Author: Violeta Moreno-Lax
Publisher: BRILL
ISBN: 9004300759
Category : Law
Languages : en
Pages : 481
Book Description
This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.
'Boat Refugees' and Migrants at Sea: A Comprehensive Approach
Author: Violeta Moreno-Lax
Publisher: BRILL
ISBN: 9004300759
Category : Law
Languages : en
Pages : 481
Book Description
This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.
Publisher: BRILL
ISBN: 9004300759
Category : Law
Languages : en
Pages : 481
Book Description
This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.
The International Legal Protection of Migrants at Sea
Author: Niba Fontoh
Publisher: BRILL
ISBN: 9004685111
Category : Law
Languages : en
Pages : 148
Book Description
Faced with the migration crisis which has turned the sea into a graveyard for sea migrants, this book addresses the issue by examining the international legal framework which enjoins States and other actors at sea to come to the rescue of migrants in distress at sea. The book seeks to provide a legal argument which obliges the international community to protect even illegal migrants who willingly and intentionally endanger their lives at sea, while ensuring that these rights and obligations are not abused. Multifarious branches of International Law defend this position.
Publisher: BRILL
ISBN: 9004685111
Category : Law
Languages : en
Pages : 148
Book Description
Faced with the migration crisis which has turned the sea into a graveyard for sea migrants, this book addresses the issue by examining the international legal framework which enjoins States and other actors at sea to come to the rescue of migrants in distress at sea. The book seeks to provide a legal argument which obliges the international community to protect even illegal migrants who willingly and intentionally endanger their lives at sea, while ensuring that these rights and obligations are not abused. Multifarious branches of International Law defend this position.
Routledge Handbook of Maritime Security
Author: Ruxandra-Laura Boşilcă
Publisher: Taylor & Francis
ISBN: 1000593495
Category : Political Science
Languages : en
Pages : 367
Book Description
This handbook offers a critical and substantial analysis of maritime security and documents the most pressing strategic, economic, socio-cultural and legal questions surrounding it. Written by leading international experts, this comprehensive volume presents a wide variety of theoretical positions on maritime security, detailing its achievements and outlining outstanding issues faced by those in the field. The book includes studies which cover the entire spectrum of activity along which maritime security is developing, including, piracy, cyber security, energy security, terrorism, narco-subs and illegal fishing. Demonstrating the transformative character and potential of the topic, the book is divided into two parts. The first part exhibits a range of perspectives and new approaches to maritime security, and the second explores emerging developments in the practice of security at sea, as well as regional studies written by local maritime security experts. Taken together, these contributions provide a compelling account of the evolving maritime security environment, casting fresh light on theoretical and empirical aspects. The book will be of much interest to practitioners and students of maritime security, naval studies, security studies, maritime history, and International Relations in general. Chapter 13 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial] (CC-BY-NC)] 4.0 license.
Publisher: Taylor & Francis
ISBN: 1000593495
Category : Political Science
Languages : en
Pages : 367
Book Description
This handbook offers a critical and substantial analysis of maritime security and documents the most pressing strategic, economic, socio-cultural and legal questions surrounding it. Written by leading international experts, this comprehensive volume presents a wide variety of theoretical positions on maritime security, detailing its achievements and outlining outstanding issues faced by those in the field. The book includes studies which cover the entire spectrum of activity along which maritime security is developing, including, piracy, cyber security, energy security, terrorism, narco-subs and illegal fishing. Demonstrating the transformative character and potential of the topic, the book is divided into two parts. The first part exhibits a range of perspectives and new approaches to maritime security, and the second explores emerging developments in the practice of security at sea, as well as regional studies written by local maritime security experts. Taken together, these contributions provide a compelling account of the evolving maritime security environment, casting fresh light on theoretical and empirical aspects. The book will be of much interest to practitioners and students of maritime security, naval studies, security studies, maritime history, and International Relations in general. Chapter 13 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial] (CC-BY-NC)] 4.0 license.
Borders, Migration and Globalization
Author: Anna Rita Calabrò
Publisher: Routledge
ISBN: 1000217493
Category : Law
Languages : en
Pages : 485
Book Description
The emergence of new and substantial human migration flows is one of the most important consequences of globalisation. While ascribable to widely differing social and economic causes, from the forced migration of refugees to upper-middle-class migration projects and the movement of highly skilled workers, what they have in common is the effect of contributing to a substantial global redefinition in terms of both identity and politics. This book contains contributions from scholars in the fields of law, social sciences, the sciences, and the liberal arts, brought together to delineate the features of the migration phenomena that will accompany us over the coming decades. The focus is on the multifaceted concept of 'border' as representing a useful stratagem for dealing with a topic like migration that requires analysis from several perspectives. The authors discuss the various factors and issues which must be understood in all their complexity so that they can be governed by all social stakeholders, free of manipulation and false consciousness. They bring an interdisciplinary and comparative perspective to the social phenomena such as human trafficking, unaccompanied foreign minors, or ethnic-based niches in the job market. The book will be a valuable guide for academics, students and policy-makers.
Publisher: Routledge
ISBN: 1000217493
Category : Law
Languages : en
Pages : 485
Book Description
The emergence of new and substantial human migration flows is one of the most important consequences of globalisation. While ascribable to widely differing social and economic causes, from the forced migration of refugees to upper-middle-class migration projects and the movement of highly skilled workers, what they have in common is the effect of contributing to a substantial global redefinition in terms of both identity and politics. This book contains contributions from scholars in the fields of law, social sciences, the sciences, and the liberal arts, brought together to delineate the features of the migration phenomena that will accompany us over the coming decades. The focus is on the multifaceted concept of 'border' as representing a useful stratagem for dealing with a topic like migration that requires analysis from several perspectives. The authors discuss the various factors and issues which must be understood in all their complexity so that they can be governed by all social stakeholders, free of manipulation and false consciousness. They bring an interdisciplinary and comparative perspective to the social phenomena such as human trafficking, unaccompanied foreign minors, or ethnic-based niches in the job market. The book will be a valuable guide for academics, students and policy-makers.
International Migration Law
Author: Vincent Chetail
Publisher: Oxford University Press
ISBN: 019164546X
Category : Law
Languages : en
Pages : 478
Book Description
International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.
Publisher: Oxford University Press
ISBN: 019164546X
Category : Law
Languages : en
Pages : 478
Book Description
International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.
Exporting the European Convention on Human Rights
Author: Maria-Louiza Deftou
Publisher: Bloomsbury Publishing
ISBN: 1509952454
Category : Law
Languages : en
Pages : 327
Book Description
This book explores how the European Convention on Human Rights operates and influences on the global stage. The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence to provide scholars in the field of international human rights law with an essential text. Discussing the extent to which the ECHR penetrates into the judicial production of the most affected legal systems, the book mostly focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights and the UN Human Rights Committee. It also investigates whether there is room for cross-fertilisation between them and finally, moves on to explore the legal consequences of the interplay of these mechanisms with the ECtHR and what it means for the overall functioning of international human rights law.
Publisher: Bloomsbury Publishing
ISBN: 1509952454
Category : Law
Languages : en
Pages : 327
Book Description
This book explores how the European Convention on Human Rights operates and influences on the global stage. The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence to provide scholars in the field of international human rights law with an essential text. Discussing the extent to which the ECHR penetrates into the judicial production of the most affected legal systems, the book mostly focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights and the UN Human Rights Committee. It also investigates whether there is room for cross-fertilisation between them and finally, moves on to explore the legal consequences of the interplay of these mechanisms with the ECtHR and what it means for the overall functioning of international human rights law.
Forced Migration
Author: Alice Bloch
Publisher: Routledge
ISBN: 131722695X
Category : Social Science
Languages : en
Pages : 243
Book Description
Forced Migration: Current Issues and Debates provides a critical engagement with and analysis of contemporary issues in the field using inter-disciplinary perspectives, through different geographical case studies and by employing varying methodologies. The combination of authors reviewing both the key research and scholarship and offering insights from their own research ensures a comprehensive and up-to-date analysis of the current issues in forced migration. The book is structured around three main current themes: the reconfiguration of borders including virtual borders, the expansion of prolonged exile, and changes in protection and access to rights. The first chapters in the collection provide both context and a theoretical overview by situating current debates and issues in their historical context including the evolution of field and the impact of the colonial and post-colonial world order on forced migration and forced displacement. These are followed by chapters framed around substantive issues including deportation and forced return; protracted displacements; securitising the Mediterranean and cross-border migration practices; refugees in global cities; forced migrants in the digital age; and second-generation identity and transnational practices. Forced Migration offers an original contribution to a growing field of study, connecting theoretical ideas and empirical research with policy, practice and the lived experiences of forced migrants. The volume provides a solid foundation, for students, academics and policy makers, of the main questions being asked in contemporary debates in forced migration.
Publisher: Routledge
ISBN: 131722695X
Category : Social Science
Languages : en
Pages : 243
Book Description
Forced Migration: Current Issues and Debates provides a critical engagement with and analysis of contemporary issues in the field using inter-disciplinary perspectives, through different geographical case studies and by employing varying methodologies. The combination of authors reviewing both the key research and scholarship and offering insights from their own research ensures a comprehensive and up-to-date analysis of the current issues in forced migration. The book is structured around three main current themes: the reconfiguration of borders including virtual borders, the expansion of prolonged exile, and changes in protection and access to rights. The first chapters in the collection provide both context and a theoretical overview by situating current debates and issues in their historical context including the evolution of field and the impact of the colonial and post-colonial world order on forced migration and forced displacement. These are followed by chapters framed around substantive issues including deportation and forced return; protracted displacements; securitising the Mediterranean and cross-border migration practices; refugees in global cities; forced migrants in the digital age; and second-generation identity and transnational practices. Forced Migration offers an original contribution to a growing field of study, connecting theoretical ideas and empirical research with policy, practice and the lived experiences of forced migrants. The volume provides a solid foundation, for students, academics and policy makers, of the main questions being asked in contemporary debates in forced migration.
International Law and the Protection of People at Sea
Author: Irini Papanicolopulu
Publisher: Oxford University Press
ISBN: 0192506455
Category : Law
Languages : en
Pages : 305
Book Description
Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.
Publisher: Oxford University Press
ISBN: 0192506455
Category : Law
Languages : en
Pages : 305
Book Description
Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.
People Forced to Flee
Author: United Nations High Commissioner for Refugees
Publisher: Oxford University Press
ISBN: 019108977X
Category : Political Science
Languages : en
Pages : 340
Book Description
People in danger have received protection in communities beyond their own from the earliest times of recorded history. The causes — war, conflict, violence, persecution, natural disasters, and climate change — are as familiar to readers of the news as to students of the past. It is 70 years since nations in the wake of World War II drew up the landmark 1951 Convention relating to the Status of Refugees. People Forced to Flee marks this milestone. It is the latest in a long line of publications, stretching back to 1993, that were previously entitled The State of the World's Refugees. The book traces the historic path that led to the 1951 Convention, showing how history was made, by taking the centuries-old ideals of safety and solutions for refugees, to global practice. It maps its progress during which international protection has reached a much broader group of people than initially envisaged. It examines international responses to forced displacement within borders as well as beyond them, and the protection principles that apply to both. It reviews where they have been used with consistency and success, and where they have not. At times, the strength and resolve of the international community seems strong, yet solutions and meaningful solidarity are often elusive. Taking stock today - at this important anniversary – is all the more crucial as the world faces increasing forced displacement. Most is experienced in low- and middle-income countries and persists for generations. People forced to flee face barriers to improving their lives, contributing to the communities in which they live and realizing solutions. Everywhere, an effective response depends on the commitment to international cooperation set down in the 1951 Convention: a vision often compromised by efforts to minimize responsibilities. There is growing recognition that doing better is a global imperative. Humanitarian and development action has the potential to be transformational, especially when grounded in the local context. People Forced to Flee examines how and where increased development investments in education, health and economic inclusion are helping to improve socioeconomic opportunities both for forcibly displaced persons and their hosts. In 2018, the international community reached a Global Compact on Refugees for more equitable and sustainable responses. It is receiving deeper support. People Forced to Flee looks at whether that is enough for what could – and should – help define the next 70 years.
Publisher: Oxford University Press
ISBN: 019108977X
Category : Political Science
Languages : en
Pages : 340
Book Description
People in danger have received protection in communities beyond their own from the earliest times of recorded history. The causes — war, conflict, violence, persecution, natural disasters, and climate change — are as familiar to readers of the news as to students of the past. It is 70 years since nations in the wake of World War II drew up the landmark 1951 Convention relating to the Status of Refugees. People Forced to Flee marks this milestone. It is the latest in a long line of publications, stretching back to 1993, that were previously entitled The State of the World's Refugees. The book traces the historic path that led to the 1951 Convention, showing how history was made, by taking the centuries-old ideals of safety and solutions for refugees, to global practice. It maps its progress during which international protection has reached a much broader group of people than initially envisaged. It examines international responses to forced displacement within borders as well as beyond them, and the protection principles that apply to both. It reviews where they have been used with consistency and success, and where they have not. At times, the strength and resolve of the international community seems strong, yet solutions and meaningful solidarity are often elusive. Taking stock today - at this important anniversary – is all the more crucial as the world faces increasing forced displacement. Most is experienced in low- and middle-income countries and persists for generations. People forced to flee face barriers to improving their lives, contributing to the communities in which they live and realizing solutions. Everywhere, an effective response depends on the commitment to international cooperation set down in the 1951 Convention: a vision often compromised by efforts to minimize responsibilities. There is growing recognition that doing better is a global imperative. Humanitarian and development action has the potential to be transformational, especially when grounded in the local context. People Forced to Flee examines how and where increased development investments in education, health and economic inclusion are helping to improve socioeconomic opportunities both for forcibly displaced persons and their hosts. In 2018, the international community reached a Global Compact on Refugees for more equitable and sustainable responses. It is receiving deeper support. People Forced to Flee looks at whether that is enough for what could – and should – help define the next 70 years.
People Forced to Flee
Author: Office of the United Nations High Commissioner for Refugees
Publisher: Oxford University Press
ISBN: 019878645X
Category : Political Science
Languages : en
Pages : 540
Book Description
There are today some 60 million people who have fled their homes because of persecution and conflict. This is the highest number ever recorded. These people suffer exile that will likely last for years and even whole lifetimes-both present and future. The unprecedented scale and duration of forced displacement provide unsettling points of departure for the 2016 edition of The State of the World's Refugees. Covering the years since 2012, this volume is the seventh in a series of flagship publications by the Office of the United Nations High Commissioner for Refugees ('UNHCR'). This book draws upon expert analysis as well as UNHCR's direct experience to shed light on the root causes and consequences of the current humanitarian and development crisis. Its eleven chapters examine the world's evolving efforts to finance, plan, and implement basic human rights protections amidst a recent spate of complex emergencies. Updated data, maps, and case studies examine persistent challenges such as limited access to asylum abroad, protection gaps at home for internally displaced persons, the devastating consequences of statelessness, and the troubling elusiveness of durable solutions. This book also highlights the widespread impact of climate change as well as innovations in how humanitarian operations are designed and conducted. Over 65 years after UNHCR was established, A World in Turmoil reveals why its work remains more relevant and urgent than ever.
Publisher: Oxford University Press
ISBN: 019878645X
Category : Political Science
Languages : en
Pages : 540
Book Description
There are today some 60 million people who have fled their homes because of persecution and conflict. This is the highest number ever recorded. These people suffer exile that will likely last for years and even whole lifetimes-both present and future. The unprecedented scale and duration of forced displacement provide unsettling points of departure for the 2016 edition of The State of the World's Refugees. Covering the years since 2012, this volume is the seventh in a series of flagship publications by the Office of the United Nations High Commissioner for Refugees ('UNHCR'). This book draws upon expert analysis as well as UNHCR's direct experience to shed light on the root causes and consequences of the current humanitarian and development crisis. Its eleven chapters examine the world's evolving efforts to finance, plan, and implement basic human rights protections amidst a recent spate of complex emergencies. Updated data, maps, and case studies examine persistent challenges such as limited access to asylum abroad, protection gaps at home for internally displaced persons, the devastating consequences of statelessness, and the troubling elusiveness of durable solutions. This book also highlights the widespread impact of climate change as well as innovations in how humanitarian operations are designed and conducted. Over 65 years after UNHCR was established, A World in Turmoil reveals why its work remains more relevant and urgent than ever.