Mass Expulsion in Modern International Law and Practice
Author | : Jean-Marie Henckaerts |
Publisher | : BRILL |
Total Pages | : 275 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004478337 |
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Author | : Jean-Marie Henckaerts |
Publisher | : BRILL |
Total Pages | : 275 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004478337 |
Author | : Julia Wojnowska-Radzińska |
Publisher | : Hotei Publishing |
Total Pages | : 244 |
Release | : 2015-03-20 |
Genre | : Law |
ISBN | : 9004265449 |
In The Right of an Alien to be Protected against Arbitrary Expulsion in International Law Julia Wojnowska-Radzińska offers a comprehensive legal study of international legal obligations of States for the protection of aliens lawfully residing against arbitrary expulsion. It also provides practical information on administrative proceedings, legal remedies and procedural rights aliens exercise. The book aims at answering a fundamental question how to strike a balance between the inherent right of a State to expel an alien and the rights the latter is entitled to. The reader will therefore be given a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting.
Author | : Eileen Denza |
Publisher | : Oxford University Press |
Total Pages | : 472 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198703961 |
The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
Author | : Guy S. Goodwin-Gill |
Publisher | : Oxford University Press |
Total Pages | : 847 |
Release | : 2007 |
Genre | : Art |
ISBN | : 0199281300 |
Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.
Author | : Nicholas De Genova |
Publisher | : Duke University Press |
Total Pages | : 521 |
Release | : 2010-04-15 |
Genre | : Social Science |
ISBN | : 0822391341 |
This important collection examines deportation as an increasingly global mechanism of state control. Anthropologists, historians, legal scholars, and sociologists consider not only the physical expulsion of noncitizens but also the social discipline and labor subordination resulting from deportability, the threat of forced removal. They explore practices and experiences of deportation in regional and national settings from the U.S.-Mexico border to Israel, and from Somalia to Switzerland. They also address broader questions, including the ontological significance of freedom of movement; the historical antecedents of deportation, such as banishment and exile; and the development, entrenchment, and consequences of organizing sovereign power and framing individual rights by territory. Whether investigating the power that individual and corporate sponsors have over the fate of foreign laborers in Bahrain, the implications of Germany’s temporary suspension of deportation orders for pregnant and ill migrants, or the significance of the detention camp, the contributors reveal how deportation reflects and reproduces notions about public health, racial purity, and class privilege. They also provide insight into how deportation and deportability are experienced by individuals, including Arabs, South Asians, and Muslims in the United States. One contributor looks at asylum claims in light of an unusual anti-deportation campaign mounted by Algerian refugees in Montreal; others analyze the European Union as an entity specifically dedicated to governing mobility inside and across its official borders. The Deportation Regime addresses urgent issues related to human rights, international migration, and the extensive security measures implemented by nation-states since September 11, 2001. Contributors: Rutvica Andrijasevic, Aashti Bhartia, Heide Castañeda , Galina Cornelisse , Susan Bibler Coutin, Nicholas De Genova, Andrew M. Gardner, Josiah Heyman, Serhat Karakayali, Sunaina Marr Maira, Guillermina Gina Nuñez, Peter Nyers, Nathalie Peutz, Enrica Rigo, Victor Talavera, William Walters, Hans-Rudolf Wicker, Sarah S. Willen
Author | : Roberta Mungianu |
Publisher | : Cambridge University Press |
Total Pages | : 275 |
Release | : 2016-08-18 |
Genre | : Law |
ISBN | : 1316790827 |
Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.
Author | : Anne T. Gallagher |
Publisher | : Cambridge University Press |
Total Pages | : 841 |
Release | : 2014-07-21 |
Genre | : Law |
ISBN | : 1107015928 |
This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.
Author | : Ines Hasselberg |
Publisher | : Berghahn Books |
Total Pages | : 186 |
Release | : 2016-03-01 |
Genre | : Social Science |
ISBN | : 1785330233 |
Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here – on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance – are important for broader understandings of border control policy and human rights.
Author | : Torrie Hester |
Publisher | : University of Pennsylvania Press |
Total Pages | : 256 |
Release | : 2017-05-08 |
Genre | : History |
ISBN | : 081224916X |
Before 1882, the U.S. federal government had never formally deported anyone, but that year an act of Congress made Chinese workers the first group of immigrants eligible for deportation. Over the next forty years, lawmakers and judges expanded deportable categories to include prostitutes, anarchists, the sick, and various kinds of criminals. The history of that lengthening list shaped the policy options U.S. citizens continue to live with into the present. Deportation covers the uncertain beginnings of American deportation policy and recounts the halting and uncoordinated steps that were taken as it emerged from piecemeal actions in Congress and courtrooms across the country to become an established national policy by the 1920s. Usually viewed from within the nation, deportation policy also plays a part in geopolitics; deportees, after all, have to be sent somewhere. Studying deportations out of the United States as well as the deportation of U.S. citizens back to the United States from abroad, Torrie Hester illustrates that U.S. policy makers were part of a global trend that saw officials from nations around the world either revise older immigrant removal policies or create new ones. A history of immigration policy in the United States and the world, Deportation chronicles the unsystematic emergence of what has become an internationally recognized legal doctrine, the far-reaching impact of which has forever altered what it means to be an immigrant and a citizen.
Author | : R. M. Douglas |
Publisher | : Yale University Press |
Total Pages | : 696 |
Release | : 2012-06-26 |
Genre | : History |
ISBN | : 0300183763 |
The award-winning history of 12 million German-speaking civilians in Europe who were driven from their homes after WWII: “a major achievement” (New Republic). Immediately after the Second World War, the victorious Allies authorized the forced relocation of ethnic Germans from their homes across central and southern Europe to Germany. The numbers were almost unimaginable: between 12 and 14 million civilians, most of them women and children. And the losses were horrifying: at least five hundred thousand people, and perhaps many more, died while detained in former concentration camps, locked in trains, or after arriving in Germany malnourished, and homeless. In this authoritative and objective account, historian R.M. Douglas examines an aspect of European history that few have wished to confront, exploring how the forced migrations were conceived, planned, and executed, and how their legacy reverberates throughout central Europe today. The first comprehensive history of this immense manmade catastrophe, Orderly and Humane is an important study of the largest recorded episode of what we now call "ethnic cleansing." It may also be the most significant untold story of the World War II.