Internationaal Privaatrecht en migratierecht. De evolutie van een tweesporenbeleid (Private International Law and Migration Law. The Evolution of a Two-Track Policy)

2001 ◽  
Author(s):  
Veerle Van Den Eeckhout
Keyword(s):  
International Law ◽  
Private International Law ◽  
And Migration ◽  
Migration Law

scholarly journals THE ENDURING VULNERABILITY OF MIGRANT DOMESTIC WORKERS IN EUROPE

2013 ◽  
Vol 62 (3) ◽  
pp. 599-627 ◽  
Author(s):  
Clíodhna Murphy
Keyword(s):  
International Law ◽  
Migrant Workers ◽  
Domestic Workers ◽  
Employment Law ◽  
The United Kingdom ◽  
Regulatory Frameworks ◽  
Labour Standards ◽  
And Migration ◽  
Migration Law ◽  
Migrant Domestic Workers

AbstractWhile the rights of domestic workers are expanding in international law, including through the adoption of the ILO Domestic Workers Convention in 2011, migrant domestic workers remain particularly vulnerable to employment-related abuse and exploitation. This article explores the intersection of the employment law and migration law regimes applicable to migrant domestic workers in the United Kingdom, France and Ireland. The article suggests that the precarious immigration status of many migrant domestic workers renders employment protections, such as they exist in each jurisdiction, largely illusory in practice for this group of workers. The labour standards contained in the Domestic Workers Convention, together with the recommendations of the UN Committee on Migrant Workers on the features of an appropriate immigration regime for migrant domestic workers, are identified as providing an alternative normative model for national regulatory frameworks.

scholarly journals The Contested Boundaries of Emerging International Migration Law in the Post-Pandemic

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 349-353
Author(s):  
Ian M. Kysel ◽  
Chantal Thomas
Keyword(s):  
International Law ◽  
International Migration ◽  
Human Mobility ◽  
The Status ◽  
Transnational Civil Society ◽  
And Migration ◽  
Border Controls ◽  
Activist Movements ◽  
State Responses ◽  
Migration Law

One measure of how and whether the COVID-19 pandemic reshapes the emerging field of international migration law will be the extent to which transnational civil society and activist movements can counteract the intensification of state border controls that the pandemic has triggered. Before the pandemic, transnational efforts to establish a new normative framework for migration seemed to be accelerating. These efforts included new, if non-binding, global compacts on refugees and migration, and new, if modest, efforts at facilitating global cooperation, alongside innovative approaches to scholarly engagement. Such developments arguably contributed to an emerging framework for protecting migrants under international law. Has the pandemic defeated this potential? State responses to the pandemic have eschewed multilateralism, brought migration to a near standstill, and ignored well-established human rights obligations. Moreover, states are poised to deploy a range of new border management technologies and even more assertively manage migration in the name of “health proofing” borders. Yet at the same time, some progressive state practices have emerged alongside a call from the UN Secretary-General to “reimagine human mobility for the benefit of all.” In this essay, we chart some areas of potentially progressive expansion beyond the status quo, noting not only the substance but also the process by which these norms are emerging.

International Migration Law in the Current Legal and Political Reality: Review of Research Handbook on International Law and Migration

2016 ◽  
Vol 49 (1) ◽  
pp. 131-145
Author(s):  
Tally Kritzman-Amir
Keyword(s):  
International Relations ◽  
International Law ◽  
International Migration ◽  
Mental States ◽  
International Organisations ◽  
Political Reality ◽  
Growing Body ◽  
To Come ◽  
And Migration ◽  
Migration Law

The complex human phenomenon of migration is a challenging one, and throughout history has been considered by many disciplines, including, but not limited to, law, international relations and political science, sociology and anthropology, philosophy, economics, geography and demography and psychology, as well as by multi-disciplinary scholarship. All of this growing body of scholarship has attempted to come to grips with particular aspects of this phenomenon, which has an impact on states, peoples, societies, spaces, cultures, mental states, international organisations and norms.

scholarly journals The Possibilities of Global Migration Law

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 3-7
Author(s):  
Peter J. Spiro
Keyword(s):  
International Law ◽  
International Criminal ◽  
Expert Knowledge ◽  
Full Range ◽  
International Criminal Law ◽  
Private International Law ◽  
Public International Law ◽  
Global Migration ◽  
Migration Law ◽  
The U.S

When I started teaching international law more than twenty years ago, it was still possible to be an international law generalist. In the U.S. legal academy, the likes of Henkin, Schachter, Franck, and McDougal covered the full range of public international law subjects. (Some even managed to stay on top of private international law, too.) Today, being an international law generalist is impractical; it's simply too difficult to keep current with the breadth of international law. From the scholar's perspective, it's a case of “be careful what you wish for.” A generalist international law orientation used to be possible because there was so little of it, both on the ground and in the scholarship. Those mid-century saplings—the various distinctive fields within international law—have grown to mature oaks, and expert knowledge of their many crevices and branches is beyond the capacity of any single observer. Not only does international law defy individual mastery, but the level of specialization now makes it difficult to talk across these different areas. My colleague in international criminal law might as well be a domestic family law person for purposes of professional points of connection. We both attend the ASIL Annual Meeting, but we no longer really speak the same language.

The External Dimension of EU Migration and Asylum Policies

2020 ◽  
Keyword(s):  
International Law ◽  
Migration Policy ◽  
Federal Republic Of Germany ◽  
Exchange Students ◽  
Refugee Protection ◽  
Academic Exchange ◽  
The United Kingdom ◽  
Refugee Law ◽  
And Migration ◽  
Migration Law

refugee law that took place in Barcelona. In the spirit of intergenerational academic exchange, students, young researchers, and established experts engage in interdisciplinary discussions on fundamental questions of migration law and migration policy, which have become more virulent than ever since the refugee protection crisis of 2015. European, human rights and international law aspects are supplemented by national perspectives from Belgium, Bulgaria, the Federal Republic of Germany, Italy, Spain, Turkey and the United Kingdom. The entire project sees itself as a laboratory for the exchange of ideas on how modern migration societies can orient themselves towards a sustainable future. With contributions by Claudia Candelmo, Carmine Conte, Francisco Javier Donaire Villa, Arolda Elbasani, Leonard Amaru Feil, Francesco Luigi Gatta, Chad Heimrich, Markus Kotzur, Annalisa Morticelli, David Moya, Claudia Pretto, Andrea Romano, David Fernandez Rojo, Senada Šelo Šabić, Valentina Savazzi, Ülkü Sezgi Sözen and Catharina Ziebritzki.

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