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Belgium has a unique place in the history of migration in that it was the first among industrialized nations in Continental Europe to develop into an immigrant society. In the nineteenth century Italians, Jews, Poles, Czechs, and North Africans settled in Belgium to work in industry and commerce. They were followed by Russians in the 1920s and Germans in the 1930s who were seeking a safe haven from persecution by totalitarian regimes. In the nineteenth century immigrants were to a larger extent integrated into Belgian society: they were denied political rights but participated on equal terms with Belgians in social life. This changed radically in the twentieth century; by 1940 the rights of aliens were severely curtailed, while those of Belgian citizens, in particular in the social domain, were extended. While the state evolved into a "welfare state" for its citizens it became more of a police state for immigrants. The state only tolerated immigrants who were prepared to carry out those jobs that were shunned by the Belgians. Under the pressure of public opinion, an exception was made in the cases of thousands of Jewish refugees that had fled from Nazi Germany. However, other immigrants were subjected to harsh regulations and in fact became the outcasts of twentieth-century Belgian liberal society. This remarkable study examines in depth and over a long time span how (anti-) alien policies were transformed, resulting in an illiberal exclusion of foreigners at the same time as democratization and the welfare state expanded. In this respect Belgium is certainly not unique but offers an interesting case study of developments that are characteristic for Europe as a whole.
The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property. David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic persecutions and ultimately the deaths of thousands of Belgian Jews was Belgian. Based on extensive archival research in Belgium, France, the United States and Israel, The Fragility of Law offers the first detailed exploration in English of this intriguing and virtually unexplored episode of Holocaust history. Belgian legal officials did not hesitate to invoke the provisions of international law found in the Hague Convention and those guarantees of individual freedom found in the national Constitution to oppose the demands of the German Occupying Authority. However, they remained largely silent when anti-Jewish persecution was at stake. Indeed, despite the 2007 official report of expert historians on Belgian state collaboration in the persecution of the country’s Jewish population, the mythology of "passive collaboration" which has dominated Belgian historiography and accounts of the Holocaust in that country, must be radically rethought.
Written in a lively and engaging style from the perspective of a leading immigration judge, this book examines how states resolve disputes with migrants. The chapters reflect on changes in the laws and rules of migration on an international and regional basis and the impact on the parties, administration, public and judiciary. The book is a critical assessment of how the migration tribunal system has evolved over the last century, the lessons which have been learnt and those which have not. It includes additional comparative contributions by authors on international jurisdictions and is a valuable overview of the evolution and future of the immigration tribunal system which will be of interest to those involved in human rights, migration, transnational and international law.
Belgium was a major hub for transnational movements. By taking this small and yet significant European country as a focal point, the book critically examines major issues in modern history, including nationalism, colonial expansion, debates on the nature of international relations and campaigns for political and social equality. Now available in paperback, this study explores an age in which many groups and communities – from socialists to scientists – organised themselves across national borders. The timeframe covers the rise of international movements and associations before the First World War, the conflagration of 1914 and the emergence of new actors such as the League of Nations. The book acknowledges the changing framework for transnational activism, including its interplay with domestic politics and international institutions. By tracing international movements and ideas, the book aims to reveal and explain the multifarious and sometimes contradictory nature of internationalism.
The migration movements of the 20th century have led to an increased interest in similarly dramatic population changes in the preceding century. The contributors to this volume - legal scholars, sociologists, political scientist and historians - focus on migration control in the 19th century, concentrating on three areas in particular: the impact of the French Revolution on the development of modern citizenship laws and on the development of new forms of migration control in France and elsewhere; the theory and practice of migration control in various European states is examined, focusing on the control of paupers, emigrants and "ordinary" travelers as well as on the interrelationship between the different administrative levels - local, regional and national - at which migration control was exercised. Finally, on the development of migration control in two countries of immigration: the United States and France. Taken altogether, these essays demonstrate conclusively that the image of the 19th century as a liberal era during which migration was unaffected by state intervention is untenable and in serious need of revision.
This edition brings together analyses, statistics and directory data on the countries and territories of Western Europe.
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.
Greg Burgess's important new study explores the short life of the High Commission for Refugees (Jewish and Other) Coming from Germany, from its creation by the League of Nations in October 1933 to the resignation of High Commissioner, James G. McDonald, in December 1935. The book relates the history of the first stage of refugees from Germany through the prism of McDonald and the High Commission. It analyses the factors that shaped the Commission's formation, the undertakings the Commission embarked upon and its eventual failure owing to external complications. The League of Nations and the Refugees from Nazi Germany argues that, in spite of the Commission's failure, the refugees from Nazi Germany and the High Commission's work mark a turn in conceptions of international humanitarian responsibilities when a state defies standards of proper behaviour towards its citizens. From this point on, it was no longer considered sufficient or acceptable for states to respect the sovereign rights of another if the rights of citizens were being violated. Greg Burgess discusses this idea, amongst others, in detail as part of what is a crucial volume for all scholars and students of Nazi Germany, the Holocaust and modern Jewish history.
This volume comprises national reports on migration and migration law from 17 countries representing all continents. The vast majority of these are countries of immigration, which means they face specific challenges in terms of managing migratory flows that are increasingly linked with climate change and scarce natural resources worldwide, and they need to find viable ways to integrate humanitarian migration. Unlike so many recent publications in the field of international migration law, this book brings together reports on diverse countries that are rarely regarded as part of one and the same picture, depicting globalized migration in the contemporary era that to a large extent challenges state sovereignty. The contributions delineate the legal regimes that individual states are continually developing and modifying with a view to managing and controlling access of individual persons to their respective territories. They also show how the restrictive measures that states resort to in the event of failure to manage migration could have a lasting legal impact. The General Report preceding the country reports provides a comparative overview of the national reports, and is divided into two parts. The first, more technical in nature, addresses the classic questions relating to admission to and residence in a country. The second, more reflective section, examines the relationship between laws and migration in a wider and multidisciplinary perspective. To allow a robust comparison, the country reports all follow a similarly wide-ranging structure; to the extent possible, they also cover the historical, sociological and demographic factors that help explain legal regimes and migratory flows in each country. Each country report includes analyses of recent legislative developments and delicate questions that are still awaiting adequate (legal) responses as well as perspectives for the future.
In 14 papers delivered at or sent to a May 2001 conference in Jerusalem, historians specializing in Jews in various European countries examine the views about the return or prospective return of the Jews to their countries of origin after World War II. Among the countries are France, the Netherlands, Italy, Poland, and Hungary. Places and names are