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: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1801176647
Category : Social Science
Languages : en
Pages : 125
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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:
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: David FitzGerald
Publisher: Oxford University Press
ISBN: 0190874155
Category : Law
Languages : en
Pages : 377
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Book Description
Why do people seeking asylum often break immigration laws ? Refuge Beyond Reach shows how rich democracies deliberately and systematically shut down most legal paths to safety. An architecture of repulsion in the air, at sea, and on land keeps most refugees far away from places where they can ask for sanctuary.
Author: Diego Acosta
Publisher: Cambridge University Press
ISBN: 1108576036
Category : Political Science
Languages : en
Pages : 298
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Book Description
Since the turn of the century, South American governments and regional organisations have adopted the world's most open discourse on migration and citizenship. At a time when restrictive choices were becoming increasingly predominant around the world, South American policymakers presented their discourse as being both an innovative and exceptional 'new paradigm' and part of a morally superior, avant-garde path in policymaking. This book provides a critical examination of the South American legal framework through a historical and comparative analysis. Diego Acosta uses this analysis to assess whether the laws are truly innovative and exceptional, as well as evaluating their feasibility, strengths and weaknesses. By analysing the legal construction of the national and the foreigner in ten South American countries during the last two centuries, he demonstrates how different citizenship and migration laws have functioned, as well as showing why states have opted for certain regulation choices, and the consequence of these choices for state- and nation-building in the continent. An invaluable insight for anyone interested in global migration and citizenship discussions.
Author: Eman Hamdan
Publisher: BRILL
ISBN: 9004319395
Category : Law
Languages : en
Pages : 414
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Book Description
In this study, Eman Hamdan examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture, with the aim to determine which of those Conventions affords better protection for international protection seekers. Hamdan explores the scope and content of the principle of non-refoulement under both Conventions and the application of the principle to the immigration control measures and the extraordinary rendition operations. The author provides a comprehensive and comparative analysis of the case-law of both the European Court of Human Rights and the UN Committee against Torture on the procedural and substantive aspects of the principle of non-refoulement, in order to help practitioners to determine which of these human rights treaty bodies is more favorable for their specific non-refoulement case. This book was chosen to participate in the Professor Walther Hug Prize 2014-2015, which is a prize for the best legal researches in Switzerland for each academic year.
Author: Lisa-Marie Komp
Publisher: Taylor & Francis
ISBN: 1000778142
Category : Law
Languages : en
Pages : 200
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Book Description
This book focuses on border deaths at sea. It unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory, and questions whether this is also accompanied with an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when doing so. By embarking upon the challenge of analysing a cross-border phenomenon in which direct encounters between state agents and the victims are few through the lens of legal obligations, the book unearths avenues for arguing that the ECHR is applicable to border deaths on the high seas and showcases the Court’s creativity in bridging the gap between the Convention and people in need of protection. Furthermore, it demonstrates that the ECHR is applicable to border deaths occurring within the territorial seas of states. It discusses the right to life, as well as the specific obligations of states in respect to border deaths at sea, and demonstrates that in many instances, EU policies fall short of the standards set under the right to life. This book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law including, refugee and migration law, maritime law, and security studies.
Author: Molly Katrina Land
Publisher: Cambridge University Press
ISBN: 1108910254
Category : Political Science
Languages : en
Pages : 239
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Book Description
States have long denied basic rights to non-citizens within their borders, and international law imposes only limited duties on states with respect to those fleeing persecution. But even the limited rights previously enjoyed by non-citizens are eroding in the face of rising nationalism, populism, xenophobia, and racism. Beyond Borders explores what obligations we owe to those outside our political community. Drawing on contributions from a broad variety of disciplines – from literature to political science to philosophy – the volume considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging grounded in ideas of solidarity, empathy, and responsibility in order to identify a more robust basis for the protection of non-citizens at home and abroad. This title is also available as Open Access on Cambridge Core.
Author: Valsamis Mitsilegas
Publisher: Edward Elgar Publishing
ISBN: 1800886438
Category : Law
Languages : en
Pages : 625
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Book Description
This thoroughly revised second edition provides an advanced analysis of EU criminal law as a structurally and constitutionally distinct policy area and field of research. EU criminal law is one of the fastest evolving and most challenging fields of law and this Research Handbook contains new and substantially updated chapters to assess recent legislative developments and CJEU case law.
Author: William Walters
Publisher: Duke University Press
ISBN: 1478021594
Category : Social Science
Languages : en
Pages : 186
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Book Description
Vehicles, their infrastructures, and the environments they traverse are fundamental to the movement of migrants and states' attempts to govern them. This volume's contributors use the concept of viapolitics to name and foreground this contested entanglement and examine the politics of migration and bordering across a range of sites. They show how these elements constitute a key site of knowledge and struggle in migratory processes and offer a privileged vantage point from which to interrogate practices of mobility and systems of control in their deeper histories and wider geographic connections. This transdisciplinary group of scholars explores a set of empirically rich and diverse cases: from the Spanish and European authorities' attempts to control migrants' entire trajectories to infrastructures of escort of Indonesian labor migrants; from deportation train cars in the 1920s United States to contemporary stowaways at sea; from illegalized migrants walking across treacherous Alpine mountain passes to aerial geographies of deportation. Throughout, Viapolitics interrogates anew the phenomenon called “migration,” questioning how different forms of contentious mobility are experienced, policed, and contested. Contributors. Ethan Blue, Maribel Casas-Cortes, Julie Y. Chu, Sebastian Cobarrubias, Glenda Garelli, Charles Heller, Sabine Hess, Bernd Kasparek, Clara Lecadet, Johan Lindquist, Renisa Mawani, Lorenzo Pezzani, Ranabir Samaddar, Amaha Senu, Martina Tazzioli, William Walters
