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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law

The Immigration Crisis - Nativism, Armed Vigilantism, and the Rise of a Countervailing Movement (Paperback): Armando Navarro The Immigration Crisis - Nativism, Armed Vigilantism, and the Rise of a Countervailing Movement (Paperback)
Armando Navarro
R1,897 Discovery Miles 18 970 Ships in 12 - 17 working days

Immigration remains one of the most pressing and polarizing issues in the United States. In The Immigration Crisis, the political scientist and social activist Armando Navarro takes a hard look at 400 years of immigration into the territories that now form the United States, paying particular attention to the ways in which immigrants have been received. The book provides a political, historical, and theoretical examination of the laws, personalities, organizations, events, and demographics that have shaped four centuries of immigration and led to the widespread social crisis that today divides citizens, non-citizens, regions, and political parties. As a prominent activist, Navarro has participated broadly in the Mexican-American community's responses to the problems of immigration and integration, and his book also provides a powerful glimpse into the actual working of Hispanic social movements. In a sobering conclusion, Navarro argues that the immigration crisis is inextricably linked to the globalization of capital and the American economy's dependence on cheap labor.

#HumanRights - The Technologies and Politics of Justice Claims in Practice (Paperback): Ronald Niezen #HumanRights - The Technologies and Politics of Justice Claims in Practice (Paperback)
Ronald Niezen
R734 R682 Discovery Miles 6 820 Save R52 (7%) Ships in 12 - 17 working days

Social justice and human rights movements are entering a new phase. Social media, artificial intelligence, and digital forensics are reshaping advocacy and compliance. Technicians, lawmakers, and advocates, sometimes in collaboration with the private sector, have increasingly gravitated toward the possibilities and dangers inherent in the nonhuman. #HumanRights examines how new technologies interact with older models of rights claiming and communication, influencing and reshaping the modern-day pursuit of justice. Ronald Niezen argues that the impacts of information technologies on human rights are not found through an exclusive focus on sophisticated, expert-driven forms of data management but in considering how these technologies are interacting with other, "traditional" forms of media to produce new avenues of expression, public sympathy, redress of grievances, and sources of the self. Niezen considers various ways that the pursuit of justice is happening via new technologies, including crowdsourcing, social media-facilitated mobilizations (and enclosures), WhatsApp activist networks, and the selective attention of Google's search engine algorithm. He uncovers how emerging technologies of data management and social media influence the ways that human rights claimants and their allies pursue justice, and the "new victimology" that prioritizes and represents strategic lives and types of violence over others. #HumanRights paints a striking and important panoramic picture of the contest between authoritarianism and the new tools by which people attempt to leverage human rights and bring the powerful to account.

Routledge Handbook on Immigration and Crime (Paperback): Holly Ventura Miller, Anthony Peguero Routledge Handbook on Immigration and Crime (Paperback)
Holly Ventura Miller, Anthony Peguero
R1,558 Discovery Miles 15 580 Ships in 9 - 15 working days

The perception of the immigrant as criminal or deviant has a long history in the United States, with many groups (e.g., Irish, Italians, Latinos) having been associated with perceived increases in crime and other social problems, although data suggest this is not necessarily the case. This Handbook examines the relationship between immigration and crime by presenting chapters reflecting key issues from both historical and current perspectives. The volume includes a range of topics related to immigration and crime, such as the links between immigration rates and crime rates, nativity and crime, and the social construction of the criminal immigrant, as well as historical and current immigration policy vis-a-vis perceptions of the criminal immigrant. Other topics covered in this volume include theoretical perspectives on immigration and assimilation, sanctuary cities, and immigration in the context of the "war on terror." The Routledge Handbook on Immigration and Crime fills the gap in the literature by offering a volume that includes original empirical work as well as review essays that deliver a complete overview of immigration and crime relying on both historical and contemporary perspectives. It is a key collection for students in immigration courses; scholars and researchers in diverse disciplines including criminal justice, criminology, sociology, demography, law, psychology, and urban studies; and policy makers dealing with immigration and border security concerns.

Religion, Law, Politics and the State in Africa - Applying Legal Pluralism in Ghana (Hardcover): Seth Tweneboah Religion, Law, Politics and the State in Africa - Applying Legal Pluralism in Ghana (Hardcover)
Seth Tweneboah
R4,557 Discovery Miles 45 570 Ships in 12 - 17 working days

Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana's secularity and also serve as an integral tool for realising the State's legal ideals and meeting international human rights standards. Using three case studies - legal tensions, child witchcraft accusations and same-sex partnerships - the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana's secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.

Regulating Religion - State Governance of Religious Institutions in South Africa (Hardcover): Helena Van Coller Regulating Religion - State Governance of Religious Institutions in South Africa (Hardcover)
Helena Van Coller
R4,569 Discovery Miles 45 690 Ships in 12 - 17 working days

This book focuses on government regulation of religious institutions in South Africa. PART 1 explains the meaning of government regulation for religious communities by providing a brief overview of the relationship between church and state, the right to freedom of religion and the legal status of religious organisations. With reference to case examples, this section highlights the importance of religious autonomy and the right to self-determination of religious institutions and non-interference by the state in the internal affairs of the organisation. No fundamental rights are however absolute and the section concludes with a discussion on the limitation of rights and an overview of the relevant constitutional provisions and anti-discrimination laws in place relevant to religious organisations, in the context of equality and non-discrimination. PART 2 discusses in more detail the daily rights, responsibilities and freedoms associated with the right to freedom of religion within some specific spheres of society where regulation of religion has occurred or are necessary or has proved to be problematic. It includes those related to the role of religion in society; the relations between religion and state institutions; education; finance; family matters; employment law; planning law; broadcast media and general governance issues.

Emerging Challenges in Privacy Law - Comparative Perspectives (Hardcover): Normann Witzleb, David Lindsay, Moira Paterson,... Emerging Challenges in Privacy Law - Comparative Perspectives (Hardcover)
Normann Witzleb, David Lindsay, Moira Paterson, Sharon Rodrick
R3,119 Discovery Miles 31 190 Ships in 12 - 17 working days

This collection of essays explores current developments in privacy law, including reform of data protection laws, privacy and the media, social control and surveillance, privacy and the Internet, and privacy and the courts. It places these developments into a broader international context, with a particular focus on the European Union, the United Kingdom, Australia and New Zealand. Adopting a comparative approach, it creates an important resource for understanding international trends in the reform of privacy and data protection laws across a variety of contexts. Written by internationally recognised experts, Emerging Challenges in Privacy Law: Comparative Perspectives provides an accessible introduction to contemporary legal and policy debates in privacy and data protection law. It is essential reading for academics, policy makers and practitioners interested in current challenges facing privacy and data protection law in Europe and in the common law world.

Human Rights in Africa - Contemporary Debates and Struggles (Hardcover, 1st ed. 2019): Eunice N Sahle Human Rights in Africa - Contemporary Debates and Struggles (Hardcover, 1st ed. 2019)
Eunice N Sahle
R3,824 Discovery Miles 38 240 Ships in 10 - 15 working days

This edited collection explores key human rights themes and situates them in the context of developments on the African continent. It examines critical debates in human rights bringing together conceptually and empirically rich contributions from leading thinkers in human rights and African studies. Drawing on scholarly insights from the fields of constitutional law, human rights, development, feminist studies, public health, and media studies, the volume contributes to scholarly debates on constitutionalism, the right to water, securitization of development, environmental and transitional justice, sexual rights, conflict and gender-based violence, the right to development, and China's deepening role in Africa. Consequently, it makes an important scholarly intervention on timely issues pertaining to the African continent and beyond.

The Immigration Crisis - Nativism, Armed Vigilantism, and the Rise of a Countervailing Movement (Hardcover): Armando Navarro The Immigration Crisis - Nativism, Armed Vigilantism, and the Rise of a Countervailing Movement (Hardcover)
Armando Navarro
R3,796 Discovery Miles 37 960 Ships in 12 - 17 working days

Immigration remains one of the most pressing and polarizing issues in the United States. In The Immigration Crisis, the political scientist and social activist Armando Navarro takes a hard look at 400 years of immigration into the territories that now form the United States, paying particular attention to the ways in which immigrants have been received. The book provides a political, historical, and theoretical examination of the laws, personalities, organizations, events, and demographics that have shaped four centuries of immigration and led to the widespread social crisis that today divides citizens, non-citizens, regions, and political parties. As a prominent activist, Navarro has participated broadly in the Mexican-American community's responses to the problems of immigration and integration, and his book also provides a powerful glimpse into the actual working of Hispanic social movements. In a sobering conclusion, Navarro argues that the immigration crisis is inextricably linked to the globalization of capital and the American economy's dependence on cheap labor.

Irregular Citizenship, Immigration, and Deportation (Paperback): Peter Nyers Irregular Citizenship, Immigration, and Deportation (Paperback)
Peter Nyers
R1,274 Discovery Miles 12 740 Ships in 9 - 15 working days

Deportation has again taken a prominent place within the immigration policies of nation-states. Irregular Citizenship, Immigration, and Deportation addresses the social responses to deportation, in particular the growing movements against deportation and detention, and for freedom of movement and the regularization of status. The book brings deportation and anti-deportation together with the aim of understanding the political subjects that emerge in this contested field of governance and control, freedom and struggle. However, rather than focusing on the typical subjects of removal - refugees, the undocumented, and irregular migrants - Irregular Citizenship, Immigration, and Deportation looks at the ways that citizens get caught up in the deportation apparatus and must struggle to remain in or return to their country of citizenship. The transformation of 'regular' citizens into deportable 'irregular' citizens involves the removal of the rights, duties, and obligations of citizenship. This includes unmaking citizenship through official revocation or denationalization, as well as through informal, extra-legal, and unofficial means. The book features stories about struggles over removal and return, deportation and repatriation, rescue and abandonment. The book features eleven 'acts of citizenship' that occur in the context of deportation and anti-deportation, arguing that these struggles for rights, recognition, and return are fundamentally struggles over political subjectivity - of citizenship. This book will be of interest to students and scholars of citizenship, migration and security studies.

Property, Labour and Legal Regulation - Dignity or Dependence? (Hardcover): Mark Findlay Property, Labour and Legal Regulation - Dignity or Dependence? (Hardcover)
Mark Findlay
R3,214 Discovery Miles 32 140 Ships in 12 - 17 working days

Using property and labour as his major themes, Mark Findlay analyses the way in which law has come to serve the cult of the market at the expense of abandoning its broader role of serving communities. With wonderful scholarship he charts a path to how law's social purpose might be regained. Law re-emerges as the primary means for the regulatory state to re-connect with social values and communities. The book is a tour de force.' - Peter Drahos, Australian National UniversityIn this revealing comparative study, Mark Findlay examines the problematic nexus between undervalued labour and vulnerable migration status in dis-embedded markets. It highlights the frustrations raised by timeless regulatory failure and the chronic complicity of private property arrangements in delivering unsustainable market engagement. Mark Findlay identifies the challenge for normative and functional foundations of equitable governance, by repositioning regulatory principle, to restore dignity to market relations. The accountability of property through wider access and inclusion, it is argued, grounds commodified occupation as a vitally valuable social bond in which workers are empowered to participate rather than suffer exploitation. The comparative analysis of the EU and ASEAN regulatory contexts reveals that it is not simply more regulatory activity, but rather its reversion from market interests to human values, which will advance sustainability. Property, Labour and Legal Regulation offers an insightful, critical analysis of crucial contemporary issues facing social administrators, lawyers and policy makers working in the fields of migration, labour law and regulation. Its broad disciplinary coverage lends itself to students of law and regulation who will benefit from this unique evaluation of private property, labour relations and migration exclusivity.

Chinese Refugee Law and Policy (Hardcover): Lili Song Chinese Refugee Law and Policy (Hardcover)
Lili Song
R3,046 Discovery Miles 30 460 Ships in 12 - 17 working days

This book is the first to systematically examine Chinese refugee law and policy. It provides in-depth legal and policy analysis and makes recommendations to relevant stakeholders, drawing upon not only existing legal and policy scholarships but also empirical information acquired through field visits and interviews with refugees, former refugees, and staff of governmental and non-governmental organisations working with displaced population. It is a timely response to rapidly growing international interest in and demand for information about Chinese and Asian approaches to refugee protection in academia and the policy sector.

Court of Injustice - Law Without Recognition in U.S. Immigration (Hardcover): J.C. Salyer Court of Injustice - Law Without Recognition in U.S. Immigration (Hardcover)
J.C. Salyer
R2,560 Discovery Miles 25 600 Ships in 12 - 17 working days

Court of Injustice reveals how immigration lawyers work to achieve just results for their clients in a system that has long denigrated the rights of those they serve. J.C. Salyer specifically investigates immigration enforcement in New York City, following individual migrants, their lawyers, and the NGOs that serve them into the immigration courtrooms that decide their cases. This book is an account of the effects of the implementation of U.S. immigration law and policy. Salyer engages directly with the specific laws and procedures that mandate harsh and inhumane outcomes for migrants and their families. Combining anthropological and legal analysis, Salyer demonstrates the economic, historical, political, and social elements that go into constructing inequity under law for millions of non-citizens who live and work in the United States. Drawing on both ethnographic research conducted in New York City and on the author's knowledge and experience as a practicing immigration lawyer at a non-profit organization, this book provides unique insight into the workings and effects of U.S. immigration law. Court of Injustice provides an up-close view of the experiences of immigration lawyers at non-profit organizations, in law school clinics, and in private practice to reveal limitations and possibilities available to non-citizens under U.S. immigration law. In this way, this book provides a new perspective on the study of migration by focusing specifically on the laws, courts, and people involved in U.S. immigration law.

Children's Rights and Refugee Law - Conceptualising Children within the Refugee Convention (Paperback): Samantha Arnold Children's Rights and Refugee Law - Conceptualising Children within the Refugee Convention (Paperback)
Samantha Arnold
R1,525 Discovery Miles 15 250 Ships in 12 - 17 working days

Children make up half of the world's refugees and over 40 per cent of the world's asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children's rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children's rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children's rights approach, the conceptualisations of children outside the legal discipline, within international children's rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children's rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children's rights and international human rights law.

Expanding Perspectives on Human Rights in Africa (Hardcover): M. Raymond Izarali, Oliver Masakure, Bonny Ibhawoh Expanding Perspectives on Human Rights in Africa (Hardcover)
M. Raymond Izarali, Oliver Masakure, Bonny Ibhawoh
R4,575 Discovery Miles 45 750 Ships in 12 - 17 working days

This book draws attention to emerging issues around the rights of minorities, marginalized groups, and persons in Africa. It explores the gaps between human rights provisions and conditions, showing that although international human rights principles have been embraced in the continent, various minority groups and marginalized persons are denied such rights through criminalization and persecution. African countries have a good record of signing and ratifying international and regional rights instruments but the political will and capacity for enforcing these with respect to minorities remain weak. International contributors to the book provide new perspectives on the rights of marginalized and minority groups in different parts of Africa and the extent to which they are deprived or denied entitlement to the universality and equality articulated in law. The authors show that human rights, while having come of age as a moral ideal, has not been fully entrenched in practice towards groups such as children, indigenous populations, the mentally ill, persons with disabilities, and persons with albinism. This volume is geared toward scholars, students, human rights groups, policy makers, social workers, international organizations, and policy makers in the fields of criminology, security studies, development studies, political science, sociology, children studies, social psychology, international relations, postcolonial studies, and African Studies.

Conflict Displacement and Legal Protection - Understanding Asylum, Human Rights and Refugee Law (Hardcover): Charlotte Lulf Conflict Displacement and Legal Protection - Understanding Asylum, Human Rights and Refugee Law (Hardcover)
Charlotte Lulf
R4,562 Discovery Miles 45 620 Ships in 12 - 17 working days

While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.

Labor Standards in International Supply Chains - Aligning Rights and Incentives (Hardcover): Daniel Berliner, Anne Regan... Labor Standards in International Supply Chains - Aligning Rights and Incentives (Hardcover)
Daniel Berliner, Anne Regan Greenleaf, Milli Lake, Margaret Levi, Jennifer Noveck
R3,087 Discovery Miles 30 870 Ships in 12 - 17 working days

The authors examine developments in labor standards in global supply chains over the past thirty years, analyzing factors that create challenges and opportunities for improving working conditions. They illustrate the complex dynamics within and among key groups, including brands, suppliers, governments, workers and consumers. Using extended examples from China, Honduras, Bangladesh and the United States, as well as new quantitative evidence, the authors analyze stakeholders and mechanisms that create or obstruct opportunities for improving labor rights. They evaluate key clusters of actors and their interests in order to comprehensively map the complex interactions and relationships that make up global supply chains. Original data and analyses, including four in-depth case studies, present a systematic evaluation of the points of leverage for changing labor standards in sectors including apparel, footwear, and electronics. This exciting new contribution to a burgeoning field of study will benefit scholars of labor rights and human rights, as well as students with an interest in labor and working conditions. It also presents critical information for political scientists, NGOs, and practitioners looking to effect change in working conditions and learn more about key players in the global economy.

Unleashing the Force of Law - Legal Mobilization, National Security, and Basic Freedoms (Paperback, 1st ed. 2016): Devyani... Unleashing the Force of Law - Legal Mobilization, National Security, and Basic Freedoms (Paperback, 1st ed. 2016)
Devyani Prabhat
R899 Discovery Miles 8 990 Ships in 10 - 15 working days

Basic freedoms cannot be abandoned in times of conflict, or can they? Are basic freedoms routinely forsaken during times when there are national security concerns? These questions present different conundrums for the legal profession, which generally values basic freedoms but is also part of the architecture of emergency legal frameworks. Unleashing the Force of Law uses multi-jurisdiction empirical data and draws on cause lawyering, political lawyering and Bourdieusian juridical field literature to analyze the invocation of legal norms aimed at the protection of basic freedoms in times of national security tensions. It asks three main questions about the protection of basic freedoms. First, when do lawyers mobilize for the protection of basic freedoms? Second, in what kind of mobilization do they engage? Third, how do the strategies they adopt relate to the outcomes they achieve? Covering the last five decades, the book focusses on the 1980s and the Noughties through an analysis of legal work for two groups of independence seekers in the 1980s, namely, Republican (mostly Catholic) separatists in Northern Ireland and Puerto Rican separatists in the US, and on post-9/11 issues concerning basic freedoms in both countries

Parliament and the Law (Hardcover, 3rd edition): Alexander Horne, Louise Thompson, Ben Yong Parliament and the Law (Hardcover, 3rd edition)
Alexander Horne, Louise Thompson, Ben Yong
R3,350 Discovery Miles 33 500 Ships in 9 - 15 working days

The third edition of Parliament and the Law presents a timely and valuable resource covering recent developments. Brexit, the #MeToo movement, and the COVID-19 pandemic all presented Parliament with a series of challenges. This edition includes new chapters on Brexit, legislation and scrutiny, the restoration and renewal of the Palace of Westminster treaty scrutiny, votes of confidence and the Fixed Term Parliament Act, and the financing of Parliament. This is a multi-disciplinary work authored by lawyers, political scientists, parliamentary officials, and practitioners and is supported by the Study of Parliament Group (SPG).

Studies in Law, Politics, and Society - Special Issue: Revisiting Rights (Hardcover, New): Austin Sarat Studies in Law, Politics, and Society - Special Issue: Revisiting Rights (Hardcover, New)
Austin Sarat
R3,164 Discovery Miles 31 640 Ships in 12 - 17 working days

Rights and rights talk have a long and storied history and have occupied a crucial place in the ideology of liberal legalism. With the development of Critical Legal Studies in the 1970s and 80s, rights were subject to extensive critique. Yet not long after that critique rights were rehabilitated by feminists and Critical Race Theorists. Today, scholars are investigating the role of rights in social movements, in legal consciousness, in organizations, in the international arena, etc. This volume of "Studies in Law, Politics, and Society" contains a Special Issue on rights. It brings together the work of leading scholars to think about the nature, utility and limits of rights. This work takes stock of the field, charts its progress and points the way for its future development.

Krisenmanagement in Sportbetrieben (German, Paperback): Ronald Wadsack Krisenmanagement in Sportbetrieben (German, Paperback)
Ronald Wadsack; Ronald Wadsack, Rainer Tarek Cherkeh, Carolin Von Budingen, Rudiger Hamel
R1,337 Discovery Miles 13 370 Ships in 12 - 17 working days

Das Management von wirtschaftlichen Krisen in Sportbetrieben ist in Deutschland ein weitgehend neues Thema. Die Ursachen von Krisen in Sportvereinen und Profisportbetrieben werden anhand von Einzelbeispielen analysiert. Ergebnis sind eine Ursachenbeschreibung fur Krisen in Sportbetrieben und Empfehlungen zur Verbesserung des Managements. Dazu zahlt auch die Betrachtung von Krisenentwicklungen in Sportbetrieben als lernende Organisation. In einem juristischen Beitrag wird der rechtliche Rahmen fur das Managementhandeln im Zuge der krisenhaften Entwicklung von Sportbetrieben beschrieben. Bei dieser Betrachtung stehen Vereine und ihre Besonderheiten im Mittelpunkt. Abschliessend erfolgt die Vorstellung eines fur Sportevents entwickelten Risk-Management-Konzeptes. Die Bestandsaufnahme von Risiken und ihre permanente Beobachtung stehen im Zentrum dieses praxisorientierten Instrumentes.

Intersectional Discrimination (Hardcover): Shreya Atrey Intersectional Discrimination (Hardcover)
Shreya Atrey
R4,159 Discovery Miles 41 590 Ships in 12 - 17 working days

This book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberle Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.

Vulnerability, Childhood and the Law (Paperback, 1st ed. 2018): Jonathan Herring Vulnerability, Childhood and the Law (Paperback, 1st ed. 2018)
Jonathan Herring
R1,597 Discovery Miles 15 970 Ships in 10 - 15 working days

This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for. It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s "child liberationists" mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults. This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.

The National versus the Foreigner in South America - 200 Years of Migration and Citizenship Law (Hardcover): Diego Acosta The National versus the Foreigner in South America - 200 Years of Migration and Citizenship Law (Hardcover)
Diego Acosta
R3,065 Discovery Miles 30 650 Ships in 12 - 17 working days

Since the turn of the century, South American governments and regional organisations have adopted the world's most open discourse on migration and citizenship. At a time when restrictive choices were becoming increasingly predominant around the world, South American policymakers presented their discourse as being both an innovative and exceptional 'new paradigm' and part of a morally superior, avant-garde path in policymaking. This book provides a critical examination of the South American legal framework through a historical and comparative analysis. Diego Acosta uses this analysis to assess whether the laws are truly innovative and exceptional, as well as evaluating their feasibility, strengths and weaknesses. By analysing the legal construction of the national and the foreigner in ten South American countries during the last two centuries, he demonstrates how different citizenship and migration laws have functioned, as well as showing why states have opted for certain regulation choices, and the consequence of these choices for state- and nation-building in the continent. An invaluable insight for anyone interested in global migration and citizenship discussions.

Foreigners on America's Death Rows (Hardcover): John Quigley Foreigners on America's Death Rows (Hardcover)
John Quigley
R3,054 Discovery Miles 30 540 Ships in 12 - 17 working days

Capital cases involving foreigners as defendants are a serious source of contention between the United States and foreign governments. By treaty, foreigner defendants must be informed upon arrest that they may contact a consul of their home country for assistance, yet police and judges in the United States are lax in complying. Foreigners on America's Death Row investigates the arbitrary way United States police departments, courts, and the Department of State implement well-established rights of foreigners arrested in the US. Foreign governments have taken the United States into international courts, which have ruled that the US must enforce the treaty. The United States has ignored these rulings. As a result, foreigners continue to be executed after a legal process that their home governments justifiably find to be flawed. When one country ignores the treaty rights of another as well as the decisions of international courts, the established order of international relations is threatened.

Making Migration Law - The Foreigner, Sovereignty, and the Case of Australia (Hardcover): Eve Lester Making Migration Law - The Foreigner, Sovereignty, and the Case of Australia (Hardcover)
Eve Lester
R2,839 R2,478 Discovery Miles 24 780 Save R361 (13%) Ships in 12 - 17 working days

The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.

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