Andrew Wolman
Biographic Data
| ID | 6147687 |
|---|---|
| NAME | Andrew Wolman |
| GIVEN NAMES | Andrew |
| FAMILY NAME | Wolman |
| SIGNATURE | WOLMAN A |
| AFFILIATIONS | Hankuk University of Foreign Studies |
| ORCID | 0000-0003-2820-3566 |
| VERIFIED | Yes |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 12 |
| AUTHOR COUNT | 16 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2011 |
| LATEST PUBLICATION YEAR | 2020 |
| H-INDEX | 2 |
Dual Nationality and International Criminal Court Jurisdiction
The International Criminal Court (ICC) can exercise jurisdiction over nationals of states parties. However, it has never been clear whether the Court will automatically recognize a nationality that has been conferred by a state party under its domestic law, nor what criteria it would use to evaluate that nationality should it not be automatically accepted. In December 2019, the Office of the Prosecutor made its first formal pronouncement on the q…
The Role of Departure States in Combating Irregular Emigration in International Law: An Historical Perspective
This article examines the evolution over time of attempts to establish an international law principle that States have a legal responsibility, at least under certain circumstances, to combat irregular emigration, defined as the exit of individuals who would be arriving at their destination in a manner that is not compliant with the destination country’s immigration laws. Through examination of contemporaneous statements and the travaux préparatoi…
Combating Hate Speech at the Local Level: A Comparison of East Asian and European Approaches
Although existing research on hate speech law and policy has focused on the national level, there have been relatively few studies of local government approaches to the issue. This paper takes a step toward filling this gap by comparing hate speech policies in three European cities (Graz, Barcelona and London) with those developed in four East Asian cities (Osaka, Kawasaki, Seoul and Bucheon). These cities were chosen for study because in each ca…
National Human Rights Institutions and Their Sub-National Counterparts
This article outlines and explores the arguments in favor of and in opposition to the establishment of sub-national human rights institutions (such as state and local human rights commissions, ombudsmen and the like) in nations that already possess national human rights institutions. This analysis will be based on an application of prior research findings in the broader field of administrative decentralisation as tailored to the particularities o…
Humanitarian Protection Advocacy in East Asia: Charting a Path Forward
In this article, I make the following three-part argument. Firstly, I claim that despite the fact that a far greater number of asylum-seekers in Japan, Korea, and Mainland China receive humanitarian protection status than receive refugee status, legal advocacy regarding asylum in East Asia disproportionately focuses on refugee law and policy. Secondly, I argue that by neglecting a potentially productive advocacy framework, this disproportionate f…
Chinese Pressure to Repatriate Asylum Seekers: An International Law Analysis
In recent years, China has repeatedly pressured its neighbours to return Chinese asylum seekers, even when those individuals merit protection under the Refugee Convention. The implications of such pressure are serious, both for the individuals involved, who have in many cases been imprisoned or executed upon repatriation, and for the refugee systems of China’s neighbours, which struggle to follow the rule of law in the face of political influence…
Sub-national Human Rights Institutions: A Definition and Typology
Saeteomin Asylum Seekers: The Law and Policy Response
Over the past decade, developed countries have received significant numbers of North Korean asylum seekers. Some of these asylum seekers have managed to travel to developed countries without first travelling to South Korea. It has gradually become clear that many others are so-called ‘Saeteomin’ or ‘new settlers’, meaning North Koreans who have first settled in South Korea. This article will examine the law and policy response of destination coun…
Sub-National Human Rights Institutions and Transgovernmental Networks
Transgovernmental networks have played a prominent role in the evolution and development of national human rights institutions (‘NHRIs’) by promoting cooperation, best practices, and engagement at the international level, and providing NHRIs with legitimacy through the accreditation process. The role that transgovernmental networks play in the development of sub-national human rights institutions (‘SNHRIs’), however, has yet to be examined. This …
Sub-National Human Rights Institutions and the Domestication of International Human Rights Norms
While the domestication of international human rights law has been intensively studied in recent years, little attention has been paid to the domestication role of sub-national human rights institutions, meaning those ombudsmen, human rights commissions, and similar independent non-judicial governmental institutions that possess sub-national mandates, and whose mission includes the implementation of human rights norms. This article demonstrates t…
Japan and international refugee protection norms: Explaining non-compliance
Despite being a wealthy democracy and strong supporter of the international system, Japan has consistently recognized very few refugees. This article explores this conundrum. Specifically, it asks whether Japan’s low recognition rate signifies a lack of compliance with norms of international refugee protection and, after concluding in the affirmative, why this might be the case. The latter question is addressed systematically, using rationalist, …
Human Rights Reports from Illiberal States
Journal Article Human Rights Reports from Illiberal States Get access Andrew Wolman Andrew Wolman * People's Republic of China, State Council Information Office. 2013. Human Rights Record of the United States in 2012.http://www.scio.gov.cn/zxbd/wz/Document/1314582/1314582.htm (referenced 9 May 2014). Russian Federation, Ministry of Foreign Affairs. 2014. Report on the Human Rights in the European Union.http://orientalreview.org/wp-content/uploads…
Welcoming a New International Human Rights Actor? The Participation of Subnational Human Rights Institutions at the UN
Subnational human rights institutions are often thought of as distinctly local bodies, addressing human rights concerns within their jurisdictions with little attention to the processes and mechanisms of the wider international human rights regime. This article shows that this description is no longer necessarily accurate. Rather, subnational human rights institutions can and do participate in the UN human rights regime in a number of important w…
The relationship between national and sub-national human rights institutions in federal states
The rapid spread of national human rights institutions represents one of the most important developments in the human rights movement in recent years. Many federal states have joined this global trend by creating national human rights institutions, state human rights institutions, or both. This article presents an empirical comparison of how such states have addressed the federal division of power and responsibility concerns that have arisen in s…
North Korean Asylum Seekers and Dual Nationality
In recent years an increasing number of North Korean escapees have attempted to claim asylum outside of South Korea. One of the principal legal questions that tribunals face when addressing these claims is whether these asylum seekers should be considered as dual North/South Korean nationals, and, if so, whether that would disqualify them from refugee status due to article 1(A)(2) of the 1951 Refugee Convention. This states that an asylum seeker …
Protection for Chinese Nationals Who Have Provided Humanitarian Assistance to North Korean Escapees: Recent Developments in U.S. Immigration Law
For many years, Chinese nationals threatened with torture or persecution for their role in helping North Korean escapees had little success gaining protection from removal in U.S. courts. In 2009 and 2010, however, some courts bucked this trend, showing a greater acceptance of both the dangers faced by Chinese nationals suspected of assisting North Koreans, and the political nature of their actions. However, inconsistency remains on the fundament…
Sub-National Human Rights Institutions and the Domestication of International Human Rights Norms
While the domestication of international human rights law has been intensively studied in recent years, little attention has been paid to the domestication role of sub-national human rights institutions, meaning those ombudsmen, human rights commissions, and similar independent non-judicial governmental institutions that possess sub-national mandates, and whose mission includes the implementation of human rights norms. This article demonstrates t…
Japan and international refugee protection norms: Explaining non-compliance
Despite being a wealthy democracy and strong supporter of the international system, Japan has consistently recognized very few refugees. This article explores this conundrum. Specifically, it asks whether Japan’s low recognition rate signifies a lack of compliance with norms of international refugee protection and, after concluding in the affirmative, why this might be the case. The latter question is addressed systematically, using rationalist, …
Welcoming a New International Human Rights Actor? The Participation of Subnational Human Rights Institutions at the UN
Subnational human rights institutions are often thought of as distinctly local bodies, addressing human rights concerns within their jurisdictions with little attention to the processes and mechanisms of the wider international human rights regime. This article shows that this description is no longer necessarily accurate. Rather, subnational human rights institutions can and do participate in the UN human rights regime in a number of important w…
The relationship between national and sub-national human rights institutions in federal states
The rapid spread of national human rights institutions represents one of the most important developments in the human rights movement in recent years. Many federal states have joined this global trend by creating national human rights institutions, state human rights institutions, or both. This article presents an empirical comparison of how such states have addressed the federal division of power and responsibility concerns that have arisen in s…
Combating Hate Speech at the Local Level: A Comparison of East Asian and European Approaches
Although existing research on hate speech law and policy has focused on the national level, there have been relatively few studies of local government approaches to the issue. This paper takes a step toward filling this gap by comparing hate speech policies in three European cities (Graz, Barcelona and London) with those developed in four East Asian cities (Osaka, Kawasaki, Seoul and Bucheon). These cities were chosen for study because in each ca…
Humanitarian Protection Advocacy in East Asia: Charting a Path Forward
In this article, I make the following three-part argument. Firstly, I claim that despite the fact that a far greater number of asylum-seekers in Japan, Korea, and Mainland China receive humanitarian protection status than receive refugee status, legal advocacy regarding asylum in East Asia disproportionately focuses on refugee law and policy. Secondly, I argue that by neglecting a potentially productive advocacy framework, this disproportionate f…
Chinese Pressure to Repatriate Asylum Seekers: An International Law Analysis
In recent years, China has repeatedly pressured its neighbours to return Chinese asylum seekers, even when those individuals merit protection under the Refugee Convention. The implications of such pressure are serious, both for the individuals involved, who have in many cases been imprisoned or executed upon repatriation, and for the refugee systems of China’s neighbours, which struggle to follow the rule of law in the face of political influence…
Protection for Chinese Nationals Who Have Provided Humanitarian Assistance to North Korean Escapees: Recent Developments in U.S. Immigration Law
For many years, Chinese nationals threatened with torture or persecution for their role in helping North Korean escapees had little success gaining protection from removal in U.S. courts. In 2009 and 2010, however, some courts bucked this trend, showing a greater acceptance of both the dangers faced by Chinese nationals suspected of assisting North Koreans, and the political nature of their actions. However, inconsistency remains on the fundament…
North Korean Asylum Seekers and Dual Nationality
In recent years an increasing number of North Korean escapees have attempted to claim asylum outside of South Korea. One of the principal legal questions that tribunals face when addressing these claims is whether these asylum seekers should be considered as dual North/South Korean nationals, and, if so, whether that would disqualify them from refugee status due to article 1(A)(2) of the 1951 Refugee Convention. This states that an asylum seeker …
The relationship between national and sub-national human rights institutions in federal states
The rapid spread of national human rights institutions represents one of the most important developments in the human rights movement in recent years. Many federal states have joined this global trend by creating national human rights institutions, state human rights institutions, or both. This article presents an empirical comparison of how such states have addressed the federal division of power and responsibility concerns that have arisen in s…
Human Rights Reports from Illiberal States
Journal Article Human Rights Reports from Illiberal States Get access Andrew Wolman Andrew Wolman * People's Republic of China, State Council Information Office. 2013. Human Rights Record of the United States in 2012.http://www.scio.gov.cn/zxbd/wz/Document/1314582/1314582.htm (referenced 9 May 2014). Russian Federation, Ministry of Foreign Affairs. 2014. Report on the Human Rights in the European Union.http://orientalreview.org/wp-content/uploads…
Welcoming a New International Human Rights Actor? The Participation of Subnational Human Rights Institutions at the UN
Subnational human rights institutions are often thought of as distinctly local bodies, addressing human rights concerns within their jurisdictions with little attention to the processes and mechanisms of the wider international human rights regime. This article shows that this description is no longer necessarily accurate. Rather, subnational human rights institutions can and do participate in the UN human rights regime in a number of important w…
Saeteomin Asylum Seekers: The Law and Policy Response
Over the past decade, developed countries have received significant numbers of North Korean asylum seekers. Some of these asylum seekers have managed to travel to developed countries without first travelling to South Korea. It has gradually become clear that many others are so-called ‘Saeteomin’ or ‘new settlers’, meaning North Koreans who have first settled in South Korea. This article will examine the law and policy response of destination coun…
Sub-National Human Rights Institutions and Transgovernmental Networks
Transgovernmental networks have played a prominent role in the evolution and development of national human rights institutions (‘NHRIs’) by promoting cooperation, best practices, and engagement at the international level, and providing NHRIs with legitimacy through the accreditation process. The role that transgovernmental networks play in the development of sub-national human rights institutions (‘SNHRIs’), however, has yet to be examined. This …
Sub-National Human Rights Institutions and the Domestication of International Human Rights Norms
While the domestication of international human rights law has been intensively studied in recent years, little attention has been paid to the domestication role of sub-national human rights institutions, meaning those ombudsmen, human rights commissions, and similar independent non-judicial governmental institutions that possess sub-national mandates, and whose mission includes the implementation of human rights norms. This article demonstrates t…
Japan and international refugee protection norms: Explaining non-compliance
Despite being a wealthy democracy and strong supporter of the international system, Japan has consistently recognized very few refugees. This article explores this conundrum. Specifically, it asks whether Japan’s low recognition rate signifies a lack of compliance with norms of international refugee protection and, after concluding in the affirmative, why this might be the case. The latter question is addressed systematically, using rationalist, …
Sub-national Human Rights Institutions: A Definition and Typology
National Human Rights Institutions and Their Sub-National Counterparts
This article outlines and explores the arguments in favor of and in opposition to the establishment of sub-national human rights institutions (such as state and local human rights commissions, ombudsmen and the like) in nations that already possess national human rights institutions. This analysis will be based on an application of prior research findings in the broader field of administrative decentralisation as tailored to the particularities o…
Humanitarian Protection Advocacy in East Asia: Charting a Path Forward
In this article, I make the following three-part argument. Firstly, I claim that despite the fact that a far greater number of asylum-seekers in Japan, Korea, and Mainland China receive humanitarian protection status than receive refugee status, legal advocacy regarding asylum in East Asia disproportionately focuses on refugee law and policy. Secondly, I argue that by neglecting a potentially productive advocacy framework, this disproportionate f…
Chinese Pressure to Repatriate Asylum Seekers: An International Law Analysis
In recent years, China has repeatedly pressured its neighbours to return Chinese asylum seekers, even when those individuals merit protection under the Refugee Convention. The implications of such pressure are serious, both for the individuals involved, who have in many cases been imprisoned or executed upon repatriation, and for the refugee systems of China’s neighbours, which struggle to follow the rule of law in the face of political influence…
The Role of Departure States in Combating Irregular Emigration in International Law: An Historical Perspective
This article examines the evolution over time of attempts to establish an international law principle that States have a legal responsibility, at least under certain circumstances, to combat irregular emigration, defined as the exit of individuals who would be arriving at their destination in a manner that is not compliant with the destination country’s immigration laws. Through examination of contemporaneous statements and the travaux préparatoi…
Combating Hate Speech at the Local Level: A Comparison of East Asian and European Approaches
Although existing research on hate speech law and policy has focused on the national level, there have been relatively few studies of local government approaches to the issue. This paper takes a step toward filling this gap by comparing hate speech policies in three European cities (Graz, Barcelona and London) with those developed in four East Asian cities (Osaka, Kawasaki, Seoul and Bucheon). These cities were chosen for study because in each ca…
Dual Nationality and International Criminal Court Jurisdiction
The International Criminal Court (ICC) can exercise jurisdiction over nationals of states parties. However, it has never been clear whether the Court will automatically recognize a nationality that has been conferred by a state party under its domestic law, nor what criteria it would use to evaluate that nationality should it not be automatically accepted. In December 2019, the Office of the Prosecutor made its first formal pronouncement on the q…
Political science (16 works) · Law (15 works) · Law (10 works) · Human rights (8 works) · Politics (8 works) · Sociology (8 works) · Ombudsman and Human Rights (7 works) · International law (6 works) · Law and economics (6 works) · Human Rights and Development (5 works)