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Precarity and Belonging examines how the movement of people and their incorporation, marginalization, and exclusion, under epochal conditions of labor and social precarity affecting both citizens and noncitizens, have challenged older notions of citizenship and alienage. This collection brings mobility, precarity, and citizenship together in order to explore the points of contact and friction, and, thus, the spaces for a possible politics of commonality between citizens and noncitizens.The editors ask: What does modern citizenship mean in a world of citizens, denizens, and noncitizens, such as undocumented migrants, guest workers, permanent residents, refugees, detainees, and stateless people? How is the concept of citizenship, based on assumptions of deservingness, legality, and productivity, challenged when people of various and competing statuses and differential citizenship practices interact with each other, revealing their co-constitutive connections? How is citizenship valued or revalued when labor and social precarity impact those who seemingly have formal rights and those who seemingly or effectively do not? This book interrogates such binaries as citizen/noncitizen, insider/outsider, entitled/unentitled, \"legal\"/\"illegal,\" and deserving/undeserving in order to explore the fluidity--that is, the dynamism and malleability--of the spectra of belonging.    

In the 1990s, after the Iron Curtain fell, postcommunist states faced refugee inflows for the first time in recent history. This book is the first systematic comparative analysis explaining why similar postcommunist states vary in their receptivity to refugees.

Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating the disputes individuals have with government? This highly topical book examines how the idea of adjudicative quality works by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Integrating empirical research with legal analysis, the book provides an in-depth study of the development and operation of the tribunal system and of asylum decision-making. It examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. The book looks at the organization of the tribunal system, its procedures, the nature of fact-finding in asylum cases, and the operation of onward rights of challenge. It also looks at how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions. Filling a gap in this area of study, the book will be of value to all those interested in administrative law and asylum adjudication. This book is the First place winner of the Society of Legal Scholars Birks Prize for Outstanding Legal Scholarship 2011.

In Temporary Protection in Law and Practice, Meltem Ineli-Ciger provides guidance to states on how to implement a viable temporary protection regime in line with international law by analysing temporary protection laws and policies in Europe, Southeast Asia, Turkey and the United States.

Voluntary repatriation is now the predominant solution to refugee crises, yet the responsibilities states of origin bear towards their repatriating citizens are under-examined. Through a combination of legal and moral analysis, and case studies of the troubled repatriation movements to Guatemala, Bosnia and Mozambique, Megan Bradley develops and refines an original account of the minimum conditions of a 'just return' process. The goal of a just return process must be to recast a new relationship of rights and duties between the state and its returning citizens, and the conditions of just return match the core duties states should provide for all their citizens: equal, effective protection for security and basic human rights, including accountability for violations of these rights. This volume evaluates the ways in which different forms of redress such as restitution and compensation may help enable just returns, and traces the emergence and evolution of international norms on redress for refugees.

This book is a description of the process of constructing a productive Other for the purpose of being admitted to Canada as a Convention refugee. The whole claiming procedure is analyzed with respect to two actual cases, and contextualized by reference to pertinent national and international jurisprudence. Since legal analysis is deemed insufficient for a complete understanding of the argumentative and discursive strategies involved in the claiming and \"authoring\" processes, the author makes constant reference to methodologies from the realm of literary studies, discourse analysis and interaction theory, with special emphasis upon the works of Marc Angenot, M.M. Bakhtin, Pierre Bourdieu, Erving Goffman, Jürgen Habermas and Teun van Dijk. In so doing, he illustrates a reductive movement that inevitably occurs in legal argumentation which results in the displacement the subject from the realm of \"refugee claimant\" to that of claimant as \"diminished Other.\".

While the Naval base in Guantánamo Bay, Cuba is well-known for its infamous prison camp, few people are aware of its prior use as an immigrant detention center for Haitian and Cuban refugees. Beginning in August 1994, the United States government declared that thousands of Cubans who had launched themselves into the Florida Straits on rickety rafts were \"illegal refugees\" and sent them to join over fifteen thousand Haitians already being held on Guantánamo after fleeing a violent coup in Haiti. Escape to Miami recounts the gripping stories of the rafters who were detained in Guantánamo during the 1994-1996 Cuban Rafter Crisis. After working in the camps for a year as an employee of the U.S. Justice Department, Elizabeth Campisi conducted life history interviews with twelve of the rafters, chronicling their departures from Cuba, their rafting trips, life on the base, and their initial experiences in Cuban Miami. Through these remarkable narratives, the book details the ways in which the rafters used creative expression, such as performance and artwork, to cope with the traumas they experienced in the camp. Campisi explores these coping mechanisms, showing that, when people work through individually-traumatic experiences as a group, the new meanings they create during that process can come together to change existing cultures or create new ones. Vivid and engaging, Escape to Miami gives voice to the untold stories of Guantánamo. This book is a must-read for anyone interested in policy, Latin American history, and human rights.

The search for a just solution for the Palestinians.

In this first examination of Lenin's genealogical and political connections to East European Jews, Yohanan Petrovsky-Shtern reveals the broad cultural meanings of indisputable evidence that Lenin's maternal grandfather was a Jew. He examines why and how Lenin's Jewish relatives converted to Christianity, explains how Lenin's vision of Russian Marxism shaped his identity, and explores Lenin's treatment of party colleagues of Jewish origin and the Jewish Question in Europe. Petrovsky-Shtern also uncovers the continuous efforts of the Soviet communists to suppress Lenin's Jewishness and the no less persistent attempts of Russian extremists to portray Lenin as a Jew. In this fascinating book, Petrovsky-Shtern expands our understanding not only of Lenin, but also of Russian and Soviet handling of the Jewish Question.