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If you believe that States have complete discretion in handling
migration matters and that migrants are not protected under
international law, read this book. You will be amazed by the wealth
of international instruments, treaties, standards and principles
existing in international law. Rights and obligations of States, as
well as rights and duties of migrants, are defined in a great
number of legal instruments - some of them hard to find - stemming
from various branches of law and constituting what is known as
"international migration law". This publication assists readers -
be they academics, students, practitioners, experts or migrants
themselves - to better orientate themselves in this web of norms
and principles existing at the international level. The focus of
the Compendium is a comprehensive compilation of universal
instruments with varying degrees of legal force - from
authoritative international treaties, through customary
international law, to the sets of principles and guidelines which,
although non-binding, are nonetheless of clear contemporary
relevance and can contribute to the progressive development of law
in areas not yet covered by "hard" norms. To further this end, this
book is being released as a companion to International Migration
Law - Developing Paradigms and Key Challenges (edited by R.
Cholewinski, R. Perruchoud and E. MacDonald and published by T.M.C.
Asser Press, The Hague 2007), which shows how these norms have been
applied and are developing in various concrete contexts. Richard
Perruchoud is Director of the International migration Law and Legal
Affairs Department of the International Organization for Migration
in Geneva. Katarina Toemoelova is an Associate Legal Officer in the
same Department of IOM.
International migration law is an important field of international
law, which has attracted exceptional interest in recent years. This
book has been written from a wide variety of perspectives for those
wanting to understand the legal framework that regulates migration.
It is intended for students new to this field of study who seek an
overview of its many components. It will also appeal to those who
have focussed on a particular branch of international migration law
but require an understanding of how their specialisation fits with
other branches of the discipline. Written by migration law
specialists and led by respected international experts, this volume
draws upon the combined knowledge of international migration law
and policy from academia; international, intergovernmental,
regional and non-governmental organisations; and national
governments. Additional features include case studies, maps,
break-out boxes and references to resources which allow for a full
understanding of the law in context.
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.
This publication assists readers (be they academics, students,
practitioners, experts or migrants themselves) to better orientate
themselves in the web of norms and principles existing at the
international level. The focus of the compendium is on bringing
together a comprehensive compilation of universal instruments with
varying degrees of legal force from authoritative international
treaties, through customary international law, to the sets of
principles and guidelines, which, although non-binding, are
nonetheless of clear contemporary relevance and can contribute to
the progressive development of law in areas not covered by 'hard'
norms.
International migration law is an important field of international
law, which has attracted exceptional interest in recent years. This
book has been written from a wide variety of perspectives for those
wanting to understand the legal framework that regulates migration.
It is intended for students new to this field of study who seek an
overview of its many components. It will also appeal to those who
have focussed on a particular branch of international migration law
but require an understanding of how their specialisation fits with
other branches of the discipline. Written by migration law
specialists and led by respected international experts, this volume
draws upon the combined knowledge of international migration law
and policy from academia; international, intergovernmental,
regional and non-governmental organisations; and national
governments. Additional features include case studies, maps,
break-out boxes and references to resources which allow for a full
understanding of the law in context.
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