Migration

Introduction

Migration - Research Guide International Law

The past few decades the movement of people across borders has increased significantly. According to the International Organization for Migration (IOM), more and more people are on the move today than at any other point in human history. According to the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, a migrant worker can be described as a ‘person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national’. According to the working group of intergovernmental experts on the human rights of migrants only those people who freely take the decision to migrate are considered migrants: the notion ‘migrant’ “should be understood as covering all cases where the decision to migrate is taken freely by the individual concerned, for reasons of ‘personal convenience’ and without intervention of an external compelling factor. Thus, the definition of migrant does not refer to individuals who have been forced or compelled to leave their home or country, such as refugees and internally displaced persons and refugees. Various aspects of migration include: labour migration (not forced), family reunification, migration and security, migration and trade, migrant rights, health and migration, integration, migration and development.

This Research Guide is intended as a starting point for research on Migration. It provides the basic materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 99. The State and the Aliens. General Works, 100. Emigration and Immigration. General Works, 101. Emigration and Immigration in the Various States and subject heading (keyword) Migration are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

New titles


1. Verkenning van het schrijnend pad
Verkenning van het schrijnend pad : dossieronderzoek naar verblijfsrecht mensenhandel voor kwetsbaarste slachtoffers / Frank Noteboom en Corinne Dettmeijer-Vermeulen In: Asiel & migrantenrecht = ISSN 1879-8128: vol. 6, issue 4, page 155-160. - 2015
Keywords: The Netherlands, Human trafficking, Right of residence, Immigration law,

2. De nieuwe werkinstructie over geloofwaardigheid in asielprocedures
De nieuwe werkinstructie over geloofwaardigheid in asielprocedures : van 2010/14 naar 2014/10 / Karen Geertsema In: Asiel & migrantenrecht = ISSN 1879-8128: vol. 6, issue 4, page 164-169. - 2015
Keywords: The Netherlands, European Union, Asylum, Refugees, Judicial review, Community law and municipal law, Immigration,

3. Het kind in de asielprocedure
Het kind in de asielprocedure : lessen uit internationale rapporten / René Bruin In: Asiel & migrantenrecht = ISSN 1879-8128: vol. 6, issue 4, page 172-177. - 2015
Keywords: The Netherlands, European Union, Asylum, Refugees, Children, Community law and municipal law, Immigration, Child protection,

4. La expulsión de extranjeros no europeos del territorio español
La expulsión de extranjeros no europeos del territorio español : respuesta jurisprudencial ante situaciones atípicas / Alejandra Selma Penalva In: Revista de derecho migratorio y extranjería = ISSN 1695-3509: (2014), issue 37, page 205-236. - 2014
Keywords: Spain, Expulsion, Aliens, Immigration law,

5. La errática poliítica migratoria española de la inmigración africana en las ciudades autónomas de Ceuta y Melilla
La errática poliítica migratoria española de la inmigración africana en las ciudades autónomas de Ceuta y Melilla / María del Carmen Burgos Goye In: Revista de derecho migratorio y extranjería = ISSN 1695-3509: (2014), issue 37, page 301-326. - 2014
Keywords: Ceuta and Melilla, Spain, Morocco, Borders, Illegal immigrants, Expulsion, Immigration,

6. The Growing Role of immigration Law in Universal Higher Education: Case Studies of the United States and the EU
The Growing Role of immigration Law in Universal Higher Education: Case Studies of the United States and the EU / Michael A. Olivas In: Houston Journal of International Law = ISSN 0194-1879: vol. 37, issue 2, page 353-431. - 2015
Keywords: United States of America, European Union, Education, Immigration law, Illegal immigrants, Students,

Bibliography

Reference works

Interesting books

Leading articles

Documents

Periodicals, serial publications

Bibliographies

New titles


1. Verkenning van het schrijnend pad
Verkenning van het schrijnend pad : dossieronderzoek naar verblijfsrecht mensenhandel voor kwetsbaarste slachtoffers / Frank Noteboom en Corinne Dettmeijer-Vermeulen In: Asiel & migrantenrecht = ISSN 1879-8128: vol. 6, issue 4, page 155-160. - 2015
Keywords: The Netherlands, Human trafficking, Right of residence, Immigration law,

2. De nieuwe werkinstructie over geloofwaardigheid in asielprocedures
De nieuwe werkinstructie over geloofwaardigheid in asielprocedures : van 2010/14 naar 2014/10 / Karen Geertsema In: Asiel & migrantenrecht = ISSN 1879-8128: vol. 6, issue 4, page 164-169. - 2015
Keywords: The Netherlands, European Union, Asylum, Refugees, Judicial review, Community law and municipal law, Immigration,

3. Het kind in de asielprocedure
Het kind in de asielprocedure : lessen uit internationale rapporten / René Bruin In: Asiel & migrantenrecht = ISSN 1879-8128: vol. 6, issue 4, page 172-177. - 2015
Keywords: The Netherlands, European Union, Asylum, Refugees, Children, Community law and municipal law, Immigration, Child protection,

4. La expulsión de extranjeros no europeos del territorio español
La expulsión de extranjeros no europeos del territorio español : respuesta jurisprudencial ante situaciones atípicas / Alejandra Selma Penalva In: Revista de derecho migratorio y extranjería = ISSN 1695-3509: (2014), issue 37, page 205-236. - 2014
Keywords: Spain, Expulsion, Aliens, Immigration law,

5. La errática poliítica migratoria española de la inmigración africana en las ciudades autónomas de Ceuta y Melilla
La errática poliítica migratoria española de la inmigración africana en las ciudades autónomas de Ceuta y Melilla / María del Carmen Burgos Goye In: Revista de derecho migratorio y extranjería = ISSN 1695-3509: (2014), issue 37, page 301-326. - 2014
Keywords: Ceuta and Melilla, Spain, Morocco, Borders, Illegal immigrants, Expulsion, Immigration,

6. The Growing Role of immigration Law in Universal Higher Education: Case Studies of the United States and the EU
The Growing Role of immigration Law in Universal Higher Education: Case Studies of the United States and the EU / Michael A. Olivas In: Houston Journal of International Law = ISSN 0194-1879: vol. 37, issue 2, page 353-431. - 2015
Keywords: United States of America, European Union, Education, Immigration law, Illegal immigrants, Students,

Librarian's choice

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  • Panizzon, M., G. Zürcher and E. Fornalé (eds.), The Palgrave Handbook of International Labour Migration: Law and Policy Perspectives, New York, Palgrave MacMillan, 2015.

    Panizzon, Zurcher, Fornale (eds.), the palgrave handbook of international labour migration

    This authoritative state-of-the-art reference collection maps the changing landscape of labour mobility. It explores the dialectic between state sovereignty and market-based logic, which is transforming the speed, scope and scale of trans-boundary migration for employment.

    Faced with the absence of a multilateral treaty and of a global architecture, governments today are turning to bilateral agreements as the preferred mode of migration governance to deal with the cross-border movement of capital and persons. Recently, private actors have challenged state regulations to increasingly bypass the complexities of their immigration laws and policies. This duality
    between immigration regulations and the market-based logic of trade agreements offers the opportunity to conduct a deep examination of the relationship between labour migration and the state-centred regime.

    This insightful collection offers a conceptual framework for the development of interdisciplinary approaches to the management of labour mobility – including transnationalism, economics, legal and social sciences. Eminent scholars from various disciplines and perspectives analyze labour mobility issues across the major countries of origin and destination over four continents, with an emphasis on theoretical reflection and empirical analysis.

    The Palgrave Handbook of International Labour Migration goes beyond the assumption that states are the only actors in the design and implementation of migratory policies. It maps the field, framing legal and political questions to address the main elements of labour mobility, including the limits and challenges of state action.

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  • Y. Jansen, R. Celikates and J. de Bloois (eds.), The Irregularization of Migration in Contemporary Europe : Detention, Deportation, Drowning, London ; New York, Rowman & Littlefield International, 2015.

    jansen, y. et al, The Irregularization of Migration in Contemporary Europe

    Working from an interdisciplinary perspective that draws on the social sciences, legal studies, and the humanities, this book investigates the causes and effects of the extremities experienced by migrants. Firstly, the volume analyses the development and political-cultural conditions of current practices and discourses of “bordering,” “illegality,” and “irregularization.” Secondly, it focuses on the varieties of irregularization and on the diversity of the fields, techniques and effects involved in this variegation. Thirdly, the book examines examples of resistance that migrants and migratory cultures have developed in order to deal with the predicaments they face. The book uses the European Union as its case study, exploring practices and discourses of bordering, border control, and migration regulation. But the significance of this field extends well beyond the European context as the monitoring of Europe’s borders increasingly takes place on a global scale and reflects an internationally increasing trend.

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  • McMahon, S., Immigration and Citizenship in An Enlarged European Union The Political Dynamics of Intra-EU Mobility, Basingstoke, Palgrave Macmillan, 2015. Showcase item

    macmahon, immigration and citizenship in an enlarged European Union

    Immigration has become one of the most significant and emotionally charged social and political issues of contemporary Europe. Public and political debates on immigration, however, differ greatly. This book asks how and why differences arise by examining public debates on Romanian migrants and the Roma minority in Italy and Spain. In so doing, it reveals what it means to become a citizen of an enlarging European Union facing economic crisis. McMahon’s study shows how political responses to immigration and negotiation of the terms of citizenship are mediated by political positioning and claims making. It is a contextual and contested process, and often therefore tells us more about the political dynamics in the host country than about the immigrants themselves. Analysing three levels of these dynamics: the national, the local dimension in the capital cities of Rome and Madrid and the cross-border dimension of transnational political and social relations, this book provides a rich insight into the politics of citizenship and will be a valuable resource to scholars of Political Science, Sociology, Political Economy and Anthropology.

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  • Mitsilegas, V., The Criminalisation of Migration in Europe : Challenges for Human Rights and the Rule of Law, Cham, Springer, 2015.

    Mitsilegas, V., The Criminalisation of Migration in Europe Challenges for Human Rights and the Rule of Law, Cham, Springer, 2015

    This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.

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  • Khalaf, A., O. AlShehabi and A. Hanieh (eds.), Transit States: Labour, MIgration & Citizenship in the Gulf, London, Pluto Press, 2015.

    Khalaf, A., O. AlShehabi and A. Hanieh (eds.), Transit States Labour, MIgration & Citizenship in the Gulf, London, Pluto Press, 2015.

    The states of the Gulf Cooperation Council (Saudi Arabia, Kuwait, Bahrain, United Arab Emirates, Oman and Qatar) form the largest destination for labour migration in the global South. In all of these states, however, the majority of the working population is composed of temporary, migrant workers with no citizenship rights.

    The cheap and transitory labour power these workers provide has created the prodigious and extraordinary development boom across the region, and neighbouring countries are almost fully dependent on the labour markets of the Gulf to employ their working populations. For these reasons, the Gulf takes a central place in contemporary debates around migration and labour in the global economy.

    This book attempts to bring together and explore these issues. The relationship between ‘citizen’ and ‘non-citizen’ holds immense significance for understanding the construction of class, gender, city and state in the Gulf, however too often these questions are occluded in too scholarly or overly-popular accounts of the region. Bringing together experts on the Gulf, Transit States confronts the precarious working conditions of migrants in a accessible, yet in-depth manner.

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  • Dembour, M-B., When Humans Become Migrants : Study of the European Court of Human Rights with an Inter-American Counterpoint, Oxford, Oxford University Press, 2015.

    Dembour, M-B., When Humans Become Migrants Study of the European Court of Human Rights with an Inter-American Counterpoint, Oxford, Oxford University Press, 2015.

    The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of ‘migrants’ as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law.

    The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.

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Database

Blogs

  • Climate Change and Forced Migration : A Gap in Protection

    The barely-above-sea-level, coral-dependent Maldives are sinking into the Indian Ocean. The apocalyptic fate is due to climate-change induced temperature increases, which have resulted in rising sea levels and dying coral reefs. In response, the state has built artificial islands—to accommodate the rising sea levels that may render previous places of residence inhabitable—and The Great Male Sea Wall—to protect Male from imposing storms. Many people have already been evacuated from their homes, temporarily housed in camps elsewhere in the Maldives. However, eventually the Maldives may become completely submerged and inhospitable. If the Maldives become a casualty of climate change, as has been predicted, people will be forced to flee from the islands altogether, potentially becoming stateless. They will have to seek protection elsewhere.

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  • Mixed Migration Flows Across the Mediterranean: The EU Agenda on Migration

    Wars, conflict and persecution have forced more people than at any other time in history to flee their homes and seek refuge and safety elsewhere, according to UNHCR’s annual Global Trends Report: World at War, released on June 18, two days before world refugee day. One of the most recent and highly visible consequences of the world’s conflicts and the terrible suffering they cause has been the dramatic growth in the numbers of refugees seeking safety through dangerous sea journeys, including on the Mediterranean, in the Gulf of Aden and Red Sea, and in Southeast Asia.

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  • Borders Beyond Control?

    In my previous blogpost “Feigning Immigration Control”, I argued that politicians are often busy with feigning immigration control while in reality they often can or want to do little about it. What do we actually know about the effects of immigration policies? In order to answer this question, I have conducted a research project on the ‘Determinants of International Migration’ (DEMIG) at the International Migration Institute at Oxford University. One of the main insights of the project is that while immigration restrictions often reduce immigration, these effects tend to be rather small. In addition, restrictions often have a four potential side-effects (‘substitution effects’) which further undermine their effectiveness or can even make them counter-productive.

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  • Border Controls and Human Rights: Migration in the Central Mediterranean

    The Central Mediterranean has, in the last years, turned into the epicentre of human (migrant) disasters. The Central Mediterranean route refers to the migratory flow coming from Northern Africa towards Italy and Malta through the Mediterranean Sea. Here, Libya often acts as nexus point where migrants from the Horn of Africa and Western African routes meet before embarking on their journey towards the EU.

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  • First Global Forum on Statelessness - "New Directions in Statelessness Research and Policy"

    From 15 to 17 September 2014, 3 institutions (the UNHCR, the agency mandated by the General Assembly to help states to address statelessness, and the Statelessness Programme of Tilburg University) co-hosted the first held Global Forum on Statelessness. The three-day event took place in the Academy building of the Peace Palace of The Hague, the Netherlands.

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  • “People must be able to look one another in the eye”. Plans of the Dutch Government to ban face-covering clothing.

    The Dutch Government chose to ignore the advice of the Council of State concerning the ban on face-covering clothing. The Council of State, the advisory organ of the Government, heavily criticised the legislative proposal. First, the Council of State does not consider the complete ban as necessary and useful. Second, the Council of State is of the opinion that a ban on face covering clothing is an infringement of the freedom of religion.

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  • Cultural Diversity

    On Monday the 17th of August 2009 the Centre for Studies and Research in International Law and International Relations of the Hague Academy of International Law started. The Centre takes place annually at the Academy and Library building of the Peace Palace. The purpose of the Centre is to bring together advanced young scholars of [...]

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  • European Pact on Immigration and Asylum

    European Pact on Immigration and Asylum : At a meeting in Cannes on Monday, 7 July, EU ministers approved French proposals for a tougher common policy to stem the influx of illegal immigrants, despite some differences and concerns about accusations of xenophobia from outside the European Union.

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