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Edited by Mara Tignino and Christian Bréthaut

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Tine De Moor

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Edited by Samuel Cogolati and Jan Wouters

Given the new-found importance of the commons in current political discourse, it has become increasingly necessary to explore the democratic, institutional, and legal implications of the commons for global governance today. This book analyses and explores the ground-breaking model of the commons and its relation to these debates.
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Michel Bauwens

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Edited by Mara Tignino and Christian Bréthaut

Recent decades have seen pivotal changes in the management and protection of water resources, with human rights, environmental and water law each developing a strong interest in the conservation of fresh water. This surge in interest has meant that dispute settlement mechanisms, along with diplomatic tools, are becoming increasingly necessary for conflict resolution. This Handbook offers an analysis of the interaction between law and various forms of knowledge and expertise, ranging from economics to environmental and social sciences. Leading scholars examine general and specific water legal regimes and analyse the interplay between various disciplines in order to establish the extent to which law is informed by each.
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Edited by Mary Crock and Lenni B. Benson

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Savitri Taylor

The principal domestic mechanism through which Australia gives effect to its protection obligations under the UN Convention Relating to the Status of Refugees, and under other human rights treaties, is the protection visa. This chapter describes the procedural treatment of asylum-seeking children in Australia and considers whether it is compliant with Australia’s obligations under key provisions of the Convention on the Rights of the Child. This chapter adds to the existing literature by examining the treatment of all asylum-seeking children and by focusing on legislative and policy changes in 2014 and 2015 affecting procedural rights at the primary and merits review stage of the protection visa application process.

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Mary Crock and Lenni B. Benson

In this introductory chapter we identify themes that will be carried throughout the book. We begin in section 2 with a discussion of the human rights challenges presented by children on the move, posing questions that our contributors will address as they build on the themes we identify. This is followed by an examination of obstacles that have been created to recognizing child migrants as rights bearers. After setting out in section 4 a brief outline of the book’s structure, the chapter concludes with some comments on global initiatives that have been made to address the challenges associated with mass migration, on the one hand, and of forced movement of refugees, on the other. We will argue that the uncertainty and risks facing the world in the new millennium certainly constitute problems – but they also offer opportunities for positive change. Four foundational principles inform our discussion of how states should respond to children on the move. The first is that childhood is unique in that the status of being a child is transitory and (absent disabilities) the capacities of children evolve as children age. Second, it follows that children require special protection and assistance, most particularly in their younger and adolescent years, if they are to develop and thrive. The third point is that procedural accommodations should be made for children in recognition of the physical and cognitive stages of their development. The fourth and final principle both flows from and unites the three that precede it. It is that the treatment of child migrants matters because it has long-term consequences – both for the children themselves and for their host communities.

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Kathryn E. van Doore

Children are increasingly on the move in, through and out of South East Asia for independent voluntary migration, or due to forced migration, or trafficking. This chapter examines how the best interests principle embodied in the Convention on the Rights of the Child intersects with the issue of child migration and trafficking in the Association of South East Asian Nations (ASEAN) region. It asserts that South East Asia is in a unique position to adopt a child rights-based approach to child trafficking and migration policy regionally with the best interests of the child as the paramount consideration.