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HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

A Global Radical Waterfront: The International Propaganda Committee of Transport Workers and the International of Seamen and Harbour Workers, 1921–1937

By Holger Weiss

This volume investigates the ambition of the Red International of Labour Unions to radicalize the global waterfront during the interwar period. The main vehicle was the International Propaganda Committee of Transport Workers, replaced in 1930 by the International of Seamen and Harbour Workers as well as their agitation and propaganda centres, the International Harbour Bureaus and the International Seamen’s Clubs. The book scrutinizes their solidarity campaigns in support of local and national strikes as well as on their agitation against discrimination, segregation and racism within the unions, their demands to organize non-white maritime transport workers, and their calls for engagement in anti-fascist, anti-war and anti-imperialist actions. Readership: All interested in global labour history and labour radicalism and militancy, the history of the Comintern/Red International of Labour Unions/Profintern, global history of the interwar period, history of antifascism, anti-imperialism, and anti-colonialism, as well as global maritime history.

Leiden, Boston: Brill, 2021. 524p.

Micro-Management of Irregular Migration: Internal Borders and Public Services in London and Barcelona

By: Reinhard Schweitzer

This open access book provides an analysis of the functioning, consequences and inherent limitations of internalised immigration control. By adopting the perspective of irregular residents as well as local service providers, the book sheds new light on the intricate mechanisms that either help or hinder the diffusion of immigration control into concrete institutional settings, like schools or hospitals. A simple and innovative analytical framework enables the systematic comparison of three different spheres of service provision across two distinct local as well as also national contexts. This is necessary to understand the complex interplay between formal law and policy, the intrinsic rules and logics operating within institutions, and the ethical or practical obligations and constraints attached to particular roles and professions. Based on empirical findings and rigorous analysis, the book argues that internalised control is part of the problem that irregular migration poses for society, rather than constituting a potential solution to it.

Cham: Springer Nature, 2023. 154p.

Irregular Migration: IMSCOE Short Reader

By Maurizio Ambrosini • Minke H. J. Hajer

International migration is a critical issue in contemporary societies. A well-known textbook calls it “a major theme for public debate” (De Haas et al., 2020: xii). Migration is at the centre of the ‘transnationalized social question’ located at the interstices between the Global South and the Global North, where people seek a better life or fee unsustainable living conditions by migrating abroad (Faist, 2019). International population mobility has moved to the top of political agendas, becoming a ‘hot topic’ for governments and political parties (Spencer & Triandafyllidou, 2020). It has become a matter of controversy in mass media, and in ordinary people’s conversations as well. In most cases, it is depicted as a threat to the social stability of receiving societies. As Anderson effcaciously puts it, “‘Migration’ signifes problematic mobility” (Anderson, 2017: 1532). This perceived threat of migrants provokes increased efforts to halt, restrict, and prevent migration, often by limiting legal migration channels and increasing border controls. The, perhaps unintended, consequence of this is not that migration stops, but instead that a part of migration becomes irregular. Whilst irregular migration is problematised and criminalised especially in the Global North, in sending societies, on the contrary, venturing abroad is often viewed as a dream or a hope, regardless of the legal framework in which this mobility and subsequent settlement occur (Alpes, 2013). It gives the impression that migrants take the time spent in an irregular condition while waiting for a residence permit for granted. Migration, especially unwanted international migration, is a vital concern for contemporary societies worldwide, be they sending, receiving or transit countries. This form of migration will be the main focus of this Reader. Throughout it, we hope to provide ample insight into the contentious theme of irregular migration by elaborating on its origins, the policies devised to deal with it, possible responses to it, the actors involved, and the agency of irregular migrants themselves. This introduction highlights the issue of irregular migration, discusses terminology, provides some estimates of the population involved, and presents the book’s structure.

Cham: Springer Nature, 2023. 154p.

Confronting injustice: Racism and the environmental emergency

By Runnymede Trust and Greenpeace

Black people, Indigenous Peoples and people of colour across the globe bear the brunt of an environmental emergency that, for the most part, they did not create. Yet their struggles have repeatedly been ignored by those in positions of power. Global governance systems, including international climate negotiations, have for decades failed to act to protect Black and Brown lives. Systemic racism operates worldwide to produce inequalities in housing, healthcare, education, the criminal justice system and in the outcomes of the environmental emergency.

London, Runnymede. 2023. 78pg

Aliens at the Border

By The Writers’ Workshop

From the introduction: The Writing Workshop at Bedford Hills Correctional Facility has been hard at work since 1989. This is our second book; the first, More In Than Out, was published in 1992 and well received. I think this one is even better. We meet every Wednesday evening, and, as members are fond of saying, for three hours we're no longer at Bedford but at a place of unlimited freedom. It isn't always easy to get there but we always give it a try. Some of the women in this anthology are regulars, others show up once in a while, still others have come and gone, leaving us a few inspired mementos. The Workshop is an outlet for feelings, of course, but it doesn't stop there.

Teaching 'Proper' Drinking? Clubs and Pubs in Indigenous Australia

By Maggie Brady

 

In Teaching ‘Proper’ Drinking?, the author brings together three fields of scholarship: socio-historical studies of alcohol, Australian Indigenous policy history and social enterprise studies. The case studies in the book offer the first detailed surveys of efforts to teach responsible drinking practices to Aboriginal people by installing canteens in remote communities, and of the purchase of public hotels by Indigenous groups in attempts both to control sales of alcohol and to create social enterprises by redistributing profits for the community good. Ethnographies of the hotels are examined through the analytical lens of the Swedish ‘Gothenburg’ system of municipal hotel ownership.

The research reveals that the community governance of such social enterprises is not purely a matter of good administration or compliance with the relevant liquor legislation. Their administration is imbued with the additional challenges posed by political contestation, both within and beyond the communities concerned.

 

Canberra: ANU Press, 2017. 344p.

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Going to Court to Change Japan: Social Movement and the Law in Contemporary Japan

Edited by Patricia G. Steinhoff

"Going to Court to Change Japan takes us inside movements dealing with causes as disparate as death by overwork, the rights of the deaf, access to prisoners on death row, consumer product safety, workers whose companies go bankrupt, and persons convicted of crimes they did not commit. Each of the six fascinating case studies stands on its own as a detailed account of how a social movement has persisted against heavy odds to pursue a cause through the use of the courts. The studies pay particular attention to the relationship between the social movement and the lawyers who handle their cases, usually pro bono or for minimal fees. Through these case studies we learn much about how the law operates in Japan as well as how social movements mobilize and innovate to pursue their goals using legal channels. The book also provides a general introduction to the Japanese legal system and a look at how recent legal reforms are working.

Ann Arbor: University of Michigan Press, 2014. 196p.

Common Law Judging: Subjectivity, Impartiality, and the Making of Law

Edited by Douglas Edlin

Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism.

In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge's individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge's subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences.

Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.

Ann Arbor: University of Michigan Press, 2016. 281p.

Do Labels Still Matter? Blurring boundaries between administrative and criminal law. The influence of the EU


 
Edited by Francesca GalliAnne Weyembergh

  Criminal law has undergone tremendous changes in the past decades. A number of new trends have been challenging the traditional features of “modern criminal law” as founded by Cesare Beccaria in the 18th century and developed thereafter. Some authors describe a process of “disengagement” from the fundamental principles upon which “modern criminal law” is based. They point to its corollary, the rise of the ideology of pragmatism, which, in the name of efficiency, is gradually transforming the whole philosophy underpinning the criminal justice system. Some of them thus refer to the “post-modernisation” of criminal law  . Among the new trends affecting criminal justice systems, one of them has attracted considerable academic attention in the last few years. This is the so-called “Europeanisation process”, which is the result of the growing intervention of the EU in the area of criminal law. Criminal law and criminal procedure are deeply rooted in national sovereignty  and had therefore been developed at national level only. However, since the entry into force of the Amsterdam Treaty, the EU has taken a lead in the approximation of criminal legislation  and has developed new and closer cooperation mechanisms based on principles such as the mutual recognition of decisions in criminal matters  . With the entry into force of the Lisbon Treaty, the EU’s scope for intervention in this field has been considerably broadened and its  supranational nature strengthened, thereby challenging the narrow and profound link between criminal law and the nation state even more. Another new trend which criminal law and other legal disciplines are facing is the increasingly blurred dividing lines between legal categories. Several authors have highlighted the existence of a general blur  . Various dimensions of this blur have been identified in legal literature  . As will be highlighted by other authors in this book  , the verb and the noun “blur” have rather negative connotations. As a verb, it is defined as the action of making or becoming vague or less distinct, of making less clear, of smearing or smudging. As a noun, “blur” means vague, hazy or indistinct  . Law and lawyers are not at ease when faced with vagueness and lack of clarity. This is especially true for criminal law and criminal lawyers, as is demonstrated by the well-known principle of legality in its substantive dimension. As will be underlined by some authors in the following contributions, these blurred dividing lines can, however, also have a positive impact or at least give rise to a multitude of consequences that cannot all be categorised as negative. This is clear, for instance, when one thinks of the application of criminal procedural guarantees by administrative law or of the so-called Engel line of case law of the European Court of Human Rights  (ECtHR). A growing blur can be observed between criminal and administrative law. Both fields of law have received numerous different definitions . The dividing line between them has never been clear . Their respective scope and/or the criteria dividing their respective jurisdiction can vary depending on the country concerned  and on the “approach” followed. The criminal nature of proceedings and of penalties can indeed be considered in a formal or substantial manner. As it is well known in its above-mentioned Engel ruling, the ECtHR follows the second approach when considering whether national proceedings constitute a criminal charge in the sense of Article 6 ECHR . The blur between criminal and administrative law has different manifestations and has a wide variety of origins. The scope of both administrative and criminal law tends to expand. Criminal law is being introduced in fields in which the legislator traditionally adopted administrative measures and vice versa. Fields such as terrorism or trafficking in human beings, which have traditionally been governed by criminal law, are increasingly sprinkled with administrative measures or are becoming fields where administrative actors are increasingly involved. In some domains, a double enforcement/sanctioning system (administrative/criminal) has developed. However, by themselves, these trends do not necessarily result in a blur. A blur occurs when the scope of intervention and the division of functions between both kinds of measures, systems, actors or frameworks are not clear enough; when the two sets of applicable rules become indistinct and/or when there is cross-contamination whereby the interactions between both types of measures, actors or frameworks is not organised and overlaps are neither avoided nor regulated. So, in order to identify a blur, the following questions are of key importance: Are there clear criteria setting out when one or the other actor/framework, or both, should be involved? Are the rules applicable to one or the other framework/actor clearly defined and is there some kind of approximation between them? Is a system of double administrative and penal repression foreseen? Reflecting on the reasons for the growing blur between administrative and criminal law is quite interesting. As will be highlighted in the different contributions to this book, various factors arise, including the advantages of each of the different regimes , the need to find an effective way of dealing with certain kinds of crime that are becoming ever more complex, the need to develop a multidisciplinary/holistic approach towards some crimes, particularly trafficking in human beings, and the will and/or need to prevent crime, especially terrorism, etc. The purpose of this book is to study the combination of both of the abovementioned trends affecting criminal justice systems. The blur between administrative and criminal law has, of course, been around for a while and exists independently of the European Union. It is, for instance, embodied in the blurred line between measures belonging to punitive administrative law and criminal law measures . Up until now, this trend has mainly been analysed at the national level. However, it is interesting to reflect on the interaction between the Europeanisation of criminal law on the one hand and the increasingly blurred line between administrative and criminal law on the other hand. In this regard, the main question that arises is whether and to what extent the EU contributes to the blurred line; if it tries to limit it, control it and/or organise it.  

Bruxelles, Editions de l’Université de Bruxelles, 2014. 259p.

When Protest Makes Policy: How Social Movements Represent Disadvantaged Groups

By Sirje Laurel Weldon

A must-read for scholars across a broad sweep of disciplines. Laurel Weldon weaves together skillfully the theoretical strands of gender equality policy, intersectionality, social movements, and representation in a multimethod/level comparative study that unequivocally places women's movements at the center of our understanding of democracy and social change."" ---Amy G. Mazur, Washington State University "Laurel Weldon's When Protest Makes Policy expands and enriches our understanding of representation by stressing social movements as a primary avenue for the representation of marginalized groups. With powerful theory backed by persuasive analysis, it is a must-read for anyone interested in democracy and the representation of marginalized groups." ---Pamela Paxton, University of Texas at Austin ""This is a bold and exciting book. There are many fine scholars who look at women's movements, political theorists who make claims about democracy, and policy analysts who do longitudinal treatments or cross-sectional evaluations of various policies. I know of no one, aside from Weldon, who is comfortable with all three of these roles."" ---David Meyer, University of California, Irvine What role do social movements play in a democracy? Political theorist S. Laurel Weldon demonstrates that social movements provide a hitherto unrecognized form of democratic representation, and thus offer a significant potential for deepening democracy and overcoming social conflict. Through a series of case studies of movements conducted by women, women of color, and workers in the United States and other member nations of the Organisation for Economic Co-operation and Development (OECD), Weldon examines processes of representation at the local, state, and national levels. She concludes that, for systematically disadvantaged groups, social movements can be as important---sometimes more important---for the effective articulation of a group perspective as political parties, interest groups, or the physical presence of group members in legislatures. When Protest Makes Policy contributes to the emerging scholarship on civil society as well as the traditional scholarship on representation. It will be of interest to anyone concerned with advancing social cohesion and deepening democracy and inclusion as well as those concerned with advancing equality for women, ethnic and racial minorities, the working class, and poor people.

Ann Arbor: University of Michigan Press, 2011. 244p.

Governing Migration for Development from the Global Souths: Challenges and Opportunities

Edited by  Dêlidji Eric Degila  and  Valeria Marina Valle

The 14th thematic volume of International Development Policy provides perspectives through case studies from the global Souths focusing on the challenges and opportunities of governing migration on the subnational, national, regional and international levels. Bringing together some thirty authors from Africa, Latin America and Asia, the book explores existing and new policies and frameworks in terms of their successes and best practices, and looks at them through the lens of additional challenges, such as those brought on by the COVID-19 pandemic, the rise of nationalisms and an increase in xenophobia. The chapters also take the ‘5 Ps’ approach to sustainable development (people, planet, prosperity, peace and partnerships) and assess how migration policies serve sustainable development in a rapidly evolving context.

Leiden; Boston: Brill, 2022. 399p.

Migrant Detention Turns Deadlier

By Gilberto Rosas &Virginia Raymond

The Covid-19 emergency only deepens the crisis of inhumanity in the U.S. carceral immigration system. The only way to truly protect migrant lives is to abolish detention.

North American Congress on Latin America (NACLA) — Fall 2020 . 289-295, http://dx.doi.org/10.1080/10714839.2020.1809086

Independent Assessment of the ICE Body-Worn Camera Pilot Program

By Richard H. Donohue, John S. Hollywood, Samuel Peterson, Bob Harrison, Daniel Tapia, Sunny D. Bhatt, Candace Strickland

Homeland Security Operational Analysis Center (HSOAC) researchers conducted an independent assessment of U.S. Immigration and Customs Enforcement's (ICE's) pilot body-worn camera (BWC) program for personnel assigned to Homeland Security Investigations and Enforcement and Removal Operations.

This report summarizes the findings from a mixed-methods analysis, in which researchers collected and analyzed data from BWCs and observed BWCs in training and operational environments with pilot participants. The analysis was supplemented by data and observations collected by ICE and analyzed by the authors. Researchers studied the BWC pilot program to better understand issues related to (1) trust and transparency, (2) user adoption and effectiveness, (3) implementation of BWCs, and (4) efficacy of the technology.

The resulting findings and recommendations cover a comprehensive variety of topics, including benefits and risks, human factors, policy and training considerations, and considerations for future ICE BWC procurement.

This research was sponsored by U.S. Immigration and Customs Enforcement's (ICE) Office of Regulatory Affairs and Policy and conducted in the Management, Technology, and Capabilities Program of the RAND Homeland Security Research Division (HSRD). 2023. 18p.

Law-Abiding Immigrants: The Incarceration Gap Between Immigrants and the U.S.-Born, 1870–2020

By Ran Abramitzky, Leah Boustan, Elisa Jácome, Santiago Pérez, and Juan David Torres

Combining full-count Census data with Census/ACS samples, the researchers provide the first nationally representative long-run series (1870–2020) of incarceration rates for immigrants and the U.S.-born. As a group, immigrants had lower incarceration rates than the US-born for the last 150 years. Moreover, relative to the U.S.-born, immigrants’ incarceration rates have declined since 1960: Immigrants today are 60% less likely to be incarcerated (30% relative to U.S.-born whites). This relative decline occurred among immigrants from all regions and cannot be explained by changes in immigrants’ observable characteristics or immigration policy. Instead, the decline likely reflects immigrants’ resilience to economic shocks.

Evanston, IL: Northwestern University, Institute for Policy Research, 2023. 62p.

Tactics of Empathy: The Intimate Geopolitics of Mexican Migrant Detention

By Amalia Campos-Delgado & Karine Côté-Boucher

By focusing on the externalisation of US bordering into Mexico, we consider the institutional setting that both limits and channels gestures of care and empathy in migrant detention. Working within a framework that highlights the connections between the global and the intimate, and by proposing to read these connections as they unfold into an intimate geopolitics of humanitarian borderwork, we unpack the effects of Mexico’s recent shift towards humanitarian border politics on the interactions between detained migrants and border agents. Together with the material scarcity in which border officers operate, horrendous detention conditions and increased investments in detention facilities, this shift produces care-control dynamics that are specific to bordering in transit countries. We identify three ‘tactics of empathy’ deployed by Mexican border officers as they attempt to morally legitimise border control in this new environment, while concurrently avoiding legal liabilities and taming migrants under their custody. We argue that these tactics are less a manifestation of an ethics of care than a response to situations occurring in transit migrant detention where morality and instrumental rationality become entangled.

Geopolitics, Feb. 2022.

Arbitrary detention of Mexican citizens by Mexican immigration authorities

By Amalia Campos-Delgado and Guillermo Yrizar Barbosa

On 3 September 2015, Mexican immigration authorities detained four Indigenous Tzeltal Mexicans who were travelling by bus to the northern state of Sonora. Despite identifying themselves as Mexican citizens, the authorities considered their documents false, and they were detained for nine days until their identities were certified. The Mexican State took four years to acknowledge publicly and apologise for this arbitrary detention. Similarly, in 2017, a 39-year-old man born in Oaxaca, living in the streets of Puebla after being deported by the United States Government, was detained for being ‘identified’ as a Salvadorian citizen by Mexican authorities. However, it would be a mistake to consider these cases an exception or anomaly in the Mexican Transit Control Regime. Drawing on statistical and archival information from 2010 to 2020, as well as semi-structured interviews conducted in 2021, in this article, we examine the arbitrary detention of Mexican citizens by Mexican immigration authorities. We highlight the multiple rights violated, question how these detentions have been framed in the official discourse and examine the outcome of these detentions. Our analysis sheds light on the racialisation of migration control in Mexico

International Journal For Crime, Justice And Social Democracy, 12(2), 47-58. doi:10.5204/ijcjsd.2890

Go home? The politics of immigration controversies

By Hannah Jones , Yasmin Gunaratnam , Gargi Bhattacharyya , William Davies , Sukhwant Dhaliwal , Kirsten Forkert , Emma Jackson and Roiyah Saltus

The 2013 Go Home vans marked a turning point in government-sponsored communication designed to demonstrate control and toughness on immigration. In this study, the authors explore the effects of this toughness: on policy, public debate, pro-migrant and anti-racist activism, and on the everyday lives of people in Britain. Bringing together an authorial team of eight respected social researchers, alongside the voices of community organisations, policy makers, migrants and citizens, and with an afterword by journalist Kiri Kankhwende, this is an important intervention in one of the most heated social issues of our time."

Manchester, UK: Manchester University Press, 2017. 204p.

Governing Migration for Development from the Global Souths: Challenges and Opportunities

Edited by Dêlidji Eric Degila and Valeria Marina Valle

The 14th thematic volume of International Development Policy provides perspectives through case studies from the global Souths focusing on the challenges and opportunities of governing migration on the subnational, national, regional and international levels. Bringing together some thirty authors from Africa, Latin America and Asia, the book explores existing and new policies and frameworks in terms of their successes and best practices, and looks at them through the lens of additional challenges, such as those brought on by the COVID-19 pandemic, the rise of nationalisms and an increase in xenophobia. The chapters also take the ‘5 Ps’ approach to sustainable development (people, planet, prosperity, peace and partnerships) and assess how migration policies serve sustainable development in a rapidly evolving context.

Leiden; Boston: Brill, 2022. 399p.

Human Rights and Natural Law: An Intercultural Philosophical Perspective

Edited by Walter Schweidler

It was in ancient Greek philosophy where the idea arose that there is a supreme law before which any civil law created by human societies has to be justified. Since then the concept of natural law not only remained one of the paradigms of Western civilization but has shaped the development of international legislation in general. The understanding of the significance of the idea of a natural law for the philosophical presuppositions of our current concepts of human rights and human dignity is still dependent on the analysis of its relation to the different cultures and civilizations on earth.

Germany: Academia Verlag, 2012, 327p.

States, Human Rights, and Distant Strangers: The Normative Justification of Extraterritorial Obligations in Human Rights Law

By Angela Müller

This book combines legal and philosophical perspectives to address the question of whether states are bound by human rights when they act with effects on people abroad—states’ extraterritorial human rights obligations. Taking an innovative approach, it begins with a profound legal analysis of the issue at national, supranational, and international levels and then engages in depth with counterarguments against extraterritorially applying human rights, on the basis of which it develops its own ethical justificatory theory of extraterritorial human rights obligations. The book closes the circle by showing what the practical implications of this theory for the interpretation (and possible evolvement) of human rights law would be. In a world where critiques of, and resistance to, the general idea of universal human rights are on rise, the book contributes to closing the gap between judicial and normative perspectives on extraterritorial human rights obligations by inquiring into the ethical underpinnings of this topical legal challenge. This book will be of key interest to scholars and students in human rights, international law, and more broadly in political philosophy, philosophy of law, and international relations.

London; New York:Taylor & Francis, 2024.373p.