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.

Bibliography

Reference works

Leading articles

Documents

Periodicals, serial publications

Bibliographies

New titles


1. Homelessness and the law
Homelessness and the law : constitution, criminal law and human law / G.J. Vonk & A. Tollenaar (eds.). - Nijmegen : Wolf Legal Publishers (WLP), 2014. - 236 pages. ; 24 cm ISBN paperback - 2014
Keywords: Homelessness, Human rights, Immigration, Constitutions, Criminal law, Housing, Welfare standards, Access to justice,

2. Yabancilar ve Mülteci Hukukuna Ilişkin Daniştay 10. Daire Kararları
Yabancilar ve Mülteci Hukukuna Ilişkin Daniştay 10. Daire Kararları / Nuray Ekşi, Bülent Çiçekli. - Istanbul : Beta Basım, 2012. - XXXVI, 195 pages. ; 24 cm Contains: Yabancıların ıkamet, Seyehat, Çalişma Haklari, Sınırdışı Edilmeleri ve Vatandaşlık Başvurularına iliskin kararlar. - Mülteci ve Sığınmacılara İlişkin Kararlar. - 2012
Keywords: Turkey, Immigration law, Refugees, Aliens, Citizenship, Deportation, Council of State, Case-law,

3. Umsetzung der Hochqualifizierten-Richtlinie in der Bundesrepublik Deutschland
Umsetzung der Hochqualifizierten-Richtlinie in der Bundesrepublik Deutschland / Gisbert Brinkmann. - Heidelberg : C.F. Müller. - Page 11-35 In: Grenzüberschreitendes Recht - Crossing Frontiers : Festschrift für Kay Hailbronner / herausgegeben von Georg Jochum, Wolfgang Fritzemeyer, Marcel Kau, ISBN 3811439146: (2013), Page 11-35. - 2013
Keywords: Germany, European Union, Third states, Immigration, Migration, Family reunion, Community law and municipal law,

4. Dublin und die Schweiz - Geschichte einer wechselvollen Beziehung
Dublin und die Schweiz - Geschichte einer wechselvollen Beziehung / Mario Gattiker, Markus Peek. - Heidelberg : C.F. Müller. - Page 49-60 In: Grenzüberschreitendes Recht - Crossing Frontiers : Festschrift für Kay Hailbronner / herausgegeben von Georg Jochum, Wolfgang Fritzemeyer, Marcel Kau, ISBN 3811439146: (2013), Page 49-60. - 2013
Keywords: Switzerland, European Union, Convention Determining the State Responsible for Examining Applications for Asylum Lodged in one of the Member States of the European Communities (Dublin, 15 June 1990), Asylum, Refugees, Immigration,

5. Aufenthalsrecht vor dem Infarkt
Aufenthalsrecht vor dem Infarkt : ein rechtspolitisches Menetekel / Christian Klos. - Heidelberg : C.F. Müller. - Page 123-136 In: Grenzüberschreitendes Recht - Crossing Frontiers : Festschrift für Kay Hailbronner / herausgegeben von Georg Jochum, Wolfgang Fritzemeyer, Marcel Kau, ISBN 3811439146: (2013), Page 123-136. - 2013
Keywords: Germany, Immigration law,

6. Politik der Würde im Bereich des Auslänederrechst
Politik der Würde im Bereich des Auslänederrechst / Winfried Kluth. - Heidelberg : C.F. Müller. - Page 137-151 In: Grenzüberschreitendes Recht - Crossing Frontiers : Festschrift für Kay Hailbronner / herausgegeben von Georg Jochum, Wolfgang Fritzemeyer, Marcel Kau, ISBN 3811439146: (2013), Page 137-151. - 2013
Keywords: Germany, Immigration law,

7. Ausländerrecht und Erwerbsmigration in konjunktureller und struktureller Perspektive
Ausländerrecht und Erwerbsmigration in konjunktureller und struktureller Perspektive / Hans Dietrich von Loeffelholz. - Heidelberg : C.F. Müller. - Page 201-216 In: Grenzüberschreitendes Recht - Crossing Frontiers : Festschrift für Kay Hailbronner / herausgegeben von Georg Jochum, Wolfgang Fritzemeyer, Marcel Kau, ISBN 3811439146: (2013), Page 201-216. - 2013
Keywords: Germany, European Union, Foreign workers, Migration, Aliens,

8. The Meaning of Unlawfull Presence in U.S. Immigration Law
The Meaning of Unlawfull Presence in U.S. Immigration Law / Hiroshi Motomura. - Heidelberg : C.F. Müller. - Page 229-243 In: Grenzüberschreitendes Recht - Crossing Frontiers : Festschrift für Kay Hailbronner / herausgegeben von Georg Jochum, Wolfgang Fritzemeyer, Marcel Kau, ISBN 3811439146: (2013), Page 229-243. - 2013
Keywords: United States of America, Immigration, Illegal immigrants, Immigration law,

9. Einbürgerung und die Integration von Migration
Einbürgerung und die Integration von Migration / Friedrich Heckmann. - Heidelberg : C.F. Müller. - Page 301-312 In: Grenzüberschreitendes Recht - Crossing Frontiers : Festschrift für Kay Hailbronner / herausgegeben von Georg Jochum, Wolfgang Fritzemeyer, Marcel Kau, ISBN 3811439146: (2013), Page 301-312. - 2013
Keywords: Germany, Citizenship, Integration, Migration,

10. Managing Migration in an Age of Globalization
Managing Migration in an Age of Globalization / Philip Martin. - Heidelberg : C.F. Müller. - Page 869-882 In: Grenzüberschreitendes Recht - Crossing Frontiers : Festschrift für Kay Hailbronner / herausgegeben von Georg Jochum, Wolfgang Fritzemeyer, Marcel Kau, ISBN 3811439146: (2013), Page 869-882. - 2013
Keywords: Immigration, Migration, Globalization, International relations,

11. Homelessness and the Law: a General Introduction
Homelessness and the Law: a General Introduction / Gijsbert Vonk. - Nijmegen : Wolf Legal Publishers (WLP). - Page 3-21 In: Homelessness and the Law / G.J. Vonk & A. Tollenaar (eds.), ISBN 9789462400948: (2014), Page 3-21. - 2014
Keywords: European Union, Great Britain, Homelessness, Constitutional law, Criminal law, Housing, Welfare standards, Immigration, Human rights, Community law and municipal law,

12. Homelessness, Constitution and Governance
Homelessness, Constitution and Governance / Albertjan Tollenaar. - Nijmegen : Wolf Legal Publishers (WLP). - Page 25-48 In: Homelessness and the Law / G.J. Vonk & A. Tollenaar (eds.), ISBN 9789462400948: (2014), Page 25-48. - 2014
Keywords: The Netherlands, Homelessness, Constitutional law, Local government, Immigration,

13. Plädoyer für die Abschaffung des Asylbewerberleistungsgesetzes
Plädoyer für die Abschaffung des Asylbewerberleistungsgesetzes : verfassungsrechtliche Gründe und Vorschläge zur Umsetzung / Wiebke Judith, Ricardo Brehme In: Kritische Justiz = ISSN 0023-4834: vol. 47, issue 3, page 330-340. - 2014
Keywords: Germany, Asylum, Immigration, Constitutional law, Reform, Residence,

14. Menschenrechte Pushed Back
Menschenrechte Pushed Back : wie die neue Seeaußengrenzenverordnung das Hirsi-Urteil zurückweist / Darius Reinhardt In: Kritische Justiz = ISSN 0023-4834: vol. 47, issue 3, page 341-349. - 2014
Keywords: European Union, Frontex, Charter of Fundamental Rights of the European Union, Human rights, European Court of Human Rights, European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950), Community law, United Nations High Commissioner for Refugees,

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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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  • Rubio-Marín, R. (ed.), Human Rights and Immigration, Oxford, Oxford University Press, 2014.

    Rubio-Marín, R. (ed.), Human Rights and Immigration, Oxford, Oxford University Press, 2014.

    Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights.

    This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.

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

    cheail, v. and c. bauloz (eds.), research handbook on international law and migration, cheltenham, 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.

    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, 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.

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  • Juss, S.S. (ed.), The Ashgate Research Companion to Migration Law, Theory and Policy, Farnham, Ashgate, 2013.

    Juss, S.S. (ed.), The Ashgate Research Companion to Migration Law, Theory and Policy, Farnham, Ashgate, 2013.
    The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.
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  • Opeskin, B. (et al.) (eds.), Foundations of International Migration Law, Cambridge, Cambridge University Press, 2012.

    Opeskin, B. (et al.) (eds.), Foundations of International Migration Law, Cambridge, Cambridge University Press, 2012.

    International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.

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  • Rosenblum, M.R. and D.J. Tichenor (eds.), The Oxford Handbook of the Politics of International Migration, Oxford, Oxford University Press, 2012.

    Rosenblum, M.R. and D.J. Tichenor (eds.), The Oxford Handbook of the Politics of International Migration, Oxford, Oxford University Press, 2012.

    The Oxford Handbook of the Welfare State is the authoritative and definitive guide to the contemporary welfare state. In nearly fifty newly-written articles, scholars offer an account of everything one needs to know about the modern welfare state. The text is divided into eight sections. It opens with three articles that evaluate the philosophical case for (and against) the welfare state. Surveys of the welfare state’s history and of the approaches taken to its study are followed by four extended sections, which offer an in-depth survey of current state of knowledge across the whole range of issues that the welfare state embraces. The first of these sections looks at inputs and actors (including the roles of parties, unions, and employers), the impact of gender and religion, patterns of migration and a changing public opinion, the role of international organisations and the impact of globalisation. The next two sections cover policy inputs (in areas such as pensions, health care, disability, care of the elderly, unemployment, and labour market activation) and their outcomes (in terms of inequality and poverty, macroeconomic performance, and retrenchment). The seventh section surveys welfare state experience around the globe (and not just within the OECD). Two final articles consider questions about the global future of the welfare state.

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  • Talani, L.S. (ed.), Globalisation, Migration, and the Future of Europe: Insiders and Outsiders, London, Routledge, 2012.

    Talani, L.S. (ed.), Globalisation, Migration, and the Future of Europe: Insiders and Outsiders, London, Routledge, 2012.

    Showcasing an original, interdisciplinary approach, this text examines the effect of migration on the domestic politics of individual states and how they are eroding the distinctions between the domestic and foreign policy, the ‘inside’ and ‘outside’ components of politics and law. During the twentieth century the context in which migrants negotiate their integration within legal, social, cultural, economic and political spaces changed significantly. Drawing upon varied perspectives from the US, UK, France, Germany, Switzerland, Russia and Italy among others, this work develops a comprehensive understanding of the impact migratory networks are having on European societies. It investigates the strategies of integration or discrimination which are developed in Europe by state institutions, legal codes, political movements and even immigrant communities themselves, when confronted with the growing influence of migratory networks. The result is a highly topical exploration of the political and legal dimensions of migration in the EU, that develops new approaches to the issue of social integration and the exclusion of migrants and migrant communities. Globalization, Migration, and the Future of Europe will be of interest to students and scholars of migration, European studies, globalization and International Law.

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  • Triandafyllidou, A. and T. Maroukis, Migrant Smuggling: Irregular Migration From Asia and Africa to Europe, Palgrave, Macmillan, 2012.

    Triandafyllidou, A. and T. Maroukis, Migrant Smuggling: Irregular Migration From Asia and Africa to Europe, Palgrave, Macmillan, 2012.

    This book explores one important aspect of international irregular migration, notably the smuggling of migrants from Asia and Africa into southern European countries. During the last two decades, international migration has intensified both across the East to West and South to North axis,with Europe receiving increasing numbers of migrants from developing countries in Africa and Asia (and also Latin America), and this work examinesthis international movement of people that oftentakes place illegally and involves either unlawful border crossings or overstaying (with or without a visa). The book also discusses how migration control policies in southern European countries may inadvertently shape the migrant smuggling phenomenon and the smuggling ‘business’.

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  • Ho, C.G.T. and J. Loucky, Humane Migration: Establishing Legitimacy and Rights for Displaced People, Sterling, VA, Kumarian Press, 2012.

    Ho, C.G.T. and J. Loucky, Humane Migration: Establishing Legitimacy and Rights for Displaced People, Sterling, VA, Kumarian Press, 2012.

    The popular discourse on immigration in North America and Western Europe is usually framed in terms of violations to national law, fueled by fear and propped up by the myths of nationhood. The rhetoric maintains that immigrants as individuals threaten jobs, the local economy and the cultural identity of a country. But these views fail to consider the ironic reality: that the developed world, which tries so emphatically to keep poor people out, itself produces the systemic economic conditions that foster migration. “Dispossessed People” provides a fresh look at the debate on international migration in general and immigration to the United States, Europe and Canada in particular. It explains clearly why groups migrate and the militarized anxiety that threatens their livelihood. Arguing that migration is a human right, the authors call for better policies that recognize these rights and the many benefits that migrants provide to their new communities. This book is an essential text for policy makers, students and activists who seek justice for the world’s vulnerable populations.

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Database

Blogs

  • 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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