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Exploring the Boundaries of Refugee Law by Jean-Pierre Gauci,Mariagiulia Giuffré,Evangelia (Lilian) Tsourdi Pdf
This edited volume focuses on current challenges in refugee law and global displacement. It is based on cutting-edge research on a series of legal and quasi-legal issues, in the field of forced migration at the national, regional, and international level.
Temporary Protection in Law and Practice by Meltem Ineli-Ciger Pdf
In Temporary Protection in Law and Practice, Meltem Ineli-Ciger provides guidance to states on how to implement a viable temporary protection regime in line with international law by analysing temporary protection laws and policies in Europe, Southeast Asia, Turkey and the United States.
Blurring Boundaries: Human Security and Forced Migration by Stefan Salomon,Lisa Heschl,Gerd Oberleitner,Wolfgang Benedek Pdf
In Blurring Boundaries scholars from law and social sciences offer a critical account of the main topics of forced migration and advance a much-needed fresh view on forced migration through the lens of human security.
The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The refugee’s rights to due process and the substance of entitlements at law are explored in essays that range across administrative processes; social and cultural rights, including family reunion; detention; and the right of return. There follow four essays that address sexual orientation and refugee rights; refugees and disability rights; human rights and persons displaced by climate change disasters; and the rights of victims of human trafficking. The volume concludes with work reflecting on the rights discourse outside of traditional ’Western’ theatres. These cover Africa (Kenya), India, South America (Brazil) and the Asia-Pacific (Indonesia and Papua New Guinea).
Refuge in a Moving World by Elena Fiddian-Qasmiyeh Pdf
Refuge in a Moving World draws together more than thirty contributions from multiple disciplines and fields of research and practice to discuss different ways of engaging with, and responding to, migration and displacement. The volume combines critical reflections on the complexities of conceptualizing processes and experiences of (forced) migration, with detailed analyses of these experiences in contemporary and historical settings from around the world. Through interdisciplinary approaches and methodologies – including participatory research, poetic and spatial interventions, ethnography, theatre, discourse analysis and visual methods – the volume documents the complexities of refugees’ and migrants’ journeys. This includes a particular focus on how people inhabit and negotiate everyday life in cities, towns, camps and informal settlements across the Middle East and North Africa, Southern and Eastern Africa, and Europe.
International Migration and Refugee Law. Does Germany's Migration Policy Toward Syrian Refugees Comply? by Jasmin Lilian Diab Pdf
Germany will spend around $6.6 billion to cope with an estimated 800,000 refugees expected to have entered the country in the year 2016; this reality indeed extending further into 2017. Despite this overwhelming number of people entering the country, Chancellor Angela Merkel stated that there is “no legal limit to the number of asylum seekers Germany will take in in the coming years.” The announcement by Merkel’s coalition government followed Germany and Austria opening their borders to the large numbers of refugees making their way north and west from the Middle East, Africa and elsewhere. In particular, this statement came after the Syrian refugee crisis created the biggest refugee crisis the world has seen since the Second World War. Germany is seen as the immigration hub of Europe. It also happens to be the second most popular destination for immigrants after the United States of America. Germany is also the country in Europe with the highest numbers of foreign nationals to date. Germany established a new immigration law in 2005 which was born out of a realization that it was coming to terms with a demographic crisis stemming from an ageing population and further complimented by a sharp decline of national birth rates. In foresight, and within this unfortunate context, migration was seen by much of the German political class as an economic necessity, and the answer to the German economic and demographic time bomb. Between the years 2009 and 2014, annual net migration in Germany rose from 100,000 to 580,000 individuals. Moreover, the inflow of foreign nationals increased from 266,000 to 790,000 individuals. As of January 2015, approximately 10% of residents in Germany were foreign nationals, with around 12% born outside the country. Naturally, these figures have all risen significantly following Merkel’s decision to allow what has reached one million refugees and migrants into Germany across 2016 and moving into 2017. Moving from this reality, the research will focus on the importance of the compliance of Germany’s migration policy with International Refugee and Migration Law, as it is crucial for the country’s survivability and move forward throughout this phase of its history. The importance of the research lies in whether or not Germany’s migration policy towards the Syrian Refugees in particular complies with its duties toward international law embodied in the treaties and conventions it has committed to.
International Refugee Law and the Protection of Stateless Persons by Michelle Foster,Hélène Lambert Pdf
International Refugee Law and the Protection of Stateless Persons examines the extent to which the 1951 Convention relating to the Status of Refugees protects de jure stateless persons. While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status. The questions addressed include the following: When is a person 'without a nationality' for the purpose of the 1951 Refugee Convention? What constitutes one's country of former habitual residence as a proxy to one's country of nationality? When does being stateless give rise to a well-founded fear of persecution for reasons specified in the 1951 Refugee Convention and/or UNHCR mandate? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? How are courts assessing individual risk or threat to stateless persons? The book draws on historical and contemporary interpretation of international law based on the travaux préparatoires to the 1951 Refugee Convention and its antecedents, academic writing, UNHCR policy and legal documents, UN Human Rights Council resolutions, UN Human Rights Committee general comments, UN Secretary General reports, and UN General Assembly resolutions. It is also based on original comparative analysis of existing jurisprudence worldwide relating to claims to refugee status based on or around statelessness. By examining statelessness through the prism of international refugee law, this book fills a critical gap in existing scholarship.
Author : James C. Hathaway Publisher : Edward Elgar Publishing Page : 0 pages File Size : 44,5 Mb Release : 2013 Category : Asylum, Right of ISBN : 1781009392
Human Rights and Refugee Law by James C. Hathaway Pdf
This comprehensive collection of leading scholarship examines the strengths of, and challenges faced by, international refugee law over its nearly century-long existence. Following an original introduction by Professor Hathaway, Volume I addresses the questions of the political and ethical reasons that states have agreed to implement refugee protection in international law; the conceptual boundaries of refugee status; and the systems and structures by which refugee rights are implemented. Volume II takes up the nature of contemporary challenges to the refugee law regime, and examines leading proposals to revitalize and reform international refugee law in order to sustain its vitality in modern circumstances.
'Boat Refugees' and Migrants at Sea: A Comprehensive Approach by Violeta Moreno-Lax,Efthymios Papastavridis Pdf
This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.
Research Handbook on International Refugee Law by Satvinder Singh Juss Pdf
In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.
Comparative Regional Protection Frameworks for Refugees by Susan Kneebone Pdf
This collection focuses on regional approaches to refugee protection, and specifically upon the norms, and the norm entrepreneurs of those approaches. It considers how recent crises in refugee protection (such as the Syrian and Andaman Sea crises) have highlighted the strengths and limits of regional approaches to refugee protection and the importance of looking closely at the underlying norms, and the identities and activities of the relevant ‘norm entrepreneurs’ at the regional level. It compares the norms of refugee protection that have evolved in three regions: the EU, Latin America and the South East Asian region, to identify which norms of refugee protection have been ‘internalised’ in the three regional contexts and to contextualise the processes. The authors demonstrate the need for awareness of the roles of different norm ‘entrepreneurs’ such as states, international organisations and civil society, in developing and promoting basic norms on refugee protection. This book was originally published as a special issue of The International Journal of Human Rights.
Human Rights and The Revision of Refugee Law by Romit Bhandari Pdf
This book addresses the relationship between International Refugee Law and International Human Rights Law. Using international refugee law’s analytical turn to human rights as its object of inquiry, it represents a critical intervention into the revisionism that has led to conceptual fragmentation and restrictive practices. Mainstream literature in refugee law reflects a mood of celebration, a narrative of progress which praises the discipline’s rescue from obsolescence. This is commonly ascribed to its repositioning alongside human rights law, its veritable rediscovery as an arm of this far greater edifice. By using human rights logic to construct the current legal paradigm and inform us of who qualifies as a refugee, this purportedly lent areas of conceptual uncertainty a set of objective, modern criteria and increased enfranchisement to new, non-traditional claimants. The present work challenges this dominant position by finding the untold limits of its current paradigm. It stands alone in this orientation and hereby represents one of the most comprehensive, heterodox and structurally detailed reviews of this connection. The exploration of the gap between modern approaches and the unsatisfactory realities of seeking asylum forms the substance of this book. It asserts, by contrast, the existence of revolution rather than evolution. Human rights law has erased the founding tenets of the Refugee Convention, enabling powerful states to contain refugees in their region of origin. The book will be essential reading for those interested in Refugee Law, Refugee Studies, Postcolonial Legal Studies, Postmodern Critiques and Critical Legal Theory. Additionally, given its relevance for the adjudication of refugee claims, it will be an important resource for solicitors, barristers and judges.
The Internal Protection Alternative in Refugee Law by Jessica Schultz Pdf
The Internal Protection Alternative in Refugee Law addresses the legal conditions under which a refugee claimant may be returned to a safe area within her country of origin.
The Oxford Handbook of International Refugee Law by Cathryn Costello,Michelle Foster,Jane McAdam Pdf
This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.