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.     

Transformative state publics

Against the conventional assumption that publics, and particularly radical publics, are outside the state, this article explores their mutual combination and entanglement in order to consider how states might contribute to progressive politics. At the heart of this account is a concept of the state that incorporates the dissident and fleeting, and a conception of transformative publics based on four modalities: prefigurative, improper, liberatory, and unconditional. Transformative publics can be found within state formations; they also combine with them to produce new political governance relations. To develop this argument, the article focuses on two kinds of publics: those involving compelled state actors, such as school children and prisoners; and those, such as protest camps, taking shape through grass-roots political action.     

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.     

From papyrus to cyber: how technology has directed law enforcement policy and practice

Abstract

Cyber technology, both explicitly and implicitly, impacts every facet of local, state, national and international criminal justice operations. Unfortunately, technological changes, including cyber technologies, are rarely well thought out and may have unintended negative consequences. Additionally technology, and particularly cyber technology, evolves at a much faster pace than our understanding of the ethics, laws and policies involved. Consequently, citizens, criminals and justice professionals often rely on technology without the benefit of legal protections or explicit agency policy. This paper will examine how technology, both historically (non cyber) and contemporarily (cyber), has positively and negatively affected one aspect of the Criminal Justice enterprise – law enforcement.     

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.