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This dissertation looks at the concept of “trafficking in persons” and how it has been created, interpreted and utilized in the international sphere and in Canada. Using the approach of Critical Legal Pluralism (CLP), it examines the legal regulation of trafficking as being created through a bi-directional constitutive process, with paradigmatic conceptions of trafficking having a hand in creating regulation as well as being influenced by it. Through a review of data retrieved using a variety of qualitative methods as well as classic legal analysis, this dissertation explores the operation of various social actors and their effect on the determination of what trafficking is, and who is worthy of protection from it. In Part One the international framework is outlined through a discussion of the creation of the dominant paradigm of trafficking and implementations of it. Chapter One traces the history of the anti-trafficking movement by looking at the development of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, and by examining the creation of dominant discourses around trafficking. Chapter 2 uses CLP to examine the influences of a variety of actors on the creation of these discourses and the repercussions the discourses have had on the implementation of anti-trafficking policies. Part Two then turns to the Canadian context. In Chapter Three, classical legal methodologies are employed to discuss Canada’s obligations under international law with respect to trafficking, as well as the creation of definitions of trafficking in the Canadian legal regulatory context. Chapter Four then reviews data from Canada to discuss the ways in which various actors have been involved in the creation and operation of the dominant paradigm and how it in turn affects the operation of trafficking-related legal constructs. Ultimately, it is found that due to the influence of the dominant paradigm and the motivations that aid in its operation, programs and policies framed under the rubric of “trafficking” necessarily fail to achieve meaningful redress for the groups they purport to benefit. On this basis, an alternative approach is suggested to address phenomena currently being dealt with through anti-trafficking frameworks. A move is suggested away from a focus on “trafficking” to a sectoral approach, accounting for the complexities and histories of individuals subject to exploitative circumstances.

This thesis is concerned with the ways in which the laws and policies governing labour migration shape the relationship between migrant workers, employers, and labour markets in advanced industrialised countries. Specifically, it elucidates the intersections of immigration and labour market regulatory norms, structures, and processes that have salient implications for migrants’ work relations. The notions of ‘hyper-dependence’ and ‘hyper-precarity’ are developed as the main analytical and normative lenses in this thesis for examining the particular vulnerabilities associated with migrants’ precarious statuses under contemporary labour migration regimes. Hyper-dependence refers to an acute dependence that transcends the immediate context of an employment relationship, where other aspects of a worker’s life critically depend on that employer. For migrant workers, hyper-dependence may arise where their legal statuses is tethered to a specific employer sponsorship, accompanied by other de jure and de facto restrictions on their labour mobility. Hyper-precarity seeks to capture the multifaceted insecurities and uncertainties in migrants’ work relations and their broader migration projects, which are linked to their exclusion, in law and in practice, from a wide array of social, economic, and civil rights in the host state. Engaging with the various and often competing goals and concerns of immigration law and labour law, the two concepts of hyper-dependence and hyper-precarity are developed and applied through an in-depth comparative analysis of the legal and regulatory architectures of two contemporary temporary migrant workers’ programmes (TMWPs): Australia’s Temporary Work (Skilled) Subclass 457 Visa (‘457 visa’) scheme and the United Kingdom’s Tier 2 (General) visa scheme. In recent years, TMWPs in advanced industrialised countries have been touted by global and national policymakers as a desirable labour migration instrument that delivers ‘triple wins’ for host states, home states, and migrants and their families. I situate the normative concerns of the legally constructed hyper-dependence and hyper-precarity in the ethical debates on TMWPs in liberal states. I also consider how the worst extremes of the two ‘hyper’ conditions combined in highly exploitative work relations could be ameliorated, and in doing so propose some ideas for reforming key features of current TMWPs to enable migrants to exit any employment relationship and to resort to a range of voice mechanisms in the workplace.

La legge italiana in materia di immigrazione e come questa costringa lo straniero a tentare di raggiungere uno status regolare attraverso l'illegalità è il tema affrontato nello scritto. Ciò discende da alcune caratteristiche del sistema di ingresso in Italia, dall'applicazione della normative effettuata da una burocrazia lenta ed inefficiente ed infine a causa di alcune caratteristiche del mercato del lavoro. Le legge italiana in materia di immigrazione viene così a produrre irregolarità istituzionale . Avendo di fronte a questo scenario, lo straniero entra in modo irregolare, trova lavoro nell'economia informale e dopo cerca di sistemare le carte . Utilizza l'illegalità per raggiungere la legalità. Il successo delle strategie adottate dipende in larga parte dalla capacità dello straniero di comprendere le caratteristiche essenziali del paese in cui si trova e sfruttare così le opportunità possibili. Cercando la via per la regolarità, lo straniero scopre le caratteristiche fondanti dell'Italian way of life. / The topic concerns how Italian Immigration Law tends to force foreigners to win legal status through illegality, due to some of its features and its implementation and due to the characteristics of the Italian labour market. Italian Immigration law tends to produce institutionalized irregularity . Given this scenario, foreigners enter illegally, find a job in the underground economy and then try to "fix the papers" once in Italy. They use illegality to become legal. The success of the adopted strategies largely depends on the ability of migrants to understand the essential features of the host country and to exploit the available opportunities. And looking for a way to legality they reveal the essential features of Italian way of life.

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The terrorist attacks on September 11, 2001, resulted in dramatic legal changes in the U.S. As part of its investigation into the attacks, the U.S. Government detained approximately 5,000 "aliens" from predominantly Muslim countries. These detentions were characterized by minimal, and sometimes non-existent, habeas corpus and due-process protections. During times of crisis, care should be taken that panic not be allowed to prevail over long-cherished constitutional values. This thesis examines Government actions in light of constitutional principles to examine the larger question of whether the War on Terror detention practices have permanently undermined the rule of law in the U.S. / The factual and legal scenarios in this area have been changing at a rapid rate, and they will certainly continue to change. Those constant changes have presented a special challenge in writing this thesis. The facts and legal scenarios described herein, therefore, are current as of January 31, 2005.

Over the last 10 years the South African fiscus has introduced numerous changes to the Income Tax Act (ITA) which affect the income tax implications of persons ceasing to be a resident of South Africa. The two main changes were: - The introduction of a world-wide basis of taxation for residents - The introduction of capital gains tax (CGT) as part of the ITA The aim of this treatise was to identify the income tax implications of persons ceasing to be a resident of South Africa. Resulting from this research, several issues in the ITA have been identified, and the two major ones are summarised below. Firstly, upon the emigration of the taxpayer, there is a deemed disposal of a taxpayer’s assets in terms of paragraph 12 of the Eighth Schedule. It is submitted that the resulting exit tax may be unconstitutional for individuals. It is recommended that South Africa should adopt the deferral method within its domestic legislation for individuals who are emigrating. The deferral method postpones the liability until the disposal of the asset. Secondly, on the subsequent disposal of assets by former residents where there was no exit charge in terms of the exemption under paragraph 12(2)(a)(i) of the Eighth Schedule. Depending on the specific double tax agreement (DTA) that has been entered into with the foreign country, taxpayers have been given vii the opportunity to minimise or eliminate the tax liability with regard to certain assets. This should be of concern from the point of view of the South African government. Further issues noted in this treatise were the following: - It is submitted that the term ‘place of effective management’ has been incorrectly interpreted by SARS in Interpretation Note 6. - It is further submitted that the interpretation by SARS of paragraph 2(2) of the Eighth Schedule is technically incorrect. The above issues that have been identified present opportunities to emigrants to take advantage of the current tax legislation. It is further recommended that taxpayers who are emigrating need to consider the South African domestic tax law implications, respective DTA’s, as well as the domestic tax laws of the other jurisdiction, not only on the date of emigration but also on the subsequent disposal of the respective assets.

The content of this study is the issue of labor force immigration and employment of immigrants in Czech Republic. Thesis is based on economic theory and description of current legislation including the expected development, which are supported by analyses based on data from the Czech statistic agency and respective ministries. The main goal of the thesis is to refute the prejudices of negative consequences of immigration, especially economic migration, and to assess the situation of employment of immigrants in terms of all stakeholders, ie state as the creator of the legislative environment within which labor contract can be concluded, employers, both in terms of legal obligations concerning employment of immigrants as well as possibilities of employment of such group and at last, but not least, the thesis focuses on immigrants themselves, who are undoubtedly the most vulnerable group.

The resettlement of refugees and asylum seekers in Germany since reunification in 1990 has been challenged by two peaks in asylum seeker applications in 1992 and again in 2016. From the 1992 peak, which was fueled by asylum seekers fleeing the former Yugoslavia, extensive research has already been conducted over the past thirty years. These studies have demonstrated the actual outcomes of these primarily Yugoslavian asylum seekers and refugees with these findings indicating legal and economic uncertainty having a detrimental effect even years after resettlement. Using Germany as a case study, this analysis aims to survey the available information in the more recent example of asylum seekers arriving in Germany from 2014 onwards primarily from the Syrian Arab Republic, Afghanistan, and Iraq. Ultimately, successful resettlement equates to successful integration measures. The issues of policy legacy and learning as well as elements of the available support network for asylum seekers in housing, Integrationskurse (integration courses), and advice centers are examined to understand how each relates to successful integration and security for asylum seekers. The findings indicate that Germany has achieved successful resettlement and integration of asylum seekers through policy learning from the early 1990s onwards and a strong support network available for those seeking asylum, yet the exclusion of certain groups from integration measures unfairly leaves some behind. A continuous evaluation of these integration measures is necessary to ensure the successful resettlement of refugees and asylum seekers in Germany in anticipated future peaks in asylum seeker applications.

Municipal unauthorized immigration policy, as an area of study, is underexplored. The literature is in the early stages of development, and little specific theory to guide research exists. To advance this emerging field, my study addresses two questions. First, what unauthorized immigration policies do local governments pursue, under what circumstances, and for what reasons? Second, what explains city-to-city variation in municipal responsiveness to the policy preferences and interests of residents without legal status? The dissertation also presents a typology of municipal responsiveness to unauthorized immigrants, based on my exploratory research. To explain intercity differences in the policy processes and choices of local government, I explore three possible explanations--Hero's (1998) social diversity thesis, urban regime theory, and political culture and policy entrepreneurship. My study engages these theoretical ideas with the findings of a comparative case study of three mid-size, reemerging gateway cities: Sacramento, California; Denver, Colorado; and Portland, Oregon. I explore whether associations between local factors and municipal unauthorized immigration policy emerge in the recent history of the three case cities. Analysis of data gleaned from document study suggests that political culture, as expressed through entrepreneurial political leaders, has been important in shaping regime development and subsequent policy action on unauthorized immigration, while differences in the ethnoracial structure of cities accounts for variation in policy approach.