Managing citizenship, security, and rights : regulating marriage migration in Europe and North America.
This book explores the persistence of the governance gap with respect to the human rights-impacting conduct of transnational extractive corporations operating in zones of weak governance. This book will be of interest to academics, policy makers, students, civil society and business leaders.
Immigration and Refugee Law is an ambitious text that surveys the historical origins of contemporary immigration and refugee law. Using carefully selected excerpts from the writings of leading scholars, and commentary by the learned author team, this casebook provides several theoretical frameworks for normative critique, offering students various perspectives in a cohesive and comprehensible manner.
Though citizenship is often thought of as an inalienable right, the emergence of the “homegrown” terrorist has called into question whether certain citizens deserve the protection that citizenship status provides. Throughout the article, the author displays how the contemporary exercise of citizenship revocation has revived the arcane practices of exile and banishment.
The author contends that Doré’s attempt to synchronize proportionality analysis (derived from constitutional adjudication) with deferential reasonableness review (derived from administrative law) is unsatisfactory. The replacement of Charter “right” or “freedom” with Charter “value” obscures the recognition of rights and freedoms in play.
We survey the sources of popular anxiety around multiple citizenship and focus on two recurrent objections regarding claims by dual citizens outside Canada to legal rights associated with citizenship. The first objection is that because nonresident citizens do not live in Canada, they do not demonstrate the appropriate degree of commitment to Canada. The second is that since nonresident citizens do not pay taxes, they are not entitled to claim the rights of citizenship.
Tracking judgments from the European Court of Human Rights and the Supreme Court of Canada across a series of cases dealing with non-citizens and national security reveals that courts not only circulate practices and legal arguments between jurisdictions, they also circulate – perhaps inadvertently – misrepresentations of practices, and remain strategically deaf to dissonant arguments.
The author concludes by reflecting on the capacity of broadly conceived, transnational policy prescriptions to grapple with the complexity of migration as a global phenomenon, the specificity of national contexts, and the limits on state actors’ ability to socially engineer the character of present and future generations through immigrant selection. Where the vast majority of immigrants are admitted on the basis of ascriptive kinship criteria, family matters – and will continue to matter – in the future direction of immigration.
This paper surveys the international legal frameworks, including the many guidelines, handbooks, resolutions, toolkits, conclusions and manuals produced by various United Nations bodies, that confirm an awareness of the protection issues specific to women and girls displaced by conflict.
The objective of this article is to integrate legal and social conceptions of citizenship as they materialize at the geographic, political, and social border crossings that accompany transnational mobility. Rather than pose the question "who is the citizen?," I ask "who is the citizen’s Other?," partly as a means of surfacing what we mean by citizenship by thinking about who we designate as its alterity.
Refugees are vanishing from the territory of wealthy industrialized nations. I do not mean that refugees are literally disappearing. Despite the best efforts of western governments to deter them, thousands of asylum seekers do manage to arrive and lodge refugee claims each year. I refer here not to the legal and material reality of refugees, but rather to the erosion of the idea that people who seek asylum may actually be refugees.
Immigration laws and policies articulate global supply with local demand by delimiting the terms of entry, duration and residence. In the case of sex-trade workers, the formal stance of most wealthy states tends toward exclusion of non-citizens and criminalization of prostitution. The result is that foreign women who engage enter and work without legal authorization (which necessarily encompasses illegal sex work) are doubly criminalized.
The author explores linkages between the transnational activities of a Canadian oil company operating in Sudan and the human rights and humanitarian violations committed by the Government of Sudan against the people of Southern Sudan in the course of the ongoing civil war. The specific impact of the armed conflict on women is recounted in microcosm through a meeting between the author, a member of a fact finding mission to Sudan, and a group of Nuer women.
Using a legal and discursive analysis that focuses on the production of female labor migrants variously as workers, as criminals and as bearers of human rights, the article argues that the incoherence of Canadian policy can only be rendered intelligible when refracted through these different lenses. The article concludes by considering policy options available to the state in addressing the issue.
The auteur explores the impact of international law on legal practice in Canada with a special attention to the politics and immigration laws, and the way they affect the lives of woemn wanting to enter Canada.