Papers by Jean-Pierre Gauci
IEEE technology & society magazine, 2024
Routledge eBooks, May 24, 2024
Selected Topics in Migration Studies, 2023
The New Federalist, Mar 19, 2021
Le Taurillon, Aug 5, 2021
Cambridge University Press eBooks, Jun 29, 2023
; Leerkes, Os and Boersema (n 3) 2; Lietaert, Broekaert and Derluyn (n 1) 962. 14 Constitution of... more ; Leerkes, Os and Boersema (n 3) 2; Lietaert, Broekaert and Derluyn (n 1) 962. 14 Constitution of the International Organization for Migration (Intergovernmental Committee for European Migration, 1953) art 1, para 1(d), amended 1989. Notably, the Constitution does not explicitly indicate that IOM may provide services in support of returns only when they are voluntary; under the 'permissive provisions' of the IOM Constitution, the agency engages in a wide range of activities that are not expressly provided for in its constitutive document.
University of Malta, 2009
Springer International Publishing eBooks, 2022
This international conference set out to chart new trends in migration, asylum and policymaking i... more This international conference set out to chart new trends in migration, asylum and policymaking in Latin America. The key question behind the conference was whether the migration and asylum policies developed in Latin America over the past decade offer a new model distinct from the increasingly restrictive and securitized policies of European and North American States. The key questions the conference sought to tackle were the following: Is Latin America moving towards a liberal exceptionalism in the field of migration and asylum policy-making? And if so, what explains this liberal paradigm shift? Regional and country specific perspectives where presented through four panels, which brought together leading specialists from Latin America, the US and Europe to showcase and debate these novel developments
Social Sciences
This paper critically engages with the long-term protection of trafficked persons. In particular,... more This paper critically engages with the long-term protection of trafficked persons. In particular, it assesses whether, and the conditions under which, trafficked persons can be considered as refugees under Article 1A of the Geneva Refugee Convention. The importance of international refugee law in this context is highlighted both by the number of trafficked persons seeking international protection and by its suitability to overcome the shortcomings of existing protection provisions in anti-trafficking instruments, which remain discretionary, conditional, and limited in scope. The paper begins by discussing the relevance of refugee protection for trafficked persons. It then applies the various components of the refugee definition to trafficked persons, focusing on the concepts of persecution and membership of a particular social group. Within these, it focuses on aspects of the debate that are currently missing from the broader literature. This includes the question of whether traffic...
This report is published as part of the 'Determinants of Anti-Trafficking Efforts' Project. The p... more This report is published as part of the 'Determinants of Anti-Trafficking Efforts' Project. The project assesses the links and sequencing of specific factors that have yielded improved political will and capacity in national governments to address trafficking in persons and which have led to sustained and comprehensive antitrafficking efforts. Through a multi-pronged approach, this project will conduct a review/meta-analysis of the current research and contribute a new data-set through expert interviews, a first of its kind global survey and a series of 14 case studies.
Preface x we look back we see great changes. For example: human rights-though it was only with Pr... more Preface x we look back we see great changes. For example: human rights-though it was only with President Carter that governments began to take them seriously; climate charge-what was divisive, and indeed doubted, we now see as a serious subject for legal study; and international criminal law-with its establishment of international courts and tribunals, including the International Criminal Court-this topic in 30 years has gone from zero to seemingly all-consuming for young writers. I am also very pleased to see that the theory of international law is far from dead. So new topics will come, and I know that British writers will rise to the challenge, as will its leading text books. It seems very likely that the valuable underpinnings of the classical, essential demands of international law will continue as British contributions, as will engagement in contemporary issues. These books are testament to the breadth and strength of British contributions to international law, as well as its ongoing influence.
In 2020, there were 155 million acutely food-insecure people worldwide, with conflict and insecur... more In 2020, there were 155 million acutely food-insecure people worldwide, with conflict and insecurity classified as the largest single driver for almost 100 million people. While conflict can contribute to food crises in multiple ways, increasingly, the deliberate targeting of food is receiving greater attention. In 2018, the UN Security Council unanimously adopted Resolution 2417, recognizing the link between conflict and hunger, and condemning the use of starvation of civilians as a method of warfare. Since then, the use of starvation tactics against civilians in armed conflicts has been reported in South Sudan, Syria and Yemen, among others.peer-reviewe
On 2nd April 2020 the British Institute of International and Comparative Law convened a webinar e... more On 2nd April 2020 the British Institute of International and Comparative Law convened a webinar entitled ‘Ideas and Perspectives for a Climate Emergency Bill: Developing a Toolkit for Legislators to Tackle Climate Change’. The webinar was convened in collaboration with Landmark Chambers and Rights Community Action. The event discussed legal developments in the field of climate change from a comparative perspective, emphasising the legislative solutions developed in the UK, France and Denmark. The focus of the event was on the possibility and need for a new Climate Emergency Act in the UK. The webinar, which followed an event on climate change litigation held in January 2020, was part of the programme of work on climate change and environmental law being developed by BIICL. The webinar recording is available on the BIICL website. This report provides an overview of the discussions and synthesises some of the conclusions.
Blog post addressing the way in which ad hoc, situation-specific forms of solidarity have taken o... more Blog post addressing the way in which ad hoc, situation-specific forms of solidarity have taken over migration management in the Mediterranean and the implications for the EU, Solidarity more broadly and displaced persons.
'Boat Refugees' and Migrants at Sea: A Comprehensive Approach, 2017
British Contributions to International Law, 1915-2015 (Set), 2020
International Journal of Migration and Border Studies, 2018
On 19 September 2016, the UNGA adopted the New York Declaration for Refugees and Migrants through... more On 19 September 2016, the UNGA adopted the New York Declaration for Refugees and Migrants through which States committed to developing two compacts: one on refugees and one on safe, orderly and regular migration. The Zero Drafts of the compacts were published on 31 January 2018 and 5 February 2018, respectively. The move towards the discussion and adoption of the global compacts comes in part in recognition of the unprecedented number of displaced persons (and human mobility more generally) around the globe and cynically in response to the number of would be asylum seekers that arrived on Europe's shores over the past three years. This paper seeks to engage with what the global compacts should seek to achieve in relation to smuggling and trafficking and whether there is room for cautious optimism in what might be achieved by the compacts in relation to the protection of smuggled migrants and trafficked persons. In so doing, it focuses on the potential of the compacts within the existing framework of the UN protocols against human smuggling and human trafficking.
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Papers by Jean-Pierre Gauci
The Editors’ introduction explains why, of all the multifarious British contributions, these are the ones that have had the most enduring impact upon the development of international law, from a global perspective. The sheer quality in these texts speaks for itself; these are the must-read and must-keep classic pieces for all interested in international law and the uniquely British contributions to it.
The Role of Legal Advisers in International Law sheds light on the position, activities and influence of legal advisers in the domain of international law. This is a novel and edifying perspective in that it surveys and appraises important undertakings of legal advisers in domestic and international legal forums and their role in the development, interpretation and application of international law.
Building upon their extensive knowledge and experience, contributors to the book analyse themes such as influence of various legal traditions (including the British) on the work of legal advisers, their position in the diplomatic decision-making process, the role of ethics in providing legal advice, and their contributions – in various forms – to the development and strengthening of the international legal system.
The contributors to the book have examined an array of different issues. These include British influences on treaty-making, recognition and immunity, as well as on specific fields of international law, such as armed conflict, criminal law, environment and human rights. It has commentary on the British influence on the sources of international law, including by its courts and Foreign Office, in the development of the European Union and in the idea of a professional international lawyer. There are also reflections on many of the key people over the century.
The book provides a novel perspective, which surveys and appraises the contributions of British people and institutions in domestic and international legal forums and their key role in the development, interpretation and application of international law.
In June 2018 the British Institute of International and Comparative Law (BIICL) has completed a project on the legal significance of certain acts involving the use of force in relation to territorial disputes, especially when altering the status quo in disputed territories, continental or island.
With an area of just over 316 km², Malta is the smallest EU Member State (MS) and one of the most densely populated countries in the world. Malta’s geographical position in the centre of the Mediterranean and the legacy of 7,000 years of colonization, as well as of the times of strife and destitution are among the factors that have interacted to create the country’s unique and complex migration narrative.
Over the recent years, most prominently, following its EU membership, Malta has turned from a country of emigration to a country of immigration – a reality that presents both challenges and opportunities. For many EU nationals, and others coming from further afield, Malta is the chosen destination for employment, retirement, or studies, coupled with the Mediterranean climate and lifestyle. Furthermore, located at the EU’s external borders, just 1,000 km off the coast of Libya, for more than a decade Malta has been receiving refugees and migrants, mainly from sub-Saharan Africa, North Africa and the Middle East. For them, Malta may represent a place of refuge, a new home, or only transit point in their journey, but not necessarily a destination of choice.
I am confident we can do a Brexit deal which puts jobs and prosperity first, that reassures employers that they will still be able to access the talent they need, that keeps our market for goods, services and capital open, achieves early agreement on transitional arrangements so trade can carry on flowing smoothly.
He repeated this on BBC Radio 4 yesterday morning.
He has some strong support in international law for having transitional measures in similar situations. For example, in the area of international investment law, many of the bilateral investment treaties (BITs) include transitional arrangements. A review of over 100 UK BITs indicates that they normally provide for transition arrangements.
The 1951 Refugee Convention is the subject of hot debate in the face of a surge in global displacement impacting upon Europe in particular. In the wake of renewed calls for the revision or repeal of the 1951 Refugee Convention, this paper critically engages with the instrument and discusses its current purpose as both a source and a statement of rights and obligations for refugees and States alike. It first shows that given the developments in international human rights law and regional refugee law instruments, the impact of such a repeal would be politically symbolic rather than legally meaningful.
The paper goes on to argue that a critical aspect of the contemporary relevance of the 1951 Refugee Convention and a potential renewed function/aspiration, is for it to act as an a catalyst for inter-State cooperation as urged by its preamble, especially when read in conjunction with Article 35 of the 1951 Refugee Convention. The paper discusses the meaning of these requirements and their implications in practice. For instance, in light of varied definitions of who is a refugee worldwide, the scope of who can be subject to inter-State responsibility sharing becomes problematic.
The paper concludes by making a number of recommendations on how the 1951 Refugee Convention’s provisions could be understood and amended in order to ensure more effective protection and indeed how the international legal, policy and institutional mechanisms should engage with current displacement trends.
It will start by analysing the protection provisions of the international trafficking protocol, the CoE Trafficking Convention, the existing EU Directive (Council Directive 2004/81/EC of 29 April 2004) as well as the proposal for a revised directive presented by the European Commission in March 2010 (COM(2010)95). The paper will seek to assess these instruments against a human rights and ‘victim-centred’ approach that places the rights of trafficked persons at the core. In doing so, it will examine whether the promise of human rights and protection concerns as a priority of these instruments goes further then mere rhetoric. It will address issues of conditionality (including the condition of collaboration), time-scales and duration. It will then also delve into the actual content of the protection granted such as access to medical and psychological support, consideration of vulnerability, access to legal assistance, access to the state’s labour market and education system as well as long-term residence and stability issues.
The difficulties in accessing long term and stable protection, which marks the challenging scenario for trafficked persons will be highlighted in reflecting how difficult the way out can be for trafficked persons. The paper concludes that whilst some human rights elements have been incorporated within the relevant international criminal law instruments, the rhetoric has yet to be matched by concrete prioritisation.
It seeks to answer the dual question of whether the human rights provisions within the trafficking framework are sufficient and, second, whether and how (if at all) other instruments within the international human rights framework can supplement the provisions.
It will start by analysing the protection provisions of the international trafficking protocol, the CoE Trafficking Convention, the existing EU Directive (Council Directive 2004/81/EC of 29 April 2004) as well as the proposal for a revised directive presented by the European Commission in March 2010 (COM(2010)95). The paper will seek to assess these instruments against a human rights and ‘victim-centred’ approach that places the rights of trafficked persons at the core whilst examining whether the promise of human rights and protection concerns as a priority of these instruments goes further then mere rhetoric.
This (consolidated) framework will then be compared to the international and European law instruments for international protection, namely the refugee law provisions by comparing the proposed protection in this framework to the content of protection available to refugees (and other beneficiaries of international protection) under both the Geneva Refugee Convention and the Qualifications Directive as well as the proposed revisions to the same directive (COM(2009) 551).
The comparison will address issues of conditionality (including the condition of collaboration), time-scales and duration. It will then also delve into the actual content of the protection granted such as access to medical and psychological support, consideration of vulnerability, access to legal assistance, access to the state’s labour market and education system as well as long-term residence and stability issues. Moreover, the legal weight and likely practical impact of each of these instruments on the reality of the ground will also be considered. Furthermore, indirectly, the paper will also address the developments within the European legal framework by addressing the positive changes brought forward by the proposed directives in both fields. The difficulties in accessing long term and stable protection, which marks the challenging scenario for trafficked persons will be highlighted in reflecting how ‘dark’ the way out can be for trafficked persons.
Racism is a reality in the lives of many ethnic and religious minorities in the EU. However, the extent and manifestations of this reality are often unknown and undocumented, especially in official data sources, meaning that it can be difficult to analyse the situation and to establish solutions to it. Even where there is extensive official data, NGOs offer a vital alternative data source that comes directly from experiences of those individuals and communities experiencing racism on a daily basis.
The ENAR Shadow Reports are produced to fill the gaps in the official and academic data, to offer an alternative to that data and to offer an NGO perspective on the realities of racism with the EU and its Member States. NGO reports are, by their nature, based on many sources of data, official, unofficial, academic and experiential. This allows access to information which, while sometimes not backed up by the rigours of academic standards, provides the vital perspective of those that either are or work directly with those affected by the racism that is the subject of the research. It is this that gives NGO reports their added value, complementing academic and official reporting.
Deadline: 23 July 2023
Find our more here: https://www.biicl.org/blog/62/call-for-papers-vulnerability-in-and-across-international-law
The workshop will examine the scope and process of reform in international law. The following are examples of general questions to be considered:
What are the factors (e.g. - crises) that inspire and push reforms in international law?
Who are the players that are and/or should be involved in reforming the international system?
What are the risks of reforming or not reforming the existing system?
Is incremental reform sufficient or is a system transformation required?