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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New publications


Illegally Staying in the EU – An Analysis of Illegality in EU Migration Law

In this book, Benedita Menezes Queiroz (EUI / Lisbon Centre for Research in Public Law) provides a conceptual analysis of the illegality of a third-country national’s stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants. More info here.

Questioning EU Citizenship – Judges and the Limits of Free Movement and Solidarity in the EU

This edited volume addresses citizenship in EU law. It pays particular attention to the Court of Justice, offering analytical readings of the key cases. The volume also examines those political, social and normative factors which influence the evolution of citizens’ rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions are explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship. For more info, check this link.

Unity in Adversity – EU citizenship, Social Justice and the Cautionary Tale of the UK

Charlotte O’Brien (University of York) has published her book Unity in Adversity – EU citizenship, Social Justice and the Cautionary Tale of the UK. In her work, she argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. The book is the result of working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. More info can be found here.

*Please note that Interest Group members can acquire these books with a 20% discount.
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Upcoming Interest Group activity, workshop (Naples): The Future of International Migration Law

The 13th Annual Conference of the European Society of International Law (Naples, 2017) will explore how international law has responded, or can or should respond, to the fundamental challenge of defining and regulating global public goods, global commons and fundamental values. The pre-conference workshop organised by the ESIL Interest Group on Migration and Refugee Law (MigRefLaw) in conjunction with the Leiden based project ‘Interaction between Legal Systems’ will focus on the realisation of the global public good and fundamental value of international protection of forcibly displaced individuals and the benefits of safe, regular and orderly migration to all actors involved.

Within the 250 million international migrants globally, about 65.6 million people are forcibly displaced. The situation in and around the arena of the Mediterranean has been labelled as a “crisis”, an “emergency”. This emergency does not take place in a legal void. To the contrary: the overall picture that emerges is one of multiple levels of governance, actors and legal regimes. Law making and law enforcement as well as humanitarian efforts take place in a global and EU context of treaties and regulations; a framework whose complexity is augmented by a myriad of national immigration and asylum regimes. Under the broad title of ‘the future of international migration law’, i.e. the body of law and the accompanying governance levels and actors sketched above, the IG MigRefLaw workshop investigates how these multiple levels and legal regimes interact, and how this affects the provision of international protection.

Date: Wednesday, 6 September 2017

More info can be found here.

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Publication by IG member: ‘Migrant ill-treatment in Greek Law Enforcement’

Interest Group member Nikolaos Sitaropoulos’ work appeared in the European Journal of Migration and Law (Vol. 19, (2)) titled: “Migrant Ill-Treatment in Greek Law Enforcement – Are the Strasbourg Court Judgments the Tip of the Iceberg?“. Numerous instances of migrant ill-treatment, including torture, in Greek law enforcement have been recorded over a long period of time by international human rights monitoring organisations. The frequent reporting of such incidents though was not accompanied by any major judgments by the Strasbourg Court until Alsayed Allaham and Zontul in 2007 and 2012 respectively. The article provides an analysis of these first major judgments which usefully shed light on the underlying, long-standing systemic failures of the Greek law, as well as of the law enforcement and judicial authorities’ practice. It is argued that the above judgments are in fact only the tip of the iceberg. Continue reading

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Call for papers! Interest Group side-event at the ESIL Conference, Naples (6 September 2017)

The ESIL Interest Group (IG) on Migration and Refugee Law is organizing a pre-conference event on the 6th of September 2017 in Naples (Italy) entitled “The Future of International Migration Law”, in the framework of the 13th ESIL Annual Conference (7-9 September 2017). Our Interest Group will host two panels of speakers: one on the de-fragmentation of EU migration and asylum governance (confirmed speakers in provisional programme), and another panel on (ab)normalities of international migration and refugee law: challenges and innovations. For the latter we are launching a call for papers.

We are not aiming for fully-fledged papers but for contributions of up to 2000 to 2500 words (extended abstracts). The eventual short papers (extended abstracts) should be sent to the IG conveners by 15 August 2017 in order to circulate them amongst the panellists prior to the workshop.

The Interest Group invites submissions of abstracts of no more than 400 words. Applications should be submitted to kristof.gombeer@vub.be by 25 June 2017, with a short curriculum vitae containing the author’s name, institutional affiliation, and contact information. The selected presenters will be notified by 30 June 2017. Please note that the Interest Group also invites the submission of papers by non-ESIL members.

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Vacancies: PhD and Pre-Doc positions at the Institute for European Studies (Vrije Universiteit Brussel)

The Institute for European Studies at the Vrije Universiteit Brussel has currently two vacancies in the field of migration studies: a PhD position (4 years) on ‘Europe’s Migration and Migrant Integration Policies in Uncertain Times’ and a one-year Pre-Doc position on ‘Migration Governance in West Africa’ in cooperation with the UN University Institute on Comparative Regional Integration Studies. The deadline for both vacancies is 30 April 2017. More info can be found here.

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Blog by IG member: Kinshasa Flooding & the UN Development Goals: State & Corporate Responsibilities

by Tom Syring

(Originally posted on the webpage of the American Society of International Law)

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March 22, 2017 marks the 24th annual World Water Day [1] – an appropriate occasion to reflect upon the connection between environmental pollution, general health and living conditions, and forced migration in the broader context of the responsibility of states and businesses to improve the current global state of affairs. The recent inundations in Kinshasa, Democratic Republic of the Congo (DRC), exemplify the importance of this juncture.

Continue reading

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Publication by IG Member – Access to Socio-Economic Rights for Refugees: A Comparison Across Six African Countries

Sergio Carciotto and IG member Cristiano d’Orsi have published a report for the Scalabrini Institute For Human Mobility In Africa titled ‘Access to Socio-Economic Rights for Refugees: A Comparison Across Six African Countries’. The comparison covers the DRC, Ethiopia, Kenya, Nigeria, South-Africa and Sudan.

In 2015, according to the UNHCR, more than 65 million people across the globe had left their homes in search of protection from conflicts, wars and persecutions. At the end of the same year, on the African continent (Central and Great Lakes, East and Horn, Southern Africa, and Western Africa) the UNHCR counted a total of 4 431 500 refugees, 1 293 014 asylum-seekers and 10 762 882 internally displaced persons (IDPs). Furthermore, Ethiopia is the African country hosting the highest number of refugees (736 086), South Africa is the country with the highest number of asylum-seekers (1 096 063) and Sudan is the country with the highest number of IDPs (3 218 234).

Despite the fact that human mobility in Sub-Saharan Africa is driven more by economic factors than conflicts, the continent is home to millions of refugees and IDPs who are forced to flee their homes because of persecutions, social unrests and climate change. The current state of forced displacement in Africa presents a number of socio-economic and political challenges which need to be addressed in order to reverse this trend and reduce the number of people in need of international protection.

The report is available here.

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Call for papers: ‘Migration and International Law: Beyond the Emergency?’

The Italian Society of International Law and European Law issued a call for papers for its XXII Annual Conference to be held at the University of Trento (8-9 June 2017). The theme is ‘Migration and International Law: Beyond the Emergency?’. Aside from three plenary sessions, there are two rounds of parallel sessions which are open to participation through this call for papers. Submissions / contributions are particularly welcome around the following thematic areas: 1) main solutions, 2) role of international institutions and their agencies in managing migration, 3) responsibility of States and of international organisations, 4) conditions of migrants in the host country, 5) relationships of migrants with those remaining in countries of origin as well as with the host society. The deadline for abstracts is 15 April 2017. More details can be found here.

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