Migration Law And The Externalization Of Border Controls
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Migration Law And The Externalization Of Border Controls
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Author : Anna Liguori
language : en
Publisher: Routledge
Release Date : 2021-12-13
Migration Law And The Externalization Of Border Controls written by Anna Liguori and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-13 with categories.
Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating 'legal black holes'. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-à-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author's view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.
Externalizing Migration Management
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Author : Ruben Zaiotti
language : en
Publisher: Routledge
Release Date : 2016-02-05
Externalizing Migration Management written by Ruben Zaiotti and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-05 with Science categories.
The extension of border controls beyond a country’s territory to regulate the flows of migrants before they arrive has become a popular and highly controversial policy practice. Today, remote control policies are more visible, complex and widespread than ever before, raising various ethical, political and legal issues for the governments promoting them. The book examines the externalization of migration control from an interdisciplinary and comparative perspective, focusing on ‘remote control’ initiatives in Europe and North America, with contributions from the fields of politics, sociology, law, geography, anthropology, and history. This book uses empirically rich analyses and compelling theoretical insights to trace the evolution of ‘remote control’ initiatives and assesses their impact and policy implications. It also explores competing theoretical models that might explain their emergence and diffusion. Individual chapters tackle some of the most puzzling questions underlying remote control policies, such as the reasons why governments adopt these policies and what might be their impact on migrants and other actors involved.
Migration Law And The Externalization Of Border Controls
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Author : Anna Liguori
language : en
Publisher: Routledge
Release Date : 2019-03-27
Migration Law And The Externalization Of Border Controls written by Anna Liguori and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-27 with Law categories.
Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating ‘legal black holes’. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-à-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author’s view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.
Eu External Migration Policies In An Era Of Global Mobilities Intersecting Policy Universes
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Author : Sergio Carrera
language : en
Publisher: BRILL
Release Date : 2018-12-10
Eu External Migration Policies In An Era Of Global Mobilities Intersecting Policy Universes written by Sergio Carrera and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-10 with Law categories.
This collective volume draws on the themes of intersectionality and overlapping policy universes to examine and evaluate the shifting functions, frames and multiple actors and instruments of an ongoing and revitalized cooperation in EU external migration and asylum policies with third states. The contributions are based on problem-driven research and seek to develop bottom-up, policy-oriented solutions, while taking into account global, EU-based and local perspectives, and the shifting universes of EU migration, border and asylum policies. In 15 chapters, we explore the multifaceted dimensions of the EU external migration policy and its evolution in the post-crisis, geopolitical environment of the Global Compacts.
Fundamental Rights Challenges In Border Controls And Expulsion Of Irregular Immigrants In The European Union
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Author : Sergio Carrera
language : en
Publisher: Routledge
Release Date : 2020-02-25
Fundamental Rights Challenges In Border Controls And Expulsion Of Irregular Immigrants In The European Union written by Sergio Carrera and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-25 with Law categories.
This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.
Eu Borders And Shifting Internal Security
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Author : Raphael Bossong
language : en
Publisher: Springer
Release Date : 2016-02-19
Eu Borders And Shifting Internal Security written by Raphael Bossong and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-19 with Political Science categories.
This edited volume analyzes recent key developments in EU border management. In light of the refugee crises in the Mediterranean and the responses on the part of EU member states, this volume presents an in-depth reflection on European border practices and their political, social and economic consequences. Approaching borders as concepts in flux, the authors identify three main trends: the rise of security technologies such as the EUROSUR system, the continued externalization of EU security governance such as border mission training in third states, and the unfolding dynamics of accountability. The contributions show that internal security cooperation in Europe is far from consolidated, since both political oversight mechanisms and the definition of borders remain in flux. This edited volume makes a timely and interdisciplinary contribution to the ongoing academic and political debate on the future of open borders and legitimate security governance in Europe. It offers a valuable resource for scholars in the fields of international security and migration studies, as well as for practitioners dealing with border management mechanisms.
Illegality Inc
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Author : Ruben Andersson
language : en
Publisher: Univ of California Press
Release Date : 2014-08-01
Illegality Inc written by Ruben Andersson and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-01 with Social Science categories.
In this groundbreaking ethnography, Ruben Andersson, a gifted anthropologist and journalist, travels along the clandestine migration trail from Senegal and Mali to the Spanish North African enclaves of Ceuta and Melilla. Through the voices of his informants, Andersson explores, viscerally and emphatically, how Europe’s increasingly powerful border regime meets and interacts with its target–the clandestine migrant. This vivid, rich work examines the subterranean migration flow from Africa to Europe, and shifts the focus from the "illegal immigrants" themselves to the vast industry built around their movements. This fascinating and accessible book is a must-read for anyone interested in the politics of international migration and the changing texture of global culture.
Securitising Asylum Flows
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Author : Valsamis Mitsilegas
language : en
Publisher: BRILL
Release Date : 2020-04-20
Securitising Asylum Flows written by Valsamis Mitsilegas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-20 with Law categories.
Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.
Undoing Border Imperialism
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Author : Harsha Walia
language : en
Publisher: AK Press
Release Date : 2014-02-15
Undoing Border Imperialism written by Harsha Walia and has been published by AK Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-15 with Political Science categories.
“Harsha Walia has played a central role in building some of North America’s most innovative, diverse, and effective new movements. That this brilliant organizer and theorist has found time to share her wisdom in this book is a tremendous gift to us all.”—Naomi Klein, author of The Shock Doctrine Undoing Border Imperialism combines academic discourse, lived experiences of displacement, and movement-based practices into an exciting new book. By reformulating immigrant rights movements within a transnational analysis of capitalism, labor exploitation, settler colonialism, state building, and racialized empire, it provides the alternative conceptual frameworks of border imperialism and decolonization. Drawing on the author’s experiences in No One Is Illegal, this work offers relevant insights for all social movement organizers on effective strategies to overcome the barriers and borders within movements in order to cultivate fierce, loving, and sustainable communities of resistance striving toward liberation. The author grounds the book in collective vision, with short contributions from over twenty organizers and writers from across North America. Harsha Walia is a South Asian activist, writer, and popular educator rooted in emancipatory movements and communities for over a decade. Praise for Undoing Border Imperialism: “Border imperialism is an apt conceptualization for capturing the politics of massive displacement due to capitalist neoglobalization. Within the wealthy countries, Canada’s No One Is Illegal is one of the most effective organizations of migrants and allies. Walia is an outstanding organizer who has done a lot of thinking and can write—not a common combination. Besides being brilliantly conceived and presented, this book is the first extended work on immigration that refuses to make First Nations sovereignty invisible.”—Roxanne Dunbar Ortiz, author of Indians of the Americas and Blood on the Border “Harsha Walia’s Undoing Border Imperialism demonstrates that geography has certainly not ended, and nor has the urge for people to stretch out our arms across borders to create our communities. One of the most rewarding things about this book is its capaciousness—astute insights that emerge out of careful organizing linked to the voices of a generation of strugglers, trying to find their own analysis to build their own movements to make this world our own. This is both a manual and a memoir, a guide to the world and a guide to the organizer's heart.”—Vijay Prashad, author of The Darker Nations: A People’s History of the Third World “This book belongs in every wannabe revolutionary’s war backpack. I addictively jumped all over its contents: a radical mixtape of ancestral wisdoms to present-day grounded organizers theorizing about their own experiences. A must for me is Walia’s decision to infuse this volume’s fight against border imperialism, white supremacy, and empire with the vulnerability of her own personal narrative. This book is a breath of fresh air and offers an urgently needed movement-based praxis. Undoing Border Imperialism is too hot to be sitting on bookshelves; it will help make the revolution.”—Ashanti Alston, Black Panther elder and former political prisoner
Borders Migration And Class In An Age Of Crisis
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Author : Vickers, Tom
language : en
Publisher: Bristol University Press
Release Date : 2020-10-14
Borders Migration And Class In An Age Of Crisis written by Vickers, Tom and has been published by Bristol University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-14 with Political Science categories.
This book responds to global tendencies toward increasingly restrictive border controls and populist movements targeting migrants for violence and exclusion. Informed by Marxist theory, it challenges standard narratives about immigration and problematises commonplace distinctions between ‘migrants’ and ‘workers’. Using Britain as a case study, the book examines how these categories have been constructed and mobilised within representations of a ‘migrant crisis’ and a ‘welfare crisis’ to facilitate capitalist exploitation. It uses ideas from grassroots activism to propose alternative understandings of the relationship between borders, migration and class that provide a basis for solidarity.