The External Dimension of EU Migration and Asylum Policies

2020 ◽  
Keyword(s):  
International Law ◽  
Migration Policy ◽  
Federal Republic Of Germany ◽  
Exchange Students ◽  
Refugee Protection ◽  
Academic Exchange ◽  
The United Kingdom ◽  
Refugee Law ◽  
And Migration ◽  
Migration Law

refugee law that took place in Barcelona. In the spirit of intergenerational academic exchange, students, young researchers, and established experts engage in interdisciplinary discussions on fundamental questions of migration law and migration policy, which have become more virulent than ever since the refugee protection crisis of 2015. European, human rights and international law aspects are supplemented by national perspectives from Belgium, Bulgaria, the Federal Republic of Germany, Italy, Spain, Turkey and the United Kingdom. The entire project sees itself as a laboratory for the exchange of ideas on how modern migration societies can orient themselves towards a sustainable future. With contributions by Claudia Candelmo, Carmine Conte, Francisco Javier Donaire Villa, Arolda Elbasani, Leonard Amaru Feil, Francesco Luigi Gatta, Chad Heimrich, Markus Kotzur, Annalisa Morticelli, David Moya, Claudia Pretto, Andrea Romano, David Fernandez Rojo, Senada Šelo Šabić, Valentina Savazzi, Ülkü Sezgi Sözen and Catharina Ziebritzki.

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 [BOOK REVIEW] Refugees, Regionalism, and Responsibility

2019 ◽  
Vol 06 (03) ◽  
pp. 638-642
Author(s):  
Jenica Alva
Keyword(s):  
International Law ◽  
International Politics ◽  
Law School ◽  
Simple Manner ◽  
Refugee Protection ◽  
Refugee Law ◽  
Innovative Idea ◽  
Durable Solutions

Penelope Mathew is a Professor of International Law and a Dean in Griffith Law School, Australia. She is a profound researcher in refugee law topics. She is admired for her innovative idea to promote regionalism as a tool for governments to leverage better protection for refugees. Studying an underexplored topic, Mathew is able to synthesize the complexity of regionalism in a simple manner to be understood easily by readers. The book is divided into two parts. The first part consists of three sub-parts: (1) regionalism position in international politics and refugee law; (2) philosophical and ethical reasons of states’ responsibility in the case of refugees; and (3) steps and actions for states to share responsibility in handling refugees. The second part looks at the regional arrangements for the protection of refugees in some detail, whether they have resulted in better refugee protection and durable solutions.

What’s in a name? ‘Refugees’, ‘migrants’ and the politics of labelling

Race & Class ◽  
2018 ◽  
Vol 60 (2) ◽  
pp. 40-62 ◽  
Author(s):  
Tazreena Sajjad
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Migration Policy ◽  
Critical Examination ◽  
Security Threats ◽  
European Continent ◽  
The Past ◽  
Refugee Protection ◽  
European Immigration ◽  
European Migration

Through a critical examination of European immigration policy and using the case of Afghan asylum seekers in the European continent, this article argues that the politics of labelling and the criminalisation and securitisation of migration undermine the protection framework for the globally displaced. However, the issue goes deeper than state politicking to circumvent responsibilities under international law. The construction of migrants as victims at best, and as cultural and security threats at worst, particularly in the case of Muslim refugees, not only assists in their dehumanisation, it also legitimises actions taken against them through the perpetuation of a particular discourse on the European Self and the non-European Other. At one level, such a dynamic underscores the long-standing struggle of Europe to articulate its identity within the economic, demographic and cultural anxieties produced by the dynamics of globalisation. At another, these existing constructions, which hierarchise ‘worthiness’, are limited in their reflection of the complex realities that force people to seek refuge. Simultaneously, the labels, and the discourse of which they are part, make it possible for Europe to deny asylum claims and expedite deportations while being globally accepted as a human rights champion. This process also makes it possible for Europe to categorise turbulent contexts such as Afghanistan as a ‘safe country’, even at a time when the global refugee protection regime demands creative expansion. Ultimately, the politics of European migration policy illustrates the evolution of European Orientalist discourse – utilised in the past to legitimise colonisation and domination, now used to legitimise incarceration and deportation.

Part II Sources, Ch.11 Moving Towards an Integrated Approach of Refugee Law and Human Rights Law

2021 ◽  
Author(s):  
Chetail Vincent
Keyword(s):  
Human Rights ◽  
International Law ◽  
Integrated Approach ◽  
Human Rights Law ◽  
Refugee Convention ◽  
Refugee Protection ◽  
Refugee Law ◽  
Gradual Process ◽  
New Perspective ◽  
Human Rights Based Approach

This chapter highlights the interface between human rights law and refugee law. The broader evolution of international law reflects the changing pattern of refugee protection as initially grounded in the Refugee Convention and subsequently informed by human rights treaties. As a result of a gradual process of pollination, human rights law has shaped, updated, and enlarged refugee law. While revamping the basic tenets of the Refugee Convention, it has become the normative frame of reference. Refugee law and human rights law are now so interdependent that they are bound to work in tandem. Their intermingling paves the way for a human rights-based approach to refugee protection. Instead of regarding the two branches of international law as silos, this new perspective offers a broader vision of refugee protection. This comprehensive design acknowledges that refugee law and human rights law complement and reinforce each other within one single continuum of protection.

Nannies, Migration and Early Childhood Education and Care

2016 ◽  
Author(s):  
Elizabeth Adamson
Keyword(s):  
Early Childhood ◽  
United Kingdom ◽  
Early Childhood Education ◽  
Migration Policy ◽  
Family Day Care ◽  
Childhood Education ◽  
Standard Work ◽  
The United Kingdom ◽  
Education And Care ◽  
And Migration

Once considered the preserve of the wealthy, nanny care has grown in response to changes in the labour market, including the rising number of mothers with young children, and increases in non-standard work patterns. This book examines the place of in-home childcare, commonly referred to as care by nannies, in Australia, the United Kingdom and Canada since the 1970s. In contrast to childminding or family day care provided in the home of the carer, in-home care takes place in the child’s home. The research extends beyond the early childhood education and care domain to consider how migration policy facilitates the provision of childcare in the private home. New empirical research is presented about in-home childcare in Australia, the United Kingdom and Canada, three countries where governments are pursuing new ways to support the recruitment of in-home childcare workers through funding, regulation and migration. The compelling policy story that emerges illustrates the implications of different mechanisms for facilitating in-home childcare - for families and for care workers. It proposes that these differences are shaped by both structural and normative understandings about appropriate forms of care that cut across gender, class/socioeconomic status and race/migration. Overall, it argues that greater attention needs to be given to the way childcare work in the private home is situated across ECEC and migration policy.

Refugee Law in Crisis

2018 ◽  
Author(s):  
Eddie Bruce-Jones
Keyword(s):  
United Kingdom ◽  
State Violence ◽  
Border Control ◽  
Refugee Convention ◽  
Refugee Protection ◽  
The United Kingdom ◽  
Refugee Law ◽  
The Way

This chapter aims to critically interrogate foundational aspects of refugee law from a decolonial perspective. Considered within the context of contemporary debates on counterterrorism and border control in the United Kingdom, it argues that the way we conceptualize violence within the broader project of refugee protection underpins our complicity in the global ordering of violence and suffering. The chapter aims to reveal this dynamic and to propose teaching and conceptualizing of refugee law in a way that frames state violence more broadly than the ‘persecution’ detailed in the Refugee Convention. This approach seeks to ensure that the violence facing the refugee is not seen through the lenses of exceptionalism and crisis that govern refugee law, but rather within the broader frameworks of criminalization and the racial and economic structures of colonialism.

Effects of International Law on Migration Policy and Practice: The uses of Hypocrisy

1989 ◽  
Vol 23 (3) ◽  
pp. 547-578 ◽  
Author(s):  
David A. Martin
Keyword(s):  
International Law ◽  
International Institutions ◽  
Migration Policy ◽  
Soft Law ◽  
Policy And Practice ◽  
Modern Times ◽  
Refugee Law ◽  
Domestic Courts ◽  
Near Term

Classical learning recognizes no role for international law in affecting migration policy and practice, but in modern times the salutary effects are increasing, although they remain modest. International law influences migration policy primarily through effective invocation of various forms of “soft law” in internal and international political forums. More limited prospects exist for beneficial changes enforced by international institutions and domestic courts. The article cautions against inflated expectations in the latter settings, however, particularly because overly ambitious claims can be counterproductive. It then offers a few predictions about near-term effects of international law, having to do with departures from a country, refugee law and the integration of migrants into their new homelands.

scholarly journals The Contested Boundaries of Emerging International Migration Law in the Post-Pandemic

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 349-353
Author(s):  
Ian M. Kysel ◽  
Chantal Thomas
Keyword(s):  
International Law ◽  
International Migration ◽  
Human Mobility ◽  
The Status ◽  
Transnational Civil Society ◽  
And Migration ◽  
Border Controls ◽  
Activist Movements ◽  
State Responses ◽  
Migration Law

One measure of how and whether the COVID-19 pandemic reshapes the emerging field of international migration law will be the extent to which transnational civil society and activist movements can counteract the intensification of state border controls that the pandemic has triggered. Before the pandemic, transnational efforts to establish a new normative framework for migration seemed to be accelerating. These efforts included new, if non-binding, global compacts on refugees and migration, and new, if modest, efforts at facilitating global cooperation, alongside innovative approaches to scholarly engagement. Such developments arguably contributed to an emerging framework for protecting migrants under international law. Has the pandemic defeated this potential? State responses to the pandemic have eschewed multilateralism, brought migration to a near standstill, and ignored well-established human rights obligations. Moreover, states are poised to deploy a range of new border management technologies and even more assertively manage migration in the name of “health proofing” borders. Yet at the same time, some progressive state practices have emerged alongside a call from the UN Secretary-General to “reimagine human mobility for the benefit of all.” In this essay, we chart some areas of potentially progressive expansion beyond the status quo, noting not only the substance but also the process by which these norms are emerging.

Sign in / Sign up

Export Citation Format

Share Document