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Author : Gerassimos Fourlanos
Publisher :
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.3/5 (91 download)
Download or read book Sovereignty and the Ingress of Aliens written by Gerassimos Fourlanos and published by . This book was released on 1986 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James C. Hathaway
Publisher : Cambridge University Press
ISBN 13 : 1108495893
Total Pages : 1453 pages
Book Rating : 4.1/5 (84 download)
Download or read book The Rights of Refugees under International Law written by James C. Hathaway and published by Cambridge University Press. This book was released on 2021-04-22 with total page 1453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.
Author : Cheryl Lynne Shanks
Publisher : University of Michigan Press
ISBN 13 : 047211204X
Total Pages : 399 pages
Book Rating : 4.4/5 (721 download)
Download or read book Immigration and the Politics of American Sovereignty, 1890-1990 written by Cheryl Lynne Shanks and published by University of Michigan Press. This book was released on 2001-08-13 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be an American? The United States defines itself by its legal freedoms; it cannot tell its citizens who to be. Nevertheless, where possible, it must separate citizen from alien. In so doing, it defines the desirable characteristics of its citizens in immigration policy, spelling out how many and, most importantly, what sorts of persons can enter the country with the option of becoming citizens. Over the past century, the U.S. Congress argued first that prospective citizens should be judged in terms of race, then in terms of politics, then of ideology, then of wealth and skills. Each argument arose in direct response to a perceived foreign threat--a threat that was, in the government's eyes, racial, political, ideological, or economic. Immigration and the Politics of American Sovereignty traces how and why public arguments about immigrants changed over time, how some arguments came to predominate and shape policy, and what impact these arguments have had on how the United States defines and defends its sovereignty. Cheryl Shanks offers readers an explanation for immigration policy that is more distinctly political than the usual economic and cultural ones. Her study, enriched by the insights of international relations theory, adds much to our understanding of the notion of sovereignty and as such will be of interest to scholars of international relations, American politics, sociology, and American history. Cheryl Shanks is Assistant Professor of Political Science, Williams College.
Author : Barbara Bogusz
Publisher : BRILL
ISBN 13 : 9047406052
Total Pages : 485 pages
Book Rating : 4.0/5 (474 download)
Download or read book Irregular Migration and Human Rights: Theoretical, European and International Perspectives written by Barbara Bogusz and published by BRILL. This book was released on 2004-09-01 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Desperate and vulnerable people, who take enormous risks to migrate to Europe in rickety boats or concealed in the containers of articulated lorries, are familiar images portrayed in the media of “irregular migrants”. Irregular migration has become a major political concern both at the European level and in the wider international context. In the European Union, politicians have identified irregular migration as a “problem” and have given priority to preventing this phenomenon in the development of the common asylum and immigration policy. This collection of essays is the outcome of an international conference on Irregular Migration and Human Rights, which gathered together prominent scholars, policy-makers and practitioners working in the migration and human rights field. The objective of the book, in contrast to the prevailing political approach which focuses almost solely on prevention, is to discuss the human rights dimensions of irregular migration from theoretical, European and international perspectives. The book is divided into five substantive parts: the complex question of who is an irregular migrant and the difficulties in assessing the size of irregular movements: official and popular perceptions of irregular migrants, a debate which is frequently considered in terms of security concerns, asylum, and human trafficking and smuggling; the myriad strands of the developing EU law and policy on irregular migration, such as the adoption of readmission agreements, and the relationship of this law and policy to external border controls in the context of EU enlargement and other non-legal means of EU decision-making; the contributions of international and non-governmental actors to charting a rights-based approach to irregular migration; and the problems these vulnerable persons face while resident in host countries, such as discrimination and denial of access to social rights and public services, which is inextricably bound up with their irregular status.
Author : Michael Ross Fowler
Publisher : Penn State Press
ISBN 13 : 9780271039114
Total Pages : 220 pages
Book Rating : 4.0/5 (391 download)
Download or read book Law, Power, and the Sovereign State written by Michael Ross Fowler and published by Penn State Press. This book was released on 2010-11-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.
Author : Galina Cornelisse
Publisher : BRILL
ISBN 13 : 9004173706
Total Pages : 403 pages
Book Rating : 4.0/5 (41 download)
Download or read book Immigration Detention and Human Rights written by Galina Cornelisse and published by BRILL. This book was released on 2010 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.
Author : Vincent Chetail
Publisher : Edward Elgar Publishing
ISBN 13 : 0857930052
Total Pages : 707 pages
Book Rating : 4.8/5 (579 download)
Download or read book Research Handbook on International Law and Migration written by Vincent Chetail and published by Edward Elgar Publishing. This book was released on 2014-03-28 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strat
Author : Sandra Mantu
Publisher : BRILL
ISBN 13 : 9004293000
Total Pages : 393 pages
Book Rating : 4.0/5 (42 download)
Download or read book Contingent Citizenship written by Sandra Mantu and published by BRILL. This book was released on 2015-05-27 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Contingent citizenship, Sandra Mantu examines the changing rules of citizenship deprivation in the UK, France and Germany from the perspective of international and European legal standards.
Author : Helen Toner
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311202
Total Pages : 310 pages
Book Rating : 4.8/5 (473 download)
Download or read book Partnership Rights, Free Movement, and EU Law written by Helen Toner and published by Bloomsbury Publishing. This book was released on 2004-12-21 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration rights only to spouses and yet there is a growing diversity of national laws on same-sex marriage, registered partnerships and recognition of cohabitation. The Community institutions which have recently framed new legislation seem to view this as a question that can be settled by political agreement with little or no outside constraint. The book challenges this assumption. The book outlines recent developments in national legal systems and traces the development of the recent Community legislation. Then, drawing on basic ECHR principles, the place of the ECHR in Community law, and on basic Community law principles of free movement and discrimination the book argues that the right of a migrant EU Citizen to family reunification for a cohabiting partner is presumptively protected and therefore justification for refusing to admit such partners must be provided. It also considers the possible justifications for marriage-partners only immigration policies and concludes that although possible, such justifications are far from certain to succeed. The discussion also tackles the question of whether judicial activism is appropriate or whether there should be judicial deference to the legislative process recently completed. The book concludes with a wider discussion of the proper response of Community law to the increasing diversity of Member States family laws and policies beyond the field of immigration rights. The book will be of value not only to immigration lawyers, but also to those interested in partnership rights generally, as well as to a wider audience of EU lawyers, primarily academics but also graduate students and practitioners.
Author : Tang Lay Lee
Publisher : BRILL
ISBN 13 : 9047408284
Total Pages : 301 pages
Book Rating : 4.0/5 (474 download)
Download or read book Statelessness, Human Rights and Gender written by Tang Lay Lee and published by BRILL. This book was released on 2005-09-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the developing relationship between statelessness and migration. Migration law is setting the new parameters for international protection. Irregular migration is producing new forms of statelessness. International conventions on statelessness, refugees and migrant workers and international human rights instruments do not provide effective protection for these contemporary groups of stateless persons. The case study of Burmese irregular migrant workers in Thailand demonstrate that women and children are among the most unprotected because of the gendered construction of statelessness. The book concludes firstly that the 1999 CEDAW Protocol is an avenue through which stateless women may pursue redress. Secondly, it argues that it is imperative to set international law limits on state powers over immigration matters.
Author : Antônio Augusto Cançado Trindade
Publisher : Hotei Publishing
ISBN 13 : 9004251030
Total Pages : 1910 pages
Book Rating : 4.0/5 (42 download)
Download or read book Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law written by Antônio Augusto Cançado Trindade and published by Hotei Publishing. This book was released on 2015-01-27 with total page 1910 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. Revisiting the traditional conceptions of the basis of State responsibility and of jurisdiction, the problems of amnesty laws, the prohibitions of jus cogens, the imperative of access to justice in the light of jus cogens, the obligations erga omnes of protection, the provisional measures of protection, locus standi in judicio and the international legal personality of the human person, jus standi and the international legal capacity of the human person, and developments in reparations, are but a few examples of the themes examined in the learned Opinions expressed by Judge Cançado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cançado Trindade at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. The volume includes a Preface by Dean Spielmann and a General Introduction by Andrew Drzemczewski. Two volume set. This title comprises volume 1 & 2. We also offer this title as part of a 3 volume set (isbn 9789004375048).
Author : Vincent Chetail
Publisher : Oxford University Press
ISBN 13 : 019164546X
Total Pages : 575 pages
Book Rating : 4.1/5 (916 download)
Download or read book International Migration Law written by Vincent Chetail and published by Oxford University Press. This book was released on 2019-04-04 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Luca Scholz
Publisher : Oxford University Press, USA
ISBN 13 : 0198845677
Total Pages : 279 pages
Book Rating : 4.1/5 (988 download)
Download or read book Borders and Freedom of Movement in the Holy Roman Empire written by Luca Scholz and published by Oxford University Press, USA. This book was released on 2020-02-06 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Borders and Freedom of Movement in the Holy Roman Empire tells the history of free movement in the Holy Roman Empire of the German Nation, one of the most fractured landscapes in human history. The boundaries that divided its hundreds of territories make the Old Reich a uniquely valuable sitefor studying the ordering of movement. The focus is on safe-conduct, an institution that was common throughout the early modern world but became a key framework for negotiating free movement and its restriction in the Old Reich. The study shows that attempts to escort travellers, issue letters ofpassage, or to criminalize the use of "forbidden" roads served to transform rights of passage into excludable and fiscally exploitable goods. Mobile populations - from emperors to peasants - defied attempts to govern their mobility with actions ranging from formal protest to bloodshed. Newlydesigned maps show that restrictions upon moving goods and people were rarely concentrated at borders before the mid-eighteenth century, but unevenly distributed along roads and rivers.Luca Scholz unearths intense intellectual debates around the rulers' right to interfere with freedom of movement. The Empire's political order guaranteed extensive transit rights, but claims of protection could also mask aggressive attempts of territorial expansion. Drawing on sources discovered inmore than twenty archives and covering the period between the late sixteenth and the early nineteenth centuries, Borders and Freedom of Movement in the Holy Roman Empire offers a new perspective on the unstable relationship of political authority and human mobility in the heartlands of old-regimeEurope.
Author : N. Steiner
Publisher : Springer
ISBN 13 : 0312299427
Total Pages : 186 pages
Book Rating : 4.3/5 (122 download)
Download or read book Arguing about Asylum written by N. Steiner and published by Springer. This book was released on 2000-08-04 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: In addressing the asylum controversy in Europe today, much of the literature assumes that asylum policies result from the struggle between national interest arguing to tighten asylum and humanitarianism arguing to loosen it. This book challenges this simple tug-of-war image by examining asylum in Germany, Switzerland, and Britain from the late 1970s to the mid 1990s. The findings reveal the complex and often counter-intuitive roles national interest, international norms, and morality play in shaping asylum. It forces us to reconsider how we think about asylum and to explore alternatives to conventional assumptions.
Author : Melanie Fink
Publisher : Oxford Studies in European Law
ISBN 13 : 0198835450
Total Pages : 417 pages
Book Rating : 4.1/5 (988 download)
Download or read book Frontex and Human Rights written by Melanie Fink and published by Oxford Studies in European Law. This book was released on 2019-02-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.
Author : Thomas Gammeltoft-Hansen
Publisher : Cambridge University Press
ISBN 13 : 113950116X
Total Pages : 309 pages
Book Rating : 4.1/5 (395 download)
Download or read book Access to Asylum written by Thomas Gammeltoft-Hansen and published by Cambridge University Press. This book was released on 2011-03-17 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
Author : Stefan Heuser
Publisher : LIT Verlag Münster
ISBN 13 : 382580920X
Total Pages : 404 pages
Book Rating : 4.8/5 (258 download)
Download or read book Political Practices and International Order written by Stefan Heuser and published by LIT Verlag Münster. This book was released on 2007 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: International order is one of the most challenging issues in political ethics today, and its place within the multifaceted fleld of politics is frequently debated. The diverse phenomena resulting from 'globalisation' - particularly in the wake of the end of the so-called Cold War - urge us to think about our 'world' in terms of a single political entity. Besides the existing international institutions, however, it is still open to question what this entity should be and what concrete political practices should correspond to it. In the essays collected in this book, political scientists, sociologists, philosophers, theologians and policy advisors explore how political practices can be institutionally localised without necessarily becoming incorporated into structures of governance. Political ethics, as presented in this book, seeks to address the particular practices of power, justice, and peace of citizens themselves, and to assess their relevance for the shaping of international insti
