Foundations of International Migration Law


Book Description

International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.




International Migration Law


Book Description

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.




Humanity at Sea


Book Description

This book integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.




Making Migration Law


Book Description

This thought-provoking study examines the backstory and enduring contemporary effects of Australia's claim to an absolute right to exclude foreigners.




Teaching Migration and Asylum Law


Book Description

This highly topical book demonstrates the theoretical and practical importance of the study of migration law. It outlines approaches that may be taken in the design, delivery and evaluation of this study in law schools and universities to ensure an optimum level of learning. Drawing on examples of best practice from around the world, this book uses a theoretical framework and examples from real clients and simulations to help promote the learning and teaching of the law affecting migrants. It showcases contributions from over 20 academics and practitioners experienced in asylum and immigration law and helps to unpick how to teach the complex international laws and procedures relating to migration between different countries and regions. The different sections of the book explore educational best practice, what content can be covered, different models for teaching and learning, and strategies to deal with challenges. The book will appeal to scholars, researchers and practitioners of migration and asylum law, those teaching migration law electives and involved in curriculum design, as well as students of international, common and civil law.




UNHCR and International Refugee Law


Book Description

This book considers the United Nations High Commissioner for Refugees’ contribution to international refugee law since the establishment of UNHCR by the United Nations General Assembly in 1951. The book explores the historical and statutory foundations that create an indelible link between UNHCR and international refugee law. This book charts the significant evolution that has occurred in the organisation’s role throughout the last sixty years, looking at both the formal means by which UNHCR’s mandate may be modified, and the techniques UNHCR has used to facilitate the changes in its role, thereby revealing a significant evolution in the organisation’s role since the onset of the crisis in refugee protection in the 1980’s. UNHCR, itself, has demonstrated its organizational autonomy as the primary agent for the adaptation of its responsibilities and work related to international refugee law. The author does suggest however that UNHCR needs to continue to extend and strengthen its role related to international refugee law if UNHCR is to ensure a stronger legal framework for the protection of refugees as well as a fuller respect for refugees’ rights in practice. UNHCR and International Refugee Law should be of particular interest to refugee lawyers as well as academics and students of refugee law and international law, and anyone concerned with the important role that UNHCR plays in the protection of refugees today.




International Immigration Policy


Book Description

Numerous studies explore immigration policies of individual receiving countries. But these studies share several weaknesses. First and foremost, they are empirically orientated and lack a general theory. Second, most examine the policy of single country during a limited period, or, in a few cases, are contributed volumes analyzing each country separately. In general, immigration policy literature tends to be a-theoretic, to focus on specific periods and particular countries, and constitutes an array of discrete bits. This book is a response to this trend, offering a theoretical approach to immigration policy. It explains how governments decide on the number of immigrants they will accept; whether to differentiate between various ethnic groups; whether to accept refugees and on what basis; and whether to favour permanent immigration over migrant workers. The book also answers such questions as: How much influence do extreme-right parties have on the determination of immigration policy? Why do anti-immigration parties and initiatives enjoy greater success in local-state elections, and in the elections for the European Parliament, than in national elections? And under what circumstances does immigration policy become an electoral issue? Meyers draws on a wide array of sources on migration policy-making and using them derives proposed models in a way that few others have done before him. In addition, the book interrelates global and domestic factors that jointly influence government policy-making on international migration in a way that helps to clarify both spheres. Lastly, the work combines historical data with contemporary processes, in a way that draws lessons from the past while recognizing that changing circumstances usually revise governmental responses.




Immigration, Integration and the Law


Book Description

This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.




The Law of International Human Rights Protection


Book Description

The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them.




International Migration Law


Book Description

FOREWORD The International Organization for Migration (IOM) is dedicated to promoting humane and orderly migration worldwide by serving the policy and programme needs of governments and migrants. The challenges of migration management reflect the contemporary challenges posed by migration itself, many of which can be turned into opportunities that can benefit countries of origin, countries of d- tination and migrants themselves. To be effectively managed, migration has to be looked at comprehensively, taking into account its economic, social, humanit- ian, demographic, development, security and normative aspects. The normative approach to migration can be viewed mainly from two dif ferent, but complementary angles. Firstly, there are the principles and standards deriving from State sovereignty, among which are the right to protect borders, to confer nationality, to admit and expel foreigners, to combat trafficking and smuggling and to safeguard national security. Secondly, there are the human rights of the persons involved in migration. These two elements constitute the main pillars of what is generally known and accepted today as ‘international migration law’.