scholarly journals The Shafts of Strife and War: A Critical Analysis of the Immigration (Mass Arrivals) Amendment Bill

2012 ◽  
Vol 43 (4) ◽  
pp. 547 ◽  
Author(s):  
Christopher Foulkes

This article critically analyses the Immigration (Mass Arrivals) Amendment Bill 2012 currently before Parliament, which purports to deal with the potential mass arrival by sea of asylum seekers. The article first sets the legislation in its domestic and international law context as well as empirically comparing the changes with those recently enacted in Canada and Australia. The purported purposes of the legislation are examined by the article and it is seen that each of these are fraught with legal difficulties. Four major substantive changes the Bill would introduce are then outlined. In relation to the purposes of the legislation, New Zealand's domestic and international legal framework, and in comparison with similar regimes in Australia and Canada, this article concludes that the proposed New Zealand legislation is questionable in terms of both purpose and likely efficacy.

Author(s):  
Syafiq Sulaiman ◽  
Salawati Mat Basir ◽  
Abdul Majid Hafiz Mohamed ◽  
Muhammad Afiq Ahmad Tajuddin

This article examines two questions: first, whether the Malaysian law regarding admission of asylum-seekers into its territory is consistent with international law, and second, whether the asylum-seekers who are already residing in Malaysia can be deported back to their places of origins. In answering these questions, this article analyses the legal aspects of the right to seek asylum under international law and its relation to the rule on non-refoulement. Additionally, it also examines the relevant provisions in the Malaysian legislations that regulate the admission of non-citizens into the country. This study is doctrinal legal research which is qualitative. The data used in this research was collected from library-based resources. These data were then analysed by using methods of content analysis as well as critical analysis. The article found that there are inconsistencies between international law and Malaysian law in matters concerning asylum-seeker’s admission and those asylum-seekers in Malaysia should not be deported. Therefore, this study suggests that Malaysia should amend the provisions in the Immigration Acts 1959/1963 and the Passports Act 1966. However, if the amendment of these legislations is not practical, it suggests that the Minister in charge of immigration affairs to make an order of exemption to the asylum-seekers so that their entry at the border would not be denied. This article shows that despite states’ firm belief that they are entitled to use domestic law to deny the admission of asylum-seekers into their territory, international law provides a few mechanisms to remedy the legal loopholes.


2021 ◽  
pp. 1-25
Author(s):  
Sara Palacios-Arapiles

Abstract This article traces the contributions of African states to the development of international refugee law and explores the role African human rights supervisory bodies have played in the interpretation and application of this field of law. While Africa's contributions to international refugee law are often overlooked, this article sets out to identify Africa's involvement in the drafting process of the UN Refugee Convention and its 1967 Protocol. It also explores the legal framework for refugees in Africa, in particular the OAU Refugee Convention and the Bangkok Principles on Status and Treatment of Refugees, and the extent to which these two instruments have enriched international refugee law. The article argues that some of their provisions may provide evidence of customary rules of international law. Lastly, it examines some of the authoritative pronouncements made by African human rights supervisory bodies, in so far as they adopt a progressive approach to interpreting the rights of refugees and asylum-seekers.


2020 ◽  
Vol 25 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Amaia Del Campo ◽  
Marisalva Fávero

Abstract. During the last decades, several studies have been conducted on the effectiveness of sexual abuse prevention programs implemented in different countries. In this article, we present a review of 70 studies (1981–2017) evaluating prevention programs, conducted mostly in the United States and Canada, although with a considerable presence also in other countries, such as New Zealand and the United Kingdom. The results of these studies, in general, are very promising and encourage us to continue this type of intervention, almost unanimously confirming its effectiveness. Prevention programs encourage children and adolescents to report the abuse experienced and they may help to reduce the trauma of sexual abuse if there are victims among the participants. We also found that some evaluations have not considered the possible negative effects of this type of programs in the event that they are applied inappropriately. Finally, we present some methodological considerations as critical analysis to this type of evaluations.


Author(s):  
Asha Bajpai

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.


2020 ◽  
Vol 114 ◽  
pp. 102-113
Author(s):  
Obiora Chinedu Okafor

As Professor Jastram has noted, in and of itself, international refugee law is not explicit enough on the issue at hand. It is not clear enough in protecting persons who come in aid of, or show solidarity to, refugees or asylum-seekers. That does not mean, however, that no protections exist for them at all in other, if you like, sub-bodies of international law. This presentation focuses on the nature and character of those already existing international legal protections, as well as on any protection gaps that remain and recommendations on how they can be closed. It should be noted though that although the bulk of the presentation focuses on the relevant international legal protection arguments, this presentation begins with a short examination of the nature of the acts of criminalization and suppression at issue.


2015 ◽  
Vol 17 (3) ◽  
pp. 297-335
Author(s):  
Lawrence Li

Human space activities have grown rapidly in recent decades, but the international legal framework, comprising of the five space treaties, has largely remained unchanged since the 1980s. One of the consequences is that international responsibility and liability for space debris, which is a major hazard to space activities, have also remained uncertain for years. Nonetheless, States have responded to these problems by implementing national voluntary measures. More importantly, two major non-binding international instruments have been laid down by the Inter-Agency Space Debris Coordination Committee and the United Nations Committee on the Peaceful Uses of Outer Space, respectively. This article argues that, in light of recent States practice established under these international instruments, and a proper interpretation of the space treaties, it has been recognised by the international community that States are obliged to mitigate the generation of space debris, a failure of which will lead to international liability.


2020 ◽  
Vol 33 (3) ◽  
pp. 731-743
Author(s):  
Marika Sosnowski

AbstractCeasefire agreements are legally governed by international humanitarian law because they have generally been considered in relation to how they affect levels of violence. However, new research in the fields of anthropology, security, and development studies suggests that ceasefires can have many more ramifications. These range from their ability to influence governance institutions, property and citizenship rights, economic networks, and security mechanisms. Consequently, this article suggests that a broader legal framework is needed through which to consider ceasefires and their consequences. While canvassing the option of ceasefires being types of contractual documents or as special agreements under Common Article 3 of the Geneva Conventions, the article concludes that the best way to regulate ceasefire agreements is through an expanded version of lex pacificatoria. Rather than being governed by hard international law, such a move would allow for the implementation of more flexible programmatic standards to influence the myriad ways ceasefires are negotiated, the conduct of belligerents, and their diverse effects on the ground during wartime.


2021 ◽  
pp. 147821032199501
Author(s):  
Susan Shaw ◽  
Keith Tudor

This article offers a critical analysis of the role of public health regulation on tertiary education in Aotearoa New Zealand and, specifically, the requirements and processes of Responsible Authorities under the Health Practitioners Competence Assurance Act for the accreditation and monitoring of educational institutions and their curricula (degrees, courses of studies, or programmes). It identifies and discusses a number of issues concerned with the requirements of such accreditation and monitoring, including, administrative requirements and costs, structural requirements, and the implications for educational design. Concerns with the processes of these procedures, namely the lack of educational expertise on the part of the Responsible Authorities, and certain manifested power dynamics are also highlighted. Finally, the article draws conclusions for changing policy and practice.


1979 ◽  
Vol 73 (4) ◽  
pp. 628-646 ◽  
Author(s):  
James Crawford

In a series of articles in this Journal, Professor Robert Wilson drew attention to the incorporation of references to international law in United States statutes, a technique designed to allow recourse to international law by the courts in interpreting and implementing those statutes, and, consequently, to help ensure conformity between international and U.S. law. The purpose of this article is to survey the references, direct and indirect, to international law in the 20th-century statutes of two Commonwealth countries in order to see to what extent similar techniques have been adopted. The choice of the United Kingdom and the Commonwealth of Australia as the subjects of this survey is no doubt somewhat arbitrary (although passing reference will be made to the legislation of Canada and New Zealand). But the United Kingdom, a semi-unitary state whose involvement in international relations has been substantial throughout the century, and the Commonwealth of Australia, a federal polity with substantial legislative power over foreign affairs and defense -whose international role has changed markedly since 1901, do provide useful examples of states with constitutional and legislative continuity since 1901, and (as will be seen) considerable legislative involvement in this field.


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