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Chinese Refugee Law offers a comprehensive, up-to-date, and readily-accessible reference to Chinese refugee law and focuses on legal theories, practical issues and law making. It provides the necessary detail, insight and background information for a thorough understanding of this complex system.
Conventionally, US immigration history has been understood through the lens of restriction and those who have been barred from getting in. In contrast, The Good Immigrants considers immigration from the perspective of Chinese elites—intellectuals, businessmen, and students—who gained entrance because of immigration exemptions. Exploring a century of Chinese migrations, Madeline Hsu looks at how the model minority characteristics of many Asian Americans resulted from US policies that screened for those with the highest credentials in the most employable fields, enhancing American economic competitiveness. The earliest US immigration restrictions targeted Chinese people but exempted students as well as individuals who might extend America's influence in China. Western-educated Chinese such as Madame Chiang Kai-shek became symbols of the US impact on China, even as they patriotically advocated for China's modernization. World War II and the rise of communism transformed Chinese students abroad into refugees, and the Cold War magnified the importance of their talent and training. As a result, Congress legislated piecemeal legal measures to enable Chinese of good standing with professional skills to become citizens. Pressures mounted to reform American discriminatory immigration laws, culminating with the 1965 Immigration Act. Filled with narratives featuring such renowned Chinese immigrants as I. M. Pei, The Good Immigrants examines the shifts in immigration laws and perceptions of cultural traits that enabled Asians to remain in the United States as exemplary, productive Americans.
The 1949 Chinese Communist Revolution is a subject of inexhaustible historical interest, but the plight of millions of Chinese who fled China during this tumultuous period has been largely forgotten. Elusive Refuge recovers the history of China’s twentieth-century refugees. Focusing on humanitarian efforts to find new homes for Chinese displaced by civil strife, Laura Madokoro points out a constellation of factors—entrenched bigotry in countries originally settled by white Europeans, the spread of human rights ideals, and the geopolitical pressures of the Cold War—which coalesced to shape domestic and international refugee policies that still hold sway today. Although the United States, Canada, Australia, New Zealand, and South Africa were home to sizeable Asian communities, Chinese migrants were a perpetual target of legislation designed to exclude them. In the wake of the 1949 Revolution, government officials and the broader public of these countries questioned whether Chinese refugees were true victims of persecution or opportunistic economic migrants undeserving of entry. It fell to NGOs such as the Lutheran World Federation and the World Council of Churches to publicize the quandary of the vast community of Chinese who had become stranded in Hong Kong. These humanitarian organizations achieved some key victories in convincing Western governments to admit Chinese refugees. Anticommunist sentiment also played a role in easing restrictions. But only the plight of Southeast Asians fleeing the Vietnam War finally convinced the United States and other countries to adopt a policy of granting permanent residence to significant numbers of refugees from Asia.
Lacking a single immigration code, Chinese immigration law is widespread, encompassing a variety of laws, regulations and policies, some of which are internal and closed. There is also no immigration cases system. These factors have combined to make the study and understanding of the system difficult for those outside or unfamiliar with this area of Chinese law. To add to this complexity, since the reform and opening-up policy in 1978, Chinese immigration law has been experiencing significant change. In particular, that brought about by the acceptance of a market economy in 1991, and with access to World Trade Organization membership in 2001. Due to the dilation of the legislation, the issue of conflict between Chinese immigration law and other Chinese laws has become serious. This book provides a comprehensive, up-to-date, and readily-accessible reference to Chinese immigration law. It provides the necessary detail, insight and background information for a thorough understanding of this complex system. The book has been written on the basis of Chinese statutes while also including coverage of the relevant international instruments. The work draws on and compares Chinese and English language sources, making it an invaluable resource for both Chinese and non-Chinese readers alike.
The Right to Leave and Return and Chinese Migration Law by Guofu Liu Pdf
Although the Right to Leave and Return (RLR) is a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws. In the case of China, the country’s communist political system has significantly affected the development of RLR and the country’s approach to it. As a rule, China’s approach is restrictive. As part of its reform and ‘opening up’ policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its past and its complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world. The Right to Leave and Return (RLR) and Chinese Migration Law provides a comprehensive and systematic review of the RLR in international and Chinese migration law. It has been written on the basis of Chinese statutes pertinent to the RLR, also of relevant international instruments and key cases. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.
This book examines Southeast Asia's rejection of international refugee law through extensive archival analysis and argues that this rejection was shaped by the region’s response to its largest refugee crisis in the post-1945 era: the Indochinese refugee crisis from 1975-1996.
Chinese-Canadians, Canadian-Chinese by Guang Tian Pdf
This work examines how mainland Chinese refugees (MCRs) under diaspora conditions, indentify themselves and adapt to their new environment in Canada. It probes how MCRs draw upon and reflect transnational social fields or imagined communities.
Protection of Refugees and Displaced Persons in the Asia Pacific Region by Angus Francis,Rowena Maguire Pdf
The chapters in this book explore the impact of recent shifts in global and regional power and the subsequent development and enforcement of international refugee protection standards in the Asia Pacific region. Drawing on their expertise across a number of jurisdictions, the contributors assess the challenges confronting the implementation of international law in the region, as well as new opportunities for extending protection norms into national and regional dialogues. The case studies span key jurisdictions across the region and include a comparative analysis with China, Indonesia, Thailand, Myanmar, Malaysia, Bangladesh and Australia. This topical and important book raises critical questions for the Asia Pacific region and sheds light on the challenges confronting the protection of refugees and displaced persons in this area. Interdisciplinary in its approach, it will be of interest to academics, researchers, students and policy-makers concerned with the rights and protection of refugees.
Beth Lew-Williams shows how American immigration policies incited violence against Chinese workers, and how that violence provoked new exclusionary policies. Locating the origins of the modern American "alien" in this violent era, she makes clear that the present resurgence of xenophobia builds mightily upon past fears of the "heathen Chinaman."
Nànmín is about China's refugee policy and the country's treatment of refugees' from different ethnicities, besides China's engagement with the United Nations High Commissioner for Refugees (UNHCR). Despite China being a party to the 1951 Refugee Convention and the 1967 Protocol, it has no domestic definition of a refugee. China in fact has not prioritized a refugee policy. Though the country has emphasized addressing the root causes of the refugee crises, it has often failed in terms of refugee convention and protocol. China, being the second-largest economy in the world, should make an effort in treating all refugees equally. As the refugee crisis is set to increase at an unprecedented rate in the Post-COVID world, a comprehensive review of China's refugee policy is the need of the hour for its reputation at the global stage.
America's Arab Refugees is a timely examination of the world's worst refugee crisis since World War II. Tracing the history of Middle Eastern wars—especially the U.S. military interventions in Iraq and Afghanistan—to the current refugee crisis, Marcia C. Inhorn examines how refugees fare once resettled in America. In the U.S., Arabs are challenged by discrimination, poverty, and various forms of vulnerability. Inhorn shines a spotlight on the plight of resettled Arab refugees in the ethnic enclave community of "Arab Detroit," Michigan. Sharing in the poverty of Detroit's Black communities, Arab refugees struggle to find employment and to rebuild their lives. Iraqi and Lebanese refugees who have fled from war zones also face several serious health challenges. Uncovering the depths of these challenges, Inhorn's ethnography follows refugees in Detroit suffering reproductive health problems requiring in vitro fertilization (IVF). Without money to afford costly IVF services, Arab refugee couples are caught in a state of "reproductive exile"—unable to return to war-torn countries with shattered healthcare systems, but unable to access affordable IVF services in America. America's Arab Refugees questions America's responsibility for, and commitment to, Arab refugees, mounting a powerful call to end the violence in the Middle East, assist war orphans and uprooted families, take better care of Arab refugees in this country, and provide them with equitable and affordable healthcare services.
Gender and Refugee Status by Thomas Spijkerboer Pdf
This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status. In the past decade, the issue has received increasing attention in academic writing, the media and the courtroom. This book contains an interdisciplinary analysis. The empirical data, collected for this study and not published previously, concerns Dutch asylum practice. The Netherlands is a prominent refugee-receiving country in Europe, yet hardly any English texts address Dutch refugee law. The book also covers foreign case law and academic writing. Therefore, the analysis is relevant for all refugee-receiving countries in the Western world; the empirical data on The Netherlands functions as a case study. The book combines perspectives of post-structuralist feminism and post-colonial studies. Refugee women are constructed as a double other. This intersectionality is related to the construction of the Third World as feminine (passive, in need of active outside intervention etc., etc.). The book provides a comprehensive overview of academic writing and of case law on the subject. On this basis of theoretical perspectives that were almost ignored until now, it develops an innovative critique of refugee law discourse and outlines its possible consequences for legal doctrine.
The International Organization for Migration by Martin Geiger,Antoine Pécoud Pdf
In 2016, the International Organization for Migration (IOM) became part of the United Nations. With 173 member states and more than 400 field offices, the IOM—the new ‘UN migration agency’—plays a key role in migration governance. The contributors in this volume provide an in-depth and comprehensive insight into the IOM, its transformation, current structure and projects, as well as its capacity, self-understanding and political agenda.