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This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.
Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strat
In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.
Providing a comprehensive multidisciplinary analysis of key issues in the field, this topical Research Handbook explores asylum and migration policy in a global context. Bringing together a diverse collection of experts, Jane Freedman and Glenda Santana de Andrade outline national, regional and international responses to refugees and forced migration. The Research Handbook examines how asylum and refugee policies have evolved since the 1951 Refugee Convention, and why gaps remain in protection. Chapters cover historical approaches and geopolitical contexts, explore key regional issues such as the Common European Asylum System, and consider thematic questions surrounding securitisation, violence and resistance, and intersectionality. This forward thinking Research Handbook concludes with an analysis of new and emerging issues which will be vital for the future of asylum and refugee policy, including how to protect climate change refugees and the impact of pandemics. Interdisciplinary in scope, this Research Handbook is invaluable for students and scholars of human rights, migration, development studies, and political science, alongside asylum and refugee policymakers.
This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.
Moving away from state categorizations on irregular migration, this Research Handbook critically examines processes and dynamics that generate and reproduce irregularity, and discusses who may count as an irregular migrant.
More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary. The journal itself is the basis for the book: authors who have written the most significant contributions for the journal on the relevant issues to the Area of Freedom Security and Justice (AFSJ) have revised and updated their articles in light of current developments. These are supplemented with new chapters on issues which have turned out to be particularly important to the development of the field. The success of the journal has demonstrated the need for informed, independent academic research on the changing nature of immigration and asylum in Europe, and this volume too seeks to meet that need. It offers a unqiue and lively collection of essays covering the field of EU immigration and asylum law from a variety of perspectives.
A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This Research Handbook explores the principles underlying fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them. Organised into three parts, their contributions examine the current state of the law as well as the direction of future developments in the field. The first part discusses the normative and doctrinal framework for the protection of human rights in the EU. The second part focuses on EU external relations and on the interaction between EU law and other sources of human rights rules such as the European Convention on Human Rights and international law. Finally, the third part considers the influence of human rights in areas where the EU takes action. Timely and astute, this Research Handbook will appeal to students and scholars of European law and human rights law. It will also prove a valuable and comprehensive resource for practitioners, policymakers, NGO and government officials. Contributors include: M. Bobek, S. Bogojevic, M. Cartabia, S.A. de Vries, S. Douglas-Scott, A. Egan, M. Fichera, J. Fraczyk, X. Groussot, E. Guild, N. Hatzis, L. Khadar, T. Lock, S. Ninatti, A. O'Neill, L. Pech, S. Peers, N.N. Shuibhne, S. Smismans, V. Smith, K. Tuori, A.H. Türk, A. Ward, S. Weatherill, L. Woods, A.L. Young, K.S. Ziegler
This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.