This book offers an accessible examination of the human rights of migrants in the context of the UN's negotiations in 2018. This volume has two main contributions. Firstly, it is designed to inform the negotiations on the UN's Global Compact for Safe, Orderly and Regular Migration announced by the New York Declaration of the UN General Assembly on 19 September 2016. Second, it intends to assist officials, lawyers and academics to ensure that the human rights of migrants are fully respected by state authorities and international organisations and safeguarded by national and supranational courts across the globe. The overall objective of this book is to clarify problem areas which migrants encounter as non-citizens of the state where they are and how international human rights obligations of those states provide solutions. It defines the existing international human rights of migrants and provides the source of States' obligations. In order to provide a clear and useful guide to the existing human rights of migrants, the volume examines these rights from the perspective of the migrant: what situations do people encounter as their status changes from citizen (in their own country) to migrant (in a foreign state), and how do human rights provide legal entitlements regarding their treatment by a foreign state? This book will be of much interest to students of migration, human rights, international law and international relations.

This book examines EU external border violence and the role of Frontex, and how it can be made legally and politically accountable for these incidents. The volume sets out what the international standards are for monitoring border violence and how monitors’ independence must be guaranteed and where these standards come from. The book provides realistic options to resolve the crisis by focusing on how effective and independent border monitoring can ensure better human rights compliance at EU external borders. At the centre of the book is the question: how can we achieve effective monitoring of border police, including Frontex, by competent and independent state authorities which have as a mission human rights implementation? The goal of the book is to examine how states can prevent and investigate allegations of such violence and diminish the apparent impunity of those border police who engage in it. This book will be of interest to students of EU policy, law, migration and refugee studies and International Relations.

The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes. The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding the complicity of several state parties and the incompatibility of those actions with the European Convention of Human Rights and Fundamental Freedoms (ECHR). The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability, and identifies significant obstacles in going even further -- as international law demands. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.

This book provides the first systematic account of the premium costs that migrants pay to live and work abroad. Reducing the costs of international labour migration, specifically worker-paid costs for low-skilled employment, has become an important item on the global agenda over the last years and is particularly pertinent for the UN's Global Compact on Safe, Orderly and Regular Migration. Recruitment costs alone amount in most migration corridors to anywhere between one and ten months of foreign earnings and many migrants may well lose between one and two years of foreign earnings, if all costs are considered. This book is intended as a primer for evidence-based policy for reducing the costs of international labour mobility. The contributors include academics from law, economics and politics, but also authors from international organizations, non-governmental organizations, as well as the voices of migrants. The hope of the editors is that this small collection sets the basis for evidence-based policies that seek to reduce the costs of international migration. This book will be of interest to scholars and students of migration, globalization, law, sociology and international relations, as well as practitioners and policy makers.

Every day newspapers in the Western world carry articles about illegal immigrants, asylum seekers and other migrants. The focus of these articles varies greatly from migrants as a threat to one or another important social or societal interest, to migrants as an important asset to those same interests. The tone is most often emotional - whichever way the focus goes. The overall impact is to confuse: is migration good or bad? In this book Guild and van Selm seek to investigate these value assessments regarding migrants in Europe, the USA, Canada and Australia. While looking at issues such as security, human rights, legal systems, identity, racism, welfare, health and labour, the authors also respond to critics of immigration.

Are immigrants an asset or a threat?
Every day newspapers in the Western world carry articles about illegal immigrants, asylum seekers and other migrants. The focus of these articles varies greatly from migrants as a threat to one or another important social or societal interest, to migrants as an important asset to those same interests.
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International Migration and Security" brings information and analysis to the immigration debate. Experts from a variety of different disciplines-ranging from urban planning to judicial reform-are collected n this volume to consider the impact that and the concept of immigration has on their field. The key question examined is how movement of persons affects areas as diverse as health, national security, the welfare of state, cuisine, identity, law and human rights, and the political, social and legal results.
This innovative and interdisciplinary book provides new insight into the debates around immigration in the twenty-first century and will be of interest to all students and researchers in the area.

Labour migration has been on the agenda of many countries around the globe at the same time as governments of both sending and receiving countries have been trying to develop regulatory mechanisms. This book opens the debate on the global politics of labour migration by proposing a re-assessment of the interaction between states regarding labour migration. Presenting case-specific scholarship from leading experts from five different continents, each contribution engages with the changing landscape of migration control and teases out emerging control patterns, dynamics and correlations that can be made between them and existing control paradigms. The multidisciplinary and global focus in 'Constructing and Imagining Labour Migration' sheds much needed light on the mechanisms deployed by states in their attempts to control labour migration and on the manner in which these mechanisms impact upon migrants themselves, leaving some caught up in the politics of labour market control

Labour migration has been on the agenda of many countries around the globe at the same time as governments of both sending and receiving countries have been trying to develop regulatory mechanisms. This book opens the debate on the global politics of labour migration by proposing a re-assessment of the interaction between states regarding labour migration. Presenting case-specific scholarship from leading experts from five different continents, each contribution engages with the changing landscape of migration control and teases out emerging control patterns, dynamics and correlations that can be made between them and existing control paradigms. The multidisciplinary and global focus in 'Constructing and Imagining Labour Migration' sheds much needed light on the mechanisms deployed by states in their attempts to control labour migration and on the manner in which these mechanisms impact upon migrants themselves, leaving some caught up in the politics of labour market control

Understanding the dynamics of the illiberal practices of liberal states is increasingly important in Europe today. This book examines the changing relationship between immigration, citizenship and integration at the European and national arenas. It studies some of the main effects and questions the comprehensiveness of the exchange and coordination of public responses to the inclusion of third country nationals in Europe, as well as their compatibility with a common European immigration policy driven by a rights-based approach and the respect of the principles of fair and equal treatment of third country nationals. The volume reviews key national experiences of immigration and citizenship laws, the use of integration and the 'moving of ideas' between national arenas. The framing of integration in immigration and citizenship law and the ways in which policy convergence is being achieved through the EU framework on integration raises a number of conceptual dilemmas and a set of definitional premises in need of reflection and consideration.

One of the most dynamic areas of EU law since the great changes brought to the EU constitutional order by the Amsterdam Treaty in 1999 has been cooperation in the fields of policing and criminal justice. Both fields have already been the subject of substantial legislative effort in the EU and an increasing amount of judicial activity in the European Court of Justice. In 2007 - after the Constitutional Treaty of 2004 failed - the new Reform Treaty planned very substantive changes to these policies. Bringing together a wide-ranging set of topics and contributors, this book enables readers to understand these changes by examining three key questions: how did we get to the Reform Treaty; what have been - and still are - the key struggles in competence; and how do the changes fit into the transformation of police and judicial cooperation in criminal matters in the EU?

Focusing in particular on the European borders, this volume brings together an interdisciplinary group of academics to consider questions of immigration and the free movement of people, linking control within the state to the role of the police and internal security. The contributors all take as the point of departure the significance of European governmentality within the Foucauldian meaning as opposed to the European governance perspective which is already well represented in the literature. They discuss the relation between control of borders, introduction of biometrics and freedom. The book makes available in English an analysis of an important and politically highly charged field from a major French critical perspective. It draws on different disciplines including law, politics, international relations and philosophy.

The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes. The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding the complicity of several state parties and the incompatibility of those actions with the European Convention of Human Rights and Fundamental Freedoms (ECHR). The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability, and identifies significant obstacles in going even further -- as international law demands. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.

Until the Amsterdam Treaty,law and policymaking in the field of immigration remained a national function, though in practice there was much co-operation (the so-called Third Pillar). Now these powers have been transferred to the European Community as First Pillar powers. Only Denmark, Ireland and the UK have opted out. This book looks at the likely effects of this substantial transfer of powers to the Community. How will the powers and responsibilities be divided? How should the powers be exercised? Will there be input from the public into policymaking? What role will Parliaments play? Will migrants suffer? The foremost scholars from many European countries try to answer these and other questions, offering a variety of legal and social viewpoints. Contributors: Pieter Boeles (Amsterdam and Leiden), Antje Weiner (Hannover), Cristina Gortazar (Madrid), Guy Goodwin-Gill (Oxford), Nicholas Blake QC (London), Johannes van der Klaauw (UNHCR Brussels), Jens Vedsted Hansen (Aahus), Elspeth Guild (Nijmegen and London), Kees Groenendijk (Nijmegen), Gisbert Brinkmann (Bonn), John Crowley (CERI, Paris), Deirdre Curtin (Utrecht), Roger Errera (Paris), Steve Peers (Essex), Carol Harlow (LSE), Gregor Noll (Lund).

The EU Citizenship Directive defines the right of free movement for citizens of the European Economic Area. It applies to EU citizens and their family members who move to another Member State. This might at first seem like a straightforward definition, but immediately questions arise. Who determines if a person is an EU citizen at all? What about dual citizens of two Member States, or of one Member State and a non-Member State (a 'third State')? What is the position of EU citizens who move to one Member State, and then return to their home Member State? This book provides a comprehensive commentary of the EU's Citizens' Directive tracing the evolution of the Directive's provisions, placing each article in its historical and legislative context. Special emphasis is placed on highlighting the connections and interactions between the Directive's constituent provisions so as to permit a global appreciation of the system of free movement rights to which the Directive gives effect. Each provision is annotated containing a detailed analysis of the case-law of the Court of Justice as well as of related measures impacting upon the Directive's interpretation including European Commission reports and guidelines on the Directive's implementation. This fully-updated new edition includes dscussion of relevant case law since the first edition, and has been expanded to include detailed discussion of rights of EU and UK citizens after Brexit in the withdrawal agreement.

This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?

The individual has become visible throughout Europe and within its institutions as a potential or actual rights holder. He or she is no longer defined as visible or invisible in law by the nation state alone. In today's Europe, he or she establishes identity-that is, the rights to entry, residence, work, family life, and protection from expulsion-through a multilayered legal structure involving the nation state, the EU, and the Council of Europe and all their political, administrative, and judicial arenas. In this remarkable study Elspeth Guild examines the ways in which law in Europe defines the status of the individual and his or her entitlements as regards identity. Among her enlightening approaches to this complex subject the following may be listed: the right to move across borders; the limitations of citizenship of the Union as currently construed; social benefits of citizenship; residence; immigration; family reunification; human rights of foreigners; asylum; expulsion and readmission; recial discrimination; and, long-resident third-country nationals. The analysis includes extensive reference to relevant cases, especially European Court of Justice and European Court of Human Rights decisions. This is a work of great value and insight. As more and more legislation is adopted in the area of European citizenship, courts will increasingly be called upon to articulate the relationship of individuals to the territory and society in which they find themselves. And as this inevitable development is defined, all jurists and legal academics who care for civil society in Europe will discover this deeply considered book afresh.