| List of figures |
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xiii | |
| Introduction: Drawing, crossing, deleting the borders |
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1 | (20) |
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2 | (3) |
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5 | (5) |
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10 | (11) |
| Part I: Drawing the borders |
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1 The borders of Schengen and their functions |
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21 | (11) |
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Maria Antonietta Confalonieri |
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1.1 Mode of governance of EU borders |
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21 | (4) |
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25 | (2) |
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27 | (5) |
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2 Containment policies, human mobility and phantom borders. The case of Libya |
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32 | (11) |
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2.1 Cheap bargaining at the migrants' expense |
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32 | (5) |
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2.2 Continuity and change in post-Qadhdhafi Libya |
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37 | (6) |
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3 Defining migrants, defining borders. Arrivals in Italy by sea in 2011 between illegality and right to protection |
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43 | (8) |
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4 Irrational walls. Lessons from the US-Mexico border |
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51 | (14) |
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51 | (2) |
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4.2 The militarization of the Frontera |
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53 | (3) |
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4.3 The (in)effectiveness of a wall |
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56 | (3) |
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4.4 Unintended processes and perverse effects |
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59 | (1) |
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4.5 Discursive legitimation |
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60 | (3) |
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63 | (2) |
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5 Mobility and data. Dataset or data nightmare? |
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65 | (12) |
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65 | (1) |
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5.2 Borders: territory and population |
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66 | (2) |
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5.3 Sources: pride and prejudice |
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68 | (2) |
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5.4 Data: hypertrophy and limits |
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70 | (2) |
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5.5 Demographics: use and misuse |
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72 | (1) |
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73 | (4) |
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6 Migrants and internal borders. Rural ghettoisation in Southern Italy |
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77 | (10) |
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6.1 Internal vs external borders |
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77 | (1) |
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6.2 Marginalisation, segregation, ghettoisation |
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78 | (1) |
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6.3 Urban ghettoisation in America and Europe |
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79 | (1) |
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6.4 Urban and rural ghettoisation in Italy: the case of the province of Foggia |
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80 | (4) |
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84 | (3) |
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7 Migrant workers and the sponsorship system |
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87 | (10) |
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87 | (2) |
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7.2 The recruitment of migrants through temporary employment agencies |
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89 | (2) |
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7.3 The lives of migrant workers at the service of sponsors |
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91 | (1) |
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7.4 The lack of legal protection for migrant workers |
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92 | (2) |
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94 | (3) |
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8 The Centers for Identification and Expulsion (CIE) and immigration management. Criticalities and possible improvements |
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97 | (12) |
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97 | (1) |
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98 | (2) |
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8.3 CIE and administrative custody |
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100 | (1) |
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8.4 Treatment in the CIEs and the absolute reservation of law |
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101 | (1) |
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8.5 The reserve of jurisdiction |
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102 | (2) |
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8.6 From the Centers of Identification and Expulsion to the Centers of Stay for Repatriation |
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104 | (1) |
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105 | (4) |
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9 Criminalization of irregular migration. Between the domestic courts and the Court of Justice of the European Union |
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109 | (12) |
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109 | (1) |
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9.2 Complexity of the Return Directive |
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110 | (1) |
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9.3 Return decision: voluntary departure or removal? |
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111 | (1) |
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9.4 Detention as a measure of last resort |
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112 | (1) |
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9.5 The CJEU interpretation |
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113 | (1) |
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9.6 El Dridi - on undocumented migrants' rights |
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113 | (2) |
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9.7 Achughbabian - impossibility of a prison sentence? |
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115 | (1) |
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9.8 Sagor - fines to penalize illegal stay? |
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116 | (1) |
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9.9 Mbaye - a different approach? |
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117 | (1) |
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117 | (4) |
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10 Boundaries and precision medicine in consanguineous migrant couples. Genetic counseling after the identification of fetal pathologies |
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121 | (12) |
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10.1 Consanguinity and genetic disorders |
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121 | (1) |
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10.2 Genetic counseling in consanguineous couples of migrants |
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122 | (1) |
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10.3 Genetic analysis, genetic counseling and psychiatric support in the MIGRAT.IN.G. project |
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122 | (1) |
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123 | (1) |
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10.5 Results of the talks with the seven migrant couples subjected to ethno-psychological evaluations and the administration of specific questionnaire by psychiatrists |
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123 | (1) |
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10.6 Interviews and statistical evaluations |
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123 | (5) |
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128 | (1) |
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10.8 Conclusions of the interviews conducted by the psychiatric team |
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129 | (4) |
| Part II: Crossing the borders |
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11 The offense of facilitating illegal immigration. Current questions about the constraints of the Italian jurisdiction |
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133 | (12) |
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11.1 The offense of facilitating illegal immigration |
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133 | (6) |
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11.2 The extension of the Italian jurisdiction to facilitation of illegal immigration |
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139 | (6) |
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12 Unaccompanied children in the EU. Towards a higher standard of protection and support for "Children on the Move" - unaccompanied minors-immigrants in the EU |
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145 | (18) |
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12.1 Structural inconsistencies in a fragmented legal framework |
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145 | (1) |
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12.2 Unaccompanied minors in the CEAS system |
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146 | (5) |
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12.3 The 2016 Proposal for Reform of the CEAS system regarding unaccompanied minors |
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151 | (7) |
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158 | (5) |
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13 The right to free legal aid for migrants. For effective access to justice |
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163 | (16) |
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13.1 Effective access to justice for all: the role of legal aid |
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163 | (1) |
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13.2 Legal aid in the human rights background: nature and content |
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164 | (2) |
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13.3 Free legal aid for migrants: a European perspective |
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166 | (6) |
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13.4 Legal aid in the prospective CEAS reform: one step forward and two steps back? |
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172 | (7) |
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14 Boundaries of identity and belonging in migration |
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179 | (14) |
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179 | (1) |
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14.2 In search of identity: a balancing act |
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179 | (2) |
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14.3 Boundaries or barriers? |
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181 | (2) |
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14.4 Identity or culture problems? |
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183 | (1) |
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184 | (3) |
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187 | (6) |
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15 Gaining and losing. Space crossing, identity perception and reinvention in 19th-Century Mediterranean exile |
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193 | (14) |
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193 | (4) |
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15.2 Sailing off and landing in the Mediterranean |
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197 | (3) |
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15.3 Dead men (and women) walking? |
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200 | (1) |
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201 | (6) |
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16 Time boundaries of identity |
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207 | (15) |
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16.1 Yesterday: an ordinary normality |
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207 | (1) |
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208 | (3) |
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211 | (3) |
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214 | (2) |
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216 | (1) |
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16.6 The present and the future |
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217 | (5) |
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17 Intellectual migrations and elites' formation beyond the boundaries. Foreign students, Jews and non-Jews, and Italian universities (1900-1940) |
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222 | (15) |
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17.1 A 'hidden' mobility phenomenon |
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222 | (2) |
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17.2 A general overview: trends and phases |
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224 | (1) |
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225 | (2) |
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17.4 Contradictory internationalization in the fascist era |
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227 | (3) |
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17.5 Jewish students: 'unwanted' guests |
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230 | (1) |
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17.6 Sources and archives |
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231 | (6) |
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237 | (16) |
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19 Crossing borders. Genetic mutations |
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253 | (12) |
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254 | (1) |
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19.2 Genetic heterogeneity |
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255 | (1) |
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19.3 Families and new mutations |
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255 | (1) |
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19.4 Geographic distributions |
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255 | (10) |
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20 Borders of identity. Return migration and failure in West Africa |
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265 | (14) |
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265 | (1) |
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20.2 Methodology and the state of the art |
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266 | (1) |
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20.3 Border crossing in West Africa: contemporary challenges |
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267 | (2) |
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20.4 Identity construction and de-construction: who is the returnee? |
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269 | (2) |
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20.5 The experience in Europe: expectations and failures |
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271 | (2) |
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20.6 Conclusion: a way forward |
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273 | (6) |
| Part III: Deleting the borders? |
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21 Genetic identities beyond conventional boundaries |
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279 | (12) |
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279 | (1) |
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280 | (1) |
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21.3 Migration in ancient times |
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281 | (1) |
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21.4 Migration in modern times |
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282 | (1) |
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21.5 Individual ancestral migrations |
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283 | (3) |
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21.6 Beyond the concept of biological race and conventional boundaries |
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286 | (5) |
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22 Migrat.In.G. "Migrations: towards an interdisciplinary governance model". Some considerations on the contribution of legal scholars to the Strategic Project of the University of Pavia |
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291 | (10) |
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23 Freedom of movement and new immigration rights |
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301 | (16) |
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23.1 A cosmopolitan theory between philosophy and law |
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301 | (2) |
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23.2 International humanitarian law as a starting point for a juridical cosmopolitan theory |
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303 | (7) |
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23.3 Freedom of movement and residence for migrants |
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310 | (4) |
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23.4 The conditions for a cosmopolitan theory |
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314 | (3) |
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24 International law as limit to States' discretion on migration and the urge for alternative legal pathways. Humanitarian corridors opened by private sponsors in Italy |
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317 | (28) |
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317 | (1) |
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24.2 Entrance, residence and expulsion: universal rules |
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318 | (2) |
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24.3 The legal status of migrants |
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320 | (2) |
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24.4 The status of refugee |
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322 | (2) |
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24.5 The international commitment to look for alternative legal pathways |
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324 | (7) |
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24.6 The compatibility of the model with Art. 25 of the Visa Code after the judgment X and X v. Belgium |
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331 | (2) |
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24.7 Which other legal basis under international law? |
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333 | (4) |
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24.8 Open issues for the spread of a virtuous practice in Europe |
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337 | (8) |
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25 Emigrations and immigrations in South America. Legal aspects |
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345 | (18) |
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25.1 Italy and Latin America in Giulio Cesare Buzzati's opening speech of the Academic Year at the University of Pavia (1906) |
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345 | (2) |
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25.2 Citizenship and immigration in Latin America: the prevalence of jus soli |
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347 | (1) |
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25.3 New migrations and migratory policies in Latin America |
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348 | (1) |
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25.4 Origins and establishment of the right to migrate in recent reforms |
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349 | (4) |
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353 | (1) |
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25.6 Hesitations and developmental perspectives in the Argentinian jurisprudence |
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354 | (2) |
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25.7 Minimal role of judges and applicative expectations of the Ecuadorian reform |
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356 | (2) |
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25.8 Content and perspectives of the right to migrate |
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358 | (5) |
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26 Experiencing and crossing borders through music |
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363 | (12) |
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26.1 Conditions experienced by irregular foreigners in Italy |
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364 | (2) |
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366 | (1) |
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367 | (1) |
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368 | (3) |
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26.5 To create harmonies from differences |
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371 | (4) |
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27 Free voices beyond the borders. The experience of the Italian exiles in Radio Londra (1940-1945) |
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375 | (12) |
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27.1 The 'war of words' and the role of the BBC |
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375 | (2) |
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27.2 Enemy aliens or resources? The management of the foreign staff |
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377 | (2) |
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27.3 The Italian Service: organization and staff |
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379 | (1) |
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27.4 Speaking to Italy beyond the border: the topics of the radio broadcasts |
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380 | (4) |
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27.5 Radio Londra, an experience of democracy |
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384 | (3) |
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28 The great migration game. Who wins and who loses? |
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387 | (12) |
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387 | (2) |
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28.2 The consequences for the societies of departure |
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389 | (2) |
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28.3 Effects on host countries |
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391 | (3) |
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28.4 Managing the phenomenon of migration: errors and omissions |
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394 | (2) |
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28.5 The great game and its consequences |
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396 | (3) |
| Index |
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399 | (18) |
| Contributors |
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417 | |
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