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Immigration Detention and Human Rights
Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.
Immigration Detention and Human Rights
Practices of immigration detention are largely resistant to conventional forms of legal correction because contemporary liberal democracies justify these practices with an appeal to their territorial sovereignty, a concept that thwarts the very communicability of individual interests in modern constitutionalism. However, this book argues that human rights in the specific context of immigration detention can function as “destabilisation rights”, subjecting to full legal scrutiny those claims that the national state presents as predominantly based on its territorial sovereignty. The resulting destabilisation of territorial sovereignty in both domestic and international constitutionalism will have ramifications for a number of instruments of migration control, the perceived necessity and legitimacy of which is almost exclusively based on the self-referential notion of territorial sovereignty.
Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe...
The Deportation Regime
This important collection examines deportation as an increasingly global mechanism of state control. Anthropologists, historians, legal scholars, and sociologists consider not only the physical expulsion of noncitizens but also the social discipline and labor subordination resulting from deportability, the threat of forced removal. They explore practices and experiences of deportation in regional and national settings from the U.S.-Mexico border to Israel, and from Somalia to Switzerland. They also address broader questions, including the ontological significance of freedom of movement; the historical antecedents of deportation, such as banishment and exile; and the development, entrenchment...
A Companion to Border Studies
A Companion to Border Studies A Companion to Border Studies “Taking into consideration all aspects this book has a very important role in the professional literature of border studies.” Cross-Border Review Yearbook of the European Institute “Summing Up: Highly recommended. Upper-division undergraduates and above.” Choice “This book, with its interdisciplinary team of authors from many world regions, shows the state of the art in this research field admirably.” Ulf Hannerz, Stockholm University “This volume will be the definitive work on borders and border-related processes for years into the future. The editors have done an outstanding job of identifying key themes, and of asse...
Rethinking Border Control for a Globalizing World
Aims to provide a guide for peacemaking at the territorial borders of the nation state Employs an innovative 'preferred futures' methodology Will be of interest to students of border studies, migration studies, peace studies, critical security and IR
The First Decade of EU Migration and Asylum Law
More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary. The journal itself is the basis for the book: authors who have written the most significant contributions for the journal on the relevant issues to the Area of Freedom Security and Justice (AFSJ) have revised and updated their articles in light of current developments. These are supplemented with new chapters on issues which have turned out to be particularly important to the development of the field. The success of the journal has demonstrated the need for informed, independent academic research on the changing nature of immigration and asylum in Europe, and this volume too seeks to meet that need. It offers a unqiue and lively collection of essays covering the field of EU immigration and asylum law from a variety of perspectives.
Europe's 21st Century Challenge
This volume presents the final results of the CHALLENGE research project (The Changing Landscape of European Liberty and Security) - a five-year project funded by the Sixth Framework Programme of DG Research of the European Commission. The book critically appraises the liberties of citizens and others within the EU, and the different ways in which they are affected by the proliferation of discourses, practices and norms of insecurity enacted in the name of collective and individual safety. It analyses from an interdisciplinary perspective the impacts of new techniques of surveillance and control on the liberty and security of the citizen. The book studies illiberal practices of liberal regimes in the field of security, and the relationship between the internal and external effects of these practices in an increasingly interconnected world, as well as the effects in relation to the place of the EU in world politics.
Grasping Legal Time
This book explores the double-edged role of time in the regulation of migration from legal, philosophical and socio-cultural perspectives.
European Migration Law
This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts...
