试论避难权及其相关法律问题

国际法中的避难权,是基于出入境权,与驱逐外国人出境权、不将避难者推回绝境义务和驱逐出境抗辩程序权相对抗、共平衡的一项基本人权。避难权的本质是国家限制,国家没有国际义务给予其庇护。国家有权利驱逐未经许可入境或者许可入境后逾期不离境者对抗避难权。但是,只有完全履行不将避难者推回绝境义务、尊重驱逐出境抗辩程序权,驱逐外国人出境才是可以接受的。单独分析、实施其中任何一项,都会导致理论上理解的片面,和实践中处理与难民有关问题的不妥当。     

Project 0395A.ĐC | Performing disorientation

The end of the Vietnam/American War lead to one of the largest exoduses of the latter part of the twentieth century: more than 3 million people escaped from Vietnam, Cambodia, and Laos over the course of two decades starting in 1975, many by boat and an estimated 1 million died at sea. How do you witness and retell stories of violence in the aftermath of war and dispossession at sea in the context of U.S. empire and Vietnamese socialist revolution? Project 0395A.?C, a multi-media installation by Vietnamese artist, Ly Hoang Ly, intentionally structures and choreographs disorientation to grapple with the condition of being dispossessed at sea, as the Vietnamese refugee is suspended at sea and entangled in histories of French colonialism and caught at the crux of U.S. imperial war and Vietnamese socialist revolution. I argue that disorientation is a performative experience and method that performs an act of refusal to break voyeuristic modes of consuming histories of violence and reorients the body to another theory of Vietnamese refugee subjectivity. I analyze how Ly creates a performative installation and performs with water as the core aesthetic material used to frame, dialogue, and re-narrate a story of Vietnamese refugee subjectivity.     

Refugee Camp Economies

This paper describes the economy of a refugee camp. Key distortionsto the economy of Kyangwali Refugee Settlement in Uganda arenoted and the findings are used to construct a generic modelof a refugee camp economy. Camp economies are influenced byhost country policies, such as restrictions on refugees’movement and work, as well as by the physical and economic isolationof the site. Moreover, market outcomes interact with the natureof humanitarian assistance and the special demographic compositionof the refugees to determine the prices and quantities thatcharacterize the market. An awareness of the dynamics of therefugee camp economy has important implications for practitionersand scholars alike.     

Turkish foreign policy in the post-Arab Spring era: from proactive to buffer state

Our globalising world is presently in a state of global turmoil. Risk, uncertainty, and insecurity are the terms that shape global/regional/national/local affairs and developments. The refugee crisis and the war against ISIL constitute the twin crises creating seismic impacts and consequences that in turn escalate risk and turmoil. Turkey is situated at the heart of these two crises, being very much affected by them and, therefore, perceived as a pivotal actor in the way in which the West is dealing with them. Yet, the West’s current instrumentalist and functionalist approach to Turkey as a buffer state designed to contain these two crises in the MENA does not offer an effective and sustainable solution to these crises, much less provide the stability and order that is direly needed in regional and global affairs.     

Place and Afghan Refugees: A Contribution to Turton

This article contributes to the discussion on place/space/identityrecently re-opened by David Turton, who introduces the notionof ‘place-making project’ to describe the relationbetween a group of Ethiopian agro-pastoralists and place. Thisarticle aims to expand Turton's framework to situations otherthan the one he depicts, as well as to develop some of the conceptspresented therein. With reference to Afghans in Pakistan, thefollowing arguments are made. First, a vast array of overlappingplace-making projects simultaneously encompass territory andindividuals, attributing a different significance to them onthe basis of peculiar logics. Second, the interaction betweensuch projects has material effects on spatial and institutionalpractices of migration and assistance. Third, these materialeffects have different significance for refugees, since eachof them is differently encompassed by such projects. The articleconcludes by highlighting how such a framework can be used toassess power relations and challenge de-politicized narrativesof refugee protection and assistance.     

THE CRIMINOLOGY OF GENOCIDE: THE DEATH AND RAPE OF DARFUR

Nearly 400,000 Africans may have been killed in racially motivated, lethally destructive, state supported, and militarily unjustified attacks on the farms and villages of the Darfur region of Sudan. Using victimization survey data collected from Darfurian survivors living in refugee camps in Chad, and drawing on conflict theory, we present evidence that the Sudanese government has directly supported violent killings and rapes in a lethally destructive exercise of power and control. In the language of the Geneva Genocide Convention, these attacks have inflicted on African tribal groups "conditions of life calculated to bring about their physical destruction in whole or in part." The data include explicit evidence of the central mediating role played by racism in the attacks. There is little or no evidence from the surveys to support the claim of the Sudanese government that the attacks have been aimed at rebel groups as a counter-insurgency strategy. The Sudanese government claims are by this analysis not credible as self-defense arguments, but rather of the exercise of power and control through denial. Further forms of such denial are considered, including the slowness of modern American criminology to advance the study of genocide.     

Determinants of the Psychosocial Adjustment of Southern Sudanese Men

Our study examines the psychosocial adjustment of 164 SouthernSudanese men who are resettling in a western Canadian city.Special emphasis is placed on the role of financial and emotionalstrain associated with their sending money to relatives in Africa.Key findings point to the importance of religiosity in predictingtheir psychological adjustment, and social support and reducedfinancial role strain in predicting their social adjustment.Findings serve to guide the provision of culturally appropriateservices and policies for African immigrants and refugee claimantsin Canada.     

Is a Human Security Approach Possible? Compatibility between the Strategies of Protection and Empowerment

This article explores the delivery of strategies for human security,protection and empowerment, using as case study the UN AssistanceMission in Afghanistan (UNAMA) during 2002 and 2003. This UNoperation took place in the context of the international interventionsin Afghanistan and was a direct consequence of the US-led waron terror and the post-conflict state-building process whichensued. It was tasked to address the immediate human insecurity.The analysis of this mission highlights the pertinent issueswhich relate to the development of an effective human securityapproach and which apply to UN operations in general. It isvital, in this respect, to examine the compatibility betweenthe strategies of protection and empowerment, as human securitynow forms a central value of UN operations. This exploration,in turn, questions the distinct role of the UN in dealing withhuman insecurity in post-conflict situations.     

The Leverage of the Gatekeeper: Power and Interdependence in the Migration Nexus between the EU and Turkey

In March 2016, the European Union and Turkey reached an agreement seeking to end the refugee flows from Turkey to Greece. This agreement is the outcome of a bargaining process in which Turkey gained considerable leverage from its position as a ‘gatekeeper’ situated between Syria and an increasingly ‘immigration-averse’ and securitised EU. More importantly, this bargaining process might have broader implications for the EU and its relations with its periphery, since Turkey has progressively reversed the asymmetries of power by demonstrating the indispensability of its continued commitment to act as gatekeeper vis-à-vis an increasingly fragmented and anxious EU.     

论气候难民保护面临的国际法问题及其对策

全球变暖增加了酷热、飓风等极端天气出现的频率,而气候变化导致的海平面上升也将严重影响沿海地区居民的生活。大量由气候原因而迁移的人由此催生了一个新的名词——气候难民。但是,无论是国际立法还是各国国内立法,由于缺乏明确、清晰的定义,使得国际、国内层面对于气候难民的保护迟迟未能落实。因此,应当给予气候难民一个明晰的定义,国际社会应当通力合作改善气候难民的生存现状,赋予其充分的生命权、健康权、财产权、土地权等,并积极促进其与当地社区的融合与交流,通过建立国际气候难民救助基金来保障气候难民的权利。