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 Rights of Migrants, 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’. In article 1.1 of this Convention 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, family reunification, migration and security, combating irregular migration, 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. Condição jurídica dos estrangeiros no Brasil
Condição jurídica dos estrangeiros no Brasil : necessidade de consolidar a legislação a eles relativa / Antonio Chaves. - São Paulo, Brasil : Editora Revista dos Tribunais. - Page 663-671 In: Direito Internacional : doutrinas essenciais / Luiz Olavo Baptista, Valerio de Oliveira Mazzuoli, organizadores, ISBN 9788520343067: vol. 4. - 2012
Keywords: Brazil, Aliens, Immigration law,

2. A deportação do estrangeiro e o seu processo no Brasil
A deportação do estrangeiro e o seu processo no Brasil / Luis Cezar Ramos Pereira. - São Paulo, Brasil : Editora Revista dos Tribunais. - Page 781-793 In: Direito Internacional : doutrinas essenciais / Luiz Olavo Baptista, Valerio de Oliveira Mazzuoli, organizadores, ISBN 9788520343067: vol. 4. - 2012
Keywords: Brazil, Aliens, Expulsion,

3. Direito de asilo
Direito de asilo / Luís Wanderley Tôrres. - São Paulo, Brasil : Editora Revista dos Tribunais. - Page 795-800 In: Direito Internacional : doutrinas essenciais / Luiz Olavo Baptista, Valerio de Oliveira Mazzuoli, organizadores, ISBN 9788520343067: vol. 4. - 2012
Keywords: United Nations, United States of America, Latin America, Right of asylum,

4. Das diferenças enter extradição, expulsão e deportação
Das diferenças enter extradição, expulsão e deportação / Ronaldo Rebello de Brito Poletti. - São Paulo, Brasil : Editora Revista dos Tribunais. - Page 817-822 In: Direito Internacional : doutrinas essenciais / Luiz Olavo Baptista, Valerio de Oliveira Mazzuoli, organizadores, ISBN 9788520343067: vol. 4. - 2012
Keywords: Brazil, Extradition, Expulsion, Illegal immigrants,

5. La agenda inconclusa de los refugiados afganos
La agenda inconclusa de los refugiados afganos : el largo camino hacia la repatriación voluntaria / Enrique Baltar Rodríguez In: Foro internacional = ISSN 0185-013X: vol. 54, issue 4 (oct-dec), page 905-953. - 2014
Keywords: Afghanistan, Refugees, Repatriation,

6. The Board of Immigration Appeals' Continuous Search for the Definition of
The Board of Immigration Appeals' Continuous Search for the Definition of : "Membership in a Particular Social Group" in Matter of M-E-V-G- and Matter of W-G-R-: in the Context of Youth Resistant to Gang Recruitment in Central America / Ivan A. Tereschenko In: Connecticut Journal of International Law = ISSN 0897-1218: vol. 30, issue 1, page 93-121. - 2014
Keywords: United States of America, Asylum, Refugees, Juvenile, Juvenile delinquency, Case-law, Immigration law,

Bibliography

Reference works

Interesting books

Leading articles

Documents

Periodicals, serial publications

Bibliographies

New titles


1. Condição jurídica dos estrangeiros no Brasil
Condição jurídica dos estrangeiros no Brasil : necessidade de consolidar a legislação a eles relativa / Antonio Chaves. - São Paulo, Brasil : Editora Revista dos Tribunais. - Page 663-671 In: Direito Internacional : doutrinas essenciais / Luiz Olavo Baptista, Valerio de Oliveira Mazzuoli, organizadores, ISBN 9788520343067: vol. 4. - 2012
Keywords: Brazil, Aliens, Immigration law,

2. A deportação do estrangeiro e o seu processo no Brasil
A deportação do estrangeiro e o seu processo no Brasil / Luis Cezar Ramos Pereira. - São Paulo, Brasil : Editora Revista dos Tribunais. - Page 781-793 In: Direito Internacional : doutrinas essenciais / Luiz Olavo Baptista, Valerio de Oliveira Mazzuoli, organizadores, ISBN 9788520343067: vol. 4. - 2012
Keywords: Brazil, Aliens, Expulsion,

3. Direito de asilo
Direito de asilo / Luís Wanderley Tôrres. - São Paulo, Brasil : Editora Revista dos Tribunais. - Page 795-800 In: Direito Internacional : doutrinas essenciais / Luiz Olavo Baptista, Valerio de Oliveira Mazzuoli, organizadores, ISBN 9788520343067: vol. 4. - 2012
Keywords: United Nations, United States of America, Latin America, Right of asylum,

4. Das diferenças enter extradição, expulsão e deportação
Das diferenças enter extradição, expulsão e deportação / Ronaldo Rebello de Brito Poletti. - São Paulo, Brasil : Editora Revista dos Tribunais. - Page 817-822 In: Direito Internacional : doutrinas essenciais / Luiz Olavo Baptista, Valerio de Oliveira Mazzuoli, organizadores, ISBN 9788520343067: vol. 4. - 2012
Keywords: Brazil, Extradition, Expulsion, Illegal immigrants,

5. La agenda inconclusa de los refugiados afganos
La agenda inconclusa de los refugiados afganos : el largo camino hacia la repatriación voluntaria / Enrique Baltar Rodríguez In: Foro internacional = ISSN 0185-013X: vol. 54, issue 4 (oct-dec), page 905-953. - 2014
Keywords: Afghanistan, Refugees, Repatriation,

6. The Board of Immigration Appeals' Continuous Search for the Definition of
The Board of Immigration Appeals' Continuous Search for the Definition of : "Membership in a Particular Social Group" in Matter of M-E-V-G- and Matter of W-G-R-: in the Context of Youth Resistant to Gang Recruitment in Central America / Ivan A. Tereschenko In: Connecticut Journal of International Law = ISSN 0897-1218: vol. 30, issue 1, page 93-121. - 2014
Keywords: United States of America, Asylum, Refugees, Juvenile, Juvenile delinquency, Case-law, Immigration law,

Librarian's choice

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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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  • Westin, C., and S. Hassanen, People on the Move: Experiences of Forced Migration. With Examples from Various Parts of the World, Trenton, The Red Sea Press, 2014.

    This volume deals with various issues of forced migration from developing countries, in some cases to neighbouring countries, in others to countries in the developed world. The forty-year period covered is from the late 1960s. In some cases the migration processes the contributors concentrate on resulted in settlement on a permanent basis in a receiving country, in their examples with strong links to diasporic communities elsewhere; in other cases the outcome is that individual families making up the diasporic cultural community go transnational themselves, living here at times, living there for periods, commuting and transcending national, cultural, political and linguistic boundaries. Chapters presenting empirical examples are guided theoretically, bringing observations in to theoretical interpretations. These chapters are interspersed with theoretical expositions of concepts such as durable solutions, nation state, citizenship and transnationalism.

    This volume deals with various issues of forced migration from developing countries, in some cases to neighbouring countries, in others to countries in the developed world. The forty-year period covered is from the late 1960s. In some cases the migration processes the contributors concentrate on resulted in settlement on a permanent basis in a receiving country, in their examples with strong links to diasporic communities elsewhere; in other cases the outcome is that individual families making up the diasporic cultural community go transnational themselves, living here at times, living there for periods, commuting and transcending national, cultural, political and linguistic boundaries. Chapters presenting empirical examples are guided theoretically, bringing observations in to theoretical interpretations. These chapters are interspersed with theoretical expositions of concepts such as durable solutions, nation state, citizenship and transnationalism.

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  • Chetail, V. and C. Bauloz (eds.), Research Handbook on International Law and Migration, Cheltenham, Edward, Elgar, 2014.

    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.

    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.

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Database

Blogs

  • 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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