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Making Migration Law

Making Migration Law PDF Author: Eve Lester
Publisher: Cambridge University Press
ISBN: 1316800261
Category : Political Science
Languages : en
Pages :

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Book Description
The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.

Making Migration Law

Making Migration Law PDF Author: Eve Lester
Publisher: Cambridge University Press
ISBN: 1316800261
Category : Political Science
Languages : en
Pages :

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Book Description
The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.

Administrative Decision-Making in Australian Migration Law

Administrative Decision-Making in Australian Migration Law PDF Author: Alan Freckelton
Publisher: ANU Press
ISBN: 1925022579
Category : Law
Languages : en
Pages : 237

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Book Description
The ANU College of Law, Migration Law Program is pleased to introduce a text in administrative decision-making in Australian migration law. Over the past eight years we have assembled a team of some of Australia’s most highly qualified migration agents and migration law specialists to deliver the Graduate Certificate in Australian Migration Law & Practice, and the Master of Laws in Migration Law. Alan Freckelton has worked with the Migration Law Program since 2008. Through personal recollections and a comprehensive analysis of administrative decision-making, he brings his professional expertise and experience in this complex field of law to the fore. The examination of High Court decisions, parliamentary speeches and public opinion bring a contentious area of law and policy to life, enabling the reader to consider the impact that legislation and decision-making has upon the individual and society as a whole.

Making Migration Law

Making Migration Law PDF Author: Eve Lester
Publisher: Cambridge University Press
ISBN: 1316805379
Category : Political Science
Languages : en
Pages : 390

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Book Description
The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.

International Migration Law

International Migration Law PDF Author: Vincent Chetail
Publisher: Oxford University Press
ISBN: 019164546X
Category : Law
Languages : en
Pages : 575

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Book Description
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.

Institutional and Policy Dynamics of Eu Migration Law

Institutional and Policy Dynamics of Eu Migration Law PDF Author: Georgia Papagianni
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152792
Category : Law
Languages : en
Pages : 420

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Book Description
The main objective of this book is to present the on-going process of European integration via a comprehensive analysis of the institutional dynamics of, and politics linked with, the emerging migration law and policy of the European Union. More specifically, it presents the historical evolution, the main institutional legislative and policy steps, the position of, and interactions among, the different actors, and the factors impeding the formation of a common policy at EU level. On this basis a critical analysis is provided of the main institutional problems, the current policy framework, the overarching rationale as well as of the content and quality of the nascent EU migration law. The book is divided into three parts. The first two parts provide a comprehensive study of the institutional framework and the substantive EC/EU law respectively. The third and final part provides a more general analysis of the policy-making process. Since the major achievements in the field of migration are recent, the book focuses to a great extent on the post-Amsterdam era. However, for reasons of coherence and in order to better evaluate recent developments, a concise overview of the origins of this policy is provided. Moreover, special emphasis is placed on the Schengen acquis, since its mark on European affairs has been and remains pronounced. Overall the attempt has been to provide an account, which is up to date with extensive historical references and combines both an academic and practical perspective to the legal and political issues involved. The approach based on the above elements will contribute to a new understanding of the main aspects of EU migration law and its policy ramifications andwill be of use to both academics and practitioners alike.

Essential Texts on European and International Asylum and Migration Law and Policy (2nd revised edition)

Essential Texts on European and International Asylum and Migration Law and Policy (2nd revised edition) PDF Author: Gert Vermeulen
Publisher: Gompel&Svacina
ISBN: 9463711007
Category : Law
Languages : en
Pages : 1494

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Book Description
This volume comprises the relevant legal instruments and principal policy documents in the area of international and European asylum and migration, including the latest versions of pending legislative proposals. The range of issues covered is comprehensive: human rights; nationality and statelessness; equal treatment, non-discrimination, racism and xenophobia; citizenship, residence and free movement; borders, border management and entry; visa and passenger data; labour migration; family reunification; asylum, subsidiary and temporary protection; irregular migration; and trafficking in human beings. The texts have been ordered according to the multilateral co-operation level within which they were drawn up: either the United Nations, the Council of Europe or the European Union (including Schengen-level instruments). This edition provides practitioners, authorities, policy makers, scholars and students throughout Europe with an accurate, up-to-date and forward-looking compilation of essential texts on asylum and migration matters. All texts have been updated until 20 December 2018.

International Migration and Refugee Law. Does Germany's Migration Policy Toward Syrian Refugees Comply?

International Migration and Refugee Law. Does Germany's Migration Policy Toward Syrian Refugees Comply? PDF Author: Jasmin Lilian Diab
Publisher: Anchor Academic Publishing
ISBN: 3960676514
Category : Law
Languages : en
Pages : 135

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Book Description
Germany will spend around $6.6 billion to cope with an estimated 800,000 refugees expected to have entered the country in the year 2016; this reality indeed extending further into 2017. Despite this overwhelming number of people entering the country, Chancellor Angela Merkel stated that there is “no legal limit to the number of asylum seekers Germany will take in in the coming years.” The announcement by Merkel's coalition government arrived following Germany and Austria opening their borders to the large numbers of refugees making their way north and west from the Middle East, Africa and elsewhere. In particular, this statement came after the Syrian refugee crisis created the biggest refugee crisis the world has seen since the Second World War. Germany is seen as the immigration hub of Europe. It also happens to be the second most popular destination for immigrants after the United States of America. Germany is also the country in Europe with the highest numbers of foreign nationals to date. Germany established a new immigration law in 2005 was born out of a realization that it was coming to terms with a demographic crisis stemming from an ageing population and further complimented by a sharp decline national birth rates. In foresight, and within this unfortunate context, migration was seen by much of the German political class as an economic necessity, and the answer to the German economic and demographic time bomb. Between the years 2009 and 2014, annual net migration in Germany rose from 100,000 to 580,000 individuals. Moreover, the inflow of foreign nationals increased from 266,000 to 790,000 individuals. As of January 2015, approximately 10% of residents in Germany were foreign nationals, with around 12% born outside the country. Naturally, these figures have all risen significantly following Merkel’s decision to allow what has reached one million refugees and migrants into Germany across 2016 and moving into 2017. Moving from this reality, the research will focus on the importance of the compliance of Germany’s migration policy with International Refugee and Migration Law, as it is crucial for the country’s survivability and move forward throughout this phase of its history. The importance of the research lies in whether or not Germany’s migration policy towards the Syrian Refugees in particular complies with its duties toward international law embodied in the treaties and conventions it has committed to.

Rights of Migrant Workers: An Analysis of Migration Policies in Contemporary Turkey

Rights of Migrant Workers: An Analysis of Migration Policies in Contemporary Turkey PDF Author: Sureyya Sonmez Efe
Publisher: Transnational Press London
ISBN: 1912997584
Category : Political Science
Languages : en
Pages : 306

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Book Description
This insightful book discusses how policymakers define migrant workers’ status and rights at international and national levels. Assessing the evolution of the language of rights for migrant workers in international law; definition of migrant workers in Turkish legislation; key political and economic factors on Turkish migration policies; protection mechanisms that safeguard migrant workers’ rights, it critically examines the policymaking processes at international, regional and national levels and evaluates the impact of the ‘values’ such as universal or ethnocentric values, on the definitions of status and rights of migrant workers. The chapters evaluate the status and rights of migrant workers through the lens of cosmopolitan moral constructivism and examine the law making procedures and illustrate the dynamism of these processes with the inclusion of various conditions and actors. The book dissects the key universal and national values that impact on rights of migrant workers. This timely book challenges the rising right-wing ethnocentric policy approaches to (labour) migration to migrant workers’ rights, and problematises the existing legal definitions within migration policies that place the rights of migrant workers into a precarious policy sphere. By entering the controversial political debate for labour migration and the policy making realm, this book is ideal for scholars and researchers of political science, international relations and social policy, particularly those focusing on international (labour) migration and migration policies. It will further benefit the policymakers and practitioners working on migration, such as UN agencies, NGOs, civil societies and local authorities.

Migration in European History

Migration in European History PDF Author: Klaus Bade
Publisher: Wiley-Blackwell
ISBN: 9780631189398
Category : History
Languages : en
Pages : 416

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Book Description
Since the fall of the Iron Curtain, migration has become a major cause for concern in many European countries, but migrations to, from and within Europe are nothing new, as Klaus Bade reminds us in this timely history. A history of migration to, from and within Europe over a range of eras, countries and migration types. Examines the driving forces and currents of migration, their effects on the cultures of both migrants and host populations, including migration policies. Focuses on the nineteenth and twentieth centuries, particularly the period from the Second World War to the present. Illuminates concerns about migration in Europe today. Acts as a corrective to the alarmist reactions of host populations in twenty-first century Europe.

The President and Immigration Law

The President and Immigration Law PDF Author: Adam Cox
Publisher: Oxford University Press, USA
ISBN: 019069436X
Category : Law
Languages : en
Pages : 361

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Book Description
When President Barack Obama announced his plans to shield millions of immigrants from deportation, Congress and the commentariat pilloried him for acting unilaterally. When President Donald Trump attempted to ban immigration from six predominantly Muslim counties, a different collection ofcritics attacked the action as tyrannical. Beneath this polarized political resistance lies a widely shared belief: that Congress, not the President, makes our immigration policies, dictating who can come to the United States, and who can stay, in a detailed and comprehensive legislative code.InThe President and Immigration Law, Adam Cox and Cristina Rodriguez shatter the myth that Congress controls immigration policy. Drawing on a wide range of sources-rich historical materials, unique data on immigration enforcement, and insider accounts of our nation's massive immigrationbureaucracy-they tell the story of how the President became our immigration policymaker-in-chief over the course of two centuries. From founding-era debates over the Alien and Sedition Acts to Jimmy Carter's intervention during the Mariel boatlift from Cuba, presidential crisis management has playedan important role in this story. Far more foundational, however, has been the ordinary executive obligation to enforce the law. Over time, the power born of that duty has become the central vehicle for making immigration policy in the United States.A pathbreaking account of the President's relationship to Congress, Cox and Rodriguez's analysis helps us better understand how the United States ended up running an enormous shadow immigration system-one in which nearly half of all noncitizens living in America are here in violation of the law. Italso provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.