Immigration

2020 ◽  
pp. 393-410
Author(s):  
David Miller
Keyword(s):  
Immigration Policy ◽  
Political Community ◽  
Freedom Of Association ◽  
Human Right ◽  
The Earth ◽  
The Right ◽  
High Level ◽  
Border Controls ◽  
Ownership Rights ◽  
Two Sides

This chapter analyzes the debate between advocates of open borders and defenders of the state’s right to control immigration. It examines four arguments for the former view. (1) As common owners of the earth, everyone has the right to enter any part of it. (2) Equality of opportunity at global level requires that people should be free to move between countries. (3) There is a human right to immigrate to any country one chooses. (4) States cannot coercively exclude immigrants unless they also allow them to participate democratically in the making of immigration policy. It then considers four arguments that can be used to justify border controls. (1) Citizens have a right to freedom of association that includes the right not to associate with unwanted others. (2) Distributive justice presupposes a cultural community, the protection of which requires selective admission. (3) Stronger forms of democracy demand a high level of trust among citizens, which increased diversity may threaten. (4) Members of a political community have ownership rights over its collective assets, access to which requires their permission. It concludes by noting areas of convergence between the two sides in this apparently polarized debate.

Immigration and Democracy

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Political Theory ◽  
Immigration Policy ◽  
Political Community ◽  
Human Right ◽  
Freedom Of Movement ◽  
Immigration Control ◽  
Open Borders ◽  
Democratic Societies ◽  
Family Based ◽  
The Right

Immigration and Democracy develops an intermediate ethical position on immigration between closed borders and open borders. It argues that states have the right to control borders, but this right is qualified by an obligation to assist those outside their borders. In democratic societies, the right of immigration control must also be exercised in ways that are consistent with democratic values. Part I explores the normative grounds of the modern state’s power over immigration found in US immigration law and in political theory. It argues for a qualified, not absolute, right of states to control immigration based on a particular interpretation of the value of collective self-determination. Part II considers the case for open borders. One argument for open borders rests on the demands of global distributive justice; another argument emphasizes the value of freedom of movement as a fundamental human right. The book argues that both arguments fall short of justifying open borders. Part III turns to consider the substance of immigration policy for democratic societies. What kind of immigration policies should democratic societies adopt? What is required is not closed borders or open borders but controlled borders and open doors. Open to whom? The interests of prospective migrants must be weighed against the interests of the political community. Specific chapters are devoted to refugees and other necessitous migrants, family-based immigration, temporary worker programs, discretionary admissions, and what is owed to noncitizen residents, including unauthorized migrants living in the territory of democratic states.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

Simulation and Implementation of HLA-Based Branch Predictor of Multi-Pipeline Processor

2012 ◽  
Vol 204-208 ◽  
pp. 4952-4957
Author(s):  
Ji Hua Ye ◽  
Qi Xie ◽  
Yao Hong Xiahou
Keyword(s):  
Simulation System ◽  
New Method ◽  
High Level Architecture ◽  
Hit Rate ◽  
Branch Predictor ◽  
The Right ◽  
High Level ◽  
Two Sides

Researched how the multi-pipeline processor accelerates the running of thread ,found that when the branch predictor facing the random branch instruction, the hit rate will become very low, so bring out a new method that using the free pipeline to accelerate the running of branch instruction. If the right prediction from branch predictor is less than 70% and there is a free pipeline, then using two pipelines to run the two sides of a branch instruction at the same time. In order to test the new method, the HLA (High Level architecture) architecture-based simulation system is established, the results show that the new method can really reduce the time when processing the random branch instructions.

scholarly journals REGULATION OF LAND OWNERSHIP FOR FOREIGN CITIZENS IN INDONESIA FROM AGRARIAN LAW PERSPECTIVE

2021 ◽  
Vol 3 (01) ◽  
pp. 69-81
Author(s):  
Nur Hairul Hari Yanto ◽  
Muhammad Nasarudin
Keyword(s):  
Property Rights ◽  
Land Ownership ◽  
Men And Women ◽  
The Earth ◽  
Agrarian Law ◽  
The Right ◽  
Ownership Rights

In the agrarian system, Article 21 paragraph 1 of the Basic Agrarian Law states that only Indonesian citizens have property rights. One of the examples of ownership rights is the right to land ownership or those that may have a relationship with the earth and space without differentiating between men and women as well as fellow Indonesian citizens, both native and descendants.

A.I. Solzhenitsyn's Publicism of 1960–1970-ies in the Context of the Debates on the Nation and Ethnic Issues

2019 ◽  
Vol 66 ◽  
pp. 276-288
Author(s):  
Alexey B. Panchenko
Keyword(s):  
National Policy ◽  
Political Community ◽  
Self Determination ◽  
Literary Language ◽  
Soviet People ◽  
Key Points ◽  
The Common ◽  
The Right ◽  
High Level

Article is devoted to the analysis of A.I. Solzhenitsyn’s views on the phenomenon of nation and ethnic issue, which were reflected in his publications in 1960–1970-ies. At that time Soviet theories of nation and ethnos were taking shape and on their basis the national policy of creating of the new historical community – the Soviet people, – was pursued. Those questions were actively discussed by dissidents and emigrants. That’s why Solzhenitsyn's publications are considered in this article in the context of those discussions and on the basis of the performed analysis the following points can be singled out. Solzhenitsyn linked the existence of nation with the development of the living literary language, but language was not one of the markers of nation. Each nation is the personality of high level, which is manifested in individuals, each of whom embodies the whole nation. And preservation of national variety is the condition of further mankind development. It follows that the task of preserving the Russian nation against its transformation into the Soviet people is very important. Therefore differentiation of «Russian» and «Soviet» becomes one of the key points in Solzhenitsyn's publicism. The common issue in Solzhenitsyn's works and the concurrently held debates was their failure to see the nation as political community of citizens. In general Solzhenitsyn's views can be described as consistent Russian nationalistic while he recognized the right of all nations on self-determination.

The Right to Strike and Pre-Strike Ballot Requirements in International Law

2020 ◽  
pp. 41-59
Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston
Keyword(s):  
International Law ◽  
Standard Setting ◽  
Freedom Of Association ◽  
International Labour Organisation ◽  
Human Right ◽  
International Recognition ◽  
Nation States ◽  
Social Interests ◽  
The Right ◽  
Labour Organisation

The book is underpinned by the assumption that the right to strike to promote or to protect the individual’s economic and social interests is a universally recognized human right, either standing on its own, or as part of the principle of freedom of association. This is reflected in the fact that the right to strike is, directly or indirectly, afforded protection by major international standard-setting instruments, and in the constitutions of many nation states. This chapter outlines the international recognition of the right to strike, with particular reference to the jurisprudence of the supervisory bodies of the International Labour Organisation. This includes consideration of the extent to which access to the right to strike can properly be conditioned by pre-requisites such as pre-strike ballot requirements.

Zugehörigkeit als Menschenrecht

2021 ◽  
Vol 2021 (2) ◽  
Author(s):  
Niels Weidtmann
Keyword(s):  
Political Community ◽  
Human Right ◽  
Regulative Idea ◽  
The World ◽  
The Individual ◽  
The Right

Based on her own experience of long years of statelessness, Arendt demands that the right of the individual to belong to a political community be recognized as the only human right. However, while the »right to have rights« can serve as a regulative idea, belonging that respects an individual’s personhood can neither be decreed nor granted but must have constitutive meaning for the individual. In the article, belonging therefore is described as different ways of a human’s being-in-the-world or simply as different ways of experience.

Sexual Consent and Human Rights

2010 ◽  
Vol 4 (2) ◽  
pp. 99-102
Author(s):  
Helmut Graupner
Keyword(s):  
Human Rights ◽  
Criminal Responsibility ◽  
Sexual Consent ◽  
Human Right ◽  
Sexual Autonomy ◽  
Age Of Consent ◽  
European Court ◽  
The One ◽  
The Right ◽  
Two Sides

The basic human right to sexual autonomy and self‐determination encompasses two sides: it enshrines both the right to engage in wanted sexuality on the one hand, and the right to be free and protected from unwanted sexuality, from sexual abuse and sexual violence on the other. This concept elaborated by the European Court of Human Rights, in the light of European legal consensus, suggests that the age of consent for sexual relations (outside of relationships of authority and outside of pornography and prostitution) should be set between 12 and 16 years. In any event the age of criminal responsibility should be the same as the age of sexual consent.

scholarly journals Da Necessidade da Ratificação da Convenção n. 87 OIT pelo Brasil

REVISTA PLURI ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 223
Author(s):  
Elessandra Dos Santos Marques Válio
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Fundamental Rights ◽  
Freedom Of Association ◽  
Human Right ◽  
Public Authorities ◽  
Federal Constitution ◽  
De Se ◽  
The Right ◽  
International Document

O presente estudo tem por escopo demonstrar a necessidade da ratificação da Convenção n. 87 da OIT que reza a liberdade sindical e a proteção ao direito de sindicalização, haja vista que vivemos em um Estado Democrático de Direito, sendo assim, é de se pressupor a valoração de direitos fundamentais, como a liberdade sindical. Embora o Brasil seja signatário da aludida Convenção, ficamos obstados de ratificá-la devido a limitações impostas pela Constituição Federal vigente, que nos impõe a unicidade sindical por categoria e a contribuição sindical compulsória, de modo a obstar a universalização do princípio da liberdade sindical. A Convenção n. 87 é o mais importante documento internacional sobre liberdade sindical em virtude de sua especificidade e abrangência, haja vista que ela visa garantir a liberdade sindical em face aos poderes públicos. A liberdade sindical pressupõe assegurar um direito humano, e deve ser dada a empregados e empregadores a opção para se organizar livremente sem quaisquer intervenções do Estado, e gozar dessa ampla liberdade pressupõe poder filiar-se e manter-se filiado aos sindicatos, desde que haja um interesse das partes. A liberdade sindical no Brasil pressupõe a ratificação da Convenção n. 87 da OIT.Palavras-chave: direito sindical; liberdade sindical; reforma sindical.AbstractThe purpose of this study is to demonstrate the need for ratification of Convention n. 87, which provides for freedom of association and the right to organize protection, given that we live in a Democratic Governance and Rule of Law, fundamental rights, such as freedom of association, must be considered. Although Brazil is a signatory to the aforementioned Convention, we have been unable to ratify it due to limitations imposed by the current Federal Constitution, which imposes union unity by category and compulsory union contribution, in order to prevent universalization of freedom of association principle. Convention n. 87 is the most important international document on freedom of association because of its specificity and scope, since it aims to guarantee freedom of association vis-à-vis public authorities. Freedom of association presupposes ensuring a human right, and employees and employers should be given the option to organize freely without any intervention by the State, and to enjoy this broad freedom presupposes being able to join and remain affiliated to trade unions, provided there is interest of the parties. Freedom of association in Brazil presupposes the ratification of Convention 87.Keywords: trade union rights; freedom of association; trade union reform.

scholarly journals Towards a Just Institutional Order: A Commentary on the First Session of the UN Task Force on the Right to Development

2005 ◽  
Vol 23 (3) ◽  
pp. 409-438 ◽  
Author(s):  
Margot E. Salomon
Keyword(s):  
Human Rights ◽  
International Development ◽  
Task Force ◽  
International Economic Order ◽  
Human Right ◽  
Trade Offs ◽  
Right To Development ◽  
The Right ◽  
High Level ◽  
First Session

A novel mechanism that brings together human rights experts with the representatives of the international development, finance and trade institutions was recently established within the United Nations (UN) under the auspices of the Working Group on the Right to Development. At its first session, this High-Level Task Force adopted a range of recommendations on challenges to the Millennium Development Goals and on the importance of human rights impact assessments. In so doing, it took some initial steps towards integrating the international law of human rights, including the framework provided by the 1986 UN Declaration on the Right to Development, into the priority areas of these other international actors. The aim of this commentary is to provide insight into the conclusions adopted by the Task Force and to highlight the contribution of the human right to development to the topics under its consideration. It also seeks to reflect on the significance of human rights law to issues that were tabled, such as, accountability for human rights at the international level, international cooperation, economic growth, and trade-offs in the allocation of resources. In concluding that the Task Force must face head on the impediments to the realisation of human rights posed by the institutional arrangements for the governance of the international economic order, the article ends by offering suggestions for its future work.

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