The Ashgate Research Companion to Migration Law, Theory and Policy

  •  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.
  • About the Editor: Satvinder S. Juss Ph.D (Cantab) FRSA, is a member of 3 Hare Court and teaches international refugee law and human rights law at King's College London, UK, where he is also the Director for the Centre for Transnational Law, and a former Human Rights Fellow of Harvard Law School. He is a Barrister-at-Law of Gray's Inn, who has appeared in human rights cases in the Supreme Court, the House of Lords, and the Privy Council. He has acted as an expert on human rights issues for various think-tanks such as Encounter, Rowntrees Trust, the Royal Society of Arts, the International Organisation for Migration, and lately the Centre for Social Justice, where he is currently engaged in a landmark inquiry into human trafficking and slavery. Professor Juss was the British Expert at the 2nd Conference of Ministers of Justice on the EU Rule of Law Initiative for Central Asia in Tajikistan in 2010, and seeks to combine the roles of teacher, practitioner, and activist in policy-oriented work.


Part I: The Refugee in Europe’s Free Movement Regime

1 The ‘new europe’ and the ‘european Refugee’: The subversion of the european union’s Refugee Law by its migration policy 3
Nadine El-Enany

2 The modern Refugee in the post-modern europe 25
Patricia Tuitt

3 eu immigration and the new eu Treaty Framework 43
Elspeth Guild

4 Are european states Accountable for Border deaths? 61
Thomas Spijkerboer

Part II: Safeguarding the Safety and Security of Refugees

5 Jonah and socrates as Refugees: Repentance, Redemption and Responsibility 79
Howard Adelman

6 Strengthening international Refugee Rights through the enhanced supervision of the 1951 convention and
its 1967 protocol 103
James C. Simeon

7 Non-refoulement obligations in public international Law: Towards a new protection status? 129
Francesco Messineo

8 Country information and evidence Assessment in new Zealand 157
Rodger Haines QC

Part III: The Responsibility to Protect Displaced Populations

9 The shifting Boundaries and content of protection: The internal protection Alternative Revisited 189
Penelope Mathew

10 Territorial protection: cessation of Refugee status and internal Flight Alternative compared 209
Maria O’Sullivan

11 Sharing Responsibility for Asylum seekers and Refugees in the Asia Pacific Region 233
Savitri Taylor

12 Disowned in their own Land: The courts and protection of the internally displaced person 257
Geoffrey Care

Part IV: Emerging Paradigms of Legal Protection

13 Human Trafficking, Asylum and the Problem of Protection 281
Satvinder S. Juss

14 Child migration and the Lacunae in international protection 321
Jacqueline Bhabha

15 Unaccompanied children and their protection under international Refugee Law 347
Ilias Bantekas

16 Forced Displacement, the Law of International Armed Conflict, and state Authority 363
David James Cantor

Part V: Encampment, Detention and the Coercive Treatment of Asylum-Seekers

17 Asylum seekers, detention and the Law: morality in Abeyance? 395
Dallal Stevens

18 Regulation 5.35: coerced Treatment of detained Asylum seekers on hunger strike. Legal, ethical and human Rights implications 423
Mary Anne Kenny and Lucy Fiske

19 ‘Less coercive means’: The Legal case for Alternatives to detention for Refugees, Asylum seekers and
other migrants 443
Alice Edwards

20 The end of Refugee camps? 471
Guglielmo Verdirameand Jason Pobjoy

Part VI: Migrant Workers, Skilled Labour and the Control of Human Mobility

21 In defence of the migrant workers convention: standard Setting for Contemporary Migration 491
Bernard Ryan

22 The movement of skilled Labour and Knowledge across Borders 517
Shubha Ghosh

23 Migration control and human security 535
Sharon Pickering, Marie Segrave, Claudia Tazreiter and Leanne Weber

24 Collective Remittances in Comparative Perspective: The Cases of el salvador and mexico 563
Gustavo A. Flores-Macías

Part VII: Transnational Migration, Citizenship and the Modern State

25 Global migratory policies: neither closed nor open Borders 581
Raffaele Marchetti

26 Transnational Family Relations in migration contexts: British variations on european Themes 599
Prakash Shah

27 Secret immigration Business: policy Transfers and the Tyranny of deterrence Theory 617
Mary Crock and Daniel Ghezelbash

28 Family migration and new Labour 639
Helena Wray

29 Elements of movement controls in post-sovereign governmentality 661
Thanos Zartaloudis

30 Transnational citizenship and the democratic state: On modes of membership and Rights of political participation 689
David Owen