scholarly journals The Right to Protection of Forcibly Displaced Persons During the Covid-19 Pandemic

2021 ◽  
Author(s):  
Brigitte Rohwerder
Keyword(s):  
Immigration Policies ◽  
Displaced Persons ◽  
The Core ◽  
Refugee Protection ◽  
Irreparable Harm ◽  
Degrading Treatment ◽  
The Right

The unprecedented shutdown of borders and restrictions on migration in response to the Covid-19 pandemic have put the core principles of refugee protection to test and resulted in the erosion of the right to asylum and violations of the principle of non-refoulment (no one should be returned to a country where they would face torture; cruel, inhuman or degrading treatment; or punishment and other irreparable harm). Covid-19 is being used by some governments as an excuse to block people from the right to seek asylum and implement their nationalist agendas of border closures and anti-immigration policies.

scholarly journals The Statist Approach to the Philosophy of Immigration and the Problem of Statelessness

2018 ◽  
Vol 11 (1) ◽  
Author(s):  
Stephen E Mathis
Keyword(s):  
Human Rights ◽  
Immigration Policies ◽  
The Core ◽  
The Right

The issue of statelessness poses problems for the statist (or nationalist) approach to the philosophy of immigration. Despite the fact that the statist approach claims to constrain the state’s right to exclude with human rights considerations, the arguments statists offer for the right of states to determine their own immigration policies would also justify citizenship rules that would render some children stateless. Insofar as rendering a child stateless is best characterized as a violation of human rights and insofar as some states have direct responsibility for causing such harm, the problem of non-refugee stateless children points to greater constraints than most statists accept on states’ right to determine their own rules for membership. While statists can ultimately account for the right not to be rendered stateless, recognizing these additional human rights constraints ultimately weakens the core of the statist position.

scholarly journals Two-Lane Blacktop: Refugees & Torture

2017 ◽  
pp. 49-66
Author(s):  
Jesús García Cívico
Keyword(s):  
At Risk ◽  
Human Rights ◽  
Asylum Seekers ◽  
Universal Declaration ◽  
Political Crisis ◽  
Immigration Policies ◽  
Extensive Field ◽  
Degrading Treatment ◽  
The Right ◽  
Perverse Effect

The right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, and the right of asylum have, individually considered, an extensive field of application", but it is possible to point out some traits in common. Firsty, in both rights undelie the moral spirit of the Universal Declaration of Human Rights. At the same time, according to the recent reports of the main human rights organisations, both rights are in deep political crisis. Furthermore, is possible to see that sometimes they cross each other: there is a triple «zone of intersection between the right of asylum and the right not to suffer torture, inhuman or degrading treatment: one of the reasons for escaping from a country is to avoid suffering torture ("refuge after torture")  secondly, sometimes inhuman and degrading treatment occur precisely in the process of seeking asylum ("inhuman treatment in the refuge"), finally, there are countries with strong deficiencies in their immigration policies and this can produce a perverse effect: the transfer of potential asylum seekers to countries where they are at risk of torture or inhuman treatment again ("torture or inhuman and degrading treatment after asylum").

What face familiarity feelings say about the lateralization of specific entities within the core system

2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti
Keyword(s):  
Temporal Lobe ◽  
Memory System ◽  
Core System ◽  
The Core ◽  
Memory Traces ◽  
Specific Memory ◽  
Target Article ◽  
Temporal Structures ◽  
The Right

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.

The Fox Diet

2018 ◽  
Author(s):  
Yochai Benkler ◽  
Robert Faris ◽  
Hal Roberts
Keyword(s):  
First Year ◽  
Right Wing ◽  
Justice Department ◽  
Fox News ◽  
The Core ◽  
Deep State ◽  
Media Ecosystem ◽  
Conservative Media ◽  
The Right

This chapter focuses on the role of the dominant player in conservative media, Fox News, during the first year of Donald Trump’s presidency. It looks at three case studies to illustrate how Fox News used its position at the core of the right-wing media ecosystem repeatedly to mount propaganda attacks in support of Trump: the Michael Flynn firing in March 2017, when Fox adopted the “deep state” framing of the entire controversy; the James Comey firing and Robert Mueller appointment in May 2017; when Fox propagated the Seth Rich murder conspiracy; and in October and November, when the arrests of Paul Manafort and guilty plea of Flynn seemed to mark a new level of threat to the president, Fox reframed the Uranium One story as an attack on the integrity of the FBI and Justice Department officials in charge of the investigation.

scholarly journals The Code of Capital: How the Law Creates Wealth and Inequality – Core Themes

2021 ◽  
Vol 11 (1) ◽  
pp. 1-7
Author(s):  
Katharina Pistor
Keyword(s):  
Coercive Power ◽  
Private Law ◽  
The Core ◽  
The Law ◽  
The Right

Abstract In this brief introduction, I summarize the core themes of my book “The Code of Capital: How the Law Creates Wealth and Inequality”. Capital, I argue, is coded in law – predominantly in a handful of private law institutions. By relying on legal coding techniques, asset holders invoke the right to enforce claims against others, if necessary with the help of the state’s coercive power.

scholarly journals The Right to Dignity of Refugees: A Response to Fleur Johns

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 193-195
Author(s):  
Elspeth Guild
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Humanitarian Law ◽  
International Protection ◽  
Human Rights Abuses ◽  
Refugee Protection ◽  
Mass Migration ◽  
International Refugee Law ◽  
The Individual ◽  
The Right

Fleur Johns' thesis about the increasing role of data in the verification of the condition of the world and how this impacts on international law is stimulating and bears reflection. This is an extremely interesting and innovative approach to the issue of data and its role in state engagement with mass migration. From the perspective of a scholar on international refugee law, a number of issues arise as a result of the analysis. One of the contested aspects of mass migration and refugee protection is the inherent inconsistency between two ways of thinking about human rights—the first is the duty of (some) international organizations to protect human rights in a manner which elides human rights and humanitarian law, and the second is the right of the individual to dignity, the basis of all human rights according to the UN's Universal Declaration of Human Rights of 1949. The first enhances the claims of states to sovereign right to control their borders (mediated through some international organizations), while the second recognizes the international human rights duties of states and international organizations to respect the dignity of people as individuals (including refugees). Fleur is completely correct that human rights abuses are at the core of refugee movements. While there are always many people in a country who will stay and fight human rights abuses even when this results in their sacrifice, others will flee danger trying to get themselves and their families to places of safety; we are not all heroes. Yet, when people flee in more than very small numbers, state authorities have a tendency to begin the language of mass migration. The right to be a refugee becomes buried under the threat of mass migration to the detriment of international obligations. Insofar as mass migration is a matter for management, the right of a refugee is an individual right to international protection which states have bound themselves to offer.

Summary judgment — Quo vadis?

2021 ◽  
Vol 138 (1) ◽  
pp. 88-114
Author(s):  
Thino Bekker
Keyword(s):  
South African ◽  
Historical Development ◽  
Access To Justice ◽  
High Court ◽  
The Core ◽  
Golden Opportunity ◽  
Quo Vadis ◽  
The Right ◽  
Summary Judgment ◽  
Made In

The summary judgment procedure in South African law provides for a speedy judgment in favour of a deserving plaintiff where it can be shown that the defendant does not have a triable defence. In 2019 the Rules Board made certain drastic amendments to the procedure of summary judgment in the high court. In this article the historical development of the procedure of summary judgment will be discussed, and the new amendments to rule 32 of the Uniform Rules of Court critically evaluated. It will be argued that the amendments to rule 32 were unnecessary and that it may diminish the right to access to justice in civil disputes. It will, however, also be argued that there are some merits in the critique raised by the Rules Board in relation to rule 32 and that the Rules Board missed a golden opportunity to overhaul the entire summary judgment procedure in a more sensible manner and in line with the core constitutional values of s 34 of the Constitution. It will be argued that rule 32 should be replaced in its entirety by a new, more streamlined procedure, and some recommendations for legal reform will be made in this regard.

scholarly journals Young Stages of Zeugopterus punctatus

1894 ◽  
Vol 3 (3) ◽  
pp. 202-205 ◽  
Author(s):  
J. T. Cunningham
Keyword(s):  
Frontal Bone ◽  
The Other ◽  
Terminal Portion ◽  
Facial Region ◽  
The Core ◽  
Dorsal Fin ◽  
Undifferentiated Cells ◽  
Auditory Region ◽  
The Right

On May 4th of the current year a number of small Pleuronectids were captured by the hand in a pool left by the ebb tide at Plymouth Breakwater, and brought to me alive. Two of them were very transparent, and, from their habit of lying on the right side when at rest, evidently sinistral forms. One of them was almost perfectly symmetrical; while in the other the torsion of the facial region and eyes had commenced. The pigmentation had the form of interrupted transverse bands, which were most conspicuous on the dorsal and ventral fins; on the dorsal fin seven bands were indicated. The terminal portion of the original trunk, containing the notochord, was seen at the upper edge of the caudal fin. The neurochord was covered with pigment, forming a very distinct band, situated, however, not in the skin, but in the connective tissue surrounding the neurochord or spinal cord. The mouth was large, and the snout upturned. The pectoral fin was large, the pelvic small. But the most important characteristic was the presence of two straight spines projecting laterally from the auditory region. These have been called otocystic spines by Prof. McIntosh, but I think they would be more appropriately described as periotic spines, as they are evidently projections of the periotic cartilage or bone; to which particular bones of the periotic region they belong has not been determined. Mr. Holt cut sections of the spines in situ, and found that they consisted of a knob of periotic cartilage passing into a mass of undifferentiated cells, the whole forming the core of a dermal spine consisting of hyaline ossified tissue. In my specimens I observed a third spine, much smaller, situated in the region of the frontal bone, behind and above the eye; it was visible in both the stages.

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