|
Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law
This important Research Handbook provides a holistic analysis of
the development of the European Union's migration and asylum
policies. It comprehensively examines facets of each policy,
including insights from cutting-edge research and an in-depth
analysis of their development, whilst also identifying future
policy orientation. Featuring contributions from key legal
specialists in EU migration and asylum law, chapters in this
Research Handbook consider a variety of issues including, but not
limited to, the role of the institutional framework, visas,
borders, family and labour migration, refugee protection, mobility,
solidarity, and externalisation. It also offers an examination of
the effect of the migration 'crisis' on EU asylum and migration law
and the potential legal changes this may cause, as well as a survey
of the developments of the New Pact on Migration and Asylum
presented by the European Commission in 2020. Topical and
comprehensive, the Research Handbook on EU Migration and Asylum Law
is a must read for students and academics interested in EU law,
human rights, migration, and refugee law and politics. Its insights
will also help to inform the work of practitioners and policy
makers, and other experts in the areas of migration, asylum, EU
law, and EU integration.
How would we treat Paddington Bear if he came to the UK today?
Perhaps he would be a casualty of extortionate visa application
fees; perhaps he would experience a cruel term of imprisonment in a
detention centre; or perhaps his entire identity would be torn
apart at the hands of a hostile environment that delights in the
humiliation of its victims. Britain thinks of itself as a welcoming
country, but the reality is very different. This is a system in
which people born in Britain are told in uncompromising terms that
they are not British, in which those who have lived their entire
lives on these shores are threatened with deportation, and in which
falling in love with anyone other than a British national can
result in families being ripped apart. Now fully updated to include
the Nationality and Borders Bill, in this vital and alarming book,
campaigner and immigration barrister Colin Yeo tackles the subject
with dexterity and rigour, offering a roadmap of where we should go
from here as he exposes the injustice of an immigration system that
is unforgiving, unfeeling and, ultimately, failing.
This book provides an overview of the state of EU migration law in
2014. It explores the meaning of EU legislation on migration in the
light of fundamental rights and principles of Union law as
explained in leading case-law of the European courts. It is
especially aimed at students, but may likewise be useful for
practitioners, policy makers or others interested in the legal
foundations of migration in Europe. Today's Union law contains a
comprehensive and almost all-encompassing migration law system. It
governs both voluntary and forced migration. It controls entry,
residence and return. It covers both Union citizens and
third-country nationals. Though there are fields not affected by
Union law and left to the Member States, the overall picture drawn
by the existing EU instruments is fairly complete. The book
purports to present as lucidly as possible, in one framework, the
different regimes as they pertain to the free movement of Union
citizens, the association agreement with Turkey, the migration of
third country nationals for reasons of work, study, family
reunification and asylum, the regulation of movement of third
country nationals to, from and within the Schengen area, and
instruments to control migration. This second edition is written by
the same authors who wrote the first edition. Pieter Boeles,
Emeritus Professor of Migration law at the University of Leiden, is
now Visiting Professor at VU University Amsterdam; Maarten den
Heijer is Assistant Professor of International Law at the Amsterdam
Center for International Law (University of Amsterdam); Gerrie
Lodder is Senior Lecturer in Immigration Law at the University of
Leiden and Kees Wouters is Senior Refugee Law adviser at the
Division of International Protection of UNHCR in Geneva.
Written by the recognised world authority on the subject, this
title remains the definitive work on British nationality law.
Includes the following updates: - Changes to primary legislation as
regards deprivation of citizenship and registration as a British
citizen; - Changes to secondary legislation including Nationality
Instructions being replaced by the Nationality Guidance, and the
Immigration Rules which now contain provisions for a Statelessness
Determination Procedure; - Updated case law surrounding
statelessness and possession of nationality - European Union
citizenship, international standards and principles of nationality
law, both in the European region and globally.
This insightful book thoroughly examines how the EU's return acquis
is inspired by, and integrates, international migration and human
rights law. It also explores how this body of EU law has shaped
international law-making relating to the removal of non-nationals.
Set against the background of the classic doctrine on the 'autonomy
of EU law' and the EU's objective to 'develop international law',
Tamas Molnar depicts a legally sound and elaborate picture of the
EU's return acquis vis-a-vis international law, both internally and
externally. From the perspective of the EU legal order, it offers
important insights into this field from both a constitutional
perspective and from the point of view of the substantive area of
migration law. Chapters provide in-depth analysis of the EU's
return-related legislative developments reflecting international
law and the expanding return-related jurisprudence of the EU Court
of Justice. Bridging the gap between EU and international law,
which both have unique characteristics and are often studied in
different spheres, this book will appeal to academics and
practising lawyers dealing with the expulsion of migrants in
irregular situations. It will also be a useful read for law
scholars, practitioners and postgraduate students who wish to
further their understanding of the interactions between these two
legal orders.
This timely Handbook brings together leading international scholars
from a range of disciplinary backgrounds and geopolitical
perspectives to interrogate the intersections between migration and
global justice. It explores how cross-border mobility and migration
have been affected by rapid economic, cultural and technological
globalisation, addressing the pressing questions of global justice
that arise as governments respond to unprecedented levels of global
migration. Chapters analyse the key issues arising from tensions
between international and national priorities, duties and laws, as
well as visions for human coexistence and harmony. Featuring
chapters written by researchers, political activists and
contributors with lived experience of migration injustice, the
Handbook explores central topics including failures in refugee
protection, worker exploitation and violence against migrants.
Looking ahead, it also discusses possible pathways to achieve
global justice in and through migration, in terms of geopolitics,
subjective experience, human rights and redistributive justice,
global solidarity and political activism. Combining empirical case
studies with cutting-edge theory, this Handbook will be an
invaluable resource for scholars and students of migration, human
rights and public policy. The application of the global justice
concept to issues of migration and border control will also be
useful for policy makers, practitioners and NGOs in these areas.
Immigration Law in South Africa outlines the existing law
applicable to foreigners as reflected in the Immigration Act, the
Citizenship Act, the Domicile Act and the Extradition Act as at 31
July 2017. The book also draws attention to the policy shifts by
the South African government in the White Paper on International
Migration, the Border Management Act, and the Discussion Paper on
the repositioning of the Department of Home Affairs within the
security cluster. Immigration Law in South Africa comprises three
parts. Part One contextualises migration at an international level
and within South Africa. This part discusses the concept of
migration in the context of South Africa and on the international
stage and how the human rights perspective has developed the notion
of migration in South Africa. Part Two examines South African
immigration law specifically - whom the state allows to enter and
leave, who is considered undesirable or prohibited, permanent
residence, and the various types of short-term visas that are
offered to foreigners. Part Three considers the penalties that
South Africa can impose on foreigners who violate the immigration
laws of South Africa: the deportation, detention and extradition
laws relating to immigrants in South Africa are examined.
This comprehensive Commentary provides the first fully up-to-date
analysis and interpretation of the Council of Europe Convention on
Action against Trafficking in Human Beings. It offers a concise yet
thorough article-by-article guide to the Convention's
anti-trafficking standards and corresponding human rights
obligations. This Commentary includes an analysis of each article's
drafting history, alongside a contextualisation of its provisions
with other anti-trafficking standards and a discussion of the core
issues of interpretation. The Commentary also presents the first
full exploration of the findings of the Convention's monitoring
body, the Group of Experts on Action against Trafficking in Human
Beings (GRETA), providing a better understanding of the practical
implications and challenges in relation to the Convention's
standards. Practitioners in the field of anti-trafficking,
including lawyers, law enforcement agencies and providers of victim
support services will find the Commentary's concise analysis
invaluable. It will also prove useful to researchers and students
of human rights law, as well as to policymakers looking for
guidance concerning obligations stemming from the Convention.
Twenty Years at Hull House, by the acclaimed memoir of social
reformer Jane Addams, is presented here complete with all
sixty-three of the original illustrations and the biographical
notes. A landmark autobiography in terms of opening the eyes of
Americans to the plight of the industrial revolution, Twenty Years
at Hull House has been applauded for its unflinching descriptions
of the poverty and degradation of the era. Jane Addams also details
the grave ill-health she suffered during and after her childhood,
giving the reader insight into the adversity which she would
re-purpose into a drive to alleviate the suffering of others. The
process by which Addams founded Hull House in Chicago is detailed;
the sheer scale and severity of the poverty in the city she and
others witnessed, the search for the perfect location, and the
numerous difficulties she and her fellow activists encountered
while establishing and maintaining the house are detailed.
This volume tackles contemporary problems of legal accommodation of
diversity in Europe and recent developments in the area in diverse
European legal regimes. Despite professing the motto Unity in
Diversity Europe appears to be struggling with discord rather than
unity. Legal discussions reflect a crisis when it comes to matters
of migration, accommodation of minorities and dealing with the
growing heterogeneity of European societies. This volume
illustrates that the current legal conundrums stem from European
oscillation between, on the one hand, acknowledging the need of
accommodation, and, on the other, the tendencies to preserve
existing legal traditions. It claims that these opposite tendencies
have led Europe to the edge of pluralism. This 'edge', just as the
linguistic interpretation of the word 'edge', carries multiple
meanings conveying a plethora of problems encountered by law when
dealing with diversity. The authors attempt to explore and
illustrate these multiple edges of pluralism tracing back their
origins and examining the contemporary legal conundrums they have
led to. The volume encourages the readers to explore whether there
are fundamental problems with approaches to diversity and if so can
they be rescued from their current precarious position. It asks
whether Europe at the edge is truly capable to unite in diversity
and develop a constructive approach to its growing pluralism. The
book is aimed at academics, practitioners and students focusing
their work on contemporary problems of diversity, multiculturalism
and accommodation of migrants as well as everybody interested in
the area.
Concerns have arisen in recent decades about the impact of climate
change on human mobility. Many people affected by climate change
are forced or otherwise decide to migrate within or across
international borders. Despite its clear importance, many questions
remain open regarding the nature of the climate-migration nexus and
its implications for laws and institutions. In the face of such
uncertainty, this Research Handbook offers a comprehensive picture
of laws and institutions relevant to climate migration and the
multiple, often contradictory perspectives on the topic. Carefully
edited chapters by leading scholars in the field provide a cross
section of the various debates on what laws do, can do and should
do in relation to the impacts of climate change on migration. A
first part analyses the relations between climate change and
migration. A second part explores how existing laws and
institutions address the climate-migration nexus. In the final
part, the chapters discuss possible ways forward. This timely
Research Handbook provides much-needed insight into this complex
issue for graduate and post-graduate students in climate change or
migration law. It will also appeal to students and scholars in
political science, international relations, environmental studies
and migration studies, as well as policymakers and advocates.
Contributors include: G. Appave, F. Biermann, I. Boas, M. Burkett,
M. Byrne, C. Cournil, F. Crepeau, F. De Salles Cavedon-Capdeville,
C. Farbotko, E. Ferris, F. Gemenne, K. Hansen, J. Hathaway, C.
Hong, D. Ionesco, A.O. Jegede, S. Jodoin, S. Kagan, M. Leighton, S.
Martin, B. Mayer, S. Mcinerney-Lankford, R. Mcleman, I. Millar, D.
Mokhnacheva, C.T.M. Nicholson, E. Pires Ramos, A. Randall, A.
Sironi, M. Traore Chazalnoel, C. Vlassopoulos, K. Wilson, K.M.
Wyman
This book provides a new and powerful account of the demands of
justice on immigration law and policy. Drawing principally on the
work of Adam Smith, Immanuel Kant, and John Rawls, it argues that
justice requires states to give priority of admission to the most
disadvantaged migrants, and to grant some form of citizenship or
non-oppressive status to those migrants who become integrated. It
also argues that states must avoid policies of admission and
exclusion that can only be implemented through unjust means. It
therefore refutes the common misconception that justice places no
limits on the discretion of states to control immigration.
The right to free movement is the one privilege that EU citizens
value the most in the Union, but one that has also created much
political controversy in recent years, as the debates preceding the
2016 Brexit referendum aptly illustrate. This book examines how
European politicians have justified and criticized free movement
from the commencement of the first Commission of the EU-25 in
November 2004 to the Brexit referendum in June 2016. The analysis
takes into account the discourses of Heads of State, Governments
and Ministers of the Interior (or Home Secretaries) of six major
European states: the UK, Germany, France, Italy, Spain and Romania.
In addition to these national leaders, the speeches of European
Commissioners responsible for free movement matters are also
considered. The book introduces a new conceptual framework for
analysing practical reasoning in political discourses and applies
it in the analysis of national free movement debates contextualised
in respective migration histories. In addition to results related
to political discourses, the study unearths wider problems related
to free movement, including the diversified and variegated
approaches towards different groups of movers as well as the
exclusive attitudes apparent in both discourses and policies. The
History and Politics of Free Movement within the European Union is
of interest to anyone studying national and European politics and
ideologies, contemporary history, migration policies and political
argumentation.
"Sin imaginarlo otra vida comenzaba para nosotros como para otros
miles o millones de cubanos comenzaba la diaspora a esparcirse por
el mundo buscando lo mas elemental para vivir, un trabajo, un pan,
un alero. Igual que cuando salimos de Cuba no tenia idea de lo que
estaba pasando cumplia con mis responsabilidades sacaba los grados
de la escuela vivia como cualquiera otra hija de vecina, algunas
veces iba al cine hoy Teatro Trial o con las companeras de la
escuela al Orange Bowl para algun juego. Un dia me montaron en un
avion destino: Caracas, la sucursal del cielo. Venezuela. Hoy
cuando he jurado respetar la constitucion y leyes de esta republica
de alguna manera me pregunto porque el destino me jugo esta partida
de ser y no ser, de tener y no tener, de ser de aqui pero ser de
alla un poco como no ser de ninguna parte de un libreto que me toco
vivir gracias a Dios por todo esto, a mi hermano, su esposa, mis
hijos, los hijos del Sr Smith, a mis dos sobrinos a mis amigos que
me ayudaron a correr este camino largo y dificil de la mejor
manera. Tambien al Sr Smith mi companero inseparable de tantos
anos, algunas veces alumno otras maestro siempre con su espiritu de
manana sera mejor que hoy tambien hizo posible este fin de etapa.""
|
|