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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law
Following the vexed codification attempts of the International Law
Commission and the relevant jurisprudence of the International
Court of Justice, this book addresses the permissibility of the
practice of diplomatic asylum under general international law. In
the light of a wealth of recent practice, most prominently the case
of Julian Assange, the main objective of this book is to ascertain
whether or not the practice of granting asylum within the premises
of the diplomatic mission finds foundation under general
international law. In doing so, it explores the legal framework of
the Vienna Convention on Diplomatic Relations 1961, the regional
treaty framework of Latin America, customary international law, and
a possible legal basis for the practice on the basis of
humanitarian considerations. In cases where the practice takes
place without a legal basis, this book aims to contribute to
bridging the legal lacuna created by the rigid nature of
international diplomatic law with the absolute nature of the
inviolability of the mission premises facilitating the continuation
of the practice of diplomatic asylum even where it is without legal
foundation. It does so by proposing solutions to the problem of
diplomatic asylum. This book also aims to establish the extent to
which international law relating to diplomatic asylum may presently
find itself within a period of transformation indicative of both a
change in the nature of the practice as well as exploring whether
recent notions of humanity are superseding the traditional
fundaments of the international legal system in this regard.
Internal displacement has become one of the most pressing
geo-political concerns of the twenty-first century. There are
currently over 45 million internally displaced people worldwide due
to conflict, state collapse and natural disaster in such high
profile cases as Syria, Yemen and Iraq. To tackle such vast human
suffering, in the last twenty years a global United Nations regime
has emerged that seeks to replicate the long-established order of
refugee protection by applying international law and humanitarian
assistance to citizens within their own borders. This book looks at
the origins, structure and impact of this new UN regime and whether
it is fit for purpose.
With a Foreword by Brunson McKinley, Director General of the
International Organization for Migration (IOM) This book
encapsulates the law of international migration by examining
developments first addressed in the volume on Migration and
International Legal Norms (edited by T.A. Aleinikoff and V.
Chetail; T.M.C. Asser Press 2003) and by discussing wholly new
themes. In this regard, the book considers emerging issues, such as
the challenges posed by migration to State sovereignty and the
protection of human rights as a result of the increasing tensions
between anti-terrorism or security legislation and immigration
measures, the impact of the use of biometrics technology (e.g.
fingerprinting) to identify and better monitor international
movements of persons, and enhanced cooperation on the European
Union external border. The human rights of vulnerable groups of
migrants, such as migrant workers, women, victims of trafficking,
and stateless persons are also examined. The issue of forced
migration warrants a consideration of the international migration
law relating to groups such as internally displaced persons, as
well as the international community's response to secondary
movements of asylum-seekers. Questions of state responsibility
concerning, for example, stranded migrants and provision of
consular protection and assistance to migrants are also discussed.
Moreover, the expansion of regional legal frameworks concerned with
migration, such as EU immigration and asylum law and policy and the
growing case law on European citizenship, as well as developments
in free movement regimes in Africa, the Americas and the Caribbean,
are added to the analysis of the growing body of international
migration law. A range of persons from international organizations,
legal practice and academia with expertise in International
Migration Law have contributed to this volume, which is aimed at a
broad audience, including policy makers, academics, researchers,
postgraduate students, legal practitioners, civil society
representatives and journalists. Ryszard Cholewinski is Labour
Migration Specialist in the Migration Policy, Research and
Communications Department of IOM, the International Organization
for Migration, in Geneva. In the same organization, Richard
Perruchoud is Director of the International Migration Law and Legal
Affairs Department. Euan MacDonald holds a PhD in public
international law from the European University Institute in
Florence.
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