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Migration and Refugee Law
Migration and Refugee Law: Principles and Practice in Australia is a comprehensive overview of the legal principles governing the entry of people into Australia. This fully revised third edition provides an accessible analysis of the theory and practice of this complex and controversial area of the law. It considers the social and political context of migration and refugee law in devising innovative policies aimed at creating an equitable and rational immigration system. Migration and Refugee Law: Principles and Practice in Australia combines an astute consideration of theory with the creation of practical policy solutions, and is therefore an essential resource for migration lawyers and agents, government employees, students, judicial officers and policymakers.
The Politics of the Globalization of Law
How does the globalization of law, the emergence of multiple and shifting venues of legal accountability, enhance or evade the fulfillment of international human rights? Alison Brysk’s edited volume aims to assess the institutional and political factors that determine the influence of the globalization of law on the realization of human rights. The globalization of law has the potential to move the international human rights regime from the generation of norms to the fulfillment of rights, through direct enforcement, reshaping state policy, granting access to civil society, and global governance of transnational forces. In this volume, an international and interdisciplinary team of scholar...
Critically Impaired Infants and End of Life Decision Making
Decisions to withdraw or withhold life-sustaining treatment are contentious, and offer difficult moral dilemmas to both medical practitioners and the judiciary. This issue is exacerbated when the patient is unable to exercise autonomy and is entirely dependent on the will of others. This book focuses on the legal and ethical complexities surrounding end of life decisions for critically impaired and extremely premature infants. Neera Bhatia explores decisions to withdraw or withhold life-sustaining treatment from critically impaired infants and addresses the controversial question, which lives are too expensive to treat? Bringing to bear such key issues as clinical guidance, public awareness, and resource allocation, the book provides a rational approach to end of life decision making, where decisions to withdraw or withhold treatment may trump other competing interests. The book will be of great interest and use to scholars and students of bioethics, medical law, and medical practitioners.
Migrant Smuggling by Sea
A number of rules of the international law governing the oceans were created at a time far removed from the challenges of the present day. The principle of the freedom of the high seas and its corollary of flag State exclusivity are archetypical examples of this. Today these rules may appear to be obstacles in the effort to combat a number of contemporary maritime threats such as migrant smuggling by sea. This study examines this multi-faceted threat to maritime security against the backdrop of the current international legal framework and State practice in order to establish whether this threat can be effectively addressed within the existing framework of the law of the sea.
The Refugee Definition in International Law
In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.
The Legacy of Nuremberg
In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual crimin...
Migration and Refugee Law in Australia
Migration law has been a very controversial area over the past twenty years. The global movement of people and the plight of refugees have led to a series of controls on people entering into, and remaining in, Australia. The legislation containing the rules have been changed many times and the courts have considered hundreds of cases. In Migration and Refugee Law in Australia: Cases and Commentary, the main principles of law are extracted and explained so that the law can be understood. The book analyses the policy and moral considerations underpinning migration law, and suggests an overarching framework for developing migration law and critiquing existing policies and practices. Migration and refugee law is also analysed through the lens of Australian and international human rights law and conventions. Immigration is expected to be one of the most important issues facing Australia this century. Informed debate will produce outcomes.
Chinese Activism of a Different Kind
In Chinese Activism of a Different Kind, Jia Gao examines the social behavior and patterns of actions of 45,000 or so Chinese students as they fought to obtain the right to stay permanently in Australia after the June 4 'Tiananmen Square' incident of 1989. In a time of relative Internet infancy their response to the shifting stances of the Australian government saw them build networks, make use of media and develop a range of strategies. In achieving success this diverse group of students became the largest intake of onshore asylum seekers in the history of Australian immigration. Through their testimonies Jia Gao provides a fascinating addition to our knowledge of Chinese activism and to the history of Chinese migration.
Political Theory and Australian Multiculturalism
Multiculturalism has been one of the dominant concerns in political theory over the last decade. To date, this inquiry has been mostly informed by, or applied to, the Canadian, American, and increasingly, the European contexts. This volume explores for the first time how the Australian experience both relates and contributes to political thought on multiculturalism. Focusing on whether a multicultural regime undermines political integration, social solidarity, and national identity, the authors draw on the Australian case to critically examine the challenges, possibilities, and limits of multiculturalism as a governing idea in liberal democracies. These essays by distinguished Australian scholars variously treat the relation between liberalism and diversity, democracy and diversity, culture and rights, and evaluate whether Australia's thirty-year experiment in liberal multiculturalism should be viewed as a successful model.
Assisted Reproductive Technology
As more people turn to assisted reproduction, the legal issues surrounding it have become increasingly complex. Beyond representing patients or clinics, numerous legal problems are arising from the technology's application. Disputes in divorce are the most common, but this technology impacts the law in other areas, including personal injury, insurance, criminal law, and estate planning. Drawing from multiple legal sources, this book presents complex information in a direct, balanced and fair manner. It includes glossary, sample forms and checklists, and bibliography.
