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Junk Science? Four Arguments Against The Radiological Age Assessment Of Unaccompanied Minors Seeking Asylum, Gregor Noll
Junk Science? Four Arguments Against The Radiological Age Assessment Of Unaccompanied Minors Seeking Asylum, Gregor Noll
Gregor Noll
Should radiological age assessment at all be considered as a means to alleviate the doubts of a decision taker in the asylum procedure? In this text, I ask, first, whether the use of radiological imaging methods in the age assessment of unaccompanied adolescents seeking asylum are in compliance with internal norms of the forensic science community and find that they are not. Second, I consider whether their use is scientifically authoritative according to the current state of the art in forensic medicine and traumatology. I find that they are not. Third, I pursue they question whether their use is sufficiently …
Yttrande Rörande Socialstyrelsens Kunskapsöversikt Om Fc, Gregor Noll
Yttrande Rörande Socialstyrelsens Kunskapsöversikt Om Fc, Gregor Noll
Gregor Noll
No abstract provided.
International Criminal Justice, The Gotovina Judgment And The Making Of Refugees, Gregor Noll, Rosemary Byrne
International Criminal Justice, The Gotovina Judgment And The Making Of Refugees, Gregor Noll, Rosemary Byrne
Gregor Noll
In this paper, we shall present two interlocking arguments, both drawing on a distinction between formal and substantive models of justice. In a first step, we depart from the accepted presumptions about the formal delivery of international criminal justice and its capacities to deliver peace and security, to consider how alternative views on the legitimacy of international criminal tribunals and retributive justice present some far more unsettling perspectives about the performance and promise of these nascent courts. If these issues are taken seriously, then one should reconsider whether international trials are able to deliver the broader forms of substantive justice …
Why Human Rights Fail To Protect Undocumented Migrants, Gregor Noll
Why Human Rights Fail To Protect Undocumented Migrants, Gregor Noll
Gregor Noll
In this article, I depart from the factual difficulties of undocumented migrants to access a state’s protection mechanisms for avowedly universal human rights. I relate this aporia to two competing conceptions of territorial jurisdictions. Drawing on the Convention on the Rights of the Child and the Migrant Workers Convention, I separate the sphere of the political community (the polis) and that of the household (the oikos) in developing a political theory of undocumented migration. It rests two central tenets: one is a tributary transaction between sending state and host state, in the course of which the undocumented migrant worker is …
The Asylum System, Migrant Networks And The Informal Labour Market, Gregor Noll
The Asylum System, Migrant Networks And The Informal Labour Market, Gregor Noll
Gregor Noll
Governments attempting to regulate labour markets and control immigration are confronted with difficult questions. In the past, there was general agreement that the asylum system should not be exploited as a side entrance to the labour market. The two systems—asylum and labour market—were to be planned and maintained separately. But if migration is a prerequisite for asylum, does not increasingly stiffer migration control block escape for those under persecution? Prices for smuggling go up, and smugglers seek new routes, yet irregular migration continues, and the informal labour market flourishes. Here we must ask an irreverent question: is there any point …
The Insecurity Of Trafficking In International Law, Gregor Noll
The Insecurity Of Trafficking In International Law, Gregor Noll
Gregor Noll
The present chapter inquires into to the definition of trafficking in the 2000 Trafficking Protocol. The concept of trafficking seems to offer a self-evident point of departure to broach inequality and migration in the international domain. It emphasises the inequality between trafficker and the trafficked person, and States task themselves to side with the latter - and weaker - party in that relationship. Other dimensions of inequality, as that between migrants and States, are removed from the limelight of trafficking language. Trafficking of human beings is distinct from human smuggling: while trafficking is about non-consensual and exploitative relations between the …