Amy Maguire
Dados Biográficos
| ID | 3781132 |
|---|---|
| NOME | Amy Maguire |
| PRENOMES | Amy |
| SOBRENOME | Maguire |
| ASSINATURA | MAGUIRE A |
| AFILIAÇÕES | University of Newcastle Australia |
| ORCID | 0000-0002-3038-5517 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 15 |
| TOTAL DE CITAÇÕES | 5 |
| TOTAL COMO AUTOR | 15 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2006 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2024 |
| ÍNDICE H | 1 |
National human rights institutions in Australia and Aotearoa New Zealand
Reparations and First Nations’ Legal Rights in Australia
This article explores concepts of loss and reparations under the Australian legal system, examining whether either conceptualisation adequately attends to First Nations’ experiences of intangible loss. Using two case studies – the Stolen Generations and dust disease – this article critiques the typical approaches taken by the Australian legal system in response to injustices inflicted on First Nations Peoples. This article advocates for the Austr…
Beyond migration
Scholarship on displacement caused by the effects of climate change generally approaches displacement as the involuntary movement of people. However, in this article, we argue that there are uncertainties surrounding Climate Change Induced Displacement (CCID) that are partly caused by discursive ambiguity around the notion of ‘displacement’ – a concept that remains poorly defined in the context of climate change research – and a conflation betwee…
Implementing the Sustainable Development Goals post-Covid-19
The United Nations 2030 Agenda for Sustainable Development offers countries an opportunity to align domestic law and policy through its framework of international Sustainable Development Goals (SDGs), in an effort to transform the global community. The success of the SDGs rests on their domestic implementation, which can be judged by measurement against targets. This article demonstrates the variable effects of mixed domestic approaches to implem…
International human rights law – lessons in the era of Covid-19
The COVID-19 pandemic has brought the connections between law and public health into stark relief. The pandemic has demonstrated both the essential nature of global cooperation and international regulation to promote universal rights to life and health, and the potentially harmful impacts of limitations imposed on human rights in time of emergency. It has also tested the international human rights framework, which allows for permissible limitatio…
Human rights and the post-pandemic return to classroom education in Australia
This article identifies tensions between the human rights central to a return to classroom-based education during the COVID-19 pandemic. It notes the complexity of balancing rights to health, education and work for students, teachers and school staff, including for the most vulnerable in those groups. The authors argue that Australia would be well served by a comprehensive human rights framework to support difficult processes of balancing rights …
Performance or performativity? Australia’s membership of the United Nations Human Rights Council
Scholarship to date has analysed the politics surrounding the United Nations Human Rights Council (the Council) and examined the Universal Periodic Review. Less has been uncovered about what states are doing as Council members. Is their human rights ‘performance’, namely their behaviour, enhanced by Council membership? Or is Council membership more about ‘performativity’ – that is, the use of language as a form of action with the intention of eff…
What Is a Refugee
United States President Trump’s ‘Muslim ban’ and ‘Mexican wall’ have attracted outcry and condemnation from courts and members of US and global society. Yet, as the dust settles following his election, Trump’s radical initiatives are finding parallels in the approaches of several conservative governments. From tangible to virtual walls, anti-migrant and anti-refugee practices characterize an increasingly suspicious and securitized global response…
Palestine, self-determination and international justice
The Israel-Palestine dispute is an intractable problem for international law. Palestine demands self-determination, independent statehood and the end of Israeli occupation. Israel demands an end to cross-border attacks, rights to annexed land containing Israeli settlements and sovereignty over Jerusalem. This is a wicked problem of particular relevance to the ongoing dissolution of the State on the world stage. Is Israel's vision of a state as a …
The Bali Nine, Capital Punishment and Australia's Obligation to Seek Abolition
The executions of Australian nationals Andrew Chan and Myuran Sukumaran in April 2015 brought capital punishment to the forefront of public consciousness in Australia. Indonesia carried out their death sentences, and those of six others convicted of drug offences, despite Australia's determined advocacy for clemency. Their deaths represent a tiny fraction of the numbers killed in execution of the death penalty each year, but ought to prompt a ren…
Executive Detention
Australia, Asylum Seekers and Crimes against Humanity
Independent federal MP Andrew Wilkie has requested that the Prosecutor of the International Criminal Court ('ICC') investigate and prosecute the Australian Prime Minister and Cabinet for crimes against humanity. Wilkie alleges that the Australian Government is committing international crimes in its treatment of asylum seekers and refugees, particularly in relation to mandatory immigration detention, deportation and other acts causing suffering an…
Contemporary Anti-Colonial Self-Determination Claims and the Decolonisation of International Law
The most prominent engagement of self-determination was in the decolonisation era, when the right facilitated the emergence to independence of formerly colonised ‘peoples’. The newly decolonised states met the ‘salt-water’ test of colonialism. Some contemporary commentators argue that self-determination’s mission of decolonisation is now complete. Self-determination is less frequently asserted today; however, contemporary ‘hard cases’ remain. Som…
Law Protecting Rights
In light of the continuing state dominance of international legal relations, it is questionable whether international law adequately protects the right of self-determination. Yet, as it is enshrined in international law, self-determination retains great emancipatory promise. It is therefore essential that the law of self-determination, and its means of implementation, further evolve in order to harness the right’s full potential in the wide range…
Discourses in Transition
This article employs data gathered in Lebanon, Northern Ireland and South Africa as part of a project entitled 'Re-Imagining Women's Security and Participation in Post-Conflict Societies'. It refl ects on three different 'imaginings' of security-the state security discourse, the human security discourse and a gendered security approach-with the aim of showing that security discourses are currently undergoing a process of transition which parallel…
Discourses in Transition
This article employs data gathered in Lebanon, Northern Ireland and South Africa as part of a project entitled 'Re-Imagining Women's Security and Participation in Post-Conflict Societies'. It refl ects on three different 'imaginings' of security-the state security discourse, the human security discourse and a gendered security approach-with the aim of showing that security discourses are currently undergoing a process of transition which parallel…
Discourses in Transition
This article employs data gathered in Lebanon, Northern Ireland and South Africa as part of a project entitled 'Re-Imagining Women's Security and Participation in Post-Conflict Societies'. It refl ects on three different 'imaginings' of security-the state security discourse, the human security discourse and a gendered security approach-with the aim of showing that security discourses are currently undergoing a process of transition which parallel…
Law Protecting Rights
In light of the continuing state dominance of international legal relations, it is questionable whether international law adequately protects the right of self-determination. Yet, as it is enshrined in international law, self-determination retains great emancipatory promise. It is therefore essential that the law of self-determination, and its means of implementation, further evolve in order to harness the right’s full potential in the wide range…
Contemporary Anti-Colonial Self-Determination Claims and the Decolonisation of International Law
The most prominent engagement of self-determination was in the decolonisation era, when the right facilitated the emergence to independence of formerly colonised ‘peoples’. The newly decolonised states met the ‘salt-water’ test of colonialism. Some contemporary commentators argue that self-determination’s mission of decolonisation is now complete. Self-determination is less frequently asserted today; however, contemporary ‘hard cases’ remain. Som…
Australia, Asylum Seekers and Crimes against Humanity
Independent federal MP Andrew Wilkie has requested that the Prosecutor of the International Criminal Court ('ICC') investigate and prosecute the Australian Prime Minister and Cabinet for crimes against humanity. Wilkie alleges that the Australian Government is committing international crimes in its treatment of asylum seekers and refugees, particularly in relation to mandatory immigration detention, deportation and other acts causing suffering an…
The Bali Nine, Capital Punishment and Australia's Obligation to Seek Abolition
The executions of Australian nationals Andrew Chan and Myuran Sukumaran in April 2015 brought capital punishment to the forefront of public consciousness in Australia. Indonesia carried out their death sentences, and those of six others convicted of drug offences, despite Australia's determined advocacy for clemency. Their deaths represent a tiny fraction of the numbers killed in execution of the death penalty each year, but ought to prompt a ren…
Executive Detention
What Is a Refugee
United States President Trump’s ‘Muslim ban’ and ‘Mexican wall’ have attracted outcry and condemnation from courts and members of US and global society. Yet, as the dust settles following his election, Trump’s radical initiatives are finding parallels in the approaches of several conservative governments. From tangible to virtual walls, anti-migrant and anti-refugee practices characterize an increasingly suspicious and securitized global response…
Palestine, self-determination and international justice
The Israel-Palestine dispute is an intractable problem for international law. Palestine demands self-determination, independent statehood and the end of Israeli occupation. Israel demands an end to cross-border attacks, rights to annexed land containing Israeli settlements and sovereignty over Jerusalem. This is a wicked problem of particular relevance to the ongoing dissolution of the State on the world stage. Is Israel's vision of a state as a …
Performance or performativity? Australia’s membership of the United Nations Human Rights Council
Scholarship to date has analysed the politics surrounding the United Nations Human Rights Council (the Council) and examined the Universal Periodic Review. Less has been uncovered about what states are doing as Council members. Is their human rights ‘performance’, namely their behaviour, enhanced by Council membership? Or is Council membership more about ‘performativity’ – that is, the use of language as a form of action with the intention of eff…
Human rights and the post-pandemic return to classroom education in Australia
This article identifies tensions between the human rights central to a return to classroom-based education during the COVID-19 pandemic. It notes the complexity of balancing rights to health, education and work for students, teachers and school staff, including for the most vulnerable in those groups. The authors argue that Australia would be well served by a comprehensive human rights framework to support difficult processes of balancing rights …
International human rights law – lessons in the era of Covid-19
The COVID-19 pandemic has brought the connections between law and public health into stark relief. The pandemic has demonstrated both the essential nature of global cooperation and international regulation to promote universal rights to life and health, and the potentially harmful impacts of limitations imposed on human rights in time of emergency. It has also tested the international human rights framework, which allows for permissible limitatio…
Beyond migration
Scholarship on displacement caused by the effects of climate change generally approaches displacement as the involuntary movement of people. However, in this article, we argue that there are uncertainties surrounding Climate Change Induced Displacement (CCID) that are partly caused by discursive ambiguity around the notion of ‘displacement’ – a concept that remains poorly defined in the context of climate change research – and a conflation betwee…
Implementing the Sustainable Development Goals post-Covid-19
The United Nations 2030 Agenda for Sustainable Development offers countries an opportunity to align domestic law and policy through its framework of international Sustainable Development Goals (SDGs), in an effort to transform the global community. The success of the SDGs rests on their domestic implementation, which can be judged by measurement against targets. This article demonstrates the variable effects of mixed domestic approaches to implem…
Reparations and First Nations’ Legal Rights in Australia
This article explores concepts of loss and reparations under the Australian legal system, examining whether either conceptualisation adequately attends to First Nations’ experiences of intangible loss. Using two case studies – the Stolen Generations and dust disease – this article critiques the typical approaches taken by the Australian legal system in response to injustices inflicted on First Nations Peoples. This article advocates for the Austr…
National human rights institutions in Australia and Aotearoa New Zealand
Political science (15 obras) · Law (14 obras) · Law (12 obras) · Sociology (10 obras) · Human rights (6 obras) · Business (4 obras) · Coronavirus disease 2019 (COVID-19 (3 obras) · Criminology (3 obras) · International law (3 obras) · International Law and Human Rights (3 obras)