The Ashgate Research Companion to Migration Law, Theory and Policy

Satvinder S. Juss Ph.D (Cantab) FRSA, teaches international refugee law and human rights law at King's College London, UK, where he is also the Director for the Centre for Transnational Law, and a former Human Rights Fellow of Harvard Law School. He is a Barrister-at-Law of Gray's Inn, who has appeared in human rights cases in the Supreme Court, the House of Lords, and the Privy Council. He has acted as an expert on human rights issues for various think-tanks such as Encounter, Rowntrees Trust, the Royal Society of Arts, the International Organisation for Migration, and lately the Centre for Social Justice, where he is currently engaged in a landmark inquiry into human trafficking and slavery. Professor Juss was the British Expert at the 2nd Conference of Ministers of Justice on the EU Rule of Law Initiative for Central Asia in Tajikistan in 2010, and seeks to combine the roles of teacher, practitioner, and activist in policy-oriented work.

Contents: Foreword, Volker Turk; Preface; Part I The Refugee in Europe’s Free Movement Regime: The ’new Europe’ and the ’European refugee’: the subversion of the European Union’s refugee law by its migration policy, Nadine El-Enany; The modern refugee in the post-modern Europe, Patricia Tuitt; EU migration and the new EU treaty framework, Elspeth Guild; Are European states accountable for border deaths?, Thomas Spijkerboer. Part II Safeguarding the Safety and Security of Refugees: Jonah and Socrates as refugees: repentance, redemption and responsibility, Howard Adelman; Strengthening international refugee rights through the enhanced supervision of the 1951 Convention and its 1967 Protocol, James C. Simeon; Non-refoulement obligations in the public international law: towards a new protection status?, Francesco Messineo; Country information and evidence assessment in New Zealand, Rodger Haines. Part III The Responsibility to Protect Displaced Populations: The shifting boundaries and content of protection: the internal protection alternative revisited, Penelope Mathew; Territorial protection: cessation of refugee status and internal flight alternative compared, Maria O’Sullivan; Sharing responsibility for asylum seekers and refugees in the Asia Pacific region, Savitri Taylor; Disowned in their own land: the courts and protection of the internally displaced person, Geoffrey Care. Part IV Emerging Paradigms of Legal Protection: Human trafficking, asylum and the problem of protection, Satvinder S. Juss; Child migration and the lacunae in international protection, Jacqueline Bhabha; Unaccompanied children and their protection under international refugee law, Ilias Bantekas; Forced displacement, the law of international armed conflict and state authority, David James Cantor. Part V Encampment, Detention and the Coercive Treatment of Asylum-Seekers: Asylum seekers, detention and the law: morality in abeyance?, Dallal Stevens; Regulation 5.35: coerced treatment