Issues In International Migration Law

This lively collection presents the revised papers resulting from a conference held at the Faculty of Law of the University of Groningen under the auspices of the Groningen Centre for Law and Governance and the Department of European and Economic Law. The conference brought together scholars from a number of countries to examine a series of current issues in international migration law - a topic which continues to be of major importance worldwide. The collection aims to widen horizons in the debate and assist in achieving an understanding of the fact, often forgotten by those who prefer rhetoric to understanding, that migration is a truly global phenomenon. While Europe is at the forefront of population changes and debates on the control and management of migration, there are major issues and crises in many areas across the globe, and various contributions to this volume rightly draw attention to them.

International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.

International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.

Fundamentals of International Migration is prepared as a textbook for undergraduate and postgraduate courses/modules. This book is a collection of articles and book chapters published in various journals and volumes carefully selected to cover a comprehensive range of topics and issues in contemporary human mobility. Students and tutors of the module would find it useful to guide and enhance classroom discussions. There are 8 parts with 28 chapters. Each part of the book begins with a list of essential and further reading to offer a wide range of views and perspectives to the students of international migration. CONTENTS PART 1: Introduction to Migration Studies Chapter 1. A record 65.3 million people were displaced last year: What does that number actually mean? - Jeffrey H. Cohen and Ibrahim Sirkeci Chapter 2. It is all about being happy in search of security - Ibrahim Sirkeci Chapter 3. Europe’s migration crisis: an American perspective - Philip L. Martin Chapter 4. Fleeing from the Global Compact for Migration: A missed opportunity for Italy - Chiara Scissa PART 2: Concepts and Theories in Migration Studies Chapter 5. A Missing Element in Migration Theories - Douglas S. Massey Chapter 6. Transnational mobility and conflict - Ibrahim Sirkeci Chapter 7. “Old” natives and “new” immigrants: beyond territory and history in Kymlicka's account of group-rights - Darian Heim PART 3: Data and Methods in Migration Studies Chapter 8. Social Research Methods: Migration in Perspective - AKM Ahsan Ullah, Md. Akram Hossain, Mohammad Azizuddin, and Faraha Nawaz Chapter 9. Biographical methods in migration research - Theodoros Iosifides and Deborah Sporton Chapter 10. Strengths, Risks and Limits of Doing Participatory Research in Migration Studies - Diana Mata-Codesal, Laure Kloetzer and Concha Maiztegi PART 4: Migration, Security, and Rights Chapter 11. Universalist Rights and Particularist Duties: The Case of Refugees - Per Bauhn Chapter 12. Bordering Practices across Europe: The Rise of “Walls” and “Fences” - Burcu Toğral Koca Chapter 13. Turkey’s Refugees, Syrians and Refugees from Turkey: A Country of Insecurity - Ibrahim Sirkeci PART 5: Migration Politics, Law and Organisations Chapter 14. Turkish Migration Policy at a Glance - Barbara Pusch and Ibrahim Sirkeci Chapter 15. Immigration and Civil Society: New ways of democratic transformation - Óscar García Agustín and Martin Bak Jørgensen Chapter 16. Immigration Policy in the European Union: Still bringing up the walls for fortress Europe? - Petra Bendel Chapter 17. The Case for a Foreign Worker Advisory Commission - Ray Marshall PART 6: Citizenship, Integration, and Diasporas Chapter 18. Migration and Integration: Austrian and California Experiences with Low-Skilled Migrants - Gudrun Biffl and Philip L. Martin Chapter 19. Integration of Syrians: Politics of integration in Turkey in the face of a closing window of opportunity - Onur Unutulmaz Chapter 20. Citizenship and Naturalization Among Turkish Skilled Migrants - Deniz Yetkin Aker Chapter 21. Westphalia, Migration, and Feudal Privilege - Harald Bauder Chapter 22. Naturalisation Policies Beyond a Western focus - Tobias Schwarz Chapter 23. Wrestling with 9/11: Immigrant Perceptions and Perceptions of Immigrants - Caroline Brettell PART 7: Turkey’s Migration Experience Chapter 24. Syrian Crisis and Migration - Pinar Yazgan, Deniz Eroglu Utku, Ibrahim Sirkeci Chapter 25. Demographic Gaps Between Syrian and the European Populations - Murat Yüceşahin and Ibrahim Sirkeci Chapter 26. Turkish Migration in Europe and Desire to Migrate to and from Turkey - Ibrahim Sirkeci and Neli Esipova PART 8: Contemporary Issues Chapter 27. International Mobility, Erotic Plasticity and Eastern European Migrations - Martina Cvajner Chapter 28. Coronavirus and Migration: Analysis of Human Mobility and the Spread of COVID-19 - Ibrahim Sirkeci and M. Murat Yüceşahin

A stimulating survey of the key themes in international migration law.

FOREWORD The International Organization for Migration (IOM) is dedicated to promoting humane and orderly migration worldwide by serving the policy and programme needs of governments and migrants. The challenges of migration management reflect the contemporary challenges posed by migration itself, many of which can be turned into opportunities that can benefit countries of origin, countries of d- tination and migrants themselves. To be effectively managed, migration has to be looked at comprehensively, taking into account its economic, social, humanit- ian, demographic, development, security and normative aspects. The normative approach to migration can be viewed mainly from two dif ferent, but complementary angles. Firstly, there are the principles and standards deriving from State sovereignty, among which are the right to protect borders, to confer nationality, to admit and expel foreigners, to combat trafficking and smuggling and to safeguard national security. Secondly, there are the human rights of the persons involved in migration. These two elements constitute the main pillars of what is generally known and accepted today as ‘international migration law’.

The second revised edition of "Basic Documents on International" "Migration Law" brings together in a single volume the principal international conventions, declarations and instruments governing international migration in the form in which they stood as of early 1997. It contains the texts of these materials (or, where appropriate, extracts from the texts) together with information on the current state of ratification of each instrument and indications of any reservations, interpretative declarations or other statements made by the States parties. The book begins with excerpts from general multilateral texts, ranging from the Universal Declaration of Human Rights to the Vienna Declaration of 1993. This is followed by instruments governing nationality and statelessness; materials relating to refugees; and texts emanating from the Council of Europe, the Conference on Security and Cooperation in Europe, the European Community and Union and the International Labour Organization. The selection ends with a miscellany of texts of general significance, from the Inter-American Convention on Territorial Asylum of 1954 to the Convention of Human Rights concluded by the Commonwealth of Independent States in 1995. This publication is not intended for scholars alone, but also for practitioners in migration law. The texts are of practical significance for those concerned with the administration of the laws affecting migration and for representatives of those affected by these laws. It also serves as a companion to Richard Plender's monograph, "International Migration Law."

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