1,720,998 research outputs found
Book Review: The Governance Gap: Extractive Industries, Human Rights, And The Home State Advantage, by Penelope Simons & Audrey Macklin
Get PDFBook review of The Governance Gap: Extractive Industries, Human Rights, And The Home State Advantage, by Penelope Simons & Audrey Macklin
Working against and with the State
No full textThis is the Version of Record (VOR) of an article originally published in the Migration and Society journal in 2021 (https://www.berghahnjournals.com/view/journals/migration-and-society/4/1/arms040105.xml?ArticleBodyColorStyles=contentsummary-4283). It is distributed under Creative Commons license CC-BY 4.0 (https://creativecommons.org/licenses/by/4.0/).A handful of Canadian church congregations provide sanctuary to failed asylum seekers. Many also participate in resettling refugees through a government program called private sponsorship. Both sanctuary and sponsorship arise as specific modes of hospitality in response to practices of exclusion and inclusion under national migration regimes. Sanctuary engages oppositional politics, whereby providers confront and challenge state authority to exclude. Refugee sponsorship embodies a form of collaborative politics, in which sponsorship groups partner with government in settlement and integration. I demonstrate how the state's perspective on asylum versus resettlement structures the relationship between citizen and state and between citizen and refugee. I also reveal that there is more collaboration in sanctuary and resistance in sponsorship than might be supposed.The research was initiated through a Canadian SSHRC/IRCC Rapid Response Grant with Audrey Macklin as Principal Investigator and expanded through the support of her Pierre Elliott Trudeau Foundation Project, “Re-Settler Society: Making and Remaking Citizenship through Private Refugee Sponsorship.
Seven Out of Nine Legal Experts Agree: Expertise No Longer Matters (in the Same Way) After Vavilov!
No full text© Audrey Macklin. First Published in Supreme Court Law Review, 2nd Series, Volume 100.At the time of publication, Audrey Macklin was a fellow of the Trudeau Foundation and the Canadian Institute for Advanced Research and thanked both institutions for their financial support
FREEING MIGRATION FROM THE STATE: MICHAEL TREBILCOCK ON MIGRATION POLICY
No full text Michael Trebilcock's The Law and Economics of Immigration Policy sets out a broad prescriptive model for migration policy. It is informed by a classically liberal endorsement of free movement of labour, a commitment to efficiency, and a preference for market over state regulation. Trebilcock claims that his policy proposal will significantly liberalize immigration in prosperous liberal democratic states and be politically palatable. The key lies in pre-empting the objection that increased levels of immigration will impose or exacerbate the negative fiscal impact of immigrants on receiving states. Trebilcock would privatize selection by delegating it entirely to the market (employers) or the family (relatives), and institute a mandatory private insurance scheme payable by sponsors to insure against the risk that an immigrant will impose fiscal burdens on the state in the period leading up to eligibility for citizenship. While applauding the objective animating this proposal, the author relies partly on Ninette Kelley and Michael Trebilcock's historical account in The Making of the Mosaic: A History of Canadian Immigration Policy to challenge its viability. First, the author suggests that Trebilcock's claim that his model is politically pragmatic is predicated on a contestable understanding of the nature of political opposition to immigration. Second, it is not obvious that Trebilcock's model, on its own terms, would actually liberalize immigration across the range of states where he would seek to implement it. 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. </jats:p
Improving Extradition Procedure through Strengthening the Legal Status of an Individual and Transferring the Decision Making Right from the Executive to Judiciary Branch of Power
No full textA special role amongst various efforts to combat transnational criminal activity belongs to extradition, which has transformed into a form of international cooperation and became an indispensable tool for ensuring criminal responsibility in any part of the world. However, for a long period of time, an individual in the process of extradition has been treated as a passive object of intergovernmental relations which have a significant political component. In this thesis, the claim is that treatment of an individual as a rights bearer and an active subject of legal relationships among other parties of the process, combined with transfer of final decision-making right from the executive to judiciary branch of power, is capable to enable application of the Rule of law principles to particular extradition cases, limit broad discretion of decision makers and minimize political component of extradition.MAS
Archiving Memory: Explorer and Trader Accounts as Evidence in Aboriginal Rights and Title Litigation
Get PDFThis project examines the extensive use of explorer and trader narratives as evidence in aboriginal rights and title litigation. It is difficult to reconcile the conflicting--and often extreme--interpretations of these texts as mostly imaginative literature, a view increasingly held outside of the law, and as authoritative evidence, a position adopted in legal proceedings. Generally, my work reconsiders epistemic practices in aboriginal rights and title proceedings. Specifically, it turns to a literary framework to reflect on the empirical value of historical narratives. Additionally, by utilizing the concept of archive as a critical tool, my work also seeks to comprehend the law's continuing predilection for these texts. Ultimately, while evidential proceedings are generally regarded as oriented toward generating trial knowledge, I argue that in fact the substantive law has driven courts to the imperial texts and has, in effect, constructed the conditions of their necessity and reliability. Both the loosening of evidential rules--to create a story-telling space-- and the unique criteria-legal tests has contributed to their evidential hegemony, often at the expense of aboriginal histories, which are seen as anthropological curiosity. Significantly, this thesis does not suggest the imperial narratives have no empirical or evidential value. It does, however, urge trial actors to account for their limitations. And, by doing so, a broader objective may be served: a fresh examination of the current substantive criteria of aboriginal rights and title law, particularly as it impacts evidential parity between the aboriginal and imperial stories.S.J.D
Improving Extradition Procedure through Strengthening the Legal Status of an Individual and Transferring the Decision Making Right from the Executive to Judiciary Branch of Power
No full textA special role amongst various efforts to combat transnational criminal activity belongs to extradition, which has transformed into a form of international cooperation and became an indispensable tool for ensuring criminal responsibility in any part of the world. However, for a long period of time, an individual in the process of extradition has been treated as a passive object of intergovernmental relations which have a significant political component. In this thesis, the claim is that treatment of an individual as a rights bearer and an active subject of legal relationships among other parties of the process, combined with transfer of final decision-making right from the executive to judiciary branch of power, is capable to enable application of the Rule of law principles to particular extradition cases, limit broad discretion of decision makers and minimize political component of extradition.MAS
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Archiving Memory: Explorer and Trader Accounts as Evidence in Aboriginal Rights and Title Litigation
No full textThis project examines the extensive use of explorer and trader narratives as evidence in aboriginal rights and title litigation. It is difficult to reconcile the conflicting--and often extreme--interpretations of these texts as mostly imaginative literature, a view increasingly held outside of the law, and as authoritative evidence, a position adopted in legal proceedings. Generally, my work reconsiders epistemic practices in aboriginal rights and title proceedings. Specifically, it turns to a literary framework to reflect on the empirical value of historical narratives. Additionally, by utilizing the concept of archive as a critical tool, my work also seeks to comprehend the law's continuing predilection for these texts. Ultimately, while evidential proceedings are generally regarded as oriented toward generating trial knowledge, I argue that in fact the substantive law has driven courts to the imperial texts and has, in effect, constructed the conditions of their necessity and reliability. Both the loosening of evidential rules--to create a story-telling space-- and the unique criteria-legal tests has contributed to their evidential hegemony, often at the expense of aboriginal histories, which are seen as anthropological curiosity. Significantly, this thesis does not suggest the imperial narratives have no empirical or evidential value. It does, however, urge trial actors to account for their limitations. And, by doing so, a broader objective may be served: a fresh examination of the current substantive criteria of aboriginal rights and title law, particularly as it impacts evidential parity between the aboriginal and imperial stories.S.J.D
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