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Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…

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Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Book part
Publication date: 27 September 2021

Aleksandra Wegera

Carrier sanctions oblige commercial entities to check the validity of passengers’ documents and deny boarding where no valid documents are shown, or where fraud is suspected. The…

Abstract

Carrier sanctions oblige commercial entities to check the validity of passengers’ documents and deny boarding where no valid documents are shown, or where fraud is suspected. The necessity to flee to safer countries at a time of particular political unrest has necessitated the use of fraudulent documents, which the sanction regime and subsequent case law have attempted to curtail. However, increased investigation into legitimacy of travel documents has induced the taking of dangerous routes to reach Britain. In particular, danger is posed by oncoming traffic, and where entry is attempted clandestinely, within lorries. Men, accounting for the majority of irregular entrants, are more likely to experience danger. Due to the very nature of their precarious position, potential asylum seekers may not hold travel documents, which induce the taking of dangerous routes to make asylum applications once in Britain. This chapter will attempts to link carrier sanctions, danger, and humanitarian obligations.

Details

Privatisation of Migration Control: Power without Accountability?
Type: Book
ISBN: 978-1-80117-663-7

Keywords

Article
Publication date: 15 June 2020

Rachita Gulati

This study aims to demystify how the critical regulations affecting the bank competition have instituted, amended and fine-tuned over the years in India and its peers in Brazil…

Abstract

Purpose

This study aims to demystify how the critical regulations affecting the bank competition have instituted, amended and fine-tuned over the years in India and its peers in Brazil, Russia, India, China and South Africa (BRICS). The gaps in the regulatory practices influencing bank contestability and competition in BRICS nations are identified. Also, the regulatory convergence is tested by comparing the policies embraced in India vis-à-vis its peer nations.

Design/methodology/approach

A methodological framework by Barth, Caprio and Levine (2013) is adopted to construct various regulatory indices. The empirical analysis is based on information available in five rounds of the bank regulation and supervision survey conducted in 2000, 2003, 2007, 2011 and 2017 by the World Bank.

Findings

The empirical findings elucidate that although bank entry regulations have been liberalized over time, the bank contestability seems to be low in the BRICS countries, especially in India. This might be due to the substantial government ownership and the presence of notional powers that are conferred to bank supervisors. On comparing the bank regulations in India vis-à-vis its peers, the author find a strong convergence in licensing requirements for entry into the banking business, foreign bank entry mode, restrictions on conglomerate formation and adoption of prompt corrective action framework.

Practical implications

The study suggests that future policy initiatives in India need to focus on redesigning the banking structure by reducing the share of state ownership, permitting joint ventures and liberally allowing the entry of new domestic and foreign banks in the industry. In the years to come, regulators in India will continuously face the challenge of fostering bank contestability without jeopardizing bank efficiency and overall stability.

Originality/value

This study is perhaps first of its kind, which analyzes the inter-temporal changes in regulatory indicators to examine the variations in the competitive environment of the banking markets of BRICS economies in general and India in particular.

Details

Journal of Financial Regulation and Compliance, vol. 29 no. 1
Type: Research Article
ISSN: 1358-1988

Keywords

Book part
Publication date: 11 June 2009

Stephanie J. Nawyn, Anna Reosti and Linda Gjokaj

Purpose – The burgeoning literature on gender and immigration has largely abandoned atavistic conceptualizations of gender. Instead, migration scholars have integrated an…

Abstract

Purpose – The burgeoning literature on gender and immigration has largely abandoned atavistic conceptualizations of gender. Instead, migration scholars have integrated an understanding of gender that is relational, contextual, and mutually constitutive with migration. Most of this research has focused on the ways in which migration shapes gender relations, with much less focus on the ways in which gender relations contribute to migration flows. Additionally, the integration of gender analysis in migration studies has contributed significantly to our understanding of migration but has not informed gender theory to nearly the same extent. In this chapter, we synthesize the extant literature on gender and migration, as it relates to the dynamics that precipitate migration.

Methodology/approach – We conducted a review and synthesis of the extant literature that examines the relationship between gender and the decisions and opportunities to migrate.

Findings – Through this synthesis, we identified four gendered institutions that precipitate migration: (1) global labor markets, (2) family and care work, (3) social networks, and (4) violence.

Practical implications – We contribute to the development of gender theory by examining the structural dimensions of gender, thus illuminating the connections between gender relations operating at macro and micro levels.

Originality/value of paper – Although other scholars have reviewed the literature on gender and migration, previous reviews (and most empirical studies) have focused on how migration has shaped gender relations. No reviews to date have focused on how gender relations shape migration. Additionally, most scholars fail to recognize the relationship of gendered violence to other precipitates of migration.

Details

Perceiving Gender Locally, Globally, and Intersectionally
Type: Book
ISBN: 978-1-84855-753-6

Article
Publication date: 5 October 2015

Anton Moiseienko

This paper aims to provide an overview of the “no safe haven” anti-corruption commitment recently announced by the G20. The essence of this approach lies in denying entry to…

Abstract

Purpose

This paper aims to provide an overview of the “no safe haven” anti-corruption commitment recently announced by the G20. The essence of this approach lies in denying entry to individuals reasonably believed to be complicit in massive corruption.

Design/methodology/approach

The paper is based on the analysis of international legal instruments and relevant domestic legislation (US statutes, in particular the Magnitsky Act 2012), as well as on scholarly discussions.

Findings

Proceeding from the analysis of deficiencies in the current anti-money laundering regime, this paper makes an argument in favour of adoption of the “no safe haven” policy as a legal standard in anti-corruption cooperation, rather than a voluntary initiative.

Practical implications

The adoption by states of the approach advocated in this paper will strengthen, or so it is submitted, the international anti-corruption regime. Importantly, it will help curb impunity of those who are shielded from investigation and prosecution in their home countries.

Originality/value

This paper considers basic legal and policy arguments that support the “no safe haven” anti-corruption policy. Due to the novelty of this approach and the dearth of academic literature on this topic, this may be a valuable contribution to the current anti-corruption discussions.

Details

Journal of Money Laundering Control, vol. 18 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 23 November 2023

Louise Cainkar

Presidential candidate Donald Trump ran for office promising a ‘total and complete shutdown’ of Muslims entering the United States. This essay, based on policy research, data…

Abstract

Presidential candidate Donald Trump ran for office promising a ‘total and complete shutdown’ of Muslims entering the United States. This essay, based on policy research, data analysis and interviews, provides extensive details of what became of that promise from legal, social and humanistic perspectives. Issued during his first week in office as US President, the ‘Muslim Ban’ Executive Order immediately produced chaos at airports globally, as US visas and ‘green cards’ suddenly became invalid for entry to the United States for persons travelling on the passports of seven Muslim majority countries. Over time, the Trump administration amended the Muslim Ban through new executive orders and proclamations that removed unlawful components, changed the countries affected, or altered the policy's justification. Although all these iterations faced legal challenges, a majority of the US Supreme Court ultimately acquiesced to President Trump and ruled in favour of the ban's legality. Throughout this period, the US immigration process rattled on like a machine, encouraging would-be (but banned) migrants to continue pursuing their paperwork and paying their fees, even though entry visas would prove unavailable. Waivers for family reunification were overwhelmingly denied at the consular level, and tens of thousands of otherwise eligible migrants lost substantial amounts of money in pursuit of the elusive visa. Protests erupted at US airports when the ban was initially implemented, revealing a political solidarity with Muslims rarely seen before. These events ended when enforcement of the ban was moved to remote locations, to US consulates abroad.

Details

Migrations and Diasporas
Type: Book
ISBN: 978-1-83797-147-3

Keywords

Article
Publication date: 18 June 2018

Solomon Pelumi Akinbogun

The purpose of this paper is to examine the impact of a compulsory pass in physics on undergraduate admission into estate management programme and the requisite skill for practice.

Abstract

Purpose

The purpose of this paper is to examine the impact of a compulsory pass in physics on undergraduate admission into estate management programme and the requisite skill for practice.

Design/methodology/approach

Data were collected from students in selected Polytechnics and a University in South-western Nigeria. Descriptive statistics was used to analyse the data. Also, One-Way Analysis of Variance (ANOVA) was applied to test the difference between the means of the independent variables and application for admission. The mean plot was used to analyse the different groups of students seeking direct entry admission into the university.

Findings

Analysis shows that 18 per cent of the students seeking admission through direct entry would be denied because they have no credit score or a pass in physics in their Ordinary Level (“O” level) result. Remarkably, high school physics is a compulsory requirement for admission. Findings show that the subject is unacceptable in the Unified Tertiary Matriculation Examination (UTME). An annual average of 10 prospective students who wrote physics in the UTME, but with a pass in it in the Senior Secondary School (“O” level) examination were denied admission at the point of registration. Findings from the hypothesis test show that there is no significant relationship between the rate of application for university admission into Real Estate programmes and students who took physics and had at least a pass in it. Also, the mean plot shows that more Art students would apply for admission compared with science and commercial students. Finally, analysis shows that 83.3 per cent of the students who have gone for Industrial Work Experience Scheme were of the opinion that physics has no role to play in their acquisition of the requisite job skills in Real Estate.

Research limitations/implications

This study may be limited by the sample size of the universities selected for data collection. The impact of the requirement of a compulsory pass in physics for admission into real estate programme in other universities with a similar requirement is not covered.

Practical implications

The findings implied that a compulsory pass in physics constitutes a clog in the wheel of admission of prospective estate management students. This may affect career progression and the number of the Estate Surveyors and Valuers that are expected to render professional service to real estate investors in Nigeria.

Originality/value

This is the first attempt to examine the impact of variation in admission requirement into the real estate undergraduate programme in Nigeria. The novelty is in the analysis of a compulsory requirement of pass in physics for admission and the requisite skill for real estate practice in Nigeria.

Details

Property Management, vol. 36 no. 3
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 1 January 1991

Patricia Daenzer

This paper explores the labour‐market status and experience of racial minorities in Canada, and examines and criticises labour‐market policy which ignores the employment and…

1011

Abstract

This paper explores the labour‐market status and experience of racial minorities in Canada, and examines and criticises labour‐market policy which ignores the employment and socio‐economic disadvantage of this group. The main argument of this discussion is that racial minorities as a whole encounter racial discrimination in the Canadian labour market, and new racial minority immigrants face compounded obstacles. This is due to the lack of adequate policy initiatives to combat the racism they experience in the attempt to find suitable employment, and to labour‐market policies which exclude services to immigrants. Examples of such obstacles are evident in the Canadian Job Strategy to be discussed below.

Details

International Journal of Sociology and Social Policy, vol. 11 no. 1/2/3
Type: Research Article
ISSN: 0144-333X

Book part
Publication date: 28 January 2022

Michael Cohen

Prejudice against Jews was part of the landscape in the Union of South Africa long before Nazism made inroads into the country during the 1930s, at which stage Jews constituted…

Abstract

Prejudice against Jews was part of the landscape in the Union of South Africa long before Nazism made inroads into the country during the 1930s, at which stage Jews constituted approximately 4.6% of the country’s white (or European) population. Aggressive Afrikaner nationalism was marked by fervent attempts to proscribe Jewish immigration. By 1939, Jewish immigration was included as an official plank in the political platform of the opposition Purified National Party led by Dr D.F. Malan, along with a ban on party membership for Jews residents in the Transvaal province. Racial discrimination, in a country with diversified ethnic elements and intense political complexities, was synonymous with life in the Union long before the Apartheid system, with its official policy of enforced legal, political and economic segregation, became law in May 1948 under Dr Malan’s prime ministership. Although the Jews, while maintaining their own subcultural identity, were classified within South Africa’s racial hierarchy as part of the privileged white minority, the emergence of recurrent anti-Jewish stereotypes and themes became manifest in a country permeated by the ideology of race and white superiority. This was exacerbated by the growth of a powerful Afrikaner nationalist movement, underpinned by conservative Calvinist theology. This chapter focusses on measures taken in South Africa by organisational structures within the political sphere to restrict Jewish immigration between 1930 and 1939 and to do so on ethnic grounds. These measures were underscored by radical Afrikaner nationalism, which flew in the face of the principles of ethics and moral judgement.

Details

Transcendent Development: The Ethics of Universal Dignity
Type: Book
ISBN: 978-1-80262-260-7

Keywords

Book part
Publication date: 10 July 2014

Klaus Beiter

Scholarly excellence in higher education depends in part on the ability of members of the academic community to be able to travel abroad, to return home and to move freely within…

Abstract

Scholarly excellence in higher education depends in part on the ability of members of the academic community to be able to travel abroad, to return home and to move freely within a state for the purposes of study, teaching and research. Articles 12 and 13 of the International Covenant on Civil and Political Rights of 1966 protect the right to freedom of movement and the right of aliens not to be arbitrarily expelled from a state, respectively. Any person may rely on these provisions to claim various stated entitlements related to freedom of movement. International human rights law does not, however, offer (clear) protection where an alien wishes to enter a state. It appears, however, that Article 26 of the International Covenant on Civil and Political Rights, prohibiting discrimination on the ground of, amongst other things, ‘political or other opinion’, may be relied on to prevent states from restricting the entry of scholars solely on the basis of the academic opinions they hold or views they have expressed. The right to freedom of movement of scholars – conceived as a right to academic mobility – forms a part of the right to academic freedom. International human rights law does not accord express protection to this right. Whereas the right to freedom of opinion and expression in Article 19 of the International Covenant on Civil and Political Rights may be relied on to protect a multitude of facets covered by the right to academic freedom, Article 13 of the International Covenant on Economic, Social and Cultural Rights of 1966 on the right to education may, in fact, be seen to constitute a complete locus for the right to academic freedom.

Details

Academic Mobility
Type: Book
ISBN: 978-1-78350-853-2

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