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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law
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.
This book discusses the authority of state and local enforcement to
assist in the enforcement of federal immigration law through the
investigation and arrest of persons believed to have violated such
laws. It describes federal statutes that expressly permit state and
local police to enforce immigration law directly, and analyses
major cases concerning the ability of states and localities to
assist in immigration enforcement.
This book presents and discusses information regarding an increase
in border security and the issues surrounding the removal of
illegal aliens. Topics discussed include an overview of an
implementation policy concerning the removal of aliens in the U.S.,
border security agencies and their missions; barriers along the
U.S. international border; the Department of Homeland Security
Intelligence Enterprise and airport passenger security screenings.
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 explores the often neglected, but overwhelmingly common,
everyday vulnerability of those who support the smooth functioning
of contemporary societies: paid domestic workers. With a focus on
the multiple disadvantages these - often migrant - workers face
when working and living in Europe, the book investigates the role
of law in producing, reinforcing - or, alternatively, attenuating -
vulnerability to exploitation. It departs from approaches that
focus on extreme abuse such as 'modern' slavery or trafficking, to
consider the much more widespread day-to-day vulnerabilities
created at the intersection of different legal regimes. The book,
therefore, examines issues such as low wages, unregulated working
time, dismissals and the impact of migration status on enforcing
rights at work. The complex legal regimes regulating migrant
domestic labour in Europe include migration and labour law sources
at different levels: international, national and, as this book
demonstrates, also EU. With an innovative lens that combines
national, comparative, and multilevel analysis, this book opens up
space for transformative legal change for migrant domestic workers
in Europe and beyond.
Immigration detention is considered by many states to be a
necessary tool in the execution of immigration policy. Despite the
apparently key role it plays in immigration enforcement, the law on
immigration detention is often vague, especially in relation to
determining the circumstances under which prolonged detention
remains lawful. As a result, the courts are frequently called upon
to adjudicate these matters, with scant legal tools at their
disposal. Though there have been some significant judgments on the
legality of detention at the constitutional level, the extent to
which these judgments have had an impact at the lower end of the
judiciary is unclear. Indeed, it is the lower courts which are
tasked with judging the legality of detention through habeas corpus
or judicial review proceedings. This book examines the way this has
occurred in the lower courts of two jurisdictions, the UK and the
US, and contrasts this practice not only in those jurisdictions,
but with judgments rendered by the Court of Justice of the European
Union, a constitutional court at the other end of the judicial
spectrum whose judgments are applied by courts and tribunals in the
EU Member States. Although these three jurisdictions use similar
tests to evaluate the legality of detention, case outcomes
significantly differ. Many factors contribute to this divergence,
but key among them is the role that fundamental rights protection
plays in each jurisdiction. Through a forensic evaluation of 191
judgments, this book compares the laws on detention in the UK, US
and EU, and makes recommendations to these jurisdictions for
improvement.
Immigration detention is considered by many states to be a
necessary tool in the execution of immigration policy. Despite the
apparently key role it plays in immigration enforcement, the law on
immigration detention is often vague, especially in relation to
determining the circumstances under which prolonged detention
remains lawful. As a result, the courts are frequently called upon
to adjudicate these matters, with scant legal tools at their
disposal. Though there have been some significant judgments on the
legality of detention at the constitutional level, the extent to
which these judgments have had an impact at the lower end of the
judiciary is unclear. Indeed, it is the lower courts which are
tasked with judging the legality of detention through habeas corpus
or judicial review proceedings. This book examines the way this has
occurred in the lower courts of two jurisdictions, the UK and the
US, and contrasts this practice not only in those jurisdictions,
but with judgments rendered by the Court of Justice of the European
Union, a constitutional court at the other end of the judicial
spectrum whose judgments are applied by courts and tribunals in the
EU Member States. Although these three jurisdictions use similar
tests to evaluate the legality of detention, case outcomes
significantly differ. Many factors contribute to this divergence,
but key among them is the role that fundamental rights protection
plays in each jurisdiction. Through a forensic evaluation of 191
judgments, this book compares the laws on detention in the UK, US
and EU, and makes recommendations to these jurisdictions for
improvement.
The eagerly awaited 10th edition of Macdonald's Immigration Law
& Practice provides detailed coverage of all aspects of UK
Immigration, Asylum and Nationality legislation through a mixture
of commentary, supporting legislation and case law. The book is the
leading work in this area of law and this edition provides detailed
coverage of Brexit and it's impact.
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