Refugee and Immigration Law

Το παρόν κείμενο πραγματεύεται το νομικό καθεστώς που διέπει την οικογενειακή επανένωση πολιτών τρίτων χωρών και τα ζητήματα ιδιωτικού διεθνούς δικαίου που ανακύπτουν σε περιπτώσεις που αυτό τυγχάνει εφαρμογής. Σκόπιμο κρίναμε, για λόγους συστηματικής εποπτείας της θεματικής να αναφερθούμε εισαγωγικά στο προϊσχύσαν νομικό καθεστώς. Κατόπιν θα αναλυθεί το ισχύον νομικό καθεστώς, όπως αυτό διαπλάθεται από την Οδηγία 2003/86/ΕΚ και τα εθνικά νομοθετήματα που μετέφεραν την ενωσιακή πράξη στην εσωτερική μας έννομη τάξη. Αφότου φωτιστούν οι «συνδετικοί κρίκοι» των σχετικών άρθρων του Κώδικα Μετανάστευσης με το ΙΔΔ, θα επικεντρωθούμε στην ανάλυση των άρθρων εκείνων που αφορούν στο κύρος του γάμου και την επιμέλεια των τέκνων.

Abstract
The purpose of this dissertation was to investigate Refugee Status Determination: Law and Procedure in Eswatini. The current study was guided by four research objectives; to identify the regulatory framework of refugee status determination and protection at the international regional and national level, to determine the constitutional right of refugees to just administrative action, to establish the Kingdom of Eswatini’s obligation in international law and to provide conclusions and recommendations to mitigate the problem in Eswatini.
The aim is instead to highlight red flags which will assist the relevant department in the Ministry of Home Affairs and any interested party to have a basic understanding of what refugee status determination (law and procedure) in the Kingdom of Eswatini entails.
Although refugee status determination is an administrative process, Eswatini laws including a constitutions have laid down jurisprudence confirming the following: (i) at the moment a foreigner expresses an intention to apply for asylum, he or she must be afforded the opportunity to do so at the point of entry or the reception centre; (ii) illegal entry into the state do not bar application for asylum and equality before the law affords asylum seekers to seek redress from the High Court if they feel their rights have trampled with,
It is recommended that the Kingdom of Eswatini should open additional offices next to the ports of entry, in particular Siteki is more appropriate to cover Lomahasha and Mhlumeni ports of entry. In addition, interpreters should be readily available to asylum seekers, either in the initial stage at the port of entry or during the interview process. The interpreters should be well-trained and knowledgeable about refugee law and immigration law. Furthermore, asylum seekers or refugees who are not satisfied with the decision of the Department of Home Affairs should have access to speedy and inexpensive relief before they may be deported or removed from the asylum system.

TODOS OS DIREITOS RESERVADOS. Proibida a reprodução total ou parcial deste livro ou de quaisquer umas de suas partes, por qualquer meio ou processo, sem a prévia autorização do Editor. A violação dos direitos autorais é punível como crime e passível de indenizações diversas. Justiça de transição nos 25 anos da Constituição de 1988 / Emílio Peluso Neder Meyer, Marcelo Andrade Cattoni de Oliveira (organização). 2ed. ampliada -Belo Horizonte : Initia Via, 2014.

This article identifies the critical legal and sociolegal issues of marital rape in Islamic countries, and calls for immediate reform. Despite recent achievements in promoting women's rights and facilitating access to justice, marital rape remains legally and socially undefined in many Islamic countries. This article employs a comprehensive comparative analysis of statutory law, case laws, and judgements in Islamic countries such as Bangladesh, Saudi Arabia, and Malaysia, comparing this to developed Western jurisdictions, including the UK, the US, and Australia. The analysis draws upon statutory law, landmark cases, and scholarly literature to identify the significant gaps produced by traditional interpretations of marital acquiescence. These results highlight the need for substantial legislative reforms, and encourage policymakers and human rights to advocate the adoption of progressive and consent-based approaches in line with universal human rights principles. More importantly, this study provides practical recommendations for bringing about real policy changes and for enhancing the protection of women's rights and dignity in marriages in Islamic-majority countries.

The role of emotion in asylum processes is one that has gained attention in recent years. This article situates itself as a response to this emerging body of literature by shedding new light on how emotions shaped the asylum appeals of a group of former unaccompanied minors in England through the application of the new concept of "empathy gap." Five socio-legal themes are used to structure the analysis: (i) age disputes, (ii) credibility, (iii) affective ties, (iv) right to voice, and (v) precarious legal status. It is the first article to explore in depth what happens during the asylum appeals process for former unaccompanied minors in Britain and the first to consider how questions of emotion affect their lived experiences of, and the process of, legal proceedings. The article has wider implications for how social processes and relations and informal processes, in particular emotions, influence formal legal proceedings leading to potential for unfair outcomes. The article finds that, to avoid empathy-enhanced reasoning becoming yet another variable leading to inconsistency in the judicial process, systematic training and monitoring are required. These findings carry implications far beyond the immediate context of UK asylum tribunals by offering empirically informed insights for theory and practice regarding the role of emotion in judicial proceedings, and therefore have enduring relevance.

Across modern history, refugees have articulated their experiences and wishes against the backdrop of mass displacement brought about by world wars, civil war, revolution, population exchange, decolonisation, and state formation. Men and women displaced in different sites, from different backgrounds, and at different times have played for high stakes: they deliberated about what to say and to whom, and they sought, expected, and effected a response. Refugee Voices in Modern Global History places refugees at the centre of modern history. It demonstrates how ordinary refugees understood their experiences of displacement and engaged with institutions that sought 'solutions' to their predicament. Ranging widely across global contexts to establish what refugees had to say and to whom, it shows them to have consistently been purposeful actors, making it possible to transcend conventional and hackneyed depictions of 'crisis'. By adopting the term 'refugeedom' the authors show how the voices and perspectives of refugees can be incorporated alongside the power dynamics associated with the multiple incarnations of the refugee regime that 'managed' refugees and articulated 'solutions' to their predicament. Extensive archival research across three continents makes it possible to explain in comparative terms the significance attached to the encounters between refugees and officials in modern Europe, South Asia, the Middle East, East Asia, and sub-Saharan Africa. The result is an original and in-depth study of the contrasting responses of refugees to displacement and to the arrangements made on their behalf at a series of critical junctures in the past.

Climate change is accelerating the displacement of millions of individuals worldwide, yet current international legal frameworks fail to adequately address the status and protection of climate refugees. This article examines the gaps in international refugee law, particularly the 1951 Refugee Convention, which does not recognize climate-induced displacement as grounds for asylum. The absence of legal recognition leaves affected individuals in a state of legal limbo, without clear pathways for protection or resettlement.

This research explores the limitations of existing human rights and environmental treaties, such as the International Covenant on Civil and Political Rights (ICCPR) and the Paris Agreement, in addressing climate migration. The paper analyzes key legal precedents, including Teitiota v. New Zealand and Billy and Others v. Australia, demonstrating the growing intersection between human rights law and environmental displacement.

A proposed rights-based framework is outlined to integrate climate displacement protections into existing legal mechanisms or establish a supplementary protocol to the Refugee Convention. This framework includes the expansion of non-refoulement to climate-induced risks, the recognition of climate refugees as a distinct legal category, and policy recommendations for global cooperation.

The study emphasizes collective responsibility, highlighting the moral and legal obligations of developed nations to assist vulnerable regions disproportionately affected by climate change. The article calls for capacity-building initiatives, strengthened international legal commitments, and funding mechanisms like the Green Climate Fund (GCF) to support adaptation and resettlement efforts.

With climate-induced displacement expected to rise exponentially, this research underscores the urgent need for legal reform and international cooperation to safeguard the rights and dignity of climate refugees.

This research report examines the experience of using the Traffic Penalty Tribunal's online case management system, Portal. The research uses a survey methodology to test the experience and views on fairness of TPT hearings using the online, telephone and in person hearings at the TPT.

Los derechos políticos de los migrantes son un tema poco explorado, limitándose el desarrollo legislativo y jurisprudencial al derecho a sufragio, que es sólo un aspecto de los derechos ciudadanos. Existe la tendencia a reconocer este derecho a extranjeros en elecciones de carácter local (con obvias diferencias entre los diversos países), pero no se ha avanzado en su verdadera integración al cuerpo político. Se hace necesario repensar los conceptos de nacionalidad y ciudadanía, como un imperativo para mejorar la calidad de la democracia, respetar los derechos humanos y terminar con legislaciones y políticas discriminatorias. De este modo, se puede aportar a una integración de los migrantes a la comunidad nacional. Para ello, se propone conceder la ciudadanía, separada de la nacionalidad, a inmigrantes que cumplan con ciertos requisitos.

Cameroon has a series of proliferated laws, legal provisions, and institutions having overlapping mandates in various documents regarding the protection and promotion of foreigners' rights residing in the territory. Despite the available laws, international law remains the main instrument that regulates foreigners' treatment within the state. Even though with the establishment of laws, these laws, for a long period, have become obscure and obsolete. Migrants continue to experience aspects of violence, discrimination, and expulsion regardless of the status they occupy. States, on their part, suffer especially when these foreigners indulge in fraudulent activities that affect the security and sovereignty of the state. These problems faced by migrants despite the availability of local laws on foreigners' protection have instigated the posing of questions in order to ascertain the adequacy of the lawful protection of foreigners in Cameroon. 1 ACHIH MAHAMADOU JALLO, LLM BUSINESS LAW UNIVERSITY OF BUEA.

This paper provides an analytical discussion on the provision of the QSO, focusing specifically on Article 17 and its questionable interpretation by lawmakers. Article 3 of the QSO explicitly states that all individuals are competent to testify as witnesses. However, Article 17 appears contradictory by requiring that a woman’s testimony alone is insufficient, necessitating the presence of at least two women to give their statements legal validity and evidential standing. This paper addresses whether the provision of half-rights to women’s testimony in the QSO aligns with the Constitution of Pakistan, which upholds the principles of equality and fair trial. The discussion includes an examination of the social position of women, supported by case studies and case laws, illustrating how courts, through a purposive approach, have shown leniency in the strict interpretation of laws. This leniency has allowed women’s testimony to stand alone as legally sufficient. The paper concludes with recommendations for bridging the gap between these laws and suggests possible solutions.
Questions:
1. Does Article 17 of QSO take away the right of testimony of one (individual) woman?
2. The Constitution provides fundamental rights of equality, no discrimination and fair trial to women and men both, how is QSO in conflict with this?

Pese a no existir en ella referencias explícitas a la inmigración, la doctrina y jurisprudencia constitucionales han considerado que la Constitución de 1980 ha ofrecido a las personas migrantes un alto estándar de protección de sus derechos fundamentales. En el artículo se sostiene que en la futura Constitución es necesario dar continuidad a este marco particularmente garantista, e incorporar normas que dirijan la acción del Estado hacia la adopción de políticas migratorias que se enfoquen en los derechos de las personas migrantes y que favorezcan su integración.

The Federal Supreme Court Cassation Division reviews cases based on cassation petition against final court decisions when they contain a fundamental error of law. Such decisions of the Cassation Division rendered by five judges are binding on lower courts. This article reviews cassation decisions for content and form under six categories. It also reviews how the Cassation Court sees its role to better contextualise the effectiveness of those decisions. It finds that the Cassation Division sees itself as part of a court, not an independent judiciary based on separation of powers, and its decisions show significant deference to administrative decisions, and heavy-handed interpretation and application of the rules of criminal and administrative laws. In civil cases, it shows strict interpretation of statutes; it does not resort to principle-based interpretation of rules; it rather interprets statutes as any other ordinary court does. Even if continental legal systems do not envisage case laws through their judicial decisions, courts are not expected to merely rely on the literal readings of the law where such readings are silent, absurd, unreasonable, inconsistent, and contrary to legislative intent. With regard to the form the judgments are written, there are decisions that are not befitting a Cassation Division, the highest judicial organ in Ethiopia.

Large-scale displacement of people has become a defining characteristic of Africa. Unlike refugees, the legal framework for protection of internally displaced persons in Africa like many parts of the world have just evolved. The idea to protect this category of persons within the region have not attracted the much attention that it deserves despite the truism that in Africa internally displaced persons outnumber refugees. The burden of offering protection to internally displaced persons have been left within the shoulders of national government on the ground that they remains within the borders of their own states who in rare if not in all cases have no municipal law to cater for their welfare. Worse still, in the case of Africa, no specialized institution exists to cater for this class of her citizens as intervention in most cases are Ad-hoc in nature coupled with the attendant highly fragmented response. This paper assesses the emerging/evolving trend of legal protection for internally displaced persons in Africa especially with the coming into force of the regional framework-Kampala Convention for the Protection and Assistance to Internally Displaced Persons in Africa which imposes expanded obligations on states beyond the traditional horizon. The paper apart from tracing briefly the antecedents of the Kampala convention also delved into monumental and unprecedented advancements that have been made in it which has now become realistic and profound with its entry into force.

The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision ...

This Report (i) maps the legal entitlements of asylum-seekers, refugees, and failed asylum-seekers in Egypt under international, regional, bilateral, and domestic laws, (ii) examines whether such entitlements are in fact accessible, and (iii) makes recommendations for possible future directions.

This paper presents an analysis of the underlying policy and legal mechanisms contributing to the deaths of migrants attempting to reach the EU by crossing the Mediterranean. It is structured into three sections, outlining, firstly, the deficits of the current Common European Asylum System, especially its extraterritorial dimension. It is argued that the reasons for the shortcomings of the current system are linked to the traditional state-centred paradigm still pre-dominant in EU law and policy. Secondly, human rights are presented as the conceptually adequate instrument to fill these gaps and to extend effective protection of migrants’ human rights beyond the shores of Europe. The European Convention of Human Rights is singled out as the most promising system for doing so. Thirdly, analysing the role of the two major European Courts in extending human rights protection extraterritorially, it further outlines the prospects and limits of such an approach. The importance of the Court...

This research report examines the experience of using the Traffic Penalty Tribunal's online case management system, Portal. The research uses a survey methodology to test the experience and views on fairness of TPT hearings using the online, telephone and in person hearings at the TPT.

To possess a nationality is essential to every human existence and should not be overlooked or disregarded but treated with the utmost seriousness. This study explores the disadvantages of not having a nationality and the perilous effect of gender inequality in nationality laws, which leads to statelessness for children born out of wedlock. Many academic researchers and policy-oriented studies have investigated the condition of statelessness since its emergence, including United Nations institutions. This study comments on the weaknesses and lapses of certain major international instruments and the interpretation and application of these international instruments on nationality and statelessness. In addition to evaluating what has been done to combat statelessness, it also reflects on what needs to be done and the strict adherence to the principle of non-discrimination by nations, organizations, and individuals.

To possess a nationality is essential to every human existence and should not be overlooked or disregarded but treated with the utmost seriousness. This study explores the disadvantages of not having a nationality and the perilous effect of gender inequality in nationality laws, which leads to statelessness for children born out of wedlock. Many academic researchers and policy-oriented studies have investigated the condition of statelessness since its emergence, including United Nations institutions. This study comments on the weaknesses and lapses of certain major international instruments and the interpretation and application of these international instruments on nationality and statelessness. In addition to evaluating what has been done to combat statelessness, it also reflects on what needs to be done and the strict adherence to the principle of non-discrimination by nations, organizations, and individuals.

National responsibility is fundamental to ensuring an effective approach to internal displacement. The simple fact that internally displaced persons (IDPs) remain within the borders of their country means that it is their own government that bears primary responsibility for protecting and assisting them and for safeguarding populations from arbitrary displacement in the first place. The central role of national authorities in addressing internal displacement has been affirmed in international law, in UN General Assembly and UN Human Rights Council resolutions, in the Guiding Principles on Internal Displacement, in regional legal instruments such as the African Union Convention on the Protection and Assistance of Internally Displaced Persons, and in many national laws and policies. Indeed, governments regularly insist that it is their responsibility to protect and assist those displaced within their countries' borders. Moreover, the concept of "sovereignty as responsibility" was the foundation for the development of the concept of "Responsibility to Protect, " which also places strong emphasis, first and foremost, on the role of national governments in protecting their own populations. The question of what it means for a government to exercise its responsibility for IDPs is a relevant and timely one. This study is based on a publication developed in 2005 by the Brookings-Bern Project on Internal Displacement: Addressing Internal Displacement: A Framework for National Responsibility, which suggests twelve benchmarks for governments to use as a guide to develop effective national policies for preventing, responding to and resolving internal displacement situations. This framework, developed by Erin Mooney, one of the coauthors of this study, has been widely used by governments, international organizations, nongovernmental organizations and civil society groups to encourage governments to develop appropriate laws, policies and institutional responses regarding IDPs and to monitor their actual response. This study goes beyond simply recommending steps that governments should take to protect and assist IDPs by examining whether they are doing so in practice. It uses the Framework as a tool for assessing the extent to which fifteen governments in countries experiencing large-scale internal displacement are exercising their national responsibility along each of the twelve benchmarks. The detailed research indicates the ways in which governments have-and have not-exercised the responsibility entrusted to them by international law and the international community and thereby seeks to strengthen governments' accountability to IDPs. This is an important study that will be helpful to me in carrying out my mandate to support the efforts of governments to protect and assist those displaced within their borders. The study should also be of interest to governments of countries with large numbers of IDPs or of those in which displacement is a risk. Governments can see how other governments have dealt with similar challenges, such as preventing displacement, collecting data on IDPs or supporting durable solutions. Civil society groups, UN agencies, human rights organizations, humanitarian actors and donor governments can use this study as a tool to help governments to do the right thing for IDPs. I hope that this report is widely read, discussed, and acted upon. Chaloka Beyani United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons North Darfur, Sudan/ Internally displaced persons (IDPs) settled in Dali camp, next to Tawilla, farm the lands rented by local owners for the rainy season. Most of these IDPs came to Tawilla fleeing the clashes in Shangle Tubaya at the beginning of 2011. Photo: Albert Gonzalez Farran-UNAMID / August 2011 ix ACKNOWLEDGMENTS G iven the large number of countries in this study, the range of issues assessed and the nature of data collection, tracking down data to enable analysis of national responses to internal displacement was a labor-intensive process. The initial stage of data collection and analysis for the fifteen countries surveyed was undertaken by a team comprising

Pakistan, a country with a rich cultural tapestry, has undergone significant legal transformations over the decades. One of the most notable shifts has been the process of Islamization, a journey that has left an indelible mark on the nation's legal landscape. The Islamization of Pakistan's laws unfolds as a complex historical narrative, where the interplay of tradition and modernity has sculpted the nation's legal identity. This paper delves into the historical evolution of Islamization in Pakistan's laws, exploring its origins, key milestones, and its impact on the country's legal framework.

This paper examines the role of cultural evidence submitted by anthropologists and social scientists to assist individuals seeking asylum in the United Kingdom. Expert evidence is an essential element in the way that Immigration Judges decide asylum claims. The paper begins by looking at the role of experts and the limits of scientific evidence in the legal process. I t set out the context in which expert evidence features in the First-Tier Tribunal of United Kingdom’s Immigration and Asylum Chamber (IAC). I then show how Immigration Judges in the Upper Tribunal of the IAC assess expert evidence in ‘country guidance’ cases decided between 2015 and 2019. Analysis reveals that experts submit a range of different types of evidence, that judges problematically assess this evidence and that there are serious defects in the judicial process. I conclude by suggesting ways to mediate between the very different roles, perceptions and training of experts, lawyers and judges.

Crime in its essence is a sinister phenomenon that brings problems to human society and especially the crime of adultery. Which destroys the foundation of the family and destroys its basis Therefore, adultery is forbidden to preserve the lineage. The easiest way to fight against this sinister phenomenon is to pervert it and to fight against it through social factors and keep human society clean.

This paper will help you understand how in the contemporary world, the concern of the incoming refugees in different nations is still very relevant and significant. Not only that, but the main concern is to inform the public about the concern raised. Public awareness of the difficulties environmental refugees encounter may be limited due to a lack of understanding of the issue. To get support for legislation and activities to safeguard environmental refugees, it is essential to raise awareness of the issue.

This study was done as part of a project entitled  ‘Build an Effective Trafficking in Persons Data and Information Collection and Reporting System in Sri Lanka’ (2017-2021) with support from the United States Department of State. The project feeds into the ongoing work of the National Anti Human Trafficking Task Force (NAHTTF) under the Ministry of Justice (MOJ) of the Government of Sri Lanka.  The SOP was launched in 2015 under the guidance of the NAHTTF and it reflects the initiatives of the government of Sri Lanka to combat human trafficking and to strengthen domestic laws in this regard. It is now four years since the SOP was launched and this review is being undertaken to firstly, evaluate the role of the NAHTTF, and secondly, to assess the implementation of the SOP including the way it has been operationalized, to understand the challenges as well as the best practices in doing so, and to make appropriate recommendations, where necessary and appropriate, to enhance its effectiveness.

There are several ways through which a person can become a citizen of a state. A person while becoming a citizen of a particular state must fulfil certain conditions before acquiring such a position. The same conditions have also been mentioned in the citizenship laws of Pakistan but there is a discrimination on the basis of gender. While the 1973 Constitution of the Islamic Republic of Pakistan has made it clear in its article 25 that there should be no discrimination on the basis of gender, this research examines the citizenship laws of Pakistan in this perspective. As there are refugees such as Afghans refugees etc, and other foreigners are living, who are married to Pakistani national females and are facing this issue, therefore an endure has been made to find some solution within the existing laws. Here in this research the primary laws, various case laws as well as other scholarly written research articles have been examined.

The period of ten year stipulated in Article 1845 of the Civil Code is widely accepted as a General Period of Limitation (GPoL) and is often applied to all civil claims irrespective of the origin and nature of obligations unless a special period of limitation has been fixed by law. However, due to the absence of a clear rule regarding the dimension and scope of its application, the general applicability of Article 1845 has been contested on different occasions. Thus, this article examines the issue of whether the period of ten year is appropriate for all civil claims or not while assessing the instances where such GPoL could be disregarded by the discretion of the court under the guidance of certain considerations. Accordingly, it canvasses the issue of whether the court should always apply the ten year GPoL by the mere fact that the law provides neither a special period of limitation nor exclusionary rule, or ought there be a little room where the court may apply some other period ...

Constitutionally based democratic system of representative government only works when the worth of honest ballots is not diluted by invalid ballots procured by illegal means. When the election process is corrupted, democracy is jeopardized. This underscores the need to accord enforcement priority and effective prosecution of corruption of the election process. Electoral crime is more grievous and affects the society more than ordinary crime. The victim of an assault is the person assaulted. It may have only a collateral and remote effect on the society. But an act or omission or violence on a person or group of persons with intention to stop them from exercising their electoral rights discourages people from participating in the electoral process. This may lead to apathy towards elections and emergence of the wrong persons as the custodian and managers of the commonwealth. Since the commission of electoral offence has multiple effects; both on the direct victims who may lose their lives or become permanently incapacitated or erosion or demeaning of the corporate political rights, the Electoral Act should not merely provide against it but provide more penal sanctions than the provisions under ordinary statutes. A distinct and bespoken court or commission should also be established to determine cases of electoral crimes.

The systematic lack of accountability for migrant rights violations occurring in the context of migration control and other deterrence measures has been contested in theory and practice. While the scholarship has explored various accountability venues above and beyond international refugee law and within specialised regimes, new litigation strategies have accountability across multiple judicial and quasi-judicial fora at national and international levels. Against the background of this multilevel litigation strategy, international criminal law has emerged as a new site for accountability for violence against migrants at the borders of Europe. Starting from the Libyan case study, this article will examine the potential of international criminal law in the struggle for accountability for migrant rights violations. It will discuss whether and how qualifying migrant rights violations as crimes against humanity can illuminate certain aspects of violence against migrants at the borders of Europe while concretely challenging and addressing contemporary contactless forms of migration deterrence.

Stateless nationality (statelessness) means a state in which a natural person is not considered its people by the laws of any state, or it means that the natural person does not belong to any state. Stateless people face many obstacles and serious threats to the protection of international law because they do not have the nationality of any country. The purpose is to investigate the legal status of a stateless person and the regulation of this issue by international law and its prevalence in the world. An in-depth analysis of the current situation of stateless people in the world and the theoretical basis of their protection will help to strengthen the protection of stateless people and reduce their status of stateless people. Therefore, it is necessary to study the protection of stateless states so that respect for individuals and their fundamental human rights can be fully demonstrated. The signing of new multilateral international treaties is also an effective way to further redu...

To possess a nationality is essential to every human existence and should not be overlooked or disregarded but treated with the utmost seriousness. This study explores the disadvantages of not having a nationality and the perilous effect of gender inequality in nationality laws, which leads to statelessness for children born out of wedlock. Many academic researchers and policy-oriented studies have investigated the condition of statelessness since its emergence, including United Nations institutions. This study comments on the weaknesses and lapses of certain major international instruments and the interpretation and application of these international instruments on nationality and statelessness. In addition to evaluating what has been done to combat statelessness, it also reflects on what needs to be done and the strict adherence to the principle of non-discrimination by nations, organizations, and individuals.

The argument of this paper is that the two main principles of nationality law used by nation states are not designed to handle the possible scenario of states sinking due to climate change. With the consequence of its habitants having to seek haven elsewhere, the focus is to illustrate how the application of the principles ius soli and ius sanguinis stand in relation to the universal human right to a nationality in the event of a state becoming uninhabitable and/or physically extinct. The aim is to highlight the flaws inherent in the reading of the principles due to a neglect both of the complex intertwining of the nation states and human rights and due to an understanding of territory as spatially relative. Such aim originates from the notion that the international legal order ought to become more well-adapted to the climate changes ahead for the universal legal rights to remain purposive. Since the principles are established as customary law within the international community, a number of case studies such as the Bikini Atoll and the Swedish Alien Act are presented in order to describe their practical (in)applicability. Inevitably, when discussing potential future scenarios the examination also has to entail a degree of hypothetical reasoning. Such reasoning will here find its bearings in the underlying impetuses of the principles and the concepts permeating them. Theoretically, this paper is inspired by post-structural reasoning arguing that the current interpretation of the two principles are imbued with an implicit understanding of nation states as physically omnipresent and independent of their habitants. The paper contends that such unreflexive Westphalian interpretation and application of nationality law principles risks leading to climatic statelessness and unavoidable violations of rights claimed to be universal. This leads to the conclusion that international law and the understanding of its subjects, simply put, needs to become more environmentally sustainable and reconstructed to fit a world which is physically changing.

Constitutionally based democratic system of representative government only works when the worth of honest ballots is not diluted by invalid ballots procured by illegal means. When the election process is corrupted, democracy is jeopardized. This underscores the need to accord enforcement priority and effective prosecution of corruption of the election process. Electoral crime is more grievous and affects the society more than ordinary crime. The victim of an assault is the person assaulted. It may have only a collateral and remote effect on the society. But an act or omission or violence on a person or group of persons with intention to stop them from exercising their electoral rights discourages people from participating in the electoral process. This may lead to apathy towards elections and emergence of the wrong persons as the custodian and managers of the commonwealth. Since the commission of electoral offence has multiple effects; both on the direct victims who may lose their lives or become permanently incapacitated or erosion or demeaning of the corporate political rights, the Electoral Act should not merely provide against it but provide more penal sanctions than the provisions under ordinary statutes. A distinct and bespoken court or commission should also be established to determine cases of electoral crimes.

Citizenship by descent or "jus sanguinis" is the form of citizenship which is acquired by virtue of the relationship of blood with either or both the parents of the child. Nepal recognizes citizenship by descent as a right of individuals as opposed to naturalized citizenship which entirely depends on the discretion of the state, thereby making it imperative for the state to create liberal legal provisions that adhere to the international human rights standards. Though there are clear legal provisions regarding citizenship by descent, aided by decisions of the Supreme Court, individuals are still denied the certificate thus restricting them from exercising basic rights that are only granted to nationals. My article will analyse whether such persons fall under the category of stateless persons pursuant to the 1954 Convention Relating to the Status of Stateless Persons.

Almost 40 years ago, the Supreme Court, in the landmark case Goldberg v. Kelly (1970), provided welfare participants with a potentially potent tool for challenging the government welfare bureaucracy by requiring pre-termination hearings before welfare benefits were discontinued or reduced. In 1996, with the passage of the Personal Responsibility Work Opportunity Reconciliation Act (PRWORA), the rights talk of Kelly was officially replaced with the discourse of individual responsibility. Using observational data of administrative hearings and interviews with administrative law judges and appellants, this study explores how fair hearings have been affected by this official reconceptualization of rights. I find that hearings are not a panacea for challenging the more punitive aspects of welfare reform, but nor are they devoid of the possibility of justice. While hearings can replicate in style and substance the inequities, rigid adherence to rules, and moral judgments that characterize welfare relationships under the PRWORA, they can also be used as a mechanism for creating counternarratives to the dominant discourse about welfare. This study identifies two types of judgesFmoralist judges and reformer judgesFand examines how their differing approaches determine which narrative emerges in the hearing room. Al most 40 years ago, the Supreme Court, in the landmark case Goldberg v. Kelly (1970), provided welfare participants with a potentially potent tool for challenging the government welfare bureaucracy. By requiring pre-termination hearings before welfare benefits were discontinued or reduced, the Court gave recipients a more meaningful opportunity to be heard and to participate in the institutions of government. The Court also brought participants into the fold of citizenship, framing welfare as a right, not a privilege, and proclaiming that ''welfare, by meeting the basic demands of subsistence, can help bring within the reach of the poor the same opportunities that are available to others to participate meaningfully in the life of the community'' (Goldberg v. Kelly 1970:265).

A significant form of civil justice is administrative hearings, used to resolve individual disputes in the provision of government welfare benefits. Drawing from ethnographic observations, analysis of recorded transcripts of the hearings, and interviews with administrative law judges in the United States, we examine two contrasting approaches to judging, one a`bureaucratic' approach which replicates the style of decision-making on the front lines, and the other an`adjudicatory' approach which relies on the norms and conventions of judicial decision making. To understand how each approach manifests in the hearing room, we use the methodology of conversation analysis to compare and contrast the different verbal strategies and techniques that characterize each approach. To understand why a judge may choose one approach over another we explore how judges construct their professional identity and manage the tasks of judging.

This term paper seeks to examine cross-examination within Pakistani legal practice with particular attention paid to methodologies and daily practices. Cross-examination plays a central role in an adversarial legal system and this article delves into its importance and the constitutional and legal framework regulating its usage in Pakistan. This paper investigates the role of legal professionals in conducting effective cross-examination, emphasizing preparation and strategic approach as prerequisites. Furthermore, cultural sensitivity must also be taken into consideration during this process and its challenges must also be recognized by legal entities involved. This study addresses recent legal developments in Pakistan, such as the Supreme Court's decision to allow Meesha Shafi's cross-examination via video link by using videoconferencing technology. It explores their effect on administration of justice, evidentiary procedures, rights of accused, rights for witnesses etc. It offers valuable insights into evolving cross-examination in Pakistan's legal system by researching all these factors comprehensively

This paper presents an analysis of how online media narratives shaped national identity cards system strategies. The case of Malawi was analysed as an example of an African country that recently implemented a national identity cards system. The study used Narratives Theory to analyse how narratives presented in government policies, legal documents, and online media reports influenced the implementation of the national identity cards system. The results showed that the events involving illegal immigrants, child trafficking, access to public health services, and challenges with voter registration influenced the implementation of the national identity cards system. Contextual conditions, including lack of financial resources, porous borders, culture, no-fee services in public health facilities, and the absence of a computerised identification system gave rise to the events. Lack of financial resources and focus on other government priorities delayed the
implementation of national identity cards systems. The study contributed towards literature on national identity cards systems in the context of Africa.

Resumo: Com o processo de globalização, privatizações, expansão do comércio internacional e de fluxos de capitais, o Brasil desponta no cenário internacional, desde o segundo quinquênio da década de 1990, como um dos melhores países para investimentos. As justificativas são inúmeras: ambiente macroeconômico estável, perspectiva de crescimento econômico, 190 milhões de habitantes ávidos de consumo, autossuficiência em energia elétrica, abundância de naturais, estabilidade política e exemplo para toda a América Latina. Neste artigo analisa-se o volume, a origem e o destino dos investimentos (pessoa física) feitos por estrangeiros no Brasil e se descreve o perfil do imigrante por nacionalidade, autorizações concedidas para trabalho (temporário e permanente), grupos de ocupação, escolaridade e destino migratório. De acordo com as informações da Coordenação Geral de Imigração (CGIg) do Ministério do Trabalho e Emprego (MTE), o investimento externo, a par das autorizações concedidas a estrangeiros para trabalho e aplicações financeiras individuais tem aumentado no país. Entre 2008 e 2009, os maiores volumes de aplicações realizadas no Brasil, concentraram-se nos estados de São Paulo, Bahia, Ceará, Rio Grande do Norte e Rio de Janeiro todas elas oriundas dos seguintes países: Itália, Espanha, Portugal, EUA e China. Quanto ao perfil do imigrante, os pedidos de visto para trabalho foram concedidos, entre 2005 e 2009, em sua maior parte a São Paulo e ao Rio de Janeiro, para cargos em embarcação de turismo e trabalho a bordo ou plataforma estrangeira, respectivamente. No caso das três UFs do Nordeste, o visto para investidor individual é o mais solicitado. Os que chegam a São Paulo e ao Rio de Janeiro normalmente procedem dos EUA, Reino Unido e Filipinas; nos estados do Nordeste, a procedência é italiana, portuguesa ou espanhola, com nível superior completo.

Por una iniciativa del ACNUR, el Instituto de Políticas Públicas en Derechos Humanos del Mercosur y el Centro de Derechos Humanos de la UNLa, numerosos especialistas de los países del cono sur, presentan sus análisis, propuestas y normativas sobre la protección de los derechos humanos y la protección de las personas refugiadas

In 1985, El Hinnawi identified a new class of persons, called as Environmental Refugees. He defined them to be those who have been forced to leave their traditional habitat, temporarily or permanently, because of a marked environmental disruption that jeopardized their existence, and/or seriously affected the quality of their life. It is estimated that there are currently about 10 million environmental refugees world over. The concept of environmental refugees is a relatively new phenomenon. Environmental refugees are essentially people who can no longer gain a secure livelihood in their homelands because of drought, soil erosion, desertification, deforestation and other environmental problems, together with associated problems of population pressures and profound poverty. In their desperation, these people feel they have no alternative but to seek sanctuary elsewhere, however hazardous the attempt. Not all of them have fled their countries, many being internally displaced. But all ...

The recent report, The Eflectiveness of Representation at Tribunals,' of a research project commissioned by the Lord Chancellor's Department, is of interest for several reasons. First, in providing up to date information on the operation of the tribunal system it may influence debate on a number of issues, of which the effectiveness of representation is only one. Second, since the research was research commissioned by a government department, it is even possible that it might have some effect on government policy in the foreseeable future. Third, it will add fuel to the debate over the extension of legal aid to tribunals, and other methods of providing representation from public funds, such as the greater use of lay representation.

Se propone aquí observar a través de un supuesto hipotético el alcance de los Derechos Económicos, Sociales y Culturales, y particularmente las obligaciones de un Estado que ha adherido a numerosos instrumentos internacionales que contienen normas específicas ...

Declaration ii Acknowledgements iii Dedication iv Acronyms v Summary vii CHAPTER ONE: INTRODUCTION 1 1.1 Thesis statement 1.2 Description of problem 1.3 Assumptions 1.4 Research questions 1.5 Background 1.5.1 Current legal position CHAPTER 2: FRAMING AFRICAN (DIS) PLACEMENT 2.1 Introduction 2.2 Evolution of forced displacement in Africa 2.3 The conceptualization of forced displacement in Africa 2.3.1 External displacement (refugees) 2.3.2 Internal Displacement IDPs and Internal displacement as terms 2.3.3 The IDP category and its consequences 2.3.3.1 The IDP category and African indigenous migration patterns 2.4 Dynamics and patterns of forced displacement in Africa 2.4.1 Disasters 2.4.2 Development induced displacement 2.4.3 Situations of generalized violence falling short of armed conflict 2.4.4 Conflict related displacement 2.4.4.1 Conflict related displacement and some underlying causes in Africa (a)Formation or sustaining the Nation ‗State' (b)Failure to (re) negotiate national and ethnic identities 2.5. Responding to internal displacement: To contain or protect? 2.5.1 Theoretical responses 2.