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This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights and gross affronts to human dignity, that lead to mass forced migration.
Mainly looking at patterns of internal mobility such as `traditional¿ or strategic mobilities and mobilities enforced by crisis, conflict or governmental programmes and regimes, this book aims to go beyond currently predominant issues of transnational migration.
This book contains contributions from scholars in the fields of law, social sciences, the sciences, and the liberal arts, brought together to delineate the features of the migration phenomena that will accompany us over the coming decades.
This book examines the politics of making and unmaking refugees at various scales by probing the contradictions between the principles of international statecraft, which focus on the national/state level approach in regulating global forced displacement, and the forces that defy this state-based approach.
'Combatting' irregular migration is one of the key challenges to migration management at EU level. The present book addresses one of the most pressing structural problems regarding the EU's return policy: the low return rate of irregularly staying migrants. In this regard the EU Return Directive obliges Member States to issue a return decision, yet only 40% of such decisions are enforced annually. Moreover, despite the political and legal efforts, the EU is not making any significant progress in enforcing the rules it has laid down in the Return Directive. The legislation of EU Member States may, however, serve as a source for possible solutions to 'combat' the problem of irregularly staying migrants. It is for this reason that the book compares the system of regularisations in Austria, Germany and Spain. Regularisations constitute an effective alternative to returns because they terminate the irregular residence of migrants, not through deportation, but rather by granting a right of residence. Regularisation is therefore understood as each legal decision that awards legal residency to irregularly staying migrants. As is shown by the examination and comparison of regularisations in Austria, Germany and Spain, differentiated systems of regularisation exist at national level. However, EU regularisations supplementing the present return policy would be more effective at 'combatting' irregular migration at EU level.
This book addresses historical issues of colonialism and race, which influenced the formation of multicultural society in Mauritius. It presents a legal analysis of core historical events, drawing on an in-depth examination of the two labour systems through which the island came to be populated: slavery and indentured labour.
This book elucidates the international and EU legal framework for refugee resettlement to the European Union. Firstly, it provides clarity on the concept of resettlement. Secondly, it identifies the international legal obligations of states applicable to resettlement, and thirdly, it sets out the relevant EU legal bases of competence and limits to the exercise of competence. Finally, the legal dogmatic analysis, as well as a comparison with resettlement practices in the United States, serve as foundation for recommendations for a future EU legal framework.
This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America.
Who are the perpetrators of modern slavery? Why do they exploit others and what might be done to stop that exploitation? Reporting on the first primary study of modern slavery offenders, the book depicts the findings of in-depth interviews with people accused of, and convicted for, committing modern slavery offences
This book focuses on border deaths at sea and unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory. It questions whether this is also accompanied with an obligation to respect the right to life under the ECHR when doing so.
Academic Paper from the year 2018 in the subject Law - European and International Law, Intellectual Properties, University of Malta, course: M.A. European Politics, Economics and Law, language: English, abstract: The present work takes a closer look at the rare case of exclusion in asylum law. This article will analyse into detail which crimes and acts are taken in consideration. First, it will give an introduction of the legal framework of exclusion. In the second part it will analyse in depth the steps of the exclusion assessment, referring to experts such as EASO and the UNHCR. The article will conclude with a summary of the findings.Exclusion is a rare circumstance in the asylum procedure. The criteria to establish inclusion exactly like exclusion are set out in the Convention Relating to the Status of Refugees, from now on 1951 Refugee Convention. An asylum seeker who applied for international protection will go through an assessment done by an authority establishing whether he or she is entitled for international protection. If the person is entitled to protection according to the refugee definition stated in the 1951 Refugee Convention the person will be included. Being included means that the person needs protection because he or she has been forced to flee his or her country because of persecution, a refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. Being included is also a prerogative for exclusion, a person cannot be excluded if he or she is first not included. The principle of exclusion is that the person who applied for asylum does not deserve protection. The aim of the 1951 Refugee Convention is to protect potential victims, not to protest criminals, therefore it does not have to be misused.The reason for not deserving protection can be mainly three. The first case is when the person is already beneficiary of protection, because he or she receives assistance from organs or agencies of the United Nations. The second scenario is when the person is recognised by the competent authorities of the country in which he or she has taken residence as having the same rights and obligations of the citizen in possession of the nationality of that country. The third and maybe most controversial scenario is when the person claiming asylum is responsible of a crime or an act so serious that the person is not considered to deserve protection.
Unaccompanied child asylum seekers are amongst the world¿s most vulnerable populations and their numbers are increasing. This book reconceptualises the relationship between unaccompanied child asylum seekers and states.
This book examines how the European Convention of Human Rights system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change, focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration.
The EU has become a powerful player in the area of migration. As a result, European migration policies increasingly conflict with the EU's commitment to respect Human Rights. The book identifies the most pressing challenges, outlines the relevant legal standards, and provides recommendations for reform. Core issues are asylum seekers' access to protection in the EU, personal liberty and free movement of migrants, safeguarding the rule of law in immigration proceedings, the prohibition of discrimination on any ground, including immigration status, respecting the social and family ties of migrants, guaranteeing minimum social rights for irregular migrants, and the public and private infrastructure necessary for defending the Human Rights of migrants.
Der Kampf gegen den internationalen Terrorismus ist seit über fünfzehn Jahren ein zentraler Fokus der europäischen Sicherheitspolitik. Dabei stellt sich jedoch die Frage, ob die Vielzahl an Sicherheitsmaßnahmen und -gesetzen, die auf verschiedenen politischen Ebenen verabschiedet wurden, den Standards der Effektivität und Verhältnismäßigkeit gerecht werden. Dieser Band bietet eine entsprechende kritische Bestandsaufnahme. Raphael Bossong gibt einen Überblick zu den strategischen Trends der EU-Antiterrorismuspolitik seit 2015, während Oldrich Bures die europäischen Maßnahmen zur Kontrolle sog. ausländischer Kämpfer evaluiert. Martin Kahl entwickelt eine grundsätzliche Kritik der Effektivität der EU-Terrorismusbekämpfung. Tim Krieger und Daniel Meierrieks kondensieren die wirtschaftswissenschaftliche Debatte zur Kosten- und Folgeabschätzung des Terrorismus. Anja Jacobi und Janina Kandt analysieren die transnationale Governance zur Eindämmung der Terrorismusfinanzierung. Mit Beiträgen vonDr. Raphael Bossong, Prof. Oldrich Bures, Dr. Martin Kahl, Prof. Tim Krieger, Dr. Daniel Meierrieks, Prof. Anja Jacobi, Janina Kandt