This book uses human rights as part of a constructivist methodology designed to establish a causal relationship between human rights violations and different types of social and political conflict in Europe and North America.
Throughout human history people have been driven from their homes by wars, unjust treatment, earthquakes, and hurricanes. The reality of forced migration is not new, nor is awareness of the suffering of the displaced a recent discovery. The United Nations High Commissioner for Refugees estimates that at the end of 2007 there were 67 million persons in the world who had been forcibly displaced from their homes—including more than 16 million people who had to flee across an international border for fear of being persecuted due to race, religion, nationality, social group, or political opinion. Driven from Home advances the discussion on how best to protect and assist the growing number of persons who have been forced from their homes and proposes a human rights framework to guide political and policy responses to forced migration. This thought-provoking volume brings together contributors from several disciplines, including international affairs, law, ethics, economics, and theology, to advocate for better responses to protect the global community’s most vulnerable citizens.
Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights. This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.
This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.
Unlike many other trans-boundary policy areas, international migration lacks coherent global governance. There is no UN migration organization and states have signed relatively few multilateral treaties on migration. Instead sovereign states generally decide their own immigration policies. However, given the growing politicisation of migration and the recognition that states cannot always address migration in isolation from one another, a debate has emerged about what type of international institutions and cooperation are required to meet the challenges of international migration. Until now, though, that emerging debate on global migration governance has lacked a clear analytical understanding of what global migration governance actually is, the politics underlying it, and the basis on which we can make claims about what 'better' migration governance might look like. In order to address this gap, the book brings together a group of the world's leading experts on migration to consider the global governance of different aspects of migration. The chapters offer an accessible introduction to the global governance of low-skilled labour migration, high-skilled labour migration, irregular migration, lifestyle migration, international travel, refugees, internally displaced persons, human trafficking and smuggling, diaspora, remittances, and root causes. Each of the chapters explores the three same broad questions: What, institutionally, is the global governance of migration in that area? Why, politically, does that type of governance exist? How, normatively, can we ground claims about the type of global governance that should exist in that area? Collectively, the chapters enhance our understanding of the international politics of migration and set out a vision for international cooperation on migration.
Migration from and within Africa, just like migration elsewhere in the world, often generates anti-immigrant sentiment and ignites heated public debate about the migration policies of the destination countries. These countries include South Africa as well as others outside the continent. The countries of origin are also keen to minimize losses through "brain drain" and to capture resources such as remittances. Increasingly, international organizations and human rights advocates have stressed the need to protect the interests of migrants themselves. However, while the UNDP's 2009 Human Development Report talks of "win-win-win" solutions, in practice it is the perceived interests of destination countries that enjoy the greatest attention, while the rights of migrants themselves are afforded the least. Yet migration is not just an issue in itself: it also points to structural inequalities between countries and regions. Managing migration and protecting migrants is too limited an agenda. Activists and policymakers must also address these inequalities directly to ensure that people can pursue their fundamental human rights whether they move or stay. It is not enough to measure development only in terms of progress at the national level: development must also be measured in terms of reductions in the gross levels of inequality that now determine differential rights on the basis of accident of birth.
This collection brings together legal scholars and Christian theologians for an interdisciplinary conversation responding to the challenges of global migration. Gathering 14 leading scholars from both law and Christian theology, the book covers legal perspectives, theological perspectives, and key concepts in migration studies. In Part 1, scholars of migration law and policy discuss the legal landscape of migration at both the domestic and international level. In Part 2, Christian theologians, ethicists, and biblical scholars draw on the resources of the Christian tradition to think about migration. In Part 3, each chapter is co-authored by a scholar of law and a scholar of Christian theology, who bring their respective resources and perspectives into conversation on key themes within migration studies. The work provides a truly interdisciplinary introduction to the topic of migration for those who are new to the subject; an opportunity for immigration lawyers and legal scholars to engage Christian theology; an opportunity for pastors and Christian theologians to engage law; and new insights on key frameworks for scholars who are already committed to the study of migration.
The globalized era is characterized by a high degree of interconnectedness across borders and continents and this includes human migration. Migration flows have led to new governance challenges and, at times, populist political backlashes. A key driver of migration is environmental conflict and this is only likely to increase with the effects of climate change. Bringing together world-leading researchers from across political science, environmental studies, economics and sociology, this urgent book uses a multifaceted theoretical and methodological approach to delve into core questions and concerns surrounding migration, climate change and conflict, providing invaluable insights into one of the most pressing global issues of our time.