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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law
In this rich study, Roxana Barbulescu examines the transformation
of state-led immigrant integration in two relatively new
immigration countries in Western Europe: Italy and Spain. The book
is comparative in approach and seeks to explain states' immigrant
integration strategies across national, regional, and city-level
decision and policy making. Barbulescu argues that states pursue no
one-size-fits-all strategy for the integration of migrants, but
rather simultaneously pursue multiple strategies that vary greatly
for different groups. Two main integration strategies stand out.
The first one targets non-European citizens and is assimilationist
in character and based on interventionist principles according to
which the government actively pursues the inclusion of migrants.
The second strategy targets EU citizens and is a laissez-faire
scenario where foreigners enjoy rights and live their entire lives
in the host country without the state or the local authorities
seeking their integration. The empirical material in the book,
dating from 1985 to 2015, includes systematic analyses of
immigration laws, integration policies and guidelines, historical
documents, original interviews with policy makers, and statistical
analysis based on data from the European Labor Force Survey. While
the book draws on evidence from Italy and Spain in an effort to
bring these case studies to the core of fundamental debates on
immigration and citizenship studies, its broader aim is to
contribute to a better understanding of state interventionism in
immigrant integration in contemporary Europe. The book will be a
useful text for students and scholars of global immigration,
integration, citizenship, European integration, and European
society and culture.
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.
This book provides an insightful analysis of recent developments in
immigration, asylum and citizenship law in the broader social and
political context. Written accessibly by an experienced
practitioner, it critically examines the development of UK
immigration control since the second world war, identifying and
focusing on the grievous collateral damage being caused to the rule
of law and to society. It examines the decline in standards of
public administration, the secular failure to follow the rule of
law, and the related issues of social corrosion and lack of
democratic accountability. Speaking to academics, practitioners,
policy makers and all those concerned about the impact of the
hostile environment, it makes proposals for legal changes which
prioritise social cohesion: a shared burden of proof, a simple
regularisation scheme and clear path to citizenship, and details
how these would operate in practice.
While the power to prescribe rules as to which aliens may enter the
United States and which aliens may be removed resides solely with
the federal government, the impact of alien migration -- whether
lawful or unlawful -- is arguably felt most directly in the
communities where aliens settle. State and local responses to
unlawfully present aliens within their jurisdictions have varied
considerably, particularly as to the role that state and local
police should play in enforcing federal immigration law. Some
states, cities, and other municipalities have sought to play an
active role in immigration enforcement efforts. However, others
have been unwilling to assist the federal government in enforcing
measures that distinguish between residents with legal immigration
status and those who lack authorisation under federal law to be
present in the United States. In some circumstances, these
jurisdictions have actively opposed federal immigration
authorities' efforts to identify and remove certain unlawfully
present aliens within their jurisdictions. This book discusses
legal issues related to state and local measures that limit law
enforcement cooperation with federal immigration authorities. It
provides a brief overview of the constitutional principles
informing the relationship between federal immigration authorities
and state and local jurisdictions, including the federal
government's power to preempt state and local activities under the
Supremacy Clause, and the Tenth Amendment's proscription against
Congress directly "commandeering" the states to administer a
federally enacted regulatory scheme. It also discusses various
types of measures adopted or considered by states and localities to
limit their participation in federal immigration enforcement
efforts; discusses the authority of state and local law enforcement
to assist in the enforcement of federal immigration law through the
investigation and arrest of persons believed to have violated such
laws; and describes federal statutes.
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.
This volume comprises national reports on migration and migration
law from 17 countries representing all continents. The vast
majority of these are countries of immigration, which means they
face specific challenges in terms of managing migratory flows that
are increasingly linked with climate change and scarce natural
resources worldwide, and they need to find viable ways to integrate
humanitarian migration. Unlike so many recent publications in the
field of international migration law, this book brings together
reports on diverse countries that are rarely regarded as part of
one and the same picture, depicting globalized migration in the
contemporary era that to a large extent challenges state
sovereignty. The contributions delineate the legal regimes that
individual states are continually developing and modifying with a
view to managing and controlling access of individual persons to
their respective territories. They also show how the restrictive
measures that states resort to in the event of failure to manage
migration could have a lasting legal impact. The General Report
preceding the country reports provides a comparative overview of
the national reports, and is divided into two parts. The first,
more technical in nature, addresses the classic questions relating
to admission to and residence in a country. The second, more
reflective section, examines the relationship between laws and
migration in a wider and multidisciplinary perspective. To allow a
robust comparison, the country reports all follow a similarly
wide-ranging structure; to the extent possible, they also cover the
historical, sociological and demographic factors that help explain
legal regimes and migratory flows in each country. Each country
report includes analyses of recent legislative developments and
delicate questions that are still awaiting adequate (legal)
responses as well as perspectives for the future.
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