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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law

Immigration Law in South Africa (Paperback): Fatima Khan Immigration Law in South Africa (Paperback)
Fatima Khan
R1,001 R881 Discovery Miles 8 810 Save R120 (12%) Ships in 4 - 8 working days

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.

Integration at the Border - The Dutch Act on Integration Abroad and International Immigration Law (Hardcover, New): Karin de... Integration at the Border - The Dutch Act on Integration Abroad and International Immigration Law (Hardcover, New)
Karin de Vries
R3,402 Discovery Miles 34 020 Ships in 12 - 19 working days

A recent development in the immigration policies of several European states is to make the admission of foreign nationals dependent upon criteria relating to their integration. As the practice of 'integration testing abroad' becomes more widespread, this book endeavours to clarify the legal implications which have hitherto remained poorly understood and studied. The book begins by looking at the situation in the Netherlands, which was the first EU Member State to introduce pre-entry integration requirements. It explores the historical and political origins of the Dutch Act on Integration Abroad and explains how, in this national context, integration has become a criterion for the selection of immigrants. It then examines how integration requirements must be evaluated from the point of view of European and international law, including human rights treaties, EU migration directives and association agreements and the law on non-discrimination. The book identifies the legal standards set by these instruments with regard to integration testing abroad and draws conclusions as to the lawfulness of the Dutch approach.

Durable Solutions - Challenges with Implementing Global Norms for Internally Displaced Persons in Georgia (Hardcover): Carolin... Durable Solutions - Challenges with Implementing Global Norms for Internally Displaced Persons in Georgia (Hardcover)
Carolin Funke
R3,015 Discovery Miles 30 150 Ships in 12 - 19 working days

Focusing on Georgia, this book presents a theoretical and empirical study on the implementation of durable solutions for internally displaced persons (IDPs). Building on extensive field research, it describes and explains the considerable problems which Georgia faces in establishing global norms, as well as the ongoing hardship that IDPs experience. Importantly, the book reveals the simultaneous progress and setbacks in implementing durable solutions. Successfully combining approaches from humanistic studies, international relations, and organizational sociology, this book explains the interaction of norms and actors at and among three societal levels: the international, national, and local.

Threat of Dissent - A History of Ideological Exclusion and Deportation in the United States (Paperback): Julia Rose Kraut Threat of Dissent - A History of Ideological Exclusion and Deportation in the United States (Paperback)
Julia Rose Kraut
R608 Discovery Miles 6 080 Ships in 12 - 19 working days

"Suspicion of foreigners goes back to the earliest days of the republic...Kraut traces how different ideologies would be considered intolerably dangerous according to the dominant fears of a given era. Anarchism gave way to communism; communism gave way to Islamic radicalism." -Jennifer Szalai, New York Times "Magisterial and well written...A gripping, expansive story that traces the consequences of suspicions of 'un-American' ideologies and loyalties in federal jurisprudence from the War of 1812 through the still-raging War on Terror." -Rachel Ida Buff, Journal of Interdisciplinary History "An original, comprehensive history of one of the most pervasive and insidious forms of political repression in the United States-one few Americans know anything about." -Michael Kazin, author of War Against War Beginning with the Alien Friends Act of 1798, the United States has passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations. From the War on Anarchy to the War on Terror, the government repeatedly turns to ideological exclusions and deportations to suppress radicalism and dissent. Threat of Dissent delves into major legislation and court decisions at the intersection of immigration and the First Amendment without losing sight of the people involved. We follow the cases of foreign-born activists and artists such as Emma Goldman and Carlos Fuentes, meet determined civil rights lawyers like Carol Weiss King, and discover how the ACLU and PEN challenged the constitutionality of exclusions and deportations. While sensitively capturing the particular legal vulnerability of foreigners, Julia Rose Kraut reminds us that deportations are not just a tool of political repression but a deliberate instrument of demagogic grandstanding.

Law and Economics of Immigration (Hardcover): Howard F. Chang Law and Economics of Immigration (Hardcover)
Howard F. Chang
R12,096 Discovery Miles 120 960 Ships in 12 - 19 working days

This volume compiles influential and diverse readings on the timely subject of immigration. This collection includes work published by leading economists, as well as a number of important contributions made by influential legal scholars, with a focus on economic issues that are salient in debates over immigration policy. Professor Chang's introduction not only explains the contribution that each reading makes to our understanding of immigration, but also surveys the literature more broadly, putting the selected readings in context.

Work and the Carceral State (Paperback): Jon Burnett Work and the Carceral State (Paperback)
Jon Burnett
R649 R546 Discovery Miles 5 460 Save R103 (16%) Ships in 12 - 19 working days

'Revolutionises our understanding of the carceral state' - Fidelis Chebe, Director of Migrant Action During 2019-20 in England and Wales, over 17 million hours of labour were carried out by more than 12,500 people incarcerated in prisons, while many people in immigration removal centres also worked. In many cases, such workers constitute a sub-waged, captive workforce who are discarded by the state when done with. Work and the Carceral State examines these forms of work as part of a broader exploration of the relationship between criminalisation, criminal justice, immigration policy and labour, tracing their lineage through the histories of transportation and banishment, of houses of correction and prisons, to the contemporary production of work. Criminalisation has been used to enforce work and to discipline labour throughout the history of England and Wales. This book demands that we recognise the carceral state as operating at the frontier of labour control in the 21st century.

Welcome to Britain - Fixing Our Broken Immigration System (Paperback): Colin Yeo Welcome to Britain - Fixing Our Broken Immigration System (Paperback)
Colin Yeo
R306 Discovery Miles 3 060 Ships in 12 - 19 working days

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.

Reforming the UK's Citizenship Test - Building Bridges, Not Barriers (Hardcover): Thom Brooks Reforming the UK's Citizenship Test - Building Bridges, Not Barriers (Hardcover)
Thom Brooks
R1,200 Discovery Miles 12 000 Ships in 12 - 19 working days

How many questions could you answer in a pub quiz about British values? Designed to ensure new migrants have accepted British values and integrated, the UK's citizenship test is often portrayed as a bad pub quiz with answers few citizens know. With the launch of a new post-Brexit immigration system, this is a critical time to change the test. Thom Brooks draws on first-hand experience of taking the test, and interviews with key figures including past Home Secretaries, to expose the test as ineffective and a barrier to citizenship. This accessible guide offers recommendations for transforming the citizenship test into a 'bridge to citizenship' which fosters greater inclusion and integration.

Unjust Borders - Individuals and the Ethics of Immigration (Paperback): Javier S. Hidalgo Unjust Borders - Individuals and the Ethics of Immigration (Paperback)
Javier S. Hidalgo
R1,372 Discovery Miles 13 720 Ships in 9 - 17 working days

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice.

Refugee Law (Hardcover): Colin Yeo Refugee Law (Hardcover)
Colin Yeo
R2,304 Discovery Miles 23 040 Ships in 12 - 19 working days

The word 'refugee' is both evocative and contested; it means different things to different people. For lawyers, the main legal reference point is the UN Refugee Convention of 1951. This concise and engaging book follows the structure of the Convention to explore international refugee law. Including an introduction to the historical and legal context, Colin Yeo draws on his experience as an immigration barrister to explain the present-day legal framework for global refugee protection. Chapters consider: * well-founded fear; * persecution; * the loss of refugee status and exclusion; * the rights of refugees; * and state responses to refugee claims. The book includes studies of key legal cases, reviews the successes and failures of the Convention and looks ahead to the future, including the impact of climate change and the Global Compact on Refugees. Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists.

Human Rights Challenges to European Migration Policy - The REMAP Study (Hardcover): Jurgen Bast, Frederik Von Harbou, Janna... Human Rights Challenges to European Migration Policy - The REMAP Study (Hardcover)
Jurgen Bast, Frederik Von Harbou, Janna Wessels
R3,335 Discovery Miles 33 350 Ships in 12 - 19 working days

The EU has become a powerful migration policy actor. As a result, European migration policy is increasingly coming into conflict with its obligation to protect human rights. This open access volume names the most urgent challenges, develops the relevant legal standards and makes proposals for reform. Central problem areas included are: -access to asylum in the EU -freedom of movement for migrants -legal procedural guarantees -the ban on discrimination based on residence status -respect for social and family ties in migration control measures -the guarantee of minimum social rights for irregular migrants, and -the public and civil society infrastructure to defend human rights. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on https://doi.org/10.5771/9783748926740. Open access was funded by the Stiftung Mercator.

Article 8 ECHR, Family Reunification and the UK's Supreme Court - Family Matters? (Hardcover): Helena Wray Article 8 ECHR, Family Reunification and the UK's Supreme Court - Family Matters? (Hardcover)
Helena Wray
R3,032 Discovery Miles 30 320 Ships in 12 - 19 working days

This book focuses on a series of judgments by the UK's Supreme Court on the application of the right to respect for family life, contained in article 8 ECHR, to immigration decisions. These judgments have required the government to amend several aspects of its family migration policy and have become the centre of legal and political controversy, raising questions about the judicial function in a modern democracy, the influence on the legal system of European human rights law and the difficulties of controlling immigration in a globalised world. They have drawn judges into new territory and there is evidence that the senior judiciary is itself divided. Meanwhile, attempts by the government to reverse these judgments through rule changes and legislative amendment have added new layers to an already complex legal framework. In so doing, the book explains why the relationship between Article 8 and immigration is so legally and political complicated.

Environmental Change, Forced Displacement and International Law - from legal protection gaps to protection solutions... Environmental Change, Forced Displacement and International Law - from legal protection gaps to protection solutions (Paperback)
Isabel M. Borges
R1,357 Discovery Miles 13 570 Ships in 9 - 17 working days

This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.

Here We Are - To Migrate to America... It's the Boldest Act of One's Life (Paperback): Aarti Namdev Shahani Here We Are - To Migrate to America... It's the Boldest Act of One's Life (Paperback)
Aarti Namdev Shahani
R484 R449 Discovery Miles 4 490 Save R35 (7%) Ships in 10 - 15 working days

Here We Are is a heart-wrenching memoir about an immigrant family's American Dream, the justice system that took it away, and the daughter who fought to get it back, from NPR correspondent Aarti Namdev Shahani. The Shahanis came to Queens--from India, by way of Casablanca--in the 1980s. They were undocumented for a few unsteady years and then, with the arrival of their green cards, they thought they'd made it. This is the story of how they did, and didn't; the unforeseen obstacles that propelled them into years of disillusionment and heartbreak; and the strength of a family determined to stay together. Here We Are: American Dreams, American Nightmares follows the lives of Aarti, the precocious scholarship kid at one of Manhattan's most elite prep schools, and her dad, the shopkeeper who mistakenly sells watches and calculators to the notorious Cali drug cartel. Together, the two represent the extremes that coexist in our country, even within a single family, and a truth about immigrants that gets lost in the headlines. It isn't a matter of good or evil; it's complicated. Ultimately, Here We Are is a coming-of-age story, a love letter from an outspoken modern daughter to her soft-spoken Old World father. She never expected they'd become best friends.

Displacement, Asylum and the City - Understanding Migration Processes through Urban Studies Approaches (Hardcover): Rene... Displacement, Asylum and the City - Understanding Migration Processes through Urban Studies Approaches (Hardcover)
Rene Kreichauf, Birgit Glorius
R4,155 Discovery Miles 41 550 Ships in 12 - 19 working days

This edited volume draws attention to the interlinked yet understudied relationship between the role of cities in dealing with international displacement and forced migration as well as the influence of forced migration in stimulating spatial, societal, and institutional transformations in and of cities. In 2022, almost 84 million people worldwide were forcibly displaced. More than two-thirds of them reside in urban areas. Displacement and forced migration are an urban experience and an urban story of those seeking protection. This book helps us understanding the conditions of displaced population in cities, and the way cities and urban actors respond to recent migration trends. It applies an urban perspective to the analysis of migration processes, and it provides insights into the urban governance of forced migration and asylum, the production of spaces related to forced migration, and the role of the displaced as actors of urban change. Thereby, it covers a broad spectrum of topics including migrant dispersal, welfare and social protection, urban humanitarian policymaking and governance, neighbourhood development, migrant solidarity and refugee protest, and new forced migrant destinations. Given the increasing mobility and displacement of human populations, this book provides a relevant prerequisite for readers interested in current urban, (forced) migration and asylum trends, and on the intersections of those topics. The book will be of great value to researchers and academics of Geography, Migration and Urban Studies. The chapters in this book were originally published as a special issue of Urban Geography.

Cultural Expertise, Law and Rights - A Comprehensive Guide (Paperback): Livia Holden Cultural Expertise, Law and Rights - A Comprehensive Guide (Paperback)
Livia Holden
R1,322 Discovery Miles 13 220 Ships in 12 - 19 working days

Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.

Cultural Expertise, Law and Rights - A Comprehensive Guide (Hardcover): Livia Holden Cultural Expertise, Law and Rights - A Comprehensive Guide (Hardcover)
Livia Holden
R4,474 Discovery Miles 44 740 Ships in 12 - 19 working days

Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.

Europe and Refugees - Towards An EU Asylum Policy (Hardcover): Ingrid Boccardi Europe and Refugees - Towards An EU Asylum Policy (Hardcover)
Ingrid Boccardi
R5,349 Discovery Miles 53 490 Ships in 10 - 15 working days

With the flow of refugees showing no sign of abating, European states - and civil society - continue to look to the EU for a comprehensive asylum policy. Here is a thoroughly researched book that not only investigates the existing institutional patterns that might successfully engender such a policy, but also focuses on the sensitive element of the refugee plight as an essential component of the protection of Human Rights within the Western democratic model. Beginning with a survey of the international foundations of refugee protection (such as the 1951 Geneva Convention and the UNHCR) and the way they have evolved over the last four decades, the author analyses the initial attempts of EC countries to co-ordinate their asylum measures through the European Political Cooperation and the later Schengen arrangements. Proceeding with an assessment of the operating structures set up for asylum coordination under the Maastricht Treaty and the EU initiatives that were undertaken within the Third Pillar framework - and the particular problems that they presented - she continues by analysing in detail the new complex asylum framework that emerged in 1997 with the Amsterdam Treaty. The roles played by the subsequent Tampere European Council and the recent Nice Treaty are also explored, both for their initiatives and for their fine-tuning of the decision-making processes of the new EU asylum cooperation. Finally, the author evaluates the possible impact that the EU Charter of Fundamental Rights, approved at Nice, might have on strengthening the Human Rights dimension of asylum in future EU action. Throughout, full attention is given to the work of all relevant EU bodies, as well as that of theUNHCR, the European Court of Human Rights, and the NGOs most active in the field. Europe and Refugees is essential reading for everyone concerned with asylum policy, undeniably one of the most urgent problems confronting today's world order.

Slavery, Indenture and the Law - Assembling a Nation in Colonial Mauritius (Hardcover): Nandini Boodia-Canoo Slavery, Indenture and the Law - Assembling a Nation in Colonial Mauritius (Hardcover)
Nandini Boodia-Canoo
R3,878 Discovery Miles 38 780 Ships in 12 - 19 working days

This book addresses historical issues of colonialism and race, which influenced the formation of multicultural society in Mauritius. During the 19th century, Mauritius was Britain's prime sugar-producing colony, yet, unlike the West Indies, its history has remained significantly under-researched. The modern demographic of multi-ethnic Mauritius is unusual as, in the absence of an indigenous people, descendants of colonists, slaves and indentured labourers constitute the majority of the island's population today. Thus, it may be said that the Mauritian nation was "assembled" during the period in question. This work draws on an in-depth examination of the two labour systems through which the island came to be populated: slavery and indenture. In studying the relevant laws, four legal events of historical importance within the context of these two labour systems are identified: the abolition of the slave trade, the abolition of slavery, private indentured labour migration and state-regulated indenture. This book is notable in that it presents a legal analysis of core historical events, thus straddling the line between two disciplines, and covers both slavery and indentured labour in Mauritian history. Mauritius, as an originally uninhabited island, presents a rare case study for inquiries into colonial legacies, multiculturalism and race consciousness. The book will be a valuable resource to scholars worldwide in the fields of slavery, indenture and the legal apparatus of forced labour.

Contemporary Issues in Refugee Law (Hardcover): Satvinder Singh Juss, Colin Harvey Contemporary Issues in Refugee Law (Hardcover)
Satvinder Singh Juss, Colin Harvey
R3,874 Discovery Miles 38 740 Ships in 12 - 19 working days

Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the 'Arab Awakening' gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours.The concerns over our security are replacing humanitarian concerns over the plight of others. Securitization, exclusion and the internal relocation of genuine refugees are now the favored polices. Yet, while central idioms of protection, persecution and non-refoulement have changed, there are also new demands on refugee law. The contributors to this book ask whether there are new spheres of protection emerging, for which refugee law must find a clear space, such as the protection of child refugees, trafficked persons, gender-related asylum and conscientious objectors to military service. This timely and valuable book shows that in these uncertain times, refugee law still has an exciting and challenging future ahead. Contemporary Issues in Refugee Law will appeal to academics, researchers, students and practitioners. Contributors: I. Atak, F. Crepeau, C. Dauvergne, C. Harvey, S.S. Juss, S. Kneebone, P. Mathew, S. Mullally, J.M. Pobjoy, J.C. Simeon, R. Wallace

Enduring Uncertainty - Deportation, Punishment and Everyday Life (Paperback): Ines Hasselberg Enduring Uncertainty - Deportation, Punishment and Everyday Life (Paperback)
Ines Hasselberg
R549 Discovery Miles 5 490 Ships in 12 - 19 working days

Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here - on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance - are important for broader understandings of border control policy and human rights.

Whispers and Wailings (Hardcover): Khan Mosleh Whispers and Wailings (Hardcover)
Khan Mosleh
R474 Discovery Miles 4 740 Ships in 12 - 19 working days
Fransman's British Nationality Law (Hardcover, 4th edition): Laurie Fransman Qc, Adrian Berry Fransman's British Nationality Law (Hardcover, 4th edition)
Laurie Fransman Qc, Adrian Berry
R12,909 Discovery Miles 129 090 Ships in 12 - 19 working days

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.

A Liberal Tide? - Immigration and Asylum Law and Policy in Latin America (Paperback): David James Cantor, Luisa Feline Freier,... A Liberal Tide? - Immigration and Asylum Law and Policy in Latin America (Paperback)
David James Cantor, Luisa Feline Freier, Jean-Pierre Gauci
R919 Discovery Miles 9 190 Ships in 12 - 19 working days

Over the past decade, a paradigm shift in migration and asylum law and policymaking appears to have taken place in Latin America. Does this apparent ""liberal tide"" of new laws and policies suggest a new approach to the hot topics of migration and refugees in Latin America distinct from the regressive and restrictive attitudes on display in other parts of the world? The question is urgent not only for our understanding of contemporary Latin America but also as a means of reorienting the debate in the migration studies field toward the important developments currently taking place in the region and in other parts of the global south. This book brings together eight varied and vibrant new analyses by scholars from Latin America and beyond to form the first collection that describes and critically examines the new liberalism in Latin American law and policy on migration and refugees.

Precedents and Judicial Politics in EU Immigration Law (Hardcover, 1st ed. 2019): Marie De Somer Precedents and Judicial Politics in EU Immigration Law (Hardcover, 1st ed. 2019)
Marie De Somer
R3,150 Discovery Miles 31 500 Ships in 10 - 15 working days

This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court's rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.

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