‘Domestic transnationalism’: legal advocacy for Mexican migrant workers' rights in Canada

Every year thousands of Mexicans travel to Canada to work in Canadian fields and greenhouses under the Mexico-Canada Seasonal Agricultural Worker Program. While the programme is often praised, it has also been the subject of persistent criticism about its failure to meet certain human rights standards. In this article, we examine the legal strategies civil society advocates of migrant workers have adopted to promote migrant workers' rights in Canada. Specifically, we examine legal struggles undertaken by the United Food and Commercial Workers union to challenge Ontario government legislation that does not permit collective bargaining by farmworkers in the province. We argue that this case demonstrates that despite the fact that many of the workers involved are transnationalized, appeals to international bodies or to international human rights standards have been of limited utility in promoting their rights. Despite frequent arguments about the increased relevance of international human rights and citizenship norms and transnational human rights advocacy, in this case the national and sub-national scales remain predominant. The result, we argue, is a form of ‘domestic transnationalism’, in which domestic political actors engage in advocacy within domestic legal institutions to promote the rights of a transnational mobile labour force.     

Just work it out amongst yourselves: the implications of the private mediation of religious freedom

In its much-heralded report of 2008, the Bouchard-Taylor Commission struck by the Quebec government divided the resolution of contests involving religion-based claims into two realms: those which are solved in the courts and before human rights tribunals and therefore enter into formal determinations based on ‘reasonable accommodation’ and those disputes which are settled in private, with the guiding principle being responsabilisation dans la sphère privée' or ‘concerted adjustment’. In the report it is clear that the Commission prefers the second alternative for the resolution of disputes or disagreements about such things as prayer space, kirpans in schoolyards, serving pork at maple sugar farms, and religious needs in employment contexts. In this article I argue that encouraging the private resolution of issues around religious freedom, particularly in a social, legal and political climate in which there is fear and anxiety about the religious other, is an alternative that renders already vulnerable groups and individuals even more vulnerable. This in turn contributes to a situation in which they risk being oppressed and disadvantaged in a society which promises equality. Such a situation can create tension which could easily have been avoided if clear guidelines based on a beginning place of citizen equality were publicly and clearly stated by legal and political institutions.     

对当前铁路公安民警维权工作的思考

当前,我国仍处于"人民内部矛盾凸显期、刑事犯罪高发期和对敌斗争复杂期",由于执法环境恶化、法律法规对民警执法权益保护力度不够、维权保障机制不健全等,民警在执法中遭受不法侵害的情况突出,主要表现在暴力抗法、诬告错告、辱骂威胁等方面。督察部门有维权的法定职责,应从营造正面舆论环境、提高执法工作质量和标准、提高民警执法水平和防范能力、丰富创新维权手段等方面入手,建立健全公安维权工作机制,确保公安机关执法工作的正常开展。     

Constructions of migrant rights in Canada: is subnational citizenship possible?

Devolutionary trends in immigration and social welfare policy have enabled different levels of government to define membership and confer rights to people residing within the political boundary of a province or municipality in ways that may contradict federal legal status. Drawing upon theories of postnational and deterritorialized citizenship, we examined the legal construction of social rights within federal, provincial, and municipal law in Toronto, Ontario. The study of these different policy arenas focuses on rights related to education, access to safety and police protection, and income assistance. Our analysis suggests that the interplay of intra-governmental laws produces an uneven terrain of social rights for people with precarious status. We argue that while provincial and municipal governments may rhetorically seek to advance the social rights of all people living within their territorial boundaries, program and funding guidelines ensure that national practices of market citizenship and the policing of non-citizen subjects are reproduced at local levels.     

以民主法制规范社会主义市场经济(上)

社会主义市场经济是中国经济矛盾演变的必要阶段.作为经济体制,它是社会主义制度的具体化,因此必须坚持社会主义原则,其核心就是民主.民主原则的制度化,形成社会主义法制体系.实行社会主义市场经济是克服旧的统制经济体制缺陷的历史性变革,其关键就在于以民主法制规范经济生活的各个层面和环节,并以执法、立法机构予以保证,由此促进经济的健康有序发展.     

"行乞权"之争的法理误区--兼评"法无明文禁止之处即可作权利的推定"命题

乞讨行为从来都不是一种被社会道德或国家法律所倡导的行为."行乞权"既不是公民的生存权,也不是一项"穷人的道德权利"或具有普遍意义的道德权利.在"行乞权"之争中,暴露出长期以来法理上,以及近些年来人们在人权理念上的种种误区.逻辑上和实践中,从法无明文禁止之处不能必然地推导出权利.人权不是一种排除义务的绝对权利,或可以凌驾于一切社会规范之上不含界限的一种特权.     

Sovereigns and citizens? The contested status of American Indian tribal nations and their members

American Indian tribal members are citizens of both tribal nations and the larger national body. Tribal nations' contemporary resurgence has made tribal citizenship politically visible, materially significant, and politically contested. Conflicts about tribal members' status are not merely racial or ethnic in character, but reflect fundamental tensions between settler societies and indigenous survivors who challenge national narratives and demand collective rights. Tribal members' dual citizenships and the conflict about them are the result of discordant federal policy legacies, tenacious tribal survival, and the erosion of racial barriers to citizenship. Differences between ethnonational tribal citizenship and republican-based US citizenship fuel public criticism in the context of widespread ignorance about treaties and tribal rights. Crucially, while legal and political dimensions of citizenship have been partly extended to tribal members, they remain excluded from the national identity.     

Had we but world enough,and time: integrating the dimensions of global justice

Requirements for a decent life are to be found in the dimensions both of human time and ecological space. While the latter has attracted attention from some global justice theorists, the former is a comparably neglected matter. This paper aims to integrate temporal and ecological perspectives in order to provide an enriched conceptual framework for grasping what global justice means today. We begin by showing that while contemporary political philosophy tends to assume a somewhat undifferentiated conception of time, treating temporal justice as a future-oriented concern distinct from issues of intra-generational justice, there are richer understandings to be found in some influential schools of critical social theory. Drawing then, particularly, on Alf Hornborg’s theory of ‘unequal exchange of time and space’, and supplementing this with insights from David Harvey, we analyse three ways in which disadvantage can be perpetrated in the dimension of time. We then show how those categories of temporal disadvantage broadly correspond with the three basic rights identified by Henry Shue. On this basis, we claim there is a strong argument for regarding temporality as an integral aspect of global justice here and now, for the generation already – although too often precariously – living.     

“逃避侦查或者审判“含义和构成

在中国刑事追诉时效中,有一个颇为重要但却"被遗忘"的理论角落,即如何理解追诉时效延长制度中的"逃避侦查或者审判".本文在分析时效制度价值的基础上,通过探求语词的确切含义、分析法条的逻辑关系,着重论证了"逃避侦查或者审判"应以当事人"明知"为前提,并提出了构成"逃避侦查或者审判"须具备的时间条件、主观条件、客观条件.