Subjects -> LAW (Total: 1584 journals)
    - CIVIL LAW (38 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (93 journals)
    - CRIMINAL LAW (28 journals)
    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (191 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (970 journals)
    - LAW: GENERAL (10 journals)

INTERNATIONAL LAW (191 journals)                     

Showing 1 - 191 of 191 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 20)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 9)
Afrilex     Open Access   (Followers: 7)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 25)
American Journal of International Law     Hybrid Journal   (Followers: 69)
American University International Law Review     Open Access   (Followers: 12)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 7)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 2)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 2)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 17)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 6)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 24)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 37)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 8)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Climate law     Hybrid Journal   (Followers: 6)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 18)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 20)
Cornell International Law Journal     Open Access   (Followers: 6)
Corporate Governance An International Review     Hybrid Journal   (Followers: 17)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access   (Followers: 1)
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 14)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 245)
European Journal of Migration and Law     Hybrid Journal   (Followers: 37)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 43)
European Property Law Journal     Hybrid Journal   (Followers: 8)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 14)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 50)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 11)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 271)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 9)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 29)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 64)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 20)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 18)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 12)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 26)
International Planning Studies     Hybrid Journal   (Followers: 7)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 84)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 15)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 16)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 9)
Journal of International Political Theory     Hybrid Journal   (Followers: 19)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 7)
Journal of the History of International Law     Hybrid Journal   (Followers: 16)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 17)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 22)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 42)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 27)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 10)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 21)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 16)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
Nordic Journal of International Law     Hybrid Journal   (Followers: 17)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 10)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 3)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
SASI     Open Access   (Followers: 4)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 5)
Uniform Law Review     Hybrid Journal   (Followers: 4)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 4)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 4)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 9)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 18)
Zeitschrift für Zivilprozess International     Hybrid Journal  


Similar Journals
Journal Cover
Journal of Migration and Refugee Issues, The
Number of Followers: 34  
  Full-text available via subscription Subscription journal
ISSN (Print) 1832-0643
Published by RMIT Publishing Homepage  [387 journals]
  • Volume 5 Issue 3 - The Social Impacts of Climate Change in South Asia
    • Abstract: Byravan, Sujatha; Rajan, Sudhir Chella
      Climate change is undoubtedly the most serious environmental crisis Earth has ever witnessed. As the planet enters what many are terming the 'Anthropocene' period in its geological history (Crutzen and Stoermer 2000) the impacts of climate change - along with the side-by-side destruction of ecosystems associated with the relentless industrialisation of the land and oceans - ill transform forever its physical and biological properties. At smaller scales of time and space societies too are expected to undergo radical and irreversible changes. Indeed, in the context of South Asia, climate change is not only the biggest environmental threat faced by the region but also the likely cause of extraordinary social and economic problems in the course of this century. In this paper, we focus on an especially important set of social impacts resulting from climate change in South Asia, namely the displacement of vast numbers of people as a consequence mainly of sea level rise along the coasts and secondarily from drought in rural areas. We examine these impacts through the use of scenarios involving alternative assumptions about whether or not effective policies will be developed in time, given what we know now about the physical changes that are likely to take place.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 5 Issue 3 - Bilateral Labour Agreements and the GATS: Sharing
           Responsibility for Managing of Migration and MFN Trade Reciprocity
    • Abstract: Panizzon, Marion
      If bilateral migration agreements are measured by their success in combating clandestine entries, enforcing temporariness of stay and alleviating the root causes of migration, rather than by their levels of labour market liberalization, then the principle of shared responsibility, functioning as the regulatory counterpart to the one of liberalization has proven a key feature. This article discusses how the comprehensive bilateral migration agreements of the first decade of the 21st century reveal a paradigm shift in the legal framing of migration, away from liberalizing access for foreign workers to labour markets, towards managing migratory flows, irrespective of the lawfulness or otherwise unauthorized nature of such movements. Unlike in the guestworker agreements of the 20th century, migrant labour recruitment, is no longer a primary purpose. Instead, free trade agreements liberalize temporary movement of high-skilled workers, but only as a complement to trade liberalization in goods and services. In parallel, bilateral (labour) migration agreements open labour markets only to secure cooperation of the migrant source country in combating clandestine movement. This paper maintains that the principle of shared responsibility, which mitigates the risk of migration and increases the returns in the form of development dividends, more than GATS mode 4 liberalization, is the precursor of an international migration management. This paper asks whether the principle can be transferred into the commitments structure of the GATS and how it interplays with the unconditional MFN principle of multilateral trade liberalization. It finds that trade reciprocity of GATS liberalization, more than the much discussed ambiguity in the scope of GATS with respect to the definition of temporary movement of natural persons, is the main reason for the low levels of GATS mode 4 commitments. It discusses how the principle of shared responsibility could substitute for this lack of trade reciprocity with respect to the cross-border movement of workers. It finds on the one hand that GATS is not flexible enough to impose the positive obligations on the migrant source country, but that bilateral agreements are sufficiently flexible to do so. On the other hand, the legal framework of GATS is too flexible, as industrialized countries can use limitations to national treatment and the policy space in domestic regulation, to hinder developing countries from benefiting de facto from the opening offered de jure in mode 4 commitments. In a system of WTO multilateral trade liberalization, dedicated to opening up markets, it is a challenge to integrate the positive duties flowing out from the principle of shared responsibility. Beyond imposing the negative obligation upon the labour-receiving country, shared responsibility not only creates a positive obligation for the migrant source country to reintegrate return migrants or to jointly patrol borders, but also enlists non-governmental entities in mitigating the risks of migration. Recalling the traditional trade linkages debates (environment, culture, human rights), the challenge for the scheduling structure of GATS and the system of MFN reciprocity with respect to managing labour migration is a similar one.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 5 Issue 2 - Ineffective Assistance of Counsel in Removal
           Proceedings: 'Matter of Compean and the Fundamental Fairness Doctrine'
    • Abstract: Espinoza, Jean Pierre
      Most immigrants who face removal proceedings lack legal representation. Immigration law is a complex law field and there is a need for counsel in removal proceedings to ensure a just outcome. The article highlights the move to vacate Matter of Compean and restoration of Matter of Lozada guaranteeing immigrants' rights to effective counsel in removal proceedings.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 5 Issue 2 - Crime and Social Harm Towards a Criminology for the
           Global Era [Book Review]
    • Abstract: Renaud, Gilles
      This review is provided on latest contribution in the Onati International Series in Law and Society which publishes volumes of original research and theory on relations between law, legal institutions and social processes. As in the case of the other titles with which I am familiar, the contributions can only be characterized as eclectic whether viewed from the perspective of method or theory and demonstrate a signal emphasis on comparative scholarship which ought not to be surprising in the case of a volume dedicated to the harms and crimes to which women are subjected to as a result of global social processes and the efforts of the majority of the people on this planet to take control of their destinies. In essence, this text seeks to explore the criminogenic results of policies pursued by global financial institutions and the effects of emerging polarisations in the economic sphere and thus, must confront the shortcomings of contemporary theory in the field of criminology by expanding and elaborating a conception of social harm that embraces these precise issues. As for the subject matter of precise interest to the readers of this journal, this text presents a number of contributions touching directly upon the crisis of refugees arising from the shifting economic world order and the response of the Western world and of Australia in particular which may be summarized as the criminalisation of refugees. In addition, the editors and authors seek to explore fully the question of human rights of indigenous women, women in minority situations and female refugees. Review(s) of: Crime and Social Harm Towards a Criminology for the Global Era Edited by Maureen Cain and Adrian Howe Hart Publishing: Oxford, 2008.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 5 Issue 1 - The Impact of Defence Arguments Based on the Cultural
           Difference of the Accused in the Criminal Law of Immigrant Countries and
    • Abstract: Hallevy, Gabriel
      The modern age has created immigrant societies in migrant-receiving countries, whereby the immigrants have some different cultural practices from the culture of the majority in the particular country. The cultural difference sometimes leads the immigrant to act in a manner which is deemed to be a criminal offence in the country which accepted him, while the same conduct is not considered as such in the immigrant's country of origin. The outlook on life of the culturally different immigrant is very different form that on which the criminal law in the country which accepted the immigrant is based. The principal defence argument which accused immigrants offer in such cases is a defence argument based on his cultural difference. This article will examine the nature of defence arguments based on cultural difference in a criminal case, the way in which courts in immigrant countries deal with this type of argument, and the considerations relating to acceptance or rejection of defence arguments based on cultural difference. A judicial solution will be presented which may provide a solution for the complex considerations involved in this type of problem.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 5 Issue 1 - Overview and Analysis of the Development, Relief, and
           Education for Alien Minors Act (Dream Act) 'What Was Not But Could Be'
    • Abstract: Espinoza, Jean Pierre
      By 2006, there were more than eleven million undocumented immigrants living in different cities within the United States. This figure includes an estimated 1.7 million children under the age of eighteen. Each year, nearly 80,000 of these undocumented children turn eighteen, and about 65,000 of them are expected to graduate from high school. This note intends to make an overview and analysis of the Development, Relief, and Education for Alien Minors (Dream Act), which was rejected and could be reintroduced in the Senate in the near future. Part II will provide background of the bill as well as case law, and the arguments for the rejection of the bill. Part III will address the importance and the possible impact of the bill. Finally, part VI will summarise the benefits that a bill with the similarities of the Dream Act could bring to young undocumented immigrants and the United States as a whole.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 4 Issue 3 - 'Shall We Return, Stay or Circulate'': Political
           Changes in Kurdistan and Transnational Dynamics in Kurdish Refugee
           Families in Sweden
    • Abstract: Emanuelsson, Ann-Catrin
      The purpose of this study on Kurdish refugees in Sweden is to highlight transnational dynamics of refugees within the exceptional pivot occurring when long-anticipated dreams of political change in the homeland finally come about. The dream of returning may turn up-side-down and the transnational life situation may appear as a more viable alternative. This study focuses on thoughts, considerations and negotiations in Kurdish nuclear families in Sweden after the fall of the Iraqi regime in 2003. The aspects evolving around the questions if, how and when families return, stay or circulate are analysed within the context of given relationships to other family members and relatives in Sweden and Kurdistan together with other factors in the decision-making process. Furthermore, the varied but central role of transnational relationships in the 1990s between family members and relatives in Sweden and Kurdistan will be discussed. The 'refugee zone' established in 1991 has created a heterogenic Kurdish population in Europe. Paradoxically, this has brought about a more 'migrant-like' situation for Iraqi Kurds both inside and outside the zone. This study is based on sixty in-depth interviews which took place in autumn/winter 2005/2006 with Kurds (mainly from Kurdistan in Iraq with Swedish citizenship.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 4 Issue 3 - Forgotten Social Groups: Whether Former Members of a
           Particular Social Group Who Are Persecuted for Their Former Membership May
           Obtain Refugee Status as a Member of a Particular Social Group
    • Abstract: Hoppock, Matthew Lorn
      When an alien seeks refugee status in the United States, one permissible ground for such protection is a claim, based on her membership in a particular social group, that she would face persecution if returned to her country of nationality. The Immigration and Nationality Act (INA) provides guidance for the adjudication of such a claim. A more complicated case emerges when the alien fears future persecution on account of her former membership in a particular social group. Neither the INA nor the line of cases that have addressed this issue offer much precision. This is, in part, because of the limited number of courts to have addressed the question. Following the Board of Immigration Appeals' (BIA) 1998 decision in Matter of Fuentes, a majority of Circuit Courts have concluded that persecution on account of one's former membership in a particular social group will generally establish eligibility for asylum. However, this rule has been inconsistently applied. Where the asylum applicant's former social group is one that is socially undesirable, for example former membership in a street gang or former employment as a drug informant, there appears a pattern whereby courts reject otherwise legitimate claims of persecution on account of the applicant's former membership. While there are several compelling arguments for this exception, the courts so far have provided little basis, offering instead inconsistent and ramshackle justifications for such denials. This article will analyze the case law governing the question of social groups comprised of former members of particular social groups and the legal implications for what seems a disparate application of the law based on the type of social group involved.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 4 Issue 2 - The Failure of the People's Republic of China to Extend
           the Refugee Convention to Hong Kong: The Contemporary Use of the "Colonial
           Clause" by a Non-colonial Power to Circumvent Human Rights Obligations
    • Abstract: Cox, Lawrence
      The primary thesis of this paper asserts that the People's Republic of China's utilisation of the Refugee Convention's territorial application clause to exclude the Hong Kong Special Administrative Region from the treaty's mandate is incongruent with developments in international law. It will be argued that the territorial application clause, originally termed the "colonial clause", is an archaic and unnecessary device utilised by colonial powers to limit the ambit of their obligations regarding human rights protection. The use of a colonial clause, however termed, by China, a State which has suffered great humiliation at the hands of a colonial power, is hypocritical and ironic. It will further be maintained that human rights treaties are special in nature as their primary focus is the protection of inherent individual rights rather than the protection of State interests. To exclude a particular geographic area from human rights protection is discriminatory and inappropriate. The notion that the HKSAR's unwillingness to have the Central Government extend the Refugee Convention to the Region is a legitimate expression of self-determination will be challenged in two ways. First, the Region's lack of genuine autonomy points to the reality that Hong Kong currently lacks the capacity for rendering meaningful consent to international instruments. Second, the nature of self-determination, which is fundamental to and interdependent with the protection of human rights, precludes its usage to resist or reject an instrument designed to protect human rights. Finally, the practice of creating artificial or administrative boundaries to protect State interests to the detriment of individual human rights will be highlighted. The PRC's use of human rights exceptionalism regarding the HKSAR Region, particularly with the overriding goal of protecting the Region's economic prosperity, while reflective of a global trend, lacks legitimacy.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 4 Issue 2 - A Lack of Good Faith: Australia's Approach to
           'Bootstrap' Refugee Claims
    • Abstract: Hely, Brook
      No category of refugee claimant ignites greater controversy and attracts less sympathy than the 'bootstrap refugee' - a refugee who has engaged in conduct abroad with the sole aim of creating a risk of persecution if returned to his her home state. The Australian approach to bootstrap refugees is ruthless. decision-maker must exclude evidence of a claimant's conduct in Australia unless satisfied that the conduct was not engaged in for the purpose strengthening that person's claim to refugee status. This obligation remains even if the evidence could establish a well-founded fear of persecution on Convention ground. This article submits that, whilst the Australian approach is alluring on a number of public policy grounds, it is inconsistent with Australia's obligations under the Refugee Convention. It also undermines the fundamental Convention principle of non-refoulement.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 4 Issue 1 - Immigration and Asylum Law under the Human Rights Act:
           A Three Branch Analysis
    • Abstract: Waites, Natalie
      The British constitution is in a process of significant change. The 1998 adoption of the Human Rights Act ("HRA"),1 which effectively acts as a bill of rights by incorporating the European Convention on Human Rights ("ECHR")2 into domestic law, was a key development. This paper examines how the HRA has affected the interaction among the three branches of government, and the extent to which the HRA has been an effective mechanism for increasing human rights consciousness. The introductory section provides an overview of the HRA's provisions and legislative history and discusses the current debate on immigration and asylum in the United Kingdom. Part II of this paper focuses on the change in the judiciary's constitutional role since the enactment of the HRA and considers the HRA's role in modifying the balance of power in immigration and asylum decision-making.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 4 Issue 1 - The Forgotten Remedy: Employer Sanctions Revisited
    • Abstract: Fleming, Jennifer R
      There have always been a multitude of ways that Americans divide themselves into groups; race, religion, gender, and sexual preference are but a handful of the most contentious. It has become less tolerable to openly label people in such divisive terms. It is clear that one label has risen in both prominence and acceptability legal status. This article deals with the aspect of illegal migration in United States. It also deals with the government's policies about the emigration and immigration control.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 3 Issue 4 - Profit, Plenary Powers and Militarization: Profit,
           Plenary Powers and Militarization: A 'Perfect Storm' Scenario for
           Immigration Control
    • Abstract: Koulish, Robert
      Securitization discourse in the immigration context focuses on two court doctrines, plenary powers and state action, which create a positivistic vision of unfettered state power, with little court interference. Securitization would not exist were it not for the plenary powers doctrine, which defers unfettered powers to the federal government. Securitization also would not exist were it not for weaknesses in the state action doctrine.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 3 Issue 4 - Exclusion at the Borders: The Necessity of a Concrete
           International Law Responding to HIV/AIDS Related Travel Restrictions
    • Abstract: MacFarlane, Christopher
      The infection rate of HIV exploded resulting in a global outbreak of epidemic portions during the last couple of decades. According to recent estimates, HIV infects over 5,000 people each day and over 39.4 million world-wide. This article investigates the relationship between HIV travel restrictions and international law. Part I traces the background of the HIV/AIDS epidemic and explains its origins, transmission, and vast global effects. Part I explores the numerous areas of international law impacted by HIV such as public health law and human rights law. Part II analyzes the validity of travel restrictions in view of the relevant international law and guidelines.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 3 Issue 3 - The High Court Decision in Mimia v Qaah of 2004 and Its
           Implications for Temporary Protection Visa Holders
    • Abstract: Esmaeili, Hossein; Carlton, Suzanne
      Since 1999 the Australian government has introduced a temporary refugee class of visas in response to the arrival of 'unauthorised boat people'. Under this category of visa, issued for 3 years, the visa holders must reapply for permanent visas upon the expiration of their temporary visas. Arguments as to how the grant of this second visa is assessed often turn on the so-called 'cessation clause' of the Refugees Convention. In recent years, these issues have been considered by the Refugee Review Tribunal, the Federal Court and finally, the High Court of Australia. The High Court clearly determined that the TPV holders must reapply to establish their continuing refugee claims, which in practice means that the cessation clause has no application under the Migration Act 1958 (Cth). This paper considers the background leading to the High Court's decision and analyses the decision of the majority and the dissenting judgement. The article then discusses the implications of the decision on Iraqi and Afghan temporary visa holders.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 3 Issue 3 - Enfranchising Resident Immigrants
    • Abstract: Cox, Justin
      In light of unprecedented levels of immigration to the United States in recent years, many commentators have set forth arguments in favour of granting legal permanent residents (LPRs) the right to vote in local, state and even national elections. This paper discusses the extending voting rights to two particular subsets of the non-citizen, resident class: guest workers and the undocumented.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 3 Issue 2 - Conversion to Peace: Narratives of Individualism in UN
    • Abstract: Sagy, Tehila
      Since 1998, United Nations High Commissioner for Refugees (UNHCR) has been operating Peace Education Programs (PEP) in refugee camps in Africa. In the framework of PEP, UNHCR conducts Peace Education Workshops (PEW) in schools and on the community level. The latter are called Peace Education Community Workshops (PECW). This paper offers a critical reading of the manual used by the facilitators of PECW as a text of conversion of "the native" from collective oriented persons to individualism. In so doing, the programme atomizes people and represses collective organization around political concerns, thus promoting what Nader refers to as "ideology of harmony," which is "a form of pacification." Moreover, PECW's manual is a text of abandonment: the abandonment of African refugees by UNHCR and by the hosting country. Its content is an attempt by UNHCR to withdraw responsibility for the refugees' needs, starting with protection of their physical safety and ending with water supply.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 3 Issue 2 - Protecting Victims of Trafficking in Human Beings in
           the UK: The Italian 'Rimini Method' That Could Influence the British
    • Abstract: Ventrella, Matilde
      Victims of human trafficking should be protected to prevent their revictimisation. This article compares the way the United Kingdom (UK) and Italy protect victims of human trafficking. The reason for this comparison is because the UK does not have any specific law that grants a residence permit to victims of human trafficking. The only way victims could be protected in the UK is when they can demonstrate their rights under the Refugee Convention or the European Convention on Human Rights. In contrast, Italian law establishes the issue of a residence permit to victims of human trafficking. Unfortunately, rarely this law is applied and often victims are confused with other irregular migrants and criminals and expelled. In an Italian city called Rimini, Italian law has been adequately applied and the phenomenon of trafficking in human beings has been completely defeated. In the article, the Rimini Method is described. Moreover, the findings of interviews held in Rimini with the head of the Italian Police in Rimini and with the responsible of an anti-trafficking organization which supported the Police in Rimini are shown, with the aim to explain how trafficking in human beings in Rimini has been defeated. Finally, this article argues that the UK should follow this example and a first step to protect victims of human trafficking should be, as the British Joint Committee on Human Rights highlighted, to sign and ratify the Council of Europe Convention on Actions against Trafficking in Human Beings.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 3 Issue 1 - Discrimination as the Touchstone of Persecution in
           Refugee Law
    • Abstract: Bagaric, Mirko; Dimopoulos, Penny
      The touchstone of refugee law is the concept of persecution. The concept is poorly defined. The courts have suggested that it includes several elements, including discrimination, systematic conduct, motivation and causation. In the context of distinguishing between prosecution and persecution, other criteria that have been employed include the notion of 'a law of general application' and the legitimate and appropriate and adapted test. These concepts are often overlapping and some are superfluous. This paper proposes a new test for persecution. The best way forward to unify and inject coherency, consistency and certainty into this area of the law is to make discrimination the sole criterion of persecution. The (exhaustive) test for persecution that is proposed is as follows: 1. Does the law on its face impose an additional burden for a Convention reason'. 2. If the answer is no, it is necessary to examine if the practical effect of the law is to impose an additional burden on people for a Convention reason either because the law selectively targets people for a Convention ground or disproportionately applies against people for a Convention ground'. 3. If the answer to both questions is 'no', the law does not constitute persecution. 4. If the answer to question 1 or 2 is 'yes', then the law will constitute persecution unless there is a relevant basis for causing serious harm to people for a Convention reason.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 3 Issue 1 - Displacement and Health Status in Low Income Women:
           Findings from a Population-based Study in Greater Beirut
    • Abstract: Choueiry, Nathalie; Khawaja, Marwan
      In this paper we examine the relationship between internal displacement, social support and self reported health status of married women in three disadvantaged urban neighbourhoods in Lebanon. This study was based on data from a cross sectional survey conducted in 2003 on 1869 women that were or had been married and resided in three urban disadvantaged communities in the outskirts of Beirut, Lebanon. The outcome variable was self-rated health (good/bad) as assessed by the women. The independent variables included ever displaced status, social support, demographic, health behaviour, and socio-economic factors. Descriptive statistics and bivariate associations were provided using Pearson's chi-square tests. Unadjusted and adjusted odds ratios were then obtained from binary logistic regression models. Results: Displacement was a significant risk factor for poor self reported health (OR=1.67; 95% CI=1.35-2.07). Adjusting for demographic and socio-economic factors decreased the association between displacement and self reported health but the relationship remained statistically significant. Women with poor support from the family, friends and neighbours were more likely to have poor health status. However, not exchanging support with the family members (OR=1.87%; 95% CI=1.13-3.12) was significantly associated with poor self reported health only among displaced women but not among those who were not displaced. Conclusion: Displacement and social support were negatively associated with women's health status but family support may play an important role in improving the health status of displaced women and not non-displaced women.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 2 Issue 3 - Refugee Law: Moving to a More Humane Approach -
           Ignoring the Framers' Intentions
    • Abstract: Bagaric, Mirko; McConvill, James
      The Convention relating to the Status of Refugees 1951 was drafted over fifty years ago. The definition of what constitutes a refugee is the key aspect of the Convention. Although the definition is relatively succinct, there remains considerable uncertainty regarding several aspects of it. In interpreting the definition, the courts often have regard to the intention of the framers of the Convention. We argue that this approach is flawed. The authority of the convention stems from its incorporation into domestic law. Hence, the intention of the Australian Parliament is paramount and Parliament should not be slow to trump the objectives underpinning an international instrument where they are no longer relevant. In the case of the Convention, the intention of the framers should be ignored because the political and social climate which was the catalyst for the Convention no longer relevant in today's world. Adherence to the framers' intention can only serve to diminish the relevance of the Convention. While the focus in the paper is on the manner in which Australia interprets the Convention, the doctrinal analysis and the reform suggestions advanced in this paper are of relevance to all countries, including the United States, which are signatories to the Convention.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 2 Issue 3 - Will Acceptance of a 'Universally Approved Definition'
           of Terrorism Make Article 1F of the 1951 Refugee Convention More Effective
           in Excluding Terrorists'
    • Abstract: Singh, Sameera
      Post 11 September 2001, a question that dominates International Refugee Law is whether exclusion provisions of the 1951 Convention Relating to the Status of Refugees are capable of efficiently excluding terrorist suspects even without the existence of a universally accepted definition of terrorism' Or in other words, is the existence of a universally acceptable generic definition of terrorism, a requisite for successful exclusion of all undeserving terrorists from being granted refugee status' This paper argues that no such definition of terrorism is required for successfully excluding undeserving terrorist suspects from being granted refugee status, because, the legal mechanisms in Article 1F ensures exclusion from refugee protection of every undeserving terrorist suspect. Hence, acceptance of any such generic definition of terrorism, in practice, will not result in any new category of undeserving persons to be excluded.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 2 Issue 2 - Immunity or Impunity': How Current U.S.
           Interpretation of Diplomatic Immunity Facilitates Diplomatic Abuse of A-3
           Domestic Workers
    • Abstract: Farber, Rachael E
      The modern concept of diplomatic immunity arose out of a universal desire to promote and protect the intercourse among nations however immunity itself is not a violation law. On the other hand its invocation in order to protect diplomats who abuse their domestic workers is unlawful and unjust. Therefore United States should reinterpret diplomatic immunity by recognising normative hierarchy theory or by reinterpreting the Vienna Convention's commercial activities exception so that the diplomats who commit violations of domestic and international law will not be protected.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 2 Issue 2 - The Coalescence of United States Immigration Law and
           International Criminal Law: An Exploration of Elias Zacarias in the
           Context of Female Genital Mutilation
    • Abstract: Yacoubian, George S
      The Supreme Court in the case of INS v. Elias Zacarias affirmed that nongovernmental actors can commit persecution under the Immigration and Nationality Act and according to this case judgement, human rights violations by any international actor, governmental or otherwise can trigger asylum protection in the United States. But the Convention against Torture (CAT) imposes a state actor requirement, which creates an intersection between US immigration law and international criminal law however this case offers a hope for revising the state actor requirement of the CAT.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 2 Issue 1 - Restrictive Trends in Migration Flow: A Postcard from
    • Abstract: Blay, Sam
      In August 2006 Australia abandoned the proposal for a new law to expand its restrictive regime on the admission of unauthorized arrivals by sea. The Australian legislation while ultimately abandoned is a reflection of general international restrictive trends on migration flows. Migration is a function of specific push and pulls factors that are frequently overlooked. In all its forms, migration also presents specific advantages to the destination states as well as the source states. In spite of the advantages, restriction of migration is a common practice. Restrictions have increased in the period post September 11 and are set to increase further with states using a variety of means to discourage immigration flows. In the case of Australia, the suite of restrictions is clearly more extensive with respect to asylum seekers. While the plans to expand the restrictions may have been abandoned for now, given the potential for increases in migrations flows in a global environment of hard economic conditions particularly in developing states, the push to revisit the expansion in the restrictions is only a matter of time.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 2 Issue 1 - Labour Migration: International Standards and National
    • Abstract: Kirby, Michael
      The connection between labour and migration is addressed by reviewing a series of developments at the international and regional level, towards the integration of labour and human rights standards between migrants and nationals. The features of Australia's history and culture also highlighted as they sometimes restrained the implementation of the highest labour standards to migrant workers.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 1 Issue 4 - The Fallacy of 'Job Robbing': A Meta-analysis of
           Estimates of the Effect of Immigration on Employment
    • Abstract: Longhi, Simonetta; Nijkamp, Peter; Poot, Jacques
      Immigration is a phenomenon of growing significance in many countries. Increasing social tensions are leading to political pressure to limit a further influx of foreign-born persons on the grounds that the absorption capacity of host countries has been exceeded and social cohesion threatened. There is also in public discourse a common perception of immigration resulting in economic costs, particularly with respect to wages and employment opportunities of the native born. This warrants a scientific assessment, using comparative applied research, of the empirical validity of the perception of a negative impact of immigration on labor market outcomes. We apply meta-analytic techniques to 165 estimates from 9 recent studies for various OECD countries and assess whether immigration leads to job displacement among native workers. The 'consensus estimate' of the decline in native- born employment following a 1 percent increase in the number of immigrants is a mere 0.024 percent. However, the impact is somewhat larger on female than on male employment. The negative employment effect is also greater in Europe than in the United States. Furthermore, the results are sensitive to the choice of the study design. For example, failure to control for endogeneity of immigration itself leads to an underestimate of its employment impact.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 1 Issue 4 - The Systemic Persecution of Street Children as a Crime
           against Humanity: Implications for their Right to Asylum
    • Abstract: Grover, Sonja
      This paper considers the systemic persecution suffered by segments of the street child population at the hands of State and/or non-State authorities. It is argued that the international community has failed to properly recognize such patterns of persecution against street children as a crime against humanity. It is further suggested that the grant of asylum to street children who have suffered or are at risk of being victimized by such persecution is a form of legitimate intervention into State jurisdictional sovereignty. This is the case as crimes against humanity are beyond the jurisdiction of any State. Notions of 'persecution' based on 'social group' or 'political opinion' as a basis for conferring Convention refugee status on persecuted street children are examined. The point is made that a universal human rights perspective must guide the application of international humanitarian law if asylum cases involving street children among others are to be decided justly.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 1 Issue 3 - Should We Drop Them Off the Plane' The Controversy
           in Jama v. ICE, 125 S. Ct. 694 (2005)
    • Abstract: Burachek, Constantin
      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 1 Issue 3 - Overseas Students Protection Law: Universities, the
           ESOS Act and the National Code
    • Abstract: Ogawa, Megumi
      The Education Services for Overseas Students Act 2000 (Cth) is intended to protect overseas students who are studying or intend to study in Australia. This Act, so-called the ESOS Act, has been publicised as a guarantee of the quality of Australia's education. Despite its wide publicity, the Act is unlikely to achieve its objectives. This article first analyses the objectives of the Act. It then argues that the Act is doomed to fail in attaining its objectives. Finally, possible amendments will be proposed.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 1 Issue 2 - Alie(n)ation: The Parched Rights of Non-citizens in the
           Oasis of Globalisation
    • Abstract: Ng, Yee-Fui
      A study that challenges the presumption by nation-states that citizenship is a pre-condition for the crystallization of human rights, leaving non-citizens in a harsh, arid desert in terms of rights is illustrated. This presumption does not hold true in the age of globalisation as the national boundaries are becoming increasingly porous with the opening of markets of societies and advances in transportation and communication technologies.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 1 Issue 2 - The Operation and Scope of Article 1C(5) of the United
           Nations Convention Relating to the Status of Refugees
    • Abstract: Vrachnas, John
      The Australian Migration Act (1958) caters to refugees through the issue of Protection Visas. The operation of 1C(5) applies to refugees who have a nationality and, because of changed relevant circumstances in the country of origin, are no longer at risk of persecution.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 1 Issue 1 - State Sovereignty and Migration Control: The Ultimate
           Act of Discrimination'
    • Abstract: Bagaric, Mirko; Morss, John
      Nations zealously guard their borders and carefully vet migrants. This consigns many people to live in states not of their choice and often diminishes their opportunities and their level of flourishing. In some cases it is the difference between life and death. The practice of imposing migration controls is discriminatory. In fact it is the ultimate form of discrimination: 'super-discrimination.' There is no logical or moral reason why non-nationals of a state should not have the same opportunities and freedoms as nationals in that state. One of the most common forms of discrimination is race - treating a person differently simply because of their place of birth. This is one of the clearest and most repugnant forms of discrimination because the location where a person is born is of course merely a happy or unhappy circumstance over which the individual has no control. An accident of birth should not qualify a person for extra privileges or opportunities. The world is a fairer place if to the maximum extent possible luck is taken out of the process for allocating benefits and burdens - which ought to be distributed on the basis of merit and dessert. This paper examines whether there are sound reasons for restricting the flow of world-wide people movement. The main arguments in favour of this policy, relating to security and national building, are ultimately flawed. This exposes a tragic irony given the great efforts that many Western states - which typically have the strongest migration controls - make to stamp out discrimination at the domestic level, and the vast array of international law anti-discrimination instruments, loudly trumpeted by Western nations. This is hypocrisy nearing its finest. The substratum of sovereign states upon which available international law is built is inherently discriminatory and in fact is probably responsible for more harm as a result of the innately discriminatory immigration policies than results from the cumulative operation of all domestic discrimination. The world should move towards loosening migration controls. This would have an enormous number of humanistic benefits, not the least of which is largely eradicating world hunger and poverty.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
  • Volume 1 Issue 1 - Mental Health and Human Rights Implications for
           Unaccompanied Minors Seeking Asylum in Australia
    • Abstract: Martin, Fiona; Hutchinson, Terry
      International experts, both legal and medical, state that unaccompanied refugee children seeking asylum are in an especially vulnerable position. As a result, there are several international agreements and statements directed towards securing their rights and protection. In addition to this, medical research has pointed to the long-term detrimental effects if such standards for their treatment are not followed. This article analyses the issues surrounding Australia agreement, on the one hand with international human rights law and the reality of Australia's political policy, as underpinned by the provisions of Australian legislation embodied in the Migration Act, 1958. More specifically, international covenants protecting the rights of children impose an obligation on member sates to use detention of children as a last resort. The Australian Federal Government however, is using detention of refugee children as its first option, not where all other options have failed. This use of mandatory detention, the authors argue, is causing high risk to long-term mental health of such children. In particular, the very fact of detention it is argued, with the consequent deprivation of liberty, having no caregiver in the same family or cultural group, and in addition, the process of asylum seeking, is exacerbating the mental ill-health of already damaged and vulnerable children. This argument is supported by legal and medical research in this area and in particular by the 2004 Report of the Human Rights Commission in its National Inquiry into Children in Immigration Detention in Australia. The submissions and findings of this Inquiry are analysed in detail in this article.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
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