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As the law and politics of migration become increasingly
intertwined, this thought-provoking Research Handbook addresses the
challenge of analysing their relationship. Discussing the evolving
theoretical approaches to migration, it explores the growing
attention given to the legal frameworks for migration and the
expansion of regulation, as migration moves to the centre of the
global political agenda. The Research Handbook demonstrates that
the overlap between law and politics puts the rule of law at risk
in matters of migration as advocates around the globe increasingly
turn to law to address the challenges of new migration politics.
Presenting a fresh mapping of current issues in the field, it
focusses on institutions of migration and analyses the
securitization of migration management and the strengths and
weaknesses of the Global Compact for Safe, Orderly and Regular
Migration. Written by leading scholars specialising in a range of
disciplines, the Research Handbook on the Law and Politics of
Migration will be an illuminating read for academics and students
of migration studies with backgrounds in law, politics,
criminology, sociology, history, geography and beyond.
Questions of gender have strongly influenced the development of
international refugee law over the last few decades. This volume
assesses the progress toward appropriate recognition of
gender-related persecution in refugee law. It documents the
advances made following intense advocacy around the world in the
1990s, and evaluates the extent to which gender has been
successfully integrated into refugee law. Evaluating the research
and advocacy agendas for gender in refugee law ten years beyond the
2002 UNHCR Gender Guidelines, the book investigates the current
status of gender in refugee law. It examines gender-related
persecution claims of both women and men, including those based on
sexual orientation and gender identity, and explores how the
development of an anti-refugee agenda in many Western states
exponentially increases vulnerability for refugees making gendered
claims. The volume includes contributions from scholars and members
of the advocacy community that allow the book to examine conceptual
and doctrinal themes arising at the intersection of gender and
refugee law, and specific case studies across major Western
refugee-receiving nations. The book will be of great interest and
value to researchers and students of asylum and immigration law,
international politics, and gender studies.
Questions of gender have strongly influenced the development of
international refugee law over the last few decades. This volume
assesses the progress toward appropriate recognition of
gender-related persecution in refugee law. It documents the
advances made following intense advocacy around the world in the
1990s, and evaluates the extent to which gender has been
successfully integrated into refugee law. Evaluating the research
and advocacy agendas for gender in refugee law ten years beyond the
2002 UNHCR Gender Guidelines, the book investigates the current
status of gender in refugee law. It examines gender-related
persecution claims of both women and men, including those based on
sexual orientation and gender identity, and explores how the
development of an anti-refugee agenda in many Western states
exponentially increases vulnerability for refugees making gendered
claims. The volume includes contributions from scholars and members
of the advocacy community that allow the book to examine conceptual
and doctrinal themes arising at the intersection of gender and
refugee law, and specific case studies across major Western
refugee-receiving nations. The book will be of great interest and
value to researchers and students of asylum and immigration law,
international politics, and gender studies.
This title was first published in 2003.This book explores the
interaction of globalization and the development of law. The
framework of the book is established by William Twining, who asks
how legal concepts can be generalised within a variety of legal
orders. This theme is taken up by a group of leading Australian
scholars, who produce essays on international economic law,
including financial regulation and human rights, and citizenship,
migration and crime, under the headings Globalization and the Laws
of Money, Globalization and the Laws of People, Globalization,
Cultures and Comparisons. This collection marks an important step
towards the construction of a jurisprudence for a connected, but
still culturally diverse, globe.
This title was first published in 2003.This book explores the
interaction of globalization and the development of law. The
framework of the book is established by William Twining, who asks
how legal concepts can be generalised within a variety of legal
orders. This theme is taken up by a group of leading Australian
scholars, who produce essays on international economic law,
including financial regulation and human rights, and citizenship,
migration and crime, under the headings Globalization and the Laws
of Money, Globalization and the Laws of People, Globalization,
Cultures and Comparisons. This collection marks an important step
towards the construction of a jurisprudence for a connected, but
still culturally diverse, globe.
Over the past decade, a global convergence in migration policies
has emerged, and with it a new, mean-spirited politics of
immigration. It is now evident that the idea of a settler society,
previously an important landmark in understanding migration, is a
thing of the past. What are the consequences of this shift for how
we imagine immigration? And for how we regulate it? This book
analyzes the dramatic shift away from the settler society paradigm
in light of the crisis of asylum, the fear of Islamic
fundamentalism, and the demise of multiculturalism. What emerges is
a radically original take on the new global politics of immigration
that can explain policy paralysis in the face of rising death
tolls, failing human rights arguments, and persistent state desires
to treat migration as an economic calculus.
Over the past decade, a global convergence in migration policies
has emerged, and with it a new, mean-spirited politics of
immigration. It is now evident that the idea of a settler society,
previously an important landmark in understanding migration, is a
thing of the past. What are the consequences of this shift for how
we imagine immigration? And for how we regulate it? This book
analyzes the dramatic shift away from the settler society paradigm
in light of the crisis of asylum, the fear of Islamic
fundamentalism, and the demise of multiculturalism. What emerges is
a radically original take on the new global politics of immigration
that can explain policy paralysis in the face of rising death
tolls, failing human rights arguments, and persistent state desires
to treat migration as an economic calculus.
This book examines the relationship between illegal migration and
globalization. Under the pressures of globalizing forces, migration
law is transformed into the last bastion of sovereignty. This
explains the worldwide crackdown on extra-legal migration and
informs the shape this crackdown is taking. It also means that
migration law reflects key facets of globalization and addresses
the central debates of globalization theory. This book looks at
various migration law settings, asserting that differing but
related globalization effects are discernable at each location. The
core samples interrogated in the book are drawn from refugee law,
illegal labor migration, human trafficking, security issues in
migration law, and citizenship law. Special attention is paid to
the roles played by the European Union and the United States in
setting the terms of global engagement. The book s conclusion
considers what the rule of law contributes to transformed migration
law.
This book examines the relationship between illegal migration and
globalization. Under the pressures of globalizing forces, migration
law is transformed into the last bastion of sovereignty. This
explains the worldwide crackdown on extra-legal migration and
informs the shape this crackdown is taking. It also means that
migration law reflects key facets of globalization and addresses
the central debates of globalization theory. This book looks at
various migration law settings, asserting that differing but
related globalization effects are discernable at each location. The
"core samples" interrogated in the book are drawn from refugee law,
illegal labor migration, human trafficking, security issues in
migration law, and citizenship law. Special attention is paid to
the roles played by the European Union and the United States in
setting the terms of global engagement. The book's conclusion
considers what the rule of law contributes to transformed migration
law.
Refugees are on the move around the globe. Prosperous nations are
rapidly adjusting their laws to crack down on the so-called
undeserving. Australia and Canada have each sought international
reputations as humanitarian do-gooders, especially in the area of
refugee admissions. In Humanitarianism, Identity, and Nation,
Catherine Dauvergne traces the connections between the
nation-building tradition of immigration and the challenge of
admitting people who do not bring some obvious value to the nation.
She argues that in the absence of the justice standard for
admitting outsiders, liberal nations instead share a humanitarian
consensus about letting in needy outsiders. This consensus
constrains and shapes migration law and policy. In a detailed
consideration of how refugees and others in need are admitted to
Australia and Canada, she links humanitarianism and national
identity to explain the current state of the law. The book will be
of interest to lawyers, socio-legal scholars, law students, policy
makers, and anyone interested in a central aspect of Canadian
public law and policy. meet the needs of the 21st century.
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