International Migration and the Law: Legal Approaches to a Global Challenge

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International Migration and the Law: Legal Approaches to a Global Challenge

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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