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Reworking the Relationship Between Asylum and Employment

Reworking the Relationship Between Asylum and Employment
Author: Penelope Mathew
Publisher: Routledge
Total Pages: 234
Release: 2012
Genre: Business & Economics
ISBN: 041558079X

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This book examines the extent to which the right to work for refugees and asylum-seekers is protected by international human rights law. Work is central to durable solutions for refugees ' whether the solution is repatriation to the country of origin, local integration in a country of first asylum or resettlement in a third country. However, it is almost taboo to speak about the economic aspect of refugee-hood because governments often seek to discredit asylum-seekers as mere ' economic migrants' . Frequently, governments in developing...


Reworking the Relationship between Asylum and Employment

Reworking the Relationship between Asylum and Employment
Author: Penelope Mathew
Publisher: Routledge
Total Pages: 234
Release: 2012-05-16
Genre: Law
ISBN: 1136299041

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Touching on the laws and practices of a wide array of countries around the globe, this book examines the extent to which refugees and asylum-seekers’ right to work is protected by international human rights law. The book examines a number of key international treaties, national constitutions and some foundational cases from national courts in order to make the case that the practise of restricting refugees and asylum-seekers access to the labour market is illegal. In so doing, the author examines some intricate legal questions, such as the interpretation of the Refugee Convention’s provisions restricting rights to refugees ‘lawfully staying’, the application of racial discrimination to citizenship distinctions, and the ways in which limitations on human rights are applicable in this context. The book also looks at some broader philosophical questions such as the meaning of equality and human dignity, and the legitimacy of the right to work. The book goes on to explore broader debates concerning migration and ‘open borders’ in order to unpack the fears that drive many countries’ restrictive measures. Readers are invited to consider whether the world would be a better place with more freedom of movement. It is a unique stand-alone treatment of the subject and includes the Michigan Guidelines on the Right to Work. Reworking the Relationship between Asylum-Seekers and Employment is written in an accessible style that will appeal to academics, policy-makers, practitioners and students. It combines a strong black-letter approach with a law in context approach that explains why the law takes its current shape and questions current orthodoxy.


The Rights of Refugees under International Law

The Rights of Refugees under International Law
Author: James C. Hathaway
Publisher: Cambridge University Press
Total Pages: 1453
Release: 2021-04-22
Genre: Law
ISBN: 1108495893

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The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.


The Oxford Handbook of International Refugee Law

The Oxford Handbook of International Refugee Law
Author: Cathryn Costello
Publisher: Oxford University Press
Total Pages: 1337
Release: 2021-06-02
Genre: Law
ISBN: 0192588338

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The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law.


Research Handbook on EU Labour Law

Research Handbook on EU Labour Law
Author: Alan Bogg
Publisher: Edward Elgar Publishing
Total Pages: 592
Release: 2016-12-30
Genre: Law
ISBN: 1783471123

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Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.


Migrant Rights at Work

Migrant Rights at Work
Author: Laurie Berg
Publisher: Routledge
Total Pages: 364
Release: 2015-06-26
Genre: Law
ISBN: 1317617800

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Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.


Making Migration Law

Making Migration Law
Author: Eve Lester
Publisher: Cambridge University Press
Total Pages: 390
Release: 2018-03-22
Genre: Political Science
ISBN: 1316805379

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The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.


Impoverishment and Asylum

Impoverishment and Asylum
Author: Lucy Mayblin
Publisher: Routledge
Total Pages: 227
Release: 2019-11-27
Genre: Social Science
ISBN: 1000767345

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Impoverishment and Asylum argues that a shift has taken place in recent decades towards construing asylum as primarily a political and/or humanitarian phenomenon, to construing it as primarily an economic phenomenon, and that this shift has had led to the purposeful impoverishment, by the state, of people seeking asylum in the UK. This shift has far-reaching consequences for people seeking asylum, who have been systematically impoverished as part of the effort to strip out any possibility of an economic pull factor leading to more arrivals, but also for those administering their support system, and for civil society organisations and groups who seek to ameliorate the worst effects of the resulting asylum regimes. This book argues that within this context asylum support policies in the UK which are meant to help and protect, in fact do serious harm to their recipients. It argues that the shift from construing asylum seekers as economically, rather than politically, motivated migrants across the West, is part of a much broader set of historical and philosophical worldviews than has previously been articulated. The book offers a rigorously researched and richly theorised analysis drawing on postcolonial and decolonial perspectives in making sense of the purposeful impoverishment by the state of a particular group of people, and why this continues to be tolerated in the fourth richest country in the world.


The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e

The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e
Author:
Publisher: Oxford University Press
Total Pages: 2033
Release: 2024-01-04
Genre: Law
ISBN: 0192667203

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The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.


Migrants at Work

Migrants at Work
Author: Cathryn Costello
Publisher: OUP Oxford
Total Pages: 414
Release: 2014-10-30
Genre: Law
ISBN: 0191023523

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There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labour rights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. Chapters cover the labour laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.