I I N N T T E E R R N N A A T T I I O O N N A A L L S S C C I I E E N N T T I I F F I I C C P P E E E E R R - - R R E E V V I I E E W W E E D D J J O O U U R R N N A A L L

EDITIONS

MIGRATION AND PUBLIC INTERNATIONAL LAW

Starting from the perception that international migration is a process that leads from the State of origin through transit countries and perhaps even the high sea up to the entry to the State of destination this paper discusses the impact of public international law on the various stages of migration. Relevant are in this respect the rules of customary and treaty law, but also the provisions of the Global Compact for Safe, Orderly and Regular Migration of 2018 which try to create a comprehensive frame-work for the multidimensional phenomenon of international migration. These provisions do not have the legal status of hard, i.e. legally binding law, but still intent to govern the said process of migration. On the first stage the right to leave the country of origin is decisive. On the second stage the rules established for the protection of the migrants’ safety are addressed and exemplified by the existing rules for the rescue of lives in danger on the sea. At the third stage the rules for entering the country of destination become crucial. Actually here the territorial sovereignty of the State is decisive, but sovereignty is not absolute but bound by relevant customary international law as the prohibition of non-refoulement or by treaty obligations entered by the State itself. In this context the EU asylum law and the policy of pushbacks is dealt with. Issues of integration and acquisition of nationality are likewise tackled. Finally the basic view of the Global Compact at migration as a necessity and cornerstone of sustainable development leading to overemphasizing the benefits of migration vis-à-vis the difficulties of many States, especially with irregular migration, is critically assessed.

 

Keywords: Global Compact for Migration – State sovereignty – right to leave and enter a country – smuggling of migrants – non-refoulement – pushbacks

IMPACT OF INTERNATIONAL CLIMATE POLICY ON MIGRATIONS

The aim of the paper is to determine the impact of international climate policy on international migrations of population. The authors will present the main assumptions of the climate policy, including the strategy of the European Green Deal, the goals of sustainable development in the context of climate change affecting population migration. The article also addresses the issue of the correlation between climate change and political stability and the risk of conflicts. An important issue raised in this publication is the question of global solidarity in the fight against the negative effects of climate change and the possibility of implementing in practice such mechanisms as loss and damage fund.

 

Keywords: climate policy, migration policy, climate change, European Union climate policy, population migrations.

SOLUTION OR PROBLEM: A SOCIAL WORK VIEW OF UK FORCED MIGRATION LAW AND POLICY

The UK receives a tiny proportion of the world’s forced migrants and even in Europe is 19th out of 28 countries for numbers received. Nonetheless, immigration is used as a major political issue with public opinion weaponised to achieve the disastrous exit from the European Union. The media narrative encourages the population to believe that there is an ‘invasion’ of people making the highly dangerous journey across the English Channel in small boats and that they are not ’real’ refugees. A plethora of law and policy responses means that individuals are treated differently depending on where they came from, when and how they came.

 

This paper will give a synopsis of the changes to law and policy that proscribe the ‘legal’ and ‘illegal’ routes to the UK for forced migrants. We will consider the outcomes of the financial investment in exclusion (border force, removal centres, planes to Rwanda, British police in France) in the context of a global economic and environmental emergency. Their intended and unintended consequences will be reviewed (destitution and homelessness, Windrush, loss of workforce, social insecurity).

 

Drawing on the five proposals of the People’s Charter for an Eco-Social World presented to the United Nations we propose an alternative approach to migration which values the human agency and capacity of individuals. We give examples from UK and elsewhere to illustrate the success of inclusion over exclusion and offer a reflection on the ability of social work to work within and with contexts.

 

Keywords: Forced migration, strengths approach, social work, eco-social, human rights

HUMAN TRAFFICKING IN THE RUSSIA'S WAR ON UKRAINE

The recent war in Ukraine (openly started by the Russian Federation on February 24, 2022, and constituting an escalation of ongoing actions from 2014) once again showed that slavery did not disappear, it only took on a modern camouflage.

 

The Internet has replaced the old slave markets, human traffickers have gone underground. But it is still one of the most lucrative practices practiced all over the world. The International Organization for Migration (IOM) has recorded numerous cases of sexual violence against women and children trying to cross the border from Ukraine to Poland. Criminals take advantage of their victims by impersonating people offering transport or accommodation. La Strada International, the European platform of anti-trafficking NGOs, also states in its recent report that while it is too early to determine the scale of human trafficking related to the war in Ukraine, “there is already evidence of its activities.”

 

The paper presents an analysis of the impact of Russian aggression on the migration of people from Ukraine and the threat of modern human trafficking.

 

Keywords: human trafficking, Ukraine, Russia, war.

POST-PANDEMIC MIGRATION PROCESSES AND THEIR CHALLENGES FOR THE COUNTRY

Global migration manifests itself in many forms: economic migrants are forced to voluntarily leave their homeland in search of work, refugees are forced to leave their country as a result of conflict and violence. The source of migration processes today is technological, geopolitical, and climatic change.

 

With globalization and increased mobility, people have more opportunities to study and work around the world.

 

Migration processes have not bypassed Georgia either. In the case of Georgia, legal migration is determined by these three main reasons, although the emphasis is still on labor migration.

 

Migration can be an economic good, but it can also become a serious problem for the economic or political life of a country. The non-return of young people who have left the country for education, the “brain drain,” and other important challenges for the country necessitate effective migration management.

 

Keywords Migration, globalization, circular migration,”brain drain”.

THE EUROPEAN LABOUR MARKET IN THE WAKE OF THE NEW REFUGEE CRISIS

Russia’s aggression against Ukraine has led to a humanitarian crisis in Europe unprecedented since the Second World War. After nearly a year, more than 8 million Ukrainian refugees were recorded in Europe, of whom more than 4.8 million were registered under the EU’s Temporary Protection Directive (TPD) or similar national protection programmes. The study provides an empirical characteristics of the scale and structure of the refugee wave from Ukraine. Placing a strong emphasis on highlighting the differences with respect to previous crises of this type, the study reveals the scale of the challenges facing European institutions in the face of such an unprecedented humanitarian catastrophe. The objective is also to highlight the need for different priorities and new strategies for integration policies in the European labour market.

 

Keywords: refugees, labour market, integration policy, Ukraine.

CIRCULAR LABOR MIGRATION AND GEORGIA: EXPERIENCES AND CHALLENGES

The given article will discuss the theoretical and practical issues related to the experience that has been accumulated and implemented in Georgia in the direction of circular labor migration.

 

We will try to understand and evaluate the history of migration process passed by Georgia and its results, which we have received since the dissolution of the Soviet Union and the restoration of Georgia’s independence to the present day.

 

We will show you how the heavy memory related to migration processes affects modernity and the formation of psychotypes of labor migrants; We will talk about the differences between perceptions, expectations, working environment and conditions; What positive and negative results are expected and characteristic of similar, overseas employment systems; What changes and opportunities did visa liberalization create for the Georgian labor market; What preventive measures exist for the proper functioning of circular labor schemes; What are the examples of labor migration experience gained by different countries of the world. What risks and challenges are expected in the future in terms of labor migration in Georgia and what legal nuances need to be refined for even more flexible and measurable regulation. Based on all this, we will try to make some predictions and set the right visions for the development of labor migration policy.

 

Keywords: circular labor migration, employment, competence, qualification/de-qualification, international labor market, visa liberalization.

CAUSES OF MIGRATION AND ITS IMPACT ON THE ECONOMY

Migration is a process with multi dimensions, which ambiguously effects on various components and individual parameters of the economic life of the host society. Furthermore, direction and intensity of this influence may be importantly different in each concrete case. Due to the specific of immigration, evaluation of its results is difficult task, which requires comprehensive and balanced analysis. It was traditionally considered that immigration provides host society with lost labor recourses and it significantly contributes in their economic development.

 

Migrants often settle within their home region. However, a significant part of international migration takes place over long distances and, in particular, from emerging market and developing economies toward advanced economies.

 

A major reason why people migrate is income differences between origin and destination countries. Richer countries attract more immigrants, especially from countries with younger populations. There is difficulty to evaluate effect of immigration on economic. This is impact on tax incomes and expenses of government. On one side, immigrants pay taxes, helping cover the cost of government. On the other side, they impose costs on the government, because their cars need roads to drive on, their children need schools to study in, and so on. Because many immigrants earn low wages and hence pay low taxes, some estimates suggest that immigrants cost more in additional spending than they pay in.

 

Despite the above international policy coordination is needed to tackle the challenges from refugee migration. This includes sharing the costs from hosting refugees and fostering their integration with emerging and developing economies, such as language training and easier validation of professional titles, can help build even better outcomes from immigration in recipient countries.

 

Keywords: War, labor migration, former international students as labor migrants, unemployment, specialization of agricultural production, protected schemes, increase of incomes.

CAUSING FACTORS OF MIGRATION AND HUMAN RIGHTS

The said article on the study of the migration process of the motivation and push factors for migration and analysis of the human rights of the people, the cause of the migration of one state party can be the cause of human rights as the citizens of the country who make the behavior as a decision and on the other hand, it is very important for the migrants. There are many contributing factors to migration, including economic, political, socio-political, human rights factors, natural, health-related, cultural and educational factors. States where the level of social and economic life is low, human rights are not protected, the citizen has no income, there are small and unpromising opportunities for employment, due to which the unstable political environment loses a large part of citizens over time, therefore migration can be due to both labor and family factors.

 

The article also discusses the facts of migration and the directions caused by political factors and coldblooded confrontations in the past, the First and Second World Wars led to the largest-scale migrations and changes in residential location. Also important is the structure and nature of migration, which can be shaped by the causes of violence and war. In international migration, human rights are particularly relevant and important, systemic or legal problems before leaving the country, and the attitudes of migrants towards them in the receiving state, are their rights fully protected?

 

The important research results in the article are:

 

  • Migration has acquired its character based on historical facts from the past, for example population migration is frequent from East Africa to North Africa, from East Africa to Europe, as well as population migration from Islamic states to Europe due to the insecurity of the population, especially women’s rights, with the motive of providing physical protection and security.

 

  • The desire to get an education and simply to travel remains a contributing factor to migration among young people.

 

  • The factors causing migration in international migration remain: the right to life, the right to personal freedom, the right to religious freedom, freedom of movement and movement, freedom of speech, the right to physical security.

 

Key words: migration, challenge, human, right.

THE SCOPE OF THE COURT'S SELF-INITIATIVE IN ADMINISTRATIVE PROCEEDINGS IN REGARDS TO OBTAINING ASYLUM

In modern day countries, including Georgia, the issue of migration poses an important challenge, the legal regulation of which depends on both state bodies and courts. The 1951 Convention “Relating to the Status of Refugees” is one of the mechanisms for realizing fundamental human rights and freedoms provided by the Universal Declaration of Human Rights. An asylum-seeker who enters Georgia for the purpose of obtaining refugee/humanitarian status has certain rights and obligations, on the basis of which the status is either granted or denied. The issue of granting refugee/humanitarian status may include different (political, religious, etc.) grounds. Ultimately, the primary link that determines the legal status of an asylum seeker is the court. It carries out procedural actions in a way that does not violate both the interests of the state and the rights of the asylum seeker.

 

Taking into consideration the aspects of administrative proceedings, the court is not limited both in terms of examining the evidence presented by the parties, as well as in regards to its own initiative to investigate the scope of a person’s claim and make a decision. It is also important that the court’s selfinitiative includes not only a formally established standard, but also the ability, if necessary, to request evidence at its own discretion in order to establish the objective truth in the case. However, on certain matters, depending on the specific nature of the case, the court’s ability may be limited. Finally, taking into account the distribution of functions of the court and the administrative body, there is a limit on the basis of which it is possible to achieve an absolute result in the aspect of protecting the rights of the asylum seeker.

 

Key words: asylum seeker, court, refugee/humanitarian status, self-initiative.