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

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1. Międzynarodowa ochrona pracowników migrujących
Międzynarodowa ochrona pracowników migrujących : geneza, instytucje, oddziaływanie / Bogumił Termiński. - Warszawa : Elipsa, 2011. - 308 p. : ill. ; 24 cm Met lit. opg. - Bibliogr.: p. 279-296. - 2011
Keywords: Immigration, Migration, Human rights, International protection, International organizations,

2. Human rights, migration, and social conflict
Human rights, migration, and social conflict : towards a decolonized global justice / Ariadna Estévez. - New York, NY [etc.] : Palgrave Macmillan, 2012. - 226 p. ; 23 cm Lit. opg.: p. 181-217. - Met index. - 2012
Keywords: Immigration, Migration, Government policy, Civil and political rights, Human rights, Social conditions,

3. Refugee repatriation
Refugee repatriation : justice, responsibility and redress / Megan Bradley. - Cambridge [etc.] : Cambridge University Press, 2013. - XI, 294 p. ; 24 cm Bibliogr.: p. 248-284. - Met lit. opg. en index. - 2013
Keywords: Repatriation, Refugees, State responsibility, Asylum, Immigration,

4. Der Bürgerstatus im Licht von Migration und europäischer Integration
Der Bürgerstatus im Licht von Migration und europäischer Integration / von Sophie-Charlotte Lenski In: Deutsches Verwaltungsblatt = ISSN 0012-1363: vol. 127, issue 17, page 1057-1064. - 2012
Keywords: European Union, Nationality, National identity, Citizenship, Migration, European integration,

5. Evaluating the Palestinians' Claimed Right of Return
Evaluating the Palestinians' Claimed Right of Return / Andrew Kent In: University of Pennsylvania Journal of International Law = ISSN 1086-7872: vol. 34, issue 1, page 149-275. - 2012
Keywords: Israel, Arab-Israeli conflict, Palestinians, Refugees, Repatriation, Human rights,

6. Environmentally-induced displacement
Environmentally-induced displacement : theoretical frameworks and current challenges / Bogumil Terminski. - Geneva : [s.n.], 2012. - [159] p. : ill Met lit. opg. - 2012
Keywords: Environmental refugees, Natural disasters, Migration, Legal concept, E-docs,

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  • Nykänen, E., Fragmented State Power and Forced Migration: A Study on Non-State Actors in Refugee Law, Leiden, Nijhoff, 2012.

    Nykänen, E., Fragmented State Power and Forced Migration: A Study on Non-State Actors in Refugee Law, Leiden, Nijhoff, 2012.

    The relative decline of state power and the increase in the significance of various non-state actors is one of the greatest challenges faced by the legal framework for the international protection of refugees and other forced migrants over previous decades. A large number of asylum seekers applying for protection in Europe and other industrialized states originate from countries where the state structure is weak, if not non-existent, and where the threats faced by individuals stem primarily from actors other than the state authorities. The legal framework for international protection, which rests on a state-centric paradigm, is struggling with claims for protection arising from such situations. Drawing extensively on international and European law, international and national case law, as well as academic writings, this study analyzes the legal obligations that states have towards refugees and other forced migrants facing threats emanating from non-state actors, exploring the transformative possibilities embedded in the law in this respect.

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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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  • Perruchoud, R. and K. Tömölová (eds.), Compendium of International Migration Law Instruments, The Hague, T.M.C. Asser Press, 2007

    Perruchoud, R. and K. Tömölová (eds.), Compendium of International Migration Law Instruments, The Hague, T.M.C. Asser Press, 2007

    If you believe that States have complete discretion in handling migration matters and that migrants are not protected under international law, read this book! You will be amazed by the wealth of international instruments, treaties, standards and principles existing in international law. Rights and obligations of States, as well as rights and duties of migrants, are defined in a great number of legal instruments – some of them hard to find – stemming from various branches of law and constituting what is known as “international migration law”. This publication assists readers – be they academics, students, practitioners, experts or migrants themselves – to better orientate themselves in this web of norms and principles existing at the international level. The focus of the Compendium is a comprehensive compilation of universal instruments with varying degrees of legal force – from authoritative international treaties, through customary international law, to the sets of principles and guidelines which, although non-binding, are nonetheless of clear contemporary relevance and can contribute to the progressive development of law in areas not yet covered by “hard” norms. To further this end, this book is being released as a companion to International Migration Law – Developing Paradigms and Key Challenges (edited by R. Cholewinski, R. Perruchoud and E. MacDonald and published by T.M.C. Asser Press, The Hague 2007) which book shows how these norms have been applied and are developing in various concrete contexts. Richard Perruchoud is Director of the International migration Law and Legal Affairs Department of the International Organization for Migration in Geneva. Katarína Tömölová is an Associate Legal Officer in the same Department of IOM.

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  • Maloney, T.N. and K. Korinek, Migration in the 21st Century: Rights, Outcomes, and Policy, London, Routledge, 2011

    Maloney, T.N. and K. Korinek, Migration in the 21st Century: Rights, Outcomes, and Policy, London, Routledge, 2011

    In this volume, we examine the challenges and opportunities created by global migration at the start of the 21st century. Our focus extends beyond economic impact to questions of international law, human rights, and social and political incorporation. We examine immigrant outcomes and policy questions at the global, national, and local levels. Our primary purpose is to connect ethical, legal, and social science scholarship from a variety of disciplines in order to raise questions and generate new insights regarding patterns of migration and the design of useful policy. While the book incorporates studies of the evolution of immigration law globally and over the very long term, as well as considerations of the magnitude and determinants of immigrant flows at the global level, it places particular emphasis on the growth of immigration to the United States in the 1990s and early 2000s and provides new insights on the complex relationships between federal and state politics and regulation, popular misconceptions about the economic and social impacts of immigration, and the status of ‘undocumented’ immigrants.

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

    Rosenblum, M.R. AND D.J. Tichenor (eds.), The Oxford Handbook of the Politics of International Migration, 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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  • Kempadoo, K. (ed.), Trafficking and Prostitution Reconsidered: New Perspectives on Migration, Sex Work, and Human Rights, Boulder, CO, Paradigm, 2012.

    Kempadoo, K. (ed.), Trafficking and Prostitution Reconsidered: New Perspectives on Migration, Sex Work, and Human Rights, Boulder, CO, Paradigm, 2012.
    Since the 2005 publication of the highly acclaimed first edition of Trafficking and Prostitution Reconsidered, human trafficking has become virtually a household phrase. This new edition adds vitally important updates related to recent developments. A new introduction considers the term ‘sex trafficking’ and its growing use amongst feminist researchers. In a new chapter Ratna Kapur looks at changes in anti-trafficking legislation especially under the Obama administration. Jyoti Sanghera reports from her experience as a UN Human Rights commissioner and Bandana Pattanaik examines feminist participatory research on ‘trafficking’. The book concludes with a list of relevant websites, organisations, and publications useful for students, researchers, and activists.
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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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  • Ford, M., L. Lyons and W. van Schendel, Labour Migration and Human Trafficking in Southeast Asia: Critical Perspectives, London, Routledge, 2012.

    Ford, M., L. Lyons and W. van Schendel, Labour Migration and Human Trafficking in Southeast Asia: Critical Perspectives, London, Routledge, 2012.

    Since the signing of the UN Trafficking Protocol, anti-trafficking laws, policies and other initiatives have been implemented at the local, national and regional levels. These activities have received little scholarly attention. This volume aims to begin to fill this gap by documenting the micro-processes through which an anti-trafficking framework has been translated, implemented and resisted in mainland and island Southeast Asia. The detailed ethnographic accounts in this collection examine the everyday practices of the diverse range of actors involved in trafficking-like practices and in anti-trafficking initiatives. In demonstrating how the anti-trafficking framework has become influential – and even over-determining – in some border sites and yet remains mostly irrelevant in others, the chapters in this collection explore the complex connections between labour migration, migrant smuggling and human trafficking.

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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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  • The First Decade of EU Migration and Asylum Law

    The First Decade of EU Migration and Asylum Law

    The First Decade of EU Migration and Asylum Law

    GUILD, E. and P. MINDERHOUD, 1212
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  • Glossaire de la Migration

    Glossaire de la migrationRichard Perruchoud (ed.), 2007
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  • Selected Studies in International Migration and Immigrant Incorporation

    Selected studies in international migration and immigrant incorporationMarco Martiniello and Jan Rath (eds.), 2010
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