on. Regenerative businesses do not simply do less harm, or produce zero emissions, or optimize the efficient use of natural resources; they also restore and enhance well-being in social and ecological systems. The stories presented here are analyzed using the business ethics approach called Giving Voice to Values (GVV). Through the application of GVV principles, we uncover the processes involved in how regenerative businesses develop and function, and gain insights into how business leaders voice their deep convictions, overcome silencing rationalizations, normalize their execution of personal choice, discover deep purpose in their work, and draw on their personal histories to create new ways of doing business. We present and analyze these cases to understand how and why expressing values can be so crucial in developing sustainable businesses, and to provide practical examples of how individuals can generate enthusiasm, counter objections, gain allies, and prepare for and practice conversations that help them move forward.The book offers managers and sustainability consultants a new way of understanding some of the central dynamics involved in business ethics and organizational change for sustainability. It will be immensely valuable to educators, business students, and practitioners interested in sustainability, environmental business ethics, and corporate social responsibility topics.
Regenerative Farming and Sustainable Diets: Human, Animal and Planetary Health (Earthscan Food and Agriculture)
by Joyce D’Silva Carol McKennaThis book makes the case for an urgent move away from industrial agriculture towards regenerative farming and the promotion of plant-based diets.How we produce, distribute and consume food are critical issues for the health and well-being of humans, animals and the environment. In order to develop a sustainable food system, this book argues for a radical change in farming and food consumption. Containing contributions from world renowned experts, this book promotes regenerative farming as the means to preserve planetary health, establish sustainable, healthy and secure diets and safeguard the welfare of animals. Chapters discuss broad ranging issues from climate change and biodiversity conservation to animal sentience and intensive farming, and the role of financial markets and food businesses. The book concludes with chapters discussing the routes in policy and practice to transforming the food system and achieving real-world change.This book is a must read for students, scholars and policymakers interested in establishing sustainable farming and food systems, for human health, animal welfare and environmental protection.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution‑Non Commercial‑No Derivatives (CC‑BY‑NC‑ND) 4.0 license.
Regieren in der Transformationsgesellschaft: Impulse aus Sicht der Regierungsforschung (Studien der NRW School of Governance)
by Karl-Rudolf Korte Philipp Richter Arno Von SchuckmannDer Band setzt sich mit den Krisen und Transformationsherausforderungen unserer Zeit, deren Management und der demokratischen Gestaltung mutiger Zukunftsvisionen auseinander. Ziel ist es, aus unterschiedlichen Perspektiven das Verständnis für die anstehenden transformativen Herausforderungen zu schärfen und erste systematische Lösungsansätze zu skizzieren. Die Rahmenbedingungen und Charakteristika des Regierens in der Transformationsgesellschaft werden entlang der drei Transformationscluster Daseinsvorsorge, Demographie, Digitalisierung und dem übergeordneten Cluster Demokratie diskutiert. So richtet sich der Band nicht nur an einen wissenschaftlichen Leser*innenkreis, sondern adressiert auch dezidiert ein interessiertes Publikum außerhalb des wissenschaftlichen Betriebs.
Regime Interaction in International Law
by Margaret A. YoungThis major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Regime Type and Beyond: The Transformation of Police in Asia
by Weitseng Chen Hualing FuPolicing is legitimized in different ways in authoritarian and democratic states. In East and Southeast Asia, different regime types to a greater or lesser extent determine the power of the police and their complex relationship with the rule of law. This volume examines the evolution of the police as a key political institution from a historical perspective and offers comparative insights into the potential of democratic policing and conversely the resilience of authoritarian policing in Asia. The case studies focus on eight jurisdictions: Singapore, Thailand, Hong Kong, Vietnam, China, Taiwan, Japan and South Korea. The theoretical chapters analyse and explain the links between policing and society, the politics of policing and recent police reforms. This volume fills a gap in the literature by exploring the nature of authoritarian policing and how it has transformed and developed the rule of law throughout East and Southeast Asia.
A Region among States: Law and Non-sovereignty in the Caribbean
by Lee CabatinganBased on long-term ethnographic fieldwork at the Caribbean Court of Justice, A Region among States explores the possibility of constituting a region on a geopolitical and ideological terrain dominated by the nation-state. How is it that a great swath of the independent, English-speaking Caribbean continues to accept the judicial oversight of their former colonizer via the British institution of the Privy Council? And what possibilities might the Caribbean Court of Justice—a judicial institution responsive to the region, not to any single nation—offer for untangling sovereignty and regionhood, law and modernity, and postcolonial Caribbean identity? Joining the Court as an intern, Lee Cabatingan studied its work up close: she attended each court hearing and numerous staff meetings, served on committees, assisted with the organization of conferences, and helped prepare speeches and presentations for the judges. She now offers insight into not only how the Court positions itself vis-à-vis the Caribbean region and the world but also whether the Court—and, perhaps, the region itself as an overarching construct—might ever achieve a real measure of popular success. In their quest for an accepting, eager constituency, the Court is undertaking a project of extrajudicial region building that borrows from the toolbox of the nation-state. In each chapter, Cabatingan takes us into an analytical dimension familiar from studies of nation and state building—myth, territory, people, language, and brand—to help us understand not only the Court and its ambitions but also the regionalist project, beset as it is with false starts and disappointments, as a potential alternative to the sovereign state.