Borders, Legal Spaces and Territories in Contemporary International Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3030209296
Total Pages : 266 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Borders, Legal Spaces and Territories in Contemporary International Law by : Tommaso Natoli

Download or read book Borders, Legal Spaces and Territories in Contemporary International Law written by Tommaso Natoli and published by Springer Nature. This book was released on 2019-09-12 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.

Security, Law and Borders

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Author :
Publisher : Routledge
ISBN 13 : 1136902120
Total Pages : 160 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Security, Law and Borders by : Tugba Basaran

Download or read book Security, Law and Borders written by Tugba Basaran and published by Routledge. This book was released on 2010-09-21 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.

Law and the Borders of Belonging in the Long Nineteenth Century United States

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Publisher : Cambridge University Press
ISBN 13 : 9780521152259
Total Pages : 0 pages
Book Rating : 4.1/5 (522 download)

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Book Synopsis Law and the Borders of Belonging in the Long Nineteenth Century United States by : Barbara Young Welke

Download or read book Law and the Borders of Belonging in the Long Nineteenth Century United States written by Barbara Young Welke and published by Cambridge University Press. This book was released on 2010-03-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.

Borders

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Publisher : Oxford University Press
ISBN 13 : 0197549608
Total Pages : 169 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Borders by : Alexander C. Diener

Download or read book Borders written by Alexander C. Diener and published by Oxford University Press. This book was released on 2024 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Borders: A Very Short Introduction challenges the perception of borders as passive lines on a map, revealing them instead to be integral forces in the economic, social, political, and environmental processes that shape our lives.

Legality's Borders

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199708061
Total Pages : 224 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Legality's Borders by : Keith Culver

Download or read book Legality's Borders written by Keith Culver and published by Oxford University Press. This book was released on 2010-03-23 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.

Legal Borderlands

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Author :
Publisher : Special Issue of American Quar
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Borderlands by : Mary L. Dudziak

Download or read book Legal Borderlands written by Mary L. Dudziak and published by Special Issue of American Quar. This book was released on 2006-05-08 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Digital Borders and Real Rights

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Publisher : BRILL
ISBN 13 : 9004165037
Total Pages : 597 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Digital Borders and Real Rights by : Evelien Renate Brouwer

Download or read book Digital Borders and Real Rights written by Evelien Renate Brouwer and published by BRILL. This book was released on 2008 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its launch in 1995, the majority of personal data held in the Schengen Information System (SIS) concerns third-country nationals to be refused entry to the Schengen territory. This study reveals why the use of the SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination. This study describes the implementation of the SIS in respectively France, Germany, and the Netherlands and the available legal remedies in both data protection and immigration law. On the basis of three general principles of European law, minimum standards are developed for effective remedies for individuals registered in the SIS, but also other databases such as Eurodac or the Visa Information System.

Porous Borders

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Publisher : UNC Press Books
ISBN 13 : 146963550X
Total Pages : 321 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis Porous Borders by : Julian Lim

Download or read book Porous Borders written by Julian Lim and published by UNC Press Books. This book was released on 2017-10-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the railroad's arrival in the late nineteenth century, immigrants of all colors rushed to the U.S.-Mexico borderlands, transforming the region into a booming international hub of economic and human activity. Following the stream of Mexican, Chinese, and African American migration, Julian Lim presents a fresh study of the multiracial intersections of the borderlands, where diverse peoples crossed multiple boundaries in search of new economic opportunities and social relations. However, as these migrants came together in ways that blurred and confounded elite expectations of racial order, both the United States and Mexico resorted to increasingly exclusionary immigration policies in order to make the multiracial populations of the borderlands less visible within the body politic, and to remove them from the boundaries of national identity altogether. Using a variety of English- and Spanish-language primary sources from both sides of the border, Lim reveals how a borderlands region that has traditionally been defined by Mexican-Anglo relations was in fact shaped by a diverse population that came together dynamically through work and play, in the streets and in homes, through war and marriage, and in the very act of crossing the border.

Opening the Floodgates

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Publisher : NYU Press
ISBN 13 : 0814742866
Total Pages : 289 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Opening the Floodgates by : Kevin R. Johnson

Download or read book Opening the Floodgates written by Kevin R. Johnson and published by NYU Press. This book was released on 2007-10-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost half a century ago, Jean-Luc Godard famously remarked, "I await the end of cinema with optimism." Lots of us have been waiting forand wondering aboutthis prophecy ever since. The way films are made and exhibited has changed significantly. Films, some of which are not exactly "films" anymore, can now be projected in a wide variety of wayson screens in revamped high tech theaters, on big, high-resolution TVs, on little screens in minivans and laptops. But with all this new gear, all these new ways of viewing films, are we necessarily getting different, better movies? The thirty-four brief essays in The End of Cinema as We Know It attend a variety of topics, from film censorship and preservation to the changing structure and status of independent cinemafrom the continued importance of celebrity and stardom to the sudden importance of alternative video. While many of the contributors explore in detail the pictures that captured the attention of the nineties film audience, such as Jurassic Park, Eyes Wide Shut, South Park: Bigger, Longer and Uncut, The Wedding Banquet, The Matrix, Independence Day, Gods and Monsters, The Nutty Professor, and Kids, several essays consider works that fall outside the category of film as it is conventionally definedthe home "movie" of Pamela Anderson and Tommy Lee's honeymoon and the amateur video of the LAPD beating of Rodney King. Examining key films and filmmakers, the corporate players and industry trends, film styles and audio-visual technologies, the contributors to this volume spell out the end of cinema in terms of irony, cynicism and exhaustion, religious fundamentalism and fanaticism, and the decline of what we once used to call film culture. Contributors include: Paul Arthur, Wheeler Winston Dixon, Thomas Doherty, Thomas Elsaesser, Krin Gabbard, Henry Giroux, Heather Hendershot, Jan-Christopher Hook, Alexandra Juhasz, Charles Keil, Chuck Klienhans, Jon Lewis, Eric S. Mallin, Laura U. Marks, Kathleen McHugh, Pat Mellencamp, Jerry Mosher, Hamid Naficy, Chon Noriega, Dana Polan, Murray Pomerance, Hillary Radner, Ralph E. Rodriguez, R.L. Rutsky, James Schamus, Christopher Sharrett, David Shumway, Robert Sklar, Murray Smith, Marita Sturken, Imre Szeman, Frank P. Tomasulo, Maureen Turim, Justin Wyatt, and Elizabeth Young.

The Significance of Borders

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900422808X
Total Pages : 279 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Significance of Borders by : Thierry Baudet

Download or read book The Significance of Borders written by Thierry Baudet and published by Martinus Nijhoff Publishers. This book was released on 2012-05-25 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why supranationalism and multiculturalism are in fact irreconcilable with representative government and the rule of law. It challenges one of the most central beliefs in contemporary legal and political philosophy, which is that borders are bound to disappear.

Security, Law and Borders

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Author :
Publisher : Routledge
ISBN 13 : 1136902139
Total Pages : 154 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Security, Law and Borders by : Tugba Basaran

Download or read book Security, Law and Borders written by Tugba Basaran and published by Routledge. This book was released on 2010-09-21 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.

Immigration Law and the U.S.–Mexico Border

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Author :
Publisher : University of Arizona Press
ISBN 13 : 0816505594
Total Pages : 314 pages
Book Rating : 4.8/5 (165 download)

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Book Synopsis Immigration Law and the U.S.–Mexico Border by : Kevin R. Johnson

Download or read book Immigration Law and the U.S.–Mexico Border written by Kevin R. Johnson and published by University of Arizona Press. This book was released on 2011-11-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans from radically different political persuasions agree on the need to “fix” the “broken” US immigration laws to address serious deficiencies and improve border enforcement. In Immigration Law and the US–Mexico Border, Kevin Johnson and Bernard Trujillo focus on what for many is at the core of the entire immigration debate in modern America: immigration from Mexico. In clear, reasonable prose, Johnson and Trujillo explore the long history of discrimination against US citizens of Mexican ancestry in the United States and the current movement against “illegal aliens”—persons depicted as not deserving fair treatment by US law. The authors argue that the United States has a special relationship with Mexico by virtue of sharing a 2,000-mile border and a “land-grab of epic proportions” when the United States “acquired” nearly two-thirds of Mexican territory between 1836 and 1853. The authors explain US immigration law and policy in its many aspects—including the migration of labor, the place of state and local regulation over immigration, and the contributions of Mexican immigrants to the US economy. Their objective is to help thinking citizens on both sides of the border to sort through an issue with a long, emotional history that will undoubtedly continue to inflame politics until cooler, and better-informed, heads can prevail. The authors conclude by outlining possibilities for the future, sketching a possible movement to promote social justice. Great for use by students of immigration law, border studies, and Latino studies, this book will also be of interest to anyone wondering about the general state of immigration law as it pertains to our most troublesome border.

Legality's Borders

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Author :
Publisher : Oxford University Press on Demand
ISBN 13 : 0195370759
Total Pages : 223 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Legality's Borders by : Keith Culver

Download or read book Legality's Borders written by Keith Culver and published by Oxford University Press on Demand. This book was released on 2010-04-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterize in terms of the kinds of norms they use rather than their content or system-membership.

Policing the Borders Within

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192639501
Total Pages : 272 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Policing the Borders Within by : Ana Aliverti

Download or read book Policing the Borders Within written by Ana Aliverti and published by Oxford University Press. This book was released on 2021-06-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policing the Borders Within offers an in-depth, comprehensive exploration of the everyday working of inland border controls in Britain, informed by extensive empirical material viewed through the lens of wide-ranging interdisciplinary debates. In particular, this book examines afresh the relationship between policing, borders, and social order, in terms of migration policing. By charting this new landscape of everyday contemporary policing, this book's main goal is to advance understanding of novel forms of law enforcement in a global age. These new forms of collaboration direct attention to the way in which frontline enforcement agents, through their everyday work, not only enforce the border, but recreate it. As the book argues, the emphasis on borders and migration controls and the growing importance of it within inland policing is a symptom of the new demands and challenges facing the state in exercising authority in a fast-moving, interconnected world, and its attempt to offer a semblance of order. Such challenges result in practice of random, capricious, informal, and arbitrary operation of power, which relies on non-rational elements to solve policing problems. Through an ethnography of the worlds of police and immigration officers, this book dissects the ethical, political, legal, and social dilemmas, and explores the tensions and contradictions of maintaining order in a deeply unequal globalized world. The new impetus to police migration is an insightful entry point to understand law enforcement in a global age.

Vigilantes beyond Borders

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Publisher : Princeton University Press
ISBN 13 : 0691232245
Total Pages : 248 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Vigilantes beyond Borders by : Mette Eilstrup-Sangiovanni

Download or read book Vigilantes beyond Borders written by Mette Eilstrup-Sangiovanni and published by Princeton University Press. This book was released on 2022-04-05 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: How and why NGOs are increasingly taking independent and direct action in global law enforcement, from human rights to the environment Nongovernmental organizations (NGOs) have generally served as advocates and service providers, leaving enforcement to states. Now, NGOs are increasingly acting as private police, prosecutors, and intelligence agencies in enforcing international law. NGOs today can be found investigating and gathering evidence; suing and prosecuting governments, companies, and individuals; and even catching lawbreakers red-handed. Examining this trend, Vigilantes beyond Borders considers why some transnational groups have opted to become enforcers of international law regarding such issues as human rights, the environment, and corruption, while others have not. Three factors explain the rise of vigilante enforcement: demand, supply, and competition. Governments commit to more international laws, but do a poor job of policing them, leaving a gap and creating demand. Legal and technological changes make it easier for nonstate actors to supply enforcement, as in the instances of NGOs that have standing to use domestic and international courts, or smaller NGOs that employ satellite imagery, big data analysis, and forensic computing. As the growing number of NGOs vie for limited funding and media attention, smaller, more marginal, groups often adopt radical strategies like enforcement. Looking at the workings of major organizations, including Amnesty International, Greenpeace, and Transparency International, as well as smaller players, such as Global Witness, the Sea Shepherd Conservation Society, and Bellingcat, Vigilantes beyond Borders explores the causes and consequences of a novel, provocative approach to global governance.

Migration Law and the Externalization of Border Controls

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Author :
Publisher : Routledge
ISBN 13 : 0429798989
Total Pages : 120 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Migration Law and the Externalization of Border Controls by : Anna Liguori

Download or read book Migration Law and the Externalization of Border Controls written by Anna Liguori and published by Routledge. This book was released on 2019-03-27 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating ‘legal black holes’. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-à-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author’s view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.

In Search of Europe's Borders

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Author :
Publisher : BRILL
ISBN 13 : 9004481516
Total Pages : 300 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis In Search of Europe's Borders by : Kees Groenendijk

Download or read book In Search of Europe's Borders written by Kees Groenendijk and published by BRILL. This book was released on 2021-12-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Borders define territories within which identities and order are described and delineated. The triptych of indentities, borders and orders is central to understanding the nature of sovereignty and the relations between countries. Nowhere is this more apparent than in the European Union. The changing definition and placement of the border is one of the most striking features of the recent transformations of the Union. The definition of what a border is and where it is for persons has moved out of the territory of national sovereignty and has become the preserve in law of the European Community. The enlargement of the European Union towards the countries of Central and Eastern Europe has created new challenges for the concept of borders in the EU. This volume examines the extent of the Community power and the legal meaning of the EU's borders, as well as the ways to control (or not) the movement of persons across borders. It considers the legal texts - EC law on visas, the Regulations on visas, the meaning of borders for persons in Community Law, the Schengen acquis and its incorporation into the EC Treaty (and where appropriate the TEU); national practice and its transformation with the insertion of the private sector's responsibility for the control of borders and judicial control. The point of departure is the perspective of the individual who is seeking to cross these borders.