Between containment,confinement and dispersal: the evolution of the Italian reception system before and after the ‘refugee crisis’

In this article, I will analyse how the Italian reception system has been transformed after the ‘refugee crisis’, showing how the change cannot be reduced to a mere expansion of the reception capacity. I will do this by tracing a genealogy of the Italian reception system and highlighting its main features before and after the ‘refugee crisis’. My hypothesis is that the ‘refugee crisis’ and the sense of emergency it created has stimulated the emergence of distinct segments within the Italian reception system functioning according to radically different philosophies and objectives. This, in addition to increasing the overall lack of consistency of the system, is having a profound impact on the rights of asylum seekers, greatly increasing the risk of their spatial and social segregation within Italian society.     

Australia–Indonesia cooperation on asylum-seekers: a case of ‘incentivised policy transfer’

Australia and Indonesia have engaged in cooperation on asylum policy since the late 1990s, bilaterally on immigration detention and people-smuggling agreements, and multilaterally through the Bali Process. Seen from a global perspective, this form of cooperation is one of many such bilateral and multilateral agreements that stymie the ability of asylum-seekers to gain effective and durable protection. This article argues that policy transfer theory can explain how these agreements are achieved, their political implications, and their outcome for the refugee regime and the asylum-seekers reliant on the regime for protection. In the case study of Australia and Indonesia, the authors argue that the cooperation is best understood as a form of ‘incentivised policy transfer’, whereby Australia has provided substantial financial and diplomatic incentives to Indonesia to adopt policies consistent with Australia's own. The implications for asylum-seekers in the Asia-Pacific region are substantial, and include an increase in the use of immigration detention in Indonesia and the introduction of border security measures that restrict the ability of asylum-seekers to reach territory where they may claim protection under the Convention Relating to the Status of Refugees.     

“And You Welcomed Me”

Abstract

In this article, I assess rival liberal and communitarian ethical perspectives underlying contemporary debates regarding migration policy in the US. I then propose a critical via media in a rights-based ethics of solidarity with migrants. I conclude by addressing the distinctive role played by citizens of faith in a religiously pluralist polity like our own, noting, in particular, the place (locus) of Christian belief in immigration policy.     

扼制还是纵容？——浅析美国移民制度对中国非法移民的影响

在过去的二三十年间,中国非法移民已成为美国华人社会一个日益严重的社会问题,它同时也引起美国政客和社会学家的关注.为什么在美国政府制定了一系列移民政策以阻止非法移民进入美国的同时,非法移民潮却始终禁而不绝?本文选取美国移民政策中的两大法令--政治庇护制度和雇主制裁条例,以说明美国移民制度中存在的一些漏洞及自相矛盾之处,这些对非法移民特别是中国非法移民的形成与发展产生了重要影响.     

Useful work for idle hands or a brightening and elevating influence? The introduction of the Brabazon Employment Scheme to Glasgow’s public institutions in the late 19th century

Women’s ability to effect changes in welfare policy during the later workings of the new Poor Law has been presented as a ‘marginal influence’ within past historiography. This perspective is contested in recent empirical work, which argues for a more positive view of female agency. The Brabazon Employment Scheme was a charitable initiative, which occupied the poor unable to take part in the routine work of public institutions. Findings from its operation in Glasgow demonstrate how women drew upon philanthropic experience as well as elected positions in the management of institutions to secure the scheme’s introduction in these settings. While the initiative originated in the English workhouses, local women extended the Brabazon activities to address gaps in welfare provision for asylum patients. In doing so, the article shows how organised charity continued to function as an avenue of support for the poor alongside municipal relief into the early 20th century.     

‘Human and nothing but human’: How Schmittian is Hannah Arendt's critique of human rights and international law?

Recently legal theorists have pointed out that whereas members of their profession often assume that post-war scholarship had broken with the past completely, political theorists have paid far more attention to questions of influences and continuities in their discipline. This also holds regarding the legacy of Carl Schmitt whose case both as a jurist and political writer is particularly pressing not only for intellectual historians, but also for discussants across a broad range of fields in law and political science. It is in this context that my paper examines Hannah Arendt's immediate critique of the Declaration of Universal Human Rights in 1948. I will juxtapose Schmitt's and Arendt's critiques, arguing that these display more than superficial parallels and yet conflict in their basic contentions. I also hope to show that discussing Arendt's critique in conjunction with Schmitt's allows us to pose some more general questions about the relevance and meaning of intellectual backgrounds and influences.     

论居住权的社会价值

“居者有其屋”是每个社会成员的追求,但在我国由于居住权制度的缺位,致使上述理想无法完全实现。从国外关于居住权的立法来看,源自罗马法的居住权是无房者实现其居住目标的有效制度借鉴。本文通过对居住权法律属性的解读,阐述了居住权在现代社会中的价值。     

试论在美国的中国公民权益受侵犯及其保护

针对目前在美国的中国公民权益受侵犯案件时常发生的现状,结合对从美国回来的华侨进行的社会调查,从国际法的视角,分析了在美国的中国公民权益受侵犯的主要现象和原因;指出了侵犯在当地的中国公民权益,是对国际法上关于国际人权保护和反种族歧视原则的践踏;并就如何保护在美国的中国公民权益问题提出了自己的看法。     

隐性采访的法律问题浅析

隐性采访是特定历史时期政治、经济、社会发展的产物,它迎合了社会和时代的需要,有着特定的历史作用。隐性采访不仅能使报道更加深入、有现场感,而且成为“揭露黑幕”的杀手锏,成为“新闻监督”的利器。但是,我们还应当看到,在隐性采访被越来越广泛运用的同时,由此而产生的法律问题和纠纷也愈来愈多。本文站在法律的角度,从隐性采访入手,对隐性采访的合理性、合法性、侵权分析和侵权规避等问题进行简要的剖析,提出在进行隐性采访过程中,应该严格按照法律法规进行,不能剥夺任何主体的合法权益,维护法律的尊严和权威。     

‘You said “home” but we don’t have a house’ – children’s lived rights and politics in an asylum centre in Sweden

ABSTRACT

This study explores children’s lived rights and articulated politics in the context of housing underpinned by their lived experiences in an asylum centre in Sweden. The findings reveal a discrepancy between the children’s articulated standpoints, where well-being is connected to having a home, and their lived experiences of lacking conditions for both house and home at the asylum centre. This discrepancy enables demonstration of the children’s articulated politics, as they criticize conditions, practices and relational aspects they experience as constraining their well-being at the asylum centre. Thereby, the children themselves identify the structural denial of their right to conditions for well-being and adequate housing. They also express what conditions for well-being should be accessible to them, which is interpreted here as their making rights claims when their formal rights are not fulfilled.     

Australia’s Detention Centre and the Erosion of Democracy in Nauru

Since 2013, the Nauru government has undermined democracy by reducing the independence of the judiciary, treating opposition MPs as potential traitors, curbing freedom of speech and restricting visits by variously defined groups of people who include journalists, Australians and New Zealanders. New Zealand responded by suspending its aid to Nauru’s justice and border control department. Australia, by contrast, has said little. The Nauru government would not have acted so boldly in curbing civil freedoms and weakening the rule of law if Australia had been less dependent on its goodwill to act as host for Australia’s Regional Processing Centre, which houses asylum seekers who have attempted to reach Australia by boat. Australia’s reliance on Nauru – driven by urgent domestic political considerations – has fostered an atmosphere where the principles of good governance can be flouted with little fear of significant criticism from Canberra.     

The Implications of Immigration Federalism for Non-citizens’ Rights and Immigration Opportunities: Canada and Australia Compared

This article explores the development of immigration federalism in Australia and Canada (expressed through the establishment of state/provincial/territorial immigrant selection programs) and its implications for immigrants’ rights and immigration opportunities. Given the very limited scholarship on the issue, and the lack of previous comparative studies on immigration federalism in Australia and Canada, our research is exploratory by nature. Our finding is that provincial/state/territorial programs offer some advantages to prospective applicants (such as increased immigration opportunities), but, at the same time, raise a number of concerns (such as an increased dependence on employers). As our study reveals, the costs and benefits of immigration opportunities under state/provincial/territorial programs differ for skilled and low-skilled workers, whereby the latter are given only limited access to permanent residence, and on more onerous conditions than skilled workers. Drawing on these findings, we identify areas in need of further research and policy response.     

清代法律:实践超越表达——以衙役群体运作班房为视角

以衙役运作班房为观察视角,清代法律实践与法律表达之间呈现出颇为复杂而有趣的关联。针对这一具体问题,我们可以断言：清代法律实践与法律表达并非凿枘相投,但似乎还不能遽下非此即彼的简单定论,认为清代法律实践与表达是完全二元对立的关系。衙役群体在消解法律对他们运作班房的刚性约束时,在突破法律对他们地位和身份的强制规定时,并非完全漠视法律,与之公然分庭抗礼。实际上,他们擅于利用官方所认可的资源,暗用卑伎,“玩转”权力;娴于钻营法律漏洞,高下其手,缘法为奸。因此,以班房为据点,清朝的准司法群体——衙役群体的实践行为虽然超越但并非完全否定了清朝的相关法律,其间体现出既在实践结果上背离法律表达而又在实践过程中依赖于法律表达的复杂关联。