| 19901. |
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| 19902. |
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| 19903. |
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| 19904. |
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| 19905. |
- Pedro, Guilherme Marques, 1984-
(författare)
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The Flying Dutchman Asymmetry : Migration rights in question
- 2016
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The right to migrate - usually also referred to in the latin original ius migrandi - describes at once a right to emigrate and a right to immigrate. This project focuses on both ends of this right and queries about the correlativity of exit and entry from a philosophical-legal viewpoint. What sort of right is the right to migrate? Is the correlation necessary? Is it desirable for the right to migrate to be conceived as a perfect right - or should we be satisfied with its apparently ‘imperfect’ nature? The asymmetry which this project sets out to problematic is the following: no one can leave a country without entering another. In other words, one can be legally entitled to leave my country, but what sort of entitlement is that if it does not grant him the legal possibility of entering another? Hence, for a right to be able to protect such individual conduct it must not only ensure the exit movement; it must also consist of a right of entry. In taking the wider perspective of the international system of states we are confronting the moral and legal validity of a right which can never be merely dependent on its enforcement by one single legal system. This project further reflects on the historical backdrop and the legal and political implications that a fully-fledged right to migrate can bring upon international law, international relations theory and the world system of states. It further wonders about whether certain rights - so-called ‘international special (human) rights’ - can only become enforceable - and hence be properly called “rights” - with the advent of a world Leviathan..
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| 19906. |
- Pedro, Guilherme Marques, 1984-
(författare)
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The Flying Dutchman Asymmetry : The conflict of natural rights in the history of migration law
- 2016
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- In this paper I explain how the now-called asymmetry is about this broader tension between law and morality. The hypothesis laid out in this paper is that what lies at the core of their troubled relationship has to do with a conflict of natural rights which has never been settled in the histories of both legal and political philosophy. My starting point is that while migration rights - namely the right to leave and the right to enter a state - have been theorised in the history of international law and political thought in light of a cosmopolitan (human and natural) right to mobility across the globe, the rights of states to bar immigration is instead seen as a positive artifice, and unnatural manmade creation that violates what would otherwise be the natural state of affairs. This paper historicises this division between a natural right of free movement - on which the so-called ‘asymmetry thesis’ rests - and the supposedly positive right to rule of sovereign states. But as in most cases of intellectual history, the history of philosophy is on its own also a type of philosophical argument. Hence, my historical overview highlights the notions of ‘right’ being employed by authors in their discussion of migration rights, as they seem to inform their views on migration law more generally - especially regarding the question as to whether the correlativity is a legal, a moral or a political problem. Different accounts and usages of rights provide for different theories of migration rights. They make all the difference for thescope and reach of both exit and entry rights in each author or theory, and this paper concludes that the categorisation of the problem as an ‘asymmetry’ has so far only made its way in moral theory, not in legal scholarship.
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| 19907. |
- Pedro, Guilherme Marques, 1984-
(författare)
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The Right To Migrate : Between A Moral & A Legal Right
- 2015
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The aim of this paper is to query about the extent to which the moral right to migrate can be considered a legal right. Described by many as a natural right, the fundamental assumptions about what a natural right is has changed significantly in history - especially in the history of political and legal ideas - and so has the very notion of ‘nature’ which sits at the heart of both classical and modern natural law traditions. Hence, this paper asks what is the notion of nature that is presumed in the moral claim that migration is a ‘natural’ right. In order to respond to this question, I explore the connection between the classical ius migrandi and the modern freedom of movement, or right to free mobility, as the most recent corollary of that ancient principle. Freedom of movement has been hailed as a key aspect of the various human rights regimes that have developed since the Second World War and, overall, as a key component of any understanding of individual freedom and collective emancipation.
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| 19908. |
- Pedro, Guilherme Marques, 1984-
(författare)
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Twin Rights : The Flying Dutchman Asymmetry in Question
- 2016
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- Contemporary debates about whether the right of emigration entails a corresponding right of immigration often address this question in terms of a rights asymmetry. They focus on three interrelated aspects of rights theories which are at stake in international migration: (1) how rights relate to duties; (2) how the concept of a right depends upon its exercise; and (3) if certain rights entail other rights. This paper problematises the asymmetry and argues that one of the pioneering instantiations of individual rights in international law - the ius emigrandi, enshrined in the treaties of Westphalia of 1648 - indeed suggests a correlation between the right to emigrate and a right to stay that has been forgotten. Although unexplored, this historical case seems to point to a practical, and hence theoretical, co-dependency between what I refer to as ‘twin rights’. Hence, I ask if this is a case of rights symmetry that has withered away with time.
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| 19909. |
- Pedrosa, Albert, et al.
(författare)
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God moves in mysterious ways : Faith units and their influence on prison governance in Argentina and Sweden
- 2024
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Ingår i: European Journal of Criminology. - 1477-3708 .- 1741-2609. ; 21:2, s. 191-209
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Tidskriftsartikel (refereegranskat)abstract
- Faith-based units are prison spaces centred on the performance of religious practices that can nowadays be found in prisons in several countries. These faith-based practices have usually been explored in relation to the effects they have on inmates, but there are few studies that have explored how their presence affects prison life and how they can influence prison governance. This article will compare two different faith-based prison experiences located in two very different social and penitentiary contexts, Argentina and Sweden, in order to explore how the presence of these units affects prison management. To do so, we will analyse semi-structured interviews with 55 individuals conducted in prisons in both countries.
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| 19910. |
- Pedroso, Joana
(författare)
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Environmental Taxes from the EU State Aid Control System Perspective : A Legal Analysis of the Integration of Environmental Protection
- 2024
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis is a legal analysis of environmental taxes enacted by the Member States of the European Union (EU) as a tool to protect the environment from the perspective of the State aid control system (laws, rulings, and decisions on State aid). The research problem I address has two dimensions. First, the State aid control system adds complexity for lawmakers of the Member States already grappling with various legal, social, political, and economic challenges in environmental tax imposition. Pressures such as the European energy crisis, the Russia-Ukraine conflict, rising inflation, and extreme weather events exemplify these challenges. Furthermore, lawmakers’ tax sovereignty is conditional; they must not breach the Treaty on the Functioning of the EU (TFEU). In this thesis, I focus on the rules on State aid, notably the prohibition set out in Article 107(1) TFEU. This rule demands case-by-case interpretation and assessment of a State measure’s actual impact. Consequently, disputes arise from the Commission’s decisions and the EU courts’ rulings on whether State measures constitute State aid. Without expertise in State aid matters, lawmakers are likely to violate the State aid prohibition set out in Article 107(1) TFEU when enacting environmental taxes. Environmental taxes may be general (not breaching Article 107(1) TFEU), compatible aid (breaching Article 107(1) TFEU but allowed under Article 107(3) TFEU), or incompatible aid (breaching Article 107(1) and (3) TFEU), in which case the Member State concerned is not authorized to impose or to keep imposing the tax. Due to the implications of the latter two scenarios (compatible or incompatible aid), the issue of incoherence within the State aid control system concerning environmental protection values of both the EU and the Member States laws and policies is just as crucial as addressing the system’s inherent complexity. In theory, Article 11 TFEU establishes an integration principle that mandates the integration of environmental protection requirements (values articulated in Article 191 TFEU and further developed in the environmental laws of the EU and the Member States) into the EU policies, including State aid. This integration is achieved through the interpretation of the rules on State aid in relation to environmental taxes. Any inconsistencies in this regard impact the EU and the Member States’ response to environmental issues and pose a problem for everyone, but in particular for the Member States that are trying to deal with the environmental issue. Therefore, it is my thesis purpose to provide clarity on the complexities of the State aid control system for lawmakers, enabling them to legislate on environmental taxes with full awareness of these complexities. Thereby, lawmakers can, from a bottom-up approach, foster the interpretation of the rules on State aid through their choices within the environmental tax design. Additionally, this thesis provides scholarly insights into the State aid control system’s inconsistencies concerning the interpretation of the rules on State aid in relation to environmental taxes and the integration principle of Article 11 TFEU.
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