The politics of migration law: interests, ideas, and institutions

Author(s):  
Irene Bloemraad
2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre

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.


1997 ◽  
Vol 38 (2) ◽  
pp. 185-206 ◽  
Author(s):  
Luc de Heusch

In spite of recent criticisms the concept of ethnicity should be retained in anthropological analysis to designate more or less coherent cultural entities. These entities will be fluctuating, of course, due to their position in a larger social space where women, goods, ideas, and institutions are exchanged. Ethnicity is not, as some have argued, a colonial invention, but an incontestable anthropological fact, where identity is nurtured by otherness. Ethnicity does not of itself have a political vocation: traditional African states were more often than notpluri-ethnic. The ‘national’ phenomenon, the convergence of the State and ethnicity, is rare in pre-colonial African history. The nation-state is a modern phenomenon, the product of a more or less arbitrary manipulation by an elite having a certain number of ethnic traits; a political re-modelling of collective identity.


2013 ◽  
Vol 62 (3) ◽  
pp. 599-627 ◽  
Author(s):  
Clíodhna Murphy

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.


AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 147-152
Author(s):  
Janie A. Chuang

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.


2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Yuyu Hao ◽  
Shugang Li ◽  
Tianjun Zhang

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.


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