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Research Handbook on International Law and Migration
Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strategies for better understanding the potential of international legal norms in regulating migration. Authoritative analyses by the most renowned and knowledgeable experts in the field focus on important migration issues and challenge the current normative framework with new ways of thinking about the topic.
More Information
Critical Acclaim
Contributors
Contents
More Information
Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strategies for better understanding the potential of international legal norms in regulating migration. Authoritative analyses by the most renowned and knowledgeable experts in the field focus on important migration issues and challenge the current normative framework with new ways of thinking about the topic.
The book examines the many facets of migration from an international law perspective. Topics discussed include the relationship between migration and state sovereignty, the human rights of migrants, human trafficking, migrant workers, refugees and internal displacement. The expert contributors hail from a number of diverse international law backgrounds (including refugee law, human rights law, humanitarian law, labour law, WTO law and others), allowing them to synthesize many different perspectives and present a comprehensive, cohesive and timely study of a complicated and fractured topic.
The Research Handbook on International Law and Migration provides a critical examination of migration and international law, identifying the issues still to be tackled and suggesting further developments to be made. It will appeal to advanced and postgraduate students, academics and policymakers.
The book examines the many facets of migration from an international law perspective. Topics discussed include the relationship between migration and state sovereignty, the human rights of migrants, human trafficking, migrant workers, refugees and internal displacement. The expert contributors hail from a number of diverse international law backgrounds (including refugee law, human rights law, humanitarian law, labour law, WTO law and others), allowing them to synthesize many different perspectives and present a comprehensive, cohesive and timely study of a complicated and fractured topic.
The Research Handbook on International Law and Migration provides a critical examination of migration and international law, identifying the issues still to be tackled and suggesting further developments to be made. It will appeal to advanced and postgraduate students, academics and policymakers.
Critical Acclaim
‘This book, offers an outstanding collection of learned essays from over thirty expert contributors – including the editors – from top universities, government bodies and institutions worldwide. . . In this volume of almost 700 pages, there is much food for thought for the researcher and an almost endless supply of valuable references in the copious footnoting throughout. What a time saver! Additionally, there’s a detailed index of almost twenty-three pages at the back. From graduate students, to seasoned international practitioners, anyone involved in the often extremely difficult human rights issues generated by migration will appreciate the book’s practical as well as scholarly approach to this sensitive, diverse and increasingly complex area of law. The book therefore makes an important contribution to current literature on the subject.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
‘This comprehensive volume succeeds in its aim to solidify the place of international migration law as a distinctive field of study and intellectual engagement, and this book represents a must-read for any student, scholar, or policy-maker interested in the cutting edge and wide-ranging issues and topics within this burgeoning field.’
– Michelle Foster, Journal of Refugee Studies
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
‘This comprehensive volume succeeds in its aim to solidify the place of international migration law as a distinctive field of study and intellectual engagement, and this book represents a must-read for any student, scholar, or policy-maker interested in the cutting edge and wide-ranging issues and topics within this burgeoning field.’
– Michelle Foster, Journal of Refugee Studies
Contributors
Contributors: T.A. Aleinikoff, I. Atak, H. Battjes, V. Chetail, R. Cohen, F. Crépeau, C. Dauvergne, M. Duchatellier, T. Gammeltoft-Hansen, G. Gilbert, E. Guild, W. Kälin, H. Lambert, S.H. Legomsky, B. Lyon, L.A. Nessel, H. O’Nions, S. Ojeda, C. Phuong, R. Piotrowicz, J. Rhodes, P.J. Spiro, H. Storey, J.P. Trachtman, W. Vandenhole, A. Vermeer-Künzli, J. Vedsted-Hansen, R.M.M. Wallace, D. Weissbrodt, M. Zieck
Contents
Contents:
1. The Transnational Movement of Persons under General International Law: Mapping the Customary Law Foundations of International Migration Law
Vincent Chetail
PART I: CONFRONTING REALITIES IN TIMES OF GLOBALISATION: THE MOVE OF PEOPLE AND STATE SOVEREIGNTY
2. Irregular Migration, State Sovereignty and the Rule of Law
Catherine Dauvergne
3. National Security, Terrorism and the Securitization of Migration
Idil Atak and François Crépeau
4. Extraterritorial Migration Control and the Reach of Human Rights
Thomas Gammeltoft-Hansen
5. Smuggling and Trafficking of Human Beings
Ryszard Piotriowicz
6. The Removal of Irregular Migrants in Europe and America
Stephen H. Legomsky
PART II: HUMAN RIGHTS, ALIENHOOD AND CITIZENSHIP: IDENTIFYING THE GLOBAL NORMATIVE FRAMEWORK
7. Detention of Migrants: Harsher Policies, Increasing International Law Protection
Beth Lyon
8. Family Unity in Migration Law: The Evolution of a More Unified Approach in Europe
Hélène Lambert
9. Migration and Discrimination: Non-Discrimination as Guardian against Arbitrariness or Driver of Integration?
Wouter Vandenhole
10. Minority and Cultural Rights of Migrants
Helen O’Nions
11. Diplomatic Protection and Consular Assistance of Migrants
Annemarieke Vermeer-Künzli
12. Citizenship, Nationality, and Statelessness
Peter J. Spiro
PART III: INTERNATIONAL LAW AND THE FORGOTTEN REALITY OF MIGRANT WORKERS
13. United Nations Treaty Bodies and Migrant Workers
David Weissbrodt and Justin Rhodes
14. Human Dignity or State Sovereignty? The Roadblocks to Full Realisation of the UN Migrant Workers Convention
Lori A. Nessel
15. Economic Migration and Mode 4 of GATS
Joel P. Trachtman
16. Labour Migration and the European Union
Elspeth Guild
PART IV: REFUGEES AND THE CHANGING PATTERN OF INTERNATIONAL PROTECTION
17. The Mandate of the Office of the United Nations High Commissioner for Refugees
T. Alexander Aleinikoff
18. The Principle of Non-Refoulement in International Refugee Law
Rebecca M.M. Wallace
19. The Asylum Procedures and the Assessment of Asylum Requests
Jens Vedsted-Hansen
20. Persecution: Towards a Working Definition
Hugo Storey
21. Exclusion under Article 1F since 2001: Two Steps Backwards, One Step Forward
Geoff Gilbert
22. Subsidiary Protection and Other Alternative Forms of Protection
Hemme Battjes
23. The Limitations of Voluntary Repatriation and Resettlement of Refugees
Marjoleine Zieck
PART V: INTERNALLY DISPLACED PERSONS AND THE NEW CHALLENGES OF FORCED MIGRATION
24. Protection of Internally Displaced Persons: National and International Responsibilities
Roberta Cohen
25. The Guiding Principles on Internal Displacement and the Search for a Universal Framework of Protection for Internally Displaced Persons
Walter Kälin
26. International Humanitarian Law and the Protection of Internally Displaced Persons
Stephane Ojeda
27. The African Contribution to the Protection of Internally Displaced Persons: A Commentary on the 2009 Kampala Convention
Moetsi Duchatellier and Catherine Phuong
1. The Transnational Movement of Persons under General International Law: Mapping the Customary Law Foundations of International Migration Law
Vincent Chetail
PART I: CONFRONTING REALITIES IN TIMES OF GLOBALISATION: THE MOVE OF PEOPLE AND STATE SOVEREIGNTY
2. Irregular Migration, State Sovereignty and the Rule of Law
Catherine Dauvergne
3. National Security, Terrorism and the Securitization of Migration
Idil Atak and François Crépeau
4. Extraterritorial Migration Control and the Reach of Human Rights
Thomas Gammeltoft-Hansen
5. Smuggling and Trafficking of Human Beings
Ryszard Piotriowicz
6. The Removal of Irregular Migrants in Europe and America
Stephen H. Legomsky
PART II: HUMAN RIGHTS, ALIENHOOD AND CITIZENSHIP: IDENTIFYING THE GLOBAL NORMATIVE FRAMEWORK
7. Detention of Migrants: Harsher Policies, Increasing International Law Protection
Beth Lyon
8. Family Unity in Migration Law: The Evolution of a More Unified Approach in Europe
Hélène Lambert
9. Migration and Discrimination: Non-Discrimination as Guardian against Arbitrariness or Driver of Integration?
Wouter Vandenhole
10. Minority and Cultural Rights of Migrants
Helen O’Nions
11. Diplomatic Protection and Consular Assistance of Migrants
Annemarieke Vermeer-Künzli
12. Citizenship, Nationality, and Statelessness
Peter J. Spiro
PART III: INTERNATIONAL LAW AND THE FORGOTTEN REALITY OF MIGRANT WORKERS
13. United Nations Treaty Bodies and Migrant Workers
David Weissbrodt and Justin Rhodes
14. Human Dignity or State Sovereignty? The Roadblocks to Full Realisation of the UN Migrant Workers Convention
Lori A. Nessel
15. Economic Migration and Mode 4 of GATS
Joel P. Trachtman
16. Labour Migration and the European Union
Elspeth Guild
PART IV: REFUGEES AND THE CHANGING PATTERN OF INTERNATIONAL PROTECTION
17. The Mandate of the Office of the United Nations High Commissioner for Refugees
T. Alexander Aleinikoff
18. The Principle of Non-Refoulement in International Refugee Law
Rebecca M.M. Wallace
19. The Asylum Procedures and the Assessment of Asylum Requests
Jens Vedsted-Hansen
20. Persecution: Towards a Working Definition
Hugo Storey
21. Exclusion under Article 1F since 2001: Two Steps Backwards, One Step Forward
Geoff Gilbert
22. Subsidiary Protection and Other Alternative Forms of Protection
Hemme Battjes
23. The Limitations of Voluntary Repatriation and Resettlement of Refugees
Marjoleine Zieck
PART V: INTERNALLY DISPLACED PERSONS AND THE NEW CHALLENGES OF FORCED MIGRATION
24. Protection of Internally Displaced Persons: National and International Responsibilities
Roberta Cohen
25. The Guiding Principles on Internal Displacement and the Search for a Universal Framework of Protection for Internally Displaced Persons
Walter Kälin
26. International Humanitarian Law and the Protection of Internally Displaced Persons
Stephane Ojeda
27. The African Contribution to the Protection of Internally Displaced Persons: A Commentary on the 2009 Kampala Convention
Moetsi Duchatellier and Catherine Phuong
