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New Migration Law Series Publications

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01 April 2024

We are happy to announce the latest three additions to our Migration Law Series. These publications, written by students from our IMRL Master’s programme address pressing issues in asylum and migration law and offer valuable perspectives and analysis.

  1. The first addition, issue no. 22, is Eva van der Wal’s Master’s thesis entitled “Exploring the African Accountability Avenue: Libya’s Responsibility for Violating the Right to Leave under Article 12 (2) ACHPR through pullback operations.”Eva’s paper delves into the complex area of migration control mechanisms, specifically examining Libya’s accountability under the African Charter on Human and Peoples’ Rights (ACHPR) for violating the right to leave through pullback operations. Through her research, Eva explores legal avenues within African human rights law to address these challenges, offering insightful perspectives on imputability, legal obligations, and accountability structures. By analysing elements of the right to leave, rules of state responsibility, and the African human rights system, Eva presents compelling arguments for both theoretical and practical accountability. You can access the abstract and full PDF version of Eva’s thesis here.
  2. The second addition is Fadi Saher Fahad’s Master’s thesis as issue no. 23, titled “Een gewaarschuwd kabinet telt voor twee: Doorwerking van wetgevingsadvisering door de Raad van State in het migratierecht.”Fadi’s thesis sheds light on the impact of legislative advice by the Raad van State in migration law. He examines how the government responds to the Raad van State’s recommendations in four legislative matters. His findings reveal a notable trend: the Raad van State advises against submitting legislative proposals to the Tweede Kamer 1.5 times more often in migration law than in other policy areas. Despite this, the government tends to disregard these recommendations. Fadi’s conclusions underscore the lack of prior research on the influence of Raad van State advice in immigration law.You can access the abstract and full PDF version of Fadis’s thesis here.
  3. The most recent addition, Lydia Leibbrandt’s master’s thesis as issue no. 24, entitled “Capturing the alchemy of regularization: Manifestations of citizenship in the German Ausbildungsduldung.”Lydia’s thesis explores the German Ausbildungsduldung, a legal instrument aimed at regularizing the status of unlawfully residing migrants. This technical tool not only postpones deportation but also offers the possibility of residency rights. Through an interdisciplinary analysis, Lydia delves into the complexities of the Ausbildungsduldung, situating it within a broader legal framework and examining its potential as a manifestation of citizenship. In addition to her theoretical exploration and comprehensive review, Lydia conducted qualitative sociological research. She interviewed individuals who are beneficiaries of the Ausbildungsduldung, providing valuable insights into its practical implications.You can access the abstract and full PDF version of Lydias thesis here.

The Migration Law Series by the ACMRL periodically publishes papers and books highlighting research findings. Our publications aim to encourage discussion among scholars, policymakers, and practitioners in the field. They are available for free in PDF format on our website.

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