Law

When Humans Become Migrants

Study of the European Court of Human Rights with an Inter-American Counterpoint

Author: Marie-Bénédicte Dembour

Publisher: Oxford University Press, USA

ISBN: 0199667845

Category: Law

Page: 540

View: 9873

The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.
Law

When Humans Become Migrants

Study of the European Court of Human Rights with an Inter-American Counterpoint

Author: Marie-Bénédicte Dembour

Publisher: Oxford University Press

ISBN: 0199667837

Category: Law

Page: 575

View: 3562

The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.
Law

When Humans Become Migrants

Study of the European Court of Human Rights with an Inter-American Counterpoint

Author: Marie-Bénédicte Dembour

Publisher: OUP Oxford

ISBN: 0191644773

Category: Law

Page: 575

View: 2139

The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.
Law

Questioning EU Citizenship

Judges and the Limits of Free Movement and Solidarity in the EU

Author: Daniel Thym

Publisher: Bloomsbury Publishing

ISBN: 1509914668

Category: Law

Page: 344

View: 7532

The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates. This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens' rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship.
Political Science

Who Believes in Human Rights?

Reflections on the European Convention

Author: Marie-Bénédicte Dembour

Publisher: Cambridge University Press

ISBN: 1139459449

Category: Political Science

Page: N.A

View: 7035

Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, this book is also a groundbreaking work of theory which challenges human rights orthodoxy. Its novel identification of four human rights schools proposes that we alternatively conceive of these rights as given (natural school), agreed upon (deliberative school), fought for (protest school) and talked about (discourse school). Which of these concepts we adopt is determined by particular ways in which we believe, or do not believe, in human rights.
Law

The Human Rights of Migrants in European Law

Author: Cathryn Costello

Publisher: Oxford University Press

ISBN: 0199644748

Category: Law

Page: 350

View: 3734

A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
Law

Are Human Rights for Migrants?

Critical Reflections on the Status of Irregular Migrants in Europe and the United States

Author: Marie-Benedicte Dembour,Tobias Kelly

Publisher: Routledge

ISBN: 1136700080

Category: Law

Page: 264

View: 2623

Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms.
Social Science

The Interpretation of Cultures

Author: Clifford Geertz

Publisher: Basic Books

ISBN: 0465093566

Category: Social Science

Page: 576

View: 3915

In The Interpretation of Cultures, the most original anthropologist of his generation moved far beyond the traditional confines of his discipline to develop an important new concept of culture. This groundbreaking book, winner of the 1974 Sorokin Award of the American Sociological Association, helped define for an entire generation of anthropologists what their field is ultimately about.
Law

Culture and Rights

Anthropological Perspectives

Author: Jane K. Cowan,Marie-B鈋n鈋dicte·Dembour

Publisher: Cambridge University Press

ISBN: 9780521797351

Category: Law

Page: 258

View: 2857

Part I: Setting universal rights
Political Science

Reclaiming the Land

The Resurgence of Rural Movements in Africa, Asia and Latin America

Author: Sam Moyo,Paris Yeros

Publisher: Zed Books Ltd.

ISBN: 1848137656

Category: Political Science

Page: 432

View: 8506

Rural movements have recently emerged to become some of the most important social forces in opposition to neoliberalism. From Brazil and Mexico to Zimbabwe and the Philippines, rural movements of diverse political character, but all sharing the same social basis of dispossessed peasants and unemployed workers, have used land occupations and other tactics to confront the neoliberal state. This volume brings together for the first time across three continents - Africa, Latin America and Asia - an intellectually consistent set of original investigations into this new generation of rural social movements. These country studies seek to identify their social composition, strategies, tactics, and ideologies; to assess their relations with other social actors, including political parties, urban social movements, and international aid agencies and other institutions; and to examine their most common tactic, the land occupation, its origins, pace and patterns, as well as the responses of governments and landowners. At a more fundamental level, this volume explores the ways in which two decades of neoliberal policy - including new land tenure arrangements intended to hasten the commodification of land, and new land uses linked to global markets -- have undermined the social reproduction of the rural labour force and created the conditions for popular resistance. The volume demonstrates the longer-term potential impact of these movements. In economic terms, they raise the possibility of tackling immiseration by means of the redistribution of land and the reorganisation of production on a more efficient and socially responsible basis. And in political terms, breaking the power of landowners and transnational capital with interests in land could ultimately open the way to an alternative pattern of capital accumulation and development.
Music

The Cultural Study of Music

A Critical Introduction

Author: Martin Clayton

Publisher: Routledge

ISBN: 1136754326

Category: Music

Page: 376

View: 3719

First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Philosophy

In Praise of Copying

Author: Marcus Boon

Publisher: Harvard University Press

ISBN: 0674058429

Category: Philosophy

Page: 294

View: 3967

German critic Walter Benjamin wrote some immensely influential words on the work of art in the age of mechanical reproduction. Luxury fashion houses would say something shorter and sharper and much more legally binding on the rip-off merchants who fake their products. Marcus Boon, a Canadian English professor with an accessible turn of phrase, takes us on an erudite voyage through the theme in a serious but engaging encounter with the ideas of thinkers as varied as Plato, Hegel, Orson Welles, Benjamin, Heidegger, Louis Vuitton, Takashi Murakami and many more, on topics as philosophically taxing and pop-culture-light as mimesis, Christianity, capitalism, authenticity, Uma Thurman's handbag and Disneyland.
Law

Immigration Judges and U.S. Asylum Policy

Author: Banks Miller,Linda Camp Keith,Jennifer S. Holmes

Publisher: University of Pennsylvania Press

ISBN: 0812246608

Category: Law

Page: 248

View: 9566

Although there are legal norms to secure the uniform treatment of asylum claims in the United States, anecdotal and empirical evidence suggest that strategic and economic interests also influence asylum outcomes. Previous research has demonstrated considerable variation in how immigration judges decide seemingly similar cases, which implies a host of legal concerns—not the least of which is whether judicial bias is more determinative of the decision to admit those fleeing persecution to the United States than is the merit of the claim. These disparities also raise important policy considerations about how to fix what many perceive to be a broken adjudication system. With theoretical sophistication and empirical rigor, Immigration Judges and U.S. Asylum Policy investigates more than 500,000 asylum cases that were decided by U.S. immigration judges between 1990 and 2010. The authors find that judges treat certain facts about an asylum applicant more objectively than others: facts determined to be legally relevant tend to be treated similarly by judges of different political ideologies, while facts considered extralegal are treated subjectively. Furthermore, the authors examine how local economic and political conditions as well as congressional reforms have affected outcomes in asylum cases, concluding with a series of policy recommendations aimed at improving the quality of immigration law decision making rather than trying to reduce disparities between decision makers.
Law

Resolving Conflicts between Human Rights

The Judge's Dilemma

Author: Stijn Smet

Publisher: Routledge

ISBN: 1317218671

Category: Law

Page: 244

View: 2373

Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.
Law

Paths to International Justice

Social and Legal Perspectives

Author: Marie-Bénédicte Dembour,Tobias Kelly

Publisher: Cambridge University Press

ISBN: 052188263X

Category: Law

Page: 267

View: 6686

This volume examines how international justice can take purchase despite social conflict and political violence.
Social Science

Theory from the South

Or, How Euro-America is Evolving Toward Africa

Author: Jean Comaroff,John L. Comaroff

Publisher: Routledge

ISBN: 1317250621

Category: Social Science

Page: 272

View: 8070

As nation-states in the Northern Hemisphere experience economic crisis, political corruption and racial tension, it seems as though they might be 'evolving' into the kind of societies normally associated with the 'Global South'. Anthropologists Jean and John Comaroff draw on their long experience of living in Africa to address a range of familiar themes - democracy, national borders, labour and capital and multiculturalism. They consider how we might understand these issues by using theory developed in the Global South. Challenging our ideas about 'developed' and 'developing' nations, Theory from the South provides new insights into key problems of our time.
Social Science

A Good Life

Human Rights and Encounters with Modernity

Author: Mary Edmunds

Publisher: ANU E Press

ISBN: 1922144673

Category: Social Science

Page: 300

View: 9791

This book is a story. It's a story about ordinary people in very different parts of the world dealing with rapid change in the late twentieth and early twenty-first centuries. It's about times of turbulent and violent social upheaval and rupture with the past. It's about modern times. It's also about being human; what it is to be human in a modernising and globalising world; how, in responding to the circumstances of their times, different groups define, redefine, and attempt to put into practice their understandings of the good and of what constitutes a good life. And it's about how human rights have come to be not abstract universal principles but a practical source of consciousness and practice for real people.
Forced migration

Refugees and Forced Displacement

International Security, Human Vulnerability, and the State

Author: Edward Newman,Joanne van Selm

Publisher: Manas Publications

ISBN: 9788170491965

Category: Forced migration

Page: 391

View: 5312

The orthodox definition of international security puts human displacement and refugees at the periphery. In contrast, the book demonstrates that human displacement can both be a cause and a consequence of conflict within and among societies. As such, the management of refugee movements and the protection of displaced people should be an integral part of security policy and conflict management. Refugees and forcibly displaced people can also represent the starkest example of a tension between "human security" - where the primary focus is the individual and communities - and more conventional models of "national security" tied to the sovereign state and military defence of the territory. This book explores this tension with respect to a number of pressing problems related to refugees and forced displacement. It also demonstrates how many of these challenges have been exacerbated by the "war on terror" since Sept., 11, 2001.
Political Science

That the World May Know

Bearing Witness to Atrocity

Author: James Dawes

Publisher: Harvard University Press

ISBN: 0674030273

Category: Political Science

Page: 304

View: 5212

What can we do to prevent more atrocities from happening in the future, and to stop the ones that are happening right now? That the World May Know tells the powerful and moving story of the successes and failures of the modern human rights movement. Drawing on firsthand accounts from fieldworkers around the world, the book gives a painfully clear picture of the human cost of confronting inhumanity in our day.
Political Science

Let Me Be a Refugee

Administrative Justice and the Politics of Asylum in the United States, Canada, and Australia

Author: Rebecca Hamlin

Publisher: Oxford University Press

ISBN: 0199373329

Category: Political Science

Page: 240

View: 5969

International law provides states with a common definition of a "refugee" as well as guidelines outlining how asylum claims should be decided. Yet even across nations with many commonalities, the processes of determining refugee status look strikingly different. This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations: the United States, Canada, and Australia. Though they exhibit similarly high levels of political resistance to accepting asylum seekers, refugees access three very different systems-none of which are totally restrictive or expansive-once across their borders. These differences are significant both in terms of asylum seekers' experience of the process and in terms of their likelihood of being designated as refugees. Based on a multi-method analysis of all three countries, including a year of fieldwork with in-depth interviews of policy-makers and asylum-seeker advocates, observations of refugee status determination hearings, and a large-scale case analysis, Rebecca Hamlin finds that cross-national differences have less to do with political debates over admission and border control policy than with how insulated administrative decision-making is from either political interference or judicial review. Administrative justice is conceptualized and organized differently in every state, and so states vary in how they draw the line between refugee and non-refugee.