All Citizens are Created Equal,but Some are More Equal Than Others

Nationality is the legal bond between a person and a state that connotes full and equal membership of the political community. Yet, in the practice of states, not everyone who is admitted as a national enjoys the full package of rights attached, nor the same security of status. The phenomenon of inequality among citizens is particularly apparent when examining the question of how protected the legal bond itself is: citizenship by birth is more secure than citizenship acquired otherwise—such as by naturalisation—and mono citizens are less prone to withdrawal of nationality than persons with dual or multiple nationality. As nationality revocation gains new attention from states as a tool to counter terrorism, prompting much political, public and academic debate, the reality that this measure often applies only to particular sub-groups of citizens demands closer scrutiny. This article explores how law and practice on citizenship deprivation is to be evaluated against contemporary standards of international law. While states justify unequal application of citizenship deprivation measures by invoking the duty to avoid statelessness, this article shows that the application of other international standards such as non-discrimination and the prohibition of arbitrary deprivation of nationality calls into question the legitimacy of citizenship stripping as a security instrument. Finally, the article reflects on the broader implications of the current trend towards greater inequality of citizenship status as a reaction to the perceived threat that terrorism poses to the integrity of the state, discussing how the creation of different classes of citizen is in fact likely to have a deeper and more lasting impact on the foundations of liberal democracies.

     

Is Germany's xenophobia qualitatively different from everybody else's?

This paper grapples with a fundamental question that emerged repeatedly during the conference from which all of these papers are derived: is German antipathy to foreigners qualitatively different from that of other nations and ethnic groups? The paper provides an historical perspective on German immigration policy and on the recurrence of state-sanctioned killings from the witch hunts of the sixteenth and seventeenth centuries to the Holocaust. This paper concludes that there is evidence to support that xenophobia and hostility to ethnic minorities may be more dangerous in Germany than in other Western nations.     

Reserved Seats in National Legislatures: A Research Note

As competitive democracy is crafted in ethnically plural and postconflict nation‐states, the question of whether or not to reserve legislative seats for communal groups—ethnic, national, or religious—is increasingly a topic of debate. This research note provides an overview of targeted electoral mechanisms designed to ensure the inclusion in national parliaments of representatives of ethnic, racial, national, or religious communities. The data show that the existence of reserved seats in national legislatures for such groups is much more widespread, and less idiosyncratic, than many scholars previously thought. This finding, along with current discussions in high‐profile cases of constitutional design, suggests that the occurrence and impact of reserved seats should be analyzed in greater detail.     

On the Results of a Study of the State Structure of the Tatar ASSR

The fifty years of experience of development of the Soviet state and of all forms of state structures based on nationality provide the most persuasive testimony that Soviet society has successfully solved one of the most complex of social problems — the national question. It is precisely under the conditions of socialist society that new forms of state and law have been found and successfully applied that have made it possible, on the basis of friendship and truly fraternal collaboration, to unite dozens of nations and nationalities and create the conditions for their development.     

民族融合与隋唐之际诗风的嬗变

民族融合是推动隋唐之际诗风转变的重要因素。少数民族的汉化和汉民族受到少数民族的影响，这种双向的推进，加快了民族融合的历史进程，而隋唐政权的基础－关陇贵族集团正是民族融合的产物，民族融合对隋唐之际诗风的转变产生了重要的影响，在诗歌创作中一扫南朝诗歌绮靡纤弱的不良风气，注入了一股高昂开朗，刚健厚重的贞刚之气，促进了南北诗风的融合，民族大融合具有深层的化意义，不仅开阔了人们的胸怀，促进了思想的自由开放，而且有助于打破旧的藩篱，加快了南北诗风融合的进程。     

Improving National Relations in the USSR

The problem of nationalities occupied a substantial place among the wide range of social problems raised at the Twenty-seventh CPSU Congress. The Soviet Union has been a pioneer in addressing the national question which, as V. I. Lenin wrote, is a worldwide phenomenon. It is one of the most acute questions in the history of mankind: the engendering of class antagonisms that inevitably entail national oppression, the lack of equality of nationalities before the law, and their inequality. Our country has convincingly demonstrated to the entire world that with the victory of socialism antagonisms in the sphere of national relations are being overcome. As noted in the new edition of the CPSU Program, "the Soviet Union has successfully resolved the national question that was left over from the past." In the course of socialist construction, the formerly backward national hinterlands have long ago vanished; socialist nations have joined to form an international community—the Soviet people—that is new in its social parameters; there have formed common cultural traits that are characteristic of Soviet people of all nationalities; national discord is a thing of the past; and the fraternal friendship of the peoples, forged in their common creative labor and tested in the most difficult of wars, has become the standard of life.     

Examining the Salience of Marriage to Offending for Black and Hispanic Men

Despite a considerable body of research demonstrating the beneficial effects of marriage for criminal desistance, data limitations have resulted in much of this work being based on predominantly white, male samples. In light of the rapidly changing demographic landscape of the US—and particularly the tremendous growth in the Hispanic population—the question of whether the benefits of marriage are generalizable to racial and ethnic minorities is an important one. This research extends prior work on the relationship between marriage and offending by assessing whether the benefits of marriage for criminal offending extend to today’s racial and ethnic minority populations. Using a contemporary sample of 3,560 young adult Hispanic, black and white males followed annually for 13?years spanning the transition to adulthood, we find that while marriage is a potent predictor of desistance for all groups, the benefits of marriage vary substantially across both race and ethnicity.     

Criminologists,duct tape,and Indigenous peoples: quantifying the use of silencing research methods

A recent quantitative evaluation of mainstream criminological research found that there is a dearth of research on “Indigenous peoples in the criminal justice context” conducted in Australia, Canada, New Zealand, and the United States and published in elite criminology journals while these nations continue to incarcerate Indigenous peoples at markedly disproportionate rates. Although the silence prohibits public attention to this social issue, counter-colonial critics have mostly focused on criminologists who deliberately marginalize Indigenous peoples through use of inappropriate research methods. This study is a first attempt to quantify the use of “silencing research methods” in contemporary mainstream criminology. It involves a comprehensive review of research published in elite criminology journals over the past decade (2001–2010). The findings reveal that although mainstream criminologists generally prefer non-silencing research tools, they primarily employ silencing research methods when studying Indigenous peoples. Also, studies that focus on Native American peoples use silencing research tools more often than studies on other disproportionately incarcerated social groups, i.e., African and Hispanic Americans. The study concludes that by using “silencing research methods,” elite mainstream criminology has contributed to the marginalization of Indigenous peoples to varying degrees in all four countries over the past decade.     

The law and economics of supranationalism: the European Union and the subsidiarity principle in collective action perspective

This article, prepared for an issue devoted to the work of Judge Richard A. Posner, considers the implications of law and economics for the structure of supranational organizations, with particular attention to the application of collective action theory to the relationships among states in the EU. After discussing the connections between this approach and Judge Posner’s work, the article describes collective action theory and its implications for our understanding of the state and of relationships among states. From this perspective, supranational organizations such as the EU can be understood as institutional structures that facilitate collective action among states by reducing the transactions and enforcement costs of making and implementing collective decisions. At the same time, the delegation of authority to supranational institutions creates agency costs for states and their peoples because the interests of the state and its people diverge from the interests of the collective in some instances. Viewed in this perspective, the institutional structure of the EU—like that of other supranational organizations or federal nation states—reflects an effort to strike a balance between collective decision making and local control so as to maximize the collective gains and minimize the resulting agency costs. Understood in these terms, various features of the EU’s institutional design make sense. The ordinary legislative process permits the EU to act without the unanimous consent of member states, thus reducing transactions costs in those areas where collective action is necessary, particularly in relation to the creation and regulation of the internal market. The EU reduces enforcement costs through principles of direct applicability or effects and the supremacy of EU law, which are effective legal restraints in states governed by the rule of law. The institutional structure of the EU also incorporates a representative and deliberative process for collective action that helps control the resulting agency costs for member states and their peoples through supermajority and co-decisional requirements. The collective action perspective also illuminates the function of the subsidiarity principle and the enhanced role of national parliaments in its enforcement.     

改革开放30年来的中国民族法制建设

＂民族＂一词常在两种不同的含义上使用。一种用法是把＂民族＂与一个具有内部凝聚力的民族国家的人民概念等同，如中华民族等用法；另一种用法是指一个国家内部的不同族群。本文所谓的＂民族法制＂是在后一种含义上使用民族概念的，是指在中国这个多民族国家中处理内部各民族关系的法律制度及其动态的运作体制。综观改革开放30年，中国的民族法制建设取得了巨大的成就。这些成就是基于中国的实际创造的，因而符合中国的国情，具有鲜明的中国特色。这些成就为进一步构建和完善中国民族法制体系奠定了坚实的基础。     

Subjective Assessments of Poverty in Russia

Sociological studies conducted in 1970-80 reveal a striking feature of Russians which distinguishes them from most other ethnic groups: a rare tolerance for different types of social contact with other peoples.     

Protección de los recursos genéticos de los pueblos indígenas en los sistemas universal e interamericano de derechos humanos

This article shows the current state of protection of genetic resources of indigenous peoples in the context of international human rights. The analysis is justified because international law, regional and international on access to genetic resources of indigenous peoples is insufficient, poor and in some cases, nonexistent. The protection of genetic resources in relation to indigenous peoples has special connotations according to its own system of human rights of these peoples, so that it seeks to investigate whether international law of human rights takes into account these ethnic particularities. In this sense, a characterization of universal and inter-American system related to genetic resources in order to identify gaps and challenges of these systems.     

Union After the Union: Problems of Ordering National and State Relations in the Former USSR

The reasons for the demise of powerful states are never fully clear, either to contemporaries or to historians—the varied interpretations of the fall of Rome are only one case in point. But this applies especially to empires, i.e., state structures that, over an entire geopolitical region, come to dominate nations whose statehood has thereby been destroyed or partially preserved, albeit with some portion of sovereignty, large or small, having been lost. In this sense (but only in this sense), the USSR was an empire like the Russian tsardom. But in this sense as well, the United States of America is an empire—true, a modern one, ruling as if by remote control, indirectly. Understood in this way, empires are a function of the entire world system and will disappear not only, and not so much, by dint of internal turmoil, as simply because "the world has become different."¹     

The Involvement of Different Ethnic Groups in Various Types of Crime in the Netherlands

Various studies have shown that registered crime among non-western immigrant groups in the Netherlands is higher than among the average Dutch population. Little is known however concerning the differences in the nature of crime. The authors studied the degree to which various ethnic groups are represented in various types of officially registered criminal offenses and the degree to which the chance of being a suspect in specific types of crimes can be explained by demographic and socio-economic background characteristics of the person in question. The results show that there are clear differences among ethnic groups with respect to the relative share of various types of criminal offenses. Only a small part of the differences relate to ethnic origin; demographic and socio-economic background characteristics play a more important role. A large part of the explanation might be found in personal factors, coincidental circumstances or background characteristics not included in the model.     

International Law and Administrative Insulation: A Comparison of Refugee Status Determination Regimes in the United States,Canada, and Australia

International law provides nations with a common definition of a refugee, yet the processes by which countries determine who should be granted refugee status look strikingly different, even across nations with many institutional, cultural, geographical, and political similarities. This article compares the refugee status determination regimes of three popular asylum seeker destinations—the United States, Canada, and Australia. Despite these nations' similar border control policies, asylum seekers crossing their borders access three very different systems. These differences have less to do with political debates over admission and border control policy than with the level of insulation the administrative decision‐making agency enjoys from political interference and judicial review. Bureaucratic justice is conceptualized and organized differently in different states, and so states vary in how they draw the line between refugee and nonrefugee.     

Plurinational democracies in Europe: the quest for a profane constitutionalism

How should we understand the claims on the right to decide on status made within plurinational member states of the European Union by actors and institutions seeking to protect the self-government of sub-state nations or peoples, or at least their right to consent to their ascribed status? Peaceful solutions to conflicts involving contested claims over territory, citizenship, and national sovereignty (authority) can be found when a conceptual or cultural transformation takes place towards a pluralist and bottom-up or federal concept of plurinational democracy, recovering the centrality of self-determination as the self-assertion of a political community. Constitutional law based on the popular sovereignty of a majority nation within plurinational democracies often neglects the question of the definition of the demos as the prefigured constituency, and the existence of national or territorial minorities. If constitutions are interpreted as precluding any claim to self-determination by a constituency, and any debate about that claim, then an undemocratic, sacralized model of militant constitutionalism may emerge. That model is not so much about protecting democracy as it is about imposing a national mould, a pre-defined demos. This article revisits the claims of sovereignty made by national territorial minorities in Spain, against the background of the constitutional doctrine of the Spanish judiciary that precludes these constituencies from engaging in political debates on the right to decide. The resulting sacralization of the Constitution leads to a new version of the model of ‘militant democracy’, a militant nationalist constitutionalism, which can be countered by an alternative, secular, even profane approach to the Constitution.     

Polar Bear Sports Hunting: Canada’s Flawed Interpretation of the International Polar Bear Agreement

Abstract

In 1973 the five polar bear range states (Canada, Norway, Denmark, the United States, and the Union of Soviet Socialist Republics) entered into the International Agreement on the Conservation of Polar Bears and Their Habitat (“the Agreement”). The Agreement’s intention was to protect polar bears through conservation and management measures including, inter alia, prohibiting the taking of the carnivore. The implementation and enforcement of the Agreement was left to each individual country, resulting in differing management practices and legal frameworks among the signatory states. This is particularly stark in the context of sports hunting, with all nations except Canada outlawing the practice. Canada, striking out on its own, chose to interpret the provisions of Article III of the Agreement in such a way as to allow their provinces and territories to enact legislation to regulate the sports hunting of polar bears. This article argues that sports hunting is not a traditional right of Canada’s indigenous peoples and, therefore, Canada’s interpretation of the Agreement is critically flawed.     

The use of material culture to establish the ethnic identity of victims in genocide investigations: a validation study from the American Southwest*

Successful prosecution of genocide requires that the victims constitute one of four protected groups: national, religious, ethnic, or racial. Establishing victim identity in prior trials has relied on positive identification of decedents, been largely presumptive, or was based on untested methodology. This report details a validation study of one untested method: the use of material culture in establishing ethnic identity. Classes of clothing and personal effects were scored on 3,430 individuals of known Hispanic or White ancestry from autopsy records in New Mexico. Significant differences were seen in evidence of language, nationality, and religious affiliation between the two groups, as well as clothing types and currency. Predictive models used to estimate ethnic identity in random, blind subsets produced an overall accuracy of 81.5% and estimates of 61-98% in specific subsets. Results suggest material culture, when present, can provide reliable evidence of ethnic affinity in genocide investigations.     

Capitalism and inequality: The negative consequences for humanity

Conclusions This paper has attempted to reveal the degree of inequality which exists within the capitalist world system among nations, among regions of nations, among classes, and among various sexual, racial, and ethnic groups. For themost part these inequalities are the direct and inevitable result of the normal operations of the capitalist mode-of-production. I have attempted to integrate an existant body of literature within a neo-Marxist theoretical perspective. By using such a perspective, I have attempted to document that inequality in the twentieth century is largely rooted in the capitalist relations of production and the normal machinations of the capital accumulation process. I have also tried to show that capitalist inequality is a major factor in determining the physical and psychological plight of the majority of the human race, particularly in the areas of life expectancy, infant mortality, morbidity, physical illness, mental illness, and so forth. The implications of such an analysis are profound and threatening to many. For equality of the human condition to become a reality, and thus for these negative human experiences to be significantly alleviated, would require, it would seem, a major restructuring of our most basic and taken-for-granted political-economic institutions and values. The sanctity of private property ownership would need to be drastically interfered with in order to bring about the qualitative improvement of the living conditions and experiences of the world's peoples. It seems to me that we would have to entertain the notion that private property ownership must be abolished and a social ownership and control of the commanding heights of the economy established as a first giant step towards a humane world.This is a paper presented at the annual meetings of the Canadian Sociology and Anthropology Association, the Learned Societies, May 28–31, 1981, Halifax, Nova Scotia.     

Genetic structure among 38 populations from the United States based on 11 U.S. core Y chromosome STRs

A DNA database consisting of the 11 Y chromosome short-tandem-repeat (Y-STR) recommended by the Scientific Working Group on DNA Analysis Methods is constructed for 2517 individuals from 38 populations in the United States. The population samples derive from five ethnic groups currently living in 10 states. A multidimensional scaling (MDS) plot places the populations into four discrete clusters (African Americans (AA), European Americans (EA), Hispanic Americans (HA), and Asian Americans (SA)) and one dispersed cluster of Native Americans. An analysis of molecular variance (AMOVA) indicates that a large proportion of the total genetic variance is partitioned among ethnic groups (24.8%), whereas only a small amount (1.5%) is found among-populations within ethnic groups. Separate AMOVA analyses within each ethnic group show that only the NA sample contains statistically significant among-population variation. Pair wise population differentiation tests do uncover heterogeneity among EA and among HA populations; however, this is due to only a single sample within each group. The analyses support the creation of AA, EA, HA, and Asian American databases in which samples from different geographic regions within the United States are pooled. We recommend that separate databases be constructed for different NA groups.