Human Rights, Refugees, and The Right 'To Enjoy' Asylum

Increasingly hard-line and restrictive asylum policies and practicesof many governments call into question the scope of protectionsoffered by the 1951 Convention relating to the Status of Refugees.Has the focus on the 1951 Convention been to the detriment andsubordination of other rights and standards of treatment owedto refugees and asylum-seekers under international human rightslaw? Which standard applies in the event that there is a clashor inconsistency between the two bodies of law? In analysingthe interface between international refugee law and internationalhuman rights law, this article looks at the right to familylife and the right to work. Through this examination, contentand meaning is offered to the almost forgotten component ofthe right ‘to enjoy’ asylum in Article 14(1) ofthe Universal Declaration of Human Rights 1948.     

Media and the politics of belonging: Sudanese Australians,letters to the editor and the new integrationism

Nolan, Burgin, Farquharson and Marjoribanks focus on media as a significant site through which a politics of belonging is played out, focusing particularly on coverage of Sudanese Australians. To this end, they analyse letters to the editor that concern Sudanese Australians in three Victorian newspapers in 2007, a highly significant year in which this group became the focus of significant levels of (predominantly negative) media coverage. Through textual and thematic analysis, the authors demonstrate how such letters worked to reiterate and extend a politics of ‘integrationism’ that, without entirely departing from Australia's commitment to multiculturalism, has rearticulated the latter along neo-assimilationist lines. In doing so, they show how, in many letters, Sudanese Australians are problematized for their failure or refusal to ‘integrate’ in ways that involve an explicit or implicit process of racialization. In the process, the article also critically considers the important role performed by media in the politics of belonging, particularly through their reiteration and contestation of the politics of race and multiculturalism in Australia. Rather than simply a matter of reproducing a hegemonic politics, it shows how such processes, despite the marked limitations of their framing within a ‘race debate’, also serve to demonstrate significant fault lines in the politics of belonging.     

Explaining differences in sub-national patterns of clean technology transfer to China and India

The Kyoto Protocol’s Clean Development Mechanism (CDM) has the capacity to incentivize the international transfer of environmentally sound technologies. Given that both countries are expected to have similar incentives when managing the distribution of technology transfer within the country, why do sub-national patterns in the allocation of projects with technology transfer differ? Using comparable political–economic data compiled for China and India, we offer an explanation for these differences. In China, where the government regards the CDM as a tool for achieving sustainable development, technology transfer is concentrated in provinces that need it the most and that are most conducive to receiving transfers (i.e., economically less developed, yet heavily industrialized provinces). In India, where the government takes on a “laissez-faire” approach to the CDM, neither level of economic development nor that of industrialization affects clean technology transfer. In this regard, although the incentives are similar, the capacity to pursue them is not comparable. We test these hypotheses using data on CDM technology transfer across Chinese provinces and Indian states during the 6-year period from 2004 to 2010.     

The Significance of R(BG and Anor) v Suffolk CC (2021): Meeting ‘Eligible Need[s]’ in Social Care?

Liverpool Law Review - The reasoning in Suffolk offers a partial redefinition of the notions of wellbeing and individual need, via its detailed analysis of the legislative frameworks associated...     

Education. Period. Developing an acceptable and replicable menstrual hygiene intervention

This paper summarises pilot work by Irise International to develop an acceptable and replicable solution to menstrual hygiene management (MHM) in East Africa based around the manufacture of a reusable pad. The paper presents a theoretical justification for the approach and the results of pilot work used to develop it, including baseline menstrual hygiene practices and their relationship to school absenteeism in schoolgirls in western Kenya, the short-term impact of training girls to make a reusable product on school absenteeism using a partial preference, parallel group randomised control trial, and an assessment of the acceptability of the approach.     

Prisoners’ gang-related activity: the importance of bullying and moral disengagement

Abstract

Gang-related activity can have a significant impact on the effective management of prisons in the UK, yet little is known about the characteristics of the prisoners involved. In this study, 141 adult male prisoners’ gang-related activity was examined in relation to their bullying behaviour and use of moral disengagement. Results showed that prisoners most involved in gang-related activity were likely to have spent a longer total time in the prison system, be perpetrators of bullying and have high levels of moral disengagement. Findings also show that moral disengagement partially mediates the relationship between bullying and gang-related activity. Implications for treatment programmes and the prison estate are discussed.     

The state-in-society approach to the study of democratization with examples from Japan

How does an undemocratic country create democratic institutions and transform its polity in such a way that democratic values and practices become integral parts of its political culture? This article uses the case of Japan to advocate for a new theoretical approach to the study of democratization. In particular, it examines how theoretical models based on the European and North American experiences have difficulty explaining the process of democratization in Japan, and argues that a state-in-society approach is better suited to explaining the democratization process' diverse cultural contexts. Taking a bottom-up view of recent developments in Japanese civil society through the close examination of two cases – one traditional organization dating from the pre-war era (neighbourhood associations) and one new-style group formed in 2000 (Association of New Elder Citizens) – this article illustrates how Japanese citizens have democratized their political culture at the grassroots. The state-in-society approach to democratization is particularly useful for the study of democratization processes in non-Western countries where the development of democracy requires not only the modification of a traditional political culture but also the development of new, indigenous, democratic ideas and practices.     

Policing,good-enough governance and development: the evidence from Mogadishu

Prompted by Grindle's identification of a next-steps approach to governance, this article uses the experience of Mogadishu's police force to consider the minimal conditions of governance required to address development-related challenges. At one level, the introduction of development-oriented governance is obstructed by the inability of international actors to influence local power brokers or mitigate the distrust and insecurity affecting daily life in a city such as Mogadishu. More fundamentally, the capacity of an approach predicated on contextually-based analytics is limited by its advocates' understanding governance and development in technical terms aligned to liberal goals, rather than as entrepreneurial opportunities reliant on negotiation and trust-based relationships. In practice, minimal governance has more to do with the stability needed for people to go about their everyday business in relative safety than with democracy or poverty reduction. For such reasons, the new diagnostics is a refinement of existing approaches, rather than a significant analytical advance.