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The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda.
The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.
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.
In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.
The Citizen in the 21st Century challenges, confronts, comforts and renews the many ways of thinking about citizenship in the 21st century.
The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France
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.
There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labour rights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. Chapters cover the labour laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.
Marriages that involve the migration of at least one of the spouses challenge two intersecting facets of the politics of belonging: the making of the 'good and legitimate citizens' and the 'acceptable family'. In Europe, cross-border marriages have been the target of increasing state controls, an issue of public concern and the object of scholarly research. The study of cross-border marriages and the ways these marriages are framed is inevitably affected by states' concerns and priorities. There is a need for a reflexive assessment of how the categories employed by state institutions and agents have impacted the study of cross-border marriages. This collection of essays analyses what is at stake in the regulation of cross-border marriages and how European states use particular categories (e.g., 'sham', 'forced' and 'mixed' marriages) to differentiate between acceptable and non-acceptable marriages. When researchers use these categories unreflexively, they risk reproducing nation-centred epistemologies and reinforcing state-informed hierarchies and forms of exclusion. The chapters in this book offer new insights into a timely topic and suggest ways to avoid these pitfalls: differentiating between categories of analysis and categories of practice, adopting methodologies that do not mirror nation-states' logic and engaging with general social theory outside migration studies. This book will be of interest to researchers and academics of Sociology, Politics, International Relations, Social and Cultural Anthropology, Human Geography, Social Work, and Public Policy. Barring one, all the chapters in this book were originally published as a special issue in the Journal of Ethnic and Migration Studies.
Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children’s rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children’s rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants’ rights in practice. Authors deconstruct power relations residing within the discourses of children’s rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children’s’ rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors’ survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states’ obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.