La legge sui rifugiati (Refugee Law – La Loi sur les Réfugiés)

loi réfugiés

Refugee law may be the world’s most powerful international human rights mechanism. Not  only do millions of people invoke its protections every year in countries spanning the globe, but they do so on the basis of a self-actuating mechanism of international law that, quite literally, allows at-risk persons to vote with their feet. This is because, as the United Nations High Commissioner for Refugees (“UNHCR”) has insisted, refugee status is not a status that  is granted by states; it is rather simply recognized by them: Continue reading

Metodologia del Diritto Internazionale (Ing. e Fr.)

Methodology seeks to define the means of acquiring scientific knowledge. There is no generally accepted definition of the methodology of international law. In this article it will be taken to comprise both its wider meaning of the methods used in the acquisition of a scientific knowledge of the international legal system and its narrower and more specialized meaning, the methods used to determine the existence of norms or rules of international law. Continue reading

L’universalismo rispettoso delle differenze culturali è raggiungibili?

Is universalism respectful of cultural differences attainable? It does not seem possible to ignore the need for normative justification (thus, moral theory) when we venture into the social and political critics arena. By their very nature, arguments that we must inevitably use in the moral sphere must be included in a wider theoretical framework in order to demonstrate that criticisms do not merely depend on circumstances, nor satisfy suspect ideological goals. Continue reading

I CONFINI DEL DIRITTO NELLA REALTÀ SOCIALE (ING. & FR.)

The bounds of law 1 – ‘Law’ is not omnipotent within the social field and everything happens, according to societies and times, in the infinite variety of inclusion and exclusion relationships with other normative systems. Next, the issue of the so called ‘science of Law’ appears in the current epistemological range that must combine with other sciences: this shows that Law does not have a position overlooking all other disciplines, but has relations of cooperation, competition and hostility, according to the disciplines and the moments, creating questionable bounds. The only possible posture might be that of a certain epistemology like Michel Foucault when trying to think of the emergence of human sciences in Western history. Continue reading

La posta in gioco dei diritti delle donne migranti nell’Unione europea. Schiavitù, prostituzione e traffico di donne. (Ing. & Fr.)

The Challenges of Framing Women Migrants’ Rights in the European Union

In all countries of the European Union domestic work performed by migrant women, often in an irregular legal status, is increasing. Many workers face poor living and exploitative working conditions. Over the last decades, migrant domestic workers and advocacy organizations have developed multi-level strategies to improve those living and working conditions. In the contribution different and sometimes contradicting strategies of how a European network of migrant domestic workers and other actors mobilize will be identified and analyzed. It will be argued that the resonance the network achieved in the European Union was ambivalent and encompassed unintended consequences : On the one hand it allowed structural access to EU policy makers but on the other hand it narrowed down the political opportunities due to a fusion of migration policies and security policies. Continue reading

Identità tribale e mondializzazione (ing. & fr.)

Tribal identity and globalization

Characteristic of a necessary stage in the development of human societies in evolutionary thought, the tribe is, in “classical” anthropology, an operating model  of “stateless societies”. In its broadest sense, it appears as an instrument for classification and  hierarchisation of societies and cultures. Like the ethnic group, the tribe presents identity features shared by the populations concerned. Decolonization and postmodernist deconstruction of these two notions have very clearly called into question ethnic classifications, but much less clearly the use of the term “tribe”. Reflecting the persistence of this identity referent – vigorously reaffirmed in recent decades – in the representations of the populations of a part of Africa and the Middle East, where the tribe is a name sharing reality – a local categorization, the Arabic qabīla for example – and nominative – used to identify individuals and groups, these names are perpetuated in a secular way. Continue reading

ONU : Monitorare il rispetto dei diritti umani associato agli acquisti fondiari su vasta scala. (Ing. & Fr.) Monitoring Human Rights Violations Associated with Large-Scale Land Acquisitions.

This chapter aims to contribute to the debate on contemporary ‘land grabbing’ and its impact on human rights. It describes the role played by United Nations (UN) human rights mechanisms in monitoring violations associated with large-scale land acquisitions (LSLAs), with a focus on UN treaty bodies. A typology of human rights violations associated with LSLAs is presented, on the basis of the assessment that UN treaty bodies have made in examining the impact of LSLAs in Cambodia, Indonesia, Laos, and Vietnam. Christophe Golay Continue reading