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.
Table of Contents
Contents: Foreword, Volker Turk; Preface; Part I The Refugee in Europe’s Free Movement Regime: The ’new Europe’ and the ’European refugee’: the subversion of the European Union’s refugee law by its migration policy, Nadine El-Enany; The modern refugee in the post-modern Europe, Patricia Tuitt; EU migration and the new EU treaty framework, Elspeth Guild; Are European states accountable for border deaths?, Thomas Spijkerboer. Part II Safeguarding the Safety and Security of Refugees: Jonah and Socrates as refugees: repentance, redemption and responsibility, Howard Adelman; Strengthening international refugee rights through the enhanced supervision of the 1951 Convention and its 1967 Protocol, James C. Simeon; Non-refoulement obligations in the public international law: towards a new protection status?, Francesco Messineo; Country information and evidence assessment in New Zealand, Rodger Haines. Part III The Responsibility to Protect Displaced Populations: The shifting boundaries and content of protection: the internal protection alternative revisited, Penelope Mathew; Territorial protection: cessation of refugee status and internal flight alternative compared, Maria O’Sullivan; Sharing responsibility for asylum seekers and refugees in the Asia Pacific region, Savitri Taylor; Disowned in their own land: the courts and protection of the internally displaced person, Geoffrey Care. Part IV Emerging Paradigms of Legal Protection: Human trafficking, asylum and the problem of protection, Satvinder S. Juss; Child migration and the lacunae in international protection, Jacqueline Bhabha; Unaccompanied children and their protection under international refugee law, Ilias Bantekas; Forced displacement, the law of international armed conflict and state authority, David James Cantor. Part V Encampment, Detention and the Coercive Treatment of Asylum-Seekers: Asylum seekers, detention and the law: morality in abeyance?, Dallal Stevens; Regulation 5.35: coerced treatment
'...provides the reader with a comprehensive review of current research spanning the national, the supranational, the global, regional and local. The chapters provide fresh and insightful analysis of applicable law, theory, policy and practice. In doing so, the contributions identify practical challenges and solutions for change and identify lacunae in the existing research, setting an agenda for future enquiry.' Asian and Pacific Migration Journal ’...this book ranges far and wide... has much to offer.’ International Journal of Refugee Law