Part I International Refugee Law— Reflections on the Scholarly Field, Ch.8 The Intersection of International Refugee Law and International Statelessness Law

2021 ◽  
Author(s):  
van Waas Laura
Keyword(s):  
First Century ◽  
Forced Displacement ◽  
Refugee Protection ◽  
Refugee Law ◽  
Durable Solutions ◽  
Twenty First Century ◽  
International Refugee Law ◽  
The Relationship ◽  
Insight Into ◽  
Stateless Person

This chapter focuses on the intersection of international refugee law and international statelessness law. While refugee law, policy, doctrine, and research evolved, it was not until after the turn of the twenty-first century that international statelessness law started to draw much attention and to begin to emerge as a field of its own. As global interest in statelessness grows, the interaction between statelessness and forced displacement has also come back under the spotlight. Thus, the chapter provides an insight into the relationship between statelessness and forced displacement. It starts by unpacking how statelessness can manifest itself as a cause or consequence of displacement, as well as how statelessness can be a complicating factor for refugee protection and durable solutions. The chapter then offers a brief overview of key norms relating to the protection of stateless persons and the prevention and resolution of statelessness, setting out the contours of international statelessness law. It also looks at the implications of the statelessness–displacement nexus by exploring the conceptual and practical questions that arise when a refugee is also stateless, and when a stateless person is also a refugee.

scholarly journals “It Is Better to Be a Refugee Than a Turkana in Kakuma”: Revisiting the Relationship between Hosts and Refugees in Kenya

Refuge ◽  
1969 ◽  
pp. 73-83
Author(s):  
Ekuru Aukot
Keyword(s):  
Negative Impact ◽  
Local Economy ◽  
Refugee Protection ◽  
Refugee Law ◽  
Local Integration ◽  
International Refugee Law ◽  
International Instruments ◽  
International Conventions ◽  
The Relationship ◽  
Host Relations

The article echoes stories and perceptions of the hosts to the refugees in their day-to-day relations in Kakuma refugee camp with little emphasis on academic abstraction of refugee protection contained in international instruments but rather on the realities on the ground. It is argued that good refugee-host relations enhance refugees’ enjoyment of their rights under the international conventions and promote local integration. The article discusses areas of conflict between refugees and their hosts and how these factors endanger refugees’ physical protection, and it echoes the hosts’ solutions to the conflicts. The failure of local integration is attributed to poor refugee-host relations. Consequently, it is argued that even the enactment of refugee specific legislation “that would give force” to the international conventions will not necessarily improve refugees’ enjoyment of their rights as long as, through a practice of selective compassion by humanitarian agencies and international refugee law, refugees are targeted for assistance without regard to the negative impact on the local economy and its residents.

Part II Sources, Ch.14 National Constitutions and Refugee Protection

2021 ◽  
Author(s):  
Lester Eve
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
Critical Dimension ◽  
Methodological Framework ◽  
Human Rights Law ◽  
Refugee Protection ◽  
Refugee Law ◽  
International Refugee Law ◽  
The Relationship

This chapter explores how national constitutional frameworks add a critical dimension to refugee protection. Given the variability in the protective value of national constitutions for refugees, it considers how States draw strength from their constitutions in response to refugee movements and why they do so in particular ways. The chapter seeks to elucidate some of the complexities in the relationship between constitutional law and international refugee and human rights law, considering the relevance of constitutional text and context, State perspectives on the place of international law, and the extent to which constitutional law has shaped, and continues to shape, international law. The chapter offers a taxonomy as a methodological framework for differentiating these complexities, which suggests that the relationship between constitutional law and international refugee law might be understood in one of three ways: as symbiotic, ambivalent, or antagonistic. It then applies this framework to three case studies. It suggests that this approach may help us to think more strategically about how to harness the protective possibilities of constitutional law as well as wrestle more productively with constitutional law’s limitations.

scholarly journals Politics and the Work of the Dead in Modern India

2018 ◽  
Vol 60 (1) ◽  
pp. 178-211 ◽  
Author(s):  
Chris Moffat
Keyword(s):  
First Century ◽  
Political Life ◽  
Unfinished Business ◽  
The Public ◽  
Revolutionary Violence ◽  
The Dead ◽  
Twenty First Century ◽  
The Relationship ◽  
Insight Into

AbstractThis article provides a framework for understanding the continuing political potential of the anticolonial dead in twenty-first-century India. It demonstrates how scholars might move beyond histories of reception to interrogate the force of inheritance in contemporary political life. Rather than the willful conjuring of the dead by the living, for a politics in the present, it considers the more provocative possibility that the dead might themselves conjure politics—calling the living to account, inciting them to action. To explicate the prospects for such an approach, the article traces the contested afterlives of martyred Indian revolutionary Bhagat Singh (1907–1931), comparing three divergent political projects in which this iconic anticolonial hero is greeted as interlocutor in a struggle caught “halfway.” It is this temporal experience of “unfinished business”—of a revolution left incomplete, a freedom not yet perfected—that conditions Bhagat Singh's appearance as a contemporary in the political disputes of the present, whether they are on the Hindu nationalist right, the Maoist student left, or amidst the smoldering remains of Khalistani separatism in twenty-first-century Punjab. Exploring these three variant instances in which living communities affirm Bhagat Singh's stake in the struggles of the present, the article provides insight into the long-term legacies of revolutionary violence in India and the relationship between politics and the public life of history in the postcolonial world more generally.

Part V The Scope of Refugee Protection, Ch.43 Protecting Refugees with Disabilities

2021 ◽  
Author(s):  
Crock Mary
Keyword(s):  
Human Populations ◽  
Persons With Disabilities ◽  
Left Behind ◽  
Refugee Protection ◽  
Refugee Law ◽  
Law And Policy ◽  
Reasonable Accommodations ◽  
Durable Solutions ◽  
International Refugee Law ◽  
Definition Of

This chapter evaluates the law and policy concerning persons with disabilities displaced as refugees, beginning with a broad survey of international legal and policy frameworks. It is accepted as axiomatic that events producing refugees are a major cause of death and disability in vulnerable human populations. Counterintuitively, however, statistical data collected by both national and United Nations agencies, including UNHCR, has traditionally identified only very small numbers of refugees as having disabilities. The supposition seems to have been that persons with disabilities are not able to travel and that these individuals are most likely to be left behind to perish or otherwise suffer the slings and arrows of fate and misfortune. Research in more recent times has revealed such assumptions about the mobility of refugees with disabilities to be patently false. The chapter then looks at the intersections between refugee law and human rights laws, examining how key elements of the definition of refugee should apply to persons with disabilities. It also addresses the procedural implications of requirements that ‘reasonable accommodations’ be made in status determinations and treatment of refugees with disabilities. Finally, the chapter comments on durable solutions for refugees with disabilities and the future impact of the UN Convention on the Rights of Persons with Disabilities on international refugee law and policy.

Regional Human Rights Law

2018 ◽  
Author(s):  
Marina Sharpe
Keyword(s):  
Human Rights ◽  
Final Section ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Review Of The Literature ◽  
Legal Regime ◽  
Refugee Protection ◽  
Refugee Law ◽  
International Refugee Law ◽  
The Relationship

Chapter 5 begins with a review of the literature on the relationship between international human rights law and international refugee law, which charts the evolution of human rights in refugee protection. Section C then goes on to address regional human rights law, beginning with the African Charter overall, followed by its provisions of particular relevance to refugees, in terms of both non-refoulement and asylum and rights during exile. This is followed by surveys of relevant aspects of the Women’s Protocol and the Children’s Charter. Having articulated the human rights component of the regional legal regime for refugee protection, section D then goes on to analyse how it interacts with regional refugee law. A final section concludes.

scholarly journals Capitalism and democracy in the twenty-first century: does it still take two to tango?

2021 ◽  
pp. 1-7
Author(s):  
Matteo Marenco
Keyword(s):  
Political Power ◽  
Negative Relationship ◽  
First Century ◽  
Democratic Politics ◽  
Digital Capitalism ◽  
Global Power ◽  
Rise Of China ◽  
Science Question ◽  
Twenty First Century ◽  
The Relationship

Abstract This article reviews three books that offer thought-provoking insights on a central political science question, namely the relationship between capitalism and democracy in the twenty-first century. First, ‘Democracy and Prosperity’ by Iversen and Soskice posits a symbiotic relationship between capitalism and democracy. Advanced capital thrives on nationally rooted institutions, hence it needs democratic politics. A majority of voters ask for pro-advanced-capital reforms, hence democratic politics needs advanced capital. Second, ‘Capitalism, Alone’ by Milanovic depicts a troubled coexistence between capitalism and democracy. The former's tendency to concentrate economic and political power in the hands of the few is the main reason why democratic politics is under pressure. Third, ‘The Age of Surveillance Capitalism’ by Zuboff suggests a negative relationship between digital capitalism and democracy. Surveillance capitalism increasingly acts as a control means of individuals' behaviour, which undermines democracy at its roots. The last section brings the three contributions together. It maintains that a mutually beneficial coexistence between capitalism and democracy currently faces both internal (from within) and external (from without) challenges. In line with Milanovic and Zuboff, it argues that the concentration of economic and political power in the hands of the few is the most apparent from-within challenge. Drawing on Milanovic, it contends that rise of China as a global power combining capitalism with non-democracy challenges the relationship between capitalism and democracy from without. Finally, it contends that the environmental question and the pandemic represent two windows of opportunity for democracy to recover lost ground and re-establish a more balanced relationship with capitalism.

The Younghusband-Waddell Collection and Its People: the Social Life of Tibetan Books Gathered in a Late-colonial Enterprise

Inner Asia ◽  
2012 ◽  
Vol 14 (1) ◽  
pp. 131-171
Author(s):  
Hildegard Diemberger
Keyword(s):  
Digital Technology ◽  
Social Life ◽  
First Century ◽  
The Political ◽  
Academic Institutions ◽  
Cultural Biography ◽  
The Social ◽  
Twenty First Century ◽  
New Perspective ◽  
Insight Into

AbstractIn this paper I follow the social life of the Tibetan books belonging to the Younghusband-Waddell collection. I show how books as literary artefacts can transform from ritual objects into loot, into commodities and into academic treasures and how books can have agency over people, creating networks and shaping identities. Exploring connections between books and people, I look at colonial collecting, Orientalist scholarship and imperial visions from an unusual perspective in which the social life and cultural biography of people and things intertwine and mutually define each other. By following the trajectory of these literary artefacts, I show how their traces left in letters, minutes and acquisition documents give insight into the functioning of academic institutions and their relationship to imperial governing structures and individual aspirations. In particular, I outline the lives of a group of scholars who were involved with this collection in different capacities and whose deeds are unevenly known. This adds a new perspective to the study of this period, which has so far been largely focused on the deeds of key individuals and the political and military setting in which they operated. Finally, I show how the books of this collection have continued to exercise their attraction and moral pressure on twenty-first-century scholars, both Tibetan and international, linking them through digital technology and cyberspace.

Temporal Emotions and Historical Vulnerability: Music as a Vehicle of Ideology in Cold War and Peste Noire

2021 ◽  
Vol 5 (1) ◽  
pp. 87-102
Author(s):  
Louise D’Arcens
Keyword(s):  
Cold War ◽  
Middle Ages ◽  
White Supremacy ◽  
First Century ◽  
White People ◽  
Black Metal ◽  
Ideological Differences ◽  
Twenty First Century ◽  
The Relationship

Abstract This essay focuses on the Polish film Cold War and the oeuvre of the French nationalist black metal band Peste Noire, examining them as twenty-first-century texts that disclose music’s capacity to solicit emotion in the service of ideology. Despite their aesthetic and ideological differences, each text demonstrates the importance of temporal emotions – that is, emotions that register a heightened sense of the relationship between present, past and future. Each text portrays these emotions’ ideological significance when attached to ideas of a national past. Dwelling on Peste Noire’s racist-nationalist use of the medieval past, the essay explores music as a medium for emotional performances in which white people appear to convey vulnerability while actually reconfirming white supremacy. Peste Noire’s idiosyncratic performance of aggressive vulnerability is a temporal emotion that self-consciously lays claim to a long emotional tradition reaching back to the French Middle Ages.

Messiah with the Microphone? Oral Historians, Technology, and Sound Archives

2012 ◽  
Author(s):  
Robert B. Perks
Keyword(s):  
Oral History ◽  
First Century ◽  
The Internet ◽  
Digital Audio ◽  
Digital Revolution ◽  
The World ◽  
Technological Skills ◽  
Twenty First Century ◽  
The Relationship

For decades, oral historians and their tape recorders have been inseparable, but it has also been an uneasy marriage of convenience. The recorder is both our “tool of trade” and also that part of the interview with which historians are least comfortable. Oral historians' relationship with archivists has been an uneasy one. From the very beginnings of the modern oral history movement in the 1940s, archivists have played an important role. The arrival of “artifact-free” digital audio recorders and mass access via the Internet has transformed the relationship between the historian and the source. Accomplished twenty-first-century oral history practitioners are now expected to acquire advanced technological skills to capture, preserve, analyze, edit, and present their data to ever larger audiences. The development of oral history in many parts of the world was influenced by the involvement of sound archivists and librarians. Digital revolution in the present century continues to influence oral history.

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