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Chapter

Cover The Oxford Handbook of Criminology

37. Border criminology and the changing nature of penal power  

Mary Bosworth

This chapter describes the field of ‘border criminology’, which examines the growing convergence between criminal justice and immigration control. It starts with an overview of the global immigration and asylum context before outlining key ideas and areas of scholarship within border criminology. It then turns to look more closely at penal power, drawing on fieldwork and policy analysis to explore the methodological and epistemological implications for criminology of examining citizenship and migration. It ends by arguing for greater engagement with the challenges and effects of mass mobility. As the impact of a decision to arrest in any street in Britain may be felt in countries far away, it is time for criminologists to take into account more explicitly the global nature of criminal justice and reflect on its implications for how and what we study.

Chapter

Cover European Union Law

13. Free movement of natural persons and citizenship of the Union  

Catherine Barnard

This chapter discusses EU law on the free movement of persons. It shows how the EU judiciary and legislature have responded to some of the challenges raised by EU migration. It highlights the following themes: the erosion of the requirement of an interstate element; how little it takes to establish an obstacle to free movement and thus a breach by the state of EU law; the need for the state to establish a justification in order to preserve state interests, but notes that what the state can do to protect that interest is curtailed by the principles of human rights and proportionality. It shows that the Court views cases on the free movement of natural persons through a citizenship lens and thus is more willing to embrace a human rights dimension than it would be in cases on free movement of legal persons.

Chapter

Cover European Union Law

13. Free movement of natural persons and citizenship of the Union  

Catherine Barnard

This chapter discusses EU law on the free movement of persons. It shows how the EU judiciary and legislature have responded to some of the challenges raised by EU migration. It highlights the following themes: the erosion of the requirement of an interstate element; how little it takes to establish an obstacle to free movement and thus a breach by the state of EU law; the need for the state to establish a justification in order to preserve state interests, but notes that what the state can do to protect that interest is severely curtailed by the principles of human rights and proportionality. It shows that the Court views cases on the free movement of natural persons through a citizenship lens and thus is more willing to embrace a human rights dimension than it would be in cases on free movement of legal persons.

Chapter

Cover The Oxford Handbook of Criminology

16. Border criminology and the changing nature of penal power  

Mary Bosworth

This chapter describes the new field of ‘border criminology’, which examines the growing convergence between criminal justice and immigration control. It starts with an overview of the global immigration context before outlining key ideas and areas of scholarship within border criminology. It then turns to look more closely at penal power, drawing on fieldwork and policy analysis to explore the methodological and epistemological implications for criminology of examining citizenship and migration. It ends by arguing for greater engagement with the challenges and effects of mass mobility. As the impact of a decision to arrest in any street in Britain may be felt in countries far away, it is time for criminologists to take into account more explicitly the global nature of criminal justice and reflect on its implications for how and what we study.

Chapter

Cover European Union Law

25. Immigration and asylum  

Steve Peers

This chapter explores EU law on immigration and asylum. It first describes the basic legal framework for the adoption of EU rules on immigration and asylum, as amended by the Treaty of Lisbon. It then discusses the rules for visas and border control, irregular migration, legal migration, and asylum. The main themes of the chapter are the gradual move towards greater EU involvement in this field of law—including the increasing role of the CJEU—and an ongoing tension between concerns about security and control of migration on the one hand, and the protection of migrants’ rights on the other.

Chapter

Cover European Union Law

25. Immigration and asylum  

Steve Peers

This chapter explores EU law on immigration and asylum. It first describes the basic legal framework for the adoption of EU rules on immigration and asylum. It then discusses the rules for visas and border control; irregular migration; legal migration; and asylum legislation.

Chapter

Cover International Law

26. International Refugee and Migration Law  

Geoff Gilbert and Anna Magdalena Rüsch

This chapter explores the definition of refugee status in international law, its scope and limitations and consequent protection gaps for those forcibly displaced, including internally displaced persons (IDPs), who have crossed no international border. There is no equivalent definition for migrants, but like refugees, asylum-seekers, and IDPs, international human rights law provides a framework for their protection. The chapter explains the difference between refugee status and asylum, focusing on non-refoulement in international law. It discusses the rights that are guaranteed during displacement, particularly those pertaining to detention and humanitarian relief. Given that refugee status is intended to be temporary, the final section looks at cessation and durable solutions, either following voluntary return, through local integration, or resettlement in some third State.

Chapter

Cover Immigration & Asylum Law

8. Family life  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter focuses on non-European Economic Area (EEA) nationals who wish to live permanently with family members who are settled in or are nationals of the UK. The first part of the chapter covers human rights, particularly Article 8 and its impact on family life. The second part of the chapter considers the immigration rules. The family members of those coming to work or study and of refugees are also briefly considered. It examines marriage-related applications, that is, applications to join a spouse, fiancé(e), civil, or long-term partner. It considers the rules relating to adult family members and children, the family life of those with limited leave, and refugees and asylum seekers.

Chapter

Cover Immigration & Asylum Law

2. Policy, politics, and the media  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter introduces some of the policy issues which shape immigration law. It discusses migration policy in a global context; the institutional basis of immigration control; electronic borders; current drivers of UK policy, including security and economic migration; control within the borders, including the hostile environment policy; treatment of asylum seekers; the refugee crisis; and the role of the media. The chapter touches on the scrutiny of immigration functions by the Parliamentary Home Affairs Select Committee and the Independent Chief Inspector of Borders and Immigration. There is a short discussion of the ambivalence of UK immigration policy towards economic migration.

Chapter

Cover Steiner & Woods EU Law

19. Citizenship: rights of free movement and residence  

This chapter examines the European Union (EU) law concerning citizenship and the right of residence and free movement. It suggests that while citizenship provides a broad framework of rights, it is important to recognise the higher level of protection awarded to the economically active under Articles 45 (workers), 49 (establishment) and 56 (services) of the Treaty on the Functioning of the European Union (TFEU). The chapter also considers the link between migration and the rights claimed, and highlights the underlying concerns about the abuse of Union law rights. The chapter highlights the latest contribution of the CJ in relation to the interpretation of the Citizens’ Rights Directive (Directive 2004/38/EC). It also considers the position of third-country nationals (who are family members or dependents of an EU national) and students.

Book

Cover International Law

Edited by Malcolm Evans

International Law is a collection of diverse writings from leading scholars in the field that brings together a broad range of perspectives on all the key issues in international law. Featuring chapters written by those actively involved in teaching and practice, this fifth edition explains the principles of international law, and exposes the debates and challenges that underlie it. The book contains seven parts. Part I provides the history and theory of international law. Part II looks at the structure of the international law obligation. Part III covers the subjects of the international legal order. Part IV looks at the scope of sovereignty. Part V looks at responsibility. Part VI considers how to respond to breaches in international obligations. Finally, Part VII looks at the various applications of international law and explains issues relating to the law of the sea, environmental law, investment law, criminal law, human rights law, migration law, and the law of armed conflict.