1st Edition

International Migration and the Law Legal Approaches to a Global Challenge

    704 Pages 2 B/W Illustrations
    by Routledge

    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
    Angela Di Stasi

    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
    Pietro Gargiulo
    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
    Annalisa Geraci
    3 Mexico and the United States of America: feasible mutual migration agreements in the light of Agenda 2030
    Alejandra Olay Cheu

    Part II: Migrant rights and situations of vulnerability

    4 On the social rights of irregular migrants
    Giovanni Cellamare
    5 The protection of refugee women health under international law
    Pia Acconci
    6 Economic migrants and extra-European practices: considerations about the minimum guarantees of treatment
    Aldo Amirante
    7 The protection of migrants’ personal data
    Francesco Buonomenna
    8 ILO and the protection of female migrant domestic workers: ongoing limits and recent developments
    Francesco Gaudiosi
    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
    Luca Martelli
    10 Right to family reunification of migrants and refugees in the Latin American system
    Rita Mazza
    11 The relevance of social and family ties of third-country nationals: from protection against expulsion to the European arrest warrant
    Giovanna Naddeo
    12 Non-discrimination in accessing the welfare system. The effectiveness and primacy of EU law over Italian law
    Rossana Palladino

    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)
    Angela Di Stasi
    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?
    Anna Oriolo
    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
    Michele Nino
    16 The role of environmental severe degradation in national asylum cases: jurisprudential wake-up calls for the asleep (EU) legislator?
    Concetta Maria Pontecorvo
    17 Developing and consolidating the protection of unaccompanied minor migrants in Europe: the Court of Justice’s role
    Angela Maria Romito
    18 Immigration detention: the assessment of non-European human rights control bodies
    Annachiara Rotondo

    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
    Ida Caracciolo
    20 40 years of forced migrations and refugees flows in South-East Asia: a regional model or a legal limbo?
    Silvia Angioi
    21 Economic and climate migration in Georgia
    Andrea Borroni
    22 Placing barriers against the disembarkation of rescued migrants: brief remarks on recent Italian practice from a human rights perspective
    Antonio Marchesi
    23 Migrations and legal reforms in Tunisia among physical and digital circularity
    Anna Marotta
    24 The protection of international migrants between international humanitarian law, international human rights law and international refugee law
    Egeria Nalin
    25 Islamic law in comparison: implications for the resolution of Muslim migrants’ cases and disputes
    Gian Maria Piccinelli

    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
    Angela Festa
    27 The new EU Action Plan against migrant smuggling as a “renewed” response to the emerging challenges
    Anna Iermano
    28 The role of the new FRONTEX in contrasting irregular immigration along the Atlantic route
    Ivan Ingravallo
    29 The EU’s Regional Development and Protection Programmes (RDPPS): effective or too ambitious (and ambiguous) protection tool?
    Giuseppe Morgese
    30 The detention of migrants at the EU’s borders: a serious violation of human rights and a threat to the rule of law
    Teresa Russo

    Part VI: Beyond the legal perspective

    31 The strategy of European Trade Unions for the protection of migrant workers
    Adolfo Braga
    32 Migration flows, integration and Agenda 2030: a quantitative analysis
    Andrea Ciccarelli, Audrey De Dominicis, Marco Di Domizio, Elena Fabrizi, Endrit Tota
    33 The role of linguistic and cultural mediators in migrant reception: some practical insights
    Francesca Vaccarelli
    34 Irregular migrants in Moroccan law. An analysis of Arabic texts
    Paola Viviani

    Biography

    Angela Di Stasi is Full Professor of International Law and European Union Law, Department of Legal Sciences, University of Salerno and Rector’s 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 Master’s Degree in International Political Studies. Editor-in-chief of the Review “La Comunità Internazionale”, Quarterly of the Italian Society for International Organization.