Volume 21, Issue 1 (Winter 2017)

The five pieces in this Issue were written by the academics and practitioners who presented at the 2016 JILFA Symposium held on February 26, 2016. The Symposium examined the current worldwide migration crises, including the policy and legal implications of steps taken by governments and organizations in response to the influx of migrants. This Issue contains a selection of pieces based on this topic. Available at HeinOnline, Westlaw, and LexisNexis.

Reflections on the Worldwide Refugee “Crisis”, by T. Alexander Aleinikoff. 21 UCLA J. Int’l L. & Foreign Aff. 1.

Professor T. Alexander Aleinikoff, the keynote speaker at the 2016 Symposium, draws from his experience as the Deputy High Commissioner for Refugees at the United Nations to reflect on the worldwide migration crisis. From the more than four million Syrians that have fled their country to the boats with Bangladeshis and Myanmarese that have been left adrift on the Andaman Sea, Mr. Aleinikoff s speech acknowledges the significant variety of migration crises that have occurred and likely will continue to occur in the future. He then provides several reasons for why current migration trends have been characterized as “crises.”

Under the Canopy: Migration Governance in Southeast Asia, Jaya Ramji-Nogales. 21 UCLA J. Int’l L. & Foreign Aff. 10.

Professor Jaya Ramji-Nogales dives into Southeast Asia and explores the panoply of migration regimes under the canopy. She notes the gaps in governance frameworks when comparing these regimes as well as highlights the creative approaches used that can provide guidance to other regions. After laying out the relevant migration law on the international, regional, bilateral, and subnational levels, Professor Ramji-Nogales emphasizes the role of regional and national civil society actors in leveraging these laws to protect the interests of the migrants. She also explores the role of the state-based regional organizations. By exploring the roles of these organizations, Professor Ramji-Nogales argues that local populations can accord greater legitimacy to “under-the-canopy” approaches, while also serving as an effective way to improve the situation of migrants in Southeast Asia.

Refugees and the Primacy of European Human Rights Law, by Maryellen Fullerton. 21 UCLA J. Int’l L. & Foreign Aff. 45.

Professor Maryellen Fullerton explores the events leading up to the current refugee crisis in Europe. After presenting a survey of the relevant European Union asylum law and European human rights law governing this crisis, she analyzes how these laws have responded to the mass influx of refugees and individuals seeking asylum in Europe. Professor Fullerton then discusses the active role the European Court of Human Rights has played in addressing many of the problems that have arisen in the context of the refugee crisis. From her observations, she argues that the European Court of Human Rights has become the primary guarantor of refugee rights in Europe, overriding the European Union’s much vaunted asylum system.

Female Migration and Labor in Thailand: When Law and Society Continue to Exclude You, by Reena Arora. 21 UCLA J. Int’l L. & Foreign Aff. 70.

Ms. Reena Arora reflects on her experience working in Southeast Asia to shed light on the current hardships faced by Burmese migrant women working in Thailand. She discusses the Thai legal system and its failure to provide adequate protections to these women before examining broader and internationally recognized standards concerning legal protections for women migrant workers. While in some respects these standards have improved the lives of this vulnerable group, Ms. Arora provides many instances in which they have also harmed them. These standards have also contributed towards supporting organizing efforts to advocate for greater rights within the community of Burmese migrant women in Thailand.

“On Account of’ Private Violence: The Personal/Political Dichotomy of Asylum’s Nexus, by Linda Kelly. 21 UCLA J. Int’l L. & Foreign Aff. 98.

Professor Linda Kelly confronts the issues surrounding women and children fleeing their countries and seeking asylum to escape “private” or non- governmental violence committed by family and gang members. In petitioning for asylum in the United States, these women and children have to satisfy significant additional hurdles, particularly demonstrating that the violence against them was “on account of race, religion, nationality, membership in a particular social group or political opinion.” Breaking this requirement into parts, Professor Kelly sets out the current legal understanding of the different parts and explores the theoretical and political underpinnings of such interpretations. She also provides legal insights and practice tips for crafting successful “on account of’ claims for asylum lawyers pursuing this type of work.

Available at HeinOnline, Westlaw, and LexisNexis.

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