Beyond Rainforests: Urbanisation and Emigration among Lowland Indigenous Societies in Latin America

Indigenous societies across lowland Latin America have recently made impressive political and territorial gains by emphasising their stewardship of and attachment to particular rural landscapes. But surprising new censal and microdemographic evidence shows that these groups have simultaneously been developing a presence in domestic and foreign metropolises. Cities offer employment and advanced education opportunities as well as escape from rural conflicts. We suggest that the dynamics and outcomes of these migrations are distinct from those of other rural Latin Americans. By outlining specific areas in which migration, politics, and territory appear to be interlinked, we seek to stimulate research that engages with these processes and their implications for indigenous advocacy and migration theory.     

Stories as Lived Experience: Narratives in Forced Migration Research

Stories are part of everyday life and constitute means for actorsto express and negotiate experience. For researchers, they providea site to examine the meanings people, individually or collectively,ascribe to lived experience. Narratives are not transparentrenditions of ‘truth’ but reflect a dynamic interplaybetween life, experience and story. Placed in their wider socio-politicaland cultural contexts, stories can provide insights into howforced migrants seek to make sense of displacement and violence,re-establish identity in ruptured life courses and communities,or bear witness to violence and repression. The researcher mustpay particular attention to his/her own role in the productionof narrative data and the representation of lived experienceas text.     

"以贷还贷"纠纷中的保证人责任--以最高人民法院公布判决书为对象

成文法体系下法律规则确定性程度的考察,由于最高人民法院定期公布裁判文书的举措,而成为可能。对最高人民法院公布裁判文书的比较发现:最高人民法院对以贷还贷的认定,在不同判决中采取了各自不同的标准,对以贷还贷纠纷中保证人承担责任的条件,也给出了不同甚至相互矛盾的理由,未能同案同判。相互矛盾和冲突的判决并存的现状表明,以贷还贷纠纷中保证人的责任,不啻是模糊的,甚至是混乱的。类似现象,损害了法律一致性、规则确定性原则的同时,必将抑制经济生活中保证人角色的发挥,加大人民法院(包括最高人民法院)案件数量的压力。建立案例约束制度,是增强法律可预测性的现实选择。     

不当得利行为能否构成侵占罪

不当得利构成民法上的债的侵权,是一种具有非法性的民事行为.当不当得利行为人占有他人财物且数额较大拒不返还时,能否按照侵占罪追究行为人的刑事责任,这是自1997年刑法修订以来一直困扰我国司法界和法学界的一个复杂问题.实践中因不当得利而发生"侵占"的情况多种多样,拒不返还不当得利财物的现象已构成了对社会的严重危害,迫切需要对此进行刑事化剖析.本文结合民法原理和犯罪构成对不当得利行为的非法性、罪责性及学者的不同观点进行具体分析,以客观、合理地认定不当得利与侵占罪的关系.     

Migrant Workers or Working Women? Comparing Labour Supply Policies in Post-War Europe

ABSTRACT

Why did some European countries choose migrant labour to expand their labour force in the decades that followed World War II, while others opted for measures to expand female employment via welfare expansion? The paper argues that gender norms and the political strength of the left were important structuring factors in these choices. Female employment required a substantial expansion of state intervention (e.g. childcare; paid maternity leave). Meanwhile, migrant recruitment required minimal public investments, at least in the short term, and preserved traditional gender roles. Using the contrasting cases of Sweden and Switzerland, the article argues that the combination of a weak left (labour unions and social democratic parties) and conservative gender norms fostered the massive expansion of foreign labour and a late development of female labour force participation in Switzerland. In contrast, more progressive gender norms and a strong labour movement put an early end to guest worker programmes in Sweden, and paved the way for policies to promote female labour force participation.     

亚太移民区域磋商机制与国际移民问题

近年来，全球人口最为集中的亚洲及太平洋地区，人口偷渡和贩卖层出不穷，难民问题日益严重，区域国家间的移民劳工流动日趋频繁。面对纷繁复杂的国际移民问题，亚太国家建立了一些专门性的非正式的移民治理区域磋商机制来应对。亚太移民区域磋商机制目前发挥了一定积极作用，但有效解决亚太地区复杂的移民问题仍任重道远。亚太移民区域磋商机制若不想成为国家的“弃儿”，需要释放潜力，进行更多尝试。     

A Youth Counter-Narrative on Trafficking and Smuggling from Africa to Europe

This article features the personal experiences of a young African woman victim of trafficking and smuggling from Nigeria to Italy. The aim of the article is to provide a counter-narrative on the phenomenon of human trafficking, by engaging with the youth’s lived experiences. The story forms part of a wider database of youth counter-narratives, gathered by the authors in different parts of the world (Italy, South Africa, and Ethiopia). The narrative will be discussed on the basis of four identified elements, and the reflection addresses them within the wider context of trafficking, smuggling, and human migration. The conclusion drawn is that the language of youth counter-narratives can represent a useful tool to address the complexity of social issues, in particular when they refer to lived experiences of youngsters who have been subjected to different forms of oppression and violence. It also represents a sort of liberation from cultural homogenisation, forcing the readers to engage with a “new humanism.”     

岷江上游地区晚全新世以来环境变迁与民族迁移

人类社会发展的历史进程中必然伴随不同规模的人口迁移现象。对这一现象的产生一般从政治、经济、战争、饥荒等角度加以解释,而环境因素的作用一直被大多数研究者所忽视。本文以岷江上游多民族分布地区为例,分别论述岷江上游地区晚全新世以来环境变化和民族迁移的历史,并由此探讨环境变迁与民族迁移的耦合关系。研究表明,环境变迁对岷江上游地区民族迁入的影响主要包括两个方面:一方面是向干旱寒冷气候的变化迫使当地民族向气候适宜地区迁移,另一方面是由于气候的突变引起的洪涝灾害以及资源缺乏等使农业生产力降低,从而促使社会动乱并导致民族迁移。     

Forced Migration Studies: Could We Agree Just to 'Date'?

This essay questions the soundness of a scholarly shift awayfrom ‘refugee studies’ in favour of ‘forcedmigration studies’. It contends, first, that subsumingrefugee studies into the broader framework of forced migrationstudies may result in a failure to take account of the specificityof the refugee's circumstances which are defined not just bymovement to avoid the risk of harm, but by underlying socialdisfranchisement coupled with the unqualified ability of theinternational community to respond to their needs. Second, itargues that forced ‘migration’ (rather than, forexample, forced ‘migrant’) studies encourages afocus on a phenomenon rather than on the personal predicaments,needs, challenges, and rights of refugees themselves. It maythus contribute to a lack of criticality in relation to policieswhich subordinate refugee autonomy to the pursuit of more systemicconcerns. The first concern is illustrated by reference to theemergence of the ‘internally displaced persons’category, the second by reference to the determination to findand mandate ‘durable solutions’ to forced migration,including to the movement of refugees.     

The politics of return: exploring the future of Syrian refugees in Jordan,Lebanon and Turkey

Abstract

Although the Syrian conflict continues, local and global stakeholders have already begun to consider the return of the six million refugees, especially as neither the option of local integration in the countries of first asylum nor that of resettlement to third countries is seen as a realistic possibility. Elaborating on the return debates in Turkey, Lebanon and Jordan, we relate the politicisation of this question to the growing acceptance of the option of voluntary and involuntary repatriation in the international refugee regime as well as to policies and public opinion. We argue, based on empirical fieldwork, that any debate about the return of Syrian refugees is problematic, since the conditions of safety, voluntariness and sustainability are not fulfilled. Further, returns should not be left entirely to the individual hosting states and actors in the region but should be carried out in collaboration with representative authorities in Syria and the mediation of international organisations upon full resolution of conflict.