The International Commission of Jurists has just published its sixth Practitioners Guide entitled Migration and International Human Rights Law: Practitioners Guide No. 6. The Guide was researched and written by Massimo Frigo and edited by Róisín Pillay.
“The Practitioners Guide on Migration and International Human Rights Law analyses the protection afforded to migrants by international law and the means to implement it at national and international levels. The Guide synthesises and clarifies international standards on key issues, in particular: the rights and procedures connected to the way migrants enter a country and their status in the country of destination; human rights and refugee law constraints on expulsion; the human rights and refugee law rights linked to expulsion procedures; the rights and guarantees for administrative detention of migrants; rights connected to work and labour; and rights to education, to the highest attainable standard of health, to adequate housing, to water, to food, and to social security.”
The 300 page Guide includes Chapters or Annexes on Human Rights Impediments to Expulsion, Detention, ESC Rights in Migration, and International Legal Remedies, among other subjects.
Click here or on this link PGNo6-ElectronicDistribution for the Practitioners Guide.
(Thanks to Massimo Frigo for bringing this to my attention.)
European Immigration and Asylum Law- A Commentary, Edited by Kay Hailbronner.
As described by the publisher:
The EU has usurped essential parts of the national laws of immigration and asylum. Hence, European Directives and Regulations have become more important for the immigration departments and administrative tribunals. From German Courts alone, more than five referrals on the interpretation of Directives, especially in the area of the so-called Qualification-Directive (criteria for the recognition as a refugee,) have been made to the European Court of Justice. The immigration departments, too, are obliged to interpret national law, according to European Directives and Regulations. Accordingly, in most of the European member states numerous courts are required to decide on the basis of the European law in the field of immigration and asylum.
For example, the following pieces of European legislation have been dealt with in detail:
- Directive on the qualification and status of refugees
- Directive on asylum procedure
- Directive on the admission of students
- Directive on the admission of researchers
- Family reunion Directive
- Blue Card Directive
- Directive on the return of third-country nationals
- Dublin Regulation, including Dublin Implementation Regulation and Eurodac
- Professor Hailbronner is Director of the Center for International and European Immigration and Asylum Law at the University of Konstanz.
- Professor Astrid Epiney, University of Fribourg
- Ryszard Cholewinski, International Organisation for Migration in Geneva
- Dr Martin Schieffer, European Commission
- Professor Achilles Skordas, University of Bristol
- Professor Thomas Spijkerboer, VU University, Amsterdam.
Click here for link to publisher’s page.
Click here for Table of Contents.
A new book will soon be available: “Extraterritorial Immigration Control: Legal Challenges”, edited by Bernard Ryan (PhD from the European University Institute and Reader in Law at the University of Kent) and Valsamis Mitsilegas (Professor of European Criminal Law at Queen Mary, University of London and former legal adviser to the House of Lords Select Committee on the European Union).
The book is part of Brill’s “Immigration and Asylum Law and Policy in Europe” series.
Summary from the publisher: “A central element of contemporary border regimes is their application to migrants before they reach a state’s territory. The main forms of this extraterritorial immigration control are visa requirements, pre-embarkation immigration controls and the interception of irregular migrants at sea. This work analyses the complex relationship of the law to these practices, as legal guarantees are potentially avoided, while the legality of control is often uncertain. It examines the international law framework, including the law of the sea and the extraterritorial application of principles of non-refoulement contained in the Refugee Convention and in international human rights law. The work also includes detailed case-studies of the legal challenges posed by extraterritorial immigration controls in Europe, Australia and the United States.”
Part I: Overviews
1. Extraterritorial Immigration Control: What role for legal guarantees? – Bernard Ryan,;
2. Extraterritorial Immigration Control in the 21st Century: The individual and the state transformed – Valsamis Mitsilegas;
Part II: International law aspects
3. The Concept of State Jurisdiction and the Applicability of the Non-refoulement Principle to Extraterritorial Interception Measures – Anja Klug and Tim Howe;
4. The International Law of the Sea and Migration Control – Richard Barnes;
5. The Legal Framework Concerning the Smuggling of Migrants at Sea under the UN Protocol on the Smuggling of Migrants by Land, Sea and Air – Tom Obokata;
Part III: European Union aspects
6. Europe Beyond its Borders: Refugee and human rights protection in extraterritorial immigration control – Maarten den Heijer;
7. Extraterritorial Migration Control and Human Rights: Preserving the responsibility of the EU and its Member States – Evelien Brouwer ;
8. Extraterritorial Border Controls in the EU: the role of Frontex in operations at sea – Anneliese Baldaccini ;
9. The Transformation of European Border Controls – Elspeth Guild and Didier Bigo;
Part IV: State practice
Migration Control at Sea: The Italian case – Alessia di Pascale;
10. Extraterritorial strategies to tackle irregular immigration by sea: A Spanish perspective – Paula García Andrade;
11. Controlling Migration by Sea: The Australian case – Susan Kneebone;
12. US Migrant Interdiction Practices in International and Territorial Waters – Niels Frenzen;
13. The UK and Extra-territorial Immigration Control: Entry clearance and juxtaposed control – Gina Clayton.
Click here for link to the book on Publisher’s web site.
“Migrant Smuggling by Sea-Combating a Current Threat to Maritime Security through the Creation of a Cooperative Framework” by Patricia Mallia, lecturer and Head of the Department of International Law at the University of Malta.
Publisher’s summary of the book: “A number of rules of the international law governing the oceans were created at a time far removed from the challenges of the present day. The principle of the freedom of the high seas and its corollary of flag State exclusivity are archetypical examples of this. Today these rules may appear to be obstacles in the effort to combat a number of contemporary maritime threats such as migrant smuggling by sea. This study examines this multi-faceted threat to maritime security against the backdrop of the current international legal framework and State practice in order to establish whether this threat can be effectively addressed within the existing framework of the law of the sea.”
In an interview with the Malta Independent the author suggests that the new Frontex guidelines governing operations at sea are inconsistent with international law: “On the recently approved Frontex guidelines, apart from the fact that the wrong legal basis was used to get them through, the position taken in the guidelines goes beyond what is stipulated in international conventions, namely the International Maritime Organisation’s Safety of Life at Sea Convention (SOLAS) and Search and Rescue (SAR) Convention.”
Click here for link to publisher.
Click here for article.
“In 1992, after a crackdown on corruption in the Bangkok airport (where snakeheads procured fake documents), the smugglers turned to boats, or what was known as the “bucket business.” Most ships were barely seaworthy; some had as many as a hundred cabins and packed the bodies in. Routes were byzantine: the FBI tracked one group of migrants from Fuzhou to Hong Kong, Bangkok, Kuala Lumpur, Singapore, Dubai, Frankfurt, and then Washington. Keefe puts it this way: “In the minds of the snakeheads, humans were ultimately a form of cargo like any other, subject to the economies of scale.” Like the global trade in more ordinary goods, shipping on the sea worked, leaving U.S. authorities in its wake for quite a while.”
Click here for review.