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The Ashgate Research Companion to Migration Law, Theory and Policy

Author: Satvinder S. Juss

Publisher: Routledge

Published: 2016-03-23

Total Pages: 766

ISBN-13: 1317042646

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.

International Migration Law

Author: Vincent Chetail

Publisher: Oxford University Press

Published: 2019-04-04

Total Pages: 575

ISBN-13: 019164546X

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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.

The Refugee Definition in International Law

Author: Hugo Storey

Publisher: Oxford University Press

Published: 2024-01-06

Total Pages: 833

ISBN-13: 0198842643

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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.

The European Union Returns Directive and its Compatibility with International Human Rights Law

Author: Izabella Majcher

Publisher: BRILL

Published: 2019-11-26

Total Pages: 848

ISBN-13: 9004360530

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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

Law and Migration in a Changing World

Author: Marie-Claire Foblets

Publisher: Springer Nature

Published: 2022-04-05

Total Pages: 843

ISBN-13: 3319995081

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This volume comprises national reports on migration and migration law from 17 countries representing all continents. The vast majority of these are countries of immigration, which means they face specific challenges in terms of managing migratory flows that are increasingly linked with climate change and scarce natural resources worldwide, and they need to find viable ways to integrate humanitarian migration. Unlike so many recent publications in the field of international migration law, this book brings together reports on diverse countries that are rarely regarded as part of one and the same picture, depicting globalized migration in the contemporary era that to a large extent challenges state sovereignty. The contributions delineate the legal regimes that individual states are continually developing and modifying with a view to managing and controlling access of individual persons to their respective territories. They also show how the restrictive measures that states resort to in the event of failure to manage migration could have a lasting legal impact. The General Report preceding the country reports provides a comparative overview of the national reports, and is divided into two parts. The first, more technical in nature, addresses the classic questions relating to admission to and residence in a country. The second, more reflective section, examines the relationship between laws and migration in a wider and multidisciplinary perspective. To allow a robust comparison, the country reports all follow a similarly wide-ranging structure; to the extent possible, they also cover the historical, sociological and demographic factors that help explain legal regimes and migratory flows in each country. Each country report includes analyses of recent legislative developments and delicate questions that are still awaiting adequate (legal) responses as well as perspectives for the future.

Denver Journal of International Law and Policy

Author:

Publisher:

Published: 2014

Total Pages: 234

ISBN-13:

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Fundamentals of International Migration

Author: Deniz Yetkin Aker

Publisher: Transnational Press London

Published:

Total Pages: 343

ISBN-13: 180135037X

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Fundamentals of International Migration is prepared as a textbook for undergraduate and postgraduate courses/modules. This book is a collection of articles and book chapters published in various journals and volumes carefully selected to cover a comprehensive range of topics and issues in contemporary human mobility. Students and tutors of the module would find it useful to guide and enhance classroom discussions. There are 8 parts with 28 chapters. Each part of the book begins with a list of essential and further reading to offer a wide range of views and perspectives to the students of international migration. CONTENTS PART 1: Introduction to Migration Studies Chapter 1. A record 65.3 million people were displaced last year: What does that number actually mean? - Jeffrey H. Cohen and Ibrahim Sirkeci Chapter 2. It is all about being happy in search of security - Ibrahim Sirkeci Chapter 3. Europe’s migration crisis: an American perspective - Philip L. Martin Chapter 4. Fleeing from the Global Compact for Migration: A missed opportunity for Italy - Chiara Scissa PART 2: Concepts and Theories in Migration Studies Chapter 5. A Missing Element in Migration Theories - Douglas S. Massey Chapter 6. Transnational mobility and conflict - Ibrahim Sirkeci Chapter 7. “Old” natives and “new” immigrants: beyond territory and history in Kymlicka's account of group-rights - Darian Heim PART 3: Data and Methods in Migration Studies Chapter 8. Social Research Methods: Migration in Perspective - AKM Ahsan Ullah, Md. Akram Hossain, Mohammad Azizuddin, and Faraha Nawaz Chapter 9. Biographical methods in migration research - Theodoros Iosifides and Deborah Sporton Chapter 10. Strengths, Risks and Limits of Doing Participatory Research in Migration Studies - Diana Mata-Codesal, Laure Kloetzer and Concha Maiztegi PART 4: Migration, Security, and Rights Chapter 11. Universalist Rights and Particularist Duties: The Case of Refugees - Per Bauhn Chapter 12. Bordering Practices across Europe: The Rise of “Walls” and “Fences” - Burcu Toğral Koca Chapter 13. Turkey’s Refugees, Syrians and Refugees from Turkey: A Country of Insecurity - Ibrahim Sirkeci PART 5: Migration Politics, Law and Organisations Chapter 14. Turkish Migration Policy at a Glance - Barbara Pusch and Ibrahim Sirkeci Chapter 15. Immigration and Civil Society: New ways of democratic transformation - Óscar García Agustín and Martin Bak Jørgensen Chapter 16. Immigration Policy in the European Union: Still bringing up the walls for fortress Europe? - Petra Bendel Chapter 17. The Case for a Foreign Worker Advisory Commission - Ray Marshall PART 6: Citizenship, Integration, and Diasporas Chapter 18. Migration and Integration: Austrian and California Experiences with Low-Skilled Migrants - Gudrun Biffl and Philip L. Martin Chapter 19. Integration of Syrians: Politics of integration in Turkey in the face of a closing window of opportunity - Onur Unutulmaz Chapter 20. Citizenship and Naturalization Among Turkish Skilled Migrants - Deniz Yetkin Aker Chapter 21. Westphalia, Migration, and Feudal Privilege - Harald Bauder Chapter 22. Naturalisation Policies Beyond a Western focus - Tobias Schwarz Chapter 23. Wrestling with 9/11: Immigrant Perceptions and Perceptions of Immigrants - Caroline Brettell PART 7: Turkey’s Migration Experience Chapter 24. Syrian Crisis and Migration - Pinar Yazgan, Deniz Eroglu Utku, Ibrahim Sirkeci Chapter 25. Demographic Gaps Between Syrian and the European Populations - Murat Yüceşahin and Ibrahim Sirkeci Chapter 26. Turkish Migration in Europe and Desire to Migrate to and from Turkey - Ibrahim Sirkeci and Neli Esipova PART 8: Contemporary Issues Chapter 27. International Mobility, Erotic Plasticity and Eastern European Migrations - Martina Cvajner Chapter 28. Coronavirus and Migration: Analysis of Human Mobility and the Spread of COVID-19 - Ibrahim Sirkeci and M. Murat Yüceşahin

UC Irvine Law Review

Author:

Publisher:

Published: 2014

Total Pages: 962

ISBN-13:

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International Migration Law

Author: Ryszard Cholewinski

Publisher: T.M.C. Asser Press

Published: 2007

Total Pages: 0

ISBN-13: 9789067044738

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With a Foreword by Brunson McKinley, Director General of the International Organization for Migration (IOM) This book encapsulates the law of international migration by examining developments first addressed in the volume on Migration and International Legal Norms (edited by T.A. Aleinikoff and V. Chetail; T.M.C. Asser Press 2003) and by discussing wholly new themes. In this regard, the book considers emerging issues, such as the challenges posed by migration to State sovereignty and the protection of human rights as a result of the increasing tensions between anti-terrorism or security legislation and immigration measures, the impact of the use of biometrics technology (e.g. fingerprinting) to identify and better monitor international movements of persons, and enhanced cooperation on the European Union external border. The human rights of vulnerable groups of migrants, such as migrant workers, women, victims of trafficking, and stateless persons are also examined. The issue of forced migration warrants a consideration of the international migration law relating to groups such as internally displaced persons, as well as the international community’s response to secondary movements of asylum-seekers. Questions of state responsibility concerning, for example, stranded migrants and provision of consular protection and assistance to migrants are also discussed. Moreover, the expansion of regional legal frameworks concerned with migration, such as EU immigration and asylum law and policy and the growing case law on European citizenship, as well as developments in free movement regimes in Africa, the Americas and the Caribbean, are added to the analysis of the growing body of international migration law. A range of persons from international organizations, legal practice and academia with expertise in International Migration Law have contributed to this volume, which is aimed at a broad audience, including policy makers, academics, researchers, postgraduate students, legal practitioners, civil society representatives and journalists. Ryszard Cholewinski is Labour Migration Specialist in the Migration Policy, Research and Communications Department of IOM, the International Organization for Migration, in Geneva. In the same organization, Richard Perruchoud is Director of the International Migration Law and Legal Affairs Department. Euan MacDonald holds a PhD in public international law from the European University Institute in Florence.