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With a Foreword by Brunson McKinley, Director General of the
International Organization for Migration (IOM) This book
encapsulates the law of international migration by examining
developments first addressed in the volume on Migration and
International Legal Norms (edited by T.A. Aleinikoff and V.
Chetail; T.M.C. Asser Press 2003) and by discussing wholly new
themes. In this regard, the book considers emerging issues, such as
the challenges posed by migration to State sovereignty and the
protection of human rights as a result of the increasing tensions
between anti-terrorism or security legislation and immigration
measures, the impact of the use of biometrics technology (e.g.
fingerprinting) to identify and better monitor international
movements of persons, and enhanced cooperation on the European
Union external border. The human rights of vulnerable groups of
migrants, such as migrant workers, women, victims of trafficking,
and stateless persons are also examined. The issue of forced
migration warrants a consideration of the international migration
law relating to groups such as internally displaced persons, as
well as the international community's response to secondary
movements of asylum-seekers. Questions of state responsibility
concerning, for example, stranded migrants and provision of
consular protection and assistance to migrants are also discussed.
Moreover, the expansion of regional legal frameworks concerned with
migration, such as EU immigration and asylum law and policy and the
growing case law on European citizenship, as well as developments
in free movement regimes in Africa, the Americas and the Caribbean,
are added to the analysis of the growing body of international
migration law. A range of persons from international organizations,
legal practice and academia with expertise in International
Migration Law have contributed to this volume, which is aimed at a
broad audience, including policy makers, academics, researchers,
postgraduate students, legal practitioners, civil society
representatives and journalists. Ryszard Cholewinski is Labour
Migration Specialist in the Migration Policy, Research and
Communications Department of IOM, the International Organization
for Migration, in Geneva. In the same organization, Richard
Perruchoud is Director of the International Migration Law and Legal
Affairs Department. Euan MacDonald holds a PhD in public
international law from the European University Institute in
Florence.
The imperatives of sovereignty, human rights and national security
very often pull in different directions, yet the relations between
these three different notions are considerably more subtle than
those of simple opposition. Rather, their interaction may at times
be contradictory, at others tense, and at others even
complementary. This collection presents an analysis of the
irreducible dilemmas posed by the foundational challenges of
sovereignty, human rights and security, not merely in terms of the
formal doctrine of their disciplines, but also of the manner in
which they can be configured in order to achieve persuasive
legitimacy as to both methods and results. The chapters in this
volume represent an attempt to face up to these dilemmas in all of
their complexity, and to suggest ways in which they can be
confronted productively both in the abstract and in the concrete
circumstances of particular cases.
The imperatives of sovereignty, human rights and national security
very often pull in different directions, yet the relations between
these three different notions are considerably more subtle than
those of simple opposition. Rather, their interaction may at times
be contradictory, at others tense, and at others even
complementary. This collection presents an analysis of the
irreducible dilemmas posed by the foundational challenges of
sovereignty, human rights and security, not merely in terms of the
formal doctrine of their disciplines, but also of the manner in
which they can be configured in order to achieve persuasive
legitimacy as to both methods and results. The chapters in this
volume represent an attempt to face up to these dilemmas in all of
their complexity, and to suggest ways in which they can be
confronted productively both in the abstract and in the concrete
circumstances of particular cases.
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