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Vol 21 No 9 Sept/Oct 2016

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The Right to Leave and Return and Chinese Migration Law

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ISBN13: 9789004156142
Published: January 2007
Publisher: Martinus Nijhoff Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £166.00

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Although the Right to Leave and Return (RLR) is a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws.

In the case of China, the country’s communist political system has significantly affected the development of RLR and the country’s approach to it. As a rule, China’s approach is restrictive. As part of its reform and ‘opening up’ policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its past and its complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world.

The Right to Leave and Return (RLR) and Chinese Migration Law provides a comprehensive and systematic review of the RLR in international and Chinese migration law. It has been written on the basis of Chinese statutes pertinent to the RLR, also of relevant international instruments and key cases. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.

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Other Jurisdictions , China, Immigration, Asylum, Refugee and Nationality Law
List of Graphs;
List of Acronyms
Chapter One: Introduction;
Chapter Two: Foundations of RLR;
Chapter Three: RLR in International Migration Law;
Chapter Four: Driving Factors of RLR in China;
Chapter Five: Historical Development of Chinese Regulatory Framework Governing RLR;
Chapter Six: The Right to be Granted a Passport in China;
Chapter Seven: Limits on the Right to Leave of Chinese citizens;
Chapter Eight: Limits on the Right to Return to China;
Chapter Nine: Limits on the Right of Travelling to or from the HKSAR, MSAR and Taiwan;
Chapter Ten: Chinese Emigration Intermediary Agency Laws;
Chapter Eleven: Chinese Exit and Entry Administrative system;
Chapter Twelve: The need to protect RLR in China, the factors in favour, and resolving practical concerns against it;
Chapter Thirteen: Recommendations and Conclusions; Appendices;
Table of cases;
Statutes; Index.