The Migration Law Specialization Programme

2021 ◽  
pp. 216-222
Author(s):  
Věra Honusková
Keyword(s):  
Migration Law

From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland

2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre
Keyword(s):  
General Rule ◽  
The State ◽  
The Other ◽  
Specific Field ◽  
Widespread Phenomenon ◽  
Judicialization Of Politics ◽  
The Uk ◽  
Migration Law

Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

scholarly journals THE ENDURING VULNERABILITY OF MIGRANT DOMESTIC WORKERS IN EUROPE

2013 ◽  
Vol 62 (3) ◽  
pp. 599-627 ◽  
Author(s):  
Clíodhna Murphy
Keyword(s):  
International Law ◽  
Migrant Workers ◽  
Domestic Workers ◽  
Employment Law ◽  
The United Kingdom ◽  
Regulatory Frameworks ◽  
Labour Standards ◽  
And Migration ◽  
Migration Law ◽  
Migrant Domestic Workers

AbstractWhile the rights of domestic workers are expanding in international law, including through the adoption of the ILO Domestic Workers Convention in 2011, migrant domestic workers remain particularly vulnerable to employment-related abuse and exploitation. This article explores the intersection of the employment law and migration law regimes applicable to migrant domestic workers in the United Kingdom, France and Ireland. The article suggests that the precarious immigration status of many migrant domestic workers renders employment protections, such as they exist in each jurisdiction, largely illusory in practice for this group of workers. The labour standards contained in the Domestic Workers Convention, together with the recommendations of the UN Committee on Migrant Workers on the features of an appropriate immigration regime for migrant domestic workers, are identified as providing an alternative normative model for national regulatory frameworks.

scholarly journals Using Global Migration Law to Prevent Human Trafficking

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 147-152
Author(s):  
Janie A. Chuang
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Sex Trafficking ◽  
Organised Crime ◽  
Trafficking In Persons ◽  
Labor Trafficking ◽  
Global Migration ◽  
Women And Children ◽  
International Laws ◽  
Migration Law

Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty—the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol). Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable—if not encourage—the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights violations for which access to protection and redress is limited. Failing to attend to these “lesser” abuses creates and sustains vulnerability to trafficking.

A gas migration law study of a large-scale 3D physical similarity simulation with an adaptive Kalman filter algorithm

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Yuyu Hao ◽  
Shugang Li ◽  
Tianjun Zhang
Keyword(s):  
Kalman Filter ◽  
Large Scale ◽  
Gas Migration ◽  
Adaptive Kalman Filter ◽  
Physical Similarity ◽  
Content Type ◽  
Gas Concentration ◽  
Rock Formation ◽  
Concentration Estimation ◽  
Migration Law

Purpose In this study, a physical similarity simulation plays a significant role in the study of crack evolution and the gas migration mechanism. A sensor is deployed inside a comparable artificial rock formation to assure the accuracy of the experiment results. During the building of the simulated rock formation, a huge volume of acidic gas is released, causing numerous sensor measurement mistakes. Additionally, the gas concentration estimation approach is subject to uncertainty because of the complex rock formation environment. As a result, the purpose of this study is to introduce an adaptive Kalman filter approach to reduce observation noise, increase the accuracy of the gas concentration estimation model and, finally, determine the gas migration law. Design/methodology/approach First, based on the process of gas floatation-diffusion and seepage, the gas migration model is established according to Fick’s second law, and a simplified modeling method using diffusion flux instead of gas concentration is presented. Second, an adaptive Kalman filter algorithm is introduced to establish a gas concentration estimation model, taking into account the model uncertainty and the unknown measurement noise. Finally, according to a large-scale physical similarity simulation platform, a thorough experiment about gas migration is carried out to extract gas concentration variation data with certain ventilation techniques and to create a gas chart of the time-changing trend. Findings This approach is used to determine the changing process of gas distribution for a certain ventilation mode. The results match the rock fissure distribution condition derived from the microseismic monitoring data, proving the effectiveness of the approach. Originality/value For the first time in large-scale three-dimensional physical similarity simulations, the adaptive Kalman filter data processing method based on the inverse Wishart probability density function is used to solve the problem of an inaccurate process and measurement noise, laying the groundwork for studying the gas migration law and determining the gas migration mechanism.

Migration, law, democracy: identifiyng where the risk is

2009 ◽  
pp. 139-150
Author(s):  
Javier de Lucas
Keyword(s):  
Rule Of Law ◽  
Point Of View ◽  
Risk Society ◽  
Structural Factors ◽  
The Rule Of Law ◽  
Poor Countries ◽  
Definition Of ◽  
Sans Papiers ◽  
Migratory Movements ◽  
Migration Law

- This paper focuses on migration, law and democracy in order to identify where risk lies. The author concentrates on studying a recent case, the Directive on the Return of so-called illegal immigrants (sans papiers) approved by the European Parliament on 18 June 2008. The usual point of view, that of the dominant discourse, maintains that today's migratory movements constitute one of the structural factors that justify the definition of our societies as the "Risk Society". According to this point of view, the migratory flows entail a risk for social cohesion and even a destabilising potential for both democracy and the rule of law. The risk is illustrated by the menacing image of invasion threatening at our doors, hence the classical argument of the "demographic bomb" as the resource of poor countries. The author's thesis sustains that it is precisely our responses, in the form of migratory policy tools, that constitute a risk factor. Some of these tools, including this Directive, have become destabilising elements of the rules of the game and, moreover, of the values of the rule of law and of democracy.

Jahrbuch des Migrationsrechts für die Bundesrepublik Deutschland 2020

2021 ◽  
Keyword(s):  
Legal Profession ◽  
Case Law ◽  
Focal Points ◽  
Public Authorities ◽  
Social Law ◽  
Bundesrepublik Deutschland ◽  
National Courts ◽  
Concise Information ◽  
Migration Law

The Yearbook provides concise information on the development of residence, refugee, nationality and social law for foreigners in Germany in the year 2020 in case law, legislation and literature. It reports on the case law of European (ECtHR and ECJ) and national courts, the focal points of institutions active in migration law (DIMR, BAMF and UNHCR), legislation and literature. Contributions on selected problems round off the yearbook. The Yearbook is aimed at those working in migration law in public authorities and non-governmental organisations, in the legal profession, in the courts and in academia. Quality and plurality of perspectives ensure authors from these fields. With contributions by Roland Bank, Prof. Dr. Jürgen Bast, Dr. Ina Bauer, Prof. Dr. Uwe Berlit, Prof. Dr. Harald Dörig, Klaus Hage, Laura Hinder, Dr. Katrin Hirseland, Prof. Dr. Holger Hoffmann, Dr. Michael Hoppe, Prof. Dr. Constanze Janda, Jakob Junghans, Renate Köhler-Rott, Dr. Holger Kolb, Prof. Dr. Winfried Kluth, PD Dr. Roman Lehner, Edith Paintner, Paul Pettersson, Anna Suerhoff, Daniel Valerius, Dr. Oliver Winkler and Dr. Ralph Zimmermann.

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