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Integration at the Border

Integration at the Border Author Karin de Vries
ISBN-10 9781782251422
Release 2013-07-22
Pages 440
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A recent development in the immigration policies of several European states is to make the admission of foreign nationals dependent upon criteria relating to their integration. As the practice of 'integration testing abroad' becomes more widespread, this book endeavours to clarify the legal implications which have hitherto remained poorly understood and studied. The book begins by looking at the situation in the Netherlands, which was the first EU Member State to introduce pre-entry integration requirements. It explores the historical and political origins of the Dutch Act on Integration Abroad and explains how, in this national context, integration has become a criterion for the selection of immigrants. It then examines how integration requirements must be evaluated from the point of view of European and international law, including human rights treaties, EU migration directives and association agreements and the law on non-discrimination. The book identifies the legal standards set by these instruments with regard to integration testing abroad and draws conclusions as to the lawfulness of the Dutch approach.



Security and International Law

Security and International Law Author Mary E Footer
ISBN-10 9781782255888
Release 2016-06-16
Pages 448
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Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?



EU Migration Law

EU Migration Law Author Loïc Azoulai
ISBN-10 9780191018138
Release 2014-03-20
Pages 240
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Large-scale migration constitutes an unavoidable social reality within the European Union. A European polity is made possible and tangible by the individual acts of migrants crossing the internal borders, developing a transnational life and integrating into European societies. Consequently, migration has become a special feature of the self-understanding of the European Union: its existence depends upon a continuing flow of persons crossing the borders of the Member States, and also upon the management of the flows of third-country nationals knocking at its doors. To respond to this challenge, the Union has developed common European migration policies. This book is a collection of essays which aim to explore a selected number of issues related to the development of these policies. It presents the current state, and the future of European immigration law discussing the political rationales and legal competences driving the action of the Union in this area. It reflects on the cooperation of the Union with third countries and on the emergence of international migration legal norms. It illustrates the role of the European Courts and the emergence of new actors through the adoption of EU instruments.



International Law and the Construction of the Liberal Peace

International Law and the Construction of the Liberal Peace Author Russell Buchan
ISBN-10 9781782251767
Release 2013-07-24
Pages 258
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This book argues that since the end of the Cold War an international community of liberal states has crystallised within the broader international society of sovereign states. Significantly, this international community has demonstrated a tendency to deny non-liberal states their previously held sovereign right to non-intervention. Instead, the international community considers only those states that demonstrate respect for liberal democratic standards to be sovereign equals. Indeed the international community, motivated by the theory that international peace and security can only be achieved in a world composed exclusively of liberal states, has engaged in a sustained campaign to promote its liberal values to non-liberal states. This campaign has had (and continues to have) a profound impact upon the structure and content of international law. In light of this, this book deploys the concepts of the international society and the international community in order to construct an explanatory framework that can enable us to better understand recent changes to the political and legal structure of the world order and why violations of international peace and security occur.



Immigration Integration and the Law

Immigration  Integration and the Law Author Clíodhna Murphy
ISBN-10 9781317118541
Release 2016-05-13
Pages 326
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This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.



The Reception of Asylum Seekers under International Law

The Reception of Asylum Seekers under International Law Author Lieneke Slingenberg
ISBN-10 9781782253235
Release 2014-12-01
Pages 398
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Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, eg by deterring the lodging of asylum applications, preventing integration into their societies and exercising a large degree of control over asylum seekers in order to facilitate expulsion. The European Union is currently engaged in a process of developing minimum conditions for the reception of asylum seekers, as part of a Common European Asylum System. This book critically examines the outcomes of the negotiation process on these minimum standards ? Directive 2003/9/EC and Directive 2013/33/EU ? in relation to international refugee law, international social security law and international human rights law. It presents a comprehensive analysis of state obligations that stem from these different fields of law with regard to asylum seekers' access to the labour market and social security benefits and compares them to the minimum standards developed in the European Union. To this end, it offers an in-depth study into the notion of non-discrimination on the basis of nationality in the field of social security and a detailed analysis of recent developments in the case law of the European Court on Human Rights on positive obligations in the socioeconomic sphere. It takes into account both the special characteristics of international legal obligations for states in the socioeconomic sphere and the legal consequences of the tentative legal status of asylum seekers. In addition, this book particularly examines how the instrumental use of social policy relates to international law.



Integration for Third Country Nationals in the European Union

Integration for Third Country Nationals in the European Union Author Sonia Morano-Foadi
ISBN-10 9780857936820
Release 2012-01-01
Pages 432
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This highly original book provides an innovative analysis of EU migration and asylum law and its interplay with equality issues in order to assess the current integration framework for third-country nationals and to explore future scenarios in the European Context. Integration for Third-Country Nationals in the European Union focuses on the nexus between non-discrimination based on nationality and race, and the equality clauses covering different categories of regularly residing third-country nationals within EU law. It highlights the extent to which social rights that have been formally promised to non-EU citizens are enjoyed in practice. The contributing authors Ð who are both academics and practitioners Ð also consider the link between secure residence and equal treatment, highlighting on the implementation of EU Policies in aselection of Member States. Using socio-legal and comparative methods, this study provides an overview of the models of integration and social cohesion shaped by European and national actors in order to profile the present fragmented structure of European society and to discuss future possibilities. Academics, practitioners, and students interested in EU law and migration studies will find this enriching book invaluable.



Indicators of Immigrant Integration 2015 Settling in

Indicators of Immigrant Integration 2015  Settling in Author Oecd
ISBN-10 9264232303
Release 2015-07-02
Pages 348
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This joint publication by the OECD and the European Commission presents the first broad international comparison across all EU and OECD countries of the outcomes for immigrants and their children, through 27 indicators organised around five areas: Employment, education and skills, social inclusion, civic engagement and social cohesion (Chapters 5 to 12). Three chapters present detailed contextual information (demographic and immigrant-specific) for immigrants and immigrant households (Chapters 2 to 4). Two special chapters are dedicated to specific groups. The first group is that of young people with an immigrant background, whose outcomes are often seen as the benchmark for the success or failure of integration. The second group are third-country nationals in the European Union, who are the target of EU integration policy.



Fleeing Homophobia

Fleeing Homophobia Author Thomas Spijkerboer
ISBN-10 9781134098354
Release 2013-07-18
Pages 264
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Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender identity is criminalized, or where the authorities are homophobic; the particular hurdles faced during credibility assessment on account of persisting stereotypes; and queer families and refugee law. The book gives a state of the art overview of law in Europe, both at the level of European legislation and at the level of Member State practice. While being largely focused on Europe, the book also takes into account asylum decisions from Australia, New Zealand, Canada, and the United States and is of relevance internationally, offering analysis of issues which are not specific to particular legal systems.



Illegal Migration and Gender in a Global and Historical Perspective

Illegal Migration and Gender in a Global and Historical Perspective Author Marlou Schrover
ISBN-10 9789089640475
Release 2008
Pages 191
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This incisive study combines the two subjects and views the migration scholarship through the lens of the gender perspective.



European Asylum Law And International Law

European Asylum Law And International Law Author Hemme Battjes
ISBN-10 9789004150874
Release 2006
Pages 688
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Community asylum law is becoming ever more essential to asylum law in Europe. But many intricate questions about this new body of law remain to be resolved. Do the Community rules weaken or improve the position of asylum seekers? Would a future Community asylum law have to observe international norms? What role should the Court of Justice play in asylum matters? And does the communautarisation of asylum law affect the possibilities of asylum seekers to approach domestic courts, or the European Court of Human Rights? These and other questions are addressed in this book. It offers, besides an in-depth study of the relation between European and international asylum law, a practical manual for European asylum law. It discusses the content and meaning of all Community regulations and directives on asylum, as well as their possible use (and reliability) in domestic proceedings.



Gender Migration and Categorisation

Gender  Migration and Categorisation Author Marlou Schrover
ISBN-10 908964573X
Release 2013
Pages 268
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All people are equal, according to Thomas Jefferson, but all migrants are not. This volume looks at how they are distinguished in France, the United States, Turkey, Canada, Mexico, the Netherlands, Sweden, and Denmark made through history between migrants and how these were justified in policies and public debates. The chapters form a triptych, addressing in three clusters the problematization of questions such as 'who is a refugee', 'who is family' and 'what is difference'. The chapters in this volume show that these are not separate issues. They intersect in ways that vary according to countries of origin and settlement, economic climate, geopolitical situation, as well as by gender, and by class, ethnicity, religion, and sexual orientation of the migrants.



Seeking Accountability for the Unlawful Use of Force

Seeking Accountability for the Unlawful Use of Force Author Leila Nadya Sadat
ISBN-10 9781107187535
Release 2018-05-31
Pages 300
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Analysis of how to prevent war and reinforce UN systems by imposing accountability on individuals and states for the unlawful use of force.



Strangers No More

Strangers No More Author Richard Alba
ISBN-10 9781400865901
Release 2015-04-27
Pages 336
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Strangers No More is the first book to compare immigrant integration across key Western countries. Focusing on low-status newcomers and their children, it examines how they are making their way in four critical European countries—France, Germany, Great Britain, and the Netherlands—and, across the Atlantic, in the United States and Canada. This systematic, data-rich comparison reveals their progress and the barriers they face in an array of institutions—from labor markets and neighborhoods to educational and political systems—and considers the controversial questions of religion, race, identity, and intermarriage. Richard Alba and Nancy Foner shed new light on questions at the heart of concerns about immigration. They analyze why immigrant religion is a more significant divide in Western Europe than in the United States, where race is a more severe obstacle. They look at why, despite fears in Europe about the rise of immigrant ghettoes, residential segregation is much less of a problem for immigrant minorities there than in the United States. They explore why everywhere, growing economic inequality and the proliferation of precarious, low-wage jobs pose dilemmas for the second generation. They also evaluate perspectives often proposed to explain the success of immigrant integration in certain countries, including nationally specific models, the political economy, and the histories of Canada and the United States as settler societies. Strangers No More delves into issues of pivotal importance for the present and future of Western societies, where immigrants and their children form ever-larger shares of the population.



Framing Immigrant Integration

Framing Immigrant Integration Author Peter Scholten
ISBN-10 9789089642844
Release 2011
Pages 314
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Debates on immigrant integration often center on “national models of integration,” a concept that reflects the desire of both researchers and policy makers to find common ground. This book challenges the idea that there has ever been a coherent or consistent Dutch model of integration and asserts that though Dutch society has long been seen as exemplary for its multiculturalism—and argues that the incorporation of migrants remains one of the country's most pressing social and political concerns. In addition to an analysis of how immigration is framed and reframed through diverse dialogues, the author provides a highly dynamic overview of integration policy and its evolution alongside migration research.



Limits of European Citizenship

Limits of European Citizenship Author Maarten P. Vink
ISBN-10 9780230514379
Release 2005-08-02
Pages 222
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Maarten Vink explores change and resilience of citizenship under pressure from European integration. To assess the meaning of national and European citizenship the book analyzes parliamentary immigration debates from the 1990s in the Netherlands. The hesitant penetration of 'Europe' in these domestic debates on issues of asylum, resident status and nationality evidences the continuing relevance of domestic politics for the extension of membership and rights to non-citizens, and demonstrates the unsettled nature of European citizenship.



Europe and Extraterritorial Asylum

Europe and Extraterritorial Asylum Author Maarten den Heijer
ISBN-10 9781847319074
Release 2012-03-01
Pages 342
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Increasingly, European and other Western states have sought to control the movement of refugees outside their borders. To do this, states have adopted a variety of measures - including carrier sanctions, interception of migrants at sea, posting of immigration officers in foreign countries and external processing of asylum-seekers. This book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. The book explores how refugee and human rights law has responded to the new measures adopted by states, and how states have sought cooperation with other actors in the context of migration control. The book defends the thesis that when European states attempt to control the movement of migrants outside their territories, they remain responsible under international law for protecting the rights of refugees as well as their general human rights. It also identifies how EU law governs and constrains the various types of pre-border migration enforcement employed by EU Member States, and examines how unfolding practices of external migration control conform with international law. This is a work which will be essential reading for scholars and practitioners of asylum and refugee law throughout Europe and the wider world. The book received 'The Max van der Stoel Human Rights Award 2011' (first prize category dissertations); and the 'Erasmianum Study Prize 2011'.