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Author: Satvinder Singh Juss
Publisher:
ISBN: 9781784020033
Category : Asylum, Right of
Languages : en
Pages :
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Book Description
The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda.
Author: Satvinder Singh Juss
Publisher:
ISBN: 9781784020033
Category : Asylum, Right of
Languages : en
Pages :
Get Book Here
Book Description
The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda.
Author: Satvinder S. Juss
Publisher: Routledge
ISBN: 1317042646
Category : Law
Languages : en
Pages : 767
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Book Description
The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.
Author: Hugo Storey
Publisher: Oxford University Press
ISBN: 0192580248
Category : Law
Languages : en
Pages : 837
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Book Description
In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.
Author: Vincent Chetail
Publisher: Oxford University Press
ISBN: 019164546X
Category : Law
Languages : en
Pages : 478
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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.
Author: Izabella Majcher
Publisher: BRILL
ISBN: 9004360530
Category : Law
Languages : en
Pages : 848
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Book Description
The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France
Author: James Arvanitakis
Publisher: BRILL
ISBN: 1848882386
Category : Social Science
Languages : en
Pages : 248
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Book Description
This volume was first published by Inter-Disciplinary Press in 2013. In the nineteen essays of this collection, the 21st century citizen is introduced, deconstructed, probed and admired among the messy realities of the contemporary world. As an inter-disciplinary project, the collection draws on expertise from across Europe, North America and Australasia to offer new insights into such diverse existences as the environmental citizen, the young citizen, the multiple citizen, the non-citizen, and the global citizen. It unflinchingly spotlights the failures of our contemporary societies to resolve the endless, universal problems of conflict, poverty and oppression. It also opens windows of hope onto a range of new understandings and innovative approaches to the challenges we face, from the mass movements of refugees to the digitalisation of social contact. This material can be read as a whole, as a conceptual collection, or it can be dipped in to and out of between work and leisure. Whether it is read as research or pastime, this volume will challenge and confront, comfort and renew, the many ways of thinking about citizenship in the 21st century.
Author: Charlotte Lülf
Publisher: Routledge
ISBN: 0429831234
Category : Law
Languages : en
Pages : 298
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Book Description
While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.
Author: Cathryn Costello
Publisher:
ISBN: 0198714106
Category : Business & Economics
Languages : en
Pages : 502
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Book Description
There is a highly significant and under-considered intersection and interaction between migration law and labor law. Labor lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labor law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labor rights and how the regulation of migration increasingly impacts upon employment and labor relations. Examining and clarifying the interactions between migration, migration law, and labor law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labor law, privileging concerns about the labor supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labor law. Chapters cover the labor laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labor law, for instance in their shared contemporary shift to using temporary labor migration programs. Further chapters examine EU and international law on migration, labor rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labor law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.
Author: Anne T. Gallagher
Publisher: Cambridge University Press
ISBN: 1107015928
Category : Law
Languages : en
Pages : 841
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Book Description
This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.
Author: Apostolos Andrikopoulos
Publisher: Taylor & Francis
ISBN: 100085342X
Category : Social Science
Languages : en
Pages : 211
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Book Description
Marriages that involve the migration of at least one of the spouses challenge two intersecting facets of the politics of belonging: the making of the 'good and legitimate citizens' and the 'acceptable family'. In Europe, cross-border marriages have been the target of increasing state controls, an issue of public concern and the object of scholarly research. The study of cross-border marriages and the ways these marriages are framed is inevitably affected by states' concerns and priorities. There is a need for a reflexive assessment of how the categories employed by state institutions and agents have impacted the study of cross-border marriages. This collection of essays analyses what is at stake in the regulation of cross-border marriages and how European states use particular categories (e.g., 'sham', 'forced' and 'mixed' marriages) to differentiate between acceptable and non-acceptable marriages. When researchers use these categories unreflexively, they risk reproducing nation-centred epistemologies and reinforcing state-informed hierarchies and forms of exclusion. The chapters in this book offer new insights into a timely topic and suggest ways to avoid these pitfalls: differentiating between categories of analysis and categories of practice, adopting methodologies that do not mirror nation-states' logic and engaging with general social theory outside migration studies. This book will be of interest to researchers and academics of Sociology, Politics, International Relations, Social and Cultural Anthropology, Human Geography, Social Work, and Public Policy. Barring one, all the chapters in this book were originally published as a special issue in the Journal of Ethnic and Migration Studies.
