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Migrant Rights and Migrant Wrongs. Bilateral Relations, Asylum and Security Under the Safe Third Country Agreement

Author : Jasmin Lilian Diab
Publisher :
Page : 270 pages
File Size : 17,17 MB
Release : 2021-07
Category :
ISBN : 9783959355704

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Over the past decades, there have been several amendments to the US and Canada's immigration and refugee policies, as well as major developments across the disciplines of international migration and refugee law. This study tackles the Safe Third Country Agreement (STCA) between the US and Canada, which effectively entered into force in the year 2004. The study examines the trajectory of this agreement, the debates and arguments that surrounded it during its early stages, as well as how these debates have evolved alongside developing forced migration realities since the STCA's implementation. It looks into whether or not these developments challenge the STCA, render it ineffective, and consequently put US-Canadian relations into question. It addresses international mechanisms, local realities and bilateral factors, which contribute to the refugee/migration debate between the two states - namely the 1951 Refugee Convention and the 1967 Protocol. It aims to determine the extent to which the international refugee crisis, the Trump Administration, and developments in international law have affected the status of the STCA and subsequently, the relationship between the US and Canada.

Are Human Rights for Migrants?

Author : Marie-Benedicte Dembour
Publisher : Routledge
Page : 265 pages
File Size : 49,18 MB
Release : 2011-05-27
Category : Business & Economics
ISBN : 1136700080

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Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms.

Glossary on Migration

Author : International Organization for Migration
Publisher : UN
Page : 82 pages
File Size : 24,65 MB
Release : 2004
Category : Law
ISBN :

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It is increasingly acknowledged that migration issues need a co-ordinated approach, with discussions being undertaken at bilateral levels, as well as at regional and global levels. This publication seeks to establish a common understanding about the terms and concepts used in the field of migration, in order to establish a useful tool to help further international cooperation on this topic.

Weapons of Mass Migration

Author : Kelly M. Greenhill
Publisher : Cornell University Press
Page : 357 pages
File Size : 47,66 MB
Release : 2011-06-23
Category : Social Science
ISBN : 0801457424

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At first glance, the U.S. decision to escalate the war in Vietnam in the mid-1960s, China's position on North Korea's nuclear program in the late 1990s and early 2000s, and the EU resolution to lift what remained of the arms embargo against Libya in the mid-2000s would appear to share little in common. Yet each of these seemingly unconnected and far-reaching foreign policy decisions resulted at least in part from the exercise of a unique kind of coercion, one predicated on the intentional creation, manipulation, and exploitation of real or threatened mass population movements. In Weapons of Mass Migration, Kelly M. Greenhill offers the first systematic examination of this widely deployed but largely unrecognized instrument of state influence. She shows both how often this unorthodox brand of coercion has been attempted (more than fifty times in the last half century) and how successful it has been (well over half the time). She also tackles the questions of who employs this policy tool, to what ends, and how and why it ever works. Coercers aim to affect target states' behavior by exploiting the existence of competing political interests and groups, Greenhill argues, and by manipulating the costs or risks imposed on target state populations. This "coercion by punishment" strategy can be effected in two ways: the first relies on straightforward threats to overwhelm a target's capacity to accommodate a refugee or migrant influx; the second, on a kind of norms-enhanced political blackmail that exploits the existence of legal and normative commitments to those fleeing violence, persecution, or privation. The theory is further illustrated and tested in a variety of case studies from Europe, East Asia, and North America. To help potential targets better respond to—and protect themselves against—this kind of unconventional predation, Weapons of Mass Migration also offers practicable policy recommendations for scholars, government officials, and anyone concerned about the true victims of this kind of coercion—the displaced themselves.

U.S. Immigration Policy

Author : Council on Foreign Relations. Independent Task Force on U.S. Immigration Policy
Publisher : Council on Foreign Relations
Page : 165 pages
File Size : 39,70 MB
Release : 2009
Category : Political Science
ISBN : 0876094213

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Few issues on the American political agenda are more complex or divisive than immigration. There is no shortage of problems with current policies and practices, from the difficulties and delays that confront many legal immigrants to the large number of illegal immigrants living in the country. Moreover, few issues touch as many areas of U.S. domestic life and foreign policy. Immigration is a matter of homeland security and international competitiveness, as well as a deeply human issue central to the lives of millions of individuals and families. It cuts to the heart of questions of citizenship and American identity and plays a large role in shaping both America's reality and its image in the world. Immigration's emergence as a foreign policy issue coincides with the increasing reach of globalization. Not only must countries today compete to attract and retain talented people from around the world, but the view of the United States as a place of unparalleled openness and opportunity is also crucial to the maintenance of American leadership. There is a consensus that current policy is not serving the United States well on any of these fronts. Yet agreement on reform has proved elusive. The goal of the Independent Task Force on U.S. Immigration Policy was to examine this complex issue and craft a nuanced strategy for reforming immigration policies and practices.

Multilayered Migration Governance

Author : Rahel Kunz
Publisher : Taylor & Francis
Page : 345 pages
File Size : 47,65 MB
Release : 2011-03-03
Category : Law
ISBN : 113680417X

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Examines the use of migration partnerships as a new tool in the political management of migration flows.

Immigration Policy and the Terrorist Threat in Canada and the United States

Author : A. Alexander Moens
Publisher : The Fraser Institute
Page : 256 pages
File Size : 39,98 MB
Release : 2008
Category : Political Science
ISBN : 0889752354

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"In June 2007, the Fraser Institute held a conference in Toronto, Ontario, titled, "Immigration Policy, Border Controls, and the Terrorist Threat In Canada and the United States."The chapters in this volume, which arose from this conference, raise fundamental questions about weaknesses in Canada's current immigration policies and procedures." "The contributors to this volume identify serious threats and weaknesses in the immigration, asylum, and border regimes from both Canadian and American perspectives. The authors are not opposed to effectively managed immigration or allowing genuine refugees who pose no security threat to enter the country through a well-vetted system. All believe that the vast majority of immigrants pose no danger, but are simply seeking to improve their freedom and prosperity. Nevertheless given the stakes raised by terrorist attacks, the entry of even a small number of potentially dangerous individuals should warrant major attention and policy review."--BOOK JACKET.

The Readmission of Asylum Seekers under International Law

Author : Mariagiulia Giuffré
Publisher : Bloomsbury Publishing
Page : 408 pages
File Size : 32,1 MB
Release : 2020-02-20
Category : Law
ISBN : 1509902503

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This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.

International Migration Law

Author : Ryszard Cholewinski
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 11,61 MB
Release : 2014-10-30
Category : Law
ISBN : 9789067049467

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FOREWORD The International Organization for Migration (IOM) is dedicated to promoting humane and orderly migration worldwide by serving the policy and programme needs of governments and migrants. The challenges of migration management reflect the contemporary challenges posed by migration itself, many of which can be turned into opportunities that can benefit countries of origin, countries of d- tination and migrants themselves. To be effectively managed, migration has to be looked at comprehensively, taking into account its economic, social, humanit- ian, demographic, development, security and normative aspects. The normative approach to migration can be viewed mainly from two dif ferent, but complementary angles. Firstly, there are the principles and standards deriving from State sovereignty, among which are the right to protect borders, to confer nationality, to admit and expel foreigners, to combat trafficking and smuggling and to safeguard national security. Secondly, there are the human rights of the persons involved in migration. These two elements constitute the main pillars of what is generally known and accepted today as ‘international migration law’.