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There is general agreement today that traditional approaches to immigration admissions in the major receiving countries of the West have serious shortcomings either in concept or implementation, or at times in both. These essays, all written by leading immigration experts, consider the philosophical and moral constraints on immigration law and policy, the basic elements of a comprehensive migration policy, and specific policy areas, including family reunification and asylum. Taken together, these perspectives represent a fresh, comparative look at some of the most urgent issues in this pivotal area of law and policy.
List of contents
Introduction
Kay Hailbronner and Hiroshi Motomura
PART I: THE ETHICS OF IMMIGRATION
Chapter 1. The Philosophy and the policy Maker: Two Perspectives on the Ethics of Immigration with Special Attention to the Problems of Restricting Asylum
Joseph Carens
PART II: IMMIGRATION ADMISSIONS
Chapter 2. Comprehensive Migration Policy: the Main Elements and Options
Jörg Monar
Chapter 3. The Family and Immigration: a Road Map for the Ruritanian Lawmaker
Hiroshi Motomura
Chapter 4. Readmission Agreements
Olaf Reermann
Chapter 5. Migration Return policies and Countries of Origin
Rosemarie Rogers
Chapter 6. Is the 1951 Convention Relating to the Status of Refugees Obsolete?
Joan Fitzpatrick
Chapter 7. Refugee Definition
Rainer Hofmann
Conclusion: Immigration Admissions and Immigration Controls
Kay Hailbronner, David A. Martin and Hiroshi Motomura
Notes on Contributors
Bibliography
Index
About the author
Hiroshi Motomura has been a professor of law at the University of Colorado School of Law in Boulder since 1982. Before that, he was an attorney in Washington, D.C., with a practice that included immigration law matters. He writes and lectures extensively on immigration law and policy topics, with an emphasis on constitutional issues. Publications include the law school casebook Immigration: Policy and Process (with T. Alexander Aleinikoff and David A. Martin; 3d ed. 1995) and the articles “The Curious Evolution of Immigration Law: Procedural Surrogates for Substantive Constitutional Rights” (Columbia Law Review 1992) and “Immigration Law after a Century of Plenary Power: Phantom Constitutional Norms and Statutory Interpretation” (The Yale Law Journal 1990).
Summary
There is general agreement today that traditional approaches to immigration admissions in the major receiving countries of the West have serious shortcomings either in concept or implementation, or at times in both. These essays, all written by leading immigration experts, consider the philosophical and moral constraints on immigration law and policy, the basic elements of a comprehensive migration policy, and specific policy areas, including family reunification and asylum. Taken together, these perspectives represent a fresh, comparative look at some of the most urgent issues in this pivotal area of law and policy.
