Download or read book Sovereignty and the Ingress of Aliens written by Gerassimos Fourlanos and published by . This book was released on 1986 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rights of Refugees under International Law written by James C. Hathaway and published by Cambridge University Press. This book was released on 2021-04-22 with total page 1453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.
Download or read book Immigration and the Politics of American Sovereignty 1890 1990 written by Cheryl Lynne Shanks and published by University of Michigan Press. This book was released on 2001-08-13 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be an American? The United States defines itself by its legal freedoms; it cannot tell its citizens who to be. Nevertheless, where possible, it must separate citizen from alien. In so doing, it defines the desirable characteristics of its citizens in immigration policy, spelling out how many and, most importantly, what sorts of persons can enter the country with the option of becoming citizens. Over the past century, the U.S. Congress argued first that prospective citizens should be judged in terms of race, then in terms of politics, then of ideology, then of wealth and skills. Each argument arose in direct response to a perceived foreign threat--a threat that was, in the government's eyes, racial, political, ideological, or economic. Immigration and the Politics of American Sovereignty traces how and why public arguments about immigrants changed over time, how some arguments came to predominate and shape policy, and what impact these arguments have had on how the United States defines and defends its sovereignty. Cheryl Shanks offers readers an explanation for immigration policy that is more distinctly political than the usual economic and cultural ones. Her study, enriched by the insights of international relations theory, adds much to our understanding of the notion of sovereignty and as such will be of interest to scholars of international relations, American politics, sociology, and American history. Cheryl Shanks is Assistant Professor of Political Science, Williams College.
Download or read book Law Power and the Sovereign State written by Michael Ross Fowler and published by Penn State Press. This book was released on 2010-11-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.
Download or read book Immigration Detention and Human Rights written by Galina Cornelisse and published by BRILL. This book was released on 2010 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.
Download or read book Judge Ant nio A Can ado Trindade The Construction of a Humanized International Law written by Antônio Augusto Cançado Trindade and published by Hotei Publishing. This book was released on 2015-01-27 with total page 1910 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. Revisiting the traditional conceptions of the basis of State responsibility and of jurisdiction, the problems of amnesty laws, the prohibitions of jus cogens, the imperative of access to justice in the light of jus cogens, the obligations erga omnes of protection, the provisional measures of protection, locus standi in judicio and the international legal personality of the human person, jus standi and the international legal capacity of the human person, and developments in reparations, are but a few examples of the themes examined in the learned Opinions expressed by Judge Cançado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cançado Trindade at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. The volume includes a Preface by Dean Spielmann and a General Introduction by Andrew Drzemczewski. Two volume set. This title comprises volume 1 & 2. We also offer this title as part of a 3 volume set (isbn 9789004375048).
Download or read book Irregular Migration And Human Rights written by Barbara Bogusz and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays is the outcome of an international conference on Irregular Migration and Human Rights, which gathered together prominent scholars, policy-makers and practitioners working in the migration and human rights field. The objective of the book, in contrast to the prevailing political approach which focuses almost solely on prevention, is to discuss the human rights dimensions of irregular migration from theoretical, European and international perspectives.
Download or read book Research Handbook on International Law and Migration written by Vincent Chetail and published by Edward Elgar Publishing. This book was released on 2014-03-28 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Immigration and the Politics of American Sovereignty 1890 to 1990 written by Cheryl Lynne Shanks and published by . This book was released on 1994 with total page 1084 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Political Practices and International Order written by Stefan Heuser and published by LIT Verlag Münster. This book was released on 2007 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: International order is one of the most challenging issues in political ethics today, and its place within the multifaceted fleld of politics is frequently debated. The diverse phenomena resulting from 'globalisation' - particularly in the wake of the end of the so-called Cold War - urge us to think about our 'world' in terms of a single political entity. Besides the existing international institutions, however, it is still open to question what this entity should be and what concrete political practices should correspond to it. In the essays collected in this book, political scientists, sociologists, philosophers, theologians and policy advisors explore how political practices can be institutionally localised without necessarily becoming incorporated into structures of governance. Political ethics, as presented in this book, seeks to address the particular practices of power, justice, and peace of citizens themselves, and to assess their relevance for the shaping of international insti
Download or read book Mass Refugee Influx and the Limits of Public International Law written by Ann Vibeke Eggli and published by BRILL. This book was released on 2021-11-15 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situations of mass refugee influx represent by their very size and urgency daunting evidence of human suffering and cruelty. Consequently, the level and quality of refugee protection in times of crisis is tested. The choices to be made have to take into due consideration the prevalent conditions and restraints. They will probably always result in compromises. The question is whom or what the compromises are about? The focus in the present volume has been set on a detailed examination of some legal preconceptions commonly found in situations of mass refugee in-migration. The author concludes that situations when refugees arrive en masse do not, as a rule, qualify as a public emergency that threatens the life of the nation under contemporary international human rights law, and that mass expulsion of refugees as an emergency measure is prohibited at all times when this entails the risk of violating rights immune to derogation.
Download or read book Contingent Citizenship written by Sandra Mantu and published by BRILL. This book was released on 2015-09-07 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Contingent citizenship, Sandra Mantu examines the changing rules of citizenship deprivation in the UK, France and Germany from the perspective of international and European legal standards. In practice, two grounds upon which loss of citizenship takes place stand out: fraud in the context of fraudulent acquisition of nationality and terrorism in the context of national security. Newly naturalised citizens and citizens of immigrant origin are mainly targeted by these measures. The resurrection of the importance attached to loyalty as the citizen’s main duty towards his/her state shows that the rules on loss of citizenship are capable of expressing ideals of membership and identity, while the citizenship status of certain citizens remains contingent upon meeting these ideals.
Download or read book Access to Asylum written by Thomas Gammeltoft-Hansen and published by Cambridge University Press. This book was released on 2011-03-17 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
Download or read book Arguing about Asylum written by N. Steiner and published by Springer. This book was released on 2000-08-04 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: In addressing the asylum controversy in Europe today, much of the literature assumes that asylum policies result from the struggle between national interest arguing to tighten asylum and humanitarianism arguing to loosen it. This book challenges this simple tug-of-war image by examining asylum in Germany, Switzerland, and Britain from the late 1970s to the mid 1990s. The findings reveal the complex and often counter-intuitive roles national interest, international norms, and morality play in shaping asylum. It forces us to reconsider how we think about asylum and to explore alternatives to conventional assumptions.
Download or read book Asian Yearbook of International Law Volume 1 1991 written by Sik Ko Swan and published by BRILL. This book was released on 2019-07-22 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of International Law is the first publication primarily dedicated to international law as seen from an Asian perspective. It provides a forum for the publication of articles in the field of international law written by experts from the region, and also other articles relating to Asian topics. Its aim is twofold: to promote the dissemination of knowledge of international law in Asia and to provide an insight into Asian views and practices, which will be especially useful to a non-Asian readership. As a rule, each volume of the Asian Yearbook will contain Articles, Notes, State Practice, a Chronicle of Events and Incidents, United Nations Activities with Special Relevance to Asia, a Survey of Activities of the Asian-African Legal Consultative Committee, a Bibliography and a Documents section.
Download or read book Borders and Freedom of Movement in the Holy Roman Empire written by Luca Scholz and published by Oxford University Press. This book was released on 2020-01-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Holy Roman Empire 'no prince... can forbid men passage in the common road', wrote the English jurist John Selden. In practice, moving through one the most fractured landscapes in human history was rarely as straightforward as suggested by Selden's account of the German 'liberty of passage'. Across the Old Reich, mobile populations-from emperors to peasants-defied attempts to channel their mobility with actions ranging from mockery to bloodshed. In this study, Luca Scholz charts this contentious ordering of movement through the lens of safe conduct, an institution that was common throughout the early modern world but became a key framework for negotiating freedom of movement and its restriction in the Empire. Borders and Freedom of Movement in the Holy Roman Empire draws on sources discovered in twenty archives, from newly unearthed drawings to first-hand accounts by peasants, princes, and prisoners. Scholz's maps shift the focus from the border to the thoroughfare to show that controls of moving goods and people were rarely concentrated at borders before the mid-eighteenth century. Uncovering a forgotten chapter in the history of free movement, the author presents a new look at the unstable relationship of political authority and human mobility in the heartlands of old-regime Europe.
Download or read book Family Life and the Law written by Rebecca Probert and published by Ashgate Publishing, Ltd.. This book was released on 2013-01-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a modern critical approach to bear on the broad range of subjects that used to constitute 'family law.' A key consideration in this collection is the way in which law itself is premised upon, constructing a particular image of the family. By bringing different areas of law together, Probert et al suggest it is possible to explore how differing ideas about 'the family' inform different areas of law. This approach allows Family Life and the Law to analyze the extent to which the law is consistent and/or inconsistent in its concept and treatment of the family across and within disciplines. The book is particularly timely in view of the passage of the Civil Partnership Act 2004, the implications of which reverberate throughout family law and allied disciplines, and the current reconsideration of the position of cohabiting couples.
