Download or read book Responses to Sea Migration and the Rule of Law written by Katia Bianchini and published by Bloomsbury Publishing. This book was released on 2024-08-22 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the current debates on sea migration there is a dearth of works drawing on the rule of law. This important book addresses this failing. Considering the question from that conceptual framework, it is able to broaden the sometimes fragmented and incomplete perspective of existing scholarship. The book takes as its central case study the experience of Italy, exploring the legal issues at play there and its institutional practices and policies. From here its focus broadens out to the wider EU experience, looking in particular at those problems common to southern EU states, such as failures and delays in assisting migrants in distress at sea and contested legal grounds and practices concerning interceptions at sea. It combines both legal and empirical data, charting both the black letter law and how it operates in practice. In a field as complex as this, this clarity is key; it allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today.

Download or read book Boat Refugees and Migrants at Sea A Comprehensive Approach written by Violeta Moreno-Lax and published by BRILL. This book was released on 2016-11-21 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.

Download or read book Humanity at Sea written by Itamar Mann and published by Cambridge University Press. This book was released on 2016-09-29 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.

Download or read book Responses to Sea Migration and the Rule of Law written by Katia Bianchini and published by Hart Publishing. This book was released on 2024-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The International Legal Order Current Needs and Possible Responses written by James Crawford and published by BRILL. This book was released on 2017-04-03 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays addresses some of the most significant issues of contemporary international law. It particularly focuses on questions relating to international humanitarian law, the law of the sea, human rights, the use of force, international environmental law, and the settlement of international disputes. Recent developments in some other issues of international law such as State immunity and State responsibility are also dealt with. The Work contains a number of articles in French and is offered as a tribute to the prominent Iranian Professor of International Law, Djamchid Momtaz, on the occasion of his 75th birthday.

Download or read book The Law of the Sea and Climate Change written by Elise Johansen and published by Cambridge University Press. This book was released on 2020-12-17 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.

Download or read book Maritime Security Law in Hybrid Warfare written by Alexander Lott and published by BRILL. This book was released on 2024-08-29 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘This is the essential book today for understanding maritime security law” -Prof. James Kraska (US Naval War College & Harvard Law School) The recrudescence of great power competition at sea raises several legal problems. Maritime Security Law in Hybrid Warfare brings together authors from various fields of international law to address such challenges in the legal intersection between naval war, military activities, maritime law enforcement, and hybrid warfare. This book explores the means for increasing legal resilience against the emerging trend of weaponization of commercial ships, underwater cables and pipelines, lawfare, and migration by hybrid adversaries.

Download or read book Human Rights and the Dark Side of Globalisation written by Thomas Gammeltoft-Hansen and published by Taylor & Francis. This book was released on 2016-12-08 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.

Download or read book Routledge Handbook of Maritime Security written by Ruxandra-Laura Boşilcă and published by Taylor & Francis. This book was released on 2022-07-25 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers a critical and substantial analysis of maritime security and documents the most pressing strategic, economic, socio-cultural and legal questions surrounding it. Written by leading international experts, this comprehensive volume presents a wide variety of theoretical positions on maritime security, detailing its achievements and outlining outstanding issues faced by those in the field. The book includes studies which cover the entire spectrum of activity along which maritime security is developing, including, piracy, cyber security, energy security, terrorism, narco-subs and illegal fishing. Demonstrating the transformative character and potential of the topic, the book is divided into two parts. The first part exhibits a range of perspectives and new approaches to maritime security, and the second explores emerging developments in the practice of security at sea, as well as regional studies written by local maritime security experts. Taken together, these contributions provide a compelling account of the evolving maritime security environment, casting fresh light on theoretical and empirical aspects. The book will be of much interest to practitioners and students of maritime security, naval studies, security studies, maritime history, and International Relations in general. Chapter 13 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial] (CC-BY-NC)] 4.0 license.

Download or read book Pretoria Student Law Review 2020 14 2 written by Simon Motshweni and published by Pretoria University Law Press. This book was released on 2020-01-01 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the publication Honoured to present to you, the reader, the 2020 edition of the Pretoria Student Law Review (PSLR), an annual publication which is the pride of the best law faculty in Africa (according to the Times Higher Education World University Rankings). The University of Pretoria’s Law Faculty ranks in the top 100 law faculties in the world, a feat unequalled in Africa. The PSLR is a student driven law review that creates an interactive forum for students, academics and legal professionals to discuss topical legal matters that challenge the status quo. At the beginning of this year, lay the fantasy of newness — presenting an opportunity to do great things. But as I reflect on the journey leading to this publication, I understand that the 2020 edition of the PSLR had an engine that ran on hope; faith; dedication; perseverance; commitment and hard work. Our predecessors had a vision to create a boldly outlined legacy for the PSLR, they spearheaded the setting up of a system that would last the lifespan of the PSLR. Today, some 13 years after the first edition of the PSLR, South Africa, the continent and the world at large are on the cusp of a new era — socially, economically and politically. When my journey as Editor-in-Chief commenced, I imagined the PSLR as a ship, whose captain was myself. Customarily, it is easy to be a captain of a ship in calm seas, but unlike most of my predecessors, I have had to be the captain of a ship through the heftiest of storms. The world was not truly prepared to face challenges presented by the Covid-19, let alone the PSLR. In the wake of the 4IR and this new age of technology, sailing this ship to success was still a heavy task to complete. It is therefore with great honour to have been able to successfully complete the task for which we, the 14th cohort of the Editorial Board, were called for. We have upheld the esteemed reputations that have been left by our predecessors. Fittingly, I wish to applaud my team for their inspiring commitment, outstanding contribution and service in maintaining the elevated standard of the PSLR. For indeed it is a publication, par excellence. Amidst the storms, we have spearheaded the establishment of a ‘free-floating’ PSLR Collection in the OR Tambo Law Library. This collection is dedicated to house all published PSLR editions, dating since the inception of the PSLR in 2007. We have established and strengthened relations with other Law Faculties in the country, and even beyond. We published the very first special edition of the PSLR, a focused edition that covers a critical issue brought before the South African Law Deans Association — the Decolonisation of Legal Education. We have established a system by which all authors who publish with us, ought to have an ORCID iD. We have adopted internal regulations that outline the principles that govern the Editorial Board. We have spearheaded the adoption and implementation of a policy that forces us to comply with DHET Standards in order to be a DHET Accredited Journal so as to encourage and foster a student culture of critical research & writing in legal academia. I am truly proud of the work that the authors have put into their articles and I would like to thank them for their submissions and tireless efforts to produce quality articles. More-so, I am proud of the Editorial Board for being able to work under immense pressure. This edition would have not been possible without the dedication and hard work of this dream team. I remain indebted to you all: Adelaide Chagopa, Kayla Thomas, Marcia van der Merwe, Nicholas Herd and Phenyo Sekati. It has been a great pleasure and a privilege to have worked with you on this annual edition. A note of thanks to Dr Gustav Muller in his capacity as the Guardian of the PSLR. To the reviewers, your adjudication lays the foundation for each edition, year-in-yearout. Your support and contribution to the PSLR remains invaluable. To Lizette Hermann, Elzet Hurter and Mornay Hassen, thank you for your continued and immeasurable support throughout this journey. To Primrose E.R Kurasha, thank you for believing in me and for guiding me. I am forever indebted to you my friend. To my family: Elizabeth Mtshweni; Jostina Mtshweni; Clayton Mtshweni; Lucas Berto Mateus; Stephine Mashilo and Lerato Mashilo, words cannot begin to express my gratitude for all the support you have given me throughout this journey. Thank you for keeping me sane through one of the toughest times of my ‘publishing’ career. Thank you for the endless amount of support and the unconditional love you give me always. You are the power & oil that kept this engine running, all by the sufficient grace of God. I hereby pass the baton and entrust the next Editor-in-Chief with the difficult task of running faster and running a better marathon than myself and my predecessors. To you future author, I implore you to start writing, for the water does not flow until the faucet is turned on. To you the reader, Jurgen Zwecker was right: enjoy the read — without fear to question what is in front of you, for that is the only way we, as scholars, grow. Simon Motshweni Editor-in-Chief 2020 Table of Contents Editors’ note by Simon Motshweni Statutory utility rights to realise access to services as a characteristic of adequate housing by Gustav Muller The experiences of women and barriers for career advancement in tertiary institutions in a South African context by Bernardete Mendes ‘I’ve changed’ says South African law: Has the judiciary opened up to black women lawyers? by Cebolenkosi Makhaye Sexual orientation and gender identities (SOGI) law and social change by Chanelle van der Linde Game of Thrones: The battle of the Mphephus by Gudani Tshikota Critical race theory and feminist legal theory: Perspectives on transformation of the judiciary by Hayley C. Warring International law rules relating to migration arising from rising sea-levels by Keketso G. Kgomosotho The constitutionality of warrantless search and seizure operations by Khalipha Shange The constitutionality of warrantless search and seizure operations by Lehlohonolo January A comparative analysis of the proposed mandatory nature of employment legislation and its interaction with the choice of law of an international contract by Marcia van der Merwe Property rights and the basic structure of the Constitution: The case of the Draft Constitution Eighteenth Amendment Bill by Martin van Staden Speak no law without justice: Evaluating the retrospective force of declarations of unconstitutionality with specific reference to Qwelane v SAHRC & Others (686/2018) [2019] ZASCA 167 194 by MP Fourie & Marno Swart A critique of the determination of a composite supply for VAT purposes in South Africa: Lessons from selected countries by Mzwandile Ngidi Workers of the world, un-united: A discussion through a gendered lens on why stronger protection of workers in the informal economy will better equip South Africa to cope with labour market changes of the Fourth Industrial Revolution by Shaniaé Maharaj Dismantling the status quo: Prohibiting unfair discrimination on the grounds of poverty under capitalism by Sohela Surajpal Neoliberalism and inequality in post-apartheid South Africa by Thabiso Mfete When life gives you law, make lemonade: Exploring the ‘legalised’ oppression of black women in the United States of America and South Africa and their musical response thereto by Thandeka N. Khoza The Fourth Industrial Revolution: A case for educational transformation by Thembekile M. Mtsweni The Gabriel Fernandez case: A comparative analysis of a ‘mandated reporter’ in light of the Children’s Act by Thiavna Subroyen Transformative adjudication and the place of administrative law in South African jurisprudence: ABSA Bank Limited v Public Protector by Tshepo Twala & Mpho Mogadime The pas de deux between education and recreation: Facilitating the realisation of Articles 11 and 12 of the African Charter on the Rights and Welfare of the Child in Schools by Thandeka N. Khoza & Cebolenkosi Zuma

Download or read book Mediterranean in Dis order written by Rosita Di Peri and published by University of Michigan Press. This book was released on 2023-03-07 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediterranean in Dis/order reveals the connection between space and politics by examining the role that space has played in insurgencies, conflicts, uprisings, and mobilities in the Mediterranean region. With this approach, the authors are able to challenge well-established beliefs about the power structure of the state across different disciplines (including political science, history, sociology, geography, and anthropology), and its impact on the conception, production, and imagination of space in the broader Mediterranean. Further, they contribute to particular areas of studies, such as migration, political Islam, mobilization, and transition to democracy, among others. The book, infusing critical theory, unveils original and revelatory case studies in Tunisia, Libya, Lebanon, Turkey, Syria, Morocco, and the EU Mediterranean policy, through a various set of actors and practices—from refugees and migrations policies, to Islamist or students’ movements, architectural sites, or movies. This multidisciplinary perspective on space and power provides a valuable resource for practitioners interested in how space, context, and time interact to produce institutions, political subjectivities, and asymmetries of power, particularly since the turning point of the Arab uprisings. The book also helps readers understand the conditions under which the uprisings develop, giving a clearer picture about various national, regional, and international dynamics.

Download or read book The International Law of Migrant Smuggling written by Anne T. Gallagher and published by Cambridge University Press. This book was released on 2014-07-21 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.

Download or read book Migration Governance in Asia written by Kazunari Sakai and published by Routledge. This book was released on 2022-01-26 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this book investigate migration governance in Asia through a multilevel analysis, addressing its local, national and regional dimensions as well as placing it in the wider context of global migration governance. Core case studies include migration to and within Japan, the migration of Burmese and Tibetan refugees to India, and the Rohingya crisis in Myanmar. Evaluating the rules, norms and processes put in place by state and non-state actors to cope with international migration, the contributors focus especially on migration flows and the extent to which Asian cases are distinct from those elsewhere. This includes comparative cases from Europe and the United States to provide a comparative context for the analysis of Asia. A valuable resource for students and scholars of migration studies, especially those with a particular interest in Asia.

Download or read book Privatising Border Control written by and published by Oxford University Press. This book was released on 2022-11-07 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.

Download or read book The International Legal Protection of Migrants at Sea written by Niba Fontoh and published by BRILL. This book was released on 2023-11-20 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faced with the migration crisis which has turned the sea into a graveyard for sea migrants, this book addresses the issue by examining the international legal framework which enjoins States and other actors at sea to come to the rescue of migrants in distress at sea. The book seeks to provide a legal argument which obliges the international community to protect even illegal migrants who willingly and intentionally endanger their lives at sea, while ensuring that these rights and obligations are not abused. Multifarious branches of International Law defend this position.

Download or read book Migrant Smuggling by Sea written by Patricia Mallia and published by BRILL. This book was released on 2009-10-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of rules of the international law governing the oceans were created at a time far removed from the challenges of the present day. The principle of the freedom of the high seas and its corollary of flag State exclusivity are archetypical examples of this. Today these rules may appear to be obstacles in the effort to combat a number of contemporary maritime threats such as migrant smuggling by sea. This study examines this multi-faceted threat to maritime security against the backdrop of the current international legal framework and State practice in order to establish whether this threat can be effectively addressed within the existing framework of the law of the sea.

Download or read book Humanitarianism Human Rights and Security written by Nina Perkowski and published by Routledge. This book was released on 2020-12-30 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the relationship between humanitarianism, human rights, and security in the governance of borders and migration, this book analyses the case of the European Border and Coast Guard Agency (Frontex), challenging the common assumption that humanitarianism and human rights provide a critical basis for countering securitisation. Arguing that these are not three opposing discourses and modes of governing, the author contributes to a deeper understanding of their connections and combined effects in border governance. Drawing on ethnographic fieldwork, interviews, and document analysis, the book offers three perspectives on Frontex’s changing relationship to humanitarianism and human rights. In doing so, it provides a multifaceted account of Frontex and its gradual appropriation of what are often considered pro-migrant discourses. Combining organisational sociology with a Foucauldian analysis, the book speaks to ongoing debates on continuity and change in the security field and provides insights into studying security organisations more generally. Drawing on insights from Critical Migration and Border Studies, Critical Security Studies, Critical Humanitarianism and Human Rights Studies, and Organisational Sociology, the book will generate interest to multiple disciplines, including Sociology, International Relations, Politics, Anthropology, European Studies, and Geography.