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Grasping Legal Time
"In this novel study, Martijn Stronks shines a light on the ways in which European migration law operates by examining relevant legal processes through the prism of "time." Even as he notes that "[t]ime is allegedly the most widely used noun in the English language," Stronks demands that we critically interrogate this commonplace notion - and specifically that we should differentiate between "human time" and "clock time." His contention is that human time is largely overlooked in migration processes, and that this failure to take account of time as lived experience does a real injustice to migrants. Much of the book is devoted to explicating what the author refers to as "the slithering chara...
Grasping Legal Time
This book explores the double-edged role of time in the regulation of migration from legal, philosophical and socio-cultural perspectives.
Entangled Rights of Freedom
As soon as the Amsterdam Court of Appeal ordered the criminal prosecution of the Dutch parliamentarian Geert Wilders for inciting hatred and group defamation, feelings in both the Netherlands and abroad began to run high. This case is legally complicated, not in the least because it involves several fundamental rights. The clash of constitutional rights, the role of the judiciary, and the nature of the interests involved - these are all matters which even well-informed lawyers and academics find daunting. This book explains how freedom of speech, freedom of religion, and the non-discrimination principle are entangled. It is descriptive and contains no qualifications on the desirability of the Wilders prosecution or on issues of morality. It is the first book that deals with the Wilders case and is aimed at lawyers, public administrators, and political scientists.
Rights for Others
Rights for Others is an empirical study of what happens when international human rights are applied domestically in The Netherlands. It tracks recent debates in Dutch society on citizenship and the rights of immigrants, and analyses the shift from the perception of human rights as a 'foreign policy concern' to the slow processes of homecoming in what has traditionally been a left-wing society, but now includes many more right-wing political parties. Adopting an interdisciplinary approach, Oomen combines insights from law, sociology and anthropology to explain how rights gain significance in framing social and political discussions. The book provides comprehensive coverage on relevant constitutional law, legal culture and rights realization as well as discussing case material on human rights education, polarization, socio-economic rights, domestic violence and the rights of minorities. This is an invaluable contribution to the global fields of human rights and socio-legal studies for scholars and researchers.
Handbook on the Governance and Politics of Migration
This innovative Handbook sets out a conceptual and analytical framework for the critical appraisal of migration governance. Global and interdisciplinary in scope, the chapters are organised across six key themes: conceptual debates; categorisations of migration; governance regimes; processes; spaces of migration governance; and mobilisations around it.
Conflict Refugees
Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the relevance of the Refugee Convention, this book demonstrates how appellate authorities across the EU approach situations of armed conflict predominantly through outdated understandings of warfare and territoriality. Thus, they apply a higher standard of proof than is warranted by international refugee law. Adopting a gender perspective, Querton also shows how appellate authorities fail to acknowledge the gender-differentiated impact of armed conflicts. Drawing from gender and security studies, this book proposes an original conceptual framework which, supported by existing international legal standards, reframes the definition of 'refugee' and better reflects the reality of violence in modern-day conflicts. In doing so, it re-asserts the Refugee Convention as the cornerstone of international protection.
The Family and the Nation
Until recently, migration policies primarily targeted labour migrants and asylum seekers. Family migration was taken for granted. But now, many nations are restricting family migration, particularly from poorer countries. The Netherlands have even gone so far as to require family migrants to pass an integration test before being allowed to enter the country. How can this shift in policies be explained? Does it, as some suggest, indicate a new trend towards racist exclusion? This book places family migration policies in the broader perspective of changing family norms. In doing so, it shows the added value of studying immigration law not as an isolated field, but in connection with other fiel...
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...
Judging Refugees
Reveals the impossible demands for narrative placed on refugee applicants and their oral testimony within state processes for refugee status determination.
The Concealment Controversy
An examination of the concealment controversy in international refugee law.
