The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective


Book Description

In The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Hélène Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.




The Limits of Transnational Law


Book Description

State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.




REGINE - Regularisations in Europe


Book Description

REGINE is a research project on regularisation practices in the European Union. The aim of the project is to provide a thorough mapping of practices relating to the regularisation of third country nationals illegally resident in EU Member States. Two additional non-EU countries - Switzerland and the US - will also be covered to gain insights in regularisation practices and the impact of regularisations elsewhere. In examining regularisation practices, the project also investigates the relationship of regularisation policies to the overall migration policy framework, including to protection issues and refugee policies. Moreover, the project examines the political position of different stakeholders towards regularisation policies on the national level. Finally, the project examines potential options for policies on regularisation on the European level, incorporating Member States as well as other stakeholders' views on possible instruments on the European level.




Are Human Rights for Migrants?


Book Description

Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms.







Experiencing Ruptures in Migration – The Ordinary and Unexpected Journeys of Global Migrants


Book Description

This book aims to portray migratory experiences, documented in the form of biographical narratives. We are interested in the dynamic aspect of migration, which effectively becomes a complex trajectory, made up of stages, returns, and circulations and no longer simply, as in the industrial era, a bipolar exile (there and here). In these complex and dynamic movements, many trajectories become bifurcations, by which we mean shifting fates. In these stories we found paths, events, and bifurcations, all combined together, in terms of biographical construction based on accumulated experiences. These narratives are both very banal and very unusual journeys, portraying a new international human globalization. They are simultaneously stories of barriers to be crossed in chaotic situations interspersed with peaceful events in quiet contexts. These journeys reveal not only the weight of migration policies, but also the certification policies implemented and developed by various countries. This book presents itineraries, social logics of mobility; the routes become the analysts. If statistics record regularities, the personal approach captures specificities that produce meaning and contribute to a reinterpretation of current forms of mobility. “The superb collection of ethnographies that the reader will find in the pages to follow provide yet further insight into the ways in which movement across state borders represents a creative accomplishment. With cases selected from around the world – the Middle East, North Africa, Latin America, North America, and Europe – the chapter in this book demonstrate that migration is undertaken not only against states and their bureaucracies, but in tension with and possibly in opposition to migrants’ closest associates – precisely the people whom social capital theory paints as the font of the resources that make migration possible. ” – Roger Waldinger, University of California Los Angeles, USA Contents Foreword – Roger Waldinger Introduction – Víctor Zúñiga, Kamel Doraï, Delphine Mercier, and Michel Peraldi Part One: Migrant Families and Their Re-configuration Chinese Migrant Women Creating Meaningful Lives Despite Vulnerable Statuses – Hélène Le Bail Conflict and Migration from Iraq: Building a Life in Exile Amid the Twists and Turns of a Dramatic History – Cyril Roussel From Family Dispersion to Asylum-Seeking: Palestinian Refugees in Lebanon and Syria – Kamel Doraï Part Two: Children’s Movements Across Borders A left-behind child from El Alto. Protection Strategies and Redefinition of Kinship Ties for the Children of Migrant Women in Bolivia – Robin Cavagnoud Journey to the Ordinary “Integration” of an Undocumented Moroccan Migrant in France – Mustapha El Miri Children Circulating Between the United States and Mexico – Víctor Zúñiga and Betsabé Román-González Part Three: From Adventure to Waiting: Emancipation of Restricted Trajectories Life While Waiting: Experiencing the Asylum Application in France – Carolina Kobelinsky A Family Resemblance: Migration, Work and Loyalty – Frédéric Décosse ‘Suzana’s choices’ Working in the maquiladoras, migrating to survive and living transnationally – Delphine Mercier Part Four: From Expatriate to Migrant? From “Expats” to migrants: Mano’s worlds in Marrakesh – Michel Peraldi The Aeronautical Engineer in Flight: Turbulence and the Capacity for Agency Across Borders – Alfredo Hualde Being a Doctor Over Here or Over There Collective action: the foundation of the capacity for agency in the migratory process? – Ariel Mendez Conclusion: Uncertainty, Anticipated – Deborah A. Boehm




International justice and interpretation


Book Description

The 2001 issue of the Yearbook deals with the problem of international justice. What is the meaning of "justice" in the age of globalisation? In which sense can the "right" provide for criteria that make it possible to afford conflicts in international relations? Which new interpretative standards do turn out to be introduced within domestic law by international dimension? This issue of Ars interpretandi tries to answer these questions as well as other ones, according to an interdisciplinary view, which examine their implications in law, ethics, politics, economics and religion.





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Refugee Survey Quarterly


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The National Courts' Mandate in the European Constitution


Book Description

The reform of the European Constitution continues to dominate news headlines and has provoked a massive debate, unprecedented in the history of EU law. Against this backdrop Monica Claes' book offers a "bottom up" view of how the Constitution might work, taking the viewpoint of the national courts as her starting point, and at the same time returning to fundamental principles in order to interrogate the myths of Community law. Adopting a broad, comparative approach, she analyses the basic doctrines of Community law from both national constitutional perspectives as well as the more usual European perspective. It is only by combining the perspectives of the EU and national constitutions, she argues, that a complete picture can be obtained, and a solid theoretical base (constitutional pluralism) developed. Her comparative analysis encompasses the law in France, Belgium, Denmark, the Netherlands, Germany, Ireland, Italy and the United Kingdom and in the course of her inquiry discusses a wide variety of prominent problems. The book is structured around three main themes, coinciding with three periods in the development of the judicial dialogue between the ECJ and the national courts. The first focuses on the ordinary non-constitutional national courts and how they have successfully adapted to the mandates developed by the ECJ in Simmenthal and Francovich. The second examines the constitutional and other review courts and discusses the gradual transformation of the ECJ into a constitutional court, and its relationship to the national constitutional courts. The contrast is marked; these courts are not specifically empowered by the case law of the ECJ and have reacted quite differently to the message from Luxembourg, leaving them apparently on collision course with the ECJ in the areas of judicial Kompetenz Kompetenz and fundamental rights. The third theme reprises the first two and places them in the context of the current debate on the Constitution for Europe and the Convention, taking the perspective of the national courts as the starting point for a wide-ranging examination of EU's constitutional fundamentals. In so doing it argues that the new Constitution must accommodate the national perspective if it is to prove effective.