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This comprehensive Research Handbook provides an overview of the debates on how the law does, and could, relate to migration exacerbated by climate change. It contains conceptual chapters on the relationship between climate change, migration and the law, as well as doctrinal and prospective discussions regarding legal developments in different domestic contexts and in international governance.
Includes statistics.
Forced Migration and Global Processes considers the crossroads of forced migration with three global trends: development, human rights, and security. This expert collection studies these complex interactions and aims to help determine what solutions may alleviate most of the human suffering involved in forced migrations.
This timely book offers a unique interdisciplinary inquiry into the prospects of different political narratives on climate migration. It identifies the essential angles on climate migration – the humanitarian narrative, the migration narrative and the climate change narrative – and assesses their prospects. The author contends that although such arguments will influence global governance, they will not necessarily achieve what advocates hope for. He discusses how the weaknesses of the concept of “climate migration” are likely to be utilized in favour of repressive policies against migration or for the defence of industrial nations against perceived threats from the Third World.
The United Nations Special Procedures system is a key element of the evolving international framework for human rights protection and promotion. However, despite the system’s expansion, the range of roles and functions performed by mandate holders, and the mounting evidence of its strengths and limitations, there has been very little academic interrogation or analysis of Special Procedures. This lacuna is ever-more problematic given the growing profile and effectiveness of the Special Procedures’ work, as well as the increasing attention and challenges that they face, both externally from States and internally from within the UN system. Given the current ‘state of play’ of Special Pr...
BL Explains why the respect in which the UN is held is not matched by admiration for its practical attempts to safeguard human rights.
The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.
With over 240 million migrants in the world, including over 65 million forced migrants and refugees, states have turned to draconian measures to stem the flow of irregular migration, including the criminalization of migration itself. Canada, perceived as a nation of immigrants and touted as one of the most generous countries in the world today for its reception of refugees, has not been immune from these practices. This book examines "crimmigration" – the criminalization of migration – from national and comparative perspectives, drawing attention to the increasing use of criminal law measures, public policies, and practices that stigmatize or diminish the rights of forced migrants and re...
Although both Canada and the United Kingdom had experienced terrorism prior to the attacks of 9/11 and already had in place extensive provisions to deal with terrorism, the events of that day led to the enactment of new and expansive counter-terrorism legislation being enacted in both jurisdictions. This book explores these changes to counter-terrorism laws and policies in the UK and Canada in order to demonstrate that despite the force of international legal instruments, including the heavily scrutinized UN Security Council Resolution 1373, the evolution of counter-terrorism policies in different jurisdictions is best analyzed and understood as a product of local institutional structures an...
The main argument is that improving migrants’ rights and conceptual linkages between SSG/R and migration is best achieved, by decentring our gaze, namely going beyond the ‘national’ and ‘state-centric’ view that characterizes traditionally SSG/R and to consider the agency of both migrants and SSR actors. First from a migrants’ perspective, it is key for SSR actors to go beyond traditional legal classifications and to consider the diversity of personal situations that involve refugees, stranded migrants and asylum seekers, which might endorse different roles at different times of their journeys and lives. Second, the transnational nature of migration calls for a transnationalizati...