Protection Regime Research Articles

Trajectories and drivers signalling the end of agricultural abandonment in Trás-os-Montes, Portugal

Agricultural abandonment has given rise to novel landscape dynamics worldwide. This paper investigates abandonment and post-abandonment dynamics in continental Portugal as a hotspot of landscape change. We mapped the spatial patterns and drivers of recent (1995–2018) land use changes in a remote mountainous region as post-abandonment trajectories, based on detailed land use/land cover data made available by the Portuguese government. We showed that ‘Revegetation’ trajectories, indicative of agricultural abandonment, were still widespread between 1995 and 2007. However, between 2007 and 2018, the landscape was much more stable with ‘Return to agriculture’ as the dominant change trajectory. To understand what drives landscape changes after abandonment, we explored the influence of a wide range of potential biogeophysical and socio-economic drivers on the observed trajectories. We contrasted different landscape outcomes in binary logistic regression models with the potential underlying drivers as independent variables. The regressions revealed that the most significant determinants of these alternating dynamics are existing land use, climate, slope, protection regime and accessibility. The results of the regressions are at times counterintuitive and give important indications of the changing spatio-temporal scales at which these variables exert influence on the landscape outcomes. However, the regression models’ limited accuracies highlight the need for deeper investigation of the socio-economic and historic context of the observed changes. Improved understanding of the (drivers of) alternative dynamics following agricultural abandonment can help inform policy decisions regarding agriculture and cultural landscape preservation.

PROTECTION OF FOREIGN INVESTMENT IN INDIA: A HISTORICAL ANALYSIS

International investment agreements are the tools of international law by which two or more countries give reciprocal assurance for the protection of foreign investment in their countries. Long before there was no such regime of international property protection. In colonial time the foreign property was subject of the law of foreigner. At that time there was no certainty in international property regime. India had paid heavy price for the same. This paper tries to map out the whole journey of development of international property protection in India. In the first part paper tries to find out the international rule for the protection of foreign property in India. Unfortunately there was no such universal regime prevalent in any part of the world for the protection of foreign property. Second part deals with the development of International property protection in in post-colonial period. In this period newly independent colonies did not trust the foreigners due to its chequered history. Third part deals with the period after liberalization, privatisation and globalisation. In this period India had embraced the international investment law regime as an overall strategy of liberalization, privatisation and globalisation. In this period India had signed most of its International investment agreements. However, in this period India also faced with multiple investment claims by many foreign investors. In wake of these investment claims India had recently spelled out its new Model BIT and terminated its most of the International investment agreements. And finally concludes that there is some problem with the new Model BIT due to which Indian government still facing difficulty in inking new international investment agreements with the countries with whom India has had deep economic ties.

Characterization of contractual relations in digital turnover

The article is devoted to identifying the peculiarities of contractual relations in digital circulation. Digital turnover is becoming increasingly widespread, which leads to the emergence of new forms of contractual relations characterized by significant differences. The purpose of the article is to reveal the characteristics and peculiarities of contractual relations arising within the framework of digital civil turnover. The study of contractual relations in digital circulation is necessitated by the lack of sustainable legal regulation of this area which requires further improvement. The peculiarity of building relations in digital circulation is associated with its technical properties, primarily the need to gain access to digital platforms for the exercise of subjective rights by users. The author emphasizes that the exercise of subjective rights in digital circulation can be realized only through the use of complex intellectual property objects, in particular, those combining computer programs, databases, music, animation objects, photographs, etc. The author proposes to distinguish the following types of relations in the field of digital circulation: 1) regarding the creation and maintenance of digital circulation (legal regime of intellectual property rights); 2) organizational relations in the field of business administration of the digital environment (corporate, labor relations with the appropriate legal regime); 3) between the user and the administrator of the relevant digital environment (contractual regulation, with elements of the legal regime of personal data protection); 4) between users of the digital space regarding digital assets (a complex regime of legal regulation which may combine the legal regimes of. The author emphasizes that contractual relations in digital circulation are based on both civil law and rules and standards used in electronic systems. It is proved that different types of relations require a comprehensive application of different legal norms and are mediated by different agreements, such as: license agreements; agreements for the provision of digital services (cloud storage, marketplaces); sale and purchase of goods; exchange and pledge of digital assets; token agreements (regulating the use of cryptocurrencies and other tokens in digital ecosystems), etc.

Digital Data Protection Laws : A Review

Over the past couple of years, India has noted the significance of digital data and its protection. This article talks about the arising and present regime of India’s laws on digital data protection, specifically diving into the Digital Personal Data Protection Act, 2023. This act has tried to balance the scales between individual privacy rights and the economic growth that needs to be brought about by data-driven economic progress. A comparative study regarding data protection laws in the UK and US have been established, and this has been compared with DPDP 2023 in order to provide suggestions for improvements for the act. This paper examines various provisions, objects, and shortcomings of the DPDP Act, bringing into sharper focus areas of concern, notably government exemptions, data localization, and inadequacies in regard to a strong data protection authority. The article concludes with comparative analysis to shed light on strengthening the data protection regime in India and also makes some recommendations for future legislation in the light of emerging technologies like AI.

Legal Safeguards to Control Contractual Imbalance through Framing a Protective Consumer Regime in Consumer Contracts

Of late, the issue of consumer contracts has received significant attention from policymakers due to the important expansion of family loans and the resulting financial crises and economic instability in the entire world. Consumer contracts are characterized by the presence of two parties: a vendor party, which is often a financial company, and a weak party, which is the consumer. The vendor party usually sets conditions that suit its interests, including conditions that are arbitrary and have a clear legal defect that harms the weak party in the contractual relationship, creating a clear imbalance between the rights and obligations of the two parties. Utilizing the descriptive and analytical research approach, this article examines the legal safeguards to control contractual imbalance by framing a protective consumer regime in consumer contracts. The research not only invites readers to reconsider perceptions but also aims to enrich our understanding of legal safeguards to control contractual imbalance in consumer contracts.

Unpacking cross‐country variations in domestic worker protection regimes: Adopting a policy regime perspective

Domestic workers are some of the most vulnerable and least protected workers in the world. However, there is significant variation in domestic worker protections across countries. Using a policy regime perspective, I unpack how differing ideas, institutional arrangements and interest groups inform differences in the degree of legal protections that a country provides domestic workers. I posit that only if all three of these building blocks are present and supportive will a country institute a strong domestic worker protection regime. I apply this model to explain the incomplete/weak domestic worker protection regimes in Pakistan, Singapore, South Africa and Sweden.

REFUGEE STATUS AND TRANSFER TO THIRD COUNTRY: A CRITICAL APPRAISAL

The seminar paper, Refugee Status and Transfer to Third Country: A Critical Appraisal, explores the intricacies and difficulties linked to the transfer of refugees to third countries. The text delves into these transfers' legal and ethical aspects, emphasizing the possibility of diffusing responsibility and undermining refugee protection. The paper utilizes a qualitative research methodology, incorporating a thorough literature review, case studies, and document analysis to explore the legal frameworks, policy implications, and humanitarian consequences of refugee transfers. The study's findings highlight the intricate nature of refugee transfers, which aim to offer long-lasting solutions and ease the burden on frontline states but frequently encounter substantial obstacles. This study highlights the significance of strong legal and institutional frameworks, fair distribution of responsibilities, and a focus on human rights to safeguard the well-being and protection of refugees during transfer processes. The paper also emphasizes the possibility of responsibility diffusion and the politicization of refugee transfers, which can weaken the effectiveness of the international refugee protection regime. Ultimately, the paper argues for a fairer and more balanced approach to safeguarding refugees' well-being and human rights. It emphasizes the importance of upholding the dignity of refugees and fostering global collaboration and burden-sharing. There is a need to enhance legal and procedural safeguards, tackle the underlying factors that lead to forced displacement, and promote comprehensive integration programs in third countries. The study's theoretical framework and empirical analysis provide a more profound comprehension of the intricacies of refugee transfers and offer valuable insights for policymakers and practitioners involved in refugee protection.

Privacy in Chinese iOS apps and impact of the personal information protection law

Privacy in apps is a topic of widespread interest because many apps collect and share large amounts of highly sensitive information. In response, the Chinese legislator introduced a range of new data protection laws over recent years, notably the Personal Information Protection Law (PIPL) in 2021. So far, there exists limited research on the impacts of these new laws on apps’ privacy practices. To address this gap, this paper analyses data collection in pairs of 634 Chinese iOS apps, one version from early 2020 and one from late 2021.Our work finds that many more apps now implement consent. Yet, those end-users that decline consent will often be forced to exit the app. Fewer apps now collect data without consent but many still integrate tracking libraries. Market concentration in app data collection has seen limited change. At the same time, there exists a larger number of influential and equal market participants than in the West. Among them, Apple was the only relevant foreign company.We see our findings characteristic of a first iteration at Chinese data regulation with room for improvement. With the help of enhanced technological capabilities, we expect increased enforcement of the new data rules. There is also room to refine the new laws and make them more targeted at mobile apps and the online sphere, particularly through clear and up-to-date technical specifications for software developers. As such, our findings could also be motivation for non-Chinese policy- and lawmakers to enhance their own data protection regimes.

“Digital Personal Data Protection Act”—A Strudel Served Raw!

The good news is that personal data privacy law has become a reality in India. The bad news is 95% of the public is ignorant of the same, 3% do not know what it entails and the rest 2% are voraciously engaged in an intellectual feud. Privacy as a concomitant of natural or inalienable rights has been recognized in the western hemisphere since the 18th century. In India, the legislative history of the doctrine can be traced to the trilogy of cases during the 1950’s. It was only post 1978, that the apex court of the country passed a slew of judgements recognizing the right to privacy as an essential part of the right to “protection of life and personal liberty” embodied under the Indian Constitution and thereby bestowing the fundamental right status. On August 24, 2017, a nine-judge Constitution bench of the Supreme Court of India (Puttaswamy judgment) re-wrote history as it not only recognized and reconfirmed the fundamental right status of “ right to privacy” but also laid the foundation of data protection law in the country. August 11, 2023, marks a historic date in the legislative annals of digital India, as the country enacted the Digital Personal Data Protection Act, 2023 (“DPDP Act” or “Act”) after more than half a decade of deliberations. At a time when technology has become the defining paradigm of every business, the DPDP Act seeks to lay the foundation for developing a strong data privacy regime in the country. The Act in its new avatar is quite different from its predecessors proposed earlier. Ironically, the regulations themselves have set ajar a host of challenges, issues and steeplechases, which can barely be fathomed at this moment. In addition, the DPDP Act is yet to be notified or implemented by the Central Government. The key question this paper discusses is whether this seemingly endless period of deliberations culminated into a robust and comprehensive law or is it simply a Strudel served raw! To answer this question, the paper first charts the history of the concept with a chronological approach on a global platform. The second part of the paper charts the pre-DPDP era in India. The third part recapitulates the DPDP Act (in the present form) in a nutshell, while the fourth part dissects the DPDP Act highlighting certain potentially problematic features of this law. Lastly, the paper will examine what can be done to influence the development of a robust and sustainable data protection regime in the country in the years to come. Keywords: Data Privacy, DPDP Act, Indian Privacy Law, Origin of Privacy Laws

Coopetition in Platform-Based Retailing: On the Platform’s Entry

We study the dynamic incentive interactions between a platform and a third-party seller over two stages, where the seller exerts product-value-enhancement effort in the first stage in anticipation of the platform’s potential entry in the second stage. Upon entry, the platform can exert effort to boost the value of the product sold by the platform, with positive spillovers to the value of the product sold by the platform. We show the existence of both the protective and the receptive regimes, characterizing the necessary and sufficient conditions for each regime. These conditions are of thresholds type with respect to the parameters including the degree of spillover, the referral rate, and the competition intensity. In the protective (receptive) regime, the seller is worse (better) off with the platform’s entry than without, thereby distorting effort downward (upward) from the first best to deter (induce) the platform’s entry to the products of intermediate value. Notably, if the spillover effect is negative, only the protective regime will arise. We also provide the necessary and sufficient conditions under which the platform’s nonentry commitment strictly improves the platform’s profits by restoring the seller’s effort to the first best, achieving the win-win outcome for both the platform and the seller. This paper was accepted by Jeannette Song, operations management. Funding: H. Song is partially supported by the Key International Cooperation and Exchange Projects of the NSFC [Grant W2411062] and the Foundation for Innovative Research Groups of the NSFC [Grant 71821002]. Supplemental Material: The online appendix is available at https://doi.org/10.1287/mnsc.2023.00260 .

Can Change in Forest Cover Be Linked to the Management Effectiveness of Protected Areas? The Indian Scenario

Protected areas are an effective mechanism usually supported by a statute to conserve and protect wildlife-rich areas worldwide. Such extensive external management needs elaborate planning, regular monitoring, and periodic assessment of results. Thus, management effectiveness evaluation (MEE) has emerged as one of the major tools for quantifying the performance of any protected area globally since 2006. India has successfully conducted a complete round of management effectiveness evaluation of all its terrestrial protected areas (except conservation reserves and community reserves), with 25 such areas already undergoing a repeat assessment. Simultaneously, India biennially carries out a country-wide status of forest cover in all its states and union territories. This study has correlated the trend in change in forest cover for the states that contain those 25 repeat evaluated protected areas with their change in MEE scores over the same period. Our study found a positive correlation between the change in forest cover and the change in management effectiveness score from 2005–2006 to 2018–2019. Owing to increased protection regimes in the PAs including the degraded areas if they make part of such areas, the habitat often shows recovery. Effective habitat conservation is thus intertwined with the monitoring and preservation of the wildlife populations in the protected areas; therefore, reduction in forest cover equally impacts the management scores. However, in states where the loss in forest cover has been reported, more protected areas need to be assessed to plan complementary strategies for both habitat and species conservation.

Persistent Gaps in Protection: Stateless and Forcibly Displaced in Ukraine and Abroad

Since the Russian invasion of Ukraine, beginning in February 2022, millions of Ukrainians have fled their homes. Among the forcibly displaced are stateless persons who lived in Ukraine prior to the war, who are particularly vulnerable because they do not possess any nationality. Unable to prove their identity, stateless internally displaced persons and refugees experience numerous challenges along their flight routes. The measures adopted by European countries to support Ukrainian refugees have been successful in many ways, but insufficiently consider the situation of stateless persons. This article explores the protection gaps in the laws of Ukraine and neighbouring countries, as well as at the European level, and critically evaluates those gaps in light of the relevant international protection regimes, ie, international statelessness law, international refugee law, international and European human rights law and international humanitarian law. From the analysis, it can be concluded that possession of identity documentation and legal status remain crucial conditions for crossing borders and accessing protection.

Pulmonary artery banding to treat end-stage heart failure in infants and young children: A multicenter study

BackgroundConventional treatment options for end-stage heart failure (ESHF) in children include heart transplantation (HT) and ventricular assist device (VAD), both with significant drawbacks in the pediatric population. Pulmonary artery banding (PAB) strategy embedded in a protective cardiovascular drug regime has been effectively used for functional cardiac regeneration and as a bridge to HT in pediatric ESHF.We herein describe the early and mid-term clinical outcomes from a multicenter international experience. MethodsThis is a multicenter retrospective study including children admitted for ESHF caused by dilated cardiomyopathy of any etiology, who were treated with PAB. The primary outcome was the freedom from death/VAD/HT. Data are summarized as median (interquartile range) and count and percentages. Results31 patients (median age 210 days [131-357]) with ESHF underwent PAB in 5 centers. PEDIMACS score was I-III in 90%; 15 patients were intubated preoperatively. Preoperative left ventricular (LV) ejection fraction was <30% in 68%, with LV dilation in all cases. Postoperatively, median PAB gradient was 29 mmHg (23-34), and complications occurred in 14 patients (45%), with 4 (13%) early deaths. Twenty-seven patients were successfully discharged home on cardiac protective medical therapy. At a median follow-up of 2.9 years, there were 1 late death and 3 HTs. Freedom from death/VAD/HT was 77.3% (95% confidence interval [CI]=58-88.4%), 77.3% (95%CI=58-88.4%), and 73.2% (95%CI=53.2-85.5%) at 6 months, 1 year, and 2 years of follow-up, respectively. All 23 survivors with a native heart had gradual normalization of LV function and dimensions. ConclusionsPAB can be an effective procedure to treat ESHF in selected infants, as an innovative conservative strategy for bridging to transplant or recovery.

Kidney Transplantation in Patients With aHUS: A Comparison of Eculizumab Prophylaxis Versus Rescue Therapy.

Guidelines advise eculizumab prophylaxis for most kidney transplant recipients with atypical hemolytic uremic syndrome (aHUS). However, recurrence rates may be overestimated, and starting eculizumab at relapse ("rescue therapy") may prevent graft loss. Randomized controlled trials have not compared the efficacy, safety, and costs of different treatment strategies. We performed a comparative study, including a previously described Dutch cohort treated with rescue therapy and a UK cohort using eculizumab prophylaxis. In the Netherlands, we selected all adult patients with aHUS who received a kidney transplant between 2010 and 2021 in the Radboud University Medical Center (n = 30) and enriched this cohort with 8 patients who received rescue therapy in other centers. The UK cohort included all adult patients with aHUS at moderate or high risk of recurrence, transplanted between 2013 and 2017 with prophylactic eculizumab. We included 38 Dutch patients and 35 UK patients. Characteristics were comparable, although the UK cohort included more patients with a complement factor H SCR20 mutation or hybrid gene (31% versus 5%; P < 0.01), and more Dutch patients received living donor kidneys (66% versus 20%; P < 0.001). Follow-up was comparable (the Dutch patients 70.8 mo, range, 10-134; UK patients 55.4 mo, range, 2-95). Eighteen (47%) Dutch patients received rescue therapy. Death-censored graft survival was not significantly different (the Dutch patients 1 y, 3 y, and 6 y: 97.4%, 91.2%, and 87.1%, respectively; UK patients 1 y, 3 y, and 6 y: 97.1%, 88.2%, and 65.6%, respectively, log-rank P = 0.189). In a population characterized by low prevalence of "very high risk" genes, who were predominantly transplanted using an endothelial protective regime, death-censored graft survival with eculizumab rescue therapy was not inferior to prophylaxis.

Eye-Tracking Devices for Virtual and Augmented Reality Metaverse Environments and Their Compatibility with the European Union General Data Protection Regulation

Even though the Metaverse from science fiction is not a reality yet, it is possible to take a glimpse into how it might look like. However, the current vision of the Metaverse does not only encompass software. A great deal of companies is complementing their Metaverse projects with Virtual and Augmented Reality devices such as headsets and glasses. In this line, one of the last technological advancements in virtual and augmented reality devices included the introduction of eye-tracking technology. However, when new and additional kinds of data are processed, emerging risks for data protection might arise. This paper will, therefore, discuss the compatibility of eye-tracking devices for virtual and augmented reality environments with the European Union General Data Protection Regulation (GDPR). Being the GDPR considered a worldwide role model in terms of fundamental rights protection, the compatibility of such devices with one of the most severe data protection regimes will be put to the hardest test. The paper will do so by analyzing the state of the art of the technology, its use in headsets and glasses for virtual and augmented reality Metaverse environments, and the potential risks that such use might entail for data protection. After that, such risks will be confronted with the relevant applicable provisions of the GDPR. Finally, the paper will issue policy recommendations.

Investigating the nursery function of the Alboran MPA on the Mediterranean coast of Morocco

Coastal habitats provide shelter and food for juvenile fish, ensuring their survival and supporting a range of species that are both commercially and ecologically important. The Alboran Marine Protected Area (MPA) off the Mediterranean coast of Morocco has been identified as a nursery area, although this role has never been the subject of characterisation. This study investigates the nursery function of habitats at six sites, two of which have seasonally flooded rivers with small persistent lagoons (transition systems) actively connected to the sea. Mixed sand-and-gravel beaches and transition systems were surveyed using a beach seine (four hauls) during two consecutive summer periods (June 2019 and July 2020), and a beam trawl was used in July 2020 in order to survey shallow waters at three depths: 3, 5 and 7 m. The use of both fishing methods provided a comprehensive assessment of juvenile fish communities. Different habitats in these coastal areas supported juvenile fish of 31 different species, with higher species richness and densities of young-of-the-year (YOY; first year of life) fish in transition systems despite their limited surface area and depth. Shallow marine waters supported fish species with specific microhabitat requirements despite lower overall YOY fish densities. The Alboran MPA coast has a nursery function, with different habitats acting as nurseries for juveniles of different fish species, creating a seascape of interconnected nursery habitats. As low densities of juvenile fish were a common concern across species and habitats, protecting these nursery habitats through enforcement of their protection regime appears to be a priority.

Characterization of Some Functional Polymeric Composites in a Synergistic Regime of Protection at Electromagnetic Shielding and Electrostatic Transfer

The paper presents the characterization of 5 polymer composite materials with a poly-propylene (PP) matrix obtained with different (mass) concentrations of strontium ferrite (Fe12SrO19) reinforcement that have synergistic protective properties against electrostatic discharges (ESD) and electromagnetic impulses (EMI). These types of composites can be used to protect electronic equipment. To this purpose, suitable polymer composites were developed using SrFe12O19 type filler in two forms (powder and concentrate). The weight ratio of the PP/SrFe12O19 composites obtained by the extrusion process and injection from the melt is 75/25 and 70/30. The characterization of these composite materials consisted of carrying out some physico-chemical tests to determine the hydrostatic density and the resistance to the action of water, as well as FTIR, UV-Vis analyzes and dielectric, magnetic and functional tests to identify the simultaneous protection performance at electromagnetic shielding and electrostatic discharges, which can occur in the electro-technical, electronics and automotive industries. It is also found that all composite materials presented reflection shielding properties (SER) in the range: -71.5 dB...to -56.7 dB, indicating very low absorption shielding. The best performing material was the PP/SrFe12O19 powder composite with a weight ratio of 70/30. At the same time, EDS tests were also carried out on these materials. For these applications, the surface resistance Rs and the point-to-point resistance Rp were tested. Recommended composites for simultaneous EMI and sensitivity to electrostatic discharges (ESD) functionality, in order of their performance, are M2 (with 30% ferrite powder) and M1 (with 25% ferrite powder). M4 composite (with 30% ferrite powder concentrate) can also be used at the limit. Following the research carried out, the obtained results recommend the composite with promising simultaneous operations as M2 (with 30% ferrite powder). The element of originality consists of obtaining polymer composites with simultaneous properties of protection against electromagnetic impulses and electrostatic discharges.

How safe is the zone, and how voluntarily are the returnees? Turkey’s project for a ‘safe and dignified’ voluntary repatriation of Syrian refugees and the potential implementation of R2P on behalf of returnees

ABSTRACT The millions of refugees in Turkey are left in political limbo. Anti-refugee sentiment in society has also become an issue. However, in contradiction to the earlier Muslim solidarity rhetoric of ‘Muhajir and Ansar’, the Turkish government has been implementing its repatriation project that requires a ‘safe and dignified’ voluntary return of a million Syrian refugees to Turkey's safe zone in Northeast Syria. The article argues that the country's current political, economic and social conjuncture overshadows the voluntary character of the government's repatriation project and claims that Turkey's voluntary repatriation project does not meet the requirements of the international refugee protection regime. Building on the policy-oriented approach to international law, the article examines the potential implementation of the preventive dimension of Responsibility to Protect (R2P) on behalf of Syrian ‘returnees’. The article concludes that the ‘two-phase’ responsibility strategy that imposes responsibilities on the host country and the international community, which would be implemented simultaneously in Turkey's repatriation project, can protect returnees from possible danger in Syria. However, it can also set a precedent for future cases by filling a gap in International Refugee Law that does not address voluntary repatriation.

US international trade policy: Scenarios of protectionism and trade wars

US international trade policy under both the Trump and Biden administrations has been increasingly protectionist. This paper considers two policy scenarios under active discussion: (1) an across-the-board increase in all US tariffs by 10 percentage points, and (2) a severe escalation of the US trade war with China. The scenarios are analyzed using a multi-country computable general equilibrium (CGE) simulation model of the global economy. Trade wars or policy regimes of widespread protection will increase tariffs in many sectors simultaneously and include both final goods and intermediate inputs. The impacts are complex, with a web of direct and indirect forces coming into play across domestic and international markets. The global CGE model captures these mechanisms, including both short and long-run effects, with and without retaliation by partner countries. In a world economy where the US accounts for only 10 % of global trade and potentially rival trade bloc have emerged in Europe and E&SE Asia, the US is no longer hegemonic in global markets. We find that across-the-board tariffs do not protect manufacturing jobs because the cost of imported intermediate goods increases, raising costs in manufacturing production. The US trade war with China leads to a dramatic fall in bilateral trade. Other countries expand their trade to China and the US with the exception of closely linked partners (e.g. Canada and Mexico and all countries in E&SE Asia). We find that the world economy can adjust to US trade wars, diverting trade around the US.

Refusing Child-Stealing States: Settler Capitalism and the Ends of Canada's Indigenous Child Removal System

Abstract: This article examines the relationship between Canadian sovereignty and the removal of Indigenous children into non-native foster and adoptive homes. In it, I analyze how colonial child protection regimes following Residential Schools—from the Sixties Scoop (1951–1991) to the present Millennium Scoop—continue Canada's war against Indigenous lives and nations. From Sixties Scoop survivor narratives, ethnographic and archival data, and Indigenous and Black feminist theory, I highlight the gendered character of colonial sovereignty and capitalism. This paper argues that daily practices of refusal and care as an elaboration of Indigenous political orders unmake the grounds of colonial polity.