Law, Migration, and Human Mobility

Law, Migration, and Human Mobility PDF

Author: Magdalena Kmak

Publisher: Taylor & Francis

Published: 2023-10-17

Total Pages: 173

ISBN-13: 1000989038

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This book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders, and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies, this book pushes the idea of migration law towards a more general concept of mobility that encompass the various processes, effects, and consequences of movement in a globalized world. In this respect, the book pursues a shift in perspective on how law is understood. Drawing on the concepts of ‘kinology’ and ‘kinopolitics’ developed by Thomas Nail as well as ‘mobility justice’ developed by Mimi Sheller, the book considers movement and motion as a constructive force behind political and social systems; and hence stability that needs to be explained and justified. Tracing the processes through which static forms, such as state, citizenship, or border, are constructed and how they partake in production of differential mobility, the book challenges the conventional understanding of migration law. More specifically, and in revealing its contingent and unstable nature, the book reveals how human mobility is itself constitutive of law. This interdisciplinary book will appeal to those working in the areas of migration and refugee law, citizenship studies, mobility studies, legal theory, and sociolegal studies.

Climate Change, Migration and Human Rights

Climate Change, Migration and Human Rights PDF

Author: Dimitra Manou

Publisher: Routledge

Published: 2017-05-12

Total Pages: 268

ISBN-13: 1317222334

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Climate Change already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection. Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration. This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.

Transnational Law of Human Mobility

Transnational Law of Human Mobility PDF

Author: Emília Lana de Freitas Castro

Publisher: Springer Nature

Published: 2020-07-31

Total Pages: 248

ISBN-13: 3030466086

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This book employs methods from comparative law to analyze voluntary migration, exploring the free movement of immigrants and their freedom of settlement under Brazilian and Mercosul law, as well as under German law and the European Union’s legal framework on migration. It discusses the level of protection granted to immigrants in terms of their right to enter and stay in Brazil and Mercosul, using German legislation and the EU’s legal framework on migration for comparison. Accordingly, the book will help migration researchers to understand not only the structure and rationale of migration law in Brazil, especially after the entry into force of its recent Migration Law in 2017, but also its relation to EU and German provisions on voluntary migration. It demonstrates how the differing natures of the migration law adopted by Brazil and Germany have led to different approaches and, consequently, different levels of protection for immigrants.

Migration Law, Policy and Human Rights

Migration Law, Policy and Human Rights PDF

Author: Rachael Dickson

Publisher: Routledge

Published: 2022-04-28

Total Pages: 240

ISBN-13: 1000570703

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Migration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants. This book problematises the EU Area of Freedom, Security, and Justice as a ‘home.’ Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstructed to explore notions of wellness, resilience, responsibilisation and externalisaton. The EU’s pursuit of a holistic approach to managing migration in crisis indicates problems with EU solidarity, and the tactics employed to bring the crisis under control reveal security concerns that provoke questions about the EU as an international human rights actor. Both this framework for analysis and the empirical findings make a significant contribution to how the migration crisis can be theorised using adaptable conceptual tools. Under this form of governance, migration becomes a phenomenon to be treated so that its symptoms are ameliorated. This book will be of interest to students and scholars of the EU, migration, and human rights as well as policymakers, commentators, and activists in these areas.

Rule of Law and Human Mobility in the Age of the Global Compacts

Rule of Law and Human Mobility in the Age of the Global Compacts PDF

Author: Marion Panizzon

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9783036572079

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This is a reprint of the Special Issue The Rule of Law and Human Mobility in the Age of the Global Compacts: Relativising the Risks and Gains of Soft Normativity?, which hosts nine contributions that critically dive in the normative, administrative, and judicial obstacles and potential standing of the legal framework and implementation setting of the Global Compact for Safe, Orderly, and Regular Migration (GCM) and the Global Compact for Refugees (GCR). The following four thematic clusters are proposed: 1. The justiciability of the actionable commitments under the Global Compacts before domestic courts as a threshold for the degree of judicial protection for migrants and refugees; 2. How human rights treaties and the Global Compacts are connected might matter for the level of rights protection; 3. Externalized migration policies and border management as a threat for the regional scope of human rights and as a risk factor for the rule of law; and 4. Data-driven and evidence-based migration policies, including digital technology as facilitators for standardizing migration and asylum decisions. By inquiring into human rights protection at the boundaries of the political commitments under the Global Compacts, this reprint engages in a conversation about the confinements that migrants and refugees encounter when accessing their substantive and procedural rights and encourages legal science/scholars to map an emerging field of study within global migration governance.

World Migration Report 2020

World Migration Report 2020 PDF

Author: United Nations

Publisher: United Nations

Published: 2019-11-27

Total Pages: 492

ISBN-13: 9290687894

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Since 2000, IOM has been producing world migration reports. The World Migration Report 2020, the tenth in the world migration report series, has been produced to contribute to increased understanding of migration throughout the world. This new edition presents key data and information on migration as well as thematic chapters on highly topical migration issues, and is structured to focus on two key contributions for readers: Part I: key information on migration and migrants (including migration-related statistics); and Part II: balanced, evidence-based analysis of complex and emerging migration issues.

The Emerging Global Consensus on Climate Change and Human Mobility

The Emerging Global Consensus on Climate Change and Human Mobility PDF

Author: Mostafa M Naser

Publisher: Routledge

Published: 2020-11-05

Total Pages: 84

ISBN-13: 1351599909

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This book examines whether a global consensus is emerging on climate change and human mobility and presents evidence of a slow-moving but dynamic, step-by-step process of international policy development on climate-related mobility. Naser reviews the range of solutions offered to address climate-related mobility problems, such as extending the 1951 UN Refugee Convention, adopting an additional protocol to the UNFCCC or creating a new international treaty to support those facing climate-related migration and displacement problems. He examines the accumulating stock of international policies and initiatives relevant to climate-related mobility using a framework of six policy areas: human rights, refugees, climate change, disaster risk reduction, migration,and sustainable development. He uses this framework to define and summarise the main UN actions and milestones on climate-related mobility. Despite the difficult context affecting the global community of worsening climate change impacts and human rights under threat, Naser asserts that the foundations of global consensus on climate-related mobility have been built, particularly in the last decade. This book will be of great relevance to students, scholars and policy-makers with an interest in the increasing interface between climate change and human mobility policy issues.

Securing Human Mobility in the Age of Risk

Securing Human Mobility in the Age of Risk PDF

Author: Susan Ginsburg

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9780974281964

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Protecting human mobility is a complex homeland security challenge. U.S. borders are crossed nearly 500 million times a year, and over a quarter of all Americans have passports. The U.S. government faces a daunting challenge in protecting people on the move from the risks of direct attack, preventing the travel and immigration system from being exploited by terrorists and criminals, and infusing it with resilience against breakdowns. In this book Susan Ginsburg, formerly a senior counsel on the staff of the 9/11 Commission, examines the massive enforcement buildup that has occurred since 9/11, and she finds it out of sync with some of the government's security imperatives. By reducing this enormous protection task to one of border security and immigration enforcement, she argues, policymakers deemphasize many of the critical elements on which mobility security depends. Adequate protection requires direct action to stop terrorist attacks, human trafficking, multinational gangs, and other criminals and conspirators. It must ensure the integrity of mobility infrastructure, from laws to territorial and airport border points. And it has to prevent life-threatening, uncontrolled, and illicit movement. To advance these goals, Ginsburg proposes a range of policy and programmatic undertakings, from travel bans to new international organizations. This innovative worksets a new agenda for U.S. security policy and practice in the context of travel, immigration, migration, and borders.

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