Humanity at Sea

Author: Itamar Mann
Publisher: Cambridge University Press
ISBN: 1107148766
Format: PDF
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Integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.

Research Handbook on International Law and Migration

Author: Vincent Chetail
Publisher: Edward Elgar Publishing
ISBN: 0857930052
Format: PDF
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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 strat

Global Issues in Immigration Law

Author: Raquel Aldana
Publisher: West Academic Publishing
ISBN: 9780314276391
Format: PDF, Mobi
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This title is designed to serve as a textbook supplement for an advanced course in immigration law in law schools in the United States or in other countries seeking to introduce comparative and international perspectives to the study of immigration law and policy. Topics include an introductory discussion of comparative versus international law and the relevance of both to U.S. Jurisprudence; a comprehensive overview of international migration multilateral and bilateral regimes; glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain; and a final part that examines international norms on freedom of movement, the right to nationality, policing, living conditions, immigrant workers and anti-terrorism law.

International Migration Law

Author: Vincent Chetail
Publisher: OUP Oxford
ISBN: 9780199668267
Format: PDF, ePub
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A unique and comprehensive overview on the numerous international rules governing migration, this book brings together and analyses the disparate norms and treaties within international and European law. It is a critical study of the role of international law in regulating the movement of persons, offering an ideal introduction to the field.

Refuge Lost

Author: Daniel Ghezelbash
Publisher: Cambridge University Press
ISBN: 1108425259
Format: PDF
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As more restrictive asylum policies are adopted around the world, Ghezelbash explores the implications for the international refugee protection regime.

Policing Undocumented Migrants

Author: Louise Boon-Kuo
Publisher: Routledge
ISBN: 1317096339
Format: PDF, Docs
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Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people ‘illegal’. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspectives from advocates, detailed analysis of legislation, case law and policy, this book provides an in-depth account of the experiences and legal regulation of undocumented migrants within Australia. Case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention, and character based visa determination challenge conventional binaries in migration analysis between the citizen and non-citizen and between lawful and unlawful status. By showing the organised and central role of discretionary legal authority in policing status, this book proposes a new perspective through which responsibility for migration legal practices can be better understood and evaluated. Policing Undocumented Migrants will be of interest to scholars and practitioners working in the areas of criminology, criminal law, immigration law and border studies.

Secession

Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 9780521849289
Format: PDF, Kindle
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A comprehensive study of secession from an international law perspective.

When Humans Become Migrants

Author: Marie-Bénédicte Dembour
Publisher: Oxford University Press
ISBN: 0199667837
Format: PDF
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The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.

The Foundations of International Investment Law

Author: Zachary Douglas
Publisher: Oxford University Press
ISBN: 019968538X
Format: PDF, ePub, Mobi
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Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.