Law and Migration in a Changing World


Book Description

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.




Migrants' Rights, Populism and Legal Resilience in Europe


Book Description

Bringing together scholars of migration and constitutional law, this volume analyses the problematic relationship between the rise of populism, restrictions of migrants' rights and democratic decay in Europe. By offering both constructive and critical accounts, it creates a nuanced debate on the possibilities for and limitations of legal resilience against populist erosion of migrants' rights. Crucially, it does not merely diagnose the causes of restrictions of migrants' rights, but also proposes how the law might be used as a solution. In this volume, the law is considered as both a source of resilience and part of the problem at three distinct levels: the legal-theoretical, the European, and the national level. It is a major contribution to the literature on migrants' rights, offering a nuanced account of how legal resilience might be used to safeguard migrants' rights against further erosion in populist times. This book is available as Open Access.




Droits de L'homme, Réfugiés, Migrants Et Développement


Book Description

Fruto de un esfuerzo de colaboración entre el Alto Comisionado de las Naciones Unidas para los Refugiados, el Sistema Internacional de Información y de Documentación sobre los Derechos del Hombre y el Centro de Desarrollo de la OCDE, con la ayuda de la Organización Internacional para la Migración, incluye perfiles de 591 ONGs (organizaciones no gubernamentales) situadas en los países de la OCDE. Cada perfil describe los objetivos de la organización, su estructura y sus actividades en los países de la OCDE y en los países en vías de desarrollo. Indices facilitan a los usuarios información sobre "qué se hace y dónde" en estos cuatro dominios. El repertorio se ha realizado a través de un cuestionario enviado aproximadamente a 1300 ONGs, a partir de listados de las tres organizaciones colaboradoras. La base de datos sobre las ONGs permite seleccionar informaciones específicas que cualquier persona u organización puede demandar por correo.




South-North Migration of EU Citizens in Times of Crisis


Book Description

This open access book looks at the migration of Southern European EU citizens (from Portugal, Spain, Italy, Greece) who move to Northern European Member States (Belgium, France, Germany, United Kingdom) in response to the global economic crisis. Its objective is twofold. First, it identifies the scale and nature of this new Southern European emigration and examines these migrants’ socio-economic integration in Northern European destination countries. This is achieved through an analysis of the most recent data on flows and profiles of this new labour force using sending-country and receiving-country databases. Second, it looks at the politics and policies of immigration, both from the perspective of the sending- and receiving-countries. Analysing the policies and debates about these new flows in the home and host countries’ this book shows how contentious the issue of intra-EU mobility has recently become in the context of the crisis when the right for EU citizens to move within the EU had previously not been questioned for decades. Overall, the strength of this edited volume is that it compiles in a systematic way quantitative and qualitative analysis of these renewed Southern European migration flows and draws the lessons from this changing climate on EU migration.




Immigration And Criminal Law in the European Union


Book Description

This book provides a clear picture of the issues of legal and social legitimacy which surround criminal measures relating to trafficking in human beings in six Member States and the EU. It includes and explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society.







Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union


Book Description

This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.







Europe


Book Description

The future of Europe and the role it will play in the 21st century are among the most important political questions of our time. The optimism of a decade ago has now faded but the stakes are higher than ever. The way these questions are answered will have enormous implications not only for all Europeans but also for the citizens of Europe’s closest and oldest ally – the USA. In this new book, one of Europe's leading intellectuals examines the political alternatives facing Europe today and outlines a course of action for the future. Habermas advocates a policy of gradual integration of Europe in which key decisions about Europe's future are put in the hands of its peoples, and a 'bipolar commonality' of the West in which a more unified Europe is able to work closely with the United States to build a more stable and equitable international order. This book includes Habermas's portraits of three long-time philosophical companions, Richard Rorty, Jacques Derrida and Ronald Dworkin. It also includes several important new texts by Habermas on the impact of the media on the public sphere, on the enduring importance religion in "post-secular" societies, and on the design of a democratic constitutional order for the emergent world society.




Problems of boundaries and security in the Helsinki Declaration


Book Description

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .