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.     

WILLIAM H. REHNQUIST AWARD ADDRESS

The William H. Rehnquist Award is one of the most celebrated judicial honors in the country. ¹ It is given each year to a state court judge who demonstrates the "highest level of judicial excellence, integrity, fairness, and professional ethics." ² The 2004 recipient, Judge Leonard Edwards, is the Supervising Judge of the Santa Clara County, California juvenile dependency court. ³ He is the first juvenile court judge to receive this prestigious award. During the 24 years he has held his position, Judge Edwards has worked extremely hard to improve how the juvenile court system serves troubled families. He has founded two organizations to achieve this end, the Juvenile Court Judges of California and the Santa Clara County Domestic Violence Council. ⁴ Judge Edwards serves as a lead judge in San Jose's Model Court, which is one of twenty-five jurisdictions in the country which utilizes new ideas and techniques to improve adoption rates for children in foster care. ⁵ Moreover, he has worked as president of the National Council of Juvenile and Family Court Judges. ⁶ Below is the speech he gave after accepting the award from U.S. Supreme Court Justice Anthony M. Kennedy. The speech notes the importance of the award to everyone working in America's juvenile courts.     

Generating Usable Knowledge through an Experimental Approach to Public Administration

This introduction to the symposium on experimental methods in public administration shows how using experimental methods generates not only research that is empirically credible, but also relates to the real world of public administration. The ten articles in the symposium subject classic public administration theories or hypotheses that have been generated in nonexperimental research to rigorous testing using experimental methods. The first group of articles consists of studies with citizens who interact with government. The second group consists of three studies with public officials.     

Public Value Management: A Case Study of Transitional Change in Disability Sector Reform in Western Australia

This paper contributes to the study of public value management (PVM). PVM is distinguished from other approaches to public administration in its focus on establishing community networks and collaborative capacity building for the creation of public value. We explore PVM through a case study of a public–community sector partnership strategy called the positive behaviour framework (PBF), a state government initiative designed to transform services for people with disabilities. The development and implementation of the PBF is analysed via a transitional change or ‘sector awareness’ model. Each phase of the model is illustrated through ‘positive stories’ that depict key moments in the change process and in the activities that public sector managers employed to raise awareness, build capacity, and promote collaboration. We discuss the implications of the study for disability sector change management and for the further study of the PVM approach to public sector administration.     

The Effects of Environmental Exposure on the Optical,Physical, and Chemical Properties of Manufactured Fibers of Natural Origin

Manufactured fibers derived from natural origins include viscose rayon, azlon, and polylactic acid (PLA). A 2‐year study was conducted to document any changes these fibers undergo as a result of exposure to various environmental conditions. Fabric swatches representing each fiber type were exposed to freshwater, saltwater, heat, cold, ultraviolet light, or composter conditions. Fibers from the swatches were periodically analyzed using polarized light microscopy and Fourier transform infrared microspectroscopy. Fiber solubility and melting‐point behavior were measured every 6 months. Except for the complete degradation of viscose rayon in the composter, saltwater, and freshwater environs, no changes in the optical properties, infrared spectra, solubility, or melting points of the remaining fibers in any of the environments were observed. However, microscopic morphological changes were observed in fibers from two azlon swatches submerged in freshwater and saltwater, two PLA swatches exposed to ultraviolet light, and two viscose rayon swatches exposed to ultraviolet light.     

Zwischen „der Eurokratie“ und „den Leuten“: Zum Problem der professionellen Vermittlung von Europapolitik

EU politics is strongly shaped by the activities of experts and professional actors with special knowledge of EU-specific rules, standards, semantics and institutional procedures. These EU professionals serve as important transmitters and brokers of European affairs in national contexts. They bundle and represent interests, provide information on EU policy proposals or support local and national organizations in their attempts of obtaining EU funding. In this way, these specialized actors have an important intermediary position between the “Eurocracy” and national citizenries as well as local addressees of EU policymaking. Building on classical and contemporary sociological discussions on the problem of professionalization in politics and on interview data the article analyzes the activities of these actors and scrutinizes what particular practices and strategies of interest mediation and policy transfer look like. What types of transmission and mediation can be found? Can EU professionals really be regarded as mediators and transmitters between European and local interests, or should they rather be seen as a relatively closed and self-referential group of specialists using their special competences mainly for their own sake and for positioning themselves within closed expert circles? Which difficulties and limitations can be seen with regard to practices and strategies of mediation in contemporary EU affairs?     

Desecuritization in China's Behavior towards Its Transboundary Rivers: the Mekong River,the Brahmaputra River,and the Irtysh and Ili Rivers

Fresh water has no substitute, and its availability has been declining sharply around the globe. In Asia, China's role as a multidirectional and transborder water provider is unmatched. Analysis of China's behavior towards its transboundary rivers is therefore pivotal. By examining three different case studies—the Mekong River in Southeast Asia, the Brahmaputra River in South Asia and the Irtysh and Ili Rivers in Central Asia—this article seeks to lay the theoretical groundwork for understanding China's behavior. It pits previously applied realist rationales against the more recent notion of desecuritization strategies and makes a case for the latter. While desecuritization implies non- or de-escalation, it does not necessarily mean genuine long-term cooperation. The future of Asia's shared waters may thus be a contentious one.     

Elections and Deceptions: An Experimental Study on the Behavioral Effects of Democracy

Traditionally, the virtue of democratic elections has been seen in their role as means of screening and sanctioning shirking public officials. This article proposes a novel rationale for elections and political campaigns considering that candidates incur psychological costs of lying, in particular from breaking campaign promises. These nonpecuniary costs imply that campaigns influence subsequent behavior, even in the absence of reputational or image concerns. Our lab experiments reveal that promises are more than cheap talk. They influence the behavior of both voters and their representatives. We observe that the electorate is better off when their leaders are elected democratically rather than being appointed exogenously—but only in the presence of electoral campaigns. In addition, we find that representatives are more likely to serve the public interest when their approval rates are high. Altogether, our results suggest that elections and campaigns confer important benefits beyond their screening and sanctioning functions.     

How the ‘entry’ defines the ‘exit’: contradictions between the political and military strategies adopted in 2001 and how they have deleteriously affected the longer-term possibilities for stabilisation in Afghanistan

Focusing on the period 2001–2003, the paper discusses how the Western military intervention in Afghanistan changed power structures early on, undermining the political settlement in the long term and culminating in the present electoral crisis. Key concepts, a theoretical framework and the initial military approach (including how the initial military strategy undermined an indigenous solution for toppling the Taliban) are outlined and literature focused on hybrid governance and ‘legitimacy’ as an important but overlooked facet of peace-building is presented. Examples of ‘lessons learned’ in relation to the failure to engage with traditional forms of governance–early on in the Afghan conflict—are set out. The objective is to show that the military strategy adopted in 2001–2002 had adverse long-term consequences that were hard to reverse later on (e.g. by shifting the goalposts of military activity to, for example, a counter-insurgency strategy from 2005 onwards). This paper does not aim to resolve these paradoxes in the Afghan context going forward but offers implicit recommendations based on ‘lessons learned’.     

When Terrorism as Strategy Fails: Dissident Irish Republicans and the Threat to British Security

The use of terrorism as a strategy for obtaining political goals by non-state actors persists in the international system, despite attempts by states to counter the phenomenon. This article explores the resurgent threat posed to British security by dissident Irish republicans in order to illustrate the limited utility of terrorism as a strategy in the current sociopolitical context. Therefore, it has three objectives: First, it explains how strategic theory can aid in constructing a conceptual framework for explaining the persistence of terrorism, in general, and dissident republican violence, in particular. Second, it examines the dissident threat in light of the general failure of “armed struggle” to achieve republican goals in Irish politics. It is argued here that dissident republicans have confused “means” with “ends” and that this, ultimately, demonstrates the futility of their violence. Finally, the article suggests ways of tackling the dissident republican variant of terrorism.