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Articles 1 - 7 of 7
Full-Text Articles in Law
Making Protection Unexceptional: A Reconceptualization Of The U.S. Asylum System, Denise Gilman
Making Protection Unexceptional: A Reconceptualization Of The U.S. Asylum System, Denise Gilman
Loyola University Chicago Law Journal
The United States treats asylum as exceptional, meaning that asylum is presumptively unavailable and is offered only in rare cases. This exceptionality conceit, combined with an exclusionary apparatus, creates a problematic cycle. The claims of asylum seekers arriving as part of wide-scale refugee flows are discounted, and restrictive policies are adopted to block these claims. When asylum claims nonetheless continue to mount, the United States asserts “crisis” and deploys new exclusionary measures. The problems created by the asylum system are not addressed but are instead deepened. This Article encourages a turn away from policies that have led down the same …
The Record High Of Forcibly Displaced Persons, International Law, And The Comparative Case Of Ukraine And Afghanistan: The Response To A War We Started Versus A War We Opposed, Erin Vance
Loyola University Chicago International Law Review
This Comment addresses the rules and customs of international law that govern forcibly displaced persons, and how such laws have created wide gaps that have allowed the issues and challenges surrounding forced migration to not only persist, but also become increasingly worse. Specifically, Article 14 of the Universal Declaration of Human Rights provides, "everyone has the right to seek and to enjoy in other countries asylum from persecution," but places no accompanying obligation upon States to grant asylum and refugee status to these forcibly displace persons. Rather, States are given significant discretion when interpreting and defining responsibilities under Article 14. …
Migration As Reparation: Climate Change And The Disruption Of Borders, Carmen G. Gonzalez
Migration As Reparation: Climate Change And The Disruption Of Borders, Carmen G. Gonzalez
Faculty Publications & Other Works
This article examines the legal and moral basis for migration as a form of reparation for the harms inflicted on the states and peoples of the Global South through climate change and through centuries of predatory economic policies. Using Central American migration to the United States as a case study, the article explains that susceptibility to climate change is a function of two variables: exposure and social and economic vulnerability. High-emitting affluent states are disproportionately responsible for Central America’s exposure to climate change due to their historic and current greenhouse gas emissions, their unwillingness to curb these emissions, and their …
Henry J. Richardson Iii: The Father Of Black Traditions Of International Law, James T. Gathii
Henry J. Richardson Iii: The Father Of Black Traditions Of International Law, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Reviews: The Hidden Genocide: Humanizing The Struggle Of The Muslim Rohingya Of Myanmar, Amie Bauer
Reviews: The Hidden Genocide: Humanizing The Struggle Of The Muslim Rohingya Of Myanmar, Amie Bauer
Children's Legal Rights Journal
No abstract provided.
Around The World: U.S. Efforts To Combat Sex Trafficking Of Minors, Laura Smith
Around The World: U.S. Efforts To Combat Sex Trafficking Of Minors, Laura Smith
Children's Legal Rights Journal
No abstract provided.