Law Security And Migration
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Forced Migration, Human Rights and Security
The international protection regime for refugees and other forced migrants seems increasingly at risk as measures designed to enhance security-of borders, of people, of institutions, and of national identity-encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the international protection regime, with a particular focus on the human rights of those displaced. The book begins by assessing the impact of anti-terrorism laws on refugee status, both at the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers' access to territory and entitlements (both procedural and substantive). It considers the particular needs and rights of children as forced migrants, but also as children; the role of human rights law in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makers in assessing the credibility of evidence; and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law, so as to overcome (or at least diminish) the currently diverse and sometimes conflicting approaches of national courts. The last part of the book examines the status of people who benefit from 'complementary protection'-such as those who cannot be removed from a country because they face a risk of torture or cruel, inhuman or degrading treatment or punishment-and the scope for the broader concept of the 'responsibility to protect' to address gaps in the international protection regime.
Security and Migration in the 21st Century
The 21st century has brought new and challenging dimensions to our understanding of security and migration. The old Cold War framework of security as related to war and peace, international relations and foreign affairs has given way to a multiplicity of competing notions, including internal security, human security and even social security. At the same time, migration has become a hotly contested issue, characterised by an enormous difference of views and objectives. So what do we mean by security and migration in the contemporary world? How do these two important fields intersect? And what does this collision of policy concerns and public interests mean for states and individuals alike? In this cutting-edge book, Elspeth Guild seeks to answer these pressing questions, drawing on a wide range of recent examples from the impact of asylum seekers on state border security to identity security in citizenship rules to illustrate her arguments. By approaching the topic from the perspective of the individual – citizen of one state, migrant in another – the book examines key aspects of the security-migration nexus, such as the relationship with refugees; torture; extraordinary rendition; privacy and the retention of personal data; and human rights' protection. The first volume in Polity's new 'Dimensions of Security' series, this book is a must-read for all students of international politics, development studies and related fields.
International Legal Norms and Migration
Author: Thomas Alexander Aleinikoff
language: en
Publisher: United Nations Publications
Release Date: 2002
Offprint and the introductory chapter of a monograph to appear under the title : Migration and international legal norms, edited by T. Alexander Aleinikoff and Vincent Chetail, published by T.M.C. Asser Press in early 2003.