Search Results for "the-ashgate-research-companion-to-migration-law-theory-and-policy"

The Ashgate Research Companion to Migration Law, Theory and Policy

The Ashgate Research Companion to Migration Law, Theory and Policy

  • Author: Satvinder S. Juss
  • Publisher: Routledge
  • ISBN: 1317042646
  • Category: Law
  • Page: 766
  • View: 5190
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The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.

The Ashgate Research Companion to Islamic Law

The Ashgate Research Companion to Islamic Law

  • Author: Peri Bearman
  • Publisher: Routledge
  • ISBN: 1317043057
  • Category: Religion
  • Page: 360
  • View: 9973
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This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

The Ashgate Research Companion to Feminist Legal Theory

The Ashgate Research Companion to Feminist Legal Theory

  • Author: Professor Margaret Davies,Professor Vanessa E Munro
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 147240405X
  • Category: Law
  • Page: 436
  • View: 9135
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As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.

European Asylum Law and the Rights of the Child

European Asylum Law and the Rights of the Child

  • Author: Ciara Smyth
  • Publisher: Routledge
  • ISBN: 113512020X
  • Category: Law
  • Page: 250
  • View: 6976
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The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.

The EU, Migration and the Politics of Administrative Detention

The EU, Migration and the Politics of Administrative Detention

  • Author: Michela Ceccorulli,Nicola Labanca
  • Publisher: Routledge
  • ISBN: 1317750071
  • Category: Political Science
  • Page: 250
  • View: 846
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Migration is now regarded as a security issue, both in public debate and government policies. In turn, the phenomenon of detention as a governance practice has emerged, and the developing presence of camps in Europe for migrants has given rise to a tangle of new and complex issues. This book examines the phenomenon of irregular immigration, and provides a comprehensive picture of the practices and the implications of detention of migrants within and the European Union. It analyses ‘detention’ as a tool of governance and in doing so explores several key themes: the security threat for Europe the security governance processes enacted to handle irregular immigration the forms of detention in different geographical contexts the effectiveness of the EU’s approach to the issue. The EU, Migration and the Politics of Administrative Detention will be of interest to students and scholars of the EU’s external relations, migration, human rights, European politics and security studies.

The Ashgate Research Companion to Regionalisms

The Ashgate Research Companion to Regionalisms

  • Author: J. Andrew Grant
  • Publisher: Routledge
  • ISBN: 1317041852
  • Category: Social Science
  • Page: 432
  • View: 8283
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EU studies increasingly recognize the salience of new regional insights. Hence, this collection of original essays provides a broad overview of regionalism, together with detailed analyses on the construction, activities, and implications of both established and emerging examples of formal political and economic organizations as well as informal regional entities and networks. Aimed at scholars and students interested in the continuing growth of regionalism, The Ashgate Research Companion to Regionalisms is a key resource to understanding the major debates in the field. Organized into three main sections, this volume deals with a wide range of issues covering the following important research areas: -Section one covers theoretical and methodological approaches to the study of established and formal regionalism, emerging and informal regionalism, inter-regionalism, and levels of regionalism. -Section two provides detailed case-studies of established and formal regionalisms: EU, NAFTA, ASEAN, SAARC, OAS, MERCOSUR, AU, ECOWAS, and SADC. -Section three offers case-studies that investigate emerging and informal regionalisms in Oceania, the Arab League, BRICSAM, and the Commonwealth(s) as well as thought-provoking chapters on micro-regional processes evident in spatial development initiatives, transnational gangs, transfrontier conservation areas, and the migration-conflict nexus in natural resource sectors. With the study of regionalism becoming an increasingly important part of politics, international relations, development, and global studies courses, this comprehensive volume is a valuable addition for classroom use.

The Ashgate Research Companion to Multiculturalism

The Ashgate Research Companion to Multiculturalism

  • Author: Mr Duncan Ivison
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409492532
  • Category: Social Science
  • Page: 342
  • View: 2279
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This Companion brings together a collection of new essays by leading and emerging scholars in the humanities and social sciences on some of the key issues facing multiculturalism today. It offers scholars and students a clear account of the leading theories and critiques of multiculturalism that have developed over the past twenty-five years and a sense of the challenges facing multiculturalism in the future.

Belief, Law and Politics

Belief, Law and Politics

What Future for a Secular Europe?

  • Author: Dr Zeynep Yanasmayan,Ms Katayoun Alidadi,Professor Jørgen S Nielsen,Professor Marie-Claire Foblets
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1472453484
  • Category: Law
  • Page: 384
  • View: 1241
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This edited collection gathers together the principal findings of the three-year RELIGARE project, which dealt with the question of religious and philosophical diversity in European law. Specifically, it covers four spheres of public policy and legislation where the pressure to accommodate religious diversity has been most strongly felt in Europe: employment, family life, use of public space and state support mechanisms. Embracing a forward-looking approach, the final RELIGARE report provides recommendations to governance units at the local, national and European levels regarding issues of religious pluralism and secularism. This volume adds context and critique to those recommendations and more generally opens an intellectual discussion on the topic of religion in the European Union. The book consists of two main parts: the first includes the principal findings of the RELIGARE research project, while the second is a compilation of 28 short contributions from influential scholars, legal practitioners, policy makers and activists who respond to the report and offer their views on the sensitive issue of religious diversity and the law in Europe.

Critical Reflections on Migration, ‘Race’ and Multiculturalism

Critical Reflections on Migration, ‘Race’ and Multiculturalism

Australia in a Global Context

  • Author: Martina Boese,Vince Marotta
  • Publisher: Taylor & Francis
  • ISBN: 1317291077
  • Category: Social Science
  • Page: 278
  • View: 1719
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Migration and its associated social practices and consequences have been studied within a multitude of academic disciplines and in the context of policies at local, national and regional level. This edited collection provides an introduction and critical review of conceptual developments and policy contexts of migration scholarship within an Australian and global context, through: political economy analyses of migration and associated transformations; sociological analyses of ‘settling in’ processes; multi-disciplinary analyses of migrant work; a historical review of scholarship on refugees; a Southern theory approach to cultural diversity; sociological reflections on post-nationalism; Cultural Studies analyses of public culture and ‘second generation’ youth cultures; interdisciplinary and Critical Race analyses of ‘race’ and racism; feminist intersectional analyses of migration, belonging and representation; the theorising of cosmopolitanism; a transdisciplinary analysis of gender, transnational families and care; and a comparative, transcontextual analysis of hybridity. An essential contribution to the current mapping of migration studies, with a focus on Australian scholarship in its international context, this collection will be of interest to undergraduates and postgraduates interested in fields such as Sociology, Cultural Studies, Geography and Politics.

The Routledge Research Companion to Border Studies

The Routledge Research Companion to Border Studies

  • Author: Doris Wastl-Walter
  • Publisher: Routledge
  • ISBN: 1317043987
  • Category: Social Science
  • Page: 728
  • View: 2920
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Throughout history, the functions and roles of borders have been continuously changing. They can only be understood in their context, shaped as they are by history, politics and power, as well as cultural and social issues. Borders are therefore complex spatial and social phenomena which are not static or invariable, but which are instead highly dynamic. This comprehensive volume brings together a multidisciplinary team of leading scholars to provide an authoritative, state-of-the-art review of all aspects of borders and border research. It is truly global in scope and, besides embracing the more traditional strands of the field including geopolitics, migration and territorial identities, it also takes in recently emerging topics such as the role of borders in a seemingly borderless world; creating neighbourhoods, and border enforcement in the post-9/11 era.

Migrants at Work

Migrants at Work

Immigration and Vulnerability in Labour Law

  • Author: Cathryn Costello,Mark Freedland
  • Publisher: OUP Oxford
  • ISBN: 0191023523
  • Category: Law
  • Page: 414
  • View: 3633
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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.

Second-Generation Transnationalism and Roots Migration

Second-Generation Transnationalism and Roots Migration

Cross-Border Lives

  • Author: Dr Susanne Wessendorf
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409472817
  • Category: Social Science
  • Page: 190
  • View: 9472
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Second-Generation Transnationalism and Roots Migration represents the first comprehensive study of second-generation transnationalism, exploring the manner in which the children of migrants grow up amid travel back and forth between the country of origin and the country of immigration, while at the same time forming social attachments locally with people of other origins. Presenting rich empirical data gathered among second-generation Italians in Switzerland and southern Italy, and drawing on studies undertaken in other parts of Europe and in North America and Australia, this book investigates why as adults, members of the second generation maintain diverging transnational relations, with some sharing their parents' transnational ties and fostering social relations with co-ethnics, whilst others distance themselves from co-ethnics and rarely visit their country of origin. Yet others decide to relocate to their country of origin, a phenomenon the book conceptualizes as 'roots migration'. A rigorous exploration of the complex interplay of political, cultural and socio-economic factors in shaping the intergenerational reproduction of transnational ties, Second-Generation Transnationalism and Roots Migration will appeal to sociologists, anthropologists and geographers, with interests in migration and ethnicity, and the interrelationship of transnationalism and integration in immigration societies.

The Ashgate Research Companion to Cosmopolitanism

The Ashgate Research Companion to Cosmopolitanism

  • Author: Maria Rovisco,Magdalena Nowicka
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 0754695565
  • Category: Political Science
  • Page: 426
  • View: 5364
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The study of Cosmopolitanism has been transformed in the last 20 years and the subject itself has become highly discussed across the social sciences and the humanities. The Ashgate Research Companion to Cosmopolitanism pursues distinct theoretical orientations and empirical analyses, bringing together mainstream discussions with the newest thinking and developments on the main themes, debates and controversies surrounding the subject.

International Migration and Social Theory

International Migration and Social Theory

  • Author: Karen O'Reilly
  • Publisher: Macmillan International Higher Education
  • ISBN: 1137265388
  • Category: Social Science
  • Page: 200
  • View: 4977
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Affecting millions across the globe every day, international migration encompasses a wide range of concerns. It is not only a central dynamic in processes of globalization and government policy-making, but also a deeply personal topic that cuts to the heart of notions of identity, home and belonging. International Migration and Social Theory provides a clear map of this field, and shows how social theory can illuminate our understanding of the way we move around the globe. Explaining and critiquing a wide range of theories, approaches and concepts, the text provides a new theoretical framework for future study and applies it to extended empirical case studies. The book explores core migration topics, from labour and lifestyle migration to refugees and the role of women, to shed light on the implications of migration at global, national and personal levels. This compelling text traces key trends in this diverse field to provide a clear overview of international migration today. It presents invaluable insights for students and researchers in Sociology, Politics and Migration Studies.

China and Islam

China and Islam

The Prophet, the Party, and Law

  • Author: Matthew S. Erie
  • Publisher: Cambridge University Press
  • ISBN: 1316577996
  • Category: Law
  • Page: N.A
  • View: 6731
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China and Islam examines the intersection of two critical issues of the contemporary world: Islamic revival and an assertive China, questioning the assumption that Islamic law is incompatible with state law. It finds that both Hui and the Party-State invoke, interpret, and make arguments based on Islamic law, a minjian (unofficial) law in China, to pursue their respective visions of 'the good'. Based on fieldwork in Linxia, 'China's Little Mecca', this study follows Hui clerics, youthful translators on the 'New Silk Road', female educators who reform traditional madrasas, and Party cadres as they reconcile Islamic and socialist laws in the course of the everyday. The first study of Islamic law in China and one of the first ethnographic accounts of law in postsocialist China, China and Islam unsettles unidimensional perceptions of extremist Islam and authoritarian China through Hui minjian practices of law.

The Child in International Refugee Law

The Child in International Refugee Law

  • Author: Jason M. Pobjoy
  • Publisher: Cambridge University Press
  • ISBN: 1316813002
  • Category: Political Science
  • Page: N.A
  • View: 625
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Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.

Migration and Citizenship

Migration and Citizenship

Legal Status, Rights and Political Participation

  • Author: Rainer Bauböck
  • Publisher: Leiden University Press
  • ISBN: 9789053568880
  • Category: Social Science
  • Page: 129
  • View: 1540
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Citizenship is frequently invoked both as an instrument and goal of immigrant integration. Yet, in migration contexts, citizenship also marks a distinction between members and outsiders based on their different relations to particular states. A migration perspective highlights the boundaries of citizenship and political control over entry and exit as well as the fact that foreign residents remain in most countries deprived of core rights of political participation. This book summarizes current theories and empirical research on the legal status and political participation of migrants in European democracies.

Diaspora and Transnationalism

Diaspora and Transnationalism

Concepts, Theories and Methods

  • Author: Rainer Bauböck,Thomas Faist
  • Publisher: Amsterdam University Press
  • ISBN: 9089642382
  • Category: Social Science
  • Page: 352
  • View: 6720
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Diaspora & transnationalism are widely used concepts in academic & political discourses. Although originally referring to quite different phenomena, they increasingly overlap today. Such inflation of meanings goes hand in hand with a danger of essentialising collective identities. This book analyses this topic.

Foundations of International Migration Law

Foundations of International Migration Law

  • Author: Brian Opeskin,Richard Perruchoud,Jillyanne Redpath-Cross
  • Publisher: Cambridge University Press
  • ISBN: 1139576852
  • Category: Law
  • Page: N.A
  • View: 6401
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International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.

Refuge Lost

Refuge Lost

Asylum Law in an Interdependent World

  • Author: Daniel Ghezelbash
  • Publisher: Cambridge University Press
  • ISBN: 1108425259
  • Category: Law
  • Page: N.A
  • View: 4547
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As more restrictive asylum policies are adopted around the world, Ghezelbash explores the implications for the international refugee protection regime.