How should international law approach the critical issue of movement of peoples in the 21st century? This book presents a radical reappraisal of this controversial problem. Challenging present-day ideas of restrictions on freedom of movement and the international structure that controls entry to states, it argues for a new blueprint for international migration policy that eliminates waste, aids both developing and developed societies and brings attendant benefits to voluntary migrants and involuntary refugees alike. In a world of increasing disorder, it is suggested that current policy only adds to international instability and threatens the interests of a functional global community.

A collection of papers incorporating critical perspectives in the development of asylum law with as focus on European and UK developments. Incorporating international human rights law and comparative law perspectives. Issues covered range from law-making at the EU level, with a particular focus on extra-territorial processing of refugees claims, asylum procedures, family members of those in need of protection, welfare benefits and impact of national level on the reception of EU norms. Domestic and comparative perspectives offered include discussions on detention, judicial decision making, appeal rights, claims processing with particular reference to the role of interpreters and developments in Australia which have provided a model of thought worthy of emulation in the UK.

Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

India Migration Report 2014 is one of the first systematic studies on contribution of diasporas in development, in countries of origin as well as destination. This volume:examines how diasporic human and financial resources can be utilized for economic growth and sustainable development, especially in education and health;offers critical insights o

Many governments face similar pressures surrounding the hotly debated topic of immigration. Yet, the disparate ways in which policy makers respond is striking. The Comparative Politics of Immigration explains why democratic governments adopt the immigration policies they do. Through an in-depth study of immigration politics in Germany, Canada, Switzerland, and the United States, Antje Ellermann examines the development of immigration policy from the postwar era to the present. The book presents a new theory of immigration policymaking grounded in the political insulation of policy makers. Three types of insulation shape the translation of immigration preference into policy: popular insulation from demands of the unorganized public, interest group insulation from the claims of organized lobbies, and diplomatic insulation from the lobbying of immigrant-sending states. Addressing the nuances in immigration reforms, Ellermann analyzes both institutional factors and policy actors' strategic decisions to account for cross-national and temporal variation.

First Published in 1995. Since many Japanese immigrants focused on agriculture, California and other western states sought to discourage their presense by passing laws making it impossible for Japanese to own agricultural land and enacted other discriminatory as well. The articles in this volume explore the background and ramifications of the so-called Alien Land laws and other anti-Japanese measures and the fascinating legal challenges that ensued.

This is a definitive assessment of the current situation regarding migration in a comprehensive range of European countries with chapters on the USA, Canada, and New Zealand for purposes of comparison. Each country study is written by a local expert and the book as a whole is edited by one of Europe's leading scholars in the economics of migration.

The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the 'juridical turn', where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful-if often overlooked-influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim's rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.

The Soviet Union comprehensively governed the mobility of its citizens by barring emigration and strictly regulating internal migration. In the aftermath of the Soviet collapse, the constitution and laws of the new Russian Federation appeared to herald a complete break with the repressiveness of the previous government. Russian law now proclaims the right of Russian citizens and residents to move around their country freely. This book examines how and why this post-Soviet legal promise of internal freedom of movement has been undermined in practice by both federal and regional policies. It thereby adds a new dimension to scholarly understanding of the nature of rights, citizenship, and law enforcement in contemporary Russia. Most contemporary works focus on the attempts of developed Northern countries to regulate migration from the global South to the global North: here Matthew Light examines the restriction of migration within Soviet and post-Soviet Russia, providing a comprehensive view into an area rarely explored within migration scholarship. Fragile Migration Rights develops a comprehensive theoretical framework to analyse this complex subject. It is essential reading for students and academics from a range of disciplines including criminology, human rights, migration studies, and political science.

This book investigates and analyses how administrative law works in practice through a detailed case-study and evaluation of one of the UK's largest and most important administrative agencies, the immigration department. In doing so, the book broadens the conversation of administrative law beyond the courts to include how administrative agencies themselves make, apply, and enforce the law. Blending theoretical and empirical administrative-legal analysis, the book demonstrates why we need to pay closer attention to what government agencies actually do, how they do it, how they are organised, and held to account. Taking a contextual approach, the book provides a detailed analysis of how the immigration department performs its core functions of making policy and law, taking mass casework decisions, and enforcing immigration law. The book considers major recent episodes of immigration administration including the development of the hostile environment policy and the treatment of the Windrush generation. By examining a diverse range of material, the book presents a model of administrative law based upon the organisational competence and capacity of administration and its institutional design. Alongside diagnosing the immigration department's failings, the book advances positive proposals for its reform.

Research on migration has often focused on push and pull factors; and on the mobilities which drive migration. What has often received less attention, and what this book recognises, is the importance of the creative activities which occur when strangers meet and settle for long periods of time in new places. Contributions consider case studies in Italy, Kyrgyzstan, France, Portugal and Australia, as well as taking a careful look at the Commonwealth City of Glasgow. They explore the making and use of literature (for adults and children) of art installations; translation processes in immigration law; education materials; and intercultural understanding. The research reveals the extent to which migration takes a place, and takes different forms, as life is made anew out of intercultural encounters which have a geographical specificity. This shift in focus allows a different lens to be placed on languages, intercultural communication and the activities of migration, and enables the settings themselves to come under scrutiny. This book was originally published as a special issue of Language and Intercultural Communication.

This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status. In the past decade, the issue has received increasing attention in academic writing, the media and the courtroom. This book contains an interdisciplinary analysis. The empirical data, collected for this study and not published previously, concerns Dutch asylum practice. The Netherlands is a prominent refugee-receiving country in Europe, yet hardly any English texts address Dutch refugee law. The book also covers foreign case law and academic writing. Therefore, the analysis is relevant for all refugee-receiving countries in the Western world; the empirical data on The Netherlands functions as a case study. The book combines perspectives of post-structuralist feminism and post-colonial studies. Refugee women are constructed as a double other. This intersectionality is related to the construction of the Third World as feminine (passive, in need of active outside intervention etc., etc.). The book provides a comprehensive overview of academic writing and of case law on the subject. On this basis of theoretical perspectives that were almost ignored until now, it develops an innovative critique of refugee law discourse and outlines its possible consequences for legal doctrine.

Research on migration has often focused on push and pull factors; and on the mobilities which drive migration. What has often received less attention, and what this book recognises, is the importance of the creative activities which occur when strangers meet and settle for long periods of time in new places. Contributions consider case studies in Italy, Kyrgyzstan, France, Portugal and Australia, as well as taking a careful look at the Commonwealth City of Glasgow. They explore the making and use of literature (for adults and children) of art installations; translation processes in immigration law; education materials; and intercultural understanding. The research reveals the extent to which migration takes a place, and takes different forms, as life is made anew out of intercultural encounters which have a geographical specificity. This shift in focus allows a different lens to be placed on languages, intercultural communication and the activities of migration, and enables the settings themselves to come under scrutiny. This book was originally published as a special issue of Language and Intercultural Communication.

In Scandinavian countries immigration is a sensitive issue and legislators' approach to the questions it has raised has varied over the years. Whatever immigrant and integration policies are adopted in a democratic society, it is clear that the legislation and the authorities have to ensure that the individual rights of the immigrants residing in its territory are respected. With Canada as a point of reference, this book draws attention to weaknesses in the regulation and implementation of integration provisions threatening the immigrants' individual rights in the EU member states of Denmark, Finland and Sweden. The study challenges readers to critically review the meaning of rights and the notion of global caring. It takes a critical look at how vulnerable immigrants fare in a largely immigrant nation with a welfare capitalism legacy, when compared to three European nations which claim to embrace institutional welfare models. This book will be of great interest to scholars and decision-makers interested in Scandinavian or Canadian immigration and integration policies.

Twenty years after the fall of the Berlin Wall, the question remains 'Do good fences still make good neighbours'? Since the Great Wall of China, the Antonine Wall, built in Scotland to support Hadrian's Wall, the Roman 'Limes' or the Danevirk fence, the 'wall' has been a constant in the protection of defined entities claiming sovereignty, East and West. But is the wall more than an historical relict for the management of borders? In recent years, the wall has been given renewed vigour in North America, particularly along the U.S.-Mexico border, and in Israel-Palestine. But the success of these new walls in the development of friendly and orderly relations between nations (or indeed, within nations) remains unclear. What role does the wall play in the development of security and insecurity? Do walls contribute to a sense of insecurity as much as they assuage fears and create a sense of security for those 'behind the line'? Exactly what kind of security is associated with border walls? This book explores the issue of how the return of the border fences and walls as a political tool may be symptomatic of a new era in border studies and international relations. Taking a multidisciplinary approach, this volume examines problems that include security issues ; the recurrence and/or decline of the wall; wall discourses ; legal approaches to the wall; the 'wall industry' and border technology, as well as their symbolism, role, objectives and efficiency.

Migration, Family and the Welfare State explores understandings and practices of integration in the Scandinavian welfare societies of Denmark, Norway and Sweden through a comprehensive range of detailed ethnographic studies. Chapters examine discourses, policies and programs of integration in the three receiving societies, studying how these are experienced by migrant and refugee families as they seek to realize the hopes and ambitions for a better life that led them to leave their country of origin. The three Scandinavian countries have had parallel histories as welfare societies receiving increasing numbers of migrants and refugees after World War II, and yet they have reacted in dissimilar ways to the presence of foreigners, with Denmark developing tough immigration policies and nationalist integration requirements, Sweden asserting itself as a relatively open country with an official multicultural policy, and Norway taking a middle position. The book analyses the impact of these differences and similarities on immigrants, refugees and their descendants across three intersecting themes: integration as a welfare state project; integration as political discourse and practice; and integration as immigrants and refugees quest for improvement and belonging.

This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.

India Migration Report 2014 is one of the first systematic studies on contribution of diasporas in development, in countries of origin as well as destination. This volume: examines how diasporic human and financial resources can be utilized for economic growth and sustainable development, especially in education and health; offers critical insights on migrant experiences, transnationalism and philanthropic networks, and indigenization and diaspora policies, as well as return of diasporas; and includes case studies on Indian migrants in the Gulf region - in particular, Bahrain, Oman and Saudi Arabia - and the United Kingdom, among others. With essays by major contributors, the volume will interest scholars and researchers on economics, development studies, migration and diaspora studies, and sociology. It will also be useful to policy-makers and government institutions working in the area.

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.

In this groundbreaking work, Kamal Sadiq reveals that most of the world's illegal immigrants are not migrating directly to the US, but to countries in the vast developing world. And when they arrive in countries like India and Malaysia - which are often governed by weak and erratic bureaucracies - they are able to obtain citizenship papers fairly easily. Sadiq breaks new ground introducing "documentary citizenship" to explain how paperwork - often falsely obtained - confers citizenship on illegal immigrants. Once immigrants obtain documents, Sadiq writes, it is a relatively simple matter for, say, an Afghan migrant with Pakistani papers to pass himself off as a Pakistani citizen both in Pakistan and abroad. Across the globe, there are literally tens of millions of such illegal immigrants who have assumed the guise of "citizens." Who, then, is really a citizen? And what does citizenship mean for most of the world's peoples? Rendered in vivid detail, Paper Citizens not only shows how illegal immigrants acquire false papers, but also sheds light on the consequences this will have for global security in the post 9/11 world.

Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided. The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life and death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced. The contributors employ a variety of disciplinary perspectives - sociological, anthropological, geographical and linguistic - but are united in their use of an ethnographic methodological approach. Through this lens, the book captures the confusion, improvisation, inconsistency, complexity and emotional turmoil inherent to the process of claiming asylum in Europe.

Immigration is one of the most controversial topics of the decade. Citizens and pundits from across the political spectrum argue for major and disparate changes to American immigration law. Yet few know what American immigration law actually is and how it functions."Everyday Law for Immigrants" is an ideal guide for U.S. citizens who want a better understanding of our immigration laws as well as for migrants who make the United States their home. Romero deftly and comprehensively explains the basic challenges immigrants and foreign nationals face not only within formal immigration policy but also within American domestic law generally, including rules promulgated by federal, state, and local entities that affect noncitizens. A concise and accessible primer for interested citizens, noncitizens, and their advocates, this book provides a bird s eye view of U.S. immigration history, practice, and procedure, and constructively addresses the many legal issues in areas such as education, housing, and employment that affect foreigners who reside here. It includes easy-to-understand examples and an extensive appendix of print and Internet resources for further help."

Immigration is one of the most controversial topics of the decade. Citizens and pundits from across the political spectrum argue for major and disparate changes to American immigration law. Yet few know what American immigration law actually is and how it functions."Everyday Law for Immigrants" is an ideal guide for U.S. citizens who want a better understanding of our immigration laws as well as for migrants who make the United States their home. Romero deftly and comprehensively explains the basic challenges immigrants and foreign nationals face not only within formal immigration policy but also within American domestic law generally, including rules promulgated by federal, state, and local entities that affect noncitizens. A concise and accessible primer for interested citizens, noncitizens, and their advocates, this book provides a bird's eye view of U.S. immigration history, practice, and procedure, and constructively addresses the many legal issues in areas such as education, housing, and employment that affect foreigners who reside here. It includes easy-to-understand examples and an extensive appendix of print and Internet resources for further help.

Migration and Refugee Law: Principles and Practice in Australia is a comprehensive overview of the legal principles governing the entry of people into Australia. This fully revised third edition provides an accessible analysis of the theory and practice of this complex and controversial area of the law. It considers the social and political context of migration and refugee law in devising innovative policies aimed at creating an equitable and rational immigration system. Migration and Refugee Law: Principles and Practice in Australia combines an astute consideration of theory with the creation of practical policy solutions, and is therefore an essential resource for migration lawyers and agents, government employees, students, judicial officers and policymakers.

In many regions around the world, the governance of migration increasingly involves local authorities and actors. This edited volume introduces theoretical contributions that, departing from the 'local turn' in migration studies, highlight the distinct role that legal processes, debates, and instruments play in driving this development. Drawing on historical and contemporary case studies, it demonstrates how paying closer analytical attention to legal questions reveals the inherent tensions and contradictions of migration governance. By investigating socio-legal phenomena such as sanctuary jurisdictions, it further explores how the law structures ongoing processes of (re)scaling in this domain. Beyond offering conceptual and empirical discussions of local migration governance, this volume also directly confronts the pressing normative questions that follow from the growing involvement of local authorities and actors. This title is also available as Open Access on Cambridge Core.