Domestic legislatures and international human rights law: Legislating on religious symbols in Europe

This article examines the dynamics of domestic legislatures' application of international human rights law. Specifically, this article asks the following: What factors shape how domestic legislatures apply international human rights law while they enact national law and policy? Lawmakers have a variety of motives for invoking and deliberating international law. Given these motives, the article identifies two factors — civil society actors and legal experts and the flexibility of international law — that are likely to contribute to if and how national legislatures interpret and apply international human rights law while legislating. These factors are examined through case studies on religion in schools in the United Kingdom, Germany, and France. This article argues civil society actors and legal experts and the flexibility of international law inform lawmakers' estimation of political costs related to compliance and thus how they apply international human rights law to domestic legislation.     

从国际法角度看我国的外国人驱逐法律制度

我国法律中规定了多种具有驱逐外国人效果的法律措施,如限期出境、遣送出境和驱逐出境等,在适用这些法律措施时,不仅要遵守我国法律的相关规定,还要与我国承担或应当尊重的国际人权义务相一致。我国的驱逐外国人制度应当符合国际法所要求的禁止驱逐难民和无国籍人、禁止集体驱逐、禁止推回和对外国人的程序保护等要求。同时,我国也应积极加入驱逐外国人国际规则的制订,促进对包括海外华人在内的处于他国境内的所有中国人的权利的尊重与保护。     

From Peacekeeping to Stabilisation: Interorganisational Co-operation,Challenges and the Law

ABSTRACT

Global complexity and limitations in the United Nation's legal framework necessitates collaboration with regional organisations, creating tension between the legal frameworks guiding peacekeeping, the use of force, and intervention practices within the increasing complexity of peace enforcement and stabilisation missions with a Protection of Civilians mandate. With the UNs lack of impetus in clarifying stabilisation as a concept, the use of force required for stabilisation cannot be justified, necessitating the use of regional organisations' more flexible legal frameworks. The continued complexity of contemporary peace and security requires a reassessment of peacekeeping doctrine that, if left unaddressed, risk condemnation for illegal ‘peacekeeping'.     

‘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.     

‘When I find myself in times of trouble …’ : The conditional effect of international organisations on policy convergence

Most quantitative analyses of policy convergence treat transnational communication in international organisations and domestic economic problems as additive factors. By contrast, this article argues that domestic economic problems motivate governments to search for successful policies, while international organisations offer channels for policy learning. Thus, both factors interact, magnifying each other's effects. The argument is corroborated by a quantitative analysis of the privatisation of telecommunications providers in the Western OECD world. A dyadic logit model shows that joint membership in international organisations increases the likelihood of policy convergence if governments face budget deficits. The argument of the article builds a bridge between theories of international organisations and domestic theories of policy making. Theories of the former gain an important scope condition specifying the conditions under which transnational communication works, while exploring the latter gains a theory specifying where new policy ideas come from.     

Legitimacy and the Rise of NGOs: the Global and Local in South Asia

We extend sociological institutionalist theory and draw on evidence from South Asia to develop a research agenda for studying how nongovernmental organization (NGO) legitimacy plays out in national and local arenas. After first presenting a sociological institutionalist approach to nongovernmental organizing, we extend it into three areas: national laws governing international and domestic NGOs, growth in domestic NGOs, and the situated interactions among international organizations, nation-states, local organizations, and other actors. (1) International and domestic NGOs are governed by national laws, and we sketch the history of such laws in South Asia to hypothesize a pattern of legal change leading to the present social concern about accountability. (2) Sociological institutionalism suggests that domestic NGO growth is related to the presence of international NGOs and can be interpreted as the diffusion of formal organization. (3) We conceptualize the situated interactions of the plethora of actors as a meso realm at the interface of the global and local. The interrelations of these actors are marked by tensions and conflict. There are many permutations of how they coalesce, not always along a global—local cleavage, and there is a need to examine the full range of interactions. We explore some of these and it seems that actors use accountability strategically in their conflicts with others. The ‘uses of accountability’ in contesting legitimacy within such situations is proposed as a fruitful research direction.     

Decoupling practical and legal compliance: Analysis of member states’ implementation of EU policy

Despite the vast literature on policy implementation, systematic cross‐national research focusing on implementers’ performance regarding different policy issues is still in its infancy. The European Union policies are conducive to examining this relationship in a comparative setting, as the EU member states need to implement various EU directives both legally and in practice. In this study, a first attempt is made to analyse the relationship between legal conformity and practical implementation and the conditions for practical deviations in 27 member states across issues from four policy areas (Internal Market, Environment, Justice and Home Affairs and Social Policy). In line with existing approaches to EU compliance, it is expected that the policy preferences of domestic political elites (‘enforcement’) affect their incentives to ‘decouple’ practical from legal compliance. Instead, administrative and institutional capacities (‘management’) and societal constraints (‘legitimacy’) are likely to limit the ability of policy makers to exert control over the implementation process. The findings suggest that practical deviations arise from policy makers’ inability to steer the implementation process, regardless of their predispositions towards internationally agreed policies. The results have strong implications for the effective application of international rules in domestic settings, as they illustrate that political support for the implementation of ‘external’ policy does not ensure effective implementation in practice.     

Who are the ‘international community’? Development professionals and liminal subjectivity

ABSTRACT

This article explores international development space at the micro-level through the career stories and discursive representations of three aid workers—two nationals, one expatriate—who worked together on the same project in Tajikistan in 2008–9. Findings bear witness to the ‘liminal subjectivity’ of development where professional aid workers are, vocationally and socially, culturally and politically, neither domestic nor foreign. Aid workers’ careers demonstrate the resilience of ‘the international’ in contemporary humanitarian practice. At the same time, their biographies are not easily sutured into emergent cosmopolitanism as they remain encumbered by the boundaries of the national and international. Moreover, the article demonstrates that, while the rhetoric of international development and its putative leaders are criticized within the community itself, the international community may be formed by subordinate individuals in their liminal subjectivities.     

The dynamics of federalism,subnational markets and trade policy-making in Canada and the US

Preferential trade agreements are now the dominant trend in the international trading regime. Unlike earlier ‘first generation’ agreements, the new agreements became more comprehensive in their coverage, impinging on areas that are subject to subnational jurisdiction of federal systems. Given constitutionally-prescribed competences allocated to subnational governments, the diversity of interests and sensitivities of subnational entities bring deeply entrenched regulatory practices under scrutiny. Few studies have focused on whether the combination of economic liberalization and political fragmentation will push federal and sub-federal entities to address domestic market fragmentation. We examine whether international market liberalization fosters domestic regulatory and structural reforms to cross-border barriers to trade in Canada and the United States. We show that while the political incentives and functional pressures generated by free trade agreements have fostered attempts at addressing internal market restrictions in Canada, the US has not followed the same path due to weaker mechanisms of intergovernmental coordination.     

Legality and (dis)membership: removal of citizenship and the creation of ‘virtual immigrants’ in the 1967 Israeli occupied territories

This article seeks to show that liberal law continues to justify and legitimize displacements of minority populations, even in an age of universal human rights. As demonstrated by the Israeli court's 1988 decision legitimating the deportation of Mubarak Awad, citizenship and immigration laws provide juridical justifications for contemporary ethno-national settler projects. In the aftermath of a territorial conflict that defines or redefines the bounds of the state, native minority populations are vulnerable to being legally recast as ‘aliens’ or ‘virtual immigrants’. National conflict may thus be transformed by legal formalism into a question of immigration law, allowing the power relations that produce state sovereignty to slip into the background.     

Over‐commitment and backsliding in international trade

‘International commitments pay’ could be the mantra of the current literature on international organisations: tying their hands at the international level is a means for governments to push through politically costly, but ultimately welfare‐enhancing reforms. It is argued in this article that this logic has a limit, which can be empirically observed. Past a given point, further depth of integration increases odds of backsliding. This belief is tested in the context of accession to an institution whose rules have been heavily scrutinised: the World Trade Organization (WTO). Countries with low rule of law are imposed a risk premium in the form of demands for deeper concessions, making ‘over‐committing’ possible. This relationship is used to assess the extent to which deeper commitments lead to backsliding. Industry‐level analysis supports these beliefs: deep commitments lead to increased odds of backtracking through a range of legal and extra‐legal mechanisms. Ambitious international commitments can backfire.     

America's Other Guantánamo: British Foreign Policy and the US Base on Diego Garcia

The British Indian Ocean Territory (BIOT) is one of Britain's most controversial Overseas Territories. Its indigenous people, the Chagossians, were exiled from their homes in the 1960s and 1970s so that BIOT could play host to a US military base on the island of Diego Garcia. Meanwhile, Diego Garcia has been tarnished by revelations regarding its role in the CIA's ‘extraordinary rendition’ programme and by allegations of torture. And earlier this year, an international tribunal ruled that the UK government had violated international law by pushing through a Marine Protected Area to cover the territory over and above the protestations of neighbouring states. In this article, I argue that allowing the resettlement of BIOT by the Chagossians would go a long way towards improving the way that the territory has been governed for the past five decades.     

The Use of Drones in Pakistan: an Inquiry into the Ethical and Legal Issues

It is clear the United States and other major powers see drone warfare as the wave of the future. Today more than 70 countries possess drone technology and many others are seeking to acquire it. It is expected that within 20 years, there will be swarms of drones and many autonomous fighters and bombers in use around the globe. If the trends continue as anticipated, these drones will usher in a ‘boundless and borderless war without end’. The development of technological improvements will eventually lead to a militarisation of foreign policy and unnecessary conflicts. While the circumstances in Pakistan are unique, the questions surrounding the US drone programme in non‐combat zones such as Pakistan raise important issues regarding how drone use should be governed in the future. This article is an attempt to analyse legal and ethical issues raised by the US use of drone technology in non‐combat zones such as Pakistan, and it looks into its underpinnings and also its repercussions as tool in prospective warfare.     

Regulating public procurement in Brazil,India, and China: Toward the regulatory-developmental state

Since the 1990s, emerging economies such as Brazil, India, and China have adopted transparency-enhancing public procurement regulations in line with international norms. Yet they have hesitated to join the World Trade Organization's legally binding Government Procurement Agreement (GPA). Based on the Special Issue framework, this article scrutinizes the underlying domestic and international determinants, and how they influence emerging countries’ positions in two overlapping international procurement regimes. In particular, reform-oriented state actors, societal pressure, and lesson-drawing from international templates have induced a strengthening of domestic procurement institutions and turned emerging countries into “promoters” of the international transparency regime. Conversely, the rising powers have remained, to varying degrees, reluctant “spoilers” of the GPA-based market access regime in order to keep policy space and use procurement for domestic development objectives. The article suggests that this regulatory-developmental layering of rule-based governance and interventionist ambitions characterizes the variegated regulatory state in emerging countries.     

Governing disorder: the Australian Federal Police and Australia's new regional frontier

Abstract

The Australian Federal Police has in recent years become an important actor in both the implementation and design of Australian-led state building interventions in Australia's near region of Southeast Asia and the South Pacific. The article focuses on the recent expansion of the Australian Federal Police as a way of understanding the emergence of a new partly (and strategically) deterritorialized, ‘regional’ frontier of the Australian state. Within this new frontier, whose fluctuating outlines the Australian Federal Police not only polices but also to a considerable extent shapes and reshapes, as one of the primary expert agencies on identifying and managing transnational security risks, Australian security is portrayed as contingent on the quality of the domestic governance of neighbouring states, thereby creating linkages between the hitherto domestic governing apparatus of the Australian state and those of other countries. This allows for the rearticulation of the problems affecting intervened states and societies – indeed, their very social and political structures – in the depoliticized terms of the breakdown of ‘law and order’ and the absence of ‘good governance’, which not only rationalizes emergency interventions to stabilize volatile situations, but also delegitimizes and potentially criminalizes oppositional politics. The Australian Federal Police, however, does more than merely provide justification for intrusive state transformation projects. Its transnational policing activities open up a field of governance within the apparatus of intervened states that exists in separation from international and domestic law. The constitution of such interventions ‘within’ the state leaves intact the legal distinction between the domestic and international spheres and therefore circumvents the difficult issue of sovereignty. As a result, police and other executive-administrative actors obtain discretionary ordering powers, without dislodging the sovereign governments of intervened countries.     

The rule of law and citizenship in central India: post-colonial dilemmas

This article argues that the ‘rule of law’ has become a central goal in popular struggles the world over, and it is citizenship struggles which infuse the rule of law with substantive, as against a thin procedural, meaning. This is especially true in post-colonial societies like India, with a tradition of inherited colonial law designed for subject-hood rather than citizenship, growing inequality which affects both the enactment and interpretation of law, and the violation of law by those who are meant to protect it. Demanding implementation of existing laws, breaking laws that are patently unjust whether through armed struggle or non-violent social movements, or seeking to change laws in favour of new and more democratic laws, are all major avenues by means of which people express their aspirations as citizens. However, law's mutually constitutive relation with social practice means that people enter into political and legal negotiations already constituted as certain kinds of legal subjects, which constrains their imagination in certain ways.     

Migration,citizenship, and the problem of moral hazard

Recent literature on international migration focuses on the benefits it confers on migrants in the form of better opportunities and living conditions, as well as on households receiving remittance. Although legal migrants in OECD countries often enjoy more rights than they would at home, this paper also looks at some of the negative aspects for sending countries. The paper uses two cases, the Philippines and Morocco, countries that have elaborated large-scale and successful policies to facilitate the export of labor and the flow of remittances. Despite decades of massive migration abroad, Morocco still has surprisingly poor social indicators, whereas the Philippines, despite much higher social indicators, has significant levels of poverty. Despite the long-term use of this development tool, migration, while opening up opportunities for people who leave home, maybe less positive for those who remain behind. Citing the views of migration experts as well as local voices, this paper examines some downsides of migration, including its use as a safety valve for discontent that may actually delay demands for needed domestic reforms that would broaden social rights at home.     

A ‘Post-Work’ World: Geographical Engagements with the Future of Work

This article reviews geographical research on labour market changes that pose a challenge to ‘work’ as a compelling category of analysis. Drawing inspiration from feminist scholarship that has sought to develop a frame for thinking about the concept of work so that other activities outside employment are recognised, it considers what everyday practices of work, including domestic and reproductive labour, can teach us about the realities and futures of contemporary capitalism. While ‘work’ has long served as a presumed norm or telos of ‘development’, this article considers the prospect of the ‘end of work’ and of a specific type of accompanying capitalist society. It outlines the challenges for policy making in bringing forth a ‘post-work’ world without cementing social and economic inequality.