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Author: Gregor Noll
Publisher: BRILL
ISBN: 900446154X
Category : Law
Languages : en
Pages : 667
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Book Description
How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.
Author: Gregor Noll
Publisher: BRILL
ISBN: 900446154X
Category : Law
Languages : en
Pages : 667
Get Book Here
Book Description
How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.
Author: Nicholas R. Micinski
Publisher: Routledge
ISBN: 1000376591
Category : Political Science
Languages : en
Pages : 123
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Book Description
UN Global Compacts is a concise introduction to the key concepts, issues, and actors in global migration governance and presents a comprehensive analysis of the New York Declaration for Refugees and Migrants, the Global Compact on Refugees, and the Global Compact for Migration. The book places the declaration and compacts within their historical context, traces the evolution of global migration governance, and evaluates the implementation of the compacts. Ultimately, the global compacts were the result of three wider shifts in global governance from hard to soft law, from rights to aid, and from Cold War politics to nationalism. The book is an important contribution to international relations and migration studies and provides essential information on the NY declaration and the global compacts, in addition to an examination of the: • Negotiating blocs and strategies • Populist backlash to the Global Compact for Migration • Responsibility sharing for refugee protection • Human rights of migrants • Principle of non-refoulement • Comprehensive Refugee Response Framework • UNHCR, IOM, and the UN Network on Migration The book will be of interest to practitioners, students, and scholars of international cooperation, global governance, migrants, and refugees, and will be essential reading for graduate and undergraduate courses on international law, international organizations, and migration.
Author: Elizabeth G. Ferris
Publisher: Routledge
ISBN: 1351172786
Category : Political Science
Languages : en
Pages : 154
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Book Description
As debates about migrants and refugees reverberate around the world, this book offers an important first-hand account of how migration is being approached at the highest levels of international governance. Whereas refugees have long been protected by international law, migrants have been treated differently, with no international consensus definition and no one international migration system. This all changed in September 2016, when the 193 members of the United Nations unanimously adopted the New York Declaration on Refugees and Migrants, laying the groundwork for the creation of governance frameworks for migrants and refugees worldwide. This book provides a fly on the wall analysis of the opportunities and challenges of the two new Global Compacts on Refugees and Migration as governments, international NGOs, multilateral institutions and other actors develop and negotiate them. Looking beyond the compacts, the book considers migration governance over time, and asks the bigger questions of what the international community can do on the one hand to affirm and strengthen safe, orderly and regular migration to help drive economic growth and prosperity, whilst on the other hand responding to the problems caused by increasing numbers of refugees and irregular migrants. This highly engaging and informative account will be of interest to policy-makers, academics and students concerned with global migration and refugee governance.
Author: Barbara Melis
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 276
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Book Description
I.6. Human rights issues
Author: Vincent Chetail
Publisher: BRILL
ISBN: 9004308660
Category : Law
Languages : en
Pages : 549
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Book Description
This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.
Author: Luin Goldring
Publisher: University of Toronto Press
ISBN: 1442614080
Category : Social Science
Languages : en
Pages : 401
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Book Description
Most examinations of non-citizens in Canada focus on immigrants, people who are citizens-in-waiting, or specific categories of temporary, vulnerable workers. In contrast,Producing and Negotiating Non-Citizenship considers a range of people whose pathway to citizenship is uncertain or non-existent. This includes migrant workers, students, refugee claimants, and people with expired permits, all of whom have limited formal rights to employment, housing, education, and health services. The contributors to this volume present theoretically informed empirical studies of the regulatory, institutional, discursive, and practical terms under which precarious-status non-citizens those without permanent residence enter and remain in Canada. They consider the historical and contemporary production of non-citizen precarious status and migrant illegality in Canada, as well as everyday experiences of precarious status among various social groups including youth, denied refugee claimants, and agricultural workers. This timely volume contributes to conceptualizing multiple forms of precarious status non-citizenship as connected through policy and the practices of migrants and the institutional actors they encounter.
Author: John Stone
Publisher: John Wiley & Sons
ISBN: 1119430194
Category : Social Science
Languages : en
Pages : 571
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Book Description
A broad examination of the rise of nationalism, populism, xenophobia, and racism throughout the world The Wiley Blackwell Companion to Race, Ethnicity, and Nationalism provides expert insight into the complex, interconnected factors that are influencing patterns of human relations worldwide in a time of rising populist nationalism, intensified racial and religious tensions, and mounting hostilities towards immigrants and minorities. Analyzing the underlying forces which continue to drive global trends, this volume examines contemporary patterns based on the most recent evidence spanning five continents—offering a diversity of interpretations, models and perspectives that address the challenges facing the study of race, ethnicity, and nationalism. The Companion features original contributions by both established experts and emerging scholars that explore an expansive range of theoretical, historical, and empirical case studies. Organized into five sections, the text first discusses growing trends in the United States, the significance of populism in major societies around the globe, and how global changes are influencing regional variations in race, ethnicity, and nationalism. An investigation of global migration patterns is followed by examination of conflict and violence, from urban riots and boundary disputes to warfare and genocide. The final section focuses on the policy debates resulting from changing patterns and their impact on politics, the economy, and society. Timely and highly relevant, this book: Discusses contemporary issues such as the failure of school systems to provide equal opportunities to minorities, the evolution of the School-to-Prison pipeline, and the Black Lives Matter movement Explores shifts in American race relations, the influence of social media and the internet, and the links between increased globalization and contemporary forms of nationalism, racism, and populism Features essays on national and ethnic identity in China, Japan, and South Korea, India, Central Asia, Africa, Latin America, and Europe Analyzes policies regarding borders, immigration, refugees, and human rights in different countries and regions Offers perspectives on the radicalization of social movements, the creation of ethnic, linguistic and other boundaries between groups, and the models used to understand intractable conflicts in many global settings The Wiley Blackwell Companion to Race, Ethnicity, and Nationalism is an indispensable resource for scholars, researchers, instructors, and students across the social sciences, including sociology, political science, global affairs, economics, comparative race and ethnic relations, international migration, social change, and sociological theory.
Author: Natascha Zaun
Publisher: Springer
ISBN: 3319398296
Category : Political Science
Languages : en
Pages : 326
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Book Description
This book fills a significant lacuna in our understanding of the refugee crisis by analyzing the dynamics that lie behind fifteen years of asylum policies in the European Union. It sheds light on why cooperation has led to reinforced refugee protection on paper but has failed to provide it in practice. Offering innovative empirical, theoretical and methodological research on this crucial topic, it argues that the different asylum systems and priorities of the various Member States explain the EU's lack of initiative in responding to this humanitarian emergency. The author demonstrates that the strong regulators of North-Western Europe have used their powerful bargaining positions to shape EU asylum policies decisively, which has allowed them to impose their will on Member States in South-Eastern Europe. These latter countries, having barely made a mark on EU policies, are now facing significant difficulties in implementing them. The EU will only identify potential solutions to the crisis, the author concludes, when it takes these disparities into account and establishes a functioning common refugee policy. This novel work will appeal to students and scholars of politics, immigration and asylum in the EU.
Author: Elena Fiddian-Qasmiyeh
Publisher: UCL Press
ISBN: 1787353176
Category : Social Science
Languages : en
Pages : 564
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Book Description
Refuge in a Moving World draws together more than thirty contributions from multiple disciplines and fields of research and practice to discuss different ways of engaging with, and responding to, migration and displacement. The volume combines critical reflections on the complexities of conceptualizing processes and experiences of (forced) migration, with detailed analyses of these experiences in contemporary and historical settings from around the world. Through interdisciplinary approaches and methodologies – including participatory research, poetic and spatial interventions, ethnography, theatre, discourse analysis and visual methods – the volume documents the complexities of refugees’ and migrants’ journeys. This includes a particular focus on how people inhabit and negotiate everyday life in cities, towns, camps and informal settlements across the Middle East and North Africa, Southern and Eastern Africa, and Europe.
Author: Violeta Moreno Lax
Publisher: Oxford Studies in European Law
ISBN: 9780198701002
Category : Law
Languages : en
Pages : 0
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Book Description
Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.
