Download or read book Security of Residence of Long term Migrants written by C. A. Groenendijk and published by Council of Europe. This book was released on 1998-01-01 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes separate chapters on the law affecting immigrants in 18 European countries

Download or read book Who is a Refugee written by Dirk Vanheule and published by BRILL. This book was released on 2023-12-11 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative study of refugee case law in Europe and North America. Nearly five thousand decisions were recorded and one thousand five hundred have been considered in the national reports. This descriptive work is followed by a more analytical part, offering a new way to interpret the definition of a refugee based on three elements: Risk, Persecution and Proof (R.P.P.), summarized in the `Theory of the Three Scales'. This book will be of great interest to organisations, practitioners and decisions makers in Refugee Law, and to scholars of Comparative Law. Of related interest: Europe and Refugees: A Challenge?/L'Europe et les réfugiés: un défi?, edited by Jean-Yves Carlier and Dirk Vanheule (Kluwer Law International, 1997, 90-411-0347-3), contains a collection of essays analysing the plight of refugees today, paying particular attention to the situation in Europe, and to the new European treaties such as the Dublin Convention, the Schengen Agreement and the Resolution of the European Union.

Download or read book The Limits of Transnational Law written by Guy S. Goodwin-Gill and published by Cambridge University Press. This book was released on 2010-03-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

Download or read book International Refugee Law and the Protection of Stateless Persons written by Michelle Foster and published by Oxford University Press. This book was released on 2019-04-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Refugee Law and the Protection of Stateless Persons examines the extent to which the 1951 Convention relating to the Status of Refugees protectsde jure stateless persons. While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status. The questions addressed include the following: When is a person 'without a nationality' for the purpose of the 1951 Refugee Convention? What constitutes one's country of former habitual residence as a proxy to one's country of nationality? When does being stateless give rise to a well-founded fear of persecution for reasons specified in the 1951 Refugee Convention and/or UNHCR mandate? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? How are courts assessing individual risk or threat to stateless persons? The book draws on historical and contemporary interpretation of international law based on the travaux préparatoires to the 1951 Refugee Convention and its antecedents, academic writing, UNHCR policy and legal documents, UN Human Rights Council resolutions, UN Human Rights Committee general comments, UN Secretary General reports, and UN General Assembly resolutions. It is also based on original comparative analysis of existing jurisprudence worldwide relating to claims to refugee status based on or around statelessness. By examining statelessness through the prism of international refugee law, this book fills a critical gap in existing scholarship.

Download or read book International Refugee Law written by H?ne Lambert and published by Routledge. This book was released on 2017-07-05 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.

Download or read book Security of Residence and Expulsion written by Elspeth Guild and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although all European states grant some form of secure residence status to foreign nationals, substantial differences persist among them in the rights pertaining to that status, the grounds for losing it, and the degree of protection against expulsion. This volume explores the law protecting aliens in Europe under four headings: - The legal framework provided at the European level by the European Convention on Human Rights (especially Articles 3 and 8), its case law, and various subsidiary instruments of the Council of Europe; evolving European Union law based on the principle of freedom of movement, agreements between the EU and non-member states, and the 1997 draft convention on migration policies; and the implementation of this supra-national law at the national level; - The effect in the Nordic region and the Common Travel Area of the abolition of border controls, with special attention to the question of compensatory measures; - The issue of double jeopardy arising from the use of expulsion in conjunction with a criminal sentence, as illustrated in French and German case law; - The legal `balancing act' required in many cases to protect the public interest without violating a person's legitimate right to a secure residence, taking into consideration the potentially conflicting interests of the receiving state and the foreign national. Security of Residence and Expulsion: Protection of Aliens in Europe offers clear guidelines for policymakers on harmonising the principles underlying legislation in this area of critical and growing importance in European life. It will be of great value to practitioners and academics concerned with the extension of existing rules governing security of residence and protection against expulsion for long-term immigrants and their families.

Download or read book Immigration Law in the European Community written by Elspeth Guild and published by BRILL. This book was released on 2021-10-18 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration law continues to be an issue of substantial interest in the European Union. The institutions and the Member States are formulating the type of immigration law which the Union will have following the substantial move of competence in the field from Member State level to the Union with the amendments to the EC Treaty introduced by the Treaty of Amsterdam in 1999. This is a particularly important period within which to take stock of the existing immigration law of the European Union and how it has been developed. In order to understand the current law and lay the foundations for the future, a historical analysis of the development of European Union immigration law is needed. This volume charts the development of European Community immigration law from the conclusion of the EEC Treaty to the present day, first focussing on the development of the law relating to Community nationals and their third country national dependents, then looking at the extension of Community immigration law to third country nationals through agreements between their states of origin and the EC. Special attention is given to the rights of Turkish workers under the agreement between Turkey and the EC and the possibilities of residence and economic activity for nationals of the Central and Eastern European countries under the Europe Agreements. The centre of analysis of this book is the individual migrant: what are the rights and duties of the individual and what is his or her relationship of rights on the one hand with the Member State and on the other hand with the European Community? This book examines the structure and content of European Community immigration law from the perspective of the individual most closely affected by that law.

Download or read book Digital Borders and Real Rights written by Evelien Renate Brouwer and published by BRILL. This book was released on 2008 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its launch in 1995, the majority of personal data held in the Schengen Information System (SIS) concerns third-country nationals to be refused entry to the Schengen territory. This study reveals why the use of the SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination. This study describes the implementation of the SIS in respectively France, Germany, and the Netherlands and the available legal remedies in both data protection and immigration law. On the basis of three general principles of European law, minimum standards are developed for effective remedies for individuals registered in the SIS, but also other databases such as Eurodac or the Visa Information System.

Download or read book Acquisition and Loss of Nationality written by Rainer Bauböck and published by Amsterdam University Press. This book was released on 2006 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nationality and citizenship have been subjects of stormy policy debates in many EU countries in recent years. Concerns over the integration of immigrants, but also attempts to forge links with emigrants, have led to changes in the laws regulating loss and acquisition of nationality and citizenship. This title outlines the research conducted by a team of 30 researchers into the nationality laws and their implementation in 15 EU member states. Acquisition and Loss of Nationality - Volume 1 presents the results of a systematic comparative analysis. It uses a novel methodology that permits a detailed comparison how nationality can be acquired or lost across all 15 countries. The results show divergent trends towards liberalization in some countries and new restrictions of access to nationality in others. The book examines the impact of international and European law, presents statistical data on naturalization and assesses administrative practices. Although the European Union has no formal competence in regulating nationality, the nationality laws of member states are linked to each other via the common citizenship of the Union. Member States should therefore agree on common norms for their nationality laws. The book contains detailed policy recommendations based on the idea that stakeholders in the political community should be given access to nationality. Studies of each country's nationality law are published separately in "http://www.aup.nl/do.php?a=show_visitor_book & isbn=9789053569214" & gt; Volume 2. Additional material including detailed statistics and further comparative analyses of legal regulations of nationality is available at "http://www.imiscoe.org" & gt;www.imiscoe.org. Volume 1 & amp; 2 are also available as a set, "http://www.aup.nl/do.php?a=show_visitor_book & amp;isbn=9789053569498 & amp;l=2" & gt;click here for more information. This is the most comprehensive comparative study of the legal status of nationality so far and it will become an indispensable source of reference for further research. For more information see: "http://www.imiscoe.org/natac/" & gt;http://www.imiscoe.org/natac.

Download or read book Ulrich s International Periodicals Directory written by Carolyn Farquhar Ulrich and published by . This book was released on 2000 with total page 2464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume for 1947 includes "A list of clandestine periodicals of World War II, by Adrienne Florence Muzzy."

Download or read book The Legal Status of Persons Admitted for Family Reunion written by Steve Peers and published by Council of Europe. This book was released on 2000-01-01 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family reunification is one of the major sources of immigration in most European states. This study does not examine admission policy with regard to family members. It focuses on the status granted once they have arrived. This study describes, analyses and compares national immigration rules and practices. It also includes a brief description of the main European provisions on the rights of admitted family members.

Download or read book Eloignement Et la D tention Des trangers Dans Les tats Membres de L Union Europ enne written by Bruno Nascimbene and published by . This book was released on 2001 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Se estudian las leyes migratorias en los países miembros de la Unión Europea especialmente las relacionadas con medidas de expulsión y detención administrativa.

Download or read book The Political Economy of Managed Migration written by Georg Menz and published by OUP Oxford. This book was released on 2010-12-16 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: European governments have re-discovered labour migration, but are eager to be perceived as controlling unsolicited forms of migration, especially through asylum and family reunion. The emerging paradigm of managed migration combines the construction of more permissive channels for desirable and actively recruited labour migrants with ever more restrictive approaches towards asylum seekers. Non-state actors, especially employer organizations, trade unions, and humanitarian non-governmental organisations, attempt to shape regulatory measures, but their success varies depending on organizational characteristics. Labour market interest associations' lobbying strategies regarding quantities and skill profile of labour migrants will be influenced by the respective system of political economy they are embedded in. Trade unions are generally supportive of well-managed labour recruitment strategies. But migration policy-making also proceeds at the European Union (EU) level. While national actors seek to upload their national model as a blueprint for future EU policy to avoid costly adaptation, top-down Europeanization is re-casting national regulation in important ways, notwithstanding highly divergent national regulatory philosophies. Based on field work in and analysis of primary documents from six European countries (France, Italy, United Kingdom, Ireland, Germany, and Poland) this book makes an important contribution to the study of a rapidly Europeanized policy domain. Combining insights from the literature on comparative political economy, Europeanization, and migration studies, the book makes important contributions to all three, while demonstrating how migration policy can be fruitfully studied by employing tools from mainstream political science, rather than treating it as a distinct subfield.

Download or read book Cohesi n social en Europa y las Am ricas written by Harlan Koff and published by Peter Lang. This book was released on 2009 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recientemente, muchos observadores de políticas y prácticas de cohesión social han discutido que la globalización ha promovido la convergencia global hacia modelos neo-liberales en este campo. Similarmente, estudiosos y practicionarios de la política regional han contenido que las políticas sociales de Europa representan las "mejores prácticas" a nivel global y por ello han sido promovidas en otras regiones del mundo (por ejemplo en las recientes cumbres UE-Latinoamérica sobre cohesión social), lo que lleva también a la convergencia en la elaboración de la política. Este libro cuestiona estas afirmaciones y se pregunta si distintos enfoques regionales a la cohesión social son todavía pertinentes. El análisis trans-regional comparativo presentado en este volumen está basado en el examen de la competencia entre actores (poder), el papel de la historia y tradiciones sociales (tiempo) y la importancia de límites geográficos a la cohesión social (espacio).

Download or read book Actes Et Documents written by International Institute for the Unification of Private Law and published by . This book was released on 1998 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Dublin Convention on Asylum written by Clotilde Marinho and published by . This book was released on 2000 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Politics of Belonging written by Andrew Geddes and published by Ashgate Publishing. This book was released on 1999 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: By gathering analyses undertaken by experts on immigration politics in many of the key countries of immigration, an original and insightful approach to the analysis of immigration-related politics is presented in this work.