Cover

Half-title

Title

Copyright

Contents

About the editors

About the contributors

Preface

Acknowledgements

Part I: Human security, human rights and human dignity

1: Humanising non-citizens: the convergence of human rights and human security

I. Introduction

II. Citizenship and sovereignty

III. Theoretical background to security studies

Realism and neo-realism

Liberalism

Constructivism

Feminism

Critical Security Studies

IV. Transition in security discourse

V. Security discourse and non-citizens

VI. The human security framework

A. Development of human security discourse

B. The meaning of human security: its breadth and scope

1. What is secured (definitions of insecurity)

2. Objects of security

3. Security providers

VII. Rights protection and non-citizens

VIII. Human security and non-citizens: what it could mean

A. People-centred – humanising non-citizens

B. The language of security

C. Multilateralism, international cooperation and interdependence

D. Prevention and responsibility

E. Protection and empowerment strategies

F. Convergence of human rights, human development and human security

IX. Conclusion

Part II: Physical and legal security, armed conflict and refuge

2: The value of the human security framework in addressing statelessness

I. Introduction

II. The human dimension of statelessness

III. Addressing statelessness through the specialised rules set out in the 1954 and 1961 Conventions

IV. Addressing statelessness through human rights law

V. Addressing statelessness through the human security framework

VI. Concluding observations

3: Protection and empowerment: strategies to strengthen refugees' human security

I. Introduction

II. The international framework for the protection of refugees

III. Post-Cold War changes and forced displacement

IV. Gaps in the international refugee protection framework

V. The emergence of the human security concept and its relevance for refugees

VI. Strategies to enhance the human security of refugees

A. The strategy of protection

B. The strategy of empowerment

C. The rationale for focusing on specific groups

VII. Using these strategies to strengthen peace and security, development and human rights in refugee situations

A. Peace and security and human security

B. Development and human security

C. Human rights and human security

VIII. Human security and the responsibility to protect

IX. Conclusion

4: From here to where? Refugees living in protracted situations in Africa

I. Introduction

II. Defining 'protracted refugee situations'

III. Effects of confining refugees to camps: security concerns and lost opportunities

A. Encampment policies

B. Security concerns

1. Personal or human (in)security

2. Threats to national and international peace and security

C. Lost opportunities

1. Education and vocational training

2. Income generation

IV. Durable solutions

A. Voluntary repatriation

B. Local integration

C. Resettlement

V. Conclusion: working together to get somewhere

5: Once we were warriors: critical reflections on refugee and IDP militarisation and human security

I. Introduction

II. An emerging research agenda on refugee and IDP militarisation

III. What is refugee and IDP militarisation?

IV. Approaches to conceptualising refugee/IDP militarisation

A. Manipulating refugees and IDPs

B. Refugees as agents and victims of militarisation

C. Refugee militarisation and the humanitarian community

V. Conclusions

6: Human security and protection from refoulement in the maritime context

I. Introduction

II. The non-refoulement guarantee

A. An introduction to the principle of non-refoulement

B. The scope of the non-refoulement principle

1. Ratione personae

2. Ratione materiae

3. Ratione loci

4. Standard of proof

III. Rescue at sea: challenges to international protection

A. Rescue in the traditional context

B. The disembarkation problem

C. Recent amendments to the rescue instruments

IV. Interception at sea: challenges to international protection

A. Introduction to maritime interception

B. Protection risks in interception at sea

1. Identifying the state responsible for protection

2. Interception cloaked as rescue

V. Conclusion

Part III: Migration, development and environment

7: Empowering migrants: human security, human rights and policy

I. Introduction

II. Portrait of a twenty-first century migrant

III. The multifaceted nature of contemporary migration

IV. Policy responses to migration

A. Major international initiatives

B. Regional processes

C. The Commission on Human Security

A. Global governance of international migration

V. Looking beyond the state: other actors

VI. Hearing the migrant voice: the human rights and human security frameworks explained in the migration context

A. Human rights norms and migration

B. Human security framework

VII. Protecting migrants: human security versus human rights?

VIII. Conclusion: migration and empowerment

8: Labour migration management and the rights of migrant workers

I. Introduction

II. Legally binding standards: international and regional frameworks

A. Universal human rights standards

B. ILO standards

C. International Migrant Workers' Convention

D. Protection gaps

1. Other human rights mechanisms for protecting migrant workers

E. General Agreement on Trade in Services

F. Regional standards

III. Consultation and cooperation with reference to international labour migration and the protection of the rights of migrants

A. Consultation and cooperation in international agreements

B. Non-binding consultative and cooperation processes

1. Global level

1.1 Berne Initiative: International Agenda for Migration Management

1.2 IOM's International Dialogue on Migration

1.3 ILO's Multilateral Framework on Labour Migration

1.4 Global Forum on Migration and Development

1.5 UN Commission on Human Security and the Human Security Network

2. Regional level: regional consultative processes

IV. Force of law versus non-binding consultative and cooperation processes

V. Conclusion

9: Socio-economic rights, human security and survival migrants: Whose rights? Whose security?

1. Introduction

II. Survival migration and human security

A. Taxonomies of the survival migrant

B. What is human security?

C. Human security and the migration trajectory

D. Survival migrants as agents of human security

E. Survival migrants as agents of human insecurity?

III. Charting a 'rights and security' framework

A. Human rights and human security of survival migrants: opposing magnetic fields?

B. Competing rights, competing securities

1. States and migrants

2. Sovereignty, human rights and survival migration

3. The anti-discrimination norm and the survival migrant

4. Non-derogable human rights and human security

5. The economic rights of survival migrants

6. Survival migrants and the scope of human rights law

IV. From a right to die with dignity to a right to live with it

V. Re-imagining migration as a symbiotic relationship between communities

10: An insecure climate for human security? Climate-induced displacement and international law

I. Introduction

II. The risk of climate-induced displacement

A. Inuit

B. Carteret Islands

III. Legal gaps

A. International refugee law

B. Human rights law

1. Human rights law: standards of treatment

2. Human rights law as a basis for seeking protection in a third country

C. International environmental law

D. International humanitarian law

E. Institutional framework

IV. A human security approach?

A. Human security – environmental security

B. Advantages of a human security approach

C. Critiques of human security

D. Human security may undermine human rights

E. Gaps in human rights protection

V. A responsibility to protect?

VI. Conclusion

11: Human security and trafficking of human beings: the myth and the reality

I. Introduction

II. Human security and the legal regime on trafficking

A. Human security is concerned primarily with the individual rather than the state

B. Human security addresses threats to people's security that would not necessarily be regarded as threats to state security

C. Human security is concerned with the actions of non-state actors as well as those of the state

D. Human security involves not only protecting people but empowering them to fend for themselves

III. Conclusion

Part IV: National security and the ' war on terror'

12: A distinction with a legal difference: the consequences of non-citizenship in the 'war on terror'

I. Introduction

II. The patchwork quilt of rights for non-nationals

A. The concept of nationality in international law

1. Acquiring nationality

2. Losing nationality

B. Standards of treatment of non-nationals

1. Human rights

2. More specific guarantees

2.1 Non-discrimination

2.2 Other standards of minimum treatment

C. Extraterritorial standards of treatment for non-nationals

D. Conclusion

III. Militarised anti-terrorism and non-nationals

A. International humanitarian law as the lex specialis

B. Nationality-limited due process rights

C. Differential protections against coercive interrogation

1. The United States and coercive interrogation of non-nationals

2. Canada, torture and detainee transfers in Afghanistan

IV. Non-nationals, the campaign against terrorism and the immigration paradigm

A. Extraordinary renditions

B. Legal removals

1. Detention pending removal

2. Truncated due process in national security-related immigration proceedings

3. The moveable border and the extension of immigration doctrine to citizens

V. Conclusion

13: Immigration law enforcement after 9/11 and human rights

I. Introduction

II. Immigration law and policy as an anti-terrorism tool

A. Before 9/11

B. After 9/11

III. Selectivity in the enforcement

A. Before 9/11

B. After 9/11

IV. Conformity with the right to non-discrimination

A. Standard of review

B. Comparability

C. Objective and reasonable justification

1. Suitability and effectiveness

2. Negative effects

3. Result

V. Conclusion

14: Protection of non-citizens against removal under international human rights law

I. Introduction

II. Protection against removal of non-citizens

A. Protections against removal under other branches of international law and the need for comprehensive protection

B. Protection against removal under human rights law: general principles

C. Potential violations of rights posing an obstacle to removal

III. Key challenges to effective protection against removal in the context of the 'war on terror'

A. Challenges to the prohibition of removal to a risk of torture or ill-treatment

1. Maintaining the absolute nature of the prohibition

2. Limiting reliance on diplomatic assurances

3. Ensuring the effective application of the prohibition: assessment of the risk of ill-treatment

3.1 Criteria for assessing the existence of a risk of ill-treatment upon return

3.2 Standard and burden of proof of the risk of ill-treatment

B. Affirming the applicability of due process guarantees to removal proceedings

C. Expanding the scope of protection against removal

IV. Conclusion

15: The human security framework and counter-terrorism: examining the rhetoric relating to 'extraordinary renditions'

I. Introduction

II. Human security and counter-terrorism

III. Extraordinary renditions: a legitimate counter-terrorism strategy or a by-product of the securitisation of terrorism?

A. The 'legality' of extraordinary renditions

1. The characterisation of 'extraordinary rendition' as permissible conduct - a series of legal leaps

2. Obtaining crucial foreign support – exploiting gaps in legal and institutional frameworks

B. Remedies for extraordinary rendition – key problem areas

1. Who has done what? Multiple actors

2. Legal actions for redress

2.1 Legal actions in the US

2.2 Legal actions outside the United States

IV. Conclusions

16: Legal routes to restoring individual rights at Guantanamo Bay: the effectiveness of habeas corpus applications and efforts to obtain diplomatic protection

I. Introduction

II. Attempts to restore individual rights through the US courts

III. The responses of foreign states in the wake of a denial of individual rights to Guantanamo detainees

A. The appropriateness of diplomatic protection as a means of restoring the rights of certain individuals held at Guantanamo Bay

B. The case of the British national: Feroz Abbasi

1. Appropriateness of seeking a judicial review of the decision not to exercise diplomatic protection

2. The English Court of Appeal's decision in Mr Abbasi's case

C. The cases of the detainees with refugee and long-term residency status in the United Kingdom

1. The position of the Foreign Office Minister

2. The attempt to have the decision not to intervene judicially reviewed

IV. Conclusion

Index