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

Children's Rights and Refugee Law - Conceptualising Children within the Refugee Convention (Hardcover): Samantha Arnold Children's Rights and Refugee Law - Conceptualising Children within the Refugee Convention (Hardcover)
Samantha Arnold
R4,054 Discovery Miles 40 540 Ships in 12 - 17 working days

Children make up half of the world's refugees and over 40 per cent of the world's asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children's rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children's rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children's rights approach, the conceptualisations of children outside the legal discipline, within international children's rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children's rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children's rights and international human rights law.

Migration, New Nationalisms and Populism - An Epistemological Perspective on the Closure of Rich Countries (Hardcover): Rada... Migration, New Nationalisms and Populism - An Epistemological Perspective on the Closure of Rich Countries (Hardcover)
Rada Ivekovic
R4,072 Discovery Miles 40 720 Ships in 12 - 17 working days

This book examines the antagonistic relationship between new European nationalisms as these often go hand-in-hand with populism, and the phenomenon of migration. Migration has become a significant issue both in Europe and the whole world. Although it has always existed, much of public opinion sees it now as a problem. The latter has been exaggerated through a crisis in hospitality exacerbated by the relatively recently constructed and misplaced feeling of a civilisational threat from islam. Migration is then countered by the escalation of new nationalisms, at least some of which are supported by populism. This book offers an understanding of this conjunction of migration and nationalism in the post-cold war European context. More specifically, the book takes up how the end of the simplified cold war cognitive binary means an unprecedented epistemological confusion and depoliticisation which takes migration as its target, but could resort to other targets too. Discussing the postcolonial background to the new migrations, the book also considers womens' rights, postsocialism and the relevance of the current pandemic, as the issue of migration is addressed in the context of the European crisis-ridden present. This wide-ranging interrogation of how contemporary European migration is conceived and understood will appeal to students, academics, activists, policy makers, and others with interests in contemporary migration, new nationalisms, populism, feminism, colonial, postcolonial, and decolonial issues, as well as socialism and postsocialism.

Unaccompanied Children in European Migration and Asylum Practices - In Whose Best Interests? (Hardcover): Mateja Sedmak, Birgit... Unaccompanied Children in European Migration and Asylum Practices - In Whose Best Interests? (Hardcover)
Mateja Sedmak, Birgit Sauer, Barbara Gornik
R3,913 Discovery Miles 39 130 Ships in 12 - 17 working days

Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children's rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children's rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants' rights in practice. Authors deconstruct power relations residing within the discourses of children's rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children's' rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors' survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states' obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.

The Politics of Citizenship in Immigrant Democracies - The Experience of the United States, Canada and Australia (Paperback):... The Politics of Citizenship in Immigrant Democracies - The Experience of the United States, Canada and Australia (Paperback)
Geoffrey Brahm Levey, Ayelet Shachar
R1,099 R946 Discovery Miles 9 460 Save R153 (14%) Ships in 12 - 17 working days

This book brings together scholars from various disciplines to explore current issues and trends in the rethinking of migration and citizenship from the perspective of three major immigrant democracies - Australia, Canada, and the United States. These countries share a history of pronounced immigration and emigration, extensive experience with diasporic and mobile communities, and with integrating culturally diverse populations. They also share an approach to automatic citizenship based on the principle of jus soli (as opposed to the traditionally common jus sanguinis of continental Europe), and a comparatively open attitude towards naturalization. Some of these characteristics are now under pressure due to the "restrictive turn" in citizenship and migration worldwide. This volume explores the significance of political structures, political agents and political culture in shaping processes of inclusion and exclusion in these diverse societies. This book was originally published as a special issue of Citizenship Studies.

Care, Migration and Human Rights - Law and Practice (Paperback): Siobhan Mullally Care, Migration and Human Rights - Law and Practice (Paperback)
Siobhan Mullally
R1,525 Discovery Miles 15 250 Ships in 12 - 17 working days

The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status - has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on 'primary care providers', as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.

Undocumented Immigrants in an Era of Arbitrary Law - The Flight and the Plight of People Deemed "Illegal" (Paperback): Robert... Undocumented Immigrants in an Era of Arbitrary Law - The Flight and the Plight of People Deemed "Illegal" (Paperback)
Robert Barsky
R1,617 Discovery Miles 16 170 Ships in 12 - 17 working days

This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant's pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as 'illegal', they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.

Migrant Rights at Work - Law's precariousness at the intersection of immigration and labour (Paperback): Laurie Berg Migrant Rights at Work - Law's precariousness at the intersection of immigration and labour (Paperback)
Laurie Berg
R1,829 Discovery Miles 18 290 Ships in 12 - 17 working days

Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.

Asylum Law in the European Union (Paperback): Francesco Cherubini Asylum Law in the European Union (Paperback)
Francesco Cherubini
R1,541 Discovery Miles 15 410 Ships in 12 - 17 working days

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

The European Union as an Area of Freedom, Security and Justice (Hardcover): Maria Fletcher, Ester Herlin-Karnell, Claudio ... The European Union as an Area of Freedom, Security and Justice (Hardcover)
Maria Fletcher, Ester Herlin-Karnell, Claudio Matera
R4,401 Discovery Miles 44 010 Ships in 12 - 17 working days

This book presents a collection of essays on key topics and new perspectives on the EU's Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe's area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with 'mainstream' EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important 'meta' issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

Intimate Economies of Immigration Detention - Critical perspectives (Hardcover): Deirdre Conlon, Nancy Hiemstra Intimate Economies of Immigration Detention - Critical perspectives (Hardcover)
Deirdre Conlon, Nancy Hiemstra
R3,922 Discovery Miles 39 220 Ships in 12 - 17 working days

International migration has been described as one of the defining issues of the twenty-first century. While a lot is known about the complex nature of migratory flows, surprisingly little attention has been given to one of the most prominent responses by governments to human mobility: the practice of immigration detention. Intimate Economies of Immigration Detention provides a timely intervention, offering much needed scrutiny of the ideologies, policies and practices that enable the troubling, unparalleled and seemingly unbridled growth of immigration detention around the world. An international collection of scholars provide crucial new insights into immigration detention recounting at close range how detention's effects ricochet from personal and everyday experiences to broader political-economic, social and cultural spheres. Contributors draw on original research in the US, Australia, Europe, and beyond to scrutinise the increasingly tangled relations associated with detention operation and migration management. With new theoretical and empirical perspectives on detention, the chapters collectively present a toolbox for better understanding the forces behind and broader implications of the seemingly uncontested rise of immigration detention. This book is of great interest to those who study political economy, economic geography and immigration policy, as well as policy makers interested in immigration.

Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis - Legality, Rule of Law and Fundamental... Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis - Legality, Rule of Law and Fundamental Rights Reconsidered (Hardcover)
Sergio Carrera, Juan Santos Vara, Tineke Strik
R3,649 Discovery Miles 36 490 Ships in 12 - 17 working days

This discerning book examines EU migration and asylum polices in times of crisis by assessing old and new patterns of cooperation in EU migration management policies in the scope of third-country cooperation. The case studies explored reveal that there has been a clear tendency and strategy to move away from or go outside the decision making rules and institutional principles enshrined in the Lisbon Treaty to advance third country cooperation on migration management. It explores the implications of and effects of the adoption of extra-Treaty instruments and patterns of cooperation in the light of EU rule of law and fundamental rights principles and standards. The book, examines the ways in which the politics of migration crisis and their patterns of cooperation and legal/policy outcomes evidenced since 2015 affect and might even undermine EU's legitimacy in these policy areas. Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis will be a key resource for academics and students focussing on EU Law and migration more specifically. Timely and engaging, it will also appeal to policy- makers, legal practitioners and international organisation representatives alike.

European Asylum Law and the Rights of the Child (Paperback): Ciara Smyth European Asylum Law and the Rights of the Child (Paperback)
Ciara Smyth
R1,360 Discovery Miles 13 600 Ships in 12 - 17 working days

The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children's rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the 'protection of the rights of the child.' This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children's rights studies.

Expanding Boundaries - Borders, Mobilities and the Future of Europe-Africa Relations (Hardcover): Jussi P. Laine, Inocent Moyo,... Expanding Boundaries - Borders, Mobilities and the Future of Europe-Africa Relations (Hardcover)
Jussi P. Laine, Inocent Moyo, Christopher Changwe Nshimbi
R3,927 Discovery Miles 39 270 Ships in 12 - 17 working days

This book challenges the common European notions about African migration to Europe and offers a holistic understanding of the current situation in Africa. It advocates a need to rethink Africa-Europe relations and view migration and borders as a resource rather than sources of a crisis. Migrant movement from Africa is often misunderstood and misrepresented as invasion caused by displacement due to poverty, violent conflict and environmental stress. To control this movement and preserve national identities, the EU and its various member states resort to closing borders as a way of reinforcing their migration policies. This book aims to dismantle this stereotypical view of migration from Africa by sharing cutting-edge research from the leading scholars in Africa and Europe. It refutes the flawed narratives that position Africa as a threat to the European societies, their economies and security, and encourages a nuanced understanding of the root causes as well as the socioeconomic factors that guide the migrants' decision-making. With chapters written in a concise style, this book brings together the migration and border studies in an innovative way to delve into the broader societal impacts of both. It also serves to de-silence the African voices in order to offer fresh insights on African migration - a discourse dominated hitherto by the European perspective. This book constitutes a valuable resource for research scholars and students of Border Studies, Migration Studies, Conflict and Security Studies, and Development Studies seeking specialisation in these areas. Written in an accessible style, it will also appeal to a more general public interested in gaining a fuller perspective on the African reality.

Asylum-Seeker and Refugee Protection in Sub-Saharan Africa - The Peregrination of a Persecuted Human Being in Search of a Safe... Asylum-Seeker and Refugee Protection in Sub-Saharan Africa - The Peregrination of a Persecuted Human Being in Search of a Safe Haven (Hardcover)
Cristiano d'Orsi
R4,227 Discovery Miles 42 270 Ships in 12 - 17 working days

It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d'Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.

Fleeing Homophobia - Sexual Orientation, Gender Identity and Asylum (Paperback): Thomas Spijkerboer Fleeing Homophobia - Sexual Orientation, Gender Identity and Asylum (Paperback)
Thomas Spijkerboer
R1,360 Discovery Miles 13 600 Ships in 12 - 17 working days

Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender identity is criminalized, or where the authorities are homophobic; the particular hurdles faced during credibility assessment on account of persisting stereotypes; and queer families and refugee law. The book gives a state of the art overview of law in Europe, both at the level of European legislation and at the level of Member State practice. While being largely focused on Europe, the book also takes into account asylum decisions from Australia, New Zealand, Canada, and the United States and is of relevance internationally, offering analysis of issues which are not specific to particular legal systems.

Undocumented Immigrants in an Era of Arbitrary Law - The Flight and the Plight of People Deemed "Illegal" (Hardcover): Robert... Undocumented Immigrants in an Era of Arbitrary Law - The Flight and the Plight of People Deemed "Illegal" (Hardcover)
Robert Barsky
R3,909 Discovery Miles 39 090 Ships in 12 - 17 working days

This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant's pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as 'illegal', they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.

The Politics of Citizenship in Immigrant Democracies - The Experience of the United States, Canada and Australia (Hardcover):... The Politics of Citizenship in Immigrant Democracies - The Experience of the United States, Canada and Australia (Hardcover)
Geoffrey Brahm Levey, Ayelet Shachar
R2,733 Discovery Miles 27 330 Ships in 12 - 17 working days

This book brings together scholars from various disciplines to explore current issues and trends in the rethinking of migration and citizenship from the perspective of three major immigrant democracies - Australia, Canada, and the United States. These countries share a history of pronounced immigration and emigration, extensive experience with diasporic and mobile communities, and with integrating culturally diverse populations. They also share an approach to automatic citizenship based on the principle of jus soli (as opposed to the traditionally common jus sanguinis of continental Europe), and a comparatively open attitude towards naturalization. Some of these characteristics are now under pressure due to the "restrictive turn" in citizenship and migration worldwide. This volume explores the significance of political structures, political agents and political culture in shaping processes of inclusion and exclusion in these diverse societies. This book was originally published as a special issue of Citizenship Studies.

Asylum Law in the European Union (Hardcover): Francesco Cherubini Asylum Law in the European Union (Hardcover)
Francesco Cherubini
R4,221 Discovery Miles 42 210 Ships in 12 - 17 working days

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

Refugee Protection and the Role of Law - Conflicting Identities (Hardcover): Susan Kneebone, Dallal Stevens, Loretta Baldassar Refugee Protection and the Role of Law - Conflicting Identities (Hardcover)
Susan Kneebone, Dallal Stevens, Loretta Baldassar
R4,227 Discovery Miles 42 270 Ships in 12 - 17 working days

Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary refugeehood: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times.

The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents" "of" refoulement." It argues that Protection, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice.

Contributors to the volume, who include Erika Feller, Elspeth Guild, Helene Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?"

Asylum - A Right Denied - A Critical Analysis of European Asylum Policy (Hardcover, New Ed): Helen O'nions Asylum - A Right Denied - A Critical Analysis of European Asylum Policy (Hardcover, New Ed)
Helen O'nions
R4,217 Discovery Miles 42 170 Ships in 12 - 17 working days

In recent decades, asylum has emerged as a highly politicized European issue. The term 'asylum seeker' has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.

Inside Immigration Law - Migration Management and Policy Application in Germany (Hardcover, New Ed): Tobias G. Eule Inside Immigration Law - Migration Management and Policy Application in Germany (Hardcover, New Ed)
Tobias G. Eule
R4,203 Discovery Miles 42 030 Ships in 12 - 17 working days

Inside Immigration Law analyses the practice of implementing immigration law, examining the different political and organisational forces that influence the process. Based on unparalleled academic access to the German migration management system, this book provides new insights into the 'black box' of regulating immigration, revealing how the application of immigration law to individual cases can be chaotic, improvised and sometimes arbitrary, and either informed or distorted by the complex, politically laden and changeable nature of both German and EU immigration laws. Drawing on extensive empirical material, including participant observation, interviews and analyses of public as well as confidential documents in German immigration offices, Inside Immigration Law unveils the complex practices of decision-making and work organisation in a politically contested environment. A comparative, critical evaluation of the work of offices that examines the discretion and client interactions of bureaucrats, the management of legal knowledge and symbolism and the relationships between immigration offices and external political forces, this book will be of interest to sociologists, legal scholars and political scientists working in the areas of migration, integration and the study of work and organisations.

Regional Approaches to the Protection of Asylum Seekers - An International Legal Perspective (Hardcover, New Ed): Francesca... Regional Approaches to the Protection of Asylum Seekers - An International Legal Perspective (Hardcover, New Ed)
Francesca Ippolito; Ademola Abass
R4,234 Discovery Miles 42 340 Ships in 12 - 17 working days

This book is a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding African asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, the collection strives to appreciate what informs each region's approach to the asylum process and asks if there are issues common to every region and if regions can learn from each other. Including a discussion on the protection of asylum seekers within the African human rights system, the book seeks an understanding of what legal regime exists for the protection of refugees and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law.The book will be valuable to those interested in international law, migration and human rights.

Protecting Migrant Children - In Search of Best Practice (Hardcover): Mary Crock, Lenni B Benson Protecting Migrant Children - In Search of Best Practice (Hardcover)
Mary Crock, Lenni B Benson
R4,693 Discovery Miles 46 930 Ships in 12 - 17 working days

With unprecedented numbers of children on the move in search of safety, Protecting Migrant Children explores the complex legal and human rights issues that arise when children cross borders as migrants. It critically examines the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children. The book brings together an interdisciplinary and multinational group of experts to assess the nature and root causes of child migration in different parts of the world, featuring national and comparative case studies in Australia, Canada, Europe, the United States and parts of Asia and Africa. The contributors address systematically the many challenges experienced and posed by young people who cross borders in search of protection, or a better quality of life. Identifying the many universal issues facing states who play host to these children, the book lays the foundations for new paradigms in law, policy and practice in the reception and management of child migrants, refugees and victims of trafficking. Topical and engaging, this book is an important resource for academics and students in human rights law; migration and refugee law; the administrative and procedural issues of refugee law, and comparative law; as well as in the social sciences and health sciences. Policymakers and workers within the community sector will also find this book stimulating and informative. Contributors include: E.O. Abuya, F. Anello, T. Baker, L.B. Benson, S. Bolton, K. Bones, M. Crock, C. Danisi, D. Ghezelbash, P. Goldberg, C. Holguin, C. Jarvis, K. Kapur, M.A. Kenny, J. Lelliott, M. Loughry, A. Malakooti, H. Martin, I. Martinez, G.L. Neuman, A. Olusese, S. Petros, G. Sadoway, A. Schloenhardt, S. Taylor, C. Thomas, D. Thronson, G. Triggs, K. Tyler, K. van Doore, S. Whitman, P. Yule, M. Zou

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
R1,274 Discovery Miles 12 740 Ships in 12 - 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.

Human Rights and Refugee Law (Hardcover): James C. Hathaway Human Rights and Refugee Law (Hardcover)
James C. Hathaway
R19,234 Discovery Miles 192 340 Ships in 12 - 17 working days

Refugee law is both conceived as a response to the absence of human rights, and is one of the most powerful means by which human rights are restored. This comprehensive collection of leading scholarship examines the strengths of, and challenges faced by, international refugee law over its nearly century-long existence. Following an original introduction by Professor Hathaway, Volume I addresses the questions of the political and ethical reasons that states have agreed to implement refugee protection in international law; the conceptual boundaries of refugee status; and the systems and structures by which refugee rights are implemented. Volume II takes up the nature of contemporary challenges to the refugee law regime, and examines leading proposals to revitalize and reform international refugee law in order to sustain its vitality in modern circumstances. This topical volume will be of great interest to researchers and scholars in both law and related fields, as well as to lawyers and other practitioners working on asylum and related human rights issues.

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