Protecting recognized Geneva Convention refugees outside their states of asylum

This article highlights the predicament of persons recognized as refugees according to the Convention Relating to the Status of Refugees (CSR1951 refugees) when they travel outside their state of asylum. Their status entails ipso facto that, if they are ill-treated abroad, they cannot turn to representatives of their state of nationality and request its diplomatic protection, nor can they expect to receive its consular assistance. It is submitted that a state of asylum ought to extend the scope of protection that it offers CSR1951 refugees residing in its territory, and provide them diplomatic protection and consular assistance when they travel abroad as if they were its nationals. Four claims are advanced in support of this contention: First: the advent of human rights treaties has not rendered obsolete the protection of nationals abroad nor has the practice fallen into disuse. On the contrary, protection abroad retains its pedigree and significance, as is illustrated by the recently adopted International Law Commission's Draft Articles on Diplomatic Protection and by frequent resort to consular assistance. Second: while states previously enjoyed unfettered discretion concerning whether and when to protect their nationals abroad, recent developments in domestic jurisdictions as well as in European Union (EU) treaties point to the potential emergence of a qualified duty to exercise state protection or to be willing to provide justifications for its refusal. These developments call particular attention to the vulnerability of CSR1951 refugees: the professed aim of the EU treaty regime is that EU citizens should enjoy effective state protection wherever they travel; by contrast, CSR1951 refugees are in need of state protection wherever they travel. Third: according to CSR1951, states of asylum are required to issue Convention Travel Documents (CTDs) to recognized refugees lawfully staying in their territory. While CTDs do not in of themselves authorize states of asylum to provide protection abroad to their CSR1951 refugees, they reflect partial recognition of the instrumental role of these states in facilitating safe refugee travel. Fourth: while the 'nationality of claims' requirement remains pivotal to the institution of diplomatic protection, and efforts to effectuate its general relaxation have thus far failed, the International Law Commission (ILC) has 'carved out' an exception authorizing states of asylum to provide protection abroad to their recognized refugees. The ILC's protection-enhancing agenda, reflecting progressive development of the law, is laudable, even though it has opted for a rather cautious approach.

Subject-to-subject raising and the syntax of tense in L2 Spanish: a full access approach

This paper investigates the acquisition of syntax in L2 grammars. We tested adult L2 speakers of Spanish (English L1) on the feature specification of T(ense), which is different in English and Spanish in so-called subject-to-subject raising structures. We present experimental results with the verb parecer “to seem/to appear” in different tenses, with and without experiencers, and with Tense Phrase (TP), verb phrase (vP) and Adjectival Phrase (AP) complements. The results show that advanced L2 learners can perform just like native Spanish speakers regarding grammatical knowledge in this domain, although the subtle differences between both languages are not explicitly taught. We argue that these results support Full Access approaches to Universal Grammar (UG) in L2 acquisition, by providing evidence that uninterpretable syntactic features can be learned in adult L2, even when such features are not directly instantiated in the same grammatical domain in the L1 grammar.

Clitic-doubled left dislocation and focus fronting in L2 Spanish: a case of successful acquisition at the syntax-discourse interface

This experimental study tests the Interface Hypothesis by looking into processes at the syntax– discourse interface, teasing apart acquisition of syntactic, semantic and discourse knowledge. Adopting López’s (2009) pragmatic features [±a(naphor)] and [±c(ontrast)], which in combination account for the constructions of dislocation and fronting, we tested clitic left dislocation and fronted focus in the comprehension of English native speakers learning Spanish. Furthermore, we tested knowledge of an additional semantic property: the relationship between the discourse anaphor and the antecedent in clitic left dislocation (CLLD). This relationship is free: it can be subset, superset, part/whole. Syntactic knowledge of clitics was a condition for inclusion in the main test. Our findings indicate that all learners are sensitive to the semantic constraints. While the near-native speakers display native-like discourse knowledge, the advanced speakers demonstrated some discourse knowledge, and intermediate learners did not display any discourse knowledge. The findings support as well as challenge the Interface Hypothesis.

The syntax-semantics of bare and definite plural subjects in the L2 Spanish of English natives

This study investigates the extent to which advanced native-English L2 learners of Spanish come to acquire restrictions on bare plural preverbal subjects in L2 Spanish (e.g. gatos “cats” vs. definite plurals such as los gatos “the cats”). It tests L2 knowledge of available semantic readings of bare plurals and definite plurals in Spanish, where [+specific] and [+generic] interpretations are syntactically represented differently from English. Assuming L1 transfer, and in view of a potential subset/superset relationship of the two grammars, the learning task in this domain is not a straightforward one. Target acquisition requires both grammatical expansion and retraction; Spanish definite plural subjects require the addition of an L1-unavailable [+generic] reading, while a loss of an L1-available [+generic] reading for preverbal subject bare plurals is required. The results and analysis show that advanced L2 learners of Spanish (English L1) can circumvent a superficial subset/superset learnability problem by means of feature resetting in line with the Nominal Mapping Parameter.

On the (un)-ambiguity of adjectival modification in Spanish determiner phrases: informing debates on the mental representations of L2 syntax.

This study contributes to a central debate within contemporary generative second language (L2) theorizing: the extent to which adult learners are (un)able to acquire new functional features that result in a L2 grammar that is mentally structured like the native target (see White, 2003). The adult acquisition of L2 nominal phi-features is explored, with focus on the syntactic and semantic reflexes in the related domain of adjective placement in two experimental groups: English-speaking intermediate (n = 21) and advanced (n = 24) learners of Spanish, as compared to a native-speaker control group (n = 15). Results show that, on some of the tasks, the intermediate L2 learners appear to have acquired the syntactic properties of the Spanish determiner phrase but, on other tasks, to show some delay with the semantic reflexes of prenominal and postnominal adjectives. Crucially, however, our data demonstrate full convergence by all advanced learners and thus provide evidence in contra the predictions of representational deficit accounts (e.g., Hawkins & Chan, 1997; Hawkins & Franceschina, 2004; Hawkins & Hattori, 2006).

Interface vulnerability and knowledge of the subjunctive/indicative distinction with negated epistemic predicates in L2 Spanish.

Much recent research in SLA is guided by the hypothesis of L2 interface vulnerability (see Sorace 2005). This study contributes to this general project by examining the acquisition of two classes of subjunctive complement clauses in L2 Spanish: subjunctive complements of volitional predicates (purely syntactic) and subjunctive vs. indicative complements with negated epistemic matrix predicates, where the mood distinction is discourse dependent (thus involving the syntax-discourse interface). We provide an analysis of the volitional subjunctive in English and Spanish, suggesting that English learners of L2 Spanish need to access the functional projection Mood P and an uninterpretable modal feature on the Force head available to them from their formal English register grammar, and simultaneously must unacquire the structure of English for-to clauses. For negated epistemic predicates, our analysis maintains that they need to revalue the modal feature on the Force head from uninterpretable to interpretable, within the L2 grammar.With others (e.g. Borgonovo & Prévost 2003; Borgonovo, Bruhn de Garavito & Prévost 2005) and in line with Sorace's (2000, 2003, 2005) notion of interface vulnerability, we maintain that the latter case is more difficult for L2 learners, which is borne out in the data we present. However, the data also show that the indicative/subjunctive distinction with negated epistemics can be acquired by advanced stages of acquisition, questioning the notion of obligatory residual optionality for all properties which require the integration of syntactic and discourse information.

Aspect selection in adult L2 Spanish and the competing systems hypothesis: when pedagogical and linguistic rules conflict.

Native-like use of preterit and imperfect morphology in all contexts by English learners of L2 Spanish is the exception rather than the rule, even for successful learners. Nevertheless, recent research has demonstrated that advanced English learners of L2 Spanish attain a native-like morphosyntactic competence for the preterit/imperfect contrast, as evidenced by their native-like knowledge of associated semantic entailments (Goodin-Mayeda and Rothman 2007, Montrul and Slabakova 2003, Slabakova and Montrul 2003, Rothman and Iverson 2007). In addition to an L2 disassociation of morphology and syntax (e.g., Bruhn de Garavito 2003, Lardiere 1998, 2000, 2005, Prévost and White 1999, 2000, Schwartz 2003), I hypothesize that a system of learned pedagogical rules contributes to target-deviant L2 performance in this domain through the most advanced stages of L2 acquisition via its competition with the generative system. I call this hypothesis the Competing Systems Hypothesis. To test its predictions, I compare and contrast the use of the preterit and imperfect in two production tasks by native, tutored (classroom), and naturalistic learners of L2 Spanish.

The M curve and the performance of Spanish international new ventures

In this paper we address three challenges. First, we discuss how international new ventures (INVs) are probably not explained by the Uppsala model as there is no time for learning about foreign markets in newly born and small firms. Only in the longer term can INVs develop experiential learning to overcome the liability of foreignness as they expand abroad. Second, we advance theoretically on previous research demonstrating that the multinationality−performance relationship of INVs follows a traditional S-shaped relationship, but they first experience a ‘born global illusion’ which leads to a non-traditional M curve. Third, using a panel data analysis for the period 1994–2008 we find empirically that Spanish INVs follow an inverted U curve in the very short term, where no learning takes place, but that experience gained over time yields an M-curve relationship once learning takes place.