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Identifies paths for legal resilience against restrictions of migrants' rights introduced by the forces of authoritarian populism.
Bringing together scholars of migration and constitutional law, this volume analyses the problematic relationship between the rise of populism, restrictions of migrants' rights and democratic decay in Europe. By offering both constructive and critical accounts, it creates a nuanced debate on the possibilities for and limitations of legal resilience against populist erosion of migrants' rights. Crucially, it does not merely diagnose the causes of restrictions of migrants' rights, but also proposes how the law might be used as a solution. In this volume, the law is considered as both a source of resilience and part of the problem at three distinct levels: the legal-theoretical, the European, and the national level. It is a major contribution to the literature on migrants' rights, offering a nuanced account of how legal resilience might be used to safeguard migrants' rights against further erosion in populist times. This book is available as Open Access.
The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migration – and especially migrants' rights – remain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science.
In the current debates on sea migration there is a dearth of works drawing on the rule of law. This important book addresses this failing. Considering the question from that conceptual framework, it is able to broaden the sometimes fragmented and incomplete perspective of existing scholarship. The book takes as its central case study the experience of Italy, exploring the legal issues at play there and its institutional practices and policies. From here its focus broadens out to the wider EU experience, looking in particular at those problems common to southern EU states, such as failures and delays in assisting migrants in distress at sea and contested legal grounds and practices concerning interceptions at sea. It combines both legal and empirical data, charting both the black letter law and how it operates in practice. In a field as complex as this, this clarity is key; it allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today.
This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.
This book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders, and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies, this book pushes the idea of migration law towards a more general concept of mobility that encompass the various processes, effects, and consequences of movement in a globalized world. In this respect, the book pursues a shift in perspective on how law is understood. Drawing on the concepts of ‘kinology’ and ‘kinopolitics’ developed by Thomas Nail as well as ‘mobility justice’ developed by Mimi Sheller, the book considers movement and motion as a constructive force behind political and social systems; and hence stability that needs to be explained and justified. Tracing the processes through which static forms, such as state, citizenship, or border, are constructed and how they partake in production of differential mobility, the book challenges the conventional understanding of migration law. More specifically, and in revealing its contingent and unstable nature, the book reveals how human mobility is itself constitutive of law. This interdisciplinary book will appeal to those working in the areas of migration and refugee law, citizenship studies, mobility studies, legal theory, and sociolegal studies.
The Migration Conference 2023 Selected Papers includes short papers from several tracks that were included in the TMC 2023 Hamburg programme. Migration Conferences are annual scholarly gatherings accommodating debates about migration, migrants, refugees, asylum seekers, integration, diasporas and all other relevant topics from various social science disciplines while also hosting debates involving policy makers, media and third sector representatives. The Migration Conference 2023 was hosted by the Faculty of Law at Hamburg University in Germany. Details of the conference programme and the links to the online sessions can be inspected here. www.migrationconference.net | @migrationevent | fb.me/MigrationConference | Email: [email protected] Contents Summary Programme ECONOMICS, WORK AND MIGRATION... SPATIAL ANALYSIS OF YOUTH TVET EDUCATION, INSERTION, MIGRATION AND REGIONAL ECONOMIC GROWTH IN MOROCCO USING SPATIAL ECONOMETRICS - Mohamed Ennebch, Ahmed Bassibas, Youssef Haddou Amar, Meryem Ragbi, and Moubarek Amine Berdaa LOCAL POLICIES OF DIVERSITY IN (POST-) INDUSTRIAL CITIES: A RESEARCH AGENDA BETWEEN ITALY AND JAPAN.. - Magda Bolzoni and Silvia Crivello NEW ‘CRISIS’, OLD CHALLENGES AND RESPONSES: LABOUR IM(MOBILITIES) OF ALBANIAN MIGRANTS IN GREECE’S COVID-19 ‘CRISIS’ - Maria Panteleou THE EFFECTS OF LABOR MIGRATION FROM GEORGIA ON THE SOCIOECONOMIC STRUCTURE OF THE EASTERN BLACK SEA COASTAL CITIES - Kerim Taşkın and Selver Özözen Kahraman INTERNATIONAL STANDARDS OF MIGRANT DOMESTIC WORKERS AND THE KAFALA SYSTEM IN LEBANON - Nadine El-Dekmak EDUCATION AND SKILLED MIGRATION FROM MIGRANT WORKERS TO PROFESSIONAL TEACHERS: THE REINTEGRATION OF OVERSEAS FILIPINO WORKERS (OFWS) THROUGH “SA PINAS, IKAW AY MA’AM, SIR” (SPIMS) PROGRAM - Rowena R. Hibanada and Jocelyn O. Celero THE “NOT MIGRANT” NARRATIVE AND ITS CAUSES: SELF-CATEGORIZATION OF HIGHLY SKILLED MIGRANTS IN BUDAPEST - Pinar Dilan Sönmez Gioftsios TESTIMONIOS AS DECOLONIZING TOOLS IN EFL TEACHER EDUCATION PROGRAMS TO PROMOTE REFLECTION AND ACTION - Irasema Mora-Pablo BRAIN DRAIN OF HEALTH WORKERS FROM TURKEY TO GERMANY AND ITS RESULTS: POSSIBILITIES OF BRAIN GAIN - Fuat Güllüpınar and Gamze Kaçar Tunç WELLBEING AND MIGRATION DETERMINANTS OF SELF REPORTED POST TRAUMATIC STRESS DISORDER IN SYRIAN REFUGEES LIVING IN TURKEY BETWEEN 2011-2017: ANALYSIS BY SPATIAL PERSPECTIVE.. Alime Tombak A STUDY OF THE DETRIMENTAL IMPACT OF COVID-19: WITH SPECIAL EMPHASIS ON FEMALE MIGRANT WORKERS IN NEW DELHI, INDIA.. Niimisha Kaul OVERCOMING ADVERSITY: AN INVESTIGATION OF PSYCHOLOGICAL WELL-BEING AMONG SYRIAN REFUGEES IN TÜRKIYE.. Selen Subaşı MIGRATION, LAW AND POLICY.. THE CONNECTION OF DISCRIMINATION, ANGER, AND POLITICAL VIOLENCE.. Rebecca Endtricht DECENT LIVING CONDITIONS FOR ASYLUM SEEKERS AND REFUGEES. THE PROBLEM OF PROTECTION IN GREECE.. Styliani (Stella) Christoforidou THE SOLIDARITY’S PRINCIPLE IN THE GOVERNMENT OF MIGRATION BETWEEN CRIMINALIZATION AND SUSTAINABILITY.. Filomena Pisconti THE USE OF THE TRANSFORMATIVE INTERCULTUREL MEDIATION MODEL FOR IMMIGRANTS. Amel Ketani THE HUMAN RIGHTS OF REFUGEES: STATUS TRANSITION FROM ILLEGAL MIGRANTS TO ASYLUM SEEKERS REGARDING THE SUPRESSION OF MIGRANT SMUGGLING AS A TRANSNATIONAL CRIME.. Blerta Ahmedi, Bekim Nuhija, Stefani Stojchevska and Betim Jahja MIGRATION AND ENVIRONMENT.. ENVIRONMENTAL INEQUITIES AND URBAN MIGRATION: AN ANALYSIS OF CLIMATE INJUSTICE FOR SYRIAN COMMUNITIES IN ISTANBUL.. Elif Bengi Güneş and Osman Balaban ENVIRONMENTAL REFUGEES AND THE 1951 REFUGEE CONVENTION.. AlBaraa Quradi COMPATIBILITY OF THE EU-TURKEY STATEMENT TO EU LAW AND INTERNATIONAL HUMAN RIGHTS LAW... Havva Yesil MIGRATION AND INTEGRATION... PLURAL AGENCIES IN UNDERSTANDING 21ST CENTURY MIGRATION HISTORY IN EUROPE: UNVEILING MIGRATION PATTERNS THROUGH CONSTELLATIONS AND SYMMETRIZATIONS. Andres Otalvaro ESSENTIAL HANDS, INVISIBLE WORKER: THE LIVES OF BLACK MIGRANTS IN THE US. Yasin Kakande THE TRANSNATIONAL GENERATIONS AND EDUCATION: THE MODELS OF INTEGRATION IN QATARI SCHOOLS. Abdullah Noor Mohmmad Arbabi REFUGEE INTEGRATION IN GREECE AND ITALY (2010-2020): A COMPARISON STUDY.. Dimitris Georgiadis CHINESE MIGRATION AND ENGAGEMENT IN CAMEROON: A COMPREHENSIVE OVERVIEW... Jocelyne Kenne Kenne IRREGULAR AFRICAN IMMIGRANTS AND THEIR INTEGRATION IN THE LIBYAN COASTAL CITIES. Mohamed Ali Ahmed THE CRETAN REFUGEES IN THE PROVINCE OF ADANA.. Aslı Emine Çomu UNDERSTANDING TURKISH RETURN MIGRATION FROM GERMANY.. Funda Yıldırım MIGRATION AND GENDER.. WOMEN’S ESSENTIAL ROLES AS CHANGE AGENTS IN HUMANITARIAN RESPONSE, DEVELOPMENT AND POST-CONFLICT RECONSTRUCTION/ RECONCILIATION.. Nur Sultan Çırakman and Candost Aydın BEYOND VICTIMHOODTRANSFORMATIVE POTENTIALS IN QUEER HUMANITARIANISM... Valentina Massone YOUTH, CHILDREN AND FAMILIES. MUSIC AS A CATALYST FOR BIO-PSYCHO-SOCIAL TRANSFORMATION WITH REFUGEE YOUTH.. Eva Marija Vukich and Hala Hamdan COURT-TO-COURT DIALOGUES: CHALLENGES FOR THE PROTECTION OF CHILDREN IN MIGRATION PROCESSES. Laila Roxina Moliterno Abi Cheble INSECURITIES AND MIGRATION... PERPETUAL WAR LOGIC AND GLOBAL REFUGEES. Anas Karzai SECURITY, DISPLACED: UNDERSTANDING REFUGEES’ SENSE OF SAFETY AND SECURITY THROUGH THEIR RESETTLEMENT EXPERIENCES IN MONTREAL, CANADA.. Krystal Tennessee PERPETRATORS’ TRAUMA: EMOTIONAL STATE OF MIGRANTS FROM RUSSIA WHO DISAPPROVE OF THE INVASION OF UKRAINE.. Varvara Mukhina MIGRANTS, THE STATE AND HUMAN TRAFFICKING IN TRINIDAD AND TOBAGO.. Andel Andrew and Lue Anda Francis-Blackman MIGRATION MANAGEMENT AND BORDERING PRACTICES IN THAILAND AND VIETNAM.. Mary Rose Geraldine A. Sarausad and Reinaruth D. Carlos ARTS, LITERATURE AND MIGRATION... MEMORIES OF EMIGRATION AND THE PERCEPTION OF IMMIGRANTS IN ITALY.. Luana Franco-Rocha, Daniela Salvucci, and Dorothy Zinn HISTORY AND MIGRATION... HUMAN MIGRATIONS, HISTORY AND LAW ACCORDING TO “THE NOMOS OF THE EARTH”. Orazio Maria Gnerre THEORY AND METHODS IN MIGRATION STUDIES. A COLLABORATIVE OPEN-SOURCE MIGRATION RESEARCH PLATFORM... Jimmy Krozel, Mark Peters, Athina Bikaki, Shaili Dave, Luke Lorentzatos, and Ioannis A. Kakadiaris MIGRATION AND RADICALIZATION WITH VIOLENCE.. Merve Önenli Güven HATE SPEECH: DISPLACEMENTS OF THE MODERN HOMO SACER.. Laura Natalia y Rodríguez Ariano CLIMATE IM(MOBOLITY) UNDER THE LENS OF CLIMATE JUSTICE.. Marilia Papaleo Gagliardi L’ÈMIGRATION... CONTRIBUTION ET PLACE DES ONG DANS LE CADRE NORMATIF DE PROTECTION INTERNATIONALE DES RÉFUGIÉS. Samira Bikarden MIGRACIONES. MIGRACIÓN DE TRANSITO DE CENTRO Y SURAMERICANOS POR ZACATECAS MÉXICO HACIA ESTADOS UNIDOS 2022-2023. García Zamora Pascual G, J Lamberto Herrera M y Dellanira Ruiz de Chávez R DISCURSO DE ODIO EN CONTRA DE LA INMIGRACIÓN: DESPLAZAMIENTOS DEL HOMO SACER MODERNO LAURA.. Laura Natalia y Rodríguez Ariano PERCEPCIÓN NEGATIVA RESPECTO A LA INMIGRACIÓN VENEZOLANA POR LA MENDICIDAD. Jessica Ordóñez GÖÇ ÇALIŞMALARI. KAHRAMANMARAŞ DEPREMLERİ SONRASI ZORUNLU İÇ GÖÇ: ESKİŞEHİR ÖRNEĞİ. Filiz Göktuna Yaylacı and Gül Sevi Üçüncü GÖÇ SÜRECİNDE KESİŞİMSELLİK: SOSYAL PSİKOLOJİK BAKIŞ AÇISI. Betül Dilara Şeker KAHRAMANMARAŞ-TÜRKİYE DEPREMLERİ SONRASI YAŞANAN DEPREM GÖÇÜ ÜZERİNE SOSYOLOJİK BİR ÇALIŞMA.. Senem Gürkan and Erkan Perşembe EV SAHİBİ GRUBUN MÜLTECİLERE YÖNELİK TUTUMLARININ DEĞERLENDİRİLMESİ. Betül Dilara Şeker ve İbrahim Sirkeci
This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.
The first interdisciplinary empirically-grounded pluri-jurisdictional assessment of the origins, operation and main causes of the growing global investment migration trend.
Taken together, this body of work examines how Australia has politicised the right to seek asylum, to the detriment of asylum seekers and refugees as well as Australian citizens, and tentatively offers hope on how we might seek to normalise, legitimise and re-humanise the processes.