New Asylum Countries?


Book Description

How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This volume is about the transformation of asylum in Europe in the context of the EU enlargement process. This transformation involves norms, as well as the procedures and resources for their implementation. In the candidate countries, as in the west, the process of transformations is marked by the tension between the interests of protection and migration control. Through their comprehensive analysis, the authors illuminate the legal and political dynamics which underlie this tension. Chapters trace the complex patterns of national, sub-regional and EU law and policy that are driving the future of asylum in an expanded Europe. This allows for reflection on what the transformation process tells us about the current EU asylum acquis, and what it tells us about the prospects for refugee protection in the new frontier states and beyond. This book is the result of a three year study carried out by academics and practitioners from the candidate countries, current Member States, and international organizations. It explores the evolution of refugee policy and practice in a changing Europe.




Myth and Reality in the U.S. Immigration Debate


Book Description

"What part of illegal don’t you understand?" This oft-repeated slogan from immigration restrictionists illustrates the contentious quality of the immigration reform debate in the United States: a debate that has raged on unresolved since at least 1986 when our immigration system was last reformed. This impasse is due, in large part, to widespread misinformation about immigration. This short and accessible textbook takes a critical perspective on immigration law and policy, arguing that immigrant "illegality" is itself produced by law, with tremendous consequences for individuals and families. Across six chapters that examine the conceptual, historical, economic, global, legal, and racial dimensions of immigration to the United States, Prieto argues that illegal immigration is a problem of policy, not people. History and cutting-edge social science data guide an analysis of the actual, empirical impact of immigration on U.S. society. By debunking myths about immigration, the reader is invited to form their own opinion on the basis of fact and in light of the unequal treatment different immigrant groups have received since the nation’s founding. Myth and Reality in the U.S. Immigration Debate synthesizes key lessons from the fields of sociology, law and society, history, economics and critical race studies in a digestible and engaging format. This text will serve as an introduction to the study of immigration and a primer for those who wish to engage in a sober and compassionate conversation about immigrants and immigration in the United States.




Developing a Normative Framework for the Protection of Internally Displaced Persons


Book Description

The author presents a systematic review of the role of treaties in international law and seeks to demonstrate that their importance is today somewhat overstated given the extent to which States and other organizations tend to resort to more flexible means of standard-setting in order to promote respect for human rights. As this text demonstrates, the collaboration of various governmental, intergovernmental and non-governmental representatives can result in an instrument which may be broader in scope and more progressive in content. If reinforced by suitable implementation measures, it can be even more effective than a treaty in regulating States’ activities. Published under the Transnational Publishers imprint.




Detention of Asylum Seekers in Europe: Analysis and Perspectives


Book Description

This volume presents a compilation of cross-disciplinary essays written by representatives of non-governmental and inter-governmental organisations, practising lawyers, academics, researchers and a psychiatrist, which reflect the heightened concern among European refugee and human rights organisations about the increasing practice of detaining asylum seekers. Topics explored include recent trends in western, central and eastern Europe; detention practice in the US, Canada and Australia; UNHCR's approach to detention of refugees and asylum seekers; and the mental health implications of detention from a psycho-medical viewpoint. In addition, the relevant European and UN legal instruments are analysed, and examples are given from the case law. The book is supplemented by detailed appendices setting out the texts of relevant international legal provisions, together with a number of other reference documents, including UNHCR's 1995 Guidelines on Detention and ECRE's 1996 and 1997 papers on detention and alternatives to detention. In addition to providing both a description of current practice and a theoretical, legal analysis of this type of administrative detention, this volume is intended to serve as a practical tool and source of reference for individuals and organisations engaged in defending the rights of asylum seekers today.




The Collective Responsibility of States to Protect Refugees


Book Description

This title analyses the concept of sharing responsibility between states for protecting refugees under international law, and how this mechanism highlights serious concerns for the protection of refugees' rights.




Hidden in Plain View


Book Description

The Problem of Delays




A Framework for Survival


Book Description

Wars and natural disasters--from the Balkans to the Sudan, and from Afghanistan to Central Africa--have increasingly placed humanitarian workers in the crossfire. Kevin M. Cahill has assembled an international team of renowned experts to offer a much-needed assessment of the moral, legal and political dilemmas and consequences of humanitarian assistance. Focusing on health issues, A Framework for Survival takes an unflinching look at the reality facing the nations and people involved, from refugees to relief organizations. In contrast to conventional military, economic and geopolitical strategies, it suggests rational and effective solutions and foreign policy recommendations. With the collapse of many government infrastructures since the end of the Cold War, the success or failure of humanitarian efforts may, to a large extent, define the world's chances for survival.




The Readmission of Asylum Seekers under International Law


Book Description

This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.




Negotiating Asylum


Book Description

How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.




Transnational Activism in the UN and the EU


Book Description

Comparing non-governmental organizations (NGOs) in the United Nations and the European Union across a range of different issue areas, this volume examines how the choice of venue and institution affects the strategies of NGOs. Despite significant differences with respect to their scope, membership as well as their institutional rules, the authors find that the UN and the EU have surprisingly similar effects on civil society organizations and regulate access in such a way that it significantly constrains the agency of NGOs. Highlights include: A comprehensive outline of the volume’s main research questions, situated within the existing literature on the topic Eight case studies of NGO involvement in the UN and the EU across a range of different areas, including human rights, the environment, socio-economic and security issues A theoretically grounded summary of case study findings, challenging the findings of previous studies regarding the power of NGOs A discussion of the finding’s implications for the broader literature, as well as for studies relating to the EU and the UN in particular Transnational Activism in the UN and the EU will be of interest to students and scholars of International Relations, European Studies, and Global Politics. Jutta Joachim is Associate Professor of Political Science at the University of Hannover, Germany. Birgit Locher is a Research Fellow at the Institute of Political Science at the University of Tübingen, Germany.