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Illegal immigration international legal regulation

Author: XiuShiFu
Tutor: XinBaiChun
School: Heilongjiang University
Course: Legal
Keywords: Illegal immigrant international law regulation of law
CLC: D998.3
Type: Master's thesis
Year: 2008
Downloads: 243
Quote: 4
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Abstract


An illegal immigrant is a person who enters/ exits or resides in a country violating the country’s IMMIGRATION LAW or EXIT-ENTRY LAW or OTHER RELEVANT INTERNATIONAL LAW. The reasons for illegal immigration exist in economical, historical, legal systems and ideologies. Illegal immigration causes a great deal of harm to the original country, destination country and the individual himself. It also brings many other negative effects to every country and the international society. In recent years, illegal immigration has increased yearly not only from the original country to the destination country, but also by passing through other countries en route. It’s a great challenge for international law to regulate illegal immigration.The regulation of illegal immigration by international law is divided into two categories: international and national law. National law makes or revises relevant laws to control illegal immigration within it’s sovereignty, that is, laws dealing with ENTRY and EXIT. National law cannot regulate illegal immigration occurring in intermediate countries. National law is not suited for the transnational character of illegal immigration, so nations must establish international co-operation systems. On the side of international law, the regulating of illegal immigration mainly includes bilateral treaty, regional multilateral treaty, and international multilateral treaty.In the view of regulating illegal immigration by international law, this thesis makes analysis of bilateral co-operation systems, researches the European Unions’ regional co-operation system, and inquires into multilateral co-operation of the UN and IOM (International Organizational Migration). Based on the results of this analysis, this thesis indicates that although international laws regulating illegal immigration do exist, they tend to be unstable, temporary and limited in their authority. This thesis also gives some advice on how to improve the regulation of illegal immigration by international law.

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CLC: > Political, legal > Legal > International law > Nationality Act > Immigration law
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