Asylum law Books
Manchester University Press Bordering Britain: Law, Race and Empire
Book Synopsis(B)ordering Britain argues that Britain is the spoils of empire, its immigration law is colonial violence and irregular immigration is anti-colonial resistance. In announcing itself as postcolonial through immigration and nationality laws passed in the 60s, 70s and 80s, Britain cut itself off symbolically and physically from its colonies and the Commonwealth, taking with it what it had plundered. This imperial vanishing act cast Britain’s colonial history into the shadows. The British Empire, about which Britons know little, can be remembered fondly as a moment of past glory, as a gift once given to the world. Meanwhile immigration laws are justified on the basis that they keep the undeserving hordes out. In fact, immigration laws are acts of colonial seizure and violence. They obstruct the vast majority of racialised people from accessing colonial wealth amassed in the course of colonial conquest. Regardless of what the law, media and political discourse dictate, people with personal, ancestral or geographical links to colonialism, or those existing under the weight of its legacy of race and racism, have every right to come to Britain and take back what is theirs.Trade Review'(B)ordering Britain is a hugely significant study that undertakes the urgent task of situating controversial topics such as migration and asylum within the larger history of empire and race. Powerfully written and knowledgeable, it brilliantly illuminates the links between colonialism, dispossession, poverty, racism, immigration and law, challenging familiar assumptions and complacent narratives about British imperial history as it does so. El-Enany demonstrates a fluent command of both law and history, at the intersection of which emerge the much-misunderstood and frequently mythologized figures of the "migrant", the "refugee", and the "asylum-seeker." Essential reading for anyone interested in how imperial history shapes the present.Priyamvada Gopal, author of Insurgent Empire: Anticolonial resistance and British dissent'One of our best hopes for intervening in colonialism as an ongoing project is to identify how that project has shaped and continues to shape our world. This book does just that. Through a careful analysis of British immigration law, Nadine El-Enany shows us not only how legal categories are racial categories but also how legacies of the British empire are “felt viscerally across the world.” This book is powerful and necessary, timely and urgent, clear and cogent. Highly recommended to anyone interested in unlearning colonial legacies.'Sara Ahmed, author of What’s the use and Living a feminist life'Shattering the dominant narrative that the British empire is something of the past, (B)ordering Britain tells the uncomfortable truth: colonialism is a condition that is thriving today. El-Enany offers a powerful legal critique of Britain’s immigration laws, which deny colonised subjects land and resources whilst exploiting the few they let in for the nation’s own economic advantage. Bravely speaking in terms of reparation rather than refuge, El-Enany’s book is as much a blueprint for racial justice across the globe as it is a forensic investigation into its racialised infrastructure.'David Lammy MP'Colonialism never really ends. The formerly colonized remain the targets of imperial power long after their lands have been looted. The concentration of wealth in the hands of white elites demands no less. (B)ordering Britain tells the legal story of an unbroken colonization where citizenship itself is the structure created to maintain the racial lines of colonial and capitalist accumulation. Close the gates, slow the exodus from the colonies to a trickle, and keep those who made it in under conditions of precarity: this is the basis of immigration and asylum law. El-Enany fearlessly tracks the imperial line in law from the first immigration and asylum laws to the Windrush Affair and Brexit. A timely and compelling book.' Sherene H. Razack, Distinguished Professor and the Penny Kanner Endowed Chair, the University of California at Los Angeles'This book's meticulous analysis of the racism that underpins UK immigration regimes is a searing indictment of British government policy, past and present. It is a hugely important contribution to understanding the relation between immigration and race, and a must read for students and scholars of migration.'Bridget Anderson, Director of the Bristol Institute on Migration and Mobility Studies and Professor of Migration, Mobilities and Citizenship'El-Enany’s erudite account of the colonial divisions and violence which contemporary immigration laws enact sets a new bar for future research on Britain’s Immigration and nationality laws.'Patricia Tuitt, Legal Academic, patriciatuitt.com, author of Race, Law and Resistance‘A supreme piece of demystification, which takes aim at one of the most prevalent and insidious errors of thought in modern times.’Morning Star'(B)ordering Britain is a bold and meticulous study of how contemporary Britain is the spoils of the empire. The book makes you sit up and take stock of what we may quite naively regard as the bygone empire, to be indeed the driving force of all the riches and wealth in present-day Britain. This is nothing short of a revolutionary stand, because the author retrieves the silences within law and tacit acceptances of colonial discrimination faced by racialized minorities in the UK, in everyday life – at the physical borders where they face scrutiny, or the heavy hand of an ever changing immigration system that fall disproportionately on racialized migrants.'Ethnic and Racial Studies'(B)ordering Britain is a timely and valuable contribution to an impressive line of work on citizenship and immigration law and their relationship with the meaning of British-ness.'Rieko Karatani, Journal of British Studies'The message of this book is that migration and immigration laws need to be understood in the historical context of British and European colonialism.'Sadie Chana, Patterns of Prejudice, 54(5)'The book's historical account of the role of migration law in defining British identity makes a key contribution to the existing literature. In addition, it also explains more recent trends and perspectives on immigration. The book will be most useful for students of law or those involved in immigration law, though policy-makers and the wider public might also benefit from its insights. Overall, El-Enany's argument has one important implication for Britain's future: although the country's postcolonial multicultural identity is not as ordered or justified as we like to think it is, it still presents a worthwhile and exciting goal.'David Lawrence, International Affairs, Volume 98, Issue 6 -- .Table of ContentsPreface Introduction: Britain as the spoils of empire 1 Bordering and ordering 2 Aliens: immigration law’s racial architecture 3 Subjects and citizens: cordoning off colonial spoils 4 Migrants, refugees and asylum seekers: predictable arrivals5 European citizens and third country nationals: Europe’s colonial embraceConclusion: ‘Go home’ as an invitation to stayNotesAcknowledgementsIndex
£15.41
Oxford University Press Immigration Law Handbook
Book SynopsisThe Immigration Law Handbook brings together the key materials relevant to Immigration and Asylum Law in one volume, providing an essential reference tool for those working in the area. Key changes in this edition include updates relating to the UK's withdrawal from the European Union, and changes to the Rules resulting from the COVID-19 pandemic.Table of ContentsStatutes Procedure Rules and Practice Directions Immigration Rules Statutory Instruments European Materials International Materials
£85.00
Oxford University Press Internally Displaced Persons and International
Book SynopsisInternally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy.This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book''s analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual''s real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the aTrade ReviewInternally Displaced Persons and International Refugee Law investigates the protection of internally displaced people in and beyond refugee law. * Silvia Steininger, Helga Molbæk-Steensig, European Journal of International Law *This book interrogates the relationship between international refugee law and the legal regime as it relates to IDPs, exploring synergies but also possible conflicts between the two areas of law. In addition to addressing timely debates, Dr Ní Ghráinne's book is noteworthy for its meticulous research and methodology. Ostensibly a refugee law scholar, Dr Ní Ghráinne is, I suspect, a Public International Law scholar at heart, and she brings an impressive doctrinal knowledge of that broader field to bear on her specialist area. Furthermore, she is alive to what States - and UNHCR - actually do, mindful of the importance of State practice in the formation of customary international law. In short, this book makes a significant contribution to knowledge and scholarship, filling the void in the literature on the precise relationship between international refugee law and the law relating to IDPs. * Dr Ciara Smyth, Irish Centre for Human Rights, University of Galway *This is an excellent book that refreshes a first detailed analysis of the relationship between the protection of Internally Displaced Persons (IDPs) and international refugee law. Dr Brid Ni Ghrainne must be congratulated for her unique scholarly approach... she provides a sophisticated analysis of the legal and normative relationship between IDPs and refugees, of the extent to which an individual's real risk of internal displacement in their country of origin is relevant to the qualification and cessation of refugee status, and whether the availability of IDP protection may entail an alternative to asylum. * Chaloka Beyani, London School of Economics, former UN Special Rapporteur on the human rights of internally displaced persons 2010-2016, and former member of the Expert Advisory Group to the UN Secretary General's High Level Panel on Internal Displacement 2019-2021 *Ever since internal displacement emerged as a significant concern on the international agenda, refugee advocates and proponents of increased protection for internally displaced persons (IDPs) have grappled with the thorny question of the relationship between refugees and IDPs, and whether strengthened efforts in support of IDPs pose a risk to refugee protection. Through clear and compelling legal analysis, Bríd Ní Ghráinne illuminates the implications of international refugee law for those uprooted within their own countries, convincingly demonstrating that the international frameworks developed since the 1990s to protect IDPs do not undermine refugee law. This book is essential reading for anyone concerned about the protection of those forced from their homes, whether they be refugees or internally displaced persons. * Megan Bradley, Associate Professor and William Dawson Scholar, Political Science and International Development Studies, McGill University *While internally displaced persons and refugees often face similar challenges, they differ fundamentally in legal terms. While the latter enjoy international protection, the former remain subject to the jurisdiction of their own government. Bríd Ní Ghráinne's original study of the relationship between refugee law and the evolving legal regime pertaining to IDPs fills an important gap. It is a highly relevant contribution not only to the study of UNHCR's mandate and the interpretation of the 1951 Refugee Convention but also to the still under-researched field of internal displacement. * Walter Kälin, professor emeritus of constitutional and international law, University of Bern, and former Representative of the UN Secretary-General on the human rights of internally displaced persons *This is an exceptional piece of legal scholarship dealing with one of the most important global issues of our time. It presents an incisive and thoughtful critique of the inter-relationship between the emerging law of internal displacement and the more established field of refugee law. It is no small feat to effectively present such a discussion in an accessible manner, yet Dr Ní Ghráinne masterfully achieves this. It is a fascinating, thought-provoking, and highly-recommended read, which speaks not only to law but also to how we define, value and protect human life. * Dr Ben Hudson, Lecturer in Law, University of Exeter *This monograph is an important milestone in the study of internally displaced persons' (IDP) protection. Ní Ghráinne's book brilliantly helps us understand how the legal and institutional framework of IDP protection has developed and interacts with international refugee law, complementary protection, and the internal flight alternative. She convincingly demonstrates that the increase in IDP protection does not, as a matter of law, undermine refugee protection. Given its extremely insightful, thorough, and documented analysis, this monograph will certainly become an indispensable point of reference for anyone following IDP policies and, more generally, international refugee law. * Madalina Moraru, part-time Assistant Professor, Centre for Judicial Cooperation of the European University Institute, Florence, and co-director of the Centre for Migration Studies, Masaryk University, Brno *Table of Contents1: Introduction 2: The Relationship between Internally Displaced Persons and Refugees 3: Legal and Institutional Protection of Internally Displaced Persons 4: Internal Displacement and the Internal Protection Alternative 5: The UN High Commissioner for Refugees' Involvement with Internally Displaced Persons: Undermining International Refugee Law? 6: Article 1D of the 1951 Refugee Convention and Internally Displaced Person 7: Conclusion Bibliography
£99.00
Oxford University Press Inc Let Me Be a Refugee
Book SynopsisWhy do decision-makers in similar liberal democracies interpret the same legal definition in very different ways? International law provides states with a common definition of a ''refugee'' as well as guidelines outlining how asylum claims should be decided. Yet, the processes by which countries determine who should be granted refugee status look strikingly different, even across nations with many political, cultural, geographical, and institutional commonalities. This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations - the United States, Canada, and Australia. Despite similarly high levels of political resistance to accepting asylum seekers across these three states, once asylum seekers cross their borders, they access three very different systems. These differences are significant both in terms of asylum seekers'' experience of the process and in terms of their likelihood of being found to be a refugee. The book moves beyond the Trade ReviewThis book makes an important and original contribution to the scholarly literature, especially the literature on refugees but also the broader literature on the administrative state. It shows how consequential different institutional arrangements and legal/political cultures can be. I know of no other research that has opened up the black box of the state to examine the inner dynamics of the process of refugee determination. Hamlin does so in a way that is persuasive and illuminating. Anyone who works on refugees, whether in political science or law, will want to read this book. * Joseph H. Carens, University of Toronto *Hamlin gives us a highly original account of the politics of asylum-seeking, focusing on constitutional law and administrative practice in the U.S., Canada, and Australia. An excellent piece of scholarship and a timely book, Let Me Be a Refugee will quickly become a classic and a must-read for anyone interested in refugee policy. * James F. Hollifield, Tower Center, SMU *Table of ContentsAcknowledgements ; List of Abbreviations ; Part One ; Chapter I - Let Me Be a Refugee ; Chapter II - Building a Cross-National Comparison of RSD Regimes ; Chapter III - 'Illegal Refugees' and the Rise of Restrictive Asylum Politics ; Part Two ; Chapter IV - Courting Asylum: The Judicialization of Refugee Status Determination in the United States ; Chapter V - The 'Cadillac' Bureaucracy: Refugee Status Determination in Canada ; Chapter VI - The Battle of the 'Bouncing Ball': Refugee Status Determination in Australia ; Part Three ; Chapter VII - Asylum for Women: Reading Gender into the Refugee Definition ; Chapter VIII - Escaping the People's Republic: Chinese Asylum Claims in Three RSD Regimes ; Chapter IX - Complementary Protection in a Complicated World ; Part Four ; Chapter X - Asylum Seeker Blues and the Globalization of Law ; Appendix: List of Interviews ; Bibliography
£38.24
Taylor & Francis Environmental Change Forced Displacement and
Book SynopsisThis 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 Table of Contents1. Introduction; 2. From environmental change to human displacement; 3. Protection Obligations of States under International Human Rights Law and Related Instruments; 4. Status and Protection Obligations of States under International Refugee Law; 5. Consolidating Protection for Environmental Displacement; 6. Conclusion;
£37.99
Taylor & Francis Ltd From Reception to Integration of Asylum Seekers
Book SynopsisThis book sheds light on the complex experiences of asylum seekers and refugees in Poland, against a local backdrop of openly anti-refugee political narratives and strong opposition to sharing the responsibility for, and burden of, asylum seekers arriving in the EU. Through a multidimensional analysis, it highlights the processes of forced migrant admission, reception and integration in a key EU frontier country that has undergone a rapid migration status change from a transit to a host country. The book examines rich qualitative material drawn from interviews conducted with forced migrants with different legal statuses and with experts from public administration at the central and local levels, NGOs, and other institutions involved in migration governance in Poland. It discusses both opportunities for and limitations on forced migrants' adaptation in the social, economic, and political dimensions, as well as their access to healthcare, education, the labour market,Trade Review'The emergence of this book in our intellectual landscape is timely, as we seek to better understand Russia in an era when systematic political, economic, social, and even cultural approaches have failed to explain or predict the current resurrection of the “Soviet Leviathan.” Indeed, perhaps “the devil is hidden in the details,” and by diving yet again into these minute but culturally rich details of Soviet banal routine, spiritual life, and rituals, we can make a step forward in our comprehension of why the dark side of “Soviet civilization” keeps reemerging again and again.'Oksana Ermolaeva, Europe NowTable of Contents1. Introduction 2. Poland’s position on the map of forced mobility in the European context 3. Securitisation of Asylum Seekers and Refugees in Political and Media Discourses 4. The Institutional and Legal Basis of the Asylum System in Poland 5. Experiences in Accessing International Protection in Poland 6. Access of Asylum Seekers and Refugees to Education: the case of Polish Language Learning 7. Access to Housing by Asylum Seekers and Beneficiaries of International Protection 8. Integration of Asylum Seekers and Refugees on the Labour Market in Poland 9. Access to Healthcare by Asylum Seekers and Beneficiaries of International Protection in Poland 10. Until they Become Citizens: Refugees’ Rights, Civic Participation, and Belonging in Poland 11. Conclusions
£35.99
Taylor & Francis Ltd Migrant Protest and Democratic States of
Book SynopsisRecognizing the radical disparity between migration/border policy and constitutional law inside these borders, Kathleen R. Arnold focuses on two main forms of migrant protest to explore the meaning of resistance in a sovereign context: self-harming protest by detainees and faith-based sanctuary of individuals scheduled for detention.This activism creates a democratic state of exception, interrupting the legal process, altering discretionary forms of sovereign power, and enacting rights not formally granted; these efforts go beyond the assertion of liberal rights or merely restoring the rule of law (even if these are also goals), challenging the warfare state while constituting a demos that is formally illegible.Migrant Protest and Democratic States of Exception will be of interest to scholars, migrant advocacy professionals (including INGO and IGO officers), graduate students, and advanced undergraduate students in a variety of fields from legal studies to forceTable of ContentsAcknowledgementsPrefaceIntroduction1 Understanding migration policy as foreign policy2 Self-harming protest3 Faith-based sanctuary: Creating spaces of democratic exception4 Sovereignty and counter-sovereignty: Is democratic sovereignty possible?Conclusion: States of democratic exception: migrant agency and resistance to the warfare stateIndex
£35.14
Taylor & Francis International Migration and the Law
Book SynopsisThis book discusses existing and future trends concerning the development of migratory policies between local and global levels, to understand the challenges and gaps in the protection of migrants. The collection explores international migration and its impact on sovereignty, international cooperation, security, and human rights. In particular, it takes into account the composite framework of international and national rules, and the role of judicial and monitoring bodies in protecting the rights of migrants, with the aim of assessing the state of the art, identifying the gaps, and formulating possible remedies. The work of some international organizations such as the UN and its specialized agencies and the European Union is investigated, together with a set of regional practices such as those of Latin America and South-East Asia, and countries, such as Mexico, Georgia, Tunisia, Italy, and the United States. The issues of the fundamental rights of migrants in the European legal orde
£204.25
Stanford University Press The Arc of Protection: Reforming the
Book SynopsisThe international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.Trade Review"In The Arc of Protection, Alexander Aleinikoff and Leah Zamore take on the refugee crisis, providing recommendations to improve prevention, protection, and solutions. A must read for anyone who is concerned for the safety and future of the almost 70 million people who are displaced worldwide."—Susan F. Martin, Georgetown University"In this highly original book, Alexander Aleinikoff and Leah Zamore offer a fundamental rethinking of the grounds and requirements of international protection for the forcibly displaced. Informed by acute analysis of the historical development of, and contemporary challenges to, the refugee regime, they have written a necessary book; one that demonstrates the centrality of rights, agency and mobility for a 21st century regime of protection."—David Owen, University of Southampton"In this age of impunity, where conflicts last longer and perpetrators run rampant, there is no end in sight to today's displacement crisis. The system set up to support those fleeing conflict is falling behind and new approaches are required. Alex Aleinikoff and Leah Zamore show what needs to be done, and how to do it. This is a great introduction for anyone concerned with the refugee crisis today."—David Miliband, President & CEO of the International Rescue Committee and former British Foreign Secretary"This short book takes a sobering look at today's global refugee crisis and presents an ambitious agenda for action."—G. John Ikenberry, Foreign Affairs"Aleinikoff and Zamore present a concise overview of the international response to forced displacement....their key ideas for the future are thoughtful and explained well. Recommended."—D. P. Forsythe, CHOICE"[An] essential read for scholars, advocates, and students of refugee protection at all levels of knowledge."—Anna R. Oltman, H-Diplo
£11.39
Bloomsbury Publishing PLC Clamouring for Legal Protection: What the Great
Book SynopsisIn this novel approach to law and literature, Robert Barsky delves into the canon of so-called Great Books, and discovers that many beloved characters therein encounter obstacles similar to those faced by contemporary refugees and undocumented persons. The struggles of Odysseus, Moses, Aeneas, Dante, Satan, Dracula and Alice in Wonderland, among many others, provide surprising insights into current discussions about those who have left untenable situations in their home countries in search of legal protection. Law students, lawyers, social scientists, literary scholars and general readers who are interested in learning about international refugee law and immigration regulations in home and host countries will find herein a plethora of details about border crossings, including those undertaken to flee pandemics, civil unrest, racism, intolerance, war, forced marriage, or limited opportunities in their home countries.Trade ReviewClamouring for Legal Protection is a must-read for any current or aspiring attorney. This insightful book demonstrates the crucial need to go beyond the law to be a good lawyer. By conducting an in-depth study of the Great Books, Barsky not only proves the existence of a timeless tradition of seeking refuge and providing asylum, but he also reminds us of the power of literature to evoke empathy and self-actualization. -- Ana Luquerna, The International Court of Justice * Yale Journal on Regulation *Barsky’s book … underscores literature’s power to expose, inform and sensitize and promote empathy, recognition and identification. -- Steven Mintz, University of Texas at Austin * Inside Higher Ed *Barsky brings to the project a rare combination of expertise in world literature and refugee law … Drawing on a truly impressive variety of texts spanning the classical to the contemporary and a collection of images and illustrations in the books he discusses, he provides remarkable insight into central questions about refuge, migration, strangers, and protection. -- Amy Shuman, The Ohio State University * Human Rights Quarterly *A book exploring forced migration in great novels and what it can tell us about contemporary legal processes for refugees is a much-needed addition to the literature. While the field of law and literature is now quite rich, books and articles that explore this relationship in the context of refugees and migrants are rather thin on the ground … Robert Barsky’s book promises to go some way to rectifying this gap. He has a distinguished record as a writer and teacher on the experience of refugeehood, and, as is evident in this book, he has a passion for literature. -- Simon Behrman * International Journal of Refugee Law *Until Barsky’s book there have been few resources to tie the important legal skills of narrative theory and storytelling to the context of immigration law. Clamouring for Legal Protection’s connection of immigration law to literature is unique, insightful, and a much-needed addition toward advancing the Kafkaesque, David-versus-Goliath struggle for immigrant justice. -- Cori Alonso-Yoder * Journal of Legal Education *There is plenty on offer here to delight and surprise readers … Some of the connections that Barsky draws between literary texts and characters are also highly thought-provoking in ways relevant for the migrant and refugee themes … the literary works are themselves typically described in enough detail (and indeed quoted at sufficient length) that even those with no prior knowledge can appreciate their relevance to the point being made. For all the reasons given above, Clamouring for Legal Protection is an enjoyable book and one worth spending time with. -- David Gurnham, University of Southampton * Law and Humanities *Clamouring for Legal Protection provides a humanistic lens through which to view the complex realms of refugee law and border studies. By showing how well-known characters from canonical works face obstacles that resemble those facing contemporary refugees, Barsky is able to create empathy for people who are often denigrated or shunned as ‘outsiders’, rather than welcomed as inspiring contributors to host societies. * Deborah Anker, Clinical Professor of Law and Founder of the Immigration and Refugee Clinical Program, Harvard Law School, USA *Barsky adeptly draws out how the experiences of literary characters we may have known since childhood can help us understand the challenges faced by migrants today … The preface and introductory chapters are well worth reading on their own for Barsky’s discussions of the role of literature, and issues/debates around ‘canons’ and ‘canonisation’ in literature … In reading Barsky’s book I have indeed found myself reflecting anew on stories and characters I thought I knew so well, and have found a new reason to re-engage with literature. -- Natasha Saunders, University of St Andrews * Border Criminologies *With stunning erudition, Barsky follows the trajectory of vulnerable migrants (asylum seekers, temporary migrant workers, undocumented migrants…) and combines the ‘Great Books’ of world literature with contemporary legal tenets to explore the complexity of their predicament, demonstrating that, throughout history, many individuals follow the ancient tradition of hospitality and protect migrants, but, swayed by populist identity politics, many societies blame migrants for their ills, foster hostile environments and show ‘mountainish inhumanity’. * François Crépeau, Professor of Public International Law, McGill University, Canada *Published on the 70th anniversary of the 1951 Convention relating to the Status of Refugees, Clamouring for Legal Protection reminds us that escape from untenable situations and the search for asylum are not only rooted throughout the course of human history but also embedded in the iconic characters and universal themes of the great literary works that reflect our common humanity. * Bill Frelick, Director, Refugee and Migrant Rights Division, Human Rights Watch, USA *Table of ContentsIntroduction: Opening Up the Great Books I. Canons, Great Books and Classics II. ‘Popular’ Culture III. From Cultural Reflection to Legal Protection IV. Why Fiction? What About the Real World? V. From Escapism to Engagement VI. From Empathy to Revelation 1. Spreading Disease, or Inoculating Us from Intolerance? I. Pandemics in Literature and Culture A. The Arc of Disease, Suffering and Death II. The Foreignness of Diseases III. The Rhetoric of Blame A. From Vulnerable to Unwanted and Diseased IV. The Plague V. From Symptoms to Panic VI. Creating Empathy VII. Limbo and the Will to Move Around VIII. From Quarantines to Quarrels to Empathy? IX. Art in the Time of Cholera X. Crossing the Border into Obscenity XI. Predicting Post-Pandemic Politics 2. Following Pathways, Networks and Guides I. The Cessation Clause II. Following Intermediaries in Religious Texts III. Human Smugglers IV. Language Issues and Displacement V. Pursuing the Land of Milk and Honey VI. Divine Intermediaries and Shift s to Immigration Policy VII. Guides from Behind the Veil VIII. Intermediaries to Eden IX. From Freedom Fighter to Refugee X. From Civil War to Hell XI. A Reluctant Follower XII. Fleeing with Loved Ones XIII. The Purposeless Quest XIV. Constantly on the Road XV. The Search for Treasure XVI. The Promised Land 3. Opening Doors and Scaling Walls I. From Protection to Integration II. From Victim to Slave III. Supplicating Before the Gatekeeping King IV. Consulting Constituents on Border Policy V. Opening the Right Doors VI. Doors, Doorways and the People Hidden Behind Them VII. Before the Law VIII. Ill-Advised Strategies for Opening Doors IX. Real-World Gatekeeping X. Rights at the Border XI. Behind Closed Doors XII. Doors Towards Metaphysical Voyages 4. Confronting Inhospitable Spaces and Hostile Hosts I. Storms, Floods and the Purging of Unwanted Civilisations II. The Romantic Refugee III. Mary and Percy Shelley: Feminist and Atheist IV. Refugees in a Time of Climate Change A. Mary Shelley, Victor Frankenstein and His Monster: Climate Refugees B. Percy Shelley’s Perspective on Climate and Geomorphology C. Lord Byron: Catastrophism, Climate Change and Ensuing Darkness V. From Creation of the Earth to Apocalypse VI. Being Misled into the Wrong Paradise VII. Finding Revelation Instead of Refuge VIII. From Persecution to Punishment IX. Chance Encounters X. Finding Hell XI. Transformation into Darkness 5. Encounters with Aliens, Monsters and Terrorists I. Monsters in the Great Tradition II. Insidious Monsters in the (Real) World III. First Encounters IV. The Monstrous Unfamiliar V. A Refugee Amongst Refugees VI. Confronting Your Neighbour: The Monster VII. Identifying the Monsters, then Living with Them Conclusion: From Persecution to Wonderland
£35.14
Manchester University Press Bordering Britain: Law, Race and Empire
Book Synopsis(B)ordering Britain argues that Britain is the spoils of empire, its immigration law is colonial violence and irregular immigration is anti-colonial resistance. In announcing itself as postcolonial through immigration and nationality laws passed in the 60s, 70s and 80s, Britain cut itself off symbolically and physically from its colonies and the Commonwealth, taking with it what it had plundered. This imperial vanishing act cast Britain’s colonial history into the shadows. The British Empire, about which Britons know little, can be remembered fondly as a moment of past glory, as a gift once given to the world. Meanwhile immigration laws are justified on the basis that they keep the undeserving hordes out. In fact, immigration laws are acts of colonial seizure and violence. They obstruct the vast majority of racialised people from accessing colonial wealth amassed in the course of colonial conquest. Regardless of what the law, media and political discourse dictate, people with personal, ancestral or geographical links to colonialism, or those existing under the weight of its legacy of race and racism, have every right to come to Britain and take back what is theirs.Trade Review'(B)ordering Britain is a hugely significant study that undertakes the urgent task of situating controversial topics such as migration and asylum within the larger history of empire and race. Powerfully written and knowledgeable, it brilliantly illuminates the links between colonialism, dispossession, poverty, racism, immigration and law, challenging familiar assumptions and complacent narratives about British imperial history as it does so. El-Enany demonstrates a fluent command of both law and history, at the intersection of which emerge the much-misunderstood and frequently mythologized figures of the "migrant", the "refugee", and the "asylum-seeker." Essential reading for anyone interested in how imperial history shapes the present.Priyamvada Gopal, author of Insurgent Empire: Anticolonial resistance and British dissent'One of our best hopes for intervening in colonialism as an ongoing project is to identify how that project has shaped and continues to shape our world. This book does just that. Through a careful analysis of British immigration law, Nadine El-Enany shows us not only how legal categories are racial categories but also how legacies of the British empire are “felt viscerally across the world.” This book is powerful and necessary, timely and urgent, clear and cogent. Highly recommended to anyone interested in unlearning colonial legacies.'Sara Ahmed, author of What’s the use and Living a feminist life'Shattering the dominant narrative that the British empire is something of the past, (B)ordering Britain tells the uncomfortable truth: colonialism is a condition that is thriving today. El-Enany offers a powerful legal critique of Britain’s immigration laws, which deny colonised subjects land and resources whilst exploiting the few they let in for the nation’s own economic advantage. Bravely speaking in terms of reparation rather than refuge, El-Enany’s book is as much a blueprint for racial justice across the globe as it is a forensic investigation into its racialised infrastructure.'David Lammy MP'Colonialism never really ends. The formerly colonized remain the targets of imperial power long after their lands have been looted. The concentration of wealth in the hands of white elites demands no less. (B)ordering Britain tells the legal story of an unbroken colonization where citizenship itself is the structure created to maintain the racial lines of colonial and capitalist accumulation. Close the gates, slow the exodus from the colonies to a trickle, and keep those who made it in under conditions of precarity: this is the basis of immigration and asylum law. El-Enany fearlessly tracks the imperial line in law from the first immigration and asylum laws to the Windrush Affair and Brexit. A timely and compelling book.' Sherene H. Razack, Distinguished Professor and the Penny Kanner Endowed Chair, the University of California at Los Angeles'This book's meticulous analysis of the racism that underpins UK immigration regimes is a searing indictment of British government policy, past and present. It is a hugely important contribution to understanding the relation between immigration and race, and a must read for students and scholars of migration.'Bridget Anderson, Director of the Bristol Institute on Migration and Mobility Studies and Professor of Migration, Mobilities and Citizenship'El-Enany’s erudite account of the colonial divisions and violence which contemporary immigration laws enact sets a new bar for future research on Britain’s Immigration and nationality laws.'Patricia Tuitt, Legal Academic, patriciatuitt.com, author of Race, Law and Resistance‘A supreme piece of demystification, which takes aim at one of the most prevalent and insidious errors of thought in modern times.’Morning Star'(B)ordering Britain is a bold and meticulous study of how contemporary Britain is the spoils of the empire. The book makes you sit up and take stock of what we may quite naively regard as the bygone empire, to be indeed the driving force of all the riches and wealth in present-day Britain. This is nothing short of a revolutionary stand, because the author retrieves the silences within law and tacit acceptances of colonial discrimination faced by racialized minorities in the UK, in everyday life – at the physical borders where they face scrutiny, or the heavy hand of an ever changing immigration system that fall disproportionately on racialized migrants.'Ethnic and Racial Studies'(B)ordering Britain is a timely and valuable contribution to an impressive line of work on citizenship and immigration law and their relationship with the meaning of British-ness.'Rieko Karatani, Journal of British Studies'The message of this book is that migration and immigration laws need to be understood in the historical context of British and European colonialism.'Sadie Chana, Patterns of Prejudice, 54(5)'The book's historical account of the role of migration law in defining British identity makes a key contribution to the existing literature. In addition, it also explains more recent trends and perspectives on immigration. The book will be most useful for students of law or those involved in immigration law, though policy-makers and the wider public might also benefit from its insights. Overall, El-Enany's argument has one important implication for Britain's future: although the country's postcolonial multicultural identity is not as ordered or justified as we like to think it is, it still presents a worthwhile and exciting goal.'David Lawrence, International Affairs, Volume 98, Issue 6 -- .Table of ContentsPreface Introduction: Britain as the spoils of empire 1 Bordering and ordering 2 Aliens: immigration law’s racial architecture 3 Subjects and citizens: cordoning off colonial spoils 4 Migrants, refugees and asylum seekers: predictable arrivals5 European citizens and third country nationals: Europe’s colonial embraceConclusion: ‘Go home’ as an invitation to stayNotesAcknowledgementsIndex
£19.00
Lexington Books Benched Justice: How Judges Decide Asylum Claims
Book SynopsisThis book delves into the complex and often politicized world of asylum claims and asylum rights of children seeking sanctuary in the United States. This eye-opening book asks two vital questions: do immigration judges base their asylum decisions on more than just the law, and how have federal courts responded to executive policies and programs that significantly affect the rights of these minors? With over 12,000 immigration court decisions and 200 federal court cases as its backbone, this book uncovers how both legal and political factors shape the fate of children seeking asylum. The findings reveal that while political factors do influence the decision-making process, courts still strive to protect the legal rights of unaccompanied minors, pushing back against some of the more harmful and legally dubious immigration policies pursued by various Presidential administration This book is a must-read for anyone seeking to understand the intricacies of asylum claims and asylum rights of unaccompanied minors in the United States.Table of ContentsContentsList of AbbreviationsIntroductionChapter 1: Legal Background of U.S. Asylum Proceedings Involving Unaccompanied Alien ChildrenPart IChapter 2: Judicial Decision Making at the Macro-Level: How do Immigration Judges Decide?Chapter 3: Judicial Decision Making at The Macro-Level: How Does the Board of Immigration Appeals Decide?Part IIChapter 4: Judicial Decision Making at the Micro-Level: Federal Courts’ Decision Making on Procedural Rights and Procedural Due Process of Unaccompanied Minors in the U.S.Chapter 5: Judicial Decision Making at the Micro-Level: Federal Court Decisions on Substantive Law and RightsConclusionBibliographyAbout the Authors
£69.30
NewSouth Publishing Refugee Rights and Policy Wrongs: A frank,
Book SynopsisEveryone has the right to seek asylum under international law, but public discourse in Australia about refugees is dominated by scare-mongering and political point-scoring. The government seeks to ‘stop the boats’ whatever the cost, be it human, economic, moral or legal.In this new book, Jane McAdam and Fiona Chong find that Australia’s policies towards refugees have hardened since their previous bestselling book was published five years ago. Now, Refugee Rights and Policy Wrongs provides a wholly updated account of Australian refugee law and policy.Clearly and carefully, they explain who a refugee is, what rights refugees have under international law, and whether Australia’s policies on offshore processing, detention, boat turnbacks and so on violate Australia’s obligations under international law. The book also outlines what a human rights-based protection framework might look like and how Australia could show greater global leadership on refugee issues, so as to expand the protection space available to refugees in the Asia-Pacific region. McAdam and Chong trace the ways in which draconian domestic laws enacted over recent years blatantly contravene international law –obligations that Australia has voluntarily signed up to. People seeking asylum, especially those held indefinitely on Manus Island and Nauru, have been broken as a result. The crucial information and depth of understanding this book offers has never been more urgent.Key focal points: Refugee Rights and Policy Wrongs is the most current book on the topic, and includes the so-called medevac legislation that became law on 1 March 2019. Includes full discussion of more recent developments such as Operation Sovereign Borders, with its focus on boat turnbacks, which are shrouded in secrecy. Covers the issue of whether refugees can bring their cases to Australian courts under the provisions of international law.
£17.06
Edward Elgar Publishing Ltd Research Handbook on EU Migration and Asylum Law
Book SynopsisThis important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.Featuring contributions from key legal specialists in EU migration and asylum law, chapters in this Research Handbook consider a variety of issues including, but not limited to, the role of the institutional framework, visas, borders, family and labour migration, refugee protection, mobility, solidarity, and externalisation. It also offers an examination of the effect of the migration ‘crisis’ on EU asylum and migration law and the potential legal changes this may cause, as well as a survey of the developments of the New Pact on Migration and Asylum presented by the European Commission in 2020.Topical and comprehensive, the Research Handbook on EU Migration and Asylum Law is a must read for students and academics interested in EU law, human rights, migration, and refugee law and politics. Its insights will also help to inform the work of practitioners and policy makers, and other experts in the areas of migration, asylum, EU law, and EU integration.Trade Review‘Within Europe as elsewhere, the issues of asylum and migration are deeply fraught, sparking contestations around identity, sovereignty, security, rights, soli-darity, and responsibility. The Research Handbook on EU Migration and Asylum Law is a valuable resource for readers seeking a comprehensive examination of the legal landscape informing these themes. The edited volume presents a rich set of reflections on the current legal complexities impacting the movement of people across borders in and around the European Union.’ -- Catherine L. Crooke, Ethnic and Racial Studies Review‘Migration and asylum law is now firmly established as one of the core areas of European Union law. In this volume, Tsourdi and De Bruycker have brought together all the leading experts in the field and have asked them to explore the subjects they know best. The volume as a whole offers a remarkably thorough and stimulating panorama of the field.’ -- Bruno de Witte, Maastricht University, the Netherlands‘A gold mine. Such is this book. Under the supervision of Prof. Evangelia (Lilian) Tsourdi and Prof. Philippe De Bruycker, this Research Handbook on EU Migration and Asylum Law brings together the best scholars of Migration and Free movement in European Law. With 22 thematic chapters, preceded by a general chapter presenting “The Evolving EU Migration and Asylum Law”, it provides a comprehensive overview of current and future issues in European migration law and policy.’ -- Jean-Yves Carlier, UCLouvain, Belgium'This Research Handbook, by a group of prominent legal scholars, affords a cutting-edge and sophisticated analysis of EU migration and asylum law. The individual contributions are framed by an elegant introductory chapter, which traces the historical evolution of migration and asylum law, maps out the legislative, administrative, and external aspects of the law, and sketches future prospects. This volume is essential reading for anyone seeking to understand today’s highly charged policy and legal debates on migration and asylum in the EU.' -- Francesca Bignami, The George Washington University, US‘This Handbook provides an impressively comprehensive analysis of the EU’s approach to migration, displacement and mobility. Featuring contributions from senior and emerging scholars alike, it is a must-read book for anyone keen to understand the historical and contemporary intricacies of this complex area of law and policy.’ -- Jane McAdam, University of New South Wales, AustraliaTable of ContentsContents: 1 The evolving EU asylum and migration law 1 Evangelia (Lilian) Tsourdi and Philippe De Bruycker PART I CROSS-CUTTING THEMES 2 Institutional and constitutional framework 57 Daniel Thym 3 Effective judicial protection of migrants and refugees? The role of Europe’s supranational courts in protecting and generating rights 79 Minos Mouzourakis and Cathryn Costello 4 Freedom of movement of EU citizens and mobility rights of third-country nationals: where EU free movement and migration policies intersect or disconnect? 98 Iris Goldner Lang 5 Digitalising the EU migration and asylum policy: a case study on information systems 114 Niovi Vavoula PART II ASYLUM 6 International refugee law and EU asylum law: accordance and influence 141 Paul McDonough and Tamara Tubakovic 7 Qualifying for international protection in the EU 168 Boldizsár Nagy 8 Asylum decision‑making, gender and sexuality 194 Thomas Spijkerboer 9 Reception conditions for asylum seekers: inherent duality 204 Lieneke Slingenberg 10 Vulnerable persons in EU asylum legislation: central feature or necessity on the outskirts? 225 Lyra Jakuleviciene 11 Asylum procedures: seeking coherence within disparate standards 243 Jens Vedsted-Hansen 12 Responsibility allocation in the Common European Asylum System 263 Francesco Maiani 13 The informalisation of the external dimension of EU asylum policy: the hard implications of soft law 282 Violeta Moreno-Lax PART III LEGAL MIGRATION 14 Directive 2003/86 on the Right to Family Reunification: a surprising anchor in a sensitive field 306 Kees Groenendijk and Tineke Strik 15 Migration for labour purposes: the EU’s piecemeal approach 328 Steve Peers 16 Non-discrimination and the challenge of integration 343 Moritz Jesse 17 The external dimension of the EU migration policy: the legal framing of building partnerships with third countries 366 Paula García Andrade PART IV THE FIGHT AGAINST IRREGULAR MIGRATION 18 The EU visa policy: to deter and to facilitate 391 Elspeth Guild and Maja Grundler 19 The management of the European Union’s external borders 408 Melanie Fink and Jorrit J. Rijpma 20 EU Return Directive: a cause for shame or an unexpectedly protective framework? 436 Madalina Moraru 21 Criminalisation, containment and courts: a call for cross-fertilisation between the social sciences and legal-doctrinal research into immigration detention in Europe 456 Galina Cornelisse 22 Victimmigration: when smuggling becomes trafficking 472 Conny Rijken 23 EU readmission policy: a (shapeshifter) technical toolkit or challenge to rights compliance? 487 Tamás Molnár Index
£222.30
Edward Elgar Publishing Ltd Research Handbook on the Law and Politics of
Book SynopsisAs the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the global political agenda.The Research Handbook demonstrates that the overlap between law and politics puts the rule of law at risk in matters of migration as advocates around the globe increasingly turn to law to address the challenges of new migration politics. Presenting a fresh mapping of current issues in the field, it focusses on institutions of migration and analyses the securitization of migration management and the strengths and weaknesses of the Global Compact for Safe, Orderly and Regular Migration.Written by leading scholars specialising in a range of disciplines, the Research Handbook on the Law and Politics of Migration will be an illuminating read for academics and students of migration studies with backgrounds in law, politics, criminology, sociology, history, geography and beyond.Trade Review'This Research Handbook is both timely and timeless - offering penetrating insight into contemporary developments in subjects as diverse as technology and migration, or the impact of the COVID-19 pandemic, while also offering fresh insights into persistent normative and conceptual debates in the field. It is bound to become a field-defining collection.' -- Audrey Macklin, University of Toronto, Canada'Dauvergne's elegant volume is a tour de force of the inseparability of migration law and politics. The weaknesses of existing migration frameworks are exposed at a time when the human desire to move has never been so universally shared nor so comprehensively thwarted. From impenetrable webs of repulsion and management to medico-legal borders in the time of a pandemic, this Research Handbook pushes us to question what the migration frameworks of tomorrow need to look like and all of the legal, political and institutional challenges they will bring. Brava.' -- Sharon Pickering, Monash University, Australia'This Research Handbook is a must-have for anyone seeking to truly understand the relationship between law, politics, and migration. It represents a unique collaboration among an interdisciplinary, transnational collection of pre-eminent scholars who apply their expertise to the most significant migration questions of the modern world. Its contribution lies in illuminating how migration issues have moved from the borders of our society to the center of law and politics on a scale that is at once global, intensely local, and ultimately personal.' -- Juliet Stumpf, Lewis and Clark Law School, USTable of ContentsContents: 1 Introduction to the Research Handbook on the Law and Politics of Migration : law, politics, and the spaces between 1 Catherine Dauvergne PART I FRAMING THE LAW AND POLITICS OF MIGRATION 2 The politics of migration law: interests, ideas, and institutions 8 Irene Bloemraad 3 Unsettling migration studies: indigeneity and immigration in settler colonial states 21 Antje Ellermann and Ben O’Heran 4 Migration politics at the meso-level 35 Erin Aeran Chung 5 The problem of boundaries: the constitution and the meaning of citizenship 47 Asha Kaushal 6 The trilemma of Canadian migrant worker policy: facilitating employer access while protecting the Canadian labour market and addressing migrant worker exploitation 63 Sarah Marsden, Eric Tucker, and Leah F. Vosko PART II INSTITUTIONS AND THEIR EVOLUTION 7 Immigration enforcement: why does it matter who is in charge? 83 Karine Côté-Boucher and Mireille Paquet 8 On public sanctuary: exploring the nature of refuge in precarious times 96 Laura Madokoro 9 The shift towards increased citizen-driven migration in Canada 110 Shauna Labman and Sarah Zell 10 Closing the gap: official statistics on the migration on unaccompanied migrant children across the Mediterranean 125 Luna Vives and Kira Williams 11 Big tech and migration management 141 Rebecca Hamlin 12 The power of politics: exploring the true potential of community sponsorship programmes 155 Jennifer Bond PART III THE POLITICS OF COURTS 13 The geopolitics of knowledge production in international migration law 172 Thomas Spijkerboer 14 The West and the Muslim refugee: legitimacy, legality and loss 188 Satvinder S. Juss 15 Populism and the failure to acknowledge the human rights of migrants 202 Donald Galloway 16 Manufacturing foreigners: the law and politics of transforming citizens into migrants 217 Michelle Foster and Jade Roberts PART IV EXAMINING THE SHARP END OF STATE POWER 17 Immigration detention and the production of race in the UK 235 Mary Bosworth 18 Fast-track, accelerated, and expedited asylum procedures as a tool of exclusion 246 Daniel Ghezelbash 19 Immigration detention in the age of COVID-19 260 Efrat Arbel and Molly Joeck 20 Protection, crime, and punishment: regulation at the nexus of crimmigration and refugee law 277 Anthea Vogl 21 Privacy rights at the Canadian border: judicial assumptions and the limits of the Charter 291 Benjamin Goold PART V THE CHALLENGE OF INTERNATIONAL GOVERNANCE 22 Re-defining the international refugee regime: UNHCR, UNRWA, and the challenge of multigenerational protracted refugee situations 308 Yasmeen Abu-Laban 23 Knowledge controversies of global migration governance: understanding the controversy surrounding the Global Compact 321 Scott D. Watson and Corey Robinson 24 The Global Compact for Migration as social theodicy 338 Colin Grey 25 Why the Sustainable Development Goals? Examining international cooperation on migration 353 Elspeth Guild 26 Global migration governance and migrant rights advocacy: the flexibilization of multi-stakeholder negotiations 367 Jenna Hennebry and Nicola Piper Index
£187.15
Edward Elgar Publishing Ltd The Interplay between the EU's Return Acquis and
Book SynopsisThis insightful book thoroughly examines how the EU's return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.Set against the background of the classic doctrine on the 'autonomy of EU law' and the EU's objective to 'develop international law', Tamás Molnár depicts a legally sound and elaborate picture of the EU’s return acquis vis-à-vis international law, both internally and externally. From the perspective of the EU legal order, it offers important insights into this field from both a constitutional perspective and from the point of view of the substantive area of migration law. Chapters provide in-depth analysis of the EU's return-related legislative developments reflecting international law and the expanding return-related jurisprudence of the EU Court of Justice.Bridging the gap between EU and international law, which both have unique characteristics and are often studied in different spheres, this book will appeal to academics and practising lawyers dealing with the expulsion of migrants in irregular situations. It will also be a useful read for law scholars, practitioners and postgraduate students who wish to further their understanding of the interactions between these two legal orders.Trade Review‘Overall, the volume’s most remarkable contribution is the examination of the theoretical foundations of EU legal order vis-à-vis international law from a migration law perspective, one that has been so far largely disregarded. Molnár provides a very comprehensive and detailed overview of the interactions between EU and international law in this field; in doing so he has also illuminated the topic of migration and expulsion of irregular migrants, drawing attention to the field beyond its immediate sector and attempting to draw conclusions that contribute to a more comprehensive debate on general principles of EU law.’ -- Eleonora Celoria, Common Market Law Review‘By exploring the question of return from the perspective of a multifaceted relationship between EU and international law, the book proves to be a unique contribution to the existing literature in the field. It enriches the literature devoted to both the EU and international legal orders. This book is timely and relevant as the negotiations on the recast Return Directive are ongoing and an overriding objective of the EU’s new Pact on Migration and Asylum19 is to increase the number of returns.’ -- Izabella Majcher, Hungarian Yearbook of International Law and European Law‘Molnár’s book brilliantly helps us understand how the EU has been and will be able to influence the international law making in the field of migration and human rights.’ -- Andrea Maria Pelliconi, City Law Forum'This book is not only an extremely interesting one on the return of irregular migrants that is a must read for migration specialists, but it is also an excellent essay about the complex subject of the autonomy of EU law and its relations with international law to recommend to all EU lawyers.' -- Philippe de Bruycker, Université Libre de Bruxelles, Belgium'This book is a must read for anyone interested in the intersection of EU and international law in the area of migration and specifically expulsion (known as ''return'' in EU parlance). The book is both authoritative and profound in its examination of the relative weakness of the EU's incorporation of international standards in this area as opposed to more generally. The arguments are exceptionally well developed and supported.' -- Elspeth Guild, Queen Mary University of London, UK'In times when return and readmission policies shape public and policy discourse in the area of migration management both within the EU but also internationally, this book could not be more timely. It is an important milestone in the study of the EU and international law relating to return of irregular migrants, masterfully elucidating not only the interaction between the two legal regimes but also the way the EU can exercise its normative power in this important domain.' -- Sergo Mananashvili, Senior Advisor, Migration Dialogues and Cooperation, ICMPD‘Analysing interactions between EU and international law in the specific field related to return of migrants, this book reveals intriguing dynamics. As a unique contribution to legal scholarship, it explores how the EU Return Directive has been inspired by international law, whereas CJEU case law has prioritized autonomy of EU law. Yet, attempting to shape international law, the EU engaged with UN and regional standard-setting processes on returns. Dr Molnár convincingly demonstrates that the EU seeks to influence international law from which it claims autonomy and which the Union is constitutionally committed to respect.’ -- Izabella Majcher, European Council on Refugees and ExilesTable of ContentsContents: Preface 1. Introduction to The Interplay between the EU’s Return Acquis and International Law 2. ‘Fifty shades’ of separateness of EU law from international law: the autonomy and openness of the EU legal order 3. The influence of international migration law and human rights law on the EU return acquis 4. From EU law towards international law: the EU’s role in shaping the international legal order 5. The impact of the EU return acquis on the international law regimes governing the ‘expulsion of aliens’ 6. General conclusions: assessing the landscape Bibliography Index
£95.00
Intersentia Ltd Refugees from Armed Conflict: The 1951 Refugee
Book SynopsisArmed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognised as refugees under the 1951 Refugee Convention. They are frequently considered as having fled from generalised violence rather than from persecution.This book determines the international meaning of the refugee definition in Article 1A(2) of the 1951 Refugee Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights-based interpretation of the refugee definition is widely accepted, the interpretation and application of the 1951 Refugee Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Refugee Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to race, religion, nationality, membership of a particular social group or political opinion.Refugees from Armed Conflict is of interest to academics and practitioners in international refugee and human rights law.'Anyone who is interested in the present refugee debate, should at some point take up Holzer's book [...].' (ZAR, 2016, 5-6, p. 186)
£68.40
Springer International Publishing AG Political Asylum Deceptions: The Culture of
Book SynopsisThis book explores the legitimacy of political asylum applications in the US and UK through an examination of the varieties of evidence, narratives, and documentation with which they are assessed. Credibility is the central issue in determining the legitimacy of political asylum seekers, but the line between truth and lies is often elusive, partly because desperate people often have to use deception to escape persecution. The vetting process has become infused with a climate of suspicion that not only assesses the credibility of an applicant’s story and differentiates between the economic migrant and the person fleeing persecution, but also attempts to determine whether an applicant represents a future threat to the receiving country. This innovative text approaches the problem of deception from several angles, including increased demand for evidence, uses of new technologies to examine applicants’ narratives, assessments of forged documents, attempts to differentiate between victims and persecutors, and ways that cultural misunderstandings can compromise the process. Essential reading for researchers and students of Political Science, International Studies, Refugee and Migration Studies, Human Rights, Anthropology, Sociology, Law, Public Policy, and Narrative Studies.Table of ContentsIntroduction.- SECTION ONE: Asylum Fraud.Chapter 1: Asylum Fraud.- SECTION TWO: Evidence: What Counts as Evidence?Chapter 2: Narratives.Chapter 3: Documentary Evidence.Chapter 4: Science and Technology as Determinants of Credibility.SECTION THREE: Misunderstandings and Suspicion.Chapter 5: Your Bribery is My Networking: Understanding the Meaning of Exchange in Asylum Claims.Chapter 6: New forms of Evidence: Membership in a Particular Social Group.SECTION FOUR: Victim or Perpetrator.Chapter 7: A Case Study: from Perpetrator to Victim to Perpetrator.Chapter 8: Victim or Perpetrator?.- Conclusion.
£28.49
Bohlau Verlag Moria. System. Zeugen: Fluchtlinge, Einheimische
Book SynopsisA year after the fire disaster in Moria, the topic has largely disappeared from the public debate - the problems on the ground, however, remain unsolved and in some cases have even worsened. A political and legal reappraisal has not yet taken place. Martin Gerner takes us to the crime scene with this book. He looks behind the stereotypes and prejudices that shape our image of Lesbos, discovers and documents - in haunting photographs and encounters - the life of the people in the camp and that of the locals, always in dialogue at eye level. One thing is clear: the Moria case is not over. Rather, the image of a political and humanitarian failure at local, national and European level is intensifying, which occurred in the fire of 8./9. September 2020 culminated. How could this happen? How did the Moria system work? The author listens attentively to his protagonist: children and adults, with different stories of origin, experiences of escape and violence and their hopes and plans for an uncertain future. But the residents of Lesbos and helpers also have their say. The comparison of the different perspectives opens doors to an understanding of the various tensions. Photographs and stories testify to the cultural confusion between the actors on the spot, but also to rapprochement and possible ways out of the shock of European asylum policy. The author shows how a collective memory of the Moria case can develop that combines warning with hope.
£31.56
Nomos Verlagsgesellschaft Aufenthalts-, Asyl- Und Fluchtlingsrecht:
Book Synopsis
£87.75
Nomos Verlagsgesellschaft Gruppenverfolgung Im Asyl- Und Fluchtlingsrecht:
Book Synopsis
£72.80
