Search results for: immigration enforcement
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 583

Search results for: immigration enforcement

493 Edward Said and the Dislocation of the Exiled Self

Authors: Majed Alobudi

Abstract:

Edward Said is considered among the most prominent figures in postcolonial theoretical studies and his work has largely influenced critical discussion for many decades. And in the globalized world of today where immigration and dislocation are intense and thoroughly discussed, Said`s views on these issues seem more relevant than ever. This paper will endeavor to bring together Said`s theoretical texts and other writings on immigration and exile in parallel. The aim is to try to find a better understanding of Said`s theories on dislocation and exile theoretically and personally. The combination of these two strands of narrative will eventually shed more light on self location in postcolonial theories and further the understanding of Said's theories and personal life narratives. The paper propose the difficulty dislocation poses in counter colonial narratives such as those written by Said. As an exile, the mission of defining the self and the other becomes obscure when place becomes impossible or prohibited. The clear result becomes a self which proclaims rather than inhabits reality, a treat Said criticized in colonial representation. The self becomes trapped between the worlds of distant reality of dislocation and the estranged world of exile. The outcome would reveal a more weakened attempt at defining the self and countering the postcolonial narrative. The reason for such confusion and contradiction is directly connected to place and dis-location. To summarize, the paper proposes to examine and investigate the implications exile and dislocation have inflected on Said as a prominent postcolonial figure and how that affects his theories and personal life. The outcome, it is argued, would be a vast and lasting effect which such colonial and postcolonial phenomenon have on personal and theoretical narratives written by Said.

Keywords: Edward Said, exile, postcolonialism, dislocation

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492 Citizenship Redefined? The Wider Exclusionary Dynamics of Migration Policy in the UK

Authors: Clive Sealey

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This article will analyse the impact that the increasingly multicultural nature of the UK has had on the nature and direction of social policy. The increasingly multicultural nature of the UK is being driven by a variety of demographic changes, particularly increased net migration from EU10 and the EU 2 enlargement. This has become an increasingly political issue, as exemplified by the specific rise of the United Kingdom Independence Party as a political force with the primary intention of restricting such migration. Perhaps not surprisingly, this has also had a significant impact on the nature and direction of social policies, as evident in the prominence given to efforts to reducing immigration and to restrict welfare benefits paid to such migrants. These policies have largely reflected the retreat away from the emphasis in UK policy on multiculturalism towards assimilation for all migrants, both prior and newly domiciled. Linking these two main policy emphases of reducing immigration and limiting entitlement to benefits is the concept of citizenship. An important point that this article will highlight, is that this changed citizenship does not just relate to new migrants, but also to existing domiciled migrants, such as in relation to specifying the assimilation of ‘Britishness’ and ‘British values’ in their daily life. Additionally, the article also analyses how the changes in welfare entitlements for new migrants is also impacting in an exclusionary way on the living standards of the native population, and therefore also their social rights as citizens. The article discusses the implication that this change presents for social work practice, particularly in terms of both migrants and native population changed citizenship.

Keywords: migration, citizenship, exclusion, social policy, migrant welfare

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491 Privacy Concerns and Law Enforcement Data Collection to Tackle Domestic and Sexual Violence

Authors: Francesca Radice

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Domestic and sexual violence provokes, on average in Australia, one female death per week due to intimate violence behaviours. 83% of couples meet online, and intercepting domestic and sexual violence at this level would be beneficial. It has been observed that violent or coercive behaviour has been apparent from initial conversations on dating apps like Tinder. Child pornography, stalking, and coercive control are some criminal offences from dating apps, including women murdered after finding partners through Tinder. Police databases and predictive policing are novel approaches taken to prevent crime before harm is done. This research will investigate how police databases can be used in a privacy-preserving way to characterise users in terms of their potential for violent crime. Using the COPS database of NSW Police, we will explore how the past criminal record can be interpreted to yield a category of potential danger for each dating app user. It is up to the judgement of each subscriber on what degree of the potential danger they are prepared to enter into. Sentiment analysis is an area where research into natural language processing has made great progress over the last decade. This research will investigate how sentiment analysis can be used to interpret interchanges between dating app users to detect manipulative or coercive sentiments. These can be used to alert law enforcement if continued for a defined number of communications. One of the potential problems of this approach is the potential prejudice a categorisation can cause. Another drawback is the possibility of misinterpreting communications and involving law enforcement without reason. The approach will be thoroughly tested with cross-checks by human readers who verify both the level of danger predicted by the interpretation of the criminal record and the sentiment detected from personal messages. Even if only a few violent crimes can be prevented, the approach will have a tangible value for real people.

Keywords: sentiment analysis, data mining, predictive policing, virtual manipulation

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490 Determinants of Integrated Reporting in Nigeria

Authors: Uwalomwa Uwuigbe, Olubukola Ranti Uwuigbe, Jinadu Olugbenga, Otekunrin Adegbola

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Corporate reporting has evolved over the years resulting from criticisms of the precedent by shareholders, stakeholders and other relevant financial institutions. Integrated reporting has become a globalized corporate reporting style, with its adoption around the world occurring rapidly to bring about an improvement in the quality of corporate reporting. While some countries have swiftly clinched into reporting in an integrated manner, others have not. In addition, there are ample research that has been conducted on the benefits of adopting integrated reporting, however, the same is not true in developing economies like Nigeria. Hence, this study basically examined the factors determining the adoption of integrated reporting in Nigeria. One hundred (100) copies of questionnaire was administered to financial managers of 20 selected listed companies in the Nigeria stock exchange market. The data obtained was analysed using the Spearman Rank Order Correlation via the Statistical Package for Social Science. This study observed that there is a significant relationship between the social pressures of isomorphic changes and integrated reporting adoption in Nigeria. The study recommends the need for an enforcement mechanism to be put in place while considering the adoption of integrated reporting in Nigeria, enforcement mechanisms should put into consideration the investors demand, the level of economic development, and the degree of corporate social responsibility.

Keywords: corporate social responsibility, isomorphic, integrated reporting, Nigeria, sustainability

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489 How Do L1 Teachers Assess Haitian Immigrant High School Students in Chile?

Authors: Gloria Toledo, Andrea Lizasoain, Leonardo Mena

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Immigration has largely increased in Chile in the last 20 years. About 6.6% of our population is foreign, from which 14.3% is Haitian. Haitians are between 15 and 29 years old and have come to Chile escaping from a social crisis. They believe that education and work will help them do better in life. Therefore, rates of Haitian students in the Chilean school system have also increased: there were 3,121 Haitian students enrolled in 2017. This is a challenge for the public school, which takes in young people who must face schooling, social immersion and learning of a second language simultaneously. The linguistic barrier affects both students’ and teachers’ adaptation process, which has an impact on the students’ academic performance and consequent acquisition of Spanish. In order to explore students’ academic performance and interlanguage development, we examined how L1 teachers assess Haitian high school students’ written production in Spanish. With this purpose, teachers were asked to use a specially designed grid to assess correction, accommodation, lexical and analytical complexity, organization and fluency of both Haitian and Chilean students. Parallelly, texts were approached from an error analysis perspective. Results from grids and error analysis were then compared. On the one hand, it has been found that teachers give very little feedback to students apart from scores and grades, which does not contribute to the development of the second language. On the other hand, error analysis has yielded that Haitian students are in a dynamic process of the acquisition of Spanish, which could be enhanced if L1 teacher were aware of the process of interlanguage developmen.

Keywords: assessment, error analysis, grid, immigration, Spanish aquisition, writing

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488 The Political and Academic Consideration of Unregulated Concept of Rome Statute in Law No. 26 Year 2000 about Indonesia’s Human Right Court

Authors: Muhammad Iqbal Rachman, Mohammad Faisol Soleh

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The Law No. 26 Year 2000 about Indonesia’s Human Right Court became a new legal enforcement frame of human right law in Indonesia. The new spirit based on some international propulsion in order to enforce human right which basic right of everyone that appearance since in fetus. This matters indicated how crucial the arrangement of human right law, considering the role of state on human right enforcement in this context which became main pillar or instrument to accommodate citizen interest. Basically, the adopting of Law No. 26 Year 2000 came from the womb of concept international crimes regulation based on Rome Statute which became the international law instrument in order to legal enforce of international crimes. But in the other side, the enactment Rome Statute concept in Indonesia has facing with political and academics interest which resulted unaccommodating every type of international crimes in Law No. 26 Year 2000. The analyzing of political and academics background became the fundamental point to find out the solutions based on the regulation of Rome Statute concept matters in Indonesia.

Keywords: academic consideration, human right, political consideration, rome statute, unregulated concept

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487 Court-Annexed Mediation for International Commercial Disputes in Asia: Strengths and Weaknesses

Authors: Thu Thuy Nguyen

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In recent years, mediation has gained a great attention from many jurisdictions thanks to its advantages. With respect to Asia, mediation has a long history of development in this region with various types to amicably settle disputes in civil and commercial issues. The modern mediation system in several Asian countries and territories comprises three main categories, namely court-annexed mediation, mediation within arbitral proceedings and institutional mediation. Court-annexed mediation (or in-court mediation) is mediation conducted by the court in the course of judicial procedures. In dealing with cross-border business disputes, in-court mediation exposes a number of advantages in comparison with two other types of mediation, especially in terms of enforcement of final result. However, the confidentiality of mediation process in subsequent judicial proceedings, qualifications of court judges and the issue of recognition and enforcement of foreign judgment are normally seen as drawbacks of court-annexed mediation as in court-annexed mediation judges will be casts as dual roles as both mediator and ultimate adjudicator in the same dispute. This paper will examine the strengths and weaknesses of in-court mediation in settling transnational business disputes in selected Asian countries, including China, Hong Kong, Japan, Singapore and Vietnam.

Keywords: court-annexed mediation, international commercial disputes, Asia, strengths and weaknesses

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486 Criminal Liability for Copyright and Related Rights Infringement: Albania Legislation Perspective

Authors: Ilda Muçmataj, Anjeza Liçenji, Borana Kalemi

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Copyright and related rights have been pivotal in driving the economic growth of nations worldwide and fostering culture and new forms of entertainment. The introduction of the internet and technological advancement has significantly expanded the opportunities for creators and rights holders to promote their works and boost their revenues. However, this digital era has also brought about complex challenges, leading to a more extensive range of copyright infringement, primarily due to the substantial surge in piracy and counterfeiting. Despite being reported internationally, the mechanisms to tackle and the responsibility for enforcing copyright infringements often remain rooted in national jurisdictions, resulting in a gap between the scale of the problem and the efficacy of enforcement measures. Thus, it is essential to ensure adequate legal protection, a vital safeguard for authors' economic and moral interests, information security, innovative development promotion, and intellectual creativity preservation. This paper describes Albanian criminal law-based copyright enforcement legislation, focusing on doctrinal guidance and practical judicial considerations. Lastly, the paper offers recommendations for enhancing copyright protection and related rights.

Keywords: author, copyright infringement, copyright, criminal liability, intellectual property, piracy

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485 Clothing Features of Greek Orthodox Woman Immigrants in Konya (Iconium)

Authors: Kenan Saatcioglu, Fatma Koc

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When the immigration is considered, it has been found that communities were continuously influenced by the immigrations from the date of the emergence of mankind until the day. The political, social and economic reasons seen at the various periods caused the communities go to new places from where they have lived before. Immigrations have occurred as a result of unequal opportunities among communities, social exclusion and imposition, compulsory homeland emerging politically, exile and war. Immigration is a social tool that is defined as a geographical relocation of people from a housing unit (city, village etc.) to another to spend all or part of their future lives. Immigrations have an effect on the history of humanity directly or indirectly, revealing new dimensions for communities to evaluate the concept of homeland. With these immigrations, communities carried their cultural values to their new settlements leading to a new interaction process. With this interaction process both migrant and native community cultures were reshaped and richer cultural values emerged. The clothes of these communities are amongst the most important visual evidence of this rich cultural interaction. As a result of these immigrations, communities affected each other culture’s clothing mutually and they started adding features of other cultures to the garments of its own, resulting new clothing cultures in time. The cultural and historical differences between these communities are seem to be the most influential factors of keeping the clothing cultures of the people alive. The most important and tragic of these immigrations took place after the Turkish War of Independence that was fought against Greece in 1922. The concept of forced immigration was a result of Lausanne Peace Treaty, which was signed between Turkish and Greek governments on 30th January 1923. As a result Greek Orthodoxes, who lived in Turkey (Anatolia and Thrace) and Muslim Turks, who lived in Greece were forced to immigrate. In this study, clothing features of Greek Orthodox woman immigrants who emigrated from Turkey to Greece in the period of the ‘1923 Greek-Turkish Population Exchange’ are aimed to be examined. In the study using the descriptive research method, before the ‘1923 Greek-Turkish Population Exchange’, the clothings belong to Greek Orthodox woman immigrants who lived in ‘Konya (Iconium)’ region in the Ottoman Empire, are discussed. In the study that is based on two different clothings belonging to ‘Konya (Iconium)’ region in the clothing collection archive at the ‘National Historical Museum’ in Greece, clothings of the Greek Orthodox woman immigrants are discussed with cultural norms, beliefs, values as well as in terms of form, ornamentation and dressing styles. Technical drawings are provided demonstrating formal features of the clothing parts that formed clothing integrity and their properties are described with the use of related literature in this study. This study is of importance that that it contains Greek Orthodox refugees’ clothings that are found in the clothing collection archive at the ‘National Historical Museum’ in Greece reflecting the cultural identities, providing information and documentation on the clothing features of the ‘1923 Greek-Turkish Population Exchange’.

Keywords: clothing, Greece, Greek Orthodoxes, immigration, national historical museum, Turkey

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484 Urban Enclaves Caused by Migration: Little Aleppo in Ankara, Turkey

Authors: Sezen Aslan, N. Aydan Sat

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The society of 21st century constantly faces with complex otherness that emerges in various forms and justifications. Otherness caused by class, race or ethnicity inevitably reflects to urban areas, and in this way, cities are diversified into totally self-centered and closed-off urban enclaves. One of the most important dynamics that creates otherness in contemporary society is migration. Immigration on an international scale is one of the most important events that have reshaped the world, and the number of immigrants in the world is increasing day by day. Forced migration and refugee statements constitute the major part of countries' immigration policies and practices. Domestic problems such as racism, violence, war, censorship and silencing, attitudes contrary to human rights, different cultural or religious identities cause populations to migrate. Immigration is one of the most important reasons for the formation of urban enclaves within cities. Turkey, which was used to face a higher rate of outward migration, has begun to host immigrant groups from foreign countries. 1980s is the breaking point about the issue as a result of internal disturbances in the Middle East. After Iranian, Iraqi and Afghan immigrants, Turkey faces the largest external migration in its story with Syrian population. Turkey has been hosting approximate three million Syrian people after Syrian Civil War which started in 2011. 92% of Syrian refugees are currently living in different urban areas in Turkey instead of camps. Syrian refugees are experiencing a spontaneous spatiality due to the lack of specific settlement and housing policies of the country. This spontaneity is one of the most important factors in the creation of urban enclaves. From this point of view, the aim of this study is to clarify processes that lead the creation of urban enclaves and to explain socio-spatial effects of these urban enclaves to the other parts of the cities. Ankara, which is one of the most registered Syrian hosting Province in Turkey, is selected as a case study area. About 55% of the total Syrian population lives in the Altındağ district in Ankara. They settled specifically in two neighborhoods in Altındağ district, named as Önder and Ulubey. These neighborhoods are old slum areas, and they were evacuated due to urban renewal on the same dates with the migration of the Syrians. Before demolition of these old slums, Syrians are settled into them as tenants. In the first part of the study, a brief explanation of the concept of urban enclave, its occurrence parameters and possible socio-spatial threats, examples from previous immigrant urban enclaves caused internal migration will be given. Emergence of slums, planning history and social processes in the case study area will be described in the second part of the study. The third part will be focused on the Syrian refugees and their socio-spatial relationship in the case study area and in-depth interviews with refugees and spatial analysis will be realized. Suggestions for the future of the case study area and recommendations to prevent immigrant groups from social and spatial exclusion will be discussed in the conclusion part of the study.

Keywords: migration, immigration, Syrian refugees, urban enclaves, Ankara

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483 Contextualizing Policing in Local Communities: The Way Forward for Ghana Police Service

Authors: Bernard Owusu Asare

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This study investigates the implementation and efficacy of community policing within the Ghana Police Service, with a focus on its impact on local communities. Emphasizing the goal of creating safer environments and improving the overall quality of life, the research engages opinion leaders from selected communities in Ghana, as well as members of the police force stationed within these communities. Employing a semi-structured interview guide as the primary research instrument, data collection involves face-to-face interviews conducted at respondents' residences and policing centers. The preliminary findings underscore the pivotal role of collaborative efforts between community elders and police personnel in the successful execution of community policing initiatives. Furthermore, the study identifies gainful employment for the youth as a key determinant of effective policing, highlighting the interconnectedness of socioeconomic factors with law enforcement outcomes. The study further reveals that access to the internet emerges as a factor influencing both policing practices and the overall quality of life within these communities. By contextualizing the dynamics of community policing in the local Ghanaian context, this research aims to contribute valuable insights to the ongoing discourse on effective law enforcement strategies and their impact on community well-being.

Keywords: community, policing, police service, Ghana

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482 Addressing Cultural Discrimination in Research Design: The Responsibilities of Ethics Committees

Authors: Elspeth McInnes

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Research design is central to ethical research. Discriminatory research design is a key risk for researchers examining diverse cultural groups without conscious commitment to anti-discrimination values or knowledge of their culture. Culturally discriminatory research design is defined here as research proceeding from negative assumptions about people on the basis of race, colour, ethnicity, nationality or religion. Such discrimination can be direct or indirect. Direct discrimination is the uncritical mobilization of dominant group negative stereotypes of cultural minorities. Indirect discrimination is the examination of policies or programs grounded in dominant culture negative stereotypes that have been uncritically accepted by the researchers. This paper draws on anonymized elements of planned research projects and considers both direct and indirect cultural discrimination in research design and the responsibilities of ethics committees. Human research ethics committees provide a point of scrutiny with responsibility to alert researchers to risks of basing research on negative cultural stereotypes, as well as protecting participants from being subjected to negative discourses about them. This issue has become an increasing concern in a globalizing world of human displacement and migration creating a rise in the presence of minority cultures in host countries. As a nation established through colonization and immigration Australia has a long history of negative cultural stereotypes of Indigenous Australians as well as a legacy of the White Australia policy, which still echoes in attitudes to each wave of non-European immigration. The task of eliminating cultural discrimination in research design is vital to sustaining research integrity and ensuring that research is not used to reinforce or justify cultural discrimination.

Keywords: cultural discrimination, cultural stereotypes, participant risk, research design

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481 The Taiwan Environmental Impact Assessment Act Contributes to the Water Resources Saving

Authors: Feng-Ming Fan, Xiu-Hui Wen

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Shortage of water resources is a crucial problem to be solved in Taiwan. However, lack of effective and mandatory regulation on water recovery and recycling leads to no effective water resource controls currently. Although existing legislation sets standards regarding water recovery, implementation and enforcement of legislation are facing challenges. In order to break through the dilemma, this study aims to find enforcement tools, improve inspection skills, develop an inspection system, to achieve sustainable development of precious water resources. The Taiwan Environmental Impact Assessment Act (EIA Act) was announced on 1994. The aim of EIA Act is to protect the environment by preventing and mitigating the adverse impact of development activity on the environment. During the EIA process, we can set standards that require enterprises to reach a certain percentage of water recycling based on different case characteristics, to promote sewage source reduction and water saving benefits. Next, we have to inspect how the enterprises handle their waste water and perform water recovery based on environmental assessment commitments, for the purpose of reviewing and measuring the implementation efficiency of water recycling and reuse, an eco-friendly measure. We invited leading experts in related fields to provide lecture on water recycling, strengthen law enforcement officials’ inspection knowledge, and write inspection reference manual to be used as basis of enforcement. Then we finalized the manual by reaching mutual agreement between the experts and relevant agencies. We then inspected 65 high-tech companies whose daily water consumption is over 1,000 tons individually, located at 3 science parks, set up by Ministry of Science and Technology. Great achievement on water recycling was achieved at an amount of 400 million tons per year, equivalent to 2.5 months water usage for general public in Taiwan. The amount is equal to 710 billion bottles of 600 ml cola, 170 thousand international standard swimming pools of 2,500 tons, irrigation water applied to 40 thousand hectares of rice fields, or 1.7 Taipei Feitsui Reservoir of reservoir storage. This study demonstrated promoting effects of environmental impact assessment commitments on water recycling, and therefore water resource sustainable development. It also confirms the value of EIA Act for environmental protection. Economic development should go hand in hand with environmental protection, and it’s a mainstream. It clearly shows the EIA regulation can minimize harmful effects caused by development activity to the environment, as well as pursuit water resources sustainable development.

Keywords: the environmental impact assessment act, water recycling environmental assessment commitment, water resource sustainable development, water recycling, water reuse

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480 On the Path of Radicalization: Policing of Muslim Americans Post 9/11

Authors: Hagar Elsayed

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This case study examines the framing of the diverse populations of Arab, Muslim and South Asian immigrants and their descendants in local communities by both federal and local law enforcement agencies. It explores how urban spaces and policing are constructed as necessary components of national security in the context of the war on terror by focusing on practices employed in local spaces such as Dearborn, Michigan and training methods adopted on a national level. The proliferation of American Arabs as ‘terrorist’ works to legitimize not only increasing state surveillance, but also military strategies which infringe on ‘inside’ spaces. Sustaining these progressively militarized civil policing operations, which demand intense mobilization of state power, requires that whole neighborhoods and districts are reimagined to portray these geographies in a certain light. This case study is central in understanding how Arab, South Asian, and Muslim civilians’ transformation into a “national security” issue have created militarized police enforcement agencies that employ military tactics to map the terrain of Otherness. This study looks at how race factors into key recent incidents, and asks whether this militarization builds from past forms of racist policing, and whether these specific incidents are reflective of larger patterns or whether they are just isolated incidents.

Keywords: American-Muslims, Arabs, militarization, policing

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479 The Routes of Human Suffering: How Point-Source and Destination-Source Mapping Can Help Victim Services Providers and Law Enforcement Agencies Effectively Combat Human Trafficking

Authors: Benjamin Thomas Greer, Grace Cotulla, Mandy Johnson

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Human trafficking is one of the fastest growing international crimes and human rights violations in the world. The United States Department of State (State Department) approximates some 800,000 to 900,000 people are annually trafficked across sovereign borders, with approximately 14,000 to 17,500 of these people coming into the United States. Today’s slavery is conducted by unscrupulous individuals who are often connected to organized criminal enterprises and transnational gangs, extracting huge monetary sums. According to the International Labour Organization (ILO), human traffickers collect approximately $32 billion worldwide annually. Surpassed only by narcotics dealing, trafficking of humans is tied with illegal arms sales as the second largest criminal industry in the world and is the fastest growing field in the 21st century. Perpetrators of this heinous crime abound. They are not limited to single or “sole practitioners” of human trafficking, but rather, often include Transnational Criminal Organizations (TCO), domestic street gangs, labor contractors, and otherwise seemingly ordinary citizens. Monetary gain is being elevated over territorial disputes and street gangs are increasingly operating in a collaborative effort with TCOs to further disguise their criminal activity; to utilizing their vast networks, in an attempt to avoid detection. Traffickers rely on a network of clandestine routes to sell their commodities with impunity. As law enforcement agencies seek to retard the expansion of transnational criminal organization’s entry into human trafficking, it is imperative that they develop reliable trafficking mapping of known exploitative routes. In a recent report given to the Mexican Congress, The Procuraduría General de la República (PGR) disclosed, from 2008 to 2010 they had identified at least 47 unique criminal networking routes used to traffic victims and that Mexico’s estimated domestic victims number between 800,000 adults and 20,000 children annually. Designing a reliable mapping system is a crucial step to effective law enforcement response and deploying a successful victim support system. Creating this mapping analytic is exceedingly difficult. Traffickers are constantly changing the way they traffic and exploit their victims. They swiftly adapt to local environmental factors and react remarkably well to market demands, exploiting limitations in the prevailing laws. This article will highlight how human trafficking has become one of the fastest growing and most high profile human rights violations in the world today; compile current efforts to map and illustrate trafficking routes; and will demonstrate how the proprietary analytical mapping analysis of point-source and destination-source mapping can help local law enforcement, governmental agencies and victim services providers effectively respond to the type and nature of trafficking to their specific geographical locale. Trafficking transcends state and international borders. It demands an effective and consistent cooperation between local, state, and federal authorities. Each region of the world has different impact factors which create distinct challenges for law enforcement and victim services. Our mapping system lays the groundwork for a targeted anti-trafficking response.

Keywords: human trafficking, mapping, routes, law enforcement intelligence

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478 The Experiences of First-Generation Afro/Black Caribbean-American Women Navigating Sexual Pleasure and Their Bicultural Identity as a Result of Immigration

Authors: Jessie André

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In the past 10 years, more studies have begun exploring the psychological impact of those who have been subjected to and have adopted two different cultures. Currently, there is no existing literature regarding how individuals with a bicultural identity navigate their often-conflicting cultures on topics such as sexual pleasure and sexual scripts. The purpose of this study was to explore how first-generation Afro/Black Caribbean-American women navigate their multiple cultural identities with regards to sexual pleasure and sexual scripts. This study contains an exploration of participants self-described challenges, attitudes, and beliefs associated to how they navigate and experience their sexuality. This research study uses an explanatory, qualitative method design with semi structured interviews to answer the primary and secondary research question. Research findings indicate that the later the age of immigration, the stronger their ties were to the culture from their country of origin, which affected their self-assessments of sexual desirability and sexual self-esteem. Findings also suggest that even though women who immigrated at a younger age had higher rates of difficulty navigating and identifying with their adopted culture’s sexual mores. These women also reported lower ratings of comfort voicing sexual desires and concerns to their partner and had lower self-ratings of feeling connected to their cultural identity. These participants had challenges utilizing the dual and conflicting sexual mores and rules they received from U.S. society and their country of origin, resulting in less pleasurable sexual experiences. Whereas women who immigrated at an older age reported having more pleasurable sexual experiences.

Keywords: bicultural identity, sexual pleasure, first-generation immigrants, afro/black caribbean-American

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477 American Criminal Justice Responses to Terrorism in the Post 9/11 Era

Authors: Summer Jackson

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September 11, 2001 terrorist attacks exposed weaknesses in federal law enforcement’s ability to proactively counter threats to American homeland security. Following the attacks, legislative reforms and policy changes cleared both bureaucratic and legal obstacles to anti-terrorism efforts. The Federal Bureau of Investigation (FBI) transformed into a domestic intelligence agency responsible for preventing future terrorist attacks. Likewise, the passage of the 2001 USA Patriot Act gave federal agents new discretionary powers to more easily collect intelligence on those suspected of supporting terrorism. Despite these changes, there has been only limited scholarly attention paid to terrorism responses by the federal criminal justice system. This study sought to examine the investigative and prosecutorial changes made in the Post-9/11 era. The methodology employed bivariate and multivariate statistics using data from the American Terrorism Study (ATS). This analysis examined how policy changes are reflected in the nature of terrorism investigations, the handling of terrorist defendants by federal prosecutors, and the outcomes of terrorism cases since 2001. The findings indicate significant investigative and prosecutorial changes in the Post-9/11 era. Specifically, this study found terrorism cases involved younger defendants, fewer indictees per case, less use of human intelligence, less complicated attacks, less serious charges, and more plea bargains. Overall, this study highlights the important shifts in responses to terrorism following the 9/11 attacks.

Keywords: terrorism, law enforcement, post-9/11, federal policy

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476 The Urgency of ASEAN Human Rights Court Establishment to Protect Human Rights in Southeast Asia

Authors: Tareq M. Aziz Elven

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The issue of Human Rights enforcement in Southeast Asia has become the serious problem and attract the attention of international community. Principally, Association of Southeast Asian Nations (ASEAN) has mentioned the Human Rights as one of the focus and be a part of the ASEAN Charter in 2008. It was followed by the establishment of ASEAN Inter-Governmental Commission on Human Rights (AICHR). AICHR is the commission of Human Rights enforcement in Southeast Asia which has a duty, function, and an authority to conduct dissemination and protection of Human Rights. In the end of 2016, however, the function of protection mandated to AICHR have not achieved yet. It can be proved by several cases of Human Rights violation which still exist and have not settled yet. One of case which attracts the public attention recently is human rights violation towards Rohingya in Myanmar. Using the juridical-normative method, the research aims to examine the urgency of Human Rights court establishment in Southeast Asia region which able to issue the decision that binds the ASEAN members or the violating parties. The data shows that ASEAN needs to establish a regional court which intended to settle the Human Rights violations in ASEAN region. Furthermore, the research also highlights three strong factors should be settled by ASEAN for establishing human rights court i.e. the significant distinction of democracy and human rights development among the members, the strong implementation of non-intervention principle, and the financial matter to sustain the court.

Keywords: AICHR, ASEAN, human rights, human rights court

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475 Beyond the Dust: Workers' Perspectives on Enhancing Silica Exposure Control in Tunnel Construction

Authors: Frederick Anlimah, Vinod Gopaldasani, Catherine MacPhail, Brian Davies

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The construction industry, particularly tunnel construction, exposes workers to respirable crystalline silica (RCS), which can cause incurable illnesses such as silicosis and lung cancer. Despite various control measures, exposures remain inadequately controlled. This research aimed to examine what workers on a tunnelling project in Australia think should be done to reduce exposure to dust to protect them from RCS exposure. A qualitative research approach consisting of interviews and focus group discussions was employed for this research. The preliminary analysis of the data reveals a diverse array of solutions proposed to address the different sociotechnical factors that present challenges for effectively reducing dust exposure. Solutions are proposed to address challenges such as cost, time pressure, low-risk perception, inadequate awareness, inadequate enforcement and compliance with personal protective equipment. The findings highlight the need to make dust control a level playing field for all contractors during the bidding process, with more collaboration and enforcement after the signing of contracts. The research highlights that although improvements have been made in the past years regarding dust controls, many opportunities exist to reduce worker exposure to RCS.

Keywords: tunnel, respirable crystalline silica, RCS, dust exposure, personal protective equipment, worker perspectives

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474 A Quantitative Analysis of the Conservation of Resources, Burnout, and Other Selected Behavioral Variables among Law Enforcement Officers

Authors: Nathan Moran, Robert Hanser, Attapol Kuanliang

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The purpose of this study is to determine the relationship between personal and social resources and burnout for police officers. Current conceptualizations of the condition of burnout are challenged as being too phenomenological and ambiguous, and consequently, not given to direct empirical testing. The conservation of resources model is based on the supposition that people strive to retain, protect, and build resources as a means to protect them from the impacts of burnout. The model proposes that the effects of stress (i.e. burnout) can be manifested in personal and professional attitudes and attributes, which can measure burnout using self-reports to provide strong support for the conservation of resources model, in that, personal and professional demands are related to the exhaustion component of burnout, whereas personal and professional resources can be compiled to counteract the negative impact of the burnout condition. Highly similar patterns of burnout resistance factors were witnessed in police officers in two department precincts (N:81). In addition, results confirmed the positive influence of key demographic variables in burnout resistance using the conservation of resources model. Participants in this study are all sheriff’s deputies with a populous county in a Pacific Northwestern state (N = 274). Four instruments will be used in this quantitative study for data collection (a) a series of demographic questions, (b) the Organizational Citizenship Behavior, (c) the PANAS-X Scale (OCB: Watson& Clark, 1994), and (d) The Maslach Burnout Inventory.

Keywords: behavioral, burnout, law enforcement, quantitative

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473 Legal Status Of Children Living With Albinism In Nigeria

Authors: Ibhade Oluwabunlola Adisa Ibojo, Tolulope Funmilola Aladetan

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Children living with albinism in Nigeria face significant legal and social challenges that threaten their rights and well-being. Despite existing laws aimed at protecting the rights of children, including the Child Rights Act of 2003, the unique vulnerabilities of children with albinism often go unaddressed. This abstract explores the legal status of these children, highlighting the gaps in legal protection and the prevalence of discrimination and violence against them. In many Nigerian communities, deep-seated myths and superstitions regarding albinism contribute to the marginalization and stigmatization of individuals with this condition. Consequently, children with albinism are at a heightened risk of violence, including abduction and ritualistic killings, often with impunity for the perpetrators. This situation is exacerbated by inadequate legal frameworks, ineffective enforcement of existing laws, and a lack of awareness among law enforcement officials and the general public. The paper also examines the implications of these challenges on the rights of children with albinism to life, education, and healthcare. Recommendations are proposed for improving the legal framework and implementing targeted awareness campaigns to protect these vulnerable children. By addressing these issues, the Nigerian legal system can better safeguard the rights and dignity of children living with albinism, ensuring they can lead safe and fulfilling lives. This research aims to raise awareness of the plight of these children and advocate for stronger legal protections to promote their rights and well-being in Nigerian society.

Keywords: Albinism, vulnerable, children, laws

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472 Road Traffic Psychology: A Survey of Seat Belt Usage among Drivers in Ogbomoso, Oyo State, Nigeria

Authors: I. T. Adebayo, J. R. Aworemi, V. A. Ogundele, O. J. Babalola, J. O. Ajayi

Abstract:

The behavior of road users is a critical element in road safety. However, despite the proven effectiveness of the seat belt in reducing injury severity, some drivers still do not use the seat belt. The study, therefore, examined seat belt usage among drivers in Ogbomoso, Oyo State, Nigeria. Face-to-face surveys were conducted to elicit data on seat belt usage and road behaviors on 54,038 drivers plying the General-Lautech Road in Ogbomoso over a period of six months. Data collected were analyzed using both descriptive and inferential statistics. Findings revealed that seat belt usage was moderate among private car drivers in the morning (52.75 percent) and much lower in the evening (37.67 percent), while less than 30 percent of the commercial bus/taxi drivers used the seat during both periods. The paired T-test revealed a significant difference in seat belt usage by all the drivers in the morning and in the evening, as indicated with a T value of 113.977 and the level of significance p < 0.05. The study concluded that there is a significant difference in the usage of the seat belt by both private car and commercial bus/taxi drivers in Ogbomoso as most drivers made use of the seat belt, especially in the morning, to avoid being delayed when flagged down and fined for non-compliance with seat belt usage by the road traffic law enforcement agents. However, most of the drivers cited inadequate/lack of enforcement of compulsory use of seat belts by the relevant agencies and discomfort as the major reasons for not using the seat belt while driving.

Keywords: drivers, road , seat belt, traffic psychology

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471 Being Your Own First Responder: A Training to Identify and Respond to Mental Health

Authors: Joe Voshall, Leigha Shoup

Abstract:

In 2022, the Ohio Peace Officer Training Council and the Attorney General required officers to complete a minimum of 24 hours of continued professional training for the year. Much of the training was based on Mental Health or similarly related topics. This includes Officer Wellness and Officer Mental Health. It is becoming clearer that the stigma of Officer / First Responder Mental Health is a topic that is becoming more prevalently faced. To assist officers and first responders in facing mental health issues, we are developing new training. This training will aid in recognizing mental health-related issues in officers/first responders and citizens, as well as further using the same information to better respond and interact with one another and the public. In general, society has many varying views of mental health, much of which is largely over-sensationalized by television, movies, and other forms of entertainment. There has also been a stigma in law enforcement / first responders related to mental health and being weak as a result of on-the-job-related trauma-induced struggles. It is our hope this new training will assist officers and first responders in not only positively facing and addressing their mental health but using their own experience and education to recognize signs and symptoms of mental health within individuals in the community. Further, we hope that through this recognition, officers and first responders can use their experiences and more in-depth understanding to better interact within the field and with the public. Through recognition and better understanding of mental health issues and more positive interaction with the public, additional achievements are likely to result. This includes in the removal of bias and stigma for everyone.

Keywords: law enforcement, mental health, officer related mental health, trauma

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470 Access to Justice for Persons with Intellectual Disabilities in Indonesia: Case and Problem in Indonesian Criminal Justice System

Authors: Fines Fatimah, SH. MH.

Abstract:

Indonesia is one of the countries that has ratified the UNCRPD (United Nations Convention on the Rights of Persons with Disabilities). The ratification of this convention brings consequences on the adjustment of national legislation with the UNCRPD convention, where this ratification at the same time is a measure in the eyes of the international community that a state party could be consistent with the issues and problems of disability. Persons with disabilities often have little access to justice when they are forced to deal with the criminal justice system. Pursuit of justice through litigation are often not in their favor, therefore without any awareness of law enforcement/awareness of disability will further complicate access to justice for persons with disabilities. Under Article 13 of the UNCRPD, it appeared that the convention requires ratifying states to guarantee equal opportunity and treatment in justice for persons with disabilities. The States should also ensure that any judicial rules must be adapted to the circumstances of persons with disabilities so that people with disabilities can fully participate in all stages of the trial court and, for example, as a witness. Finally, the state must provide training to understand these persons with disabilities (for those who work in the judiciary institution such as police or prison officials). Further, this paper aims to describe problem faced by persons with intellectual disabilities to access justice in Indonesian Criminal Justice System. This paper tries to find and propose the alternative solutions to promote the quality of law enforcement in Indonesia, especially for persons with intellectual disabilities.

Keywords: access to justice, Indonesian criminal justice system, intellectual disability, ratifying states

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469 Regulation, Supervision and Accounting Conservatism: Interaction of the Three Pillars of Basel II to Achieve Quality of Reporting Earnings in Worldwide Banks

Authors: I. Diaz Sanchez, I. M. Martinez-Conesa, M. Illueca

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Accounting conservatism is a desirable quality of earnings that is positively associated with the stridency of regulatory and supervisory regimen and high market discipline. But how these three pillars interact each other is the main research question that is not empirically solved. We analyze how regulatory and supervisory regimes interact with the market discipline measures, such as listing status, ownership and market concentration using a sample of 14,651 bank-year observations covering 54 countries over the period 1997-2009. We evidence that regulation a supervision and extend on which they are enforcement is a strong mechanism to achieved accounting conservatism in those countries or situations where the market discipline fails. Generally, the supervisory power reinforces the effect of listing status, ownership and concentration on conservatism, while capital regulatory mitigates the effect of market discipline on conservatism. This paper may contribute to debate about the mechanism introduced by Basel III that strongly increases the regulation, his enforcement, and the supervisory power after long deregulation period. Although Market discipline is relevant to achieve the financial stability, strong Pillar I and II can ensure the quality of the accounting earnings to prevent bank failures.

Keywords: accounting conservatism, bank regulation, bank supervision, loan loss recognition, market discipline

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468 Close-Out Netting Clauses from a Comparative Perspective

Authors: Lidija Simunovic

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A Close-out netting cause is a clause within master agreements which reduces credit risks. This clause contains the parties ' advance agreement that the occurrence of a certain event (such as the commencement of bankruptcy proceedings) will result in the termination of the contract and that their mutual claims will be calculated as a net lump-sum to be paid by one party to the other. The legal treatment of the enforceability of close-out netting clauses opens up many legal matters in comparative legal systems because it is not uniformly treated in comparative laws. Certain legal systems take a liberal approach and allow the enforcement of close-out netting clauses. Others are much stricter, and they limit or completely prohibit the enforcement of close-out netting clauses through the mandatory provisions of their national bankruptcy laws. The author analyzes the concept of close-out netting clauses in selected comparative legal systems and examines the differences in their legal treatment by using the historical, analytical, and comparative method. It results that special treatment of the close-out netting in national laws with a liberal approach is often forced by financial industry lobbies and introduced in national laws without the justified reasons. Contrary to that in legal systems with limited or prohibited approach on close-out netting the uncertain enforceability of the close-out netting clause causes potential credit risks. The detected discrepancy on the national legal treatment and national financial markets regarding close-out netting lead to the conclusion to author’s best knowledge that is not possible to use any national model of close-out netting as a role model which perfectly fits all.

Keywords: close-out netting clauses, derivatives, insolvency, offsetting

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467 Identitarian Speech in Exile by Representatives of Central Europe

Authors: Georgiana Ciobotaru

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The experience of exile is a defining one for the mittleeuropean writers, which is also the generator of an identity discourse manifested in the plan of fiction. In exile, the authors often build their marginality in opposition to that deserted mundi center. The Polish Gombrowicz carried out his existence, for more than twenty-three years, in a geographical exile, distancing himself from his country, and, from a cultural point of view, the writing meant a possibility of escape, of plunge into a literary exile that often constituted a way of conditioning the practice of writers. He opted for one of the attitudes that a writer in exile may have, namely he preferred to continue speaking Polish, although he was far from his homeland, turning to the public in his homeland, his entire literary creation in exile being promoted through Kulturia, the Paris-based immigration magazine. The problem of exile must be constantly related to three essential aspects, namely: territory, identity and language. The exile, both the writer and his characters, displays a characteristic attitude towards the abandoned land, but also towards the adoptive, towards the mother tongue, but also towards the idiom encountered, thus proving an original manner in terms of how it asserts, de-builds or re-builds its identity. In these texts written after leaving Poland, a series of open works by Trans-Atlantic, Gombrowicz assumes and internalizes the inadequacy between his self and the reality outside to make it the principle of his perception of the world. The expression of marginality that characterized the texts developed when the writer was still in Poland seems to acquire a certain coherence against the background of a logic imposed on the new experience, namely that of exile. Texts created during his exile in Argentina appear in a different context, in other words, in a situation of inadequacy towards the world: ignorance of the language, poverty, isolation that characterizes especially the first years spent there. This study aims to highlight how the Polish author de-builds and reconstructs his Mittel-European identity profile through language.

Keywords: discourse, exile, identity, immigration

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466 Walls against Legal Identity: A Qualitative Study on Children of Refugees without Birth Registration in Malaysia

Authors: Rodziana M. Razali, Tamara J. Duraisingham

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Malaysia is not a signatory to the 1951 Refugee Convention and its 1967 Protocol despite receiving the largest share of refugee inflows in Southeast Asia aside from Thailand. In Peninsular Malaysia, the majority of refugees and asylum seekers are from Myanmar, with Rohingya refugees recording the highest number compared to all other ethnicities. In the eastern state of Sabah, the presence of refugees who have long established themselves in the state is connected to those who escaped military persecution in southern Philippines in the 1970’s and 1980’s. A combination of legal and non-legal factors has created and sustained an adverse atmosphere of deprivation of legal identity for children of migrants including refugees born in Malaysia. This paper aims to qualitatively analyse the barriers to birth registration as the cornerstone of every person’s legal identity for children of refugees born in this country, together with the associated human rights implications. Data obtained through semi-structured interviews with refugees in Kota Kinabalu, Sabah and Rohingya refugees in Peninsular Malaysia shall be studied alongside secondary sources. Results show that births out of medical facilities, suspension of birth records, illiteracy, lack of awareness on the importance and procedures of birth registration, inability to meet documentary requirements, as well as fear of immigration enforcement, are the key factors hindering birth registration. These challenges exist against the backdrop of restrictive integration policy to avoid destabilising demographic and racial balance, political sentiment stirring xenophobic prejudices, as well as other economic and national security considerations. With no proof of their legal identity, the affected children grow up in a legal limbo, facing multiple human rights violations across generations. This research concludes that the country’s framework and practice concerning birth registration is in need of serious reform and improvement to reflect equality and universality of access to its birth registration system. Such would contribute significantly towards meeting its commitments to the post-2015 sustainable development agenda that pledges to 'Leave no one behind', as well as its recently announced National Human Rights Action Plan.

Keywords: birth registration, children, Malaysia, refugees

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465 Association of Southeast Asian Nations Caught in between International and Regional Human Rights Frameworks: The Myanmar Rohingya Crisis

Authors: Lynamata Chhun

Abstract:

Human Rights enforcement in the newly independent countries like Asian and African has always been penetrating issues. In spite, the existing of the Universal Declaration of Human Rights (UDHR), regions like Africa and Asia where values and cultural norms far differ from the concept had formed their own Human Rights instruments to tackle Human Rights issues in their regions instead of embracing the concept of UDHR completely. ASEAN Human Rights Declaration is one of the examples. This paper aims to examine the enforcement of Human Rights in South East Asia in the context of ASEAN regional integration. Precisely, the author attempts to analyse the effectiveness in undertaking Human Rights issues in the region by applying both the existing international and regional frameworks using the Myanmar Rohingya Crisis as the case study. The methodology of the paper is qualitative analysis where cross-impact analysis is employed to examine the case study. It is anticipated that the main findings of this paper will illuminate how applicable the international instruments are in comparison to the regional instruments in apprehending the human rights issues and will shed light on how ASEAN and dialogue partners should cooperate in the future regarding with the challenging issues of Human Rights in the region.

Keywords: ASEAN Human Rights Declaration, ASEAN integration, ASEAN way, international and regional instruments, Universal Declaration of Human Rights

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464 Chinese Übermensches: Mobility Capital and the Entrepreneurial Experiences of Young Privileged Chinese Migrants

Authors: Wenfu Zhang

Abstract:

This study examines why young, privileged Chinese individuals emigrate, how they sustain fluid, ongoing movement, and the life goals through migrant entrepreneurship. Through interviews with 30 young Chinese migrant entrepreneurs in the UK, this study reveals that they migrate primarily to escape an increasingly "risk society", characterized by reduced social and personal freedoms, a hostile business environment, and hyper-competition within professional and entrepreneurial sectors in the PRC. In this context, elite-oriented immigration policies of Northern countries align with these migrants' goals, creating a duality of 'neoliberalism as exception' and 'exceptions to neoliberalism', which facilitates selective entry for young, privileged Chinese. Intriguingly, even within the perceived context of an increasingly 'risk society,' young, privileged migrants are hesitant to relinquish their Chinese nationality, despite having diligently obtained UK residency. This choice reflects a deliberate strategy to cultivate 'mobility capital'. A Northern country's residency offers mobility to exit China when “risks” emerge, while Chinese nationality enables a strategic return when advantageous. This study contributes to the literature on how young, privileged Chinese individuals from the not-so-distant ‘Deng Xiaoping Era’ view China’s ongoing “New Era” as shaping their future aspirations with uncertainty; it examines how revenue-driven immigration controls in postcolonial Northern countries impact Southern elites by enabling them to project their domestic inequality issues onto a global scale through the use of mobility capital. In this study, it term these young Chinese elites "Chinese Übermensches," an unparalleled phenomenon in Chinese migration history.

Keywords: mobility capital, elite migration, entrepreneurship, neoliberalism, risk society

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