Human dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of domestic servitude, the LGB community and indigenous peoples.
Persons with disabilities often face persecution. How does the 1951 Refugee Convention apply to them? In this first comprehensive study on the refugee definition for persons with disabilities, Stephanie Motz proposes a disability-specific approach to refugee status. The book provides a critical analysis of case law on refugee status determination focusing on four selected jurisdictions. Each chapter examines a different element of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities as well as international refugee law standards.

This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
Humanitarianism: Keywords is a comprehensive dictionary designed as a compass for navigating the conceptual universe of humanitarianism. It is an intuitive toolkit to map contemporary humanitarianism and to explore its current and future articulations. The dictionary serves a broad readership of practitioners, students, and researchers by providing informed access to the extensive humanitarian vocabulary.
A Multidisciplinary and Multi-Sited Study on the Role of Religious Belongings in Migratory and Integration Processes
Editor: Laura Zanfrini
Despite the worldwide dramatic spread of religious-based discriminations, persecutions, and conflicts, both official data and academic literature have underestimated their role as a root cause of contemporary migrations. This multidisciplinary study aims to overcome this gap.
Through an unprecedented collection of theoretical analysis and original empirical evidence, the book provides unique data and insights on the role of religion in the trajectories of asylum seekers and migrants – from the analysis of the religious geography of sending countries to the role of spirituality as a factor of resilience and adaptation.
By enhancing both academic and political debate on these issues, the book offers the possibility of regaining awareness of the close link between religious freedom and the quality of democracy.

Contributors include: Paolo Gomarasca, Monica Martinelli, Monica Spatti, Andrea Santini, Andrea Plebani, Paolo Maggiolini, Riccardo Redaelli, Alessia Melcangi, Giancarlo Rovati, Annavittoria Sarli, Giulia Mezzetti, Lucia Boccacin, Linda Lombi, Donatella Bramanti, Stefania Meda, Giovanna Rossi, Beatrice Nicolini, Cristina Giuliani, Camillo Regalia, Giovanni Giulio Valtolina, Paola Barachetti, Maddalena Colombo, Rosangela Lodigiani, Mariagrazia Santagati, Fabio Baggio, Vera Lomazzi, Paolo Bonetti, Laura Zanfrini, Mario Antonelli, Luca Bressan, Alessandro Bergamaschi, Catherine Blaya, Núria Llevot-Calvet, Olga Bernad-Cavero, and Jordi Garreta-Bochaca.
Editor: James C. Simeon
Terrorism and Asylum, edited by James C. Simeon, explores terrorism and asylum in all its interrelated and variable aspects, and permutations. The critical role terrorism plays as a driver in forced displacement, within the context of protracted armed conflict and extreme political violence, is analyzed. Exclusion from refugee protection for the alleged commission of terrorist activities is thoroughly interrogated. Populist politicians’ blatant use of the “fear of terrorism” to further their public policy security agenda and to limit access to refugee protection is scrutinized. The principal issues and concerns regarding terrorism and asylum and how these might be addressed, in the public interest while, at the same time, protecting and advancing the human rights and dignity of everyone are offered.
The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific.

This Yearbook covers the period 1 January 2018 to 31 December 2018.
In: New Zealand Yearbook of International Law
In: New Zealand Yearbook of International Law
In: New Zealand Yearbook of International Law
Author: Umair Ghori

Abstract

Export controls have received little attention in international trade law. Considering recent decisions in trade disputes involving Chinese control of exports, the area has received renewed interest. This article explores the effect of export controls and their connection with indirect expropriation, especially where export controls are imposed by host states to alleviate shortages. Such controls may prevent a foreign investor from earning revenue through resource exports. The article posits that, in certain situations, export controls can be deemed expropriatory and, therefore, in the settlement of investment disputes between host states and foreign investor, the interpretation of General Agreement on Tariffs and Trade (“gatt”)/World Trade Organization (“wto”) jurisprudence on the area may play a useful role because of the ad hoc nature of investor-state dispute settlement (“isds”) arbitration and due to the lack of precedent in international investment law. However, this role can at best be an initial point, and that space must be reserved for international investment jurisprudence to develop more organically.

In: New Zealand Yearbook of International Law