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The Case of Information Systems
In this book, Niovi Vavoula examines the privacy challenges raised by the establishment, operation and reconfiguration of EU-wide information systems that store personal data, including biometrics, of different categories of third-country nationals that may be used for various immigration related and law enforcement purposes. The monograph analyses both the currently operational databases – Schengen Information System (SIS), Visa Information System (VIS) and Eurodac – and forthcoming systems – Entry/Exit System (EES), European Travel Information and Authorisation Systems (ETIAS) and European Criminal Record Information System for Third-Country Nationals (ECRIS-TCN) – as well as their future interoperability. To assess the compatibility of legal instruments governing information systems and their interoperability with the right to respect for private life, the author calls for the centrality of privacy as the appropriate lens through which instruments involving the processing of personal data should be viewed and offers a typology of privacy standards based on relevant case law by the Strasbourg and Luxemburg Courts.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
The Case of Information Systems
In this book, Niovi Vavoula examines the privacy challenges raised by the establishment, operation and reconfiguration of EU-wide information systems that store personal data, including biometrics, of different categories of third-country nationals that may be used for various immigration related and law enforcement purposes. The monograph analyses both the currently operational databases – Schengen Information System (SIS), Visa Information System (VIS) and Eurodac – and forthcoming systems – Entry/Exit System (EES), European Travel Information and Authorisation Systems (ETIAS) and European Criminal Record Information System for Third-Country Nationals (ECRIS-TCN) – as well as their future interoperability. To assess the compatibility of legal instruments governing information systems and their interoperability with the right to respect for private life, the author calls for the centrality of privacy as the appropriate lens through which instruments involving the processing of personal data should be viewed and offers a typology of privacy standards based on relevant case law by the Strasbourg and Luxemburg Courts.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
Volume 17, 2019
The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific.
This Yearbook covers the period 1 January 2019 to 31 December 2019.
This Yearbook covers the period 1 January 2019 to 31 December 2019.
Volume 17, 2019
The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific.
This Yearbook covers the period 1 January 2019 to 31 December 2019.
This Yearbook covers the period 1 January 2019 to 31 December 2019.
Integrating an Adaptive Approach with a Rights-Based Approach to Climate Change Mobility
As global climate change continues to alter the environment, humans are moving. In this context, human mobility can be an empowered adaptation strategy or an unwelcome necessity for survival with a high cost. Existing legal frameworks provide only a patchwork of protection for some climate change mobility scenarios. In Humans on the Move, Grant Dawson and Rachel Laut investigate the development of an adaptive approach to climate change mobility and explore how transformational adaptation strategies can—and must—be integrated with a rights-based approach.
Integrating an Adaptive Approach with a Rights-Based Approach to Climate Change Mobility
As global climate change continues to alter the environment, humans are moving. In this context, human mobility can be an empowered adaptation strategy or an unwelcome necessity for survival with a high cost. Existing legal frameworks provide only a patchwork of protection for some climate change mobility scenarios. In Humans on the Move, Grant Dawson and Rachel Laut investigate the development of an adaptive approach to climate change mobility and explore how transformational adaptation strategies can—and must—be integrated with a rights-based approach.
This book comprehensively covers the entire scope of conflicting rights and duties of the fighting parties and international humanitarian relief actors in non-international armed conflicts, namely from the moment of the initiation of international humanitarian relief actions till their authorisation and throughout the consecutive stages of the delivery of relief. From the practice of frontline humanitarian negotiations, this book reconceptualizes how those rights and duties are coming into being and how compliance with agreements on humanitarian access and other international humanitarian law and international human rights norms can be ensured and/or their normativity can be strengthened.
This book comprehensively covers the entire scope of conflicting rights and duties of the fighting parties and international humanitarian relief actors in non-international armed conflicts, namely from the moment of the initiation of international humanitarian relief actions till their authorisation and throughout the consecutive stages of the delivery of relief. From the practice of frontline humanitarian negotiations, this book reconceptualizes how those rights and duties are coming into being and how compliance with agreements on humanitarian access and other international humanitarian law and international human rights norms can be ensured and/or their normativity can be strengthened.
Why do churches assist people without authorized residence even when the state prohibits and punishes such conduct? What does it mean for church-state relations when the church steps into the shoes (or perhaps on the feet) of the government? And are all levels of government on the same page when it comes to migration? These are just some of the questions that this book addresses.
In a world in which migration is an omnipresent reality, these issues pervade national borders, ethnic divides, and physical barriers. These issues are shared among all nations and peoples of this world, and deserve utmost attention as geopolitical contours continue to evolve.
In a world in which migration is an omnipresent reality, these issues pervade national borders, ethnic divides, and physical barriers. These issues are shared among all nations and peoples of this world, and deserve utmost attention as geopolitical contours continue to evolve.
Why do churches assist people without authorized residence even when the state prohibits and punishes such conduct? What does it mean for church-state relations when the church steps into the shoes (or perhaps on the feet) of the government? And are all levels of government on the same page when it comes to migration? These are just some of the questions that this book addresses.
In a world in which migration is an omnipresent reality, these issues pervade national borders, ethnic divides, and physical barriers. These issues are shared among all nations and peoples of this world, and deserve utmost attention as geopolitical contours continue to evolve.
In a world in which migration is an omnipresent reality, these issues pervade national borders, ethnic divides, and physical barriers. These issues are shared among all nations and peoples of this world, and deserve utmost attention as geopolitical contours continue to evolve.
Ensuring Minimum Standards of Human Rights Protection
This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum, exploring the role of the Court in this area of law. Each chapter deals with the case law on one specific ECHR article that is relevant for migrants, asylum seekers and refugees. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens’ rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens.
Ensuring Minimum Standards of Human Rights Protection
This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum, exploring the role of the Court in this area of law. Each chapter deals with the case law on one specific ECHR article that is relevant for migrants, asylum seekers and refugees. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens’ rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens.
Series:
The Judges, Volume: 8
Editor:
Triestino Mariniello
This is the first English written book that includes the most significant opinions of Judge Paulo Pinto de Albuquerque delivered at the European Court of Human Rights. He was the President of the Committee on the Rules of the Court, the President of the Criminal Law Group of the Court and the focal point for the international relations of the European Court with Constitutional and Supreme Courts outside Europe. Previously he had worked as an anti-corruption leading expert for the Council of Europe.
As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
Series:
The Judges, Volume: 8
Editor:
Triestino Mariniello
This is the first English written book that includes the most significant opinions of Judge Paulo Pinto de Albuquerque delivered at the European Court of Human Rights. He was the President of the Committee on the Rules of the Court, the President of the Criminal Law Group of the Court and the focal point for the international relations of the European Court with Constitutional and Supreme Courts outside Europe. Previously he had worked as an anti-corruption leading expert for the Council of Europe.
As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge’s decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.
Human dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of domestic servitude, the LGB community and indigenous peoples.
Human dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of domestic servitude, the LGB community and indigenous peoples.
Persons with disabilities often face persecution. How does the 1951 Refugee Convention apply to them? In this first comprehensive study on the refugee definition for persons with disabilities, Stephanie Motz proposes a disability-specific approach to refugee status. The book provides a critical analysis of case law on refugee status determination focusing on four selected jurisdictions. Each chapter examines a different element of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities as well as international refugee law standards.
This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
Persons with disabilities often face persecution. How does the 1951 Refugee Convention apply to them? In this first comprehensive study on the refugee definition for persons with disabilities, Stephanie Motz proposes a disability-specific approach to refugee status. The book provides a critical analysis of case law on refugee status determination focusing on four selected jurisdictions. Each chapter examines a different element of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities as well as international refugee law standards.
This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
A Multidisciplinary and Multi-Sited Study on the Role of Religious Belongings in Migratory and Integration Processes
Volume Editor:
Laura Zanfrini
Despite the worldwide dramatic spread of religious-based discriminations, persecutions, and conflicts, both official data and academic literature have underestimated their role as a root cause of contemporary migrations. This multidisciplinary study aims to overcome this gap.
Through an unprecedented collection of theoretical analysis and original empirical evidence, the book provides unique data and insights on the role of religion in the trajectories of asylum seekers and migrants – from the analysis of the religious geography of sending countries to the role of spirituality as a factor of resilience and adaptation.
By enhancing both academic and political debate on these issues, the book offers the possibility of regaining awareness of the close link between religious freedom and the quality of democracy.
Contributors include: Paolo Gomarasca, Monica Martinelli, Monica Spatti, Andrea Santini, Andrea Plebani, Paolo Maggiolini, Riccardo Redaelli, Alessia Melcangi, Giancarlo Rovati, Annavittoria Sarli, Giulia Mezzetti, Lucia Boccacin, Linda Lombi, Donatella Bramanti, Stefania Meda, Giovanna Rossi, Beatrice Nicolini, Cristina Giuliani, Camillo Regalia, Giovanni Giulio Valtolina, Paola Barachetti, Maddalena Colombo, Rosangela Lodigiani, Mariagrazia Santagati, Fabio Baggio, Vera Lomazzi, Paolo Bonetti, Laura Zanfrini, Mario Antonelli, Luca Bressan, Alessandro Bergamaschi, Catherine Blaya, Núria Llevot-Calvet, Olga Bernad-Cavero, and Jordi Garreta-Bochaca.
Through an unprecedented collection of theoretical analysis and original empirical evidence, the book provides unique data and insights on the role of religion in the trajectories of asylum seekers and migrants – from the analysis of the religious geography of sending countries to the role of spirituality as a factor of resilience and adaptation.
By enhancing both academic and political debate on these issues, the book offers the possibility of regaining awareness of the close link between religious freedom and the quality of democracy.
Contributors include: Paolo Gomarasca, Monica Martinelli, Monica Spatti, Andrea Santini, Andrea Plebani, Paolo Maggiolini, Riccardo Redaelli, Alessia Melcangi, Giancarlo Rovati, Annavittoria Sarli, Giulia Mezzetti, Lucia Boccacin, Linda Lombi, Donatella Bramanti, Stefania Meda, Giovanna Rossi, Beatrice Nicolini, Cristina Giuliani, Camillo Regalia, Giovanni Giulio Valtolina, Paola Barachetti, Maddalena Colombo, Rosangela Lodigiani, Mariagrazia Santagati, Fabio Baggio, Vera Lomazzi, Paolo Bonetti, Laura Zanfrini, Mario Antonelli, Luca Bressan, Alessandro Bergamaschi, Catherine Blaya, Núria Llevot-Calvet, Olga Bernad-Cavero, and Jordi Garreta-Bochaca.
A Multidisciplinary and Multi-Sited Study on the Role of Religious Belongings in Migratory and Integration Processes
Volume Editor:
Laura Zanfrini
Despite the worldwide dramatic spread of religious-based discriminations, persecutions, and conflicts, both official data and academic literature have underestimated their role as a root cause of contemporary migrations. This multidisciplinary study aims to overcome this gap.
Through an unprecedented collection of theoretical analysis and original empirical evidence, the book provides unique data and insights on the role of religion in the trajectories of asylum seekers and migrants – from the analysis of the religious geography of sending countries to the role of spirituality as a factor of resilience and adaptation.
By enhancing both academic and political debate on these issues, the book offers the possibility of regaining awareness of the close link between religious freedom and the quality of democracy.
Contributors include: Paolo Gomarasca, Monica Martinelli, Monica Spatti, Andrea Santini, Andrea Plebani, Paolo Maggiolini, Riccardo Redaelli, Alessia Melcangi, Giancarlo Rovati, Annavittoria Sarli, Giulia Mezzetti, Lucia Boccacin, Linda Lombi, Donatella Bramanti, Stefania Meda, Giovanna Rossi, Beatrice Nicolini, Cristina Giuliani, Camillo Regalia, Giovanni Giulio Valtolina, Paola Barachetti, Maddalena Colombo, Rosangela Lodigiani, Mariagrazia Santagati, Fabio Baggio, Vera Lomazzi, Paolo Bonetti, Laura Zanfrini, Mario Antonelli, Luca Bressan, Alessandro Bergamaschi, Catherine Blaya, Núria Llevot-Calvet, Olga Bernad-Cavero, and Jordi Garreta-Bochaca.
Through an unprecedented collection of theoretical analysis and original empirical evidence, the book provides unique data and insights on the role of religion in the trajectories of asylum seekers and migrants – from the analysis of the religious geography of sending countries to the role of spirituality as a factor of resilience and adaptation.
By enhancing both academic and political debate on these issues, the book offers the possibility of regaining awareness of the close link between religious freedom and the quality of democracy.
Contributors include: Paolo Gomarasca, Monica Martinelli, Monica Spatti, Andrea Santini, Andrea Plebani, Paolo Maggiolini, Riccardo Redaelli, Alessia Melcangi, Giancarlo Rovati, Annavittoria Sarli, Giulia Mezzetti, Lucia Boccacin, Linda Lombi, Donatella Bramanti, Stefania Meda, Giovanna Rossi, Beatrice Nicolini, Cristina Giuliani, Camillo Regalia, Giovanni Giulio Valtolina, Paola Barachetti, Maddalena Colombo, Rosangela Lodigiani, Mariagrazia Santagati, Fabio Baggio, Vera Lomazzi, Paolo Bonetti, Laura Zanfrini, Mario Antonelli, Luca Bressan, Alessandro Bergamaschi, Catherine Blaya, Núria Llevot-Calvet, Olga Bernad-Cavero, and Jordi Garreta-Bochaca.