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Research Handbook on the Law and Politics of Migration

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Research Handbook on the Law and Politics of Migration

9781789902259 Edward Elgar Publishing
Edited by Catherine Dauvergne, Vice-President Academic and Provost, Simon Fraser University and formerly Dean and Professor of Law, University of British Columbia, Canada
Publication Date: April 2021 ISBN: 978 1 78990 225 9 Extent: 416 pp
As the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their growing relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the political global agenda. The Research Handbook demonstrates that the overlap between law and politics puts the rule of law at risk in matters of migration.

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Critical Acclaim
Contributors
Contents
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As the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the global political agenda.

The Research Handbook demonstrates that the overlap between law and politics puts the rule of law at risk in matters of migration as advocates around the globe increasingly turn to law to address the challenges of new migration politics. Presenting a fresh mapping of current issues in the field, it focusses on institutions of migration and analyses the securitization of migration management and the strengths and weaknesses of the Global Compact for Safe, Orderly and Regular Migration.

Written by leading scholars specialising in a range of disciplines, the Research Handbook on the Law and Politics of Migration will be an illuminating read for academics and students of migration studies with backgrounds in law, politics, criminology, sociology, history, geography and beyond.
Critical Acclaim
‘This Research Handbook is both timely and timeless – offering penetrating insight into contemporary developments in subjects as diverse as technology and migration, or the impact of the COVID-19 pandemic, while also offering fresh insights into persistent normative and conceptual debates in the field. It is bound to become a field-defining collection.’
– Audrey Macklin, University of Toronto, Canada

‘Dauvergne’s elegant volume is a tour de force of the inseparability of migration law and politics. The weaknesses of existing migration frameworks are exposed at a time when the human desire to move has never been so universally shared nor so comprehensively thwarted. From impenetrable webs of repulsion and management to medico-legal borders in the time of a pandemic, this Research Handbook pushes us to question what the migration frameworks of tomorrow need to look like and all of the legal, political and institutional challenges they will bring. Brava.’
– Sharon Pickering, Monash University, Australia

‘This Research Handbook is a must-have for anyone seeking to truly understand the relationship between law, politics, and migration. It represents a unique collaboration among an interdisciplinary, transnational collection of pre-eminent scholars who apply their expertise to the most significant migration questions of the modern world. Its contribution lies in illuminating how migration issues have moved from the borders of our society to the center of law and politics on a scale that is at once global, intensely local, and ultimately personal.’
– Juliet Stumpf, Lewis and Clark Law School, US

‘With breadth and depth, this superb volume offers new perspectives on migration theory and current policy debates. Starting from the premise that law both shapes and is shaped by politics, the chapters adopt interdisciplinary and critical approaches in addressing a remarkably wide range of topics, including asylum and refugee policy, border practices, the Global Compact on Migration, COVID-19 and temporary workers. Important attention is paid to methodological issues as well as the role of civil society organizations, the media and technology in influencing immigration policy.’
– T. Alexander Aleinikoff, The New School, US
Contributors
Contributors include: Y. Abu-Laban, E. Arbel, I. Bloemraad, J. Bond, M. Bosworth, E.A. Chung, K. Côté-Boucher, C. Dauvergne, A. Ellermann, M. Foster, D. Galloway, D. Ghezelbash, B. Goold, C. Grey, E. Guild, R. Hamlin, J. Hennebry, M. Joeck, S.S. Juss, A. Kaushal, S. Labman, L. Madokoro, S. Marsden, B. O'Heran, M. Paquet, N. Piper, J. Roberts, C. Robinson, T. Spijkerboer, E. Tucker, L. Vives, A. Vogl, L.F. Vosko, S.D. Watson, K. Williams, S. Zell















 

 




Contents
Contents:

1 Introduction to the Research Handbook on the Law and Politics of
Migration : law, politics, and the spaces between 1
Catherine Dauvergne

PART I FRAMING THE LAW AND POLITICS OF MIGRATION
2 The politics of migration law: interests, ideas, and institutions 8
Irene Bloemraad
3 Unsettling migration studies: indigeneity and immigration in settler
colonial states 21
Antje Ellermann and Ben O’Heran
4 Migration politics at the meso-level 35
Erin Aeran Chung
5 The problem of boundaries: the constitution and the meaning of citizenship 47
Asha Kaushal
6 The trilemma of Canadian migrant worker policy: facilitating employer
access while protecting the Canadian labour market and addressing
migrant worker exploitation 63
Sarah Marsden, Eric Tucker, and Leah F. Vosko

PART II INSTITUTIONS AND THEIR EVOLUTION
7 Immigration enforcement: why does it matter who is in charge? 83
Karine Côté-Boucher and Mireille Paquet
8 On public sanctuary: exploring the nature of refuge in precarious times 96
Laura Madokoro
9 The shift towards increased citizen-driven migration in Canada 110
Shauna Labman and Sarah Zell
10 Closing the gap: official statistics on the migration on unaccompanied
migrant children across the Mediterranean 125
Luna Vives and Kira Williams
11 Big tech and migration management 141
Rebecca Hamlin
12 The power of politics: exploring the true potential of community
sponsorship programmes 155
Jennifer Bond

PART III THE POLITICS OF COURTS
13 The geopolitics of knowledge production in international migration law 172
Thomas Spijkerboer
14 The West and the Muslim refugee: legitimacy, legality and loss 188
Satvinder S. Juss
15 Populism and the failure to acknowledge the human rights of migrants 202
Donald Galloway
16 Manufacturing foreigners: the law and politics of transforming citizens
into migrants 217
Michelle Foster and Jade Roberts

PART IV EXAMINING THE SHARP END OF STATE POWER
17 Immigration detention and the production of race in the UK 235
Mary Bosworth
18 Fast-track, accelerated, and expedited asylum procedures as a tool of exclusion 246
Daniel Ghezelbash
19 Immigration detention in the age of COVID-19 260
Efrat Arbel and Molly Joeck
20 Protection, crime, and punishment: regulation at the nexus of
crimmigration and refugee law 277
Anthea Vogl
21 Privacy rights at the Canadian border: judicial assumptions and the
limits of the Charter 291
Benjamin Goold

PART V THE CHALLENGE OF INTERNATIONAL GOVERNANCE
22 Re-defining the international refugee regime: UNHCR, UNRWA, and
the challenge of multigenerational protracted refugee situations 308
Yasmeen Abu-Laban
23 Knowledge controversies of global migration governance:
understanding the controversy surrounding the Global Compact 321
Scott D. Watson and Corey Robinson
24 The Global Compact for Migration as social theodicy 338
Colin Grey
25 Why the Sustainable Development Goals? Examining international
cooperation on migration 353
Elspeth Guild
26 Global migration governance and migrant rights advocacy: the
flexibilization of multi-stakeholder negotiations 367
Jenna Hennebry and Nicola Piper

Index

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