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This book provides an overview of the state of EU migration law in
2014. It explores the meaning of EU legislation on migration in the
light of fundamental rights and principles of Union law as
explained in leading case-law of the European courts. It is
especially aimed at students, but may likewise be useful for
practitioners, policy makers or others interested in the legal
foundations of migration in Europe. Today's Union law contains a
comprehensive and almost all-encompassing migration law system. It
governs both voluntary and forced migration. It controls entry,
residence and return. It covers both Union citizens and
third-country nationals. Though there are fields not affected by
Union law and left to the Member States, the overall picture drawn
by the existing EU instruments is fairly complete. The book
purports to present as lucidly as possible, in one framework, the
different regimes as they pertain to the free movement of Union
citizens, the association agreement with Turkey, the migration of
third country nationals for reasons of work, study, family
reunification and asylum, the regulation of movement of third
country nationals to, from and within the Schengen area, and
instruments to control migration. This second edition is written by
the same authors who wrote the first edition. Pieter Boeles,
Emeritus Professor of Migration law at the University of Leiden, is
now Visiting Professor at VU University Amsterdam; Maarten den
Heijer is Assistant Professor of International Law at the Amsterdam
Center for International Law (University of Amsterdam); Gerrie
Lodder is Senior Lecturer in Immigration Law at the University of
Leiden and Kees Wouters is Senior Refugee Law adviser at the
Division of International Protection of UNHCR in Geneva.
Jus cogens is a formidable yet elusive concept of international
law. Since its incorporation in the Vienna Convention on the Law of
Treaties some 35 years ago, it has made tentative inroads into
international legal practice. But its role in international law is
arguably less prominent than might have been expected on the basis
of its powerful potential and in view of wider developments in
international law that call for constitutionalisation and
hierarchy, including the processes of fragmentation and
humanization. This volume of the Netherlands Yearbook of
International Law sets out to clarify the concepts and doctrines
relevant to jus cogens and to sharpen the debate on its theoretical
foundations, functions and legal effects. To that purpose, the
volume brings together contributions on the genesis and function of
jus cogens, on the application of jus cogens in specialised areas
of international law and on its enforcement and legal consequences.
Together, they reinforce the understanding of jus cogens as a
hierarchical concept of international law and shed light on its
potential for further development.
This volume of the Netherlands Yearbook of International Law (NYIL)
addresses the question how the assumption that states have a common
obligation to achieve a collective public good can be reconciled
with the fact that the 195 states of today's world are highly
diverse and increasingly unequal in terms of size, population,
politics, economy, culture, climate and historical development. The
idea of common but differentiated responsibilities is on paper the
perfect bridge between the factual inequality and formal equality
of states. The acknowledgement that states can have common but
still different - more or less onerous - obligations is predicated
on the moral and legal concept of global solidarity. This book
encompasses general contributions on the function and the content
of the related principles, chapters that describe and evaluate how
the principles work in a specific area of international law and
chapters that address their efficiency and broader ramifications,
in terms of compliance, free-rider behaviour and shifting balances
of power. The originality of the book resides in the integration of
conceptual, comparative and practical dimensions of the principles
of global solidarity and common but differentiated
responsibilities. The book is therefore highly recommended reading
for both academics with a theoretical interest and those working
within international organisations. The Netherlands Yearbook of
International Law was first published in 1970. It offers a forum
for the publication of scholarly articles in a varying thematic
area of public international law.
Increasingly, European and other Western states have sought to
control the movement of refugees outside their borders. To do this,
states have adopted a variety of measures - including carrier
sanctions, interception of migrants at sea, posting of immigration
officers in foreign countries and external processing of
asylum-seekers. This book focuses on the legal implications of
external mechanisms of migration control for the protection of
refugees and irregular migrants. The book explores how refugee and
human rights law has responded to the new measures adopted by
states, and how states have sought cooperation with other actors in
the context of migration control. The book defends the thesis that
when European states attempt to control the movement of migrants
outside their territories, they remain responsible under
international law for protecting the rights of refugees as well as
their general human rights. It also identifies how EU law governs
and constrains the various types of pre-border migration
enforcement employed by EU Member States, and examines how
unfolding practices of external migration control conform with
international law. This is a work which will be essential reading
for scholars and practitioners of asylum and refugee law throughout
Europe and the wider world. The book received 'The Max van der
Stoel Human Rights Award 2011' (first prize category
dissertations); and the 'Erasmianum Study Prize 2011'.
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