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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.
"
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.
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