This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.
Thursday, February 20, 2020
Giuffré: The Readmission of Asylum Seekers under International Law
Wednesday, May 24, 2017
Peters: Trading Barriers: Immigration and the Remaking of Globalization
Why have countries increasingly restricted immigration even when they have opened their markets to foreign competition through trade or allowed their firms to move jobs overseas? In Trading Barriers, Margaret Peters argues that the increased ability of firms to produce anywhere in the world combined with growing international competition due to lowered trade barriers has led to greater limits on immigration.
Peters explains that businesses relying on low-skill labor have been the major proponents of greater openness to immigrants. Immigration helps lower costs, making these businesses more competitive at home and abroad. However, increased international competition, due to lower trade barriers and greater economic development in the developing world, has led many businesses in wealthy countries to close or move overseas. Productivity increases have allowed those firms that have chosen to remain behind to do more with fewer workers. Together, these changes in the international economy have sapped the crucial business support necessary for more open immigration policies at home, empowered anti-immigrant groups, and spurred greater controls on migration.
Debunking the commonly held belief that domestic social concerns are the deciding factor in determining immigration policy, Trading Barriers demonstrates the important and influential role played by international trade and capital movements.
Friday, February 17, 2017
Call for Contributions: Migration and the Environment
The Department of Law of the University of Naples “Federico II” and the Institute for Research on Innovation and Services for Development of the National Research Council of Italy are working jointly on the analysis of the link between Migration and Development. In the context of this cooper- ation, and following the publication of the collective volume Migration and Development: Some Re- flections on Current Legal Issues, Rome, 2016 (open access at http://eprints.bice.rm.cnr.it/15914/), they have decided to issue a call for papers for a second volume intended to address the specific issue of the relationship between human migration and the environment.
The link between migration and the environment is not new, environmental conditions have always influenced human mobility. However, the nature, the dynamics and the scale of environment related migration have dramatically changed in recent years, and the complex nexus between migration and the environment has drawn increasing attention in the contemporary international context.
This relationship is not easy to outline for several reasons, including the range of environmental phe- nomena that may cause migration flows (natural disaster as well as gradual process of environmental deterioration), the difficulty of isolating environmental factors from other political, social and eco- nomic drivers of migration, the complexity of differentiating between forced and voluntary migra- tions in cases of environment-induced flows. In addition, from a different perspective, migratory flows may contribute to environmental degradation in the areas of destination and transit, giving rise to phenomena such as unmanaged urbanization or temporary camps or shelter that produce further pressure on the environment.
The complexity of the link between migration and the environment challenges the current legal par- adigm in which migration is largely framed and calls into question the adequacy of the existing pro- tection frameworks. In several international fora, it is increasingly recognized that there are certain groups of people who move for environmental reasons and are in need of assistance and who currently fall outside of the scope of international protection.
The goal of the volume on Migration and the Environment: Some Reflections on Current Legal Issues and Possible Ways Forward is to discuss the extent to which people whose movements are induced by environmental factors are protected under the existing international legal framework, to investigate the main legal issues and the normative gaps and to analyze the solutions being discussed in the international arena.
Contributions can cover, inter alia, the following areas:
- Extent of the protection under international refugee law and the feasibility (and desira- bility) of an expansion of the notion of refugee;
- Human rights law and forms of complementary protection at the regional and national levels (EU, USA, Canada …);
- International instruments for the protection of Internally Displaced Persons;
- The international agenda for the protection of cross-border displaced persons in the con- text of natural disaster and climate change;
- Climate change and human mobility in the context of UN Framework Convention on Climate Change and UNSustainable Development Goals;
- The case of low-lying island States;
- International instruments for the protection of stateless people.
The call for papers aims to offer an opportunity for experts, scholars and policy makers, for a critical review of the outcomes, implications and achievements on the relevant questions of international law on international migration and the environment.
Abstracts of no more than 500 words, written in English or French and including the author’s name and e-mail address, should be submitted to the following e-mail address: migrationandevelopment@gmail.com.
A one-page curriculum vitae should be attached to the abstract.
The deadline for submission of abstracts is 30 March 2017.
Successful applicants will be notified via e-mail by 10 April 2017 and are expected to produce the final paper (8000-10000 words approx.) by 15 September 2017.
Papers will be peer-reviewed before final acceptance for publication.
Friday, May 8, 2015
Wojnowska-Radzińska: The Right of an Alien to be Protected against Arbitrary Expulsion in International Law
In The Right of an Alien to be Protected against Arbitrary Expulsion in International Law Julia Wojnowska-Radzińska offers a comprehensive legal study of international legal obligations of States for the protection of aliens lawfully residing against arbitrary expulsion. It also provides practical information on administrative proceedings, legal remedies and procedural rights aliens exercise. The book aims at answering a fundamental question how to strike a balance between the inherent right of a State to expel an alien and the rights the latter is entitled to. The reader will therefore be given a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting.
Monday, May 31, 2010
Hilpold & Perathoner: Immigration und Integration: Völkerrechtliche und europarechtliche Antworten auf eine zentrale Herausforderung der Zeit
Peter Hilpold (Universität Innsbruck - Law) & Christoph Perathoner have published Immigration und Integration: Völkerrechtliche und europarechtliche Antworten auf eine zentrale Herausforderung der Zeit (Peter Lang 2010). Contents include:- Peter Hilpold, Migration und Internationales Wirtschaftsrecht
- Rainer Münz, Migration in historischer und soziologischer Perspektive: europäische und internationale Wanderungsbewegungen
- Christoph Perathoner, Das Minderheitenrecht zwischen «traditionellen» und «neuen» Minderheiten - Neue Perspektiven und Herausforderungen einer Rechtsmaterie
- Peter Hilpold, Der Schutz der neuen Minderheiten in Deutschland
- Astrid Epiney, Die Einwanderungs- und Asylpolitik der Schweiz: ausgewählte völker-, europa- und staatsrechtliche Aspekte
- Paolo Palchetti, Profili di diritto internazionale in materia di migrazione
- Paolo Palchetti, Die völkerrechtlichen Aspekte der Migration
- Bruno Nascimbene, Orientamenti e norme nazionali in materia di immigrazione - L'incidenza del diritto internazionale e comunitario - Le iniziative di riforma e le modifiche in corso
- Bruno Nascimbene, Die italienische Einwanderungs- und Asylpolitik - völkerrechtliche, europarechtliche und verfassungsrechtliche Aspekte - die aktuelle Reformdiskussion - die jüngsten Umsetzungsmaßnahmen
- Bernd-Christian Funk & Joachim Stern, Die österreichische Einwanderungs- und Asylpolitik: völkerrechtliche, europarechtliche und verfassungsrechtliche Aspekte
- Dieter Kolonovits, Neuer Asylgerichtshof in Österreich - Verfassungsrechtliche und verfassungspolitische Aspekte der Neuregelung des Rechtsschutzes in Asylsachen
Friday, July 6, 2007
Cholewinski, Perruchoud, & MacDonald: International Migration Law
Ryszard Cholewinski (International Organization for Migration), Richard Perruchoud (International Organization for Migration), & Euan MacDonald have published International Migration Law: Developing Paradigms and Key Challenges (T.M.C. Asser Press 2007). Here's the abstract:This book encapsulates the law of international migration, including emerging issues such as the protection of human rights where tension between anti-terrorism legislation and immigration measures increases. The human rights of vulnerable groups of migrants, such as migrant workers, women, victims of trafficking, and stateless persons are also addressed. 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, are added to the analysis of the growing body of international migration law.



