Birth Registration and Protection for Children of Transnational Labor Migrants in Indonesia

ABSTRACT

Policies on transnational labor migration do not consider workers' needs as parents or the rights and welfare of their children, including a child's right to an official identity through birth registration. A study of birth-registration decision making by migrant parents in Lombok, Indonesia underscored the need for targeted responses to uniquely challenging circumstances and priorities of migrant parents. Free birth registration through birthing and health centers and village-level leaders can overcome problems of decentralized implementation of national strategies and an exploitive registration brokerage industry, mitigating risks of de facto statelessness for children and a multigenerational pattern of undocumented and unsafe migration.     

我国恐怖主义犯罪与普通刑事犯罪冲突研究

由于我国《刑法》对恐怖主义犯罪没有明确的法律界定,导致与相关普通刑事犯罪在法律适用上产生冲突,给司法实务中的定罪与量刑工作带来了很大的不便,也不利于对恐怖主义犯罪的惩治和预防。因此,论述恐怖主义犯罪与相关普通刑事犯罪之间的冲突、分析冲突产生的原因、提出解决冲突的具体对策具有重大的理论和实践意义。     

Transnational labor action in Latin America: from the struggle against the Free Trade Area of the Americas to the return of labor relations

Neoliberalism was the hegemonic political and economic model in Latin America during the 1990s. The promotion of a Free Trade Area of the Americas (FTAA) was a fundamental policy to extend neoliberal policies and foreign influence throughout the region. In a momentum built throughout that decade and into the 2000s, the trade union movement joined forces with social movements to create a counterhegemonic force using traditional and novel power resources. This alliance managed to defeat the FTAA and was a central force in supporting new center-left administrations throughout the region. The developments since that historic event have shown the relevance of political contexts and strategic outlooks for the long-term success in maintaining, or failing to maintain, such kinds of alliances.     

Simplicity and Spook: Terrorism and the Dynamics of Threat Exaggeration

It has been common, at least since 1945, to exaggerate and to overreact to foreign threats, something that seems to be continuing with current concerns over international terrorism. This paper sketches threat exaggeration during the Cold War and applies the experience from that era to the current one. Alarmism and overreaction can be harmful, particularly economically. And, in the case of terrorism, it can help create the damaging consequences the terrorists seek but are unable to perpetrate on their own. Moreover, many of the forms alarmism has taken verge on hysteria. The United States is hardly "vulnerable" in the sense that it can be toppled by dramatic acts of terrorist destruction, even extreme ones. The country can, however grimly, readily absorb that kind of damage, and it has outlasted considerably more potent threats in the past.     

Constructing and contesting legitimacy and accountability in polycentric regulatory regimes

The legitimacy and accountability of polycentric regulatory regimes, particularly at the transnational level, has been severely criticized, and the search is on to find ways in which they can be enhanced. This paper argues that before developing even more proposals, we need to pay far greater attention to the dynamics of accountability and legitimacy relationships, and to how those in regulatory regimes respond to them. The article thus first seeks to develop a closer analysis of three key elements of legitimacy and accountability relationships which it suggests are central to these dynamics: The role of the institutional environment in the construction of legitimacy, the dialectical nature of accountability relationships, and the communicative structures through which accountability occurs and legitimacy is constructed. Second, the article explores how organizations in regulatory regimes respond, or are likely to respond, to multiple legitimacy and accountability claims, and how they themselves seek to build legitimacy in complex and dynamic situations. The arguments developed here are not normative: There is no “grand solution” proposed to the normative questions of when regulators should be considered legitimate or how to make them so. Rather, the article seeks to analyse the dynamics of legitimacy and accountability relationships as they occur in an attempt to build a more realistic foundation on which grander “how to” proposals can be built. For until we understand these dynamics, the grander, normative arguments risk being simply pipe dreams – diverting, but in the end making little difference.     

Was Idi Amin's Government a Terrorist Regime?

What does state terrorism look like? How do we distinguish it from other forms of mass state violence, such as repression or genocide? Based on the developing literature on state terrorism, this study presents three expectations that violence perpetrated by the state should meet if it is to be classified as state terrorism: these are (a) that the violence is perpetrated by agents of the state, (b) that the violence is visible, and (c) that state terrorism focused against a state's own citizens will be carried out by an autocratic, personalistic regime. Drawing substantially on a series of primary sources, this study demonstrates that Idi Amin's regime in Uganda from 1971 to 1979 did engage in state terrorism against its own citizens.     

Blasphemy and terrorism in the Muslim world

This article examines the effect of blasphemy laws on Islamist terrorism in Muslim-majority countries. Although passed with the ostensibly noble purpose of defending religion, I argue that blasphemy laws encourage terrorism by creating a culture of vigilantism in which terrorists, claiming to be the defenders of Islam, attack those they believe are guilty of heresy. This study empirically tests this proposition, along with alternative hypotheses, using a time-series, cross-national negative binomial analysis of 51 Muslim-majority states from 1991–2013. It finds that states that enforce blasphemy laws are indeed statistically more likely to experience Islamist terrorist attacks than countries where such laws do not exist. The statistical analysis is supplemented with a brief case study of blasphemy laws and terrorism in Pakistan. The conclusion situates the findings in the context of policy.     

Guantánamo Bay: Towards Legality?

This article outlines the US Supreme Court's approach to the habeas corpus entitlements of suspected terrorists detained in Guantánamo Bay and argues for the extension of constitutional habeas corpus rights to them. The article considers two ways in which the Supreme Court might carry out this task: first, 'the territorial approach' (based on domestic legal principles of 'unincorporated territories' and principles of leasehold), and secondly, 'the extraterritorial approach' (based on international purposive approaches to the reach of human rights treaties exemplified by the European Court of Human Rights' Article 1 jurisprudence). For reasons of effectiveness of protection, the Article expresses a clear preference for the latter. The House of Lords decision in R (Al-Skeini) v Secretary of State for Defence (2007) is proposed as a template for such a development. Finally the article refutes arguments rejecting such a development based on the 'trade-off thesis' and perceptions of judicial competence.     

跨国公司人权责任研究——人权法新发展及中国的应对机制

跨国公司作为私的行为主体，是否应当承担国际人权责任，成为尚无普遍共识的议题。在民族国家并存的国际社会结构体系内，基于人权目的，由跨国公司母国及东道国对跨国公司的人权违反行为实施防范或惩处行动，被设定为最佳模式。在构建政府主导模式的同时，我国应充分培育和发挥民间人权力量，推动跨国公司尊重和保护人权。     

跨国公司人权责任之法哲学考量与实证分析

尊重和保护人权是传统国际法主体应尽的责任。跨国公司作为私的行为主体，是否应当承担国际人权责任或言承担何种性质的国际人权责任，尚无普遍共识。在民族、国家并存的国际社会结构体系内，基于人权目的，由跨国公司母国及东道国对跨国公司的人权违反行为实施防范或惩处行动，被设定为最佳模式。我国应积极参与国际组织制定跨国公司人权责任体系的行动，表达中国立场。在构建政府主导模式的同时，我国应充分培育和发挥民间人权力量，推动跨国公司尊重和保护人权。