This book discusses existing and future trends concerning the development of migratory policies between local and global levels, to understand the challenges and gaps in the protection of migrants. It explores international migration and its impact on sovereignty, international cooperation, security, and human rights.
This book discusses existing and future trends concerning the development of migratory policies between local and global levels, to understand the challenges and gaps in the protection of migrants. The collection explores international migration and its impact on sovereignty, international cooperation, security, and human rights. In particular, it takes into account the composite framework of international and national rules, and the role of judicial and monitoring bodies in protecting the rights of migrants, with the aim of assessing the state of the art, identifying the gaps, and formulating possible remedies. The work of some international organizations such as the UN and its specialized agencies and the European Union is investigated, together with a set of regional practices such as those of Latin America and South-East Asia, and countries, such as Mexico, Georgia, Tunisia, Italy, and the United States. The issues of the fundamental rights of migrants in the European legal order are also addressed, including the emerging scenarios related to recent crises like the one generated by the war in Ukraine. This timely collection will be essential reading for academics, researchers and policy-makers working in the areas of Migration Law, Asylum and Refugee Law, International Law, International Organizations, EU Law, International Human Rights Law, International Humanitarian Law, Comparative Law and Socio-Legal Studies.
Preface; Part I: The role of international cooperation in the management
of migration flows;
1. The role of international cooperation in the
management of migration flows and the integration of migrants;
2.
International Organisation on Migration, United Nations High Commissioner for
Refugees, and mixed movements: migration governance between cooperation,
overlapping mandates, and the influence of the States;
3. Mexico and the
United States of America: feasible mutual migration agreements in the light
of Agenda 2030; Part II: Migrant rights and situations of vulnerability;
4.
On the social rights of irregular migrants;
5. The protection of refugee
women health under international law;
6. Economic migrants and extra-European
practices: considerations about the minimum guarantees of treatment;
7. The
protection of migrants personal data;
8. ILO and the protection of female
migrant domestic workers: ongoing limits and recent developments;
9. The
central role of migrantis voluntas in the integration policies of legal
immigrants: the state of the art of this protection in international law;
10.
Right to family reunification of migrants and refugees in the Latin American
system;
11. The relevance of social and family ties of third-country
nationals: from protection against expulsion to the European arrest warrant;
12. Non-discrimination in accessing the welfare system. The effectiveness and
primacy of EU law over Italian law; Part III: The role of International
Courts and monitoring bodies in protecting migrant individual rights;
13.
Human dignity as the basis and source of respect for the rights and freedoms
of migrants: some elements of convergence in the case law of the European
Courts (ECtHR and ECJ);
14. Crimes against migrants and refugees, the
International Criminal Court, and EU leaders responsibility: a permanently
open-ended response as to Security Council referral of the Libyan situation?;
15. Refugee status, terrorism, and public security: the relationship between
international law and European Union law in light of recent EU Court of
Justice case law;
16. The role of environmental severe degradation in
national asylum cases: jurisprudential wake-up calls for the asleep (EU)
legislator?;
17. Developing and consolidating the protection of unaccompanied
minor migrants in Europe: the Court of Justices role;
18. Immigration
detention: the assessment of non-European human rights control bodies; Part
IV: Recent migration flows: evolving legal perspective and practice;
19.
Rethinking legal categories on forced migration: Latin American specificity
and possible fertilisation of the European system;
20. 40 years of forced
migrations and refugees flows in South-East Asia: a regional model or a legal
limbo?;
21. Economic and climate migration in Georgia;
22. Placing barriers
against the disembarkation of rescued migrants: brief remarks on recent
Italian practice from a human rights perspective;
23. Migrations and legal
reforms in Tunisia among physical and digital circularity;
24. The protection
of international migrants between international humanitarian law,
international human rights law and international refugee law;
25. Islamic law
in comparison: implications for the resolution of Muslim migrants cases and
disputes; Part V: Coordination of EU Member States in migration management;
26. Managing migratory flows in the EU through temporary protection: issues
and perspectives in the Ukrainian case;
27. The new EU Action Plan against
migrant smuggling as a renewed response to the emerging challenges;
28. The
role of the new FRONTEX in contrasting irregular immigration along the
Atlantic route;
29. The EUs Regional Development and Protection Programmes
(RDPPS): effective or too ambitious (and ambiguous) protection tool?;
30. The
detention of migrants at the EUs borders: a serious violation of human
rights and a threat to the rule of law; Part VI: Beyond the legal
perspective;
31. The strategy of European Trade Unions for the protection of
migrant workers;
32. Migration flows, integration and Agenda 2030: a
quantitative analysis;
33. The role of linguistic and cultural mediators in
migrant reception: some practical insights;
34. Irregular migrants in
Moroccan law. An analysis of Arabic texts
Angela Di Stasi is Full Professor of International Law and European Union Law, Department of Legal Sciences, University of Salerno and Rectors Delegate for Equal Opportunities. Director of the Observatory on the Area of Freedom, Security and Justice. Director of the Journal Freedom, Security & Justice: European Legal Studies. Former Jean Monnet Chair Holder on Judicial protection of fundamental rights in the European Area of Freedom, Security and Justice.
Ida Caracciolo is Full Professor of International Law, Department of Political Sciences, University of Campania Luigi Vanvitelli; Judge, International Tribunal for the Law of the Sea; Member, Permanent Court of Arbitration; vice Arbitrator, OSCE Court of Arbitration and Conciliation; Member of various scientific societies and committees of law book series and journals. Editor and author of numerous books and articles in Public International Law.
Giovanni Cellamare is Full Professor of International Law, Faculty of Political Science, University of Bari Aldo Moro and Head of the Department of International Law and European Union. Member of the scientific boards of several law journals. Editor and author of numerous articles and books in Public International Law and European Union Law.
Pietro Gargiulo is Full Professor of International Law, Department of Political Science, University of Teramo. From 2016 he is Deputy Rector for Research Monitoring and from 2016 to 2019 he was Director of the Masters Degree in International Political Studies. Editor-in-chief of the Review La Comunità Internazionale, Quarterly of the Italian Society for International Organization.
