Virtual Library

This paper addresses the recognition in cosmopolitan debate of a possible disjuncture between the normative ideal of cosmopolitanism and its realization in practice. Taking as its focus the potential conflict between human rights commitments and national concern about immigration control, it reflects on a series of legal challenges to UK government attempts to withdraw support from asylum seekers who do not claim on entry into the country. Set in the context of socio-legal theory, these cases are analysed for signs of a ‘national’ or ‘cosmopolitan’ paradigm in judicial interpretation, and considered as a possible instance of reflexive judgment, espoused as a feature of cosmopolitanism.

This article conducts a critical discourse analysis of the Hungarian government’s National Consultation campaign on ‘immigration and terrorism’ in early 2015. The analysis draws on a discourse-historical approach to illuminate how the language and contents of the consultation draw on the discursive and political repertoires of the post-2010 Orbán governments and how, at the same time, they are underpinned by particular elements in the history of migration and diversity in Hungary. The consultation framed immigration as both an economic and security threat and conflated asylum seekers, economic migrants and terrorists, as well as regular and irregular migration. Nevertheless, these discourses would later feed into the government’s response to the large number of asylum seekers who entered the country in the summer of 2015 and would be used to legitimize the actions subsequently taken to tackle what would internationally come to be defined as a ‘crisis’.

Dedicated to the 600,000 Palestinian men, women, and children who lived in Lebanon from 1948-1983.

This article deals with the problems of North Korean defectors currently living in South Korea. In the past, most such defectors came from privileged groups in the North Korean population, and their adjustment to the new environment did not pose a significant problem. However, from the mid-1990s, defectors began to come from the far less privileged groups. They experience serious problems related to jobs, education, crime, and social adjustment. Recent years have seen a dramatic but not always openly stated change in the official South Korean attitude toward defectors: from a policy explicitly aimed at encouraging defection, Seoul has moved to the policy of quietly discouraging it. There are fears that encouraging defection will undermine the policy of peaceful engagement with the North. There is also the perception that refugees are outsiders, not quite adjustable to the conditions of South Korean society and thus a social and budgetary burden.

Paper discussing issues such as: the Rios Montt Government’s counterinsurgency campaign, internal and external refugees as of November 1982, findings of Americas Watch March 1983, Mission to Chiapas, Mexico, direct testimony of Guatemalan refugees, the activities of civil patrols, the Parraxtut incident, the growing refugee populations and Guatemalan Army harassment and surveillance of refugees in Mexico. 

Since the Treaty of Westphalia in 1648 the refugee regime has evolved with our modern state system, reflecting changes in international law, politics, economics and ideology. Responding to a history of religious and political persecutions, a comprehensive refugee regime finally emerged under the League of Nations after World War I. This regime underwent dramatic change during World War II to create a permanent framework to cope with the refugee problem through the United Nations High Commissioner for Refugees and the UN Convention Relating to the Status of Refugees. The Cold War had an overwhelming influence on the norms and rules of this regime, and in the post‐Cold War era the regime has struggled to reflect and adapt to emerging global concerns — from internally displaced persons to gender and race distributional issues. As UNHCR is forced to reconsider its definitions, laws, and policies, the larger evolving regime must give way to a form of global governance in which the international authority of the UN body has more meaningful influence on the implementation of national law and policy.

Since Somalia, the international community has found itself changing its view of humanitarian intervention. Operations designed to alleviate suffering and achieve peace sometimes produce damaging results. The United Nations, nongovernmental organizations, military and civilian agencies alike find themselves in the midst of confusion and weakness where what they seek are clarity and stability. Competing needs, rights, and values can obscure even the best international efforts to quell violence and assuage crises of poverty. More attention must be paid to the complexity of issues and moral dilemmas involved. This volume of original essays by international policy leaders, practitioners, and scholars brings together insights into the conflicting moral pressures present in different kinds of interventions ranging from Rwanda and Somalia to Haiti, Cambodia, and Bosnia. From their various cultural and professional perspectives the authors cover issues of human rights, sanctions, arms trade, refugees, HIV, and the media. Together they make the case that, although there are no easy answers, moral reflection and content can improve the quality of decisionmaking and intervention in internal conflicts. 

Increasingly hard-line and restrictive asylum policies and practices of many governments call into question the scope of protections offered by the 1951 Convention relating to the Status of Refugees. Has the focus on the 1951 Convention been to the detriment and subordination of other rights and standards of treatment owed to refugees and asylum-seekers under international human rights law? Which standard applies in the event that there is a clash or inconsistency between the two bodies of law? In analysing the interface between international refugee law and international human rights law, this article looks at the right to family life and the right to work. Through this examination, content and meaning is offered to the almost forgotten component of the right ‘to enjoy’ asylum in Article 14(1) of the Universal Declaration of Human Rights 1948.

In this article, I investigate responses to the humanitarian crisis that emerged following the May 2008 xenophobic violence against South African nonnationals that resulted in 62 deaths and the displacement of well over 30,000 people. I focus specifically on how a South African AIDS activist movement, the Treatment Action Campaign (TAC) and its partners, Medecins Sans Frontieres (MSF—Doctors Without Borders) and the AIDS Law Project (ALP), translated a particular style and strategy of AIDS activism into legal, medical, humanitarian, and political responses to the massive population displacement. The TAC provided relief to displaced people in the form of basic needs, such as food, clothes, and blankets, as well as legal aid, and it engaged in activism that promoted the rights of the refugees. I investigate how the ideas and practices of global agencies such as the United Nations High Commission for Refugees (UNHCR) were deployed and reinterpreted by TAC activists. I also examine how TAC activists involved in assisting the refugees drew on a global humanitarian assemblage of categories, legal definitions, norms and standards, and procedures and technologies that went beyond the simple management of “bare life.” TAC’s shift from fighting for antiretroviral drugs (ARVs) to fighting for refugees’ rights reveals a “politics of life” that spans multiple issues, networks, and constituencies. It is also a politics that, at times, strategically deploys standardized bureaucratic logics and biopolitical techniques of humanitarian aid.

Although the Refugee Convention and European asylum legislation state that decisions regarding asylum applications should be determined solely based on persecution and other human rights violations, the outcomes of asylum procedures may be subject to socioeconomic selectivity. This article is the first to analyse whether the human and social capital of asylum-seekers affect the results of decisions regarding their asylum applications and the length of asylum procedures based on a comprehensive longitudinal survey of 5,300 refugees in Germany. We find that socioeconomic and social capital resources increase the probability of approval of asylum applications and reduce the length of asylum procedures. Moreover, human capital is particularly rewarding for asylum-seekers from countries subject to severe political and civil rights violations, whereas social networks are more conducive when the case for protection is rather difficult to prove. Finally, asylum-seekers with a higher socioeconomic status before migration seem to be better positioned to efficiently instrumentalize social networks during the asylum process. Throughout the analysis, we control for variables that capture the violation of human rights and other forms of violence, changes in asylum policies and country-of-origin-specific fixed effects. The results are robust to different specifications and are representative for asylum-seekers arriving in Germany between 2013 and 2016. Altogether, similar to other claim-making processes, the asylum process seems to promote social inequality due to socioeconomic and social capital resources.