Law and Migration – serie
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45 produkter
45 produkter
650 kr
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This book aims to augment the Ashgate series by taking stock of the current state of migration law literature. It also aims to sketch out the contours of its future long-term development, in what is now by all accounts a vastly expanded research agenda.
625 kr
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The central concern of this book is to find answers to fundamental questions about the British asylum system and how it operates. Based on ethnographic research over a two-year period, the work follows and analyses numerous asylum appeals through the British courts. It draws on myriad interviews with individuals and a thorough examination of many state and non-state organizations to understand how the system works. While the organization of the book reflects the formal asylum process, a focus on specific legal appeals reveals the ‘political’ factors at play as different institutions and actors seek to influence judicial decision-making and overturn/uphold official asylum policy. The final chapter draws on the author’s ethnographic findings of the UK’s ‘asylum field’ to re-examine research on the Refugee Determination System in the US, Canada and Australia which has narrowly focused on judicial decision-making. It argues that analysis of Refugee Determination Systems must be situated and studied as part of a wider, political, semi-autonomous ‘asylum field’ which needs to be better understood.Providing an in-depth ethnographic study of a national asylum system and of immigration law and practice, the book will be an invaluable resource for academics, researchers and policy-makers in the UK and beyond working in this highly topical area.
Children's Rights and Refugee Law
Conceptualising Children within the Refugee Convention
Häftad, Engelska, 2019
625 kr
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Children make up half of the world’s refugees and over 40 per cent of the world’s asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children’s rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children’s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like.In order to construct a children’s rights approach, the conceptualisations of children outside the legal discipline, within international children’s rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children’s rights approach might improve outcomes for child applicants.The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children’s rights and international human rights law.
1 648 kr
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This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships’ projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.
1 963 kr
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The book provides an in-depth discussion of democratic theory questions in relation to refugee law.The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee’s situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion.The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.
1 963 kr
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This book addresses the relationship between International Refugee Law and International Human Rights Law. Using international refugee law’s analytical turn to human rights as its object of inquiry, it represents a critical intervention into the revisionism that has led to conceptual fragmentation and restrictive practices.Mainstream literature in refugee law reflects a mood of celebration, a narrative of progress which praises the discipline’s rescue from obsolescence. This is commonly ascribed to its repositioning alongside human rights law, its veritable rediscovery as an arm of this far greater edifice. By using human rights logic to construct the current legal paradigm and inform us of who qualifies as a refugee, this purportedly lent areas of conceptual uncertainty a set of objective, modern criteria and increased enfranchisement to new, non-traditional claimants.The present work challenges this dominant position by finding the untold limits of its current paradigm. It stands alone in this orientation and hereby represents one of the most comprehensive, heterodox and structurally detailed reviews of this connection. The exploration of the gap between modern approaches and the unsatisfactory realities of seeking asylum forms the substance of this book. It asserts, by contrast, the existence of revolution rather than evolution. Human rights law has erased the founding tenets of the Refugee Convention, enabling powerful states to contain refugees in their region of origin.The book will be essential reading for those interested in Refugee Law, Refugee Studies, Postcolonial Legal Studies, Postmodern Critiques and Critical Legal Theory. Additionally, given its relevance for the adjudication of refugee claims, it will be an important resource for solicitors, barristers and judges.
574 kr
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This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships’ projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.
574 kr
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This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women.The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women.The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.
Environmental Change, Forced Displacement and International Law
from legal protection gaps to protection solutions
Häftad, Engelska, 2020
574 kr
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This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap".The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise.This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.
574 kr
Skickas inom 10-15 vardagar
This book addresses the relationship between International Refugee Law and International Human Rights Law. Using international refugee law’s analytical turn to human rights as its object of inquiry, it represents a critical intervention into the revisionism that has led to conceptual fragmentation and restrictive practices.Mainstream literature in refugee law reflects a mood of celebration, a narrative of progress which praises the discipline’s rescue from obsolescence. This is commonly ascribed to its repositioning alongside human rights law, its veritable rediscovery as an arm of this far greater edifice. By using human rights logic to construct the current legal paradigm and inform us of who qualifies as a refugee, this purportedly lent areas of conceptual uncertainty a set of objective, modern criteria and increased enfranchisement to new, non-traditional claimants.The present work challenges this dominant position by finding the untold limits of its current paradigm. It stands alone in this orientation and hereby represents one of the most comprehensive, heterodox and structurally detailed reviews of this connection. The exploration of the gap between modern approaches and the unsatisfactory realities of seeking asylum forms the substance of this book. It asserts, by contrast, the existence of revolution rather than evolution. Human rights law has erased the founding tenets of the Refugee Convention, enabling powerful states to contain refugees in their region of origin.The book will be essential reading for those interested in Refugee Law, Refugee Studies, Postcolonial Legal Studies, Postmodern Critiques and Critical Legal Theory. Additionally, given its relevance for the adjudication of refugee claims, it will be an important resource for solicitors, barristers and judges.
574 kr
Skickas inom 10-15 vardagar
The book provides an in-depth discussion of democratic theory questions in relation to refugee law.The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee’s situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion.The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.
Ethical, Legal and Social Aspects of Healthcare for Migrants
Perspectives from the UK and Germany
Häftad, Engelska, 2020
574 kr
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Numerous important issues arise in relation to the health of, and healthcare for (and by), migrants. Much commentary on the migrant crisis and healthcare has focused on the allocation of resources, with less discussion of the needs of, and provision for, migrants. Presenting a comparative perspective on the UK and Germany, this volume increases knowledge of a broad spectrum of challenges in healthcare provision for migrants. ‘Migration’ is deliberately understood in its broadest sense and includes not only migrant patients but also migrant healthcare professionals. The book’s content is diverse, with insights from healthcare ethics, healthcare law, along with clinical perspectives as well as perspectives from the social sciences. The collection provides normative reflections on current issues, and presents data from empirical studies. By informing researchers, politicians and healthcare practitioners about approaches to challenges arising in healthcare provision for migrants, the collection seeks to inform the development of adequate and ethically appropriate strategies.
574 kr
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Recent migratory flows to Europe have brought about considerable changes in many countries. Italy in particular offers a unique point of view, since it is possible to observe not only the way migration has changed specific features of the country, but also how it is intertwined with gender relations. Considering both the type of migration that has affected Italy and the consequent measures adopted by the Government, a variety of distinctive elements may be seen. By providing a broad and more complete picture of the Italian perspective on gender and migration, this book makes a valuable contribution to the wider debate. The contributions consider the problematic linkage between gender and migration, as well as analyse particular aspects including Italian colonial past, domestic work, self-determination, access to social services, second-generation migrant women, family law, multiculturalism and religious symbols. Taking an empirical and theoretical approach, the volume underlines both the multifaceted problems affecting migrant women in Italy and the way in which questions raised in other countries are introduced and redefined by Italian scholarship. The book presents a valuable resource for researchers, academics and policy-makers working in the areas of migration and gender studies.
574 kr
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In Scandinavian countries immigration is a sensitive issue and legislators’ approach to the questions it has raised has varied over the years. Whatever immigrant and integration policies are adopted in a democratic society, it is clear that the legislation and the authorities have to ensure that the individual rights of the immigrants residing in its territory are respected. With Canada as a point of reference, this book draws attention to weaknesses in the regulation and implementation of integration provisions threatening the immigrants’ individual rights in the EU member states of Denmark, Finland and Sweden. The study challenges readers to critically review the meaning of rights and the notion of global caring. It takes a critical look at how vulnerable immigrants fare in a largely immigrant nation with a welfare capitalism legacy, when compared to three European nations which claim to embrace institutional welfare models. This book will be of great interest to scholars and decision-makers interested in Scandinavian or Canadian immigration and integration policies.
Control of People Smuggling and Trafficking in the EU
Experiences from the UK and Italy
Häftad, Engelska, 2020
574 kr
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This book examines the smuggling of migrants and trafficking in human beings in the EU with a comparative analysis of how British and Italian law has approached the issues. The work also analyzes the role of cooperation between the police and judiciary in combating criminal organizations involved in these crimes. The author draws on evidence from the Italian cities of Rimini and Siracusa and from the Italian transit island of Lampedusa to show how an innovative approach can help provide solutions to the problems arising from this sort of criminal activity. The result is a valuable resource for academics and students working in the areas of migration, refugee, criminal justice and EU law. Policy-makers and practitioners working with refugee and immigration issues will also find much of interest in this book.
Conflict Displacement and Legal Protection
Understanding Asylum, Human Rights and Refugee Law
Häftad, Engelska, 2020
574 kr
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While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty.This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments.The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.
Refugee Law and Durability of Protection
Temporary Residence and Cessation of Status
Häftad, Engelska, 2020
574 kr
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This book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention. In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law.
1 963 kr
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This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women.The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women.The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.
574 kr
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In contrast to the claim that refugee law has been a key in guaranteeing a space of protection for refugees, this book argues that law has been instrumental in eliminating spaces of protection, not just from one’s persecutors but also from the grasp of sovereign power. By uncovering certain fundamental aspects of asylum as practised in the past and in present day social movements, namely its concern with defining space rather than people and its role as a space of resistance or otherness to sovereign law, this book demonstrates that asylum has historically been antagonistic to law and vice versa. In contrast, twentieth-century refugee law was constructed precisely to ensure the effective management and control over the movements of forced migrants. To illustrate the complex ways in which these two paradigms – asylum and refugee law – interact with one another, this book examines their historical development and concludes with in-depth studies of the Sanctuary Movement in the United States and the Sans-Papiers of France.The book will appeal to researchers and students of refugee law and refugee studies; legal and political philosophy; ancient, medieval and modern legal history; and sociology of political movements.
2 026 kr
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How should international law approach the critical issue of movement of peoples in the 21st century? This book presents a radical reappraisal of this controversial problem. Challenging present-day ideas of restrictions on freedom of movement and the international structure that controls entry to states, it argues for a new blueprint for international migration policy that eliminates waste, aids both developing and developed societies and brings attendant benefits to voluntary migrants and involuntary refugees alike. In a world of increasing disorder, it is suggested that current policy only adds to international instability and threatens the interests of a functional global community.
2 026 kr
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This volume examines the development of refugee law and policy in Japan. The book discusses systemic weaknesses and compares the evolution of law in other states to highlight problems in Japan's refugee determination system. Ultimately, the book calls for Japan to reform failing systems and take innovative action towards refugee protection.
1 949 kr
Tillfälligt slut
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.
840 kr
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How should international law approach the critical issue of movement of peoples in the 21st century? This book presents a radical reappraisal of this controversial problem. Challenging present-day ideas of restrictions on freedom of movement and the international structure that controls entry to states, it argues for a new blueprint for international migration policy that eliminates waste, aids both developing and developed societies and brings attendant benefits to voluntary migrants and involuntary refugees alike. In a world of increasing disorder, it is suggested that current policy only adds to international instability and threatens the interests of a functional global community.
Control of People Smuggling and Trafficking in the EU
Experiences from the UK and Italy
Inbunden, Engelska, 2010
2 026 kr
Skickas inom 10-15 vardagar
This book examines the smuggling of migrants and trafficking in human beings in the EU with a comparative analysis of how British and Italian law has approached the issues. The work also analyzes the role of cooperation between the police and judiciary in combating criminal organizations involved in these crimes. The author draws on evidence from the Italian cities of Rimini and Siracusa and from the Italian transit island of Lampedusa to show how an innovative approach can help provide solutions to the problems arising from this sort of criminal activity. The result is a valuable resource for academics and students working in the areas of migration, refugee, criminal justice and EU law. Policy-makers and practitioners working with refugee and immigration issues will also find much of interest in this book.
1 963 kr
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Appeals are a crucial part of Europe’s asylum system but they remain poorly understood. Building on insights and perspectives from legal geography and socio-legal studies, this book shines a light on what takes place during asylum appeals and puts forward suggestions for improving their fairness and accessibility. Drawing on hundreds of ethnographic observations of appeal hearings, as well as research interviews, the authors paint a detailed picture of the limitations of refugee protection available through asylum appeals. Refugee law can appear dependable and reliable in policy documents and legal texts. However, this work reveals that, in reality, myriad social, political, psychological, linguistic, contextual and economic factors interfere with and frequently confound the protection that refugee law promises during its concrete enactment. Drawing on evidence from Austria, Belgium, France, Germany, Greece, Italy and the United Kingdom, the book equips readers with a clear sense of the fragility of legal protection for people forced to migrate to Europe. The book will appeal to scholars of migration studies, legal studies, legal geography and the social sciences generally, as well as practitioners in asylum law throughout Europe and beyond.This book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
587 kr
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Appeals are a crucial part of Europe’s asylum system but they remain poorly understood. Building on insights and perspectives from legal geography and socio-legal studies, this book shines a light on what takes place during asylum appeals and puts forward suggestions for improving their fairness and accessibility. Drawing on hundreds of ethnographic observations of appeal hearings, as well as research interviews, the authors paint a detailed picture of the limitations of refugee protection available through asylum appeals. Refugee law can appear dependable and reliable in policy documents and legal texts. However, this work reveals that, in reality, myriad social, political, psychological, linguistic, contextual and economic factors interfere with and frequently confound the protection that refugee law promises during its concrete enactment. Drawing on evidence from Austria, Belgium, France, Germany, Greece, Italy and the United Kingdom, the book equips readers with a clear sense of the fragility of legal protection for people forced to migrate to Europe. The book will appeal to scholars of migration studies, legal studies, legal geography and the social sciences generally, as well as practitioners in asylum law throughout Europe and beyond.This book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Irregular Migration, Refugee Status and the Law
Protection from Dangerous Migratory Journeys
Inbunden, Engelska, 2025
1 963 kr
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Through an investigation of the protection needs of ‘irregularised migrants’, this book offers a novel approach to the phenomenon of irregular migration by reframing it as a matter of refugee law.Thousands of people have died, disappeared and suffered mental and physical harm on their dangerous migratory journeys to Europe. This book addresses an issue which, so far, has been largely omitted from the study of refugee law: the fact that harm experienced during irregular migration is often as serious as harm feared by recognised refugees in their countries of origin. Grundler argues that harm experienced during dangerous journeys can constitute persecution and that a risk of irregular re-migration can form the basis for a claim to refugee status. Drawing insights from a comparative content analysis of trafficked persons’ asylum claims, other disciplines such as psychology and sociology and additional case law, this book provides readers with new understandings on the scope of the refugee definition, adds new concepts to migration theories and challenges states’ migration control policies.This volume will be an important point of reference for scholars, practitioners, policymakers and students working on refugee and human rights law, (irregular) migration and vulnerability.
574 kr
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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.
Protection of Human Life at Sea in International Law
Rescuing Maritime Migrants
Inbunden, Engelska, 2025
1 963 kr
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The law of the sea imposes a long-established duty to rescue persons in distress, which connotes one of the most important tools in safeguarding safety of life at sea. Other rules of international law, namely, international human rights and refugee law also come into play in drawing the legal parameters for the conduct of rescue operations.Amid the thousands of people undertaking perilous sea journeys in search of safety, European legal responses have primarily focused on the securitization of migration. This book exposes the human rights violations that may be perpetrated against migrants attempting to cross the Mediterranean and strongly advocates for the development of a framework for operationalizing the protection of human rights – and life – at sea. It combines theory and practice in which philosophical theories of rights are applied to create a framework for legal analysis and the development of practical legal standards. The study presents an innovative evaluation of selected judgments of the European Court of Human Rights and other international human rights bodies pertaining to complex questions of extraterritorial jurisdiction and a State's human rights obligations towards persons in distress at sea.The book will be of interest to all those engaging with migration and security studies, international human rights scholarship, international law of the sea, refugee and migration law and legal philosophy, whether generalist or specialist.
2 066 kr
Kommande
This book explores and discusses the different perspectives stemming from the visa as a tool of international mobility. A visa has a multiform nature. It is a `key’ which allows aliens to reach the door of the State. It is also a tool for the State to govern migration and border control. In humanitarian and international protection terms, it is also a tool for human rights protection. Against this background, this book assesses the legal and socio-political implications arising from the multipurpose nature and scope of visas. It is divided in two parts. The first focuses on the visa as an instrument for migration control, contextualizing the rationale behind its invention and the legal challenges it raises. The second part focuses on the visa as a tool for asylum, examining its use for humanitarian purposes, including resettlement schemes and emergency-related evacuation initiatives put in place in different legal systems. It will be of interest to academics, researchers and policy-makers working in the areas of Migration and Asylum Law, International Human Rights Law and Political Science.