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Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1801176620
Category : Social Science
Languages : en
Pages : 120
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Book Description
This special issue is the second of a two-part edited collection on the privatization of migration. The central thrust of the special issue is a critical analysis of modern day manifestations of private participation in immigration control.
Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1801176620
Category : Social Science
Languages : en
Pages : 120
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Book Description
This special issue is the second of a two-part edited collection on the privatization of migration. The central thrust of the special issue is a critical analysis of modern day manifestations of private participation in immigration control.
Author:
Publisher: Oxford University Press
ISBN: 0192671413
Category : Law
Languages : en
Pages : 289
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Book Description
In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.
Author:
Publisher: Oxford University Press
ISBN: 0192857169
Category : Law
Languages : en
Pages : 289
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Book Description
In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.
Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1801176647
Category : Social Science
Languages : en
Pages : 123
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Book Description
This special issue is the second of a two-part edited collection on the privatisation of migration. The central thrust of the special issue is a critical analysis of modern day manifestations of private participation in immigration control.
Author: Sophie Scholten
Publisher: BRILL
ISBN: 9004290745
Category : Law
Languages : en
Pages : 320
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Book Description
The central theoretical question of The Privatisation of Immigration Control through Carrier Sanctions concerns the social working of legal rules. Sophie Scholten examines how states, private companies (carriers) and people (passengers) have become interconnected through carrier sanctions legislation. Scholten describes the legal framework in the Netherlands and the UK and international and European legislative rules developed on the subject. The author ties in with debates on privatisation of control in general and of immigration control in particular. As such the author provides a much needed new look at a field which as not attracted detailed academic attention. Scholten opens up fascinating questions about the relationship of the public and private sectors in the complex and politically sensitive area of immigration.
Author: Frank McNamara
Publisher:
ISBN:
Category : Asylum, Right of
Languages : en
Pages : 233
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Book Description
This research considers State control and legal responsibility for the violation of migrant’s fundamental rights at the hands of privatised or externalised procedures of European Union (EU) Member State migration control and border management. The assertion is made that a migrant’s access to justice can be frustrated based on who (privatisation) it is that is implementing the procedure or because of where (externalisation) it is being implemented. Access to justice is frustrated by the failure of a court to overcome certain key preliminary issues which must be established before the merits of the case - the alleged rights violation - can be considered. These preliminary issues therefore represent triggers for greater consideration of State legal responsibility. Privatisation’s trigger is a court’s potential application of a narrow reading of the State such that a private actor is deemed to be liable for rights violations arising out of the implementation of a procedure. This decision can be made even when the State holds a significant amount of control and authority over the implementation of the procedure in question. Externalisation’s trigger is that a court may pursue a restrictive reading of extraterritorial jurisdiction such that the State is not interpreted as having engaged its jurisdiction and as a result that court will not consider the alleged violations and thus legal responsibility will not be established. The State’s exercise of 'compulsory powers', the use of physical force in the implementation of a migration control and border management procedure, has been relied upon as the indicator as to whether legal responsibility should be triggered for the State. This research argues that the exercise of compulsory powers is an arbitrary tool by which to decide legal responsibility and results in the neglect of other, more subtle indicators that State legal responsibility should be established. In the absence of a silver bullet resolution to the challenges posed by the triggers of legal responsibility for both externalisation and privatisation, doctrinal solutions are proposed. These solutions enable the courts to provide easier access to justice for migrants and better reflect State legal responsibility for the State’s exercise of control.
Author: Thomas Gammeltoft-Hansen
Publisher: Cambridge University Press
ISBN: 113950116X
Category : Political Science
Languages : en
Pages : 309
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Book Description
Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
Author: Thomas Gammeltoft-Hansen
Publisher: Routledge
ISBN: 0415623782
Category : Political Science
Languages : en
Pages : 306
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Book Description
The book offers new concepts and theory for the study of international migration by weaving together diverse strands of arguments related to international migration in ways not attempted before. Throughout the chapters, the book brings together original and cross-disciplinary theoretical explorations and original case studies. It also provides a rather global coverage of the phenomena under study, covering migrant destinations in Europe, the United States and Asia, and migrant sending regions in Africa, Asia and Latin America.
Author: Nick Gill
Publisher: John Wiley & Sons
ISBN: 1444367056
Category : Science
Languages : en
Pages : 240
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Book Description
In this groundbreaking new study, Nick Gill provides a conceptually innovative account of the ways in which indifference to the desperation and hardship faced by thousands of migrants fleeing persecution and exploitation comes about. Features original, unpublished empirical material from four Economic and Social Research Council (ESRC) funded projects Challenges the consensus that border controls are necessary or desirable in contemporary society Demonstrates how immigration decision makers are immersed in a suffocating web of institutionalized processes that greatly hinder their objectivity and limit their access to alternative perspectives Theoretically informed throughout, drawing on the work of a range of social theorists, including Max Weber, Zygmunt Bauman, Emmanuel Levinas, and Georg Simmel
Author: Marina Caparini
Publisher: LIT Verlag Münster
ISBN: 9783825894382
Category : Political Science
Languages : en
Pages : 332
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Book Description
"Geneva Centre for the Democratic Control of Armed Forces (DCAF)"--Cover.
