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Author: Tobias G. Eule Publisher: Springer ISBN: 3319987496 Category : Political Science Languages : en Pages : 264
Book Description
This book traces the practices of migration control and its contestation in the European migration regime in times of intense politicization. The collaboratively written work brings together the perspectives of state agents, NGOs, migrants with precarious legal status, and their support networks, collected through multi-sited fieldwork in eight European states: Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland. The book provides knowledge of how European migration law is implemented, used, and challenged by different actors, and of how it lends and constrains power over migrants’ journeys and prospects. An ethnography of law in action, the book contributes to socio-legal scholarship on migration control at the margins of the state. “This book is a major achievement. A remarkable and insightful study that through close analysis of the practices of migration control in 8 European countries (Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland) provides powerful new insight into the power of the state at its margins and over those that are marginalised.” - Andrew Geddes, Director, Migration Policy Centre, European University Institute “Migrants Before the Law provides a much-needed account of the dizzying legal labyrinth that migrants navigate as they seek to survive in Europe. Based on multi-sited ethnography in detention centres, migration offices, police stations, and non-governmental organizations as well as on interviews with key government actors, advocates, and migrants themselves, this book explores the systems of control and forms of migrant precarity that operate along Europe’s internal borders, in multiple national and transnational contexts. Readers will come away with a deepened understanding of the perverse workings of power, the ways that the uncertainty and unpredictability of law foster both despair and hope, the degree to which the immigration “crisis” is both manufactured and experienced as real, and the ingenuity of migrants themselves in the face of Kafkaesque state practices.” - Susan Bibler Coutin, Professor of Criminology, Law and Society and Anthropology, University of California, Irvine, USA “Migrants Before the Law is an excellent exposition of the dispersed sites of the law and the hinges and junctions through which this apparatus is actualized in the lives of migrants facing deportation, contesting their status as illegal migrants or seeking to regularize their precarious position. Written with great sensitivity and an eye to minute details this book is also an achievement in furthering the method of collaborative ethnography and new ways of staging comparisons.” - Veena Das, Krieger-Eisenhower Professor of Anthropology, Johns Hopkins University, USA
Author: Tobias G. Eule Publisher: Springer ISBN: 3319987496 Category : Political Science Languages : en Pages : 264
Book Description
This book traces the practices of migration control and its contestation in the European migration regime in times of intense politicization. The collaboratively written work brings together the perspectives of state agents, NGOs, migrants with precarious legal status, and their support networks, collected through multi-sited fieldwork in eight European states: Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland. The book provides knowledge of how European migration law is implemented, used, and challenged by different actors, and of how it lends and constrains power over migrants’ journeys and prospects. An ethnography of law in action, the book contributes to socio-legal scholarship on migration control at the margins of the state. “This book is a major achievement. A remarkable and insightful study that through close analysis of the practices of migration control in 8 European countries (Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland) provides powerful new insight into the power of the state at its margins and over those that are marginalised.” - Andrew Geddes, Director, Migration Policy Centre, European University Institute “Migrants Before the Law provides a much-needed account of the dizzying legal labyrinth that migrants navigate as they seek to survive in Europe. Based on multi-sited ethnography in detention centres, migration offices, police stations, and non-governmental organizations as well as on interviews with key government actors, advocates, and migrants themselves, this book explores the systems of control and forms of migrant precarity that operate along Europe’s internal borders, in multiple national and transnational contexts. Readers will come away with a deepened understanding of the perverse workings of power, the ways that the uncertainty and unpredictability of law foster both despair and hope, the degree to which the immigration “crisis” is both manufactured and experienced as real, and the ingenuity of migrants themselves in the face of Kafkaesque state practices.” - Susan Bibler Coutin, Professor of Criminology, Law and Society and Anthropology, University of California, Irvine, USA “Migrants Before the Law is an excellent exposition of the dispersed sites of the law and the hinges and junctions through which this apparatus is actualized in the lives of migrants facing deportation, contesting their status as illegal migrants or seeking to regularize their precarious position. Written with great sensitivity and an eye to minute details this book is also an achievement in furthering the method of collaborative ethnography and new ways of staging comparisons.” - Veena Das, Krieger-Eisenhower Professor of Anthropology, Johns Hopkins University, USA
Author: David Moya Publisher: BRILL ISBN: 9004465693 Category : Law Languages : en Pages : 306
Book Description
This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum as regards the most relevant rights of the ECHR, exploring the role of this court in this area of law.
Author: Valsamis Mitsilegas Publisher: Springer ISBN: 331912658X Category : Law Languages : en Pages : 110
Book Description
This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.
Author: Ruth Rubio-Marín Publisher: Oxford University Press ISBN: 0198701179 Category : Law Languages : en Pages : 336
Book Description
This book examines major issues in the protection of the human rights of migrants. Providing a multi-jurisdictional and multi-disciplinary analysis, the work allows scholars, human rights practitioners and activists to access current discussions in the field.
Author: Marie-Benedicte Dembour Publisher: Routledge ISBN: 1136700080 Category : Business & Economics Languages : en Pages : 265
Book Description
Human rights seemingly offer universal protection. However, irregular migrants have, at best, only problematic access to human rights. Whether understood as an ethical injunction or legally codified norm, the promised protection of human rights seems to break down when it comes to the lived experience of irregular migrants. This book therefore asks three key questions of great practical and theoretical importance. First, what do we mean when we speak of human rights? Second, is the problematic access of irregular migrants to human rights protection an issue of implementation, or is it due to the inherent characteristics of the concept of human rights? Third, should we look beyond human rights for an effective source of protection? Written is an accessible style, with a range of socio-legal and doctrinal approaches, the chapters focus on the situation of the irregular migrant in Europe and the United States. Throughout the book, nuanced theoretical debates are put in the context of concrete case studies. The critical reflections it offers on the limitations and possibilities of human rights protections for irregular migrants will be invaluable for students, scholars and practitioners.
Author: Ayelet Shachar Publisher: ISBN: 9781526145314 Category : Languages : en Pages : 280
Book Description
A critical assessment from the perspective of political and legal theory of how shifting borders impact on migration, mobility and the protection of displaced persons
Author: Emília Lana de Freitas Castro Publisher: Transnational Press London ISBN: 1910781770 Category : Law Languages : en Pages : 128
Book Description
This book emerges from those fruitful discussions as a collection of some of the matters presented, whose authors have virtuously stood out. Just as the previous books that arose from other TMC editions, Current Challenges in Migration Policy and Law gives the opportunity not only to experienced professors and researches but especially to young scholars to divulge their studies and present their experiences in the various research fields migration can be discussed, rethought and further developed. We are thankful to Transnational Press London as it believed in our aspirations as editors and it stimulated us to be protagonists in the process of editing and building up this book the way we believed it would contribute to the current discussions on migration. As scholars and young researchers, we are delighted by this opportunity created by Professor Sirkeci. “International migration is one of the most challenging and critical factors shaping the future of societies and economies today. Its accumulated complexity challenges academics, politicians, professionals and citizens. Bringing together the voices of authors from diverse countries and backgrounds, belonging to a new generation of researchers, this book brings new clues to understand how modern policies are built and new tools to act for a better world.” – João Peixoto, Lisbon School of Economics and Management (ISEG), Universidade de Lisboa, Portugal Contents INTRODUCTION Emília Lana de Freitas Castro and Sergio Maia Tavares Marques CHAPTER 1. RESTRICTIVE ASYLUM POLICIES AND REFLECTIONS IN THE LABOUR MARKET: THE CASES OF ITALY AND TURKEY Anita C. Butera and Secil Ertorer CHAPTER 2. HOW FAR DO MORAL VALUES SHAPE THE LEGAL TERMINOLOGY USED IN INTERNATIONAL CONVENTIONS CONCERNING MIGRANT WORKERS? Sureyya Sonmez Efe CHAPTER 3. A HUMAN RIGHT TO RELOCATE: THE CASE FOR CLIMATE MIGRANTS Melina Duarte CHAPTER 4. CLIMATE CHANGE MIGRATION AS AN ADAPTATION STRATEGY: THE ADAPTATION APPROACH THEORY AND THE PARIS AGREEMENT Giulia Manccini Pinheiro CHAPTER 5. WHOSE DIASPORA? RETHINKING DIASPORA POLITICS: CHINA’S OVERSEAS CHINESE ENGAGEMENT IN TRANSNATIONAL SPACES Carsten Schäfer CHAPTER 6. “OUT OF SIGHT, OUT OF MIND”. MANAGING MIGRATION FLOWS WITH TURKEY AS A “SAFE THIRD COUNTRY”? Annalisa Geraci CHAPTER 7. SOFT LAW, EFFECTIVENESS OF FUNDAMENTAL RIGHTS AND MIGRATION: HOW EFFECTIVE ARE MIGRANTS’ FUNDAMENTAL RIGHTS IN AN ERA OF EUROPEAN GOVERNANCE? Roila Mavrouli
Author: Bernhard Ryan Publisher: BRILL ISBN: 9004172335 Category : Law Languages : en Pages : 460
Book Description
This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.
Author: Maria Isabel Medina Publisher: Kluwer Law International B.V. ISBN: 9403533412 Category : Law Languages : en Pages : 198
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on the rules on immigration and right of residence of non-nationals in United States examines the legal and administrative conditions for persons not having the citizenship of a State to enter the country and to stay and reside there. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. It follows the common structure of all monographs appearing in the International Encyclopaedia for Migration Law, thus allowing easy comparison between the country studies. As migration and economic activities are often interlinked, the analysis pays particular attention to labour market access and regulation of self-employed activities for non-nationals. The book describes the status of such specific categories of persons as students, researchers, temporary workers, and asylum seekers, as well as the position of family members, detailing applicable legislation and providing practical information on administrative procedures, sanctions, and legal remedies and guarantees. The impact of international human rights law and various bilateral and multilateral agreements is considered, along with the broader application of national and local law to non-citizens in such areas as family relations, labour, social security, and education. Lawyers, scholars, practitioners, policymakers, government administrations, and non governmental organizations involved in the development, practice and study of migration law will find this book indispensable. It will be welcomed by lawyers representing parties with interests in United States and immigration specialists in both public and private organizations. Academics and researchers also will appreciate its value in the study of comparative trends and harmonization initiatives affecting migrants.
Author: Tobias G. Eule
Author: Tobias G. Eule
Author: David Moya
Author: Valsamis Mitsilegas
Author: Ruth Rubio-Marín
Author: Marie-Benedicte Dembour
Author: Ayelet Shachar
Author: Emília Lana de Freitas Castro
Author: Bernhard Ryan
Author: Brian Opeskin
Author: Maria Isabel Medina