Search results for: towards-a-refugee-oriented-right-of-asylum-law-and-migration

Towards a Refugee Oriented Right of Asylum

Author : Laura Westra
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This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.

International Migration and Refugee Law Does Germany s Migration Policy Toward Syrian Refugees Comply

Author : Jasmin Lilian Diab
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Germany will spend around $6.6 billion to cope with an estimated 800,000 refugees expected to have entered the country in the year 2016; this reality indeed extending further into 2017. Despite this overwhelming number of people entering the country, Chancellor Angela Merkel stated that there is “no legal limit to the number of asylum seekers Germany will take in in the coming years.” The announcement by Merkel's coalition government arrived following Germany and Austria opening their borders to the large numbers of refugees making their way north and west from the Middle East, Africa and elsewhere. In particular, this statement came after the Syrian refugee crisis created the biggest refugee crisis the world has seen since the Second World War. Germany is seen as the immigration hub of Europe. It also happens to be the second most popular destination for immigrants after the United States of America. Germany is also the country in Europe with the highest numbers of foreign nationals to date. Germany established a new immigration law in 2005 was born out of a realization that it was coming to terms with a demographic crisis stemming from an ageing population and further complimented by a sharp decline national birth rates. In foresight, and within this unfortunate context, migration was seen by much of the German political class as an economic necessity, and the answer to the German economic and demographic time bomb. Between the years 2009 and 2014, annual net migration in Germany rose from 100,000 to 580,000 individuals. Moreover, the inflow of foreign nationals increased from 266,000 to 790,000 individuals. As of January 2015, approximately 10% of residents in Germany were foreign nationals, with around 12% born outside the country. Naturally, these figures have all risen significantly following Merkel’s decision to allow what has reached one million refugees and migrants into Germany across 2016 and moving into 2017. Moving from this reality, the research will focus on the importance of the compliance of Germany’s migration policy with International Refugee and Migration Law, as it is crucial for the country’s survivability and move forward throughout this phase of its history. The importance of the research lies in whether or not Germany’s migration policy towards the Syrian Refugees in particular complies with its duties toward international law embodied in the treaties and conventions it has committed to.

The International Law of the Sea

Author : Yoshifumi Tanaka
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Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.

Economic Migrants in International Law and Policy Selected Issues and Challenges

Author : Bogumil Terminski
File Size : 80.7 MB
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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.

Bureaucracy Law and Dystopia in the United Kingdom s Asylum System

Author : John R. Campbell
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The Home Office and the UK Border Agency -- The work of immigration officers -- Litigation as a window illuminating the work of case owners/caseworkers -- Analysis -- Analysis of the work of HOPOs -- Conclusion -- Notes -- Chapter 4: Taking and making refugee claims: the work of immigration caseworkers, interpreters and barristers -- Translating a story of flight into a claim of persecution -- The case of Eritrea/DA -- Preparing for the appeal: the work of caseworkers, barristers' clerks and barristers -- Conclusion -- Notes

Gender and Migration in Italy

Author : Elisa Olivito
File Size : 29.24 MB
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Recent migratory flows to Europe have brought about considerable changes in many countries. Italy in particular offers a unique point of view, since it is possible to observe not only the way migration has changed specific features of the country, but also how it is intertwined with gender relations. Considering both the type of migration that has affected Italy and the consequent measures adopted by the Government, a variety of distinctive elements may be seen. By providing a broad and more complete picture of the Italian perspective on gender and migration, this book makes a valuable contribution to the wider debate. The contributions consider the problematic linkage between gender and migration, as well as analyse particular aspects including Italian colonial past, domestic work, self-determination, access to social services, second-generation migrant women, family law, multiculturalism and religious symbols. Taking an empirical and theoretical approach, the volume underlines both the multifaceted problems affecting migrant women in Italy and the way in which questions raised in other countries are introduced and redefined by Italian scholarship. The book presents a valuable resource for researchers, academics and policy-makers working in the areas of migration and gender studies.

Children s Rights and Refugee Law

Author : Samantha Arnold
File Size : 76.17 MB
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Children make up half of the world’s refugees and over 40 per cent of the world’s asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children’s rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children’s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children’s rights approach, the conceptualisations of children outside the legal discipline, within international children’s rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children’s rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children’s rights and international human rights law.

The Duty of the Shipmaster to Render Assistance at Sea under International Law

Author : Felicity G. Attard
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This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.

Inside Asylum Bureaucracy Organizing Refugee Status Determination in Austria

Author : Julia Dahlvik
File Size : 24.7 MB
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This open access monograph provides sociological insight into governmental action on the administration of asylum in the European context. It offers an in-depth understanding of how decision-making officials encounter and respond to structural contradictions in the asylum procedure produced by diverging legal, political, and administrative objectives. The study focuses on structural aspects on the one hand, such as legal and organisational elements, and aspects of agency on the other hand, examining the social practices and processes going on at the frontside and the backside of the administrative asylum system. Coverage is based on a case study using ethnographic methods, including qualitative interviews, participant observation, as well as artefact analysis. This case study is positioned within a broader context and allows for comparison within and beyond the European system, building a bridge to the international scientific community. In addition, the author links the empirical findings to sociological theory. She explains the identified patterns of social practice in asylum administration along the theories of social practices, social construction and structuration. This helps to contribute to the often missing theoretical development in this particular field of research. Overall, this book provides a sociological contribution to a key issue in today's debate on immigration in Europe and beyond. It will appeal to researchers, policy makers, administrators, and practitioners as well as students and readers interested in immigration and asylum.

Turkey s Syrian Refugees

Author : Kılıç Buğra Kanat
File Size : 66.97 MB
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In this report, we provide an overview of the situation of refugees in Turkey and the difficulties that Turkey is facing in handling such a major crisis alongside of its Southern border.