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European Migration Law
At present, there is no such thing as a single corpus of binding rules within the European legal order which could be said to embody European migration law. The field of European migration law is covered by various legal spheres, providing a patchwork of relevant legislation and principles of law. This book brings together, in one context, the European and international legal regimes on migration as applicable to the territories of the Member States of the EU. Its focus is on: European Community legislation under Title III and Title IV of the EC Treaty; treaties concluded between the European Community and third countries; and international treaties concluded within the framework of the Coun...
Problems of Protection
First Published in 2003. Of all the humanitarian impulses in world politics today, one of the most widely recognized is the need to protect refugees. However, as The Problems of Protection explores, what on the surface appears to be a simple proposition can quickly become complex and controversial. This complexity results in troubling variation in how we respond to our obligation to protect refugees--while NATO launches a major military intervention on behalf of Albanians in Kosovo amidst worldwide media attention, the international community's response to Sierra Leonean refugees is slow, inefficient and inadequate. Who qualifies as a refugee in need of protection? Should refugees be returned as soon as possible, or integrated into safer host countries? The contributors to this volume address the often lacking political will among powerful countries and donors, shifting attitudes among affected countries, and the difficulty of rebuilding societies in a world in which the number of refugees will almost certainly continue to increase.
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...
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.
European Migration Law
European Migration Law explores the growth of EU migration law in both legislative and judicial developments. It analyses the general framework behind the EU rules of migration, the significance of human rights in policy making, and explores the legislation surrounding key issues including entry into EU territory, border controls, and asylum.
Post-Colonial Immigrants and Identity Formations in the Netherlands
In this book Ulbe Bosma explores the experience of immigrants in the Netherlands over sixty years and three generations. Looking at migrants from all countries, Bosma teases out how their ethnic identities are informed by Dutch culture, and how these immigrant identities evolve over time.“Fascinating, comprehensive, and historically grounded, this essential volume reveals how the colonial past continues to shape multicultural Dutch society. . . . It is an important counterpart to work on France, Britain, and Portugal.”—Andrea Smith, Lafayette College
Research Handbook on European Union Citizenship Law and Policy
This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union.
Grasping Legal Time
This book explores the double-edged role of time in the regulation of migration from legal, philosophical and socio-cultural perspectives.
The Interplay between the EU's Return Acquis and International Law
This insightful book thoroughly examines how the EU’s return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.
Digital Borders and Real Rights
Since its launch in 1995, the majority of personal data held in the Schengen Information System (SIS) concerns third-country nationals to be refused entry to the Schengen territory. This study reveals why the use of the SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination. This study describes the implementation of the SIS in respectively France, Germany, and the Netherlands and the available legal remedies in both data protection and immigration law. On the basis of three general principles of European law, minimum standards are developed for effective remedies for individuals registered in the SIS, but also other databases such as Eurodac or the Visa Information System.
