Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
The social question is back. Yet today's social question is not primarily between labour and capital, as it was in the nineteenth century and throughout much of the twentieth. The contemporary social question is located at the interstices between the global South and the global North. It finds its expression in movements of people, seeking a better life or fleeing unsustainable social, political, economic, and ecological conditions. It is transnationalized not only because migrants and their significant others entertain ties across the borders of national states, staying in touch with family and friends, receiving or sending financial remittances in transnational social spaces. Also of importance are cross--border recruitment schemes for workers and the cross-border diffusion of norms appealed to in the case of migration--for example, the social right to decent work as a human right. Moreover, migration can become an issue of inclusion or exclusion in fields important to life chances in the emigration, transit, or immigration states--a transnationalization of national states. And, as in the nineteenth century, political conflicts arise, constituting the social question as a public concern. In earlier periods class differences dominated conflicts. While class has always been criss-crossed by manifold heterogeneities, not least of all cultural ones around ethnicity, religion, and language, it is these latter heterogeneities that have sharpened in situations of immigration and emigration over the past decades. Casting a wide net in terms of conceptual and empirical scope, this book tackles both the social structure and the politics of social inequalities. It sets a comprehensive agenda for research which also includes the public role of social scientists in dealing with the transnationalized social question.
The issues that increasingly dominate the 21st century cannot be solved by any single country acting alone, no matter how powerful. To manage the global economy, prevent runaway environmental destruction, reign in nuclear proliferation, or confront other global challenges, we must cooperate. But at the same time, our tools for global policymaking - chiefly state-to-state negotiations over treaties and international institutions - have broken down. The result is gridlock, which manifests across areas via a number of common mechanisms. The rise of new powers representing a more diverse array of interests makes agreement more difficult. The problems themselves have also grown harder as global policy issues penetrate ever more deeply into core domestic concerns. Existing institutions, created for a different world, also lock-in pathological decision-making procedures and render the field ever more complex. All of these processes - in part a function of previous, successful efforts at cooperation - have led global cooperation to fail us even as we need it most. Ranging over the main areas of global concern, from security to the global economy and the environment, this book examines these mechanisms of gridlock and pathways beyond them. It is written in a highly accessible way, making it relevant not only to students of politics and international relations but also to a wider general readership.
Africa is commonly regarded as a "continent on the move" in scholarly observation and mass media reportage. Movement is seen primarily in the direction of Europe. Yet the public debate is characterized by two misconceptions. The first is that high population growth in Africa would almost automatically trigger higher international migration to the neighbouring European continent. There is even talk of a "rush to Europe". The second frequently encountered misconception is that migration and flight in and from Africa is primarily a result of poverty, violent conflicts and environmental degradation. Both are misconceptions that cannot be reconciled with the facts at hand.
Denmark is the oldest monarchy in Europe. At different points in its history, Denmark's boundaries have encompassed England, Sweden, West Africa, India, and the West Indies. Despite its changing and relatively small boundaries, Denmark has played a much larger part in the politics of Europe than might be expected. Additionally, through its territories (Faroe Islands and Greenland), Denmark has managed to retain an important presence in the North Atlantic. Today, democratic Denmark, with its thriving capital Copenhagen, is peaceful, prosperous, and progressive. Within NATO, Denmark has contributed to peace-keeping in the Persian Gulf and Bosnia. The "Danish Model" of welfare gives Danes a real sense of social security and presents many naysayers with a provocative example of a successfully managed welfare state. Danes have a reputation for inventiveness and good design, whether in architecture, furniture, or industrial design. The A to Z of Denmark relates the history of this successful country through a chronology, an introductory essay, appendixes, a bibliography, and hundreds of cross-referenced dictionary entries on kings, politicians, officials, explorers, authors, architects, composers, painters, astronomers, educationists, reformers, political parties, social movements, and other aspects of Danish society.
This book investigates and analyses how administrative law works in practice through a detailed case-study and evaluation of one of the UK's largest and most important administrative agencies, the immigration department. In doing so, the book broadens the conversation of administrative law beyond the courts to include how administrative agencies themselves make, apply, and enforce the law. Blending theoretical and empirical administrative-legal analysis, the book demonstrates why we need to pay closer attention to what government agencies actually do, how they do it, how they are organised, and held to account. Taking a contextual approach, the book provides a detailed analysis of how the immigration department performs its core functions of making policy and law, taking mass casework decisions, and enforcing immigration law. The book considers major recent episodes of immigration administration including the development of the hostile environment policy and the treatment of the Windrush generation. By examining a diverse range of material, the book presents a model of administrative law based upon the organisational competence and capacity of administration and its institutional design. Alongside diagnosing the immigration department's failings, the book advances positive proposals for its reform.
Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
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