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This volume provides a comprehensive and up-to-date analysis of the
source and scope of international law on migration. It explores
international norms on state authority to regulate migration,
freedom of movement, forced migration, human rights, family
unification, trafficking and smuggling of migrants, national
security, rescue at sea, health, development, integration, and
nationality. Migration and International Legal Norms shows that,
despite the absence of a comprehensive legal instrument governing
international migration, there is a wide range of legal norms
relevant to migration embodied in multilateral treaties and
conventions, regional agreements, and customary international law.
It also identifies some significant gaps in international law,
recommending areas for further cooperative efforts. This volume
will be of interest to scholars and policy-makers, and to all those
interested in how the community of nations is responding to the
increasingly significant phenomenon of international migration.
Migration is a complex and multifaceted issue, and the current
legal framework suffers from considerable ambiguity and lack of
cohesive focus. This Handbook offers a comprehensive take on the
intersection of law and migration studies and provides strategies
for better understanding the potential of international legal norms
in regulating migration. Authoritative analyses by the most
renowned and knowledgeable experts in the field focus on important
migration issues and challenge the current normative framework with
new ways of thinking about the topic.The book examines the many
facets of migration from an international law perspective. Topics
discussed include the relationship between migration and state
sovereignty, the human rights of migrants, human trafficking,
migrant workers, refugees and internal displacement. The expert
contributors hail from a number of diverse international law
backgrounds (including refugee law, human rights law, humanitarian
law, labor law, WTO law and others), allowing them to synthesize
many different perspectives and present a comprehensive, cohesive
and timely study of a complicated and fractured topic. The Research
Handbook on International Law and Migration provides a critical
examination of migration and international law, identifying the
issues still to be tackled and suggesting further developments to
be made. It will appeal to advanced and postgraduate students,
academics and policymakers. Contributors: T.A. Aleinikoff, I. Atak,
H. Battjes, V. Chetail, R. Cohen, F. Crepeau, C. Dauvergne, M.
Duchatellier, T. Gammeltoft-Hansen, G. Gilbert, E. Guild, W. Kalin,
H. Lambert, S.H. Legomsky, B. Lyon, L.A. Nessel, H. O'Nions, S.
Ojeda, C. Phuong, R. Piotrowicz, J. Rhodes, P.J. Spiro, H. Storey,
J.P. Trachtman, W. Vandenhole, A. Vermeer-Kunzli, J.
Vedsted-Hansen, R.M.M. Wallace, D. Weissbrodt, M. Zieck
Migration is a complex and multifaceted issue, and the current
legal framework suffers from considerable ambiguity and lack of
cohesive focus. This Handbook offers a comprehensive take on the
intersection of law and migration studies and provides strategies
for better understanding the potential of international legal norms
in regulating migration. Authoritative analyses by the most
renowned and knowledgeable experts in the field focus on important
migration issues and challenge the current normative framework with
new ways of thinking about the topic.The book examines the many
facets of migration from an international law perspective. Topics
discussed include the relationship between migration and state
sovereignty, the human rights of migrants, human trafficking,
migrant workers, refugees and internal displacement. The expert
contributors hail from a number of diverse international law
backgrounds (including refugee law, human rights law, humanitarian
law, labor law, WTO law and others), allowing them to synthesize
many different perspectives and present a comprehensive, cohesive
and timely study of a complicated and fractured topic. The Research
Handbook on International Law and Migration provides a critical
examination of migration and international law, identifying the
issues still to be tackled and suggesting further developments to
be made. It will appeal to advanced and postgraduate students,
academics and policymakers. Contributors: T.A. Aleinikoff, I. Atak,
H. Battjes, V. Chetail, R. Cohen, F. Crepeau, C. Dauvergne, M.
Duchatellier, T. Gammeltoft-Hansen, G. Gilbert, E. Guild, W. Kalin,
H. Lambert, S.H. Legomsky, B. Lyon, L.A. Nessel, H. O'Nions, S.
Ojeda, C. Phuong, R. Piotrowicz, J. Rhodes, P.J. Spiro, H. Storey,
J.P. Trachtman, W. Vandenhole, A. Vermeer-Kunzli, J.
Vedsted-Hansen, R.M.M. Wallace, D. Weissbrodt, M. Zieck
Post-Conflict Peacebuilding comes at a critical time for
post-conflict peace building. Its rapid move towards the top of the
international political agenda has been accompanied by added
scrutiny, as the international community seeks to meet the
multi-dimensional challenges of building a just and sustainable
peace in societies ravaged by war. Beyond the strictly operational
dimension, there is considerable ambiguity in the concepts and
terminology used to discuss post-conflict peacebuilding. This
ambiguity undermines efforts to agree on common understandings of
how peace can be most effectively 'built', thereby impeding swift,
coherent action. Accordingly, this lexicon aims to clarify and
illuminate the multiple facets of post-conflict peacebuilding, by
presenting its major themes and trends from an analytical
perspective.
To this end, the book opens with a general introduction on the
concept of post-conflict peacebuilding, followed by twenty-six
essays on its key elements (including capacity-building, conflict
transformation, reconciliation, recovery, rule of law, security
sector reform, and transitional justice). Written by international
experts from a range of disciplines, including political science
and international relations, international law, economics, and
sociology, these essays cover the whole spectrum of post-conflict
peacebuilding. In reflecting a diversity of perspectives the
lexicon sheds light on many different challenges associated with
post-conflict peacebuilding. For each key concept a generic
definition is proposed, which is then expanded through discussion
of three main areas: the meaning and origin of the concept; its
content and essential components; and its means of implementation,
including lessons learned from past practice.
A growing number of states use private military and security
companies (PMSCs) for a variety of tasks, which were traditionally
fulfilled by soldiers. This book provides a comprehensive analysis
of the law that applies to PMSCs active in situations of armed
conflict, focusing on international humanitarian law. It examines
the limits in international law on how states may use private
actors, taking the debate beyond the question of whether PMSCs are
mercenaries. The authors delve into issues such as how PMSCs are
bound by humanitarian law, whether their staff are civilians or
combatants, and how the use of force in self-defence relates to
direct participation in hostilities, a key issue for an industry
that operates by exploiting the right to use force in self-defence.
Throughout, the authors identify how existing legal obligations,
including under state and individual criminal responsibility should
play a role in the regulation of the industry.
Post-Conflict Peacebuilding comes at a critical time for
post-conflict peace building. Its rapid move towards the top of the
international political agenda has been accompanied by added
scrutiny, as the international community seeks to meet the
multi-dimensional challenges of building a just and sustainable
peace in societies ravaged by war. Beyond the strictly operational
dimension, there is considerable ambiguity in the concepts and
terminology used to discuss post-conflict peacebuilding. This
ambiguity undermines efforts to agree on common understandings of
how peace can be most effectively 'built', thereby impeding swift,
coherent action. Accordingly, this lexicon aims to clarify and
illuminate the multiple facets of post-conflict peacebuilding, by
presenting its major themes and trends from an analytical
perspective.
To this end, the book opens with a general introduction on the
concept of post-conflict peacebuilding, followed by twenty-six
essays on its key elements (including capacity-building, conflict
transformation, reconciliation, recovery, rule of law, security
sector reform, and transitional justice). Written by international
experts from a range of disciplines, including political science
and international relations, international law, economics, and
sociology, these essays cover the whole spectrum of post-conflict
peacebuilding. In reflecting a diversity of perspectives the
lexicon sheds light on many different challenges associated with
post-conflict peacebuilding. For each key concept a generic
definition is proposed, which is then expanded through discussion
of three main areas: the meaning and origin of the concept; its
content and essential components; and its means of implementation,
including lessons learned from past practice.
International Migration Law provides a detailed and comprehensive
overview of the international legal framework applicable to the
movement of persons across borders. The role of international law
in this field is complex, and often ambiguous: there is no single
source for the international law governing migration. The current
framework is scattered throughout a wide array of rules belonging
to numerous fields of international law, including refugee law,
human rights law, humanitarian law, labour law, trade law, maritime
law, criminal law, and consular law. This textbook therefore cuts
through this complexity by clearly demonstrating what the current
international law is, and assessing how it operates. The book
offers a unique and comprehensive mapping of this growing field of
international law. It brings together and critically analyses the
disparate conventional, customary, and soft law on a broad variety
of issues, such as irregular migration, human trafficking, refugee
protection, labour migration, non-discrimination, regional free
movement schemes, and global migration governance. It also offers a
particular focus on important groups of migrants, namely migrant
workers, refugees, and smuggled migrants. It maps the current
status of the law governing their movement, providing a thorough
critical analysis of the various stands of international law which
apply to them, suggesting how the law may continue to develop in
the future. This book provides the perfect introduction to all
aspects of migration and international law.
International Migration Law provides a detailed and comprehensive
overview of the international legal framework applicable to the
movement of persons across borders. The role of international law
in this field is complex, and often ambiguous: there is no single
source for the international law governing migration. The current
framework is scattered throughout a wide array of rules belonging
to numerous fields of international law, including refugee law,
human rights law, humanitarian law, labour law, trade law, maritime
law, criminal law, and consular law. This textbook therefore cuts
through this complexity by clearly demonstrating what the current
international law is, and assessing how it operates. The book
offers a unique and comprehensive mapping of this growing field of
international law. It brings together and critically analyses the
disparate conventional, customary, and soft law on a broad variety
of issues, such as irregular migration, human trafficking, refugee
protection, labour migration, non-discrimination, regional free
movement schemes, and global migration governance. It also offers a
particular focus on important groups of migrants, namely migrant
workers, refugees, and smuggled migrants. It maps the current
status of the law governing their movement, providing a thorough
critical analysis of the various stands of international law which
apply to them, suggesting how the law may continue to develop in
the future. This book provides the perfect introduction to all
aspects of migration and international law.
The controversies raised by the withdrawal of US troops from
Afghanistan, the situation in Iraq, and the management of the 'Arab
Spring' uprisings have demonstrated anew that achieving peace is
not merely a matter of ending wars. Indeed, the consequences of
conflicts often extend far beyond the termination of local
hostilities, impeding the reconstruction of war-torn societies, and
making the resumption of violence more likely than not. Moreover,
in today's interdependent world, such consequences may jeopardize
not only the stability of directly concerned states, but may also
undermine regional, even global, peace. As a result, the call to
build genuine, just, and sustainable peace conditions-exemplified
by the establishment in 2006 of the UN Peacebuilding Commission,
Fund, and Support Office-has never been more urgent, and
underscores the pressing need for a comprehensive analysis and
understanding of the critical concept of 'peacebuilding'. This new
four-volume Routledge Major Works collection answers such a need by
bringing together the best and most influential scholarship from a
wide range of academic disciplines to illuminate the idea and
challenges of peacebuilding. Volume I addresses the concepts,
actors, and institutions of peacebuilding. Volume II, meanwhile,
assembles key works to focus on the challenges of security,
welfare, justice, and the rule of law. Volume III is devoted to
democratization, the state, and civil society, while Volume IV
brings together major works on the implementation of peacebuilding,
in particular reconciling international standards and local
dynamics. With a full index, together with a comprehensive
introduction, newly written by the learned editors, which places
the collected material in its historical and intellectual context,
Peacebuilding is an essential work of reference. Moreover, its
interdisciplinary and international perspective is certain to
secure the collection a broad readership, including scholars,
advanced students, policymakers, and practitioners.
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