Between Human Trafficking and Illegal Migrants: In Search of an Effective Legal Protection for Fishermen Recruited Overseas Aboard Taiwanese Fishing Fleets
Concepts of human trafficking and contemporary forms of slavery are storming the notorious island of distant-water fisheries. Some foreign fishermen recruited overseas aboard Taiwanese fishing fleets have been reported as victims of exploitations. While a fiercer criminalization against the employers and human resources agencies is indeed necessary, there are nevertheless a considerable number of cases...
From migrant to commodities: international human rights protection and the growing privatisation of migration management
As the immigration debate tops policy makers‘ agendas, the classical migration patterns and policies are challenged by how globalisation has transformed boarders. States, especially western democracies, attempt to find new modes of governance. They do so, notably, by involving non-state actors such as NGOs, international organisations, and private companies in their migration management policies. The...
POLITICAL RIGHTS AND MIGRATION POLICIES: “Right to vote, and right to be voted“
This paper aims to contribute on debates about the legal regime of political rights in migration policies. The Brazilian constitutional system establishes that nationals from other countries have the right to vote and are eligible for the majority of office positions only if attended some criteria. Two of these criteria are: a) that foreigners be...
No vote= no voice? Political Rights of ‘Aliens‘ under the ECHR
Democracy is premised on the existence of a polity with members by whom (and for whom?) democratic discourse takes place. Hence, the ECtHR’s determination that democracy is the only ECHR-compatible system of governance does not in and of itself resolve the tension between, OTOH, limitations of participation in democratic self-governance, and, OTOH, demands of (universal)...
The procedural side of migration in the EU. Building up democratic (and economic) resiliency through administrative flexibility
In dealing with migration a new constitutional and administrative flexibility is needed. Even administrative procedures are re-invented, as to become humane, effective, adaptive, resilient environments. They are therefore tailored on a case-by-case basis (one size doesn‘t fit all), capable of being shortened or rather enlarged and extended beyond their traditional boundaries (i.e. according to a...