Overview

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, labor 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. 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

Full Product Details

Author:   Vincent Chetail ,  Céline Bauloz
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781782549154

ISBN 10:   1782549153
Pages:   712
Publication Date:   28 August 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of 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

Reviews

'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 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

'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

Author Information

Edited by Vincent Chetail, Professor of Public International Law and Director, Global Migration Centre, Geneva Graduate Institute of International and Development Studies and Céline Bauloz, Senior Research Officer and Head, Research Unit, International Organization for Migration and Senior Fellow, Global Migration Centre, Geneva Graduate Institute of International and Development Studies, Switzerland

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