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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law

Myth and Reality in the U.S. Immigration Debate (Hardcover): Greg Prieto Myth and Reality in the U.S. Immigration Debate (Hardcover)
Greg Prieto
R3,017 Discovery Miles 30 170 Ships in 12 - 17 working days

"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.

Critical Race Theory, Fourth Edition - An Introduction (Paperback): Richard Delgado, Jean Stefancic Critical Race Theory, Fourth Edition - An Introduction (Paperback)
Richard Delgado, Jean Stefancic; Foreword by Angela Harris
R487 Discovery Miles 4 870 Ships in 12 - 17 working days

A new edition of a seminal text in Critical Race Theory Since the publication of the third edition of Critical Race Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects of public life are glaringly obvious. Taking note of all these developments, this fourth edition covers a range of new topics and events and addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study. Award-winning authors Richard Delgado and Jean Stefancic also address the rise in legislative efforts to curtail K–12 teaching of racial history. Critical Race Theory, Fourth Edition, is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new readings and questions for discussion aimed at outlining practical steps to achieve this objective.

Myth and Reality in the U.S. Immigration Debate (Paperback): Greg Prieto Myth and Reality in the U.S. Immigration Debate (Paperback)
Greg Prieto
R1,132 Discovery Miles 11 320 Ships in 12 - 17 working days

"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.

Normative Pluralism and Human Rights - Social Normativities in Conflict (Paperback): Kyriaki Topidi Normative Pluralism and Human Rights - Social Normativities in Conflict (Paperback)
Kyriaki Topidi
R1,239 Discovery Miles 12 390 Ships in 12 - 17 working days

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of 'laws' result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

Extraordinary Rendition - Addressing the Challenges of Accountability (Paperback): Elspeth Guild, Didier Bigo, Mark Gibney Extraordinary Rendition - Addressing the Challenges of Accountability (Paperback)
Elspeth Guild, Didier Bigo, Mark Gibney
R1,268 Discovery Miles 12 680 Ships in 12 - 17 working days

The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes. The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding the complicity of several state parties and the incompatibility of those actions with the European Convention of Human Rights and Fundamental Freedoms (ECHR). The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability, and identifies significant obstacles in going even further -- as international law demands. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.

The Right to Development in the African Human Rights System (Paperback): Serges Djoyou Kamga The Right to Development in the African Human Rights System (Paperback)
Serges Djoyou Kamga
R1,239 Discovery Miles 12 390 Ships in 12 - 17 working days

The right to development (RTD) seeks to address global inequities hidden in world politics and global institutions through the game of influences played by powerful actors. The negative impacts of the Atlantic slave trade, colonialism, and the subjugation of Africa through globalisation and its institutions are key factors that have caused Africa and African people claiming their RTD. This book examines how the African continent protects the right to development, examining the nature of the RTD and controversies surrounding it and how it is implemented. The book then goes onto explore the RTD at the regional level including through the jurisprudence of the African Commission and the African Court on Human Rights, at the sub-regional level including in sub-regional courts and tribunals, at the national levels through case studies and through the African Union governance institutions. Through this examination, the author unveils what are the prospects and challenges to the realisation of the RTD in Africa.

Persecution, International Refugee Law and Refugees - A Feminist Approach (Hardcover): Mathilde Crepin Persecution, International Refugee Law and Refugees - A Feminist Approach (Hardcover)
Mathilde Crepin
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.

Implementing EU Mobility Partnerships - Putting Soft Law into Practice (Hardcover): Fanny Tittel-Mosser Implementing EU Mobility Partnerships - Putting Soft Law into Practice (Hardcover)
Fanny Tittel-Mosser
R3,326 Discovery Miles 33 260 Ships in 12 - 17 working days

This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships' projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.

Marginalisation and Human Rights in Southeast Asia (Hardcover): Al Khanif, Khoo Ying Hooi Marginalisation and Human Rights in Southeast Asia (Hardcover)
Al Khanif, Khoo Ying Hooi
R3,770 Discovery Miles 37 700 Ships in 12 - 17 working days

This book analyses marginalisation and human rights in Southeast Asia and offers diverse approaches in understanding the nuances of marginalisation and human rights in the region. Throughout the region, a whole range of similarities and differences can be observed relating to the Southeast Asian experience of human rights violation, with each country maintaining particular aspects reflecting the variability of the use and abuse of political power. This book explores the distinct links between marginalisation and human rights for groups exposed to discrimination. It focuses on ethnic minorities, children, indigenous peoples, migrant workers, refugees, academics, and people with disabilities. This book highlights the disparities in attainment and opportunity of marginalised and minority groups in Southeast Asia to their rights. It examines how marginalisation is experienced, with case studies ranging from a regional approach to country context. Paying attention to how broader socio-economic and political structures affect different people's access to, or denial of, their fundamental human rights and freedoms, the book argues that tackling human rights abuses remains a major hurdle for the countries in Southeast Asia. Providing a broader conceptual framework on marginalisation and human rights in Southeast Asia and a new assessment of these issues, this book will be of interest to readers in the fields of Asian Law, Human Rights in Asia, and Southeast Asian Studies, in particular Southeast Asian Politics.

Women's Rights and Religious Law - Domestic and International Perspectives (Paperback): Fareda Banda, Lisa Fishbayn Joffe Women's Rights and Religious Law - Domestic and International Perspectives (Paperback)
Fareda Banda, Lisa Fishbayn Joffe
R1,251 Discovery Miles 12 510 Ships in 12 - 17 working days

The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women's political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women's equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.

Surveillance and the Law - Language, Power, and Privacy (Paperback): Maria Helen Murphy Surveillance and the Law - Language, Power, and Privacy (Paperback)
Maria Helen Murphy
R631 Discovery Miles 6 310 Ships in 12 - 17 working days

Surveillance of citizens is a clear manifestation of government power. The act of surveillance is generally deemed acceptable in a democratic society where it is necessary to protect the interests of the nation and where the power is exercised non-arbitrarily and in accordance with the law. Surveillance and the Law analyses the core features of surveillance that create stark challenges for transparency and accountability by examining the relationship between language, power, and surveillance. It identifies a number of features of surveillance law, surveillance language, and the distribution of power that perpetuate the existing surveillance paradigm. Using case studies from the US, the UK, and Ireland, it assesses the techniques used to maintain the status quo of continued surveillance expansion. These jurisdictions are selected for their similarities, but also for their key constitutional distinctions, which influence how power is distributed and restrained in the different systems. Though the book maintains that the classic principles of transparency and accountability remain the best means available to limit the arbitrary exercise of government power, it evaluates how these principles could be better realised in order to restore power to the people and to maintain an appropriate balance between government intrusion and the right to privacy. By identifying the common tactics used in the expansion of surveillance around the globe, this book will appeal to students and scholars interested in privacy law, human rights, information technology law, and surveillance studies.

From Reception to Integration of Asylum Seekers and Refugees in Poland (Hardcover): Karolina Sobczak-Szelc, Marta Pachocka,... From Reception to Integration of Asylum Seekers and Refugees in Poland (Hardcover)
Karolina Sobczak-Szelc, Marta Pachocka, Konrad Pedziwiatr, Justyna Szalanska, Monika Szulecka
R3,774 Discovery Miles 37 740 Ships in 12 - 17 working days

This book sheds light on the complex experiences of asylum seekers and refugees in Poland, against a local backdrop of openly anti-refugee political narratives and strong opposition to sharing the responsibility for, and burden of, asylum seekers arriving in the EU. Through a multidimensional analysis, it highlights the processes of forced migrant admission, reception and integration in a key EU frontier country that has undergone a rapid migration status change from a transit to a host country. The book examines rich qualitative material drawn from interviews conducted with forced migrants with different legal statuses and with experts from public administration at the central and local levels, NGOs, and other institutions involved in migration governance in Poland. It discusses both opportunities for and limitations on forced migrants' adaptation in the social, economic, and political dimensions, as well as their access to healthcare, education, the labour market, and social assistance. This book will be of particular interest to scholars, students, policymakers, and practitioners in migration and asylum studies, social policy, public policy, international relations, EU studies/European integration, law, economics, and sociology.

Migration, New Nationalisms and Populism - An Epistemological Perspective on the Closure of Rich Countries (Hardcover): Rada... Migration, New Nationalisms and Populism - An Epistemological Perspective on the Closure of Rich Countries (Hardcover)
Rada Ivekovic
R3,926 Discovery Miles 39 260 Ships in 12 - 17 working days

This book examines the antagonistic relationship between new European nationalisms as these often go hand-in-hand with populism, and the phenomenon of migration. Migration has become a significant issue both in Europe and the whole world. Although it has always existed, much of public opinion sees it now as a problem. The latter has been exaggerated through a crisis in hospitality exacerbated by the relatively recently constructed and misplaced feeling of a civilisational threat from islam. Migration is then countered by the escalation of new nationalisms, at least some of which are supported by populism. This book offers an understanding of this conjunction of migration and nationalism in the post-cold war European context. More specifically, the book takes up how the end of the simplified cold war cognitive binary means an unprecedented epistemological confusion and depoliticisation which takes migration as its target, but could resort to other targets too. Discussing the postcolonial background to the new migrations, the book also considers womens' rights, postsocialism and the relevance of the current pandemic, as the issue of migration is addressed in the context of the European crisis-ridden present. This wide-ranging interrogation of how contemporary European migration is conceived and understood will appeal to students, academics, activists, policy makers, and others with interests in contemporary migration, new nationalisms, populism, feminism, colonial, postcolonial, and decolonial issues, as well as socialism and postsocialism.

EU General Data Protection Regulation (GDPR) - An implementation and compliance guide (Paperback, 4th ed.): It Governance... EU General Data Protection Regulation (GDPR) - An implementation and compliance guide (Paperback, 4th ed.)
It Governance Privacy Team
R1,242 R737 Discovery Miles 7 370 Save R505 (41%) Ships in 12 - 17 working days

Understand your GDPR obligations and prioritise the steps you need to take to comply The GDPR gives individuals significant rights over how their personal information is collected and processed, and places a range of obligations on organisations to be more accountable for data protection. The Regulation applies to all data controllers and processors that handle EU residents' personal information. It supersedes the 1995 EU Data Protection Directive and all EU member states' national laws that are based on it - including the UK's DPA (Data Protection Act) 1998. Failure to comply with the Regulation could result in fines of up to 20 million or 4% of annual global turnover - whichever is greater. This guide is a perfect companion for anyone managing a GDPR compliance project. It provides a detailed commentary on the Regulation, explains the changes you need to make to your data protection and information security regimes, and tells you exactly what you need to do to avoid severe financial penalties. Clear and comprehensive guidance to simplify your GDPR compliance project Now in its fourth edition, EU General Data Protection Regulation (GDPR) - An implementation and compliance guide provides clear and comprehensive guidance on the GDPR. It explains the Regulation and sets out the obligations of data processors and controllers in terms you can understand. Topics covered include: The DPO (data protection officer) role, including whether you need one and what they should do; Risk management and DPIAs (data protection impact assessments), including how, when and why to conduct one; Data subjects' rights, including consent and the withdrawal of consent, DSARs (data subject access requests) and how to handle them, and data controllers and processors' obligations; Managing personal data internationally, including updated guidance following the Schrems II ruling; How to adjust your data protection processes to comply with the GDPR, and the best way of demonstrating that compliance; and A full index of the Regulation to help you find the articles and stipulations relevant to your organisation. Supplemental material While most of the EU GDPR's requirements are broadly unchanged in the UK GDPR, the context is quite different and will have knock-on effects. You may need to update contracts regarding EU-UK data transfers, incorporate standard contractual clauses into existing agreements, and update your policies, processes and procedural documentation as a result of these changes. We have published a supplement that sets out specific extra or amended information for this pocket guide. Click here to download the supplement. About the authors The IT Governance Privacy Team, led by Alan Calder, has substantial experience in privacy, data protection, compliance and information security. This practical experience, their understanding of the background and drivers for the GDPR, and the input of expert consultants and trainers are combined in this must-have guide to GDPR compliance. Start your compliance journey now and buy this book today.

Freedom for the Thought That We Hate - A Biography of the First Amendment (Paperback, First Trade Paper Edition): Anthony Lewis Freedom for the Thought That We Hate - A Biography of the First Amendment (Paperback, First Trade Paper Edition)
Anthony Lewis
R585 Discovery Miles 5 850 Ships in 10 - 15 working days

More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America's culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.

In "Freedom for the Thought That We Hate," two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas--political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America's great founding ideas.

Freedom from Religion and Human Rights Law - Strengthening the Right to Freedom of Religion and Belief for Non-Religious and... Freedom from Religion and Human Rights Law - Strengthening the Right to Freedom of Religion and Belief for Non-Religious and Atheist Rights-Holders (Paperback)
Marika McAdam
R1,238 Discovery Miles 12 380 Ships in 9 - 15 working days

Although human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the claimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate and freedom from the religions of their parents.

The Three Pillars of Liberty - Political Rights and Freedoms in the United Kingdom (Paperback, New): Francesca Klug, Keir... The Three Pillars of Liberty - Political Rights and Freedoms in the United Kingdom (Paperback, New)
Francesca Klug, Keir Starmer, Stuart Weir
R1,265 R851 Discovery Miles 8 510 Save R414 (33%) Ships in 12 - 17 working days

In this study, an audit of British compliance with international human rights standards is carried out. The book identifies 44 violations and 19 near violations. It provides an up-to-date description of law and practice with respect of freedom of information, freedom of expression, freedom of assembly and public protest, freedom of association and trade unionism, state surveillance, the right to life and liberty, and the right to vote and stand in elections. This study looks at both the political and legal aspects of political freedom in the UK. It measures political freedom specifically against international standards and provides the "Human Rights Index" - a system for measuring political rights which may be used to monitor legislation in the UK from 1997 or in any country in the rest of the world.

Law Express: Human Rights (Paperback, 5th edition): Claire De Than Law Express: Human Rights (Paperback, 5th edition)
Claire De Than
R450 Discovery Miles 4 500 Ships in 9 - 15 working days

JOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW EXPRESS Revise with the help of the UK's bestselling law revision series. Features: * Review essential cases, statutes, and legal terms before exams. * Assess and approach the subject by using expert advice. * Gain higher marks with tips for advanced thinking and further discussions. * Avoid common pitfalls with Don't be tempted to. * Practice answering sample questions and discover additional resources on the Companion website. www.pearsoned.co.uk/lawexpress

In Your Face - Law, Justice, and Niqab-Wearing Women in Canada (Paperback): Natasha Bakht In Your Face - Law, Justice, and Niqab-Wearing Women in Canada (Paperback)
Natasha Bakht
R1,111 Discovery Miles 11 110 Ships in 10 - 15 working days
The Right to Privacy Revisited - Different International Perspectives (Hardcover): Aysem Diker Vanberg, OEzgur Heval Cinar The Right to Privacy Revisited - Different International Perspectives (Hardcover)
Aysem Diker Vanberg, OEzgur Heval Cinar
R3,913 Discovery Miles 39 130 Ships in 12 - 17 working days

This book focuses on the right to privacy in the digital age with a view to see how it is implemented across the globe in different jurisdictions. The right to privacy is one of the rights enshrined in international human rights law. It has been a topic of interest for both academic and non-academic audiences around the world. However, with the increasing digitalisation of modern life, protecting one's privacy has become more complicated. Both state and non-state organisations make frequent interventions in citizens' private lives. This edited volume aims to provide an overview of recent development pertaining to the protection of the right to privacy in the different judicial systems such as the European, South Asian, African and Inter-American legal systems. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

Citizenship in Times of Turmoil? - Theory, Practice and Policy (Hardcover): Devyani Prabhat Citizenship in Times of Turmoil? - Theory, Practice and Policy (Hardcover)
Devyani Prabhat
R3,142 Discovery Miles 31 420 Ships in 12 - 17 working days

''When the exception becomes the norm, the power of the sovereign is arbitrary, just as in pre-democratic times. But such arbitrariness is not random: it is applied primarily to certain categories of what used to be called ''the lower orders'' of society - the undocumented immigrants and the racially ''other,'' regardless of prior citizenship status. The very notion of citizen becomes vague and the status can be lost through a Kafkaesque process in which the state is unfathomable and often acts behind the scenes. This book edited by Devyani Prabhat brings together academics and lawyers working in the field of nationality and immigration laws, and shows how what has long been a feature of the labor market, namely, the precarious nature of jobs, has now become a feature of basic rights of ''belonging.'' Citizenship is precarious too. The chapters in this volume lead us straight to the question: What is the rule of law in such state of indistinction? Societies in decadence, like the current Western powers, entwine retrenchment with resentment, the exceptional with the normal, the in-group with the out-group. Devyani Prabhat and her colleagues analyze with great precision the alarming advance of legal imprecision, the interests that are vested in categorical confusion, and the erosion of basic rights in societies like the UK and the US - notably the right of persons to reside in peace and without fear.' - Juan Corradi, New York University, US This innovative book considers the evolution of the contemporary issues surrounding British citizenship, integrating the social aspects and ideas of identity and belonging alongside its legal elements. With contributions from renowned lawyers and academics, it challenges the view that there are immutable values and enduring rights associated with citizenship status. The book is organised into three thematic parts. Expert contributors trace the life cycle of the citizenship process, focusing on becoming a British citizen, retaining this citizenship with its associated rights, and the potential loss of citizenship owing to immigration controls. Through a critical examination of the concepts and content of British citizenship, the premise that citizenship retracts from full membership in society in times of turmoil is questioned. Wide-ranging and interdisciplinary, Citizenship in Times of Turmoil? will be a key resource for scholars and students working within the fields of migration, citizenship and immigration law. Including details of legal practice, it will also be of benefit to practitioners.

A Practical Guide to Using International Human Rights and Criminal Law Procedures (Paperback): Connie de la Vega, Alen Mirza A Practical Guide to Using International Human Rights and Criminal Law Procedures (Paperback)
Connie de la Vega, Alen Mirza
R1,928 Discovery Miles 19 280 Ships in 12 - 17 working days

With this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe. These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.

Policing Undocumented Migrants - Law, Violence and Responsibility (Paperback): Louise Boon Kuo Policing Undocumented Migrants - Law, Violence and Responsibility (Paperback)
Louise Boon Kuo
R1,266 Discovery Miles 12 660 Ships in 12 - 17 working days

Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people 'illegal'. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspectives from advocates, detailed analysis of legislation, case law and policy, this book provides an in-depth account of the experiences and legal regulation of undocumented migrants within Australia. Case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention, and character based visa determination challenge conventional binaries in migration analysis between the citizen and non-citizen and between lawful and unlawful status. By showing the organised and central role of discretionary legal authority in policing status, this book proposes a new perspective through which responsibility for migration legal practices can be better understood and evaluated. Policing Undocumented Migrants will be of interest to scholars and practitioners working in the areas of criminology, criminal law, immigration law and border studies.

Unaccompanied Children in European Migration and Asylum Practices - In Whose Best Interests? (Paperback): Mateja Sedmak, Birgit... Unaccompanied Children in European Migration and Asylum Practices - In Whose Best Interests? (Paperback)
Mateja Sedmak, Birgit Sauer, Barbara Gornik
R1,357 Discovery Miles 13 570 Ships in 12 - 17 working days

Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children's rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children's rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants' rights in practice. Authors deconstruct power relations residing within the discourses of children's rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children's' rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors' survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states' obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.

Bureaucracy, Law and Dystopia in the United Kingdom's Asylum System (Paperback): John R. Campbell Bureaucracy, Law and Dystopia in the United Kingdom's Asylum System (Paperback)
John R. Campbell
R1,347 Discovery Miles 13 470 Ships in 12 - 17 working days

The central concern of this book is to find answers to fundamental questions about the British asylum system and how it operates. Based on ethnographic research over a two-year period, the work follows and analyses numerous asylum appeals through the British courts. It draws on myriad interviews with individuals and a thorough examination of many state and non-state organizations to understand how the system works. While the organization of the book reflects the formal asylum process, a focus on specific legal appeals reveals the 'political' factors at play as different institutions and actors seek to influence judicial decision-making and overturn/uphold official asylum policy. The final chapter draws on the author's ethnographic findings of the UK's 'asylum field' to re-examine research on the Refugee Determination System in the US, Canada and Australia which has narrowly focused on judicial decision-making. It argues that analysis of Refugee Determination Systems must be situated and studied as part of a wider, political, semi-autonomous 'asylum field' which needs to be better understood. Providing an in-depth ethnographic study of a national asylum system and of immigration law and practice, the book will be an invaluable resource for academics, researchers and policy-makers in the UK and beyond working in this highly topical area.

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