The Right to Asylum: Britain's 1905 Aliens Act and the Evolution of Refugee Law

2014 ◽  
Vol 32 (2) ◽  
pp. 309-350 ◽  
Author(s):  
Alison Bashford ◽  
Jane McAdam

From the 1880s, states and self-governing colonies in North and South America, across Australasia, and in southern Africa began introducing laws to regulate the entry of newly defined “undesirable immigrants.” This was a trend that intensified exclusionary powers originally passed in the 1850s to regulate Chinese migration, initially in the context of the gold rushes in California and the self-governing colony of Victoria in Australia. The entry and movement of other populations also began to be regulated toward the end of the century, in particular the increasing number of certain Europeans migrating to the United States. It is perhaps unsurprising, then, that Britain followed this legal trend with the introduction of the 1905 Aliens Act, although it was a latecomer when situated in the global context, and certainly within the context of its own Empire. The Aliens Act was passed in response to the persecution of Eastern European Jews and their forced migration, mainly from the Russian Empire into Britain. It defined for the first time in British law the notion of the “undesirable immigrant,” criteria to exclude would-be immigrants, and exemptions from those exclusions. The Aliens Act has been analyzed by historians and legal scholars as an aspect of the history of British immigration law on the one hand, and of British Jewry and British anti-Semitism on the other. Exclusion based on ethnic and religious grounds has dominated both analyses. Thus, the Act has been framed as the major antecedent to Britain's more substantial and enduring legislative moves in the 1960s to restrict entry, regulate borders, and nominate and identify “undesirable” entrants effectively (if not explicitly) on racial grounds.

1999 ◽  
Vol 26 (3) ◽  
pp. 355-382
Author(s):  
Cristina Altman

Summary When mention is made of Brazil in connection with American linguistics, it usually amounts to a reference to the Linguistic Circle of New York, where Roman Jakobson (1896–1982) and Claude Lévi-Strauss (b.1908), who had come from Brazil where he had done ethnological work, met and exchanged ideas. This singular event has cast a shadow on other contacts between Brazil and American linguistics, of which, the one between Jakobson and the Brazilian linguist Joaquim Mattoso Câmara (1904–1970) was much more consequential, at least as far as the implementation of structural linguistics in Brazil and in South America generally during the 1950s and the 1960s is concerned. Mattoso Câmara came to the United States and spent most of his time in New York City (September 1943 till April 1944), where he got exposure to Praguean type structuralism, notably through Jakobson’s lectures he attended at Columbia University and at the École Libre of New York, which had been established by European refugees at the time. He also participated in the first meetings of the Linguistic Circle of New York in 1943 as one of its co-founders. Following his return to Rio de Janeiro, Mattoso Câmara proposed, in 1949, as his doctoral thesis a phonemic description of Brazilian Portuguese. The work was published a few years later, in 1953. His most influential work, Princípios de Lingüística Gerai, first published in 1954, had two more revised and updated editions (1958, 1967) and served to introduce several generations of Brazilian as well as other South American students to structural linguistics during the 1950s and 1960s.


Author(s):  
Andrea Botto Stuven

The Documentation Center of the Contemporary History of Chile (CIDOC), which belongs to the Universidad Finis Terrae (Santiago), has a digital archive that contains the posters and newspapers inserts of the anti-communist campaign against Salvador Allende’s presidential candidacy in 1964. These appeared in the main right-wing newspapers of Santiago, between January and September of 1964. Although the collection of posters in CIDOC is not complete, it is a resource of great value for those who want to research this historical juncture, considering that those elections were by far the most contested and conflicting in the history of Chile during the 20th Century, as it implicted the confrontation between two candidates defending two different conceptions about society, politics, and economics. On the one hand, Salvador Allende, the candidate of the Chilean left; on the other, Eduardo Frei, the candidate of the Christian Democracy, coupled with the traditional parties of the Right. While the technical elements of the programs of both candidates did not differ much from each other, the political campaign became the scenario for an authentic war between the “media” that stood up for one or the other candidate. Frei’s anticommunist campaign had the financial aid of the United States, and these funds were used to gather all possible resources to create a real “terror” in the population at the perspective of the Left coming to power. The Chilean Left labeled this strategy of using fear as the “Terror Campaign.”


2011 ◽  
Vol 36 (02) ◽  
pp. 537-559 ◽  
Author(s):  
Felicia Kornbluh

This essay examines recent scholarship on the legal history of sexuality in the United States. It focuses on Margot Canaday's The Straight State: Sexuality and Citizenship in Modern America (2009) and Marc Stein's Sexual Injustice: Supreme Court Decisions from Griswold to Roe (2010). It also reviews recent work on the history of marriage, including Sarah Barringer Gordon's The Spirit of the Law: Religious Voices and the Constitution in Modern America (2010) and George Chauncey's Why Marriage? The History Shaping Today's Debate Over Gay Equality (2004), and the history of military law Defending America: Military Culture and the Cold‐War Court Martial (2005), by Elizabeth Lutes Hillman. The essay argues that this scholarship is significant because it offers a different view of sex and power than the one derived from the early writing of Michel Foucault. “Queer legal history” treats the liberalism of the 1960s‐1970s as sexually discriminatory as well as liberatory. It underlines the exclusions that were part of public policy under the federal G.I. Bill and the New Deal welfare state.


Author(s):  
Michael Schiltz

Japan’s experience with modern capitalism and finance is characterized by a remarkable combination of shocks and adaptation. After being steamrolled by Western institutions and financial technologies, the country attempted to retaliate against this intrusion. However, regaining financial sovereignty proved a protracted process of trial and error. In the 1880s and 1890s, under the auspices of Matsukata Masayoshi, Tokyo seemed to get it right. The establishment of the Bank of Japan and related institutions, on the one hand, and the adoption of the gold standard, on the other, appeared designed to lift Japan out of its peripheral status. In reality, however, they mostly served to emphasize its role as an enabler of the British-led international order. Only in the 1930s, during the worldwide Great Depression, would it break with this role, if only to find that its autonomy had been compromised from the very beginning. Japan’s disastrous loss in World War II drove the country into the arms of the newly arisen global hegemon: the United States. In the early 21st-century, Japan remains a linchpin in the still surviving American-led world order and the corollary “dollar standard.”


2020 ◽  
pp. viii-22
Author(s):  
Kenneth Kolander

The United States and Israel share an uneasy alliance. On the one hand, the two countries need each other. The United States provides Israel with vital military and political protection that ensures its place in the Middle East. Israel serves as a dependable and important ally for the United States in a turbulent region marked by a considerable amount of anti-Westernism. Many Americans feel a cultural connection to Israel and appreciate having a U.S. stronghold in the region. Many Israelis are deeply grateful for American help, especially given Europe’s history of anti-Semitism, and dread the thought of ever losing U.S. support....


Author(s):  
Ruslan Adamovich Muratov

Extension of globalization process to the world economy allows conducting the economic activity outside the country of tax residency. It also entailed the emergence of various types of incentives in some jurisdictions, for example, preferential tax regime or non-taxation. Questions related to international taxation are currently most acute. The use of foreign jurisdictions through controlled foreign companies reduces the state tax revenue. For counteracting abuse of the privilege by taxpayers, the rules of controlled foreign companies have been developed and implemented in over 30 countries. On the one hand, the countries accept these rules for preventing tax evasion, which can be changed due to various circumstances. On the other hand, there arise situations when such rules may worsen the situation of the taxpayer. This leads to abuse of the right of regulatory authorities in counteracting tax evasion. The controlled foreign companies (CFC) rules are aimed at determination of actual tax liability of the taxpayer, and do not pursue fiscal, political or other interests that worsen the conditions of the taxpayer.


2020 ◽  
Vol 102 ◽  
pp. 232-261
Author(s):  
Igor V. Omeliyanchuk

The present article examines the place of the Jewish question in the ideology of the monarchist (right-wing, “black hundred”) parties. In spite of certain ideological differences in the right-wing camp (moderate Rights, Rights and extreme Right-Wing), anti-Semitism was characteristic of all monarchist parties to a certain extent, in any case before the First World War. That fact was reflected in the party documents, resolutions of the monarchist congresses, publications and speeches of the Right-Wing leaders. The suggestions of the monarchists in solving the Jewish questions added up to the preservation and strengthening of the existing restrictions with respect to the Jewish population in the Russian Empire. If in the beginning the restrictions were main in the economic, cultural and everyday life spheres, after the convocation of the State Duma the Rights strived after limiting also the political rights of the Jewish population of the Empire, seeing it as one of the primary guarantees for autocracy preservation in Russia, that was the main political goal of the conservatives.


Daedalus ◽  
2012 ◽  
Vol 141 (1) ◽  
pp. 89-100
Author(s):  
Linda K. Kerber

The old law of domestic relations and the system known as coverture have shaped marriage practices in the United States and have limited women's membership in the constitutional community. This system of law predates the Revolution, but it lingers in U.S. legal tradition even today. After describing coverture and the old law of domestic relations, this essay considers how the received narrative of women's place in U.S. history often obscures the story of women's and men's efforts to overthrow this oppressive regime, and also the story of the continuing efforts of men and some women to stabilize and protect it. The essay also questions the paradoxes built into American law: for example, how do we reconcile the strictures of coverture with the founders' care in defining rights-holders as “persons” rather than “men”? Citing a number of court cases from the early days of the republic to the present, the essay describes the 1960s and 1970s shift in legal interpretation of women's rights and obligations. However, recent developments – in abortion laws, for example – invite inquiry as to how full the change is that we have accomplished. The history of coverture and the way it affects legal, political, and cultural practice today is another American narrative that needs to be better understood.


Istoriya ◽  
2021 ◽  
Vol 12 (11 (109)) ◽  
pp. 0
Author(s):  
Vladimir Pechatnov

Based on previously unearthed documents from the Russia’s State Historical Archive and the Archive of Foreign Policy of the Russian Empire the article explores the history of the first Russian Orthodox parish in New York City and construction of Saint-Nickolas Russian Orthodox Cathedral in the city. It was a protracted and complicated interagency process that involved Russian Orthodox mission in the United States, Russia’s Foreign Ministry and its missions in the United States, the Holy Governing Synod, Russia’s Ministry of Finance and the State Council. The principal actors were the bishops Nicholas (Ziorov) and especially Tikhon (Bellavin), Ober-Prosecutor of the Holy Governing Synod Konstantine Pobedonostsev and Reverend Alexander Khotovitsky. This case study of the Cathedral history reveals an interaction of ecclesiastical and civil authorities in which private and civic initiative was combined with strict bureaucratic rules and procedures.


Author(s):  
Terry L. Birdwhistell ◽  
Deirdre A. Scaggs

Since women first entered the University of Kentucky (UK) in 1880 they have sought, demanded, and struggled for equality within the university. The period between 1880 and 1945 at UK witnessed women’s suffrage, two world wars, and an economic depression. It was during this time that women at UK worked to take their rightful place in the university’s life prior to the modern women’s movement of the 1960s and beyond. The history of women at UK is not about women triumphant, and it remains an untidy story. After pushing for admission into a male-centric campus environment, women created women’s spaces, women’s organizations, and a women’s culture often patterned on those of men. At times, it seemed that a goal was to create a woman’s college within the larger university. However, coeducation meant that women, by necessity, competed with men academically while still navigating the evolving social norms of relationships between the sexes. Both of those paths created opportunities, challenges, and problems for women students and faculty. By taking a more women-centric view of the campus, this study shows more clearly the impact that women had over time on the culture and environment. It also allows a comparison, and perhaps a contrast, of the experiences of UK women with other public universities across the United States.


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