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Vol 21 No 11 Nov/Dec 2016

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Research Handbook on International Law and Migration

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Edited by: Vincent Chetail, Celine Bauloz

ISBN13: 9780857930040
Published: March 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £185.00
Paperback edition , ISBN13 9781782549154



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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 strategies for better understanding the potential of international legal norms in regulating migration. Authoritative analyses by the most renowned and knowledgeable experts in the field focus on important migration issues and challenge the current normative framework with new ways of thinking about the topic. The book examines the many facets of migration from an international law perspective. Topics discussed include the relationship between migration and state sovereignty, the human rights of migrants, human trafficking, labour migration, migrant workers, refugees and internal displacement. The expert contributors hail from a number of diverse international law backgrounds (including refugee law, human rights law, humanitarian law, labour law, WTO law and others), allowing them to synthesize many different perspectives and present a comprehensive, cohesive and timely study of a complicated and fractured topic.

The Research Handbook on International Law and Migration provides a critical examination of migration and international law, identifying the issues still to be tackled and suggesting further developments to be made. It will appeal to advanced and post-graduate students, academics and policymakers.

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Subjects:
Public International Law
Contents:
1. The Transnational Movement of Peoples under General International Law: Mapping the Customary Law Foundations of International Migration Law Vincent Chetail

PART I: CONFRONTING REALITIES IN TIMES OF GLOBALISATION: THE MOVE OF PEOPLE AND STATE SOVEREIGNTY
2. Irregular Migration, State Sovereignty and the Rule of Law Catherine Dauvergne 3. National Security, Terrorism and the Securitisation of Migration Idil Atak and Francois Crepeau
4. Extraterritorial Migration Control and the Reach of Human Rights Thomas Gammeltoft-Hansen
5. Smuggling and Trafficking Human Beings Ryszard Piotriowicz
6. The Removal of Irregular Migrants in Europe and America Stephen H. Legomsky

PART II: HUMAN RIGHTS, ALIENHOOD AND CITIZENSHIP: IDENTIFYING THE GLOBAL NORMATIVE FRAMEWORK
7. Detention of Migrants: Harsher Policies, Increasing International Law Protection Beth Lyon
8. Family Unity in Migration Law: The Evolution of a More Unified Approach in Europe Helene Lambert
9. Migration and Discrimination: Non-Discrimination as Guardian against Arbitrariness or Driver of Integration? Wouter Vandenhole
10. Minority and Cultural Rights of Migrants Helen O'Nions
11. Diplomatic Protection and Consular Assistance of Migrants Annemarieke Vermeer-Kunzli
12. Citizenship, Nationality, and Statelessness Peter J. Spiro

PART III: INTERNATIONAL LAW AND THE FORGOTTEN REALITY OF MIGRANT WORKERS
13. United Nations Treaty Bodies and Migrant Workers David Weissbrodt and Justin Rhodes
14. Human Dignity or State Sovereignty? The Roadblocks to Full Realisation of the UN Migrant Workers Convention Lori A. Nessel
15. Economic Migration and Mode 4 of GATS Joel P. Trachtman
16. Labour Migration and the European Union Elspeth Guild

PART IV: REFUGEES AND THE CHANGING PATTERN OF INTERNATIONAL PROTECTION
17. The Mandate of the Office of the United Nations High Commissioner for Refugees T. Alexander Aleinikoff
18. The Principle of Non-Refoulement in International Refugee Law Rebecca M.M. Wallace
19. The Asylum Procedures and the Assessment of Asylum Requests Jens Vedsted-Hansen
20. Persecution: Towards a Working Definition Hugo Storey
21. Exclusion under Article 1F since 2001: Two Steps Backwards, One Step Forward Geoff Gilbert
22. Subsidiary Protection and Other Alternative Forms of Protection Hemme Battjes
23. The Limitations of Voluntary Repatriation and Resettlement of Refugees Marjoleine Zieck

PART V: INTERNALLY DISPLACED PERSONS AND THE NEW CHALLENGES OF FORCED MIGRATION
24. Protection of Internally Displaced Persons: National and International Responsibilities Roberta Cohen
25. The Guiding Principles on Internal Displacement and the Search for a Universal Framework of Protection for Internally Displaced Persons Walter Kalin
26. International Humanitarian Law and the Protection of Internally Displaced Persons Stephane Ojeda
27. The African Contribution to the Protection of Internally Displaced Persons: A Commentary on the 2009 Kampala Convention Moetsi Duchatellier and Catherine Phuong