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PIL.OT / RESEARCH ARCHIVE

PIL.OT Archive

Research private international law developments by year, topic, legal field and author.

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293 results

Page 7 of 13
migration and asylum×Clear all
migration · return · detention
Academic publicationMigration and foreign nationals lawTürkiye

Gülce Gümüşlü Tunçağil’s article defines the concept of a foreign undocumented worker within Turkish aliens law

Gülce Gümüşlü Tunçağil’s article defines the concept of a foreign undocumented worker within Turkish aliens law. The study addresses foreigners who work without a work permit or in jobs they are not legally allowed to perform, and discusses the sanctions applicable to that situation.

Gülce Gümüşlü Tunçağıl18 August 2021Turkish
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawGlobal

The 1951 Refugee Convention and Non-Signatory States: Charting a Research Agenda

Maja Janmyr authored the academic publication “The 1951 Refugee Convention and Non-Signatory States: Charting a Research Agenda” in International Journal of Refugee Law, published on 2021-06-01. The publication forms part of the private-international-law literature concerning Global.

Maja Janmyr01 June 2021English
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migration · return · detention
Academic publicationMigration and foreign nationals lawEuropean Union

Legislating without Evidence: The Recast of the EU Return Directive

The article examines the recast of the EU Return Directive (2008/115/EC) through the objectives of effectiveness and fundamental-rights protection.

Izabella Majcher · Tineke Strik31 May 2021English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

Proposals to Fill Normative Gaps in Temporary Protection and Refugee Burden-Sharing

Ümmühan Elçin Ertuğrul’s article offers proposals to fill normative gaps regarding temporary protection and refugee burden-sharing.

Ümmühan Elçin Ertuğrul16 May 2021Turkish
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migration · border · mobility
Academic publicationMigration and foreign nationals lawGlobal / Refugee law

Disproportionate Surveillance: Technology-Assisted and Automated Decisions in Asylum Applications in the EU?

Lina Jasmontaite-Zaniewicz and Júlia Zomignani Barboza examine the use of technology-assisted and automated decisions in EU asylum applications against the backdrop of the growing overlap between migration policy, border control, security and counter-terrorism.

Lina Jasmontaite-Zaniewicz · Júlia Zomignani Barboza01 March 2021English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawGlobal / Refugee law

Legal Considerations Regarding Claims for International Protection Made in the context of the Adverse Effects of Climate Change and Disasters

This UNHCR article addresses the legal considerations surrounding claims for international protection made in the context of the adverse effects of climate change and disasters. It was published in the International Journal of Refugee Law and identified by DOI 10.1093/ijrl/eeab026.

UNHCR01 March 2021English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawGlobal / Refugee law

The Arc of Protection: Reforming the International Refugee Regime

Rodolfo Ribeiro Coutinho Marques’s article, “The Arc of Protection: Reforming the International Refugee Regime,” was published in the International Journal of Refugee Law.

Rodolfo Ribeiro Coutinho Marques01 March 2021English
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pil · methodology
Academic publicationMigration and foreign nationals lawTürkiye

Approaching 10 Years: Towards the End of Temporary Protection and Durable Solutions

This article addresses the temporary protection regime in Turkish foreigners law, which has been applied without a time limit since 28 April 2011 on the premise that the people arriving at the border were temporary and would return, and which is described here as nearing its tenth year.

Gökçe Arıkan01 March 2021Turkish
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pil · methodology
Academic publicationMigration and foreign nationals lawTürkiye

Evaluating Turkish Migration Law Through TWAIL: How Bigger Is the World Than Five?

This 2021 article by Atahan Demirkol and Şahin Eray Kirdim evaluates Turkish migration law through the lens of Third World Approaches to International Law (TWAIL) and asks whether the Third Worldist discourse adopted in Turkey’s foreign policy has any reflection in its national migration law.

Atahan Demirkol, Şahin Eray Kırdım01 January 2021Turkish
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pil · methodology
Academic publicationMigration and foreign nationals lawTürkiye

Some Evaluations on the Constitutional Court’s Sherapat Yagmyrova Decision*

This peer-reviewed journal article by Esra Dardoğan Kibar, Doğa Elçin, and Ogün Aydinli was published in Public and Private International Law Bulletin.

Esra Dardoğan Kibar · Doğa Elçin · Ogün Aydınlı18 December 2020Turkish
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawNorway

Who Is a Refugee? Uncertainty and Discretion in Asylum Decisions

Tone Maia Liodden’s article in the International Journal of Refugee Law examines how uncertainty in refugee status assessment creates room for discretion in the Norwegian asylum system.

Tone Maia Liodden01 December 2020English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawIndia

The Invisible Crisis: Refugees and COVID-19 in India

It was published in the International Journal of Refugee Law, with a recorded publication date of 1 December 2020, and is associated with DOI 10.1093/ijrl/eeab011.

Roshni Shanker · Prabhat Raghavan01 December 2020English
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migration · return · detention
Academic publicationMigration and foreign nationals lawTürkiye

Alternatives to Immigration Detention in Comparative Law and International Law

The article examines alternatives to immigration detention in international and comparative law, focusing on how such measures can be understood as restrictions on migrants’ fundamental rights and freedoms that are less severe than administrative detention.

Meltem İneli Ciğer01 December 2020Turkish
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migration · return · detention
Academic publicationMigration and foreign nationals lawEurope / Migration law

Iker Barbero’s article in the European Journal of Migration and Law examines France’s reintroduction of internal…

Iker Barbero’s article in the European Journal of Migration and Law examines France’s reintroduction of internal border controls and the rights of migrants in transit.

Iker Barbero07 October 2020French
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawSouth America

South America’s Response to the Venezuelan Exodus: A Spirit of Regional Cooperation?

Javier Ochoa’s article examines South American States’ response to the Venezuelan exodus.

Javier Ochoa01 October 2020English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

Climate Change and Refugee Law: The Teitiota Complaint

Sibel Safi examines the position in refugee law of people displaced by climate change and environmental degradation.

Sibel Safi07 September 2020Turkish
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawUnited States, Australia

Hyper-Legalism and Obfuscation: How States Evade Their International Obligations Towards Refugees

Daniel Ghezelbash’s article considers how wealthy democratic states evade their international obligations towards refugees and sets out two principal methods: hyper-legalism, an overly formalistic and bad-faith way of interpreting international law, and obfuscation, which works through secrecy…

Daniel Ghezelbash01 September 2020English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

Evaluation of the Legal Regulations Regarding the Residence of Foreigners Who Are Victims of Human Trafficking as One of the Problems Caused by Forced- Irregular Migration

Fatma Çelik’s article in the Public and Private International Law Bulletin addresses the legal rules governing the residence of foreign victims of human trafficking in Turkey in the context of forced and irregular migration.

Fatma Çelik26 August 2020Turkish
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pil · methodology
Academic publicationMigration and foreign nationals lawChina

Economic Development through Migration: Facilitating Skilled Migration to China through the Belt and Road Initiative

Eva L. Richter’s article addresses the legal and cooperative mechanisms that facilitate skilled migration to China under the Belt and Road Initiative.

Eva L Richter25 August 2020English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

This article by Ekin Deniz Uzun examines the relationship between the refugee-crisis discourse and inattentive or…

This article by Ekin Deniz Uzun examines the relationship between the refugee-crisis discourse and inattentive or abusive state policies toward refugees.

Ekin Deniz Uzun29 June 2020English
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ip · data · digital
Academic publicationMigration and foreign nationals lawEuropean Union

Consultation of EU Immigration Databases for Law Enforcement Purposes: A Privacy and Data Protection Assessment

In her article in the European Journal of Migration and Law, Niovi Vavoula assesses law-enforcement access to EU-wide information systems, including VIS, Eurodac, EES and ETIAS, which process the personal data of third-country nationals.

Niovi Vavoula19 June 2020English
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pil · methodology
Academic publicationMigration and foreign nationals lawEuropean Union / Schengen Area

Schengen: Quo Vadis?

The article critically reviews the crisis affecting the Schengen area and three scenarios discussed in the EU policy sphere.

Marie de Somer19 June 2020English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawGlobal

The Legal Abyss of Discretion in the Resettlement of Refugees

Tom de Boer and Marjoleine Zieck’s article in the International Journal of Refugee Law examines how discretion operates in the resettlement of refugees and whether that leaves a legal void and room for arbitrariness.

Tom de Boer; Marjoleine Zieck01 March 2020English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawEurope / Migration law

The “Internal” Dimension of the Safe Country Concept: The Interpretation of the Safe Third Country Concept in the Dublin System by International and Internal Courts

Sílvia Morgades-Gil’s article examines how international, European and domestic courts and other institutions interpret the safe third country concept within the Dublin system.

Sílvia Morgades-Gil26 February 2020English
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