Law and Migration

by Selina Goulbourne

Overview

Law and Migration is an authoritative volume which draws on statutory and case law to expose the limitations of the law in protecting the individual caught in the complex web of national and regional constraints on migration. International law provides for the exercise of the sovereign power of states to control the entry of non-nationals. However, more recent international conventions have shown a growing awareness of the failure of the law to protect individuals and their families from violation of their human rights and civil liberties. Whilst avoiding open conflict with the principle of sovereignty, national courts have strived to comply with the spirit of human rights conventions and have often decided in favour of individuals. Despite this, border and internal controls on entry continue to proliferate. Globally the failure to establish an adequate legal framework which takes account of forced migration caused by wars and natural disasters has provoked a debate beyond the traditional legal norms.

This volume presents a selection of published work from a variety of countriest and addresses the theoretical questions and policy issues which will continue to tax lawyers in the twenty first century.

Product Details

ISBN-13:	9781858980393
Publisher:	Edward Elgar Publishing
Publication date:	03/14/1998
Series:	The International Library of Studies on Migration series , #6
Pages:	488
Product dimensions:	6.62(w) x 9.62(h) x (d)

About the Author

Edited by Selina Goulbourne, formerly of the Department of Law, University of Greenwich, UK

Table of Contents

	Acknowledgements	vii
	Introduction	ix
Part I	International Law and the Protection of Human Rights
1.	'Polishing the Tarnished Golden Door', Wisconsin Law Review, 4, 1002-32 (abridged) (1993)	3
2.	'Recent Developments in Japanese Immigration Policy and the United Nations Convention on Migrant Workers', University of British Columbia Law Review, 27 (1), 113-32 (1993)	34
3.	'Loss of Union Citizenship in Breach of Fundamental Rights', European Law Review, 21, April, 129-43 (1996)	54
Part II	International Law and Refugees
4.	'The Convention Refugee Definition in the West: Disharmony of Interpretation and Application', International Journal of Refugee Law, 5 (1), 66-90 (1993)	71
5.	'Non-Refoulement, Access to Procedures, and Responsibility for Determining Refugee Claims', International Journal of Refugee Law, 7 (3), 383-406 (1995)	96
6.	'Refugees and Safe Third Countries', Immigration and Nationality Law and Practice, 9 (1), 3-13 (1995)	120
Part III	Constitutionalism, Due Process and the Courts
7.	'The Transformation of Immigration Law', Columbia Law Review, 84 (1), January, 1-4 & 49-90 (abridged) (1984)	133
8.	'The Curious Evolution of Immigration Law: Procedural Surrogates for Substantive Constitutional Rights', Columbia Law Review, 92 (7), November, 1625-704 (1992)	179
9.	'The Extraterritorial Application of the Charter to Visa Applicants', Ottawa Law Review, 23 (2), 335, 337-72 (1991)	259
10.	'Fundamental (In)justice: The Deportation of Long-term Residents from Canada', Osgoode Hall Law Journal, 32 (3), 457-501 (1994)	296
11.	'The Story of M: A Cautionary Tale from the United Kingdom', International Journal of Refugee Law, 6 (2), 194-205 (1994)	341
Part IV	Race, Gender and Class Issues in Immigration And Asylum Law
12.	'Valued Judgments?: A Reading of Immigration Cases', Journal of Law and Society, 20 (1), Spring, 23-38 (1993)	355
13.	'Undocumented: The Roles of Women in Immigration Law', Georgetown Law Journal, 83 (2), December, 605-34 (1994)	371
14.	'Making the Refugee Convention Gender Sensitive: The Canadian Guidelines', International and Comparative Law Quarterly, 45, July, 702-11 (1996)	401
15.	'Towards Equality: Actual and Potential Rights of Third-Country Nationals in the European Union', Common Market Law Review, 33 (1), 7-50 (1996)	411
	Name Index	455

Editorial Reviews

'Law and Migration provides the reader with an impressive compilation of articles on immigration law and its effects on the individual within a transitory global society. . . . Law and Migration, through its efficient presentation of important recent scholarship, succeeds in providing a series of articles that focus on some of the most pressing issues in Western immigration law.'

From the Publisher

A collection of 15 articles on the subject of the treatment of migrants under the law. The articles are divided into four parts by subject: international law and the protection of human rights; international law and refugees; constitutionalism, due process, and the courts; and race, gender, and class issues in immigration and asylum law. Deals with migration issues in several countries and regions, including Canada, the US, the European Union, and Japan. Name index only. Annotation c. by Book News, Inc., Portland, Or.

Booknews