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Studies On The Issue Of Legal Control Of Illegal Migration

Posted on:2006-03-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:J H XuFull Text:PDF
GTID:1116360182467639Subject:International law
Abstract/Summary:PDF Full Text Request
As a type of disorderly transnational population flow, illegal migration has being brought much more negative effects to countries and society of nations in the background of globalization and was called a centurial problem. It is of great significance of reality and theory to have far research into this problem. Governments of all countries and society of nations have being taking actions to settle the problem of how to control illegal migration at a legal angle. Practices have proved that it can depend not only on unilateral action of a country but seek international cooperation to control illegal migration in the frame of international law, and build a newly international economic order with justness and reasonability to promote all states common development, only by these ways can we control and then perish the phenomena of illegal migration. As a developing country with the most population, China is also seriously challenging with this problem, and relevant municipal law of China must be mended and perfected.Starting with analyzing the question of illegal migration, this thesis then analyzes realistic approaches of controlling illegal migration at the angle of municipal law and international law . At last the thesis makes conclusions and offers proposals for settling this problem.The thesis consists of preamble and text. There into the text is composed of four parts that include nine chapters.Preamble is arranged to analyze the importance of studying on the issue of legal control of illegal migration and introduce the situation of research into this problem in the present circle of law, and points out the goal of this research, and says something about the significance of research into this problem.Part One consists of one chapter. Chapter One linking with present relevant theories of international migration analyzes some concepts, character, means and course, history, reality and developmental trends, causes and harmful results of illegal migration. This chapter brings forward the question so as to build an analyzed base for analyzing and settling this problem.Part Two that consists of three chapters is the controlling of illegal migration by municipal law. In this part, the thesis analyzes theories concerned of controlling of illegal migration by municipal law, and selects America and China as two examples to analyze and appraise the legislation and execution of controlling of illegal migration in these two countries. On the base of these analysis, the thesis points out that the controlling of illegal migration by municipal law can not adapt to the transnational character of illegal migration and it is a reasonable choose for a country to go beyond unilateral legal control mechanism and build an international cooperation mechanism.Part Three is the controlling of illegal migration by international law. This part is composed of three chapters. In this part, the thesis divides the international cooperation into three types including bilateral cooperation mechanism, regional cooperation mechanism and multilateral cooperation mechanism, and discussesrelevant question of international law in each mechanism. The way of analyzing is selecting some typical examples in each mechanism. In the bilateral cooperation mechanism, the thesis selects bilateral cooperation such as America and Mexico, Indonesia and Australia, England and Italy, England and France, China and other countries and international organizations. In the regional cooperation mechanism, the thesis select EU as a typical representative to discuss and analyze. In the multilateral cooperation mechanism, the thesis primarily selects UN and IOM , which play an important role in the international cooperation of controlling of illegal migration, to discuss relevant question of international law .Part Four is the conclusion and proposal of the thesis. On the base of analysis and argumentation in the former three parts, Chapter Eight draws a comprehensive conclusion from the problem of legal control of illegal migration, points out the prominent function and its defect in the controlling of illegal migration, describes a developmental skeleton from municipal law control to international law control in the course of controlling of illegal migration, analyzes the mutual affection between municipal law and international law in the course of the legal control of illegal migration, then strengthly points out that the international law contorl of illegal migration should promote the development of modern international law. At last, the thesis points out that illegal migration as a negative impetus has been promoting the development of international cooperation and international organizations have played a more important role in the international cooperation of controlling over illegal migration.In the light of defects of the legal control which have been analyzed in the second and third part. Chapter Nine offers some proposal for improving and perfecting the legislation and execution at angles of municipal law and international law. Except these, the thesis specially stresses that it is a fundamental measure that we must develop the internal economy and build a new international economic order with justness and reasonability so as to decrease and then perish illegal migration.
Keywords/Search Tags:Illegal Migration, Legal Control, International Law
PDF Full Text Request
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