Suchergebnisse

Introduction to the Research Handbook on the Law and Politics of Migration : law, politics, and the spaces between /Catherine Dauvergne --Part I:Framing the law and politics of migration --The politics of migration law : interests, ideas, and institutions /Irene Bloemraad --Unsettling migration studies : indigeneity and immigration in settler colonial states /Antje Ellermann and Ben O'Heran --Migration politics at the meso-level /Erin Aeran Chung --The problem of boundaries : the [Canadian] Constitution and the meaning of citizenship /Asha Kaushal --The trilemma of Canadian migrant worker policy : facilitating employer access while protecting the Canadian labour market and addressing migrant worker exploitation /Sarah Marsden, Eric Tucker and Leah F. Vosko --Part II:Institutions and their evolution --Immigration enforcement : why does it matter who is in charge? /Karine Côté-Boucher and Mireille Paquet --On public sanctuary : exploring the nature of refuge in precarious times /Laura Madokoro --The shift towards increased citizen-driven migration in Canada /Shauna Labman and Sarah Zell --Closing the gap : official statistics on the migration of unaccompanied migrant children across the Mediterranean /Luna Vives and Kira Williams --Big tech and migration management /Rebecca Hamlin --The power of politics : exploring the true potential of community sponsorship programmes /Jennifer Bond --Part III:The politics of courts --The geopolitics of knowledge production in international migration law /Thomas Spijkerboer --The West and the Muslim refugee : legitimacy, legality and loss /Satvinder S. Juss --Populism and the failure to acknowledge the human rights of migrants /Donald Galloway --Manufacturing foreigners : the law and politics of transforming citizens into migrants /Michelle Foster and Jade Roberts --Part IV:Examining the sharp end of state power --Immigration detention and the production of race in the UK /Mary Bosworth --Fast-track, accelerated, and expedited asylum procedures as a tool of exclusion /Daniel Ghezelbash --Immigration detention in the age of COVID-19 /Efrat Arbel and Molly Joeck --Protection, crime, and punishment: regulation at the nexus of crimmigration and refugee law /Anthea Vogl --Privacy rights at the Canadian border : judicial assumptions and the limits of the Charter /Benjamin Goold --Part V:The challenge of international governance --Re-defining the international refugee regime : UNHCR, UNRWA, and the challenge of multigenerational protracted refugee situations /Yasmeen Abu-Laban --Knowledge controversies of global migration governance : understanding the controversy surrounding the Global Compact /Scott D. Watson and Corey Robinson --The Global Compact for Migration as social theodicy /Colin Grey --Why the Sustainable Development Goals? : examining international cooperation on migration /Elspeth Guild --Global migration governance and migrant rights advocacy : the flexibilization of multi-stakeholder negotiations /Jenna Hennebry and Nicola Piper.

Cover -- Title Page -- Copyright Page -- Contents -- List of Contributors -- Series Preface -- Acknowledgments -- 1 New Directions for Jurisprudence -- PART I: KEY THEMES IN JURISPRUDENCE FOR AN INTERCONNECTED GLOBE -- 2 The Province of Jurisprudence Re-examined -- Introduction -- The Province of Jurisprudence Re-examined -- The Problem of Generalization -- Normative and Empirical Jurisprudence -- Analytical Jurisprudence in a Global Context -- Corruption -- Gifts in Village Tradition: A Personal Experience -- A Narrow Definition: Transparency International -- Emotive Terms -- Individual and Systemic Corruption -- 3 Historical Aspects of Globalization and Law -- Introduction -- Definitions -- Private International Law Globalization -- Public International Law Globalization -- Globalization as an Integrative Concept -- Apocalypse -- The Papal Revolution 1075-1122 -- The World Revolution 1914-1989 -- Comparing the Millennial Revolutions -- A Global Legal Science? -- Transnational Legal Education and Practice -- Private Authority - Business Custom -- Private Government -- Government by Competing Jurisdictions -- Sovereignty as a Function of Technology -- Conclusion -- PART II: GLOBALIZATION AND THE LAWS OF MONEY -- 4 Globalization and International Economic Law -- Wall, Spear, Snake, Rope, Tree or Fan? -- The Elephant in a Law Shop?: Globalization and My Work -- Approaching the Elephant - My Work Thus Far -- Theme One: White Elephant or Red Herring? -- Theme Two - The Power of Economic Discourse -- Conclusions: The Elephant in the Classroom -- 5 Networks, Norms and the Nation State: Thoughts on Pluralism and Globalized Securities Regulation -- Introduction -- Globalization of Systemic Risk and Market Meltdown -- Transnational Regulatory Norms for Securities -- IOSCO Principles'. Between International Law and the Nation State

Over the past decade, a global convergence in migration policies has emerged, and with it a new, mean-spirited politics of immigration. It is now evident that the idea of a settler society, previously an important landmark in understanding migration, is a thing of the past. What are the consequences of this shift for how we imagine immigration? And for how we regulate it? This book analyzes the dramatic shift away from the settler society paradigm in light of the crisis of asylum, the fear of Islamic fundamentalism, and the demise of multiculturalism. What emerges is a radically original take on the new global politics of immigration that can explain policy paralysis in the face of rising death tolls, failing human rights arguments, and persistent state desires to treat migration as an economic calculus

Intro -- Contents -- Acknowledgments -- Part 1 Reading Migration Laws -- 1 Introduction -- 2 The Insights of Identity -- 3 Nation and Migration -- 4 Humanitarianism and Identity -- Part 2 Humanitarian Admissions to Australia and Canada -- 5 Constructing Others: The Refugee Process -- 6 Reflecting Ourselves: The Mirror of Humanitarianism -- 7 Identities, Rights, and Nations -- 8 Conclusions -- Appendix A Selected Immigration Statistics -- Appendix B Court Hierarchies in Australia and Canada -- Bibliography -- Index.

Abstract
This article argues that the humanitarian outpouring of support that has greeted those fleeing the war in Ukraine exposes fragility in international refugee law. Over and over again, humanitarianism has proven insufficient to address the protection needs of refugees. The politics of humanitarianism present many advantages to states and are potentially highly motivating to publics, but they are an insufficient substitute for legally-grounded human rights protections. The current humanitarian moment is raising a number of questions about refugee law, and is fostering considerable confusion about the role of law in responding to those fleeing Ukraine. Despite refugee law's imperfections and biases, in a world that is increasingly hostile to migrants, international refugee law is the strongest tool available. In the face of the humanitarian surge of the moment, it is important to defend the core protection commitments of refugee law, even as we work to improve the law's shortcomings. While it is tempting to shy away from anything that could be perceived as a critique of the compassion and generosity we are witnessing, as scholars and advocates we should use this moment to draw important lessons about how to strengthen refugee law.