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  • Chapter Five - The Criminalization of Migration

  • from Part II - Transnational Legal Ordering and Transnational Crimes
  • Edited by Gregory Shaffer, University of California, Irvine, Ely Aaronson, University of Haifa, Israel
  • Book:
    Transnational Legal Ordering of Criminal Justice
    Published online:
    05 June 2020
    Print publication:
    02 July 2020, pp 154-175

  • Summary

    This chapter examines the criminalization of migration through the lens of transnational legal orders (TLOs). By doing so, it seeks to explain dramatic episodes such as the Diciotti refugee incident in Italy, but also provide socio-legal analysis for far-reaching practices such as immigration detention, removal, and refusal of entry, all of which depend on the development of a formalizing legal order and specific regulation such as the EU Returns Directive that transcends national boundaries. It argues that affluent democratic societies of the Global North are in the middle of a major transformation of governance while transnational legal orders are at the center of it.