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 Baracchetti, Maddalena Colombo, Rosangela Lodigiani, Mariagrazia Santagati, Fabio Baggio, Vera Lomazzi, Paolo Bonetti, 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
Author: James C. Fisher

Abstract

Commentators have tended to overlook the lack of legal rigour displayed by the icj decision in Whaling in the Antarctic out of enthusiasm for its substantive outcome, but political developments, such as Japan’s impending withdrawal from the International Whaling Commission, compel scholars to re-evaluate the decision from both legal and political perspectives. This article suggests that concern for the consequences of its decision led the icj to contort the application of formal law. On the best evidence available, it was predictable that doing so would further entrench the Japanese position. Whaling in the Antarctic therefore inhabits an unsustainable position between formalist and realist approaches to public international law; it is unprincipled in that it perforates the conceptual boundary between legal and non-legal reasoning, and is simultaneously ineffective, in that doing so failed to ameliorate Japanese state policy. While not suggesting that instrumentalist considerations should never influence formalist reasoning, this article argues that this must be done selectively and intelligently, balancing whatever immediate advantages this may offer against the countervailing harms of departing from positive law in hard cases.

In: New Zealand Yearbook of International Law