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Transnational Law of Human Mobility by Emília Lana de Freitas Castro Pdf
This book employs methods from comparative law to analyze voluntary migration, exploring the free movement of immigrants and their freedom of settlement under Brazilian and Mercosul law, as well as under German law and the European Union’s legal framework on migration. It discusses the level of protection granted to immigrants in terms of their right to enter and stay in Brazil and Mercosul, using German legislation and the EU’s legal framework on migration for comparison. Accordingly, the book will help migration researchers to understand not only the structure and rationale of migration law in Brazil, especially after the entry into force of its recent Migration Law in 2017, but also its relation to EU and German provisions on voluntary migration. It demonstrates how the differing natures of the migration law adopted by Brazil and Germany have led to different approaches and, consequently, different levels of protection for immigrants.
Law, Migration, and Human Mobility by Magdalena Kmak Pdf
This book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders, and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies, this book pushes the idea of migration law towards a more general concept of mobility that encompass the various processes, effects, and consequences of movement in a globalized world. In this respect, the book pursues a shift in perspective on how law is understood. Drawing on the concepts of ‘kinology’ and ‘kinopolitics’ developed by Thomas Nail as well as ‘mobility justice’ developed by Mimi Sheller, the book considers movement and motion as a constructive force behind political and social systems; and hence stability that needs to be explained and justified. Tracing the processes through which static forms, such as state, citizenship, or border, are constructed and how they partake in production of differential mobility, the book challenges the conventional understanding of migration law. More specifically, and in revealing its contingent and unstable nature, the book reveals how human mobility is itself constitutive of law. This interdisciplinary book will appeal to those working in the areas of migration and refugee law, citizenship studies, mobility studies, legal theory, and sociolegal studies.
Research Handbook on International Law and Human Security by Oberleitner, Gerd Pdf
This comprehensive Research Handbook considers the place of human security, both in practice and as a concept within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law’s purpose. This title contains one or more Open Access chapters.
Mobile People, Mobile Law by Franz von Benda-Beckmann,Keebet von Benda-Beckmann Pdf
Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings. It provides new insights into social and political processes through which transnational law is locally appropriated by different actors and presents empirical studies of confrontation, adaptation, vernacularization and hybridization of law due to its transplantation across the borders of national states. The contributors offer insights into modern dynamics of legal change, challenging assumptions about increasing homogeneity in law, with a keen eye for the historical situations in which current legal changes stand.
The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Global Change and Human Mobility by Josefina Domínguez-Mujica Pdf
This book demonstrates the benefits of applying a new interdisciplinary approach that combines global change and human mobility. The term "globility" was coined in the year 2000 when the commission with the same name was created by the International Geographical Union with the purpose of theorizing about and asserting the concept of human mobility. First the book offers theoretical reviews of human mobility. Then it proceeds to study patterns of mobility in today's world as it faces new challenges in migration policies (including border controls, management of refugee movements, social initiatives to empower unauthorized immigrants), the integration issue, environmental hazards, and so on. The response to these diverse challenges reveals an increasing fluidity of human mobility and new forms of engagement of people on the move. Readers will obtain a better understanding of current human mobility from a large number of regions and from different thematic perspectives.
The Human Face of Global Mobility by Michael Peter Smith,Adrian Favell Pdf
Alongside flows of trade and capital, the free movement of professionals, technical personnel, and students is seen as a key aspect of globalization. Yet not much detailed empirical research has been completed about the trajectories and experiences of these highly skilled or highly educated international migrants. What little is known about these forms of "global mobility," and the politics that surround them, contrasts with the abundant theories and accounts of other types of international migration--such as low income economic migration from less developed to core countries in the international political economy. Drawing on the work of a long-standing discussion group at the Center for Comparative and Global Research of UCLA's International Institute, this collection bridges conventional methodological divides, bringing together political scientists, sociologists, demographers, and ethnographers. It explores the reality behind assumptions about these new global migration trends. It challenges widely held views about the elite characteristics of these migrants, the costs and consequences of the brain drain said to follow from the migration of skilled workers, the determinants of national policies on high skilled migrants, and the presumed "effortlessness" of professional mobility in an integrating world. The volume also sheds new light on international student migration, the politics of temporary, non-immigrant workers in the United States, new international forms of regulating movement, and the realities of the everyday lives of multinational employees in the world's transnational cities. Key differences between the regional contexts of this migration in Europe, North America, and the Asia-Pacific are also emphasized. Michael Peter Smith is professor of community studies at the University of California, Davis. He has published extensively on urban theory, globalization, and transnationalism including Transnationalism from Below and City and Nation (both available through Transaction) and Transnational Urbanism. Adrian Favell is associate professor of sociology at UCLA. He is the author of Philosophies of Integration, and has published widely on migration in Europe, citizenship, the integration of immigrants, and on social theory.
From Transnational Relations to Transnational Laws by Shaheen Sardar Ali,Anne Griffiths Pdf
This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversity is posing for Northern European law. For in this part of the world, as elsewhere, national law is challenged by a mixture of expanding human rights obligations and unprecedented cultural and normative pluralism enhanced by expanding global communication and market relations. As a consequence, transnationalization of law appears to create homogeneity, fragmentation and ambiguity, expanding space for some actors while silencing others. Through the lens of a variety of important contemporary subjects, the authors thus engage with the nature of power and how it is accommodated, ignored or resisted by various actors when transnational practices encounter national and local law.
The Emerging Global Consensus on Climate Change and Human Mobility by Mostafa M Naser Pdf
This book examines whether a global consensus is emerging on climate change and human mobility and presents evidence of a slow-moving but dynamic, step-by-step process of international policy development on climate-related mobility. Naser reviews the range of solutions offered to address climate-related mobility problems, such as extending the 1951 UN Refugee Convention, adopting an additional protocol to the UNFCCC or creating a new international treaty to support those facing climate-related migration and displacement problems. He examines the accumulating stock of international policies and initiatives relevant to climate-related mobility using a framework of six policy areas: human rights, refugees, climate change, disaster risk reduction, migration,and sustainable development. He uses this framework to define and summarise the main UN actions and milestones on climate-related mobility. Despite the difficult context affecting the global community of worsening climate change impacts and human rights under threat, Naser asserts that the foundations of global consensus on climate-related mobility have been built, particularly in the last decade. This book will be of great relevance to students, scholars and policy-makers with an interest in the increasing interface between climate change and human mobility policy issues.
Backstage Practices of Transnational Law by Lianne J.M. Boer,Sofia Stolk Pdf
This book explores the ‘backstage’ of transnational legal practice by illuminating the routines and habits that are crucial to the field, yet rarely studied. Through innovative discussion of practices often considered trivial, the book encourages readers to conceptualise the ‘backstage’ as emblematic of transnational legal practice. Expanding the focus of transnational legal scholarship, the book explores the seemingly mundane procedures which are often taken for granted, despite being widely recognized as part of what it means to ‘do transnational law’. Adopting various methodologies and approaches, each chapter focuses on one specific practice: for example, mooting exercises for law students, international travel, transnational time, the social media activities of lawyers and legal scholars, and the networking at the ICC’s annual Assembly of States Parties. In and of themselves, these chapters each provide unique insights into what happens before the curtain rises and after it falls on the familiar ‘outputs’ of transnational law. It does more, however, than provide a range of different practices: it takes the next step in theorizing on the importance of the marginal and the everyday for what we ‘know’ to be ‘the law’ and what the international legal field looks like. Furthermore, by interrogating undiscussed academic practices, it provides students with a candid view on the perils and promises of transnational legal scholarship, inviting them to join the discussion and to practice their discipline in a more reflexive way. Written in an accessible format, containing a readable collection of personal and recognizable accounts of transnational legal practice, the book provides an everyday insight into transnational law. It will therefore appeal to international legal scholars, alongside any reader with an interest in transnational law.
International Migration Law by Vincent Chetail Pdf
International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.
Humans on the Move by Grant Dawson,Rachel Laut Pdf
In Human Mobility and Climate Change, Grant Dawson and Rachel Laut examine the sufficiency of legal frameworks to address human movement relating to climate change impacts and the progressive transition to a more adaptive approach.
The Refugee in International Law by Guy S. Goodwin-Gill,Jane McAdam Pdf
Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book, the leading text in the field, examines key challenges to the Convention such as the status of refugees, applications for asylum, and the international and domestic standards of protection. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited fourth edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis. The books includes: analysis of internally displaced persons; so-called preventive protection; access to refugees; safety of refugees and relief personnel; the situation of refugee women and children; a detailed examination of the role of the UNHCR and the Palestinian situation; and an assessment of the protection possibilities (or lack of them) in the European Convention on Human Rights. This new edition has been expanded with coverage of forced migration and displacement as a result of disasters and climate change. It is once again an unmissable reference work for practitioners and students in the field.
Economic Migrants in International Law and Policy. Selected Issues and Challenges by Bogumil Terminski Pdf
In recent years international labour migrations and its social consequences have become one of the key issues on the international agenda. Changing image of the economic mobility strongly affected domestic policies, activities of international organizations and international law. The growing dynamic of economic migration and the transformation of this process becoming a source of challenges for the various areas of international law including international labour law, international humanitarian law and international human rights law. The book discusses the most important documents concerning regulation of migration and international protection of migrant workers. The author devotes attention to the practical activities of all intergovernmental organizations (UN, ILO, UNHCR, EU, COE, OSCE, OAS) dealing with the issue of international migration. A significant part of the book is focused on the legal context of currently observed problems such as undocumented migration, human trafficking, socio-economic rights of migrants, deportation, employment of migrants, access to health care institutions, the issue of asylum and the rights of specific categories of economic migrants. Considerations presented in this book are based on in-depth analysis of more than hundred international treaties and documents focused on international migrations. The book presents the most important international initiatives concerning protection of economic migrants between 1919 and 2018.
Human Security and Human Rights under International Law by Dorothy Estrada-Tanck Pdf
Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.
