Immigration & Asylum Law

2021 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth
Keyword(s):  
Social Impact ◽  
The Political ◽  
Home Office ◽  
Asylum Law ◽  
Strong Focus ◽  
Ninth Edition ◽  
The Law ◽  
Developing Area ◽  
Immigration And Asylum ◽  
Law And Legislation

The ninth edition of Immigration and Asylum Law provides expert coverage of case law and legislation, along with analysis of the political context and social impact of the law and a strong focus on human rights. The volume guides the reader through this constantly developing area of law. Analysis and commentary on the political, social, and historical dimensions of the law brings the subject to life and encourages readers to engage critically with the issues. This edition has been fully updated with recent cases and developments in the law, including the impacts of Brexit and the Covid-19 pandemic on immigration and the asylum process, coverage of the Windrush scandal, and a discussion of the case of Shamima Begum. It also contains important clarification from the higher courts on the interpretation and application of Part 5A of the NIAA 2002, a consideration of the impacts of the hostile (compliant) environment, updated Home Office guidance on Age Assessment and challenges to detained asylum casework, the Home Office Removals Policy, and the new Immigration Bail provisions.

Immigration & Asylum Law

2018 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth
Keyword(s):  
Social Impact ◽  
Case Law ◽  
The Political ◽  
Asylum Law ◽  
Strong Focus ◽  
The Law ◽  
Eighth Edition ◽  
Developing Area ◽  
Immigration And Asylum ◽  
Law And Legislation

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. The eighth edition of the Textbook on Immigration and Asylum Law provides expert coverage of case law and legislation, along with analysis of the political context and social impact of the law, and a strong focus on human rights. The volume guides the reader through this constantly developing area of law. Analysis and commentary on the political, social, and historical dimensions of the law brings the subject to life and encourages readers to engage critically with the issues. This edition has been fully updated with recent cases and developments in the law, including the changes to the powers of removal and rights of appeal in the Immigration Acts 2014 and 2016. It also gives an account of the asylum process, and applications for protection for victims of trafficking.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Property in Human Body Parts

2020 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Human Body ◽  
First Principles ◽  
The Political ◽  
Body Parts ◽  
Cautionary Tale ◽  
Regulatory Approach ◽  
Legal Position ◽  
The Law

This chapter surveys the current legal position concerning property in bodies and bodily materials. Of especial relevance in the current age of advanced genetic and other bio technologies, it looks beyond property in bodies and their materials ‘as such’ to consider also (a) the availability of rights of personal and intellectual property in objects incorporating or derived from them, and (b) the reliance on quasi-property rights of possession and consent to regulate the storage and use of corpses and detached bodily materials, including so-called ‘bio-specimens’. Reasoning from first principles, it highlights the practical and conceptual, as well as the political and philosophical, difficulties in this area, along with certain differences in the regulatory approach of European and US authorities. By way of conclusion, it proposes the law of authors’ and inventors’ rights as simultaneously offering a cautionary tale to those who would extend the reach of property even further than it extends currently and ideas for exploiting the malleability of the ‘property’ concept to manage the risks of extending it.

V. II principio dell’irretroattività della legge nell’esperienza giuridica romana dell’età repubblicana

2021 ◽  
Vol 138 (1) ◽  
pp. 245-273
Author(s):  
Umberto Laffi
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
First Century ◽  
The Political ◽  
Political Struggle ◽  
Dynamic Relationship ◽  
Depth Analysis ◽  
The Law ◽  
Criminal Legislation ◽  
Epigraphic Evidence

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.

Britain’s authoritarian turn

Race & Class ◽  
2021 ◽  
pp. 030639682198918
Author(s):  
Frances Webber
Keyword(s):  
Asylum Seekers ◽  
Home Office ◽  
Legal Accountability ◽  
State Actors ◽  
Overseas Operations ◽  
Immigration And Asylum ◽  
Looking Back

Looking back, in December 2020, at the year since Boris Johnson’s Conservatives were swept back into government with a huge majority, the author identifies a raft of new laws, Home Office measures and government proposals in the fields of policing, crime, and immigration and asylum which embody long-held rightwing projects. Coming on top of already discriminatory practices, these include restrictions on the fundamental right of peaceful protest and freedom from invasive and racist policing, the subjection of migrants and asylum seekers to dangerous and inhumane conditions and the removal of legal protections for asylum seekers. Simultaneously, Bills going through parliament restrict or remove altogether the legal accountability of state actors, including soldiers on overseas operations and police informants, for crimes including torture and murder. Citizens’ recourse to the courts to challenge unlawful ministerial decisions is also under threat.

Regaining Control? The Political Impact of Policy Responses to Refugee Crises

2021 ◽  
pp. 1-34
Author(s):  
Omer Solodoch
Keyword(s):  
Public Opinion ◽  
Causal Effect ◽  
Political Trust ◽  
Sampling Period ◽  
The Political ◽  
Government Control ◽  
Policy Responses ◽  
Immigration And Asylum ◽  
Border Controls ◽  
The Impact

Abstract In response to the political turmoil surrounding the recent refugee crisis, destination countries swiftly implemented new immigration and asylum policies. Are such countercrisis policies effective in mitigating political instability by reducing anti-immigrant backlash and support for radical-right parties? The present study exploits two surveys that were coincidentally fielded during significant policy changes, sampling respondents right before and immediately after the change. I employ a regression discontinuity design to identify the short-term causal effect of the policy change on public opinion within a narrow window of the sampling period. The findings show that both Swedish border controls and the EU–Turkey agreement significantly reduced public opposition to immigration in Sweden and Germany, respectively. In Germany, support for the AfD party also decreased following the new policy. Public opinion time trends suggest that the policy effects were short lived in Sweden but durable in Germany. These effects are similar across different levels of proximity to the border and are accompanied by increasing political trust and a sense of government control over the situation. The findings have implications for understanding the impact of border controls on international public opinion, as well as for assessing the electoral effect of policy responses to global refugee crises.

The impact of Political Parties Law no. 36 of 2015 on requlatinq political parties pluralism in Iraq

2021 ◽  
Author(s):  
Kurdistan Saeed
Keyword(s):  
National Identity ◽  
Political Parties ◽  
Legal Framework ◽  
The Political ◽  
Political Opposition ◽  
The Law ◽  
Lack Of Commitment ◽  
The Impact

This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.

Sign in / Sign up

Export Citation Format

Share Document