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European Citizenship after Brexit
This book is open access under a CC BY 4.0 license. This Open Access book investigates European citizenship after Brexit, in light of the functionalist theory of citizenship. No matter its shape, Brexit will impact significantly on what has been labelled as one of the major achievements of EU integration: Citizenship of the Union. For the first time an automatic and collective lapse of status is observed. It is a form of involuntary loss of citizenship en masse, imposed by the automatic workings of the law on EU citizens of exclusively British nationality. It does not however create statelessness and it is likely to be tolerated under international law. This loss of citizenship is connected ...
The Judicial Application of Human Rights Law
10 The right to life
Citizenship of the Union and Freedom of Movement of Persons
Citizenship of the Union and Freedom of Movement of Persons, sets out to analyse in detail the various provisions of Community law which confer upon individuals the right to move about, reside and work in the Member States. It also examines the procedural safeguards which set those fundamental rights apart from any deriving from other international bodies or organisations and point up the originality of the Community system. Citizenship of the Union entails freedom of movement under the current Treaties and also under the Treaty of Lisbon, in which the unified treatment of the rules, by contrast with the existing pillars of Community and European Union law, might be expected to confer new im...
Borders and Freedom of Movement in the Holy Roman Empire
Borders and Mobility in the Holy Roman Empire tells the history of free movement in the Holy Roman Empire of the German Nation, one of the most fractured landscapes in human history. The boundaries that divided its hundreds of territories make the Old Reich a uniquely valuable site for studying the ordering of movement. The focus is on safe-conduct, an institution that was common throughout the early modern world but became a key framework for negotiating free movement and its restriction in the Old Reich. The study shows that attempts to escort travellers, issue letters of passage, or to criminalize the use of 'forbidden' roads served to transform rights of passage into excludable and fisca...
Freedom of Movement
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Movement and the Ordering of Freedom
We live within political systems that increasingly seek to control movement, organized around both the desire and ability to determine who is permitted to enter what sorts of spaces, from gated communities to nation-states. In Movement and the Ordering of Freedom, Hagar Kotef examines the roles of mobility and immobility in the history of political thought and the structuring of political spaces. Ranging from the writings of Locke, Hobbes, and Mill to the sophisticated technologies of control that circumscribe the lives of Palestinians in the Occupied West Bank, this book shows how concepts of freedom, security, and violence take form and find justification via “regimes of movement.” Kotef traces contemporary structures of global (im)mobility and resistance to the schism in liberal political theory, which embodied the idea of “liberty” in movement while simultaneously regulating mobility according to a racial, classed, and gendered matrix of exclusions.
Diplomatic Law
The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essen...
Refuge in a Moving World
Refuge in a Moving World draws together more than thirty contributions from multiple disciplines and fields of research and practice to discuss different ways of engaging with, and responding to, migration and displacement. The volume combines critical reflections on the complexities of conceptualizing processes and experiences of (forced) migration, with detailed analyses of these experiences in contemporary and historical settings from around the world. Through interdisciplinary approaches and methodologies – including participatory research, poetic and spatial interventions, ethnography, theatre, discourse analysis and visual methods – the volume documents the complexities of refugees’ and migrants’ journeys. This includes a particular focus on how people inhabit and negotiate everyday life in cities, towns, camps and informal settlements across the Middle East and North Africa, Southern and Eastern Africa, and Europe.
EU Citizenship at the Edges of Freedom of Movement
This book critically analyses the case law on EU citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance, and questions how this space can be overcome. Through a thorough analysis of the core personal free movement rights of residence, family reunification, equal treatment and equal political participation, the book demonstrates how the development of the case law of the Court of Justice of the European Union has generated a two-tiered legal concept of EU citizenship. Depending on the nature of the legal claim at hand, ...
Open Borders
Border control continues to be a highly contested and politically charged subject around the world. This collection of essays challenges reactionary nationalism by making the positive case for the benefits of free movement for countries on both ends of the exchange. Open Borders counters the knee-jerk reaction to build walls and close borders by arguing that there is not a moral, legal, philosophical, or economic case for limiting the movement of human beings at borders. The volume brings together essays by theorists in anthropology, geography, international relations, and other fields who argue for open borders with writings by activists who are working to make safe passage a reality on the...
