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"A critical, interdisciplinary account of how refugees and their oral testimony are judged by refugee-receiving states. A comprehensive legal analysis of systems of refugee status determination in Australia and Canada and the role of narrative studies and narrative theory in understanding international refugee law and its application"--
In 2016, a newspaper published an article about four childrendue to be sent to an orphanage after their parents were punished for attempting to flee Vietnam. Among 46 asylum seekers trying to reach Australia by boat, they were intercepted by the Australian navy and returned to Vietnam, where intense retribution awaited. This newspaper article sparked a unifying response in people across the globe. This work tells the story of volunteer advocates who banded together to help a group of Vietnamese refugees on their journey to freedom. Highlighting the courage of "ordinary" people--and with tales of human rights, communal living, reuniting families and their eventual resettlement in Canada--this book paints a vivid picture of Vietnamese families' struggle for liberty in the 21st century.
Volume II presents an authoritative overview of the various continuities and changes in migration and globalization from the 1800s to the present day. Despite revolutionary changes in communication technologies, the growing accessibility of long-distance travel, and globalization across major economies, the rise of nation-states empowered immigration regulation and bureaucratic capacities for enforcement that curtailed migration. One major theme worldwide across the post-1800 centuries was the differentiation between 'skilled' and 'unskilled' workers, often considered through a racialized lens; it emerged as the primary divide between greater rights of immigration and citizenship for the former, and confinement to temporary or unauthorized migrant status for the latter. Through thirty-one chapters, this volume further evaluates the long global history of migration; and it shows that despite the increased disciplinary systems, the primacy of migration remains and continues to shape political, economic, and social landscapes around the world.
As the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their growing relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the political global agenda. The Research Handbook demonstrates that the overlap between law and politics puts the rule of law at risk in matters of migration.
This volume uses the concept of ‘norms’ to initiate a long overdue conversation between the constructivist and postcolonial scholarships on how to appraise the ordering processes of international politics. Drawing together insights from a broad range of scholars, it evaluates what it means to theorise international politics from a postcolonial perspective, understood not as a unified body of thought or a new ‘-ism’ for IR, but as a ‘situated perspective’ offering ex-centred, post-Eurocentric sites for practices of situated critique. Through in-depth engagements with the norms constructivist scholarship, the contributors expose the theoretical, epistemological and practical erasur...
Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender ide...
Taken together, this body of work examines how Australia has politicised the right to seek asylum, to the detriment of asylum seekers and refugees as well as Australian citizens, and tentatively offers hope on how we might seek to normalise, legitimise and re-humanise the processes.
This book investigates what happens to criminal evidence after the conclusion of legal proceedings. During the criminal trial, evidentiary material is tightly regulated; it is formally regarded as part of the court record, and subject to the rules of evidence and criminal procedure. However, these rules and procedures cannot govern or control this material after proceedings have ended. In its ‘afterlife’, criminal evidence continues to proliferate in cultural contexts. It might be photographic or video evidence, private diaries and correspondence, weapons, physical objects or forensic data, and it arouses the interest of journalists, scholars, curators, writers or artists. Building on a ...
Unaccompanied child asylum seekers are amongst the world’s most vulnerable populations, and their numbers are increasing. The intersection of their age, their seeking asylum, and separation from their parents creates a specific and acute triple burden of vulnerability. Their precariousness has long been recognised in international human rights law. Yet, human rights-based responses have been subordinated to progressive global securitisation of irregular migration through interception, interdiction, extraterritorial processing and immigration detention. Such an approach necessitates an urgent paradigm shift in how we comprehend their needs as children, the impact of punitive border control ...
COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time. The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic. The book consider...