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On transits and transitions : trans migrants and U.S. immigration law
Celebrations of the \"transgender tipping point\" in the second decade of the twenty-first century occurred at the same time of heightened debates and anxieties about immigration in the United States. On Transits and Transitions explores what the increased visibility of trans people in the public sphere means for trans migrants and provides a counter-narrative to the dominant discourse that the inclusion of transgender issues in law and policy represents the progression of legal equality for trans communities. Focusing on the intersection of immigration and trans rights, Josephson presents a careful and innovative examination of the processes by which the category of transgender is produced through and incorporated into the key areas of asylum law, marriage and immigration law, and immigration detention policies. Using mobility as a critical lens, On Transits and Transitions captures the insecurity and precarity created by U.S. immigration control and related processes of racialization to show how im/mobility conditions citizenship and national belonging for trans migrants in the United States.
eBook
The price of rights
Many low-income countries and development organizations are calling for greater liberalization of labor immigration policies in high-income countries. At the same time, human rights organizations and migrant rights advocates demand more equal rights for migrant workers. The Price of Rights shows why you cannot always have both.
Examining labor immigration policies in over forty countries, as well as policy drivers in major migrant-receiving and migrant-sending states, Martin Ruhs finds that there are trade-offs in the policies of high-income countries between openness to admitting migrant workers and some of the rights granted to migrants after admission. Insisting on greater equality of rights for migrant workers can come at the price of more restrictive admission policies, especially for lower-skilled workers. Ruhs advocates the liberalization of international labor migration through temporary migration programs that protect a universal set of core rights and account for the interests of nation-states by restricting a few specific rights that create net costs for receiving countries.
The Price of Rights analyzes how high-income countries restrict the rights of migrant workers as part of their labor immigration policies and discusses the implications for global debates about regulating labor migration and protecting migrants. It comprehensively looks at the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy.
eBook
Controlling Immigration Through Criminal Law
This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in ‘humanitarian smuggling’, and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders, their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play. Volume 12 in the series Hart Studies in European Criminal Law
eBook
Migration Law and the Externalization of Border Controls
Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating 'legal black holes'. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations.
This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-à-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author's view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg.
Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.
eBook
Contestations of the Liberal International Order: From Liberal Multilateralism to Postnational Liberalism
The 1990s saw a systemic shift from the liberal post–World War II international order of liberal multilateralism (LIO I) to a post–Cold War international order of postnational liberalism (LIO II). LIO II has not been only rule-based but has openly pursued a liberal social purpose with a significant amount of authority beyond the nation-state. While postnational liberal institutions helped increase overall well-being globally, they were criticized for using double standards and institutionalizing state inequality. We argue that these institutional features of the postnational LIO II led to legitimation problems, which explain both the current wave of contestations and the strategies chosen by different contestants. We develop our argument first by mapping the growing liberal intrusiveness of international institutions. Second, we demonstrate the increased level and variety of contestations in international security and international refugee law. We show that increased liberal intrusiveness has led to a variety of contestation strategies, the choice of which is affected by the preference of a contestant regarding postnational liberalism and its power within the contested institution.
Journal Article