Human Needs and Justice: The Case against Realism
Anja Matwijkiw
Abstract: Contrasting idealism and realism, the author of this article attempts to secure at least one component of distributive justice, namely recognition of rights grounded on basic needs in terms of rights stricto sensu. In the case of realism, this objective is defeated beforehand for reasons that link the position with the doctrine of logical correlativity. By choosing this strategy, however, exponents of realism are doing themselves a disservice. The case against realism includes a criticism on the basis of its own premises, with a view to facilitating corrections of the analysis of the relevant subset of economic/social human rights. It will appear that the theoretical disintegration of realism boils down to one and the same problem: the absence of a distinction between rights-recognition and rights-protection.
Keywords: Claim-rights, justice, ethics, idealism, logic, ideology, economics, realism.
Climates of Displacement
Vikram Kolmannskog
Abstract: Climate change and impacts on the environment must be taken seriously as one of several causes of forced migration. So far there has been very little research on climate change and forced migration. One possible approach to the issue is that adopted in the case of the Guiding Principles on Internal Displacement, that is, to create a synthesis (and analogy) of existing international law in the form of principles. In any case, it would take a long time for new international instruments to be developed and come into force. Meanwhile, protection needs must also be addressed. This article attempts to show that investigating existing protection possibilities could prove useful and that there are several benefits to a Guiding Principles approach. Many of the forced migrants can probably be included in existing categories of protected persons, but we may need to increase their visibility and recognition within the categories. There is an urgent need to strengthen and develop existing protection mechanisms, particularly that of internally displaced persons. Human rights principles such as non-refoulement could also be used to extend at least basic protection. The human rights approach differs from general forced migration law by focusing on needs rather than cause. Rather than getting caught in the eternal debate about how forced or voluntary movement is, one could in the context of climate change and displacement focus more on the possibility and reasonability of return. Finally, arbitrary displacement is in itself a breach of law, and we need a broad approach to climate change adaptation, including strengthening and realising human rights.
Keywords: Climate change, migration, human rights, non-refoulement, refugee, IDP, stateless.
Getting a Divorce in
A Moroccan Case of Legal Pluralism and Transnationalism
Eva Evers Rosander
Abstract: The paper deals with legal pluralism and multiculturalism from a gender perspective. The fact that the reformed Moroccan family law (Mudawwana) and the Spanish Family Code co-exist in Spain offer maltreated Moroccan women migrants a chance of a Spanish divorce under the Integrated Law against Gender Violence (2004), something which affects migrant women's chances of getting residence and work permits in their own names expeditiously . The permits are held by the women independently of their ex-husbands. A divorce that is valid in
Key words: Transnationalism, legal pluralism,