Law Migration And Human Mobility

"This book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders, and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies, this book pushes the idea of migration law towards a more general concepts of mobility that encompass the various processes, effects, and consequences of movement in a globalized world. In this respect, the book pursues a shift in perspective on how law is understood. Drawing on the concepts of 'kinology' and 'kinopolitics' developed by Thomas Nail as well as 'mobility justice' developed by Mimi Sheller, the book considers movement and motion as a constructive force behind political and social systems; and hence stability that needs to be explained and justified. Tracing the processes through which static forms, such as state, citizenship, or border, are constructed and how they partake in production of differential mobility the book challenges the conventional understanding of migration law. More specifically, and in revealing its contingent and unstable nature, the book reveals how human mobility is itself constitutive of law. This interdisciplinary book will appeal to those working in the areas of migration and refugee law, citizenship studies, mobility studies, legal theory, and sociolegal studies"--

This book employs methods from comparative law to analyze voluntary migration, exploring the free movement of immigrants and their freedom of settlement under Brazilian and Mercosul law, as well as under German law and the European Union’s legal framework on migration. It discusses the level of protection granted to immigrants in terms of their right to enter and stay in Brazil and Mercosul, using German legislation and the EU’s legal framework on migration for comparison. Accordingly, the book will help migration researchers to understand not only the structure and rationale of migration law in Brazil, especially after the entry into force of its recent Migration Law in 2017, but also its relation to EU and German provisions on voluntary migration. It demonstrates how the differing natures of the migration law adopted by Brazil and Germany have led to different approaches and, consequently, different levels of protection for immigrants.

This is a reprint of the Special Issue The Rule of Law and Human Mobility in the Age of the Global Compacts: Relativising the Risks and Gains of Soft Normativity?, which hosts nine contributions that critically dive in the normative, administrative, and judicial obstacles and potential standing of the legal framework and implementation setting of the Global Compact for Safe, Orderly, and Regular Migration (GCM) and the Global Compact for Refugees (GCR). The following four thematic clusters are proposed: 1. The justiciability of the actionable commitments under the Global Compacts before domestic courts as a threshold for the degree of judicial protection for migrants and refugees; 2. How human rights treaties and the Global Compacts are connected might matter for the level of rights protection; 3. Externalized migration policies and border management as a threat for the regional scope of human rights and as a risk factor for the rule of law; and 4. Data-driven and evidence-based migration policies, including digital technology as facilitators for standardizing migration and asylum decisions. By inquiring into human rights protection at the boundaries of the political commitments under the Global Compacts, this reprint engages in a conversation about the confinements that migrants and refugees encounter when accessing their substantive and procedural rights and encourages legal science/scholars to map an emerging field of study within global migration governance.

How should we respond to the worst refugee crisis since the World War II? What are our duties towards refugees, and how should we distribute these duties among those at the receiving end of the refugee flow? What are the relevant political solutions? Are some states more responsible for creating the current refugee situation, and if so, should they also carry a larger burden on solving this situation? Is people smuggling always morally wrong? Are some groups, for example children, owed more than others, and should we thus take active measures to remove them from conflict zones? How are the existing refugee regimes, in Europe, North-America, or Australia, challenged by the current crisis? Are some of their measures more justified than others? Refugee Crisis: The Borders of Human Mobility discusses the various ethical dilemmas and potential political solutions to the ongoing refugee crisis, providing both theoretical and practical reflections on the current crisis, as well as the ways in which this crisis has been handled in public debate. The contributors to the volume include some of the most prominent political theorists and experts on the current refugee situation, as well as some of the upcoming young scholars working on the theme. This book was originally published as a special issue of the Journal of Global Ethics.

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

This book examines whether a global consensus is emerging on climate change and human mobility and presents evidence of a slow-moving but dynamic, step-by-step process of international policy development on climate-related mobility. Naser reviews the range of solutions offered to address climate-related mobility problems, such as extending the 1951 UN Refugee Convention, adopting an additional protocol to the UNFCCC or creating a new international treaty to support those facing climate-related migration and displacement problems. He examines the accumulating stock of international policies and initiatives relevant to climate-related mobility using a framework of six policy areas: human rights, refugees, climate change, disaster risk reduction, migration,and sustainable development. He uses this framework to define and summarise the main UN actions and milestones on climate-related mobility. Despite the difficult context affecting the global community of worsening climate change impacts and human rights under threat, Naser asserts that the foundations of global consensus on climate-related mobility have been built, particularly in the last decade. This book will be of great relevance to students, scholars and policy-makers with an interest in the increasing interface between climate change and human mobility policy issues.

Climate Change already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection. Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration. This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.