Publication – Fundamental Rights Considerations: NGO ships involved in search and rescue in the Mediterranean and criminal investigations

The European Union Fundamental Rights Agency has just published a brief note on the legal aspects of search and rescue in the Mediterranean accompanied by a very useful oversight (at the bottom of their webpage) of NGO activities at sea and criminal investigations into their activities over the last few years. The note can be found here.

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Call for papers: Migration Issues before International Courts and Tribunals

The Department of Law of the University of Naples “Federico II” and the Institute for Research on Innovation and Services for Development of the National Research Council of Italy are working jointly on the analysis of the link between Migration and Development. In this context they are launching a new call for papers on the following topic: Migration Issues before International Courts and Tribunals.

The volume is intended to analyze in detail the case law of international Courts and Tribunals on questions connected to migration and to migrants and to explore their contribution to the application and the development of legal rules on human migration. Its main goals include the dissemination of the relevant judicial practice; the investigation of the possibility for a wider application of international rules and standards on migration issues; the assessment of the extent to which international judges have played or could play a law-making role in the field of international migration law.

The deadline for the submission of abstracts is 30 September 2018 (no more than 500 words; via migrationandevelopment@gmail.com ). More info on the call for paper can be found here: IRiSS CfP.

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Programme Interest Group workshop in Manchester (13 September 2018)

The Coordinating Committee of the ESIL Interest Group on Migration and Refugee Law warmly invites you to attend our Interest Group workshop in Manchester on 13 September 2018 in the framework of the 14th Annual Conference of the European Society of International Law.

We have been able to put together two promising panels addressing the UN Global Compacts on Migration and Refugees. Will present their papers:

Giovanni Carlo Bruno (National Research Council, Italy), “Available pathways for regular migration: low-skilled migrants, fundamental rights, and the Global Compact”

Vincent Chetail (Graduate Institute, Geneva), “The Global Compact on Safe, Orderly and Regular Migration: A Normative Kaleidoscope of International Migration Law”

Marion Panizzon (University of Bern; NCCR), “What is a Compact? Migrants’ Rights and State Responsibilities Regarding the Design of the UN Global Compact for Safe, Orderly and Regular Migration” (co-authored with: Thomas Gammeltoft Hansen, Elspeth Guild, Violeta Moreno-Lax and Isobel Roele) (tbc)

Chao Yi (McGill University), “Root Causes and Burden/Responsibility-Sharing: Where Are the Countries of Origin in The Global Compact on Refugees?”

Maria Varaki (Erik Castren Institute of International Law and Human Rights, Helsinki), “Ethical leadership and Global Compacts. A test of phronesis and humanity”

More programme details can be found here.

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Call for papers: Environmentally-induced Migration and Human Rights Protection (Rome)

On 5 November 2018, the “Sapienza” University of Rome will host a conference organized by the Interest Group on migration and asylum law of the Italian Society of International and EU Law. An increasing number of people leave their homes because of disasters and environmental degradation and it is expected that in the near future climate change will be the primary push factor of migration, at both internal and international level. The conference aims to stimulate the debate on current practices and possible solutions to address the gaps of the existing international legal framework on environmental migration. The organizers welcome in particular contributions by early career academics presenting theoretical as well as practical approaches. Abstract submissions are due on the 27th of July 2018 and may not exceed 350 words. (please send to: diemacall@gmail.com ) More details on the conference and the call for papers can be found here: Environmental migration call

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Publication: Refugees and the Right to Freedom of Movement

IG member Marjoleine Zieck just published her article ‘Refugees and the Right to Freedom of Movement: From Flight to Return’ in the Michigan Journal of International Law (Vol. 39, Issue 1). This background study focuses on the right to freedom of movement of refugees. It reviews the law pertaining to this freedom from the perspective of the spatial journey of refugees. This focus on the law means that extralegal considerations will not be taken into consideration. The analysis will not proceed from any perceived need for limits that should be accepted as “a product of realism about the strains that migration, especially high-volume migration or sudden influxes, can bring to a society.” The article is available for downloading here.

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Publication: latest International Review of the Red Cross on Migration and Displacement

The ICRC’s latest issue of the International review of the Red Cross (No. 904) unpacks and addresses questions related to migration and displacement. All contributions can be freely accessed here.

Table of contents:

Editorial: Migration and displacement: humanity with its back to the wall (Vincent Bernard)
“All I want is to know”: testimonies of the families of missing migrants in Zimbabwe
Interview with Filippo Grandi
Mobilising the movement: Australian Red Cross, migration and the role of the Red Cross and Red Crescent movement around humanitarian response (Vicki Mau)
British Red Cross response to young migrants in Calais, France (Debbie Busler Continue reading
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Call for papers: Transformation of Citizenship (Graz, Austria)

Dear IG members,

A conference on citizenship and immigration will be held at the law faculty of the University of Graz (Austria) on 20-21 November 2018, organised inter alia by our IG member Stefan Salomon.

In recent years, we witnessed key transformations of citizenship. Already in the 1990s, some argued that the importance of citizenship as legal status would diminish as the sphere of human rights widens. The compression of space-time renders citizenship increasingly meaningless as a form of identification and boundaries – of states, political communities, and the self – blurred and fluid. With globalization and transnational governance regimes abounding, the increasing enmeshment of citizenship in processes of governance, e.g. to attract high-skilled migrants, suggests that mobility, not belonging, is the key element. As such, citizenship may have lost in significance. Yet, at the same time, we see that citizenship still is the predominant institution that reflects global inequality and in which discourses on otherness unfold. The ‘right’ citizenship still largely defines the opportunities of a person under a domestic and global perspective. One could say that while the boundaries of states dwindle in terms of institutional integration, multidirectional dependence, or technological progress, states increase their boundaries in terms of raising the symbolic value of citizenship. It is this juxtaposition and tension inherent in the concept of citizenship today, which this conference seeks to illuminate, elucidate and review in an effort to understand the processes responsible for the changes.

The deadline for the submission of proposals is 1 July 2018. More information can be found here.

 

 

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New publication by IG members – “Migration and the Environment: Some Reflections on Current Legal Issues and Possible Ways Forward”

The papers collected in this volume, edited by Giovanni Carlo Bruno, Fulvio Maria Palombino and Valentina Rossi (“Migration
and the Environment: Some Reflections on Current Legal Issues and Possible
Ways Forward“, CNR edizioni, 2017), analyse the links between migration and the environment from different perspectives, tackling significant
international law issues in this field as well as normative gaps and
possible solutions with respect to the effective protection of people whose
movements are induced by environmental factors. The ultimate aim of this
volume is to provide an original contribution to current academic and
policy debates on the matters of international migration caused by
environmental changes. Free access to the book: click  here.

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Upcoming elections for the Coordinating Committee of the IG Migration and Refugee Law

 

(more info soon …)

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Publication by IG member – EU migration law shaping international migration law in the field of expulsion of aliens: the case of the ILC draft articles

This academic piece by IG member Tamás Molnár appeared in the Hungarian Journal of Legal Studies. Since the Treaty of Maastricht, EU law has become more open to international law and has engaged with it in different forms of interactions. The influence of EU law on universal law-making has found its way through different legal channels and techniques. The article thoroughly scrutinises the impact of EU return acquis on the development of the international law governing the ‘expulsion of aliens’, which can be best analysed through the work of the UN International Law Commission (ILC) on the expulsion of aliens (2004–2014). The ILC’s approach has come a long way from the mere ignorance of EU law and the EU’s submissions by the special rapporteur in the early stages of the codification work until it has gradually taking into account major EU migration law concepts in ILC reports and in the draft articles. The 2014 ILC draft articles on the expulsion of aliens have finally been, in many aspects, inspired and influenced by EU law, especially the Return Directive (2008/115/EC). This short piece meticulously explores the inroads EU return law made in relation to the ILC work on the expulsion of aliens, by identifying and critically evaluating the tangible impact of EU law on the UN codification project.

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