The Right To Leave And Return And Chinese Migration Law
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| Author | : Guofu Liu |
| Publisher | : BRILL |
| Total Pages | : 448 |
| Release | : 2007-01-31 |
| Genre | : Law |
| ISBN | : 9047411854 |
Although the Right to Leave and Return (RLR) is a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws. In the case of China, the country’s communist political system has significantly affected the development of RLR and the country’s approach to it. As a rule, China’s approach is restrictive. As part of its reform and ‘opening up’ policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its past and its complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world. The Right to Leave and Return (RLR) and Chinese Migration Law provides a comprehensive and systematic review of the RLR in international and Chinese migration law. It has been written on the basis of Chinese statutes pertinent to the RLR, also of relevant international instruments and key cases. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.
| Author | : Guofu Liu |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 449 |
| Release | : 2007 |
| Genre | : Political Science |
| ISBN | : 9004156143 |
Although the Right to Leave and Return (RLR) is a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws. In the case of China, the country's communist political system has significantly affected the development of RLR and the country's approach to it. As a rule, China's approach is restrictive. As part of its reform and 'opening up' policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its past and its complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world. "The Right to Leave and Return (RLR) and Chinese Migration Law" provides a comprehensive and systematic review of the RLR in international and Chinese migration law. It has been written on the basis of Chinese statutes pertinent to the RLR, also of relevant international instruments and key cases. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.
| Author | : Beth Lew-Williams |
| Publisher | : Harvard University Press |
| Total Pages | : 361 |
| Release | : 2018-02-26 |
| Genre | : History |
| ISBN | : 0674976010 |
Beth Lew-Williams shows how American immigration policies incited violence against Chinese workers, and how that violence provoked new exclusionary policies. Locating the origins of the modern American "alien" in this violent era, she makes clear that the present resurgence of xenophobia builds mightily upon past fears of the "heathen Chinaman."
| Author | : Vincent Chetail |
| Publisher | : Oxford University Press |
| Total Pages | : 478 |
| Release | : 2019-03-29 |
| Genre | : Law |
| ISBN | : 019164546X |
International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. 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 fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular 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 mapping 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 irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. 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.
| Author | : Ko Ling Chan |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 260 |
| Release | : 2015-10-05 |
| Genre | : Social Science |
| ISBN | : 1443884049 |
Migration has played a significant role throughout Chinese history. Over the past few decades, the movements of the Chinese people, representing as they do a huge proportion of the world population, have attracted increasing attention both domestically and globally. Chinese migration is often a particularly complex phenomenon. On one hand, its characteristics have been shaped in many ways by numerous social, political and economic changes throughout the world, while, on the other, it has profound influences on the host countries and on China itself. Detailed investigation of the changing profiles of Chinese migrants, the reasons behind their movements, the challenges they face, and the strategies they use to cope with these problems will have significant implications for future policy making and practice. Chinese Migration and Families-At-Risk contributes to a better understanding of the various facets of Chinese migration. Its chapters address different concerns related to Chinese migration in the modern world, including the patterns and influences of internal migration within China; the issues related to migration from mainland China to Hong Kong, a special administrative region in China; and the history, features, and impact of Chinese migration to Western countries. Grounded in recent and contemporary research and scholarly inquiry, Chinese Migration and Families-At-Risk provides a comprehensive and critical review of the essential issues related to Chinese migrant families, and is undoubtedly a vital book for all who want to have a deeper understanding of the trends and current situation of Chinese migration.
| Author | : Brian Opeskin |
| Publisher | : Cambridge University Press |
| Total Pages | : 495 |
| Release | : 2012-09-27 |
| Genre | : Law |
| ISBN | : 1139576852 |
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.
| Author | : Guofu Liu |
| Publisher | : Routledge |
| Total Pages | : 234 |
| Release | : 2016-05-23 |
| Genre | : Social Science |
| ISBN | : 1317167015 |
Lacking a single immigration code, Chinese immigration law is widespread, encompassing a variety of laws, regulations and policies, some of which are internal and closed. There is also no immigration cases system. These factors have combined to make the study and understanding of the system difficult for those outside or unfamiliar with this area of Chinese law. To add to this complexity, since the reform and opening-up policy in 1978, Chinese immigration law has been experiencing significant change. In particular, that brought about by the acceptance of a market economy in 1991, and with access to World Trade Organization membership in 2001. Due to the dilation of the legislation, the issue of conflict between Chinese immigration law and other Chinese laws has become serious. This book provides a comprehensive, up-to-date, and readily-accessible reference to Chinese immigration law. It provides the necessary detail, insight and background information for a thorough understanding of this complex system. The book has been written on the basis of Chinese statutes while also including coverage of the relevant international instruments. The work draws on and compares Chinese and English language sources, making it an invaluable resource for both Chinese and non-Chinese readers alike.
| Author | : Guofu Liu |
| Publisher | : Routledge |
| Total Pages | : 234 |
| Release | : 2016-05-23 |
| Genre | : Social Science |
| ISBN | : 1317167023 |
Lacking a single immigration code, Chinese immigration law is widespread, encompassing a variety of laws, regulations and policies, some of which are internal and closed. There is also no immigration cases system. These factors have combined to make the study and understanding of the system difficult for those outside or unfamiliar with this area of Chinese law. To add to this complexity, since the reform and opening-up policy in 1978, Chinese immigration law has been experiencing significant change. In particular, that brought about by the acceptance of a market economy in 1991, and with access to World Trade Organization membership in 2001. Due to the dilation of the legislation, the issue of conflict between Chinese immigration law and other Chinese laws has become serious. This book provides a comprehensive, up-to-date, and readily-accessible reference to Chinese immigration law. It provides the necessary detail, insight and background information for a thorough understanding of this complex system. The book has been written on the basis of Chinese statutes while also including coverage of the relevant international instruments. The work draws on and compares Chinese and English language sources, making it an invaluable resource for both Chinese and non-Chinese readers alike.
| Author | : Vincent Chetail |
| Publisher | : Oxford University Press |
| Total Pages | : 513 |
| Release | : 2019-04-04 |
| Genre | : Law |
| ISBN | : 0191645451 |
International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. 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 fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular 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 mapping 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 irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. 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.
| Author | : Sadananda Sahoo |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 400 |
| Release | : 2013-12-02 |
| Genre | : Social Science |
| ISBN | : 8132210476 |
This volume discusses how diasporas have evolved and engaged in economic, social and cultural domains of their host and home countries across the globe. The volume is divided into six parts: Issues, Challenges and Development Experiences; Diaspora Finance and Economic Development; Knowledge Transfer and Diasporas; The Politics of Inclusion and Exclusion; Gender and Diasporas; and Representation in Film, Theatre and Literature. It is truly a global representation of diasporic engagement. Its contributions come from experts in various disciplines across the globe, and the chapters cover socioeconomic, policy-related and cultural elements in countries as far apart as New Zealand and Zimbabwe. The contributors discuss major issues related to local communities' engagement with the diaspora and diaspora--home relations in Africa, West Asia, South and South-east Asia, Australia and New Zealand, China, and the USA, providing a panoramic view of diasporic flows in the twenty-first century. The interdisciplinary thrust of the volume, together with its global focus, makes this volume useful to researchers, academics and experts from the social sciences, population sciences and development studies, as also to analysts and policymakers across the world.
