Daily Archives: Sunday, December 14, 2014

ToC Alert: Int J Refugee Law Table of Contents for December 1, 2014; Vol. 26, No. 4

Articles

The Contemporary International Law Status of the Right to Receive Asylum
William Thomas Worster
Int J Refugee Law 2015 26: 477-499
[Abstract]

The Safe Country of Origin Concept in European Asylum Law: Past, Present and Future
Matthew Hunt
Int J Refugee Law 2015 26: 500-535
[Abstract]

UNHCR’s Involvement with IDPs – ‘Protection of that Country’ for the Purposes of Precluding Refugee Status?
Bríd Ní Ghráinne
Int J Refugee Law 2015 26: 536-554
[Abstract]

Expanding Protection in Africa? Case Studies of the Implementation of the 1969 African Refugee Convention’s Expanded Refugee Definition
Tamara Wood
Int J Refugee Law 2015 26: 555-580
[Abstract]

Palestinian Refugees and the Syrian Uprising: Filling the Protection Gap during Secondary Forced Displacement
Noura Erakat
Int J Refugee Law 2015 26: 581-621
[Abstract]

Case Law

Febles v. Canada (Citizenship and Immigration) Supreme Court of Canada
Int J Refugee Law 2015 26: 622-654
[Extract]

Case BVerwG 10 C 7.13: German Federal Administrative Court
Int J Refugee Law 2015 26: 655-669
[Extract]

Matter of A-R-C-G- et al., Respondents
Int J Refugee Law 2015 26: 670-676
[Extract] [Full Text] [PDF] [Request Permissions]

FTZK v Minister for Immigration and Border Protection
Int J Refugee Law 2015 26: 677
[Extract]

Documents

Guidelines on Temporary Protection or Stay Arrangements
Int J Refugee Law 2015 26: 678-686
[Extract]

Statement by Volker Türk: Director of International Protection
Int J Refugee Law 2015 26: 687-699
[Extract]

Submissions of the Intervener: The Queen (on the Application of B) v The Director of the Legal Aid Casework
Int J Refugee Law 2015 26: 700-715
[Extract]

 

Book Reviews

Gender in Refugee Law. From the Margins to the Centre
Hannah Baumeister
Int J Refugee Law 2015 26: 716-718
[Extract]

Humanitarian Law in Action in Africa
Hannah Baumeister
Int J Refugee Law 2015 26: 719-720
[Extract]

European Asylum Law and the Rights of the Child
Helmut Sax
Int J Refugee Law 2015 26: 721-724
[Extract]

Protection of Refugees and Displaced Persons in the Asia Pacific Region
Ivan Shearer
Int J Refugee Law 2015 26: 724-727
[Extract]

The Ethics of Immigration
Dr Baerbel Heide Uhl
Int J Refugee Law 2015 26: 727-729
[Extract]

New Journal Articles (weekly)

  • “Much attention has focussed on the severity of the sentences imposed following the 2011 ‘summer rioting’ in England. The Court of Appeal confirmed that participation in a collective outbreak of disorder takes offending outside the sentencing guidelines. The position for sentencing riot-related offending in future is unclear, however, as the Court gave no indication of how to calibrate this departure, and the Sentencing Council has made offending during public disorder an aggravating factor only in its burglary guideline. This article explores new empirical evidence regarding the sentences imposed in Manchester, together with national Ministry of Justice data, to demonstrate for the first time how this ‘uplift’ effect was a feature throughout the criminal process, from arrest to sentence. “

    tags:newjournalarticles

  • “The riots of 2011 arguably represent the most significant civil disorder on the British mainland in at least a generation. Over four days, there were five deaths, injuries to dozens of police officers and civilians and damage to property running into the tens of millions of pounds. Commentators writing in the aftermath of the riots have pointed both to what are taken to be unusual aspects of the 2011 disorders—the role of gangs, the nature and extent of looting and use of social media among others—as well as some of the parallels with previous riots. In placing the 2011 riots in their recent historical context, this article outlines a model for structuring comparative analysis of disorder and then moves on to consider some of the similarities between 2011 and riots in the post-war period, concluding by identifying four significant points of departure. “

    tags:newjournalarticles

  • “An examination of recent scholarly criminological literature concerning British Muslim reveals dominant discursive themes of victimization, discrimination and demonization and a highly politicized discourse, often rhetorical in nature and seldom supported by empirical evidence. Where such evidence is adduced, criminologists rely predominantly on limited qualitative research designs and small non-representative sample sizes. This article presents analysis of British Crime Survey/Crime Survey of England and Wales data and argues that quantitative findings highlight the need for a more nuanced criminological picture of British Muslim communities. It is argued that criminologists should place renewed focus on household crime, the effects of socio-economic factors, crimes involving non-physical forms of violence and Muslim respondents who report positive attitudes towards the police. “

    tags:newjournalarticles

  • “The article critically examines the peculiar co-existence of the securitization of the border and the growing presence and prominence of human rights and humanitarian ideals in border policing practices. Concretely, it focuses on Frontex, the agency tasked with management of EU’s external borders. Based on interviews with Frontex officials and border guard officers, and on the analysis of relevant policy documents and official reports, the article explores what may come across as a discrepancy between the organization’s activities and its public self-presentation. The objective is to provide an insight into the complex and volatile relationship between policing and human rights, which marks contemporary migration control as well as mundane forms of professional and personal self-understanding. “

    tags:newjournalarticles

  • “Most people are unable to accurately estimate the number of immigrants in their country. Nonetheless, it has been argued that the size of the immigrant population would affect people’s immigration attitudes. Part of the effect of immigration on attitudes occurs not so much because of real immigration figures, but rather because of media reporting about immigration. In this study, negative attitudes towards immigration are explained by investigating the impact of the salience and the tone of immigration topics in the news media vis-à-vis the impact of immigration statistics. The cases of Denmark and the Netherlands are analysed for a period from 2003 to 2010, using a multilevel design. Overall, real-world immigration numbers have little impact. The tone of news coverage has an effect in the Netherlands: a positive tone reduces negativity towards immigration, while a negative tone does not increase negativity. We cautiously conclude that the longevity of the issue’s salience has a moderating effect. “

    tags:newjournalarticles

  • “This article examines the extent to which transitional justice should address corruption in terms of both theory and practice. Examining the Kenyan Truth, Justice and Reconciliation Commission and the Tunisian Truth and Dignity Commission, the author highlights the important role of truth commissions in shaping the public narrative so as to reflect the devastating impact of corruption on human rights. However, given the inherent limitations of truth-telling and truth-seeking processes, combined with the coexistence of the anti-corruption ‘industry,’ it is essential to establish clear boundaries and adopt an approach that complements, rather than duplicates, parallel processes. “

    tags:newjournalarticles

  • “There has been much theorizing, but little empirical exploration, of the relationship between transitional justice (TJ) and economic structures. In this article, we articulate three models implicit in present studies: TJ as a roadblock to economic growth; TJ as a bridge to human development; and TJ as a vehicle of inequality. We then perform a plausibility probe of these models using a new cross-national dataset of human rights prosecutions, truth commissions and reparations. We find that TJ is correlated with both increasing inequality and human development, while it appears unrelated to economic growth. In order to clarify the nature of these relationships, we examine the case of Argentina. We conclude that TJ, while perhaps a byproduct of global inequalities across countries, does not necessarily contribute to the expansion of aggregate inequality within specific countries. In fact, it might provide some tools for resisting economic abuses. “

    tags:newjournalarticles

  • “This article uses the example of a failed project, whose aim was to achieve consensus around constructing a memorial at the former Omarska camp in Bosnia and Herzegovina, to illustrate some of the dangers of transitional justice interventions involving victims of dislocation and violence, as well as the potential for hidden harms. It is based on nine years of ethnographic research into a small returnee community in Kozarac, in the municipality of Prijedor. Well-intentioned as the project undoubtedly was, it had unintended consequences for the social relations of the local community. Like other internationally led initiatives, it can be argued that it helped reinforce a victim-perpetrator dynamic that prevented rather than assisted progress. Although we cannot draw too many conclusions from one project, the issues highlighted by this initiative have been echoed on a smaller scale in much of the international involvement of transitional justice scholars and activists in the town since then. “

    tags:newjournalarticles

  • “This article investigates the evolution of the safe country of origin concept within the European legal framework and asks whether any country can ever be considered truly ‘safe’ in the context of refugee protection. Safe country of origin practices enable European countries to make generalised assumptions of safety and to reject asylum applications as ‘unfounded’ without complete or individualised examination procedures. This research looks at the early development of safe country practices by national governments and tracks their proliferation and eventual introduction to the Community legal order. It then focuses on the prolonged negotiation process for new procedural rules in the EU, culminating in the adoption of Directive 2012/32/EU, and questions whether the continued use of the safe country of origin concept represents a justified procedural aid as proponents insist. The concept has developed under European law in direct contravention of well established principles of judicial protection that are intended to guarantee the human rights of refugees entering Europe. Current regulations facilitate highly divergent procedural standards across the continent and allow for the widespread abuse of guaranteed rights. The article questions whether such practices can ever be human rights compliant, or whether discrimination and procedural abuse will continue in the future asylum framework, undermining the goal of fair and harmonised asylum procedures across the European Union. “

    tags:newjournalarticles

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