International Migration Law 1st edition by Vincent Chetail – Ebook PDF Instant Download/Delivery: 0199668264, 9780199668267
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ISBN 10: 0199668264
ISBN 13: 9780199668267
Author: Vincent Chetail
International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons.The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous branches of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime and air law, criminal law, and consular and diplomatic law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive overview of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as undocumented migration, nationality, trafficking, family reunification, refugee protection, non-discrimination, regional free movement schemes, and trade and development. It also offers a particular focus on important groups of migrants, namely migrant workers, students, and refugees. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.
International Migration Law 1st Table of contents:
Part I. Origins and Foundations of International Migration Law
Introduction to Part I
1. History of International Migration Law
1.1 The Movement of Persons in the Doctrine of the Law of Nations (16th Century to 18th Century)
1.1.1 The right of communication between peoples by Vitoria and Grotius
Vitoria and the right of communication
Grotius and the law of hospitality
1.1.2 State sovereignty and the admission of aliens by Pufendorf and Wolff
Pufendorf and the reason of state
Wolff and the patrimonial state
1.1.3 The synthesis of Vattel: sovereignty versus necessity
Emigration and immigration by Vattel
Innocent passage and the dual law of nations
Necessity: a right to illegal entry
1.2 The Rise and Fall of Free Movement (19th Century to 20th Century)
1.2.1 The climax of free movement in the 19th century
Free movement and sovereignty in the legal doctrine of the 19th century
The codification of the right to admission by the Institute of International Law
1.2.2 The invention of immigration control and the turn of the 20th century
1.2.3 Inter-state cooperation and the emergence of global migration governance
1.3 The Human Rights of Migrants: From Minimum Standards to Fundamental Rights (20th Century to 21st Century)
1.3.1 The origins of the international minimum standard in the law of state responsibility
1.3.2 The emergence of international human rights law as the primary source of protection for migrants
1.3.3 The international protection of migrants: the epitome of human rights
2. Founding Principles of International Migration Law
2.1 Departure of Migrants
2.1.1 The international recognition of the right to leave any country
2.1.2 The right to leave any country in customary international law
2.2 Admission of Migrants
2.2.1 The right to enter under universal treaty law
The right to enter under the International Covenant on Civil and Political Rights
The movement of persons supplying services under the General Agreement on Trade in Services
2.2.2 The right to free movement under regional treaty law
Overview and typology of regional treaty regimes on the free movement of persons
Freedom of movement in Europe
Freedom of movement in Africa
Freedom of movement in Latin America and the Caribbean
2.2.3 Admission under customary international law
The principle of non-refoulement
The principle of family reunification
2.2.4 Immigration control and procedural guarantees under customary international law
The prohibition of arbitrary detention
Due process guarantees and the removal of undocumented migrants
Enforcement of immigration control and the right to human dignity
2.3 The Sojourn of Migrants
2.3.1 The principle of non-discrimination in customary international law
2.3.2 Nationality, immigration status, and the principle of non-discrimination
The impact of the principle of non-discrimination on the human rights of migrants
The scope and content of the principle of non-discrimination with regard to economic and social rights of migrants
Part II. The Treaty Regimes of International Migration Law
Introduction to Part II
3. Refugees
3.1 The Refugee Definition
3.1.1 The structure and rationale of the refugee definition
3.1.2 The limits of the refugee definition
3.2 The Refugee Status
3.2.1 The content of the refugee status
3.2.2 The ratio legis of the refugee status
3.2.3 The enlargement of the refugee status by human rights law
3.3 The Principle of Non-refoulement
3.3.1 The scope and content of the principle of non-refoulement: an overview
3.3.2 The relations between asylum and non-refoulement
3.3.3 The principle of non-refoulement under human rights law
4. Migrant Workers
4.1 The ILO’s Conventions on Migrant Workers
4.1.1 The definition of migrant workers
4.1.2 The regulation of labour migration: an open-ended framework of inter-state cooperation
Inter-state cooperation on regular migration
Inter-state cooperation on irregular migration
4.1.3 The international protection of migrant workers
The basic human rights of all migrant workers
The rights of migrant workers in a regular situation
4.1.4 The quest for ratifications and the parallel application of general labour conventions
The legal obstacles to ratification
The continuing application of general labour conventions
4.2 The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
4.2.1 The definition of migrant workers
The scope of the UN definition of migrant workers
Family members of migrant workers
Refugees, stateless persons, and the definition of migrant workers
4.2.2 The regulation of labour migration under the ICRMW: between cooperation and constraint
The multilateral framework of inter-state cooperation
The rights of migrant workers as a limit to migration control
4.2.3 The international protection of migrant workers
The normative commonalities between the ICRMW and general human rights conventions
4.2.4 The ratification of the ICRMW and the long road to universality
The obstacles to ratification
The politicization of non-ratification
Looking beyond Western politics of non-ratification
5. Trafficked and Smuggled Migrants
5.1 The Definitions of Trafficking and Smuggling
5.1.1 The constitutive elements of trafficking in persons
5.1.2 The constitutive elements of the smuggling of migrants
5.1.3 The overlap between the trafficking in persons and the smuggling of migrants
5.2 The Fight against Trafficking and Smuggling
5.2.1 The criminalization of trafficking and smuggling
5.2.2 The reinforcement of immigration control
5.3 The International Protection of Trafficked Persons and Smuggled Migrants
5.3.1 The limits of protection in the Palermo Protocols
5.3.2 The saving clauses of the Palermo Protocols: a case for an integrated approach to international migration law
Part III. Soft Law and Global Migration Governance
Introduction to Part III
6. The Functions and Evolution of Soft Law in Global Migration Governance
6.1 The Functions of Soft Law in International Migration Law
6.1.1 Definition of soft law
6.1.2 Soft law as a support to hard law
6.1.3 Soft law as an alternative to hard law
6.1.4 Soft law as a double-edged sword
The perils of soft law
The promises of soft law
6.2 Soft Law as a Catalyst of Global Migration Governance: The Long Road towards a Comprehensive and Balanced Approach
6.2.1 Experimentation and expansion of informal dialogue and inter-state cooperation: 1994–2005
The rise of mini-multilateralism and inter-state dialogue outside the UN
The increased involvement of UN specialized institutions
6.2.2 The revival of the UN and the migration-development nexus: 2006–2015
The rise of the General Assembly as a forum of inter-state dialogue
The progressive enlargement of the international agenda beyond the migration-development nexus
6.2.3 The New York Declaration and the UN Global Compacts: 2016–2018
The New York Declaration for Refugees and Migrants
The entry of IOM into the UN system
The drafting process of the UN Global Compacts for Migration and Refugees
The Global Compact for Safe, Orderly, and Regular Migration
The Global Compact on Refugees
7. The Architecture of Global Migration Governance
7.1 The Institutional Design of Global Migration Governance
7.1.1 The quest for a world migration organization
7.1.2 A deconstructivist architecture of global migration governance
7.2 The Pillars of Global Migration Governance
7.2.1 The intergovernmental pillar of global migration governance: the Global Forum on Migration and Development
7.2.2 The inter-agency pillar of global migration governance: the Global Migration Group
7.3 IOM and UNHCR: The Building Blocks of Global Migration Governance
7.3.1 The standing and governing structure of UNHCR and IOM within the UN system
7.3.2 The blurred division of labour between UNHCR and IOM
The ratione personae mandates of UNHCR and IOM
The ratione materiae mandates of UNHCR and IOM
The schizophrenic stance of UNHCR and IOM towards states
7.3.3 The dividing line between UNHCR and IOM: normative and supervisory functions
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