Responses To Sea Migration And The Rule Of Law
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Responses To Sea Migration And The Rule Of Law
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Author : Katia Bianchini
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-08-22
Responses To Sea Migration And The Rule Of Law written by Katia Bianchini and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-22 with Law categories.
In the current debates on sea migration there is a dearth of works drawing on the rule of law. This important book addresses this failing. Considering the question from that conceptual framework, it is able to broaden the sometimes fragmented and incomplete perspective of existing scholarship. The book takes as its central case study the experience of Italy, exploring the legal issues at play there and its institutional practices and policies. From here its focus broadens out to the wider EU experience, looking in particular at those problems common to southern EU states, such as failures and delays in assisting migrants in distress at sea and contested legal grounds and practices concerning interceptions at sea. It combines both legal and empirical data, charting both the black letter law and how it operates in practice. In a field as complex as this, this clarity is key; it allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today.
Boat Refugees And Migrants At Sea A Comprehensive Approach
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Author : Violeta Moreno-Lax
language : en
Publisher: BRILL
Release Date : 2016-11-21
Boat Refugees And Migrants At Sea A Comprehensive Approach written by Violeta Moreno-Lax and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-21 with Law categories.
This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.
Protection Of Human Life At Sea In International Law
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Author : Aphrodite Papachristodoulou
language : en
Publisher: Taylor & Francis
Release Date : 2025-05-30
Protection Of Human Life At Sea In International Law written by Aphrodite Papachristodoulou and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-30 with Law categories.
The law of the sea imposes a long-established duty to rescue persons in distress, which connotes one of the most important tools in safeguarding safety of life at sea. Other rules of international law, namely, international human rights and refugee law also come into play in drawing the legal parameters for the conduct of rescue operations. Amid the thousands of people undertaking perilous sea journeys in search of safety, European legal responses have primarily focused on the securitization of migration. This book exposes the human rights violations that may be perpetrated against migrants attempting to cross the Mediterranean and strongly advocates for the development of a framework for operationalizing the protection of human rights – and life – at sea. It combines theory and practice in which philosophical theories of rights are applied to create a framework for legal analysis and the development of practical legal standards. The study presents an innovative evaluation of selected judgments of the European Court of Human Rights and other international human rights bodies pertaining to complex questions of extraterritorial jurisdiction and a State's human rights obligations towards persons in distress at sea. The book will be of interest to all those engaging with migration and security studies, international human rights scholarship, international law of the sea, refugee and migration law and legal philosophy, whether generalist or specialist.
Human Rights And The Dark Side Of Globalisation
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Author : Thomas Gammeltoft-Hansen
language : en
Publisher: Taylor & Francis
Release Date : 2016-12-08
Human Rights And The Dark Side Of Globalisation written by Thomas Gammeltoft-Hansen and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-08 with Law categories.
This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.
Risk And The Regulation Of Uncertainty In International Law
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Author : Monika Ambrus
language : en
Publisher: Oxford University Press
Release Date : 2017-10-27
Risk And The Regulation Of Uncertainty In International Law written by Monika Ambrus and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-27 with Law categories.
Increasingly, international legal arrangements imagine future worlds or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert-knowledge, and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualise, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across the various fields of international law, including the use of force, maritime security, international economic and environmental law, and human rights. It investigates how the future is construed in these various areas; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk.
The International Legal Order Current Needs And Possible Responses
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Author : James Crawford
language : en
Publisher: BRILL
Release Date : 2017-04-03
The International Legal Order Current Needs And Possible Responses written by James Crawford and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-03 with Law categories.
This volume of essays addresses some of the most significant issues of contemporary international law. It particularly focuses on questions relating to international humanitarian law, the law of the sea, human rights, the use of force, international environmental law, and the settlement of international disputes. Recent developments in some other issues of international law such as State immunity and State responsibility are also dealt with. The Work contains a number of articles in French and is offered as a tribute to the prominent Iranian Professor of International Law, Djamchid Momtaz, on the occasion of his 75th birthday.
The Law Of The Sea And Climate Change
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Author : Elise Johansen
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-17
The Law Of The Sea And Climate Change written by Elise Johansen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Business & Economics categories.
Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.
International Law S Objects
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Author : Jessie Hohmann
language : en
Publisher:
Release Date : 2018
International Law S Objects written by Jessie Hohmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
International law's rich existence in the world can be illuminated by its objects. International law is often developed, conveyed, and authorized through its objects and/or their representation. From the symbolic (the regalia of the head of state and the symbols of sovereignty), to the mundane (a can of dolphin-safe tuna certified as complying with international trade standards), international legal authority can be found in the objects around us. Similarly, the practice of international law often relies on material objects or their image, both as evidence (satellite images, bones of the victims of mass atrocities) and to found authority (for instance, maps and charts). This volume considers these questions: firstly what might the study of international law through objects reveal? What might objects, rather than texts, tell us about sources, recognition of states, construction of territory, law of the sea, or international human rights law? Secondly, what might this scholarly undertaking reveal about the objects-as aims or projects-of international law? How do objects reveal, or perhaps mask, these aims, and what does this tell us about the reasons some (physical or material) objects are foregrounded, and others hidden or ignored. Thirdly what objects, icons, and symbols preoccupy the profession and academy? The personal selection of these objects by leading and emerging scholars worldwide will illuminate the contemporary and historical fascinations of international lawyers. By considering international law in the context of its material culture the authors offer a new and exciting theoretical perspective on the subject. With an image of each object reproduced in full colour, the book will make an engaging and interesting read for scholars, practitioners, and students alike.
Privatising Border Control
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2022-11-07
Privatising Border Control written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-07 with Law categories.
In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.
International Law And Sea Level Rise
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Author : Davor Vidas
language : en
Publisher: BRILL
Release Date : 2019-03-27
International Law And Sea Level Rise written by Davor Vidas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-27 with Law categories.
This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.