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When Humans Become Migrants
The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.
Justice for People on the Move
Offers a comprehensive framework that can assist in responding to new justice challenges for people on the move.
Judicial Convergence and Fragmentation in International Human Rights Law
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
Netherlands Yearbook of International Law 2013
The combination of the words ‘international law’ and ‘crisis’ is intriguing and leads to a number of questions. How does international law react to crises and what are the typical conditions under which the term ‘crisis’ is invoked? Is international law a vivid field of law due to and thanks to crises? Are parts of international law maybe in crisis themselves? To what extent has the focus on crises taken away attention from important legal questions in the day-to-day application of international law? And does the focus on crisis undermine analytic progress amongst scholars, who might think about crises as being something completely new, asking for new answers while ignoring the r...
Migrants' Rights, Populism and Legal Resilience in Europe
Identifies paths for legal resilience against restrictions of migrants' rights introduced by the forces of authoritarian populism.
A Threat Against Europe?
The concept of security has traditionally referred to the status of sovereign states in a closed international system. In this system the state is assumed to be both the object of security and the primary provider of security. Threats to the state's security are understood as threats to its political autonomy in the system. The major international institutions that emerged after the Second World War were built around this idea. When the founders of the United Nations spoke of collective security, they were referring primarily to state security and to the coordinated system that would be necessary in order to avoid the 'scourge of war'. But today, a wide range of security threats, both new and traditional, confront Europe, or at least as some would say.
Migration and State Power
The current situation in Europe seems to emphasize that our modern society is still not ready to accept migration as an important part of human history. Instead of welcoming immigrants and refugees with open arms, state power is trying to restrict asylum for those who are in need. The reasons, why people leave their home countries are different: human trafficking, prosecution, war, or just the hope for a better future. Despite the ethical and moral perspective and the duty of a modern democratic state to support those in need, restrictions and limitations of civil rights often seem to be the sole answer. While the members of the European Union are accusing each other, a solution for the prob...
Noncitizenism
Noncitizens have always been present in liberal political philosophy. Often hard to situate within traditional frameworks that prioritise citizenship, noncitizens can appear voiceless and rightsless, which has implications for efforts towards global justice and justice in migration. This book proposes an alternative. Noncitizenism identifies an analytical category of noncitizenship. While maintaining the importance of citizenship, noncitizenship is another form of special individual-State relationship. It operates far from a State, at its borders, and within its territory, providing a tool for examining the continuity between sites of engagement and the literatures, questions, and conclusions relating to them. The book argues that an accurate liberal theoretical framework, and one which can address contemporary challenges, must acknowledge the political relationship of noncitizenship between individuals and States. This book is for students and scholars of political philosophy and for those interested in noncitizenship and how it can inform the response of liberal theory, citizenship, global justice, migration studies, political theory and policy work.
The Informalisation of the EU's External Action in the Field of Migration and Asylum
This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how ...
Research Handbook on Law, Society and Ageing
In an era where the population is rapidly ageing, this timely Research Handbook addresses the wide-ranging social and legal issues concerning older people.
