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The immigration problem, which has been debated in the United States for over a century, is not likely to go away--least of all with the numbers of refugees and displaced and impoverished workers continuing to mount worldwide. The current bitterness and legislative stalemate over immigration policy are indications that new approaches to the issue need to be found. Removing himself from the specifics of the current congressional debate, Mark Gibney asks whether we are addressing the right questions and employing the correct criteria under our present admission practices. From a...

In a turnabout of the cynical belief that might makes right, nations now see fit to issue apologies to peoples and countries they have wronged. We live in an age that seeks to establish political truth, perhaps best exemplified by the creation of truth commissions in societies seeking to emerge from dictatorial pasts. The most noteworthy result of these efforts has been the near-universal realization that a society will not be able successfully to pass into the future until it somehow deals with the horrors of its past.

A number of Western states and institutions have sought to come...

There are two disparate components to the global refugee crisis: first, there are about 46 million refugees and Internally Displaced Persons (IDPs), most of whom are struggling to survive in the poorest and most violent countries in the world, and second, our interpretation of international human rights law allows this state of affairs to worsen.

Refugee protection has been a longstanding policy that ostensibly protects victims of human rights violations from other countries. In actuality, protection is largely negated by systematic efforts by industrialized states to reduce the number...

Immigration and refugee policies have traditionally been based on two assumptions: first, that national sovereignty implies absolute control of a country's borders and, second, that outsiders are to be admitted only when it serves the national interest. Moral or ethical concerns have not played a central role in policy formation anywhere in the world. This collection of essays challenges the traditional politically oriented position, analyzes the moral issues involved, and develops models for morally responsible immigration and refugee policies in a contemporary political setting. The...

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some...

Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights.

Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an...