Mass Refugee Influx And The Limits Of Public International Law

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Mass Refugee Influx and the Limits of Public International Law

Author : Ann Vibeke Eggli
Publisher : BRILL
Page : 343 pages
File Size : 51,6 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004503069

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Mass Refugee Influx and the Limits of Public International Law by Ann Vibeke Eggli Pdf

Situations of mass refugee influx represent by their very size and urgency daunting evidence of human suffering and cruelty. Consequently, the level and quality of refugee protection in times of crisis is tested. The choices to be made have to take into due consideration the prevalent conditions and restraints. They will probably always result in compromises. The question is whom or what the compromises are about? The focus in the present volume has been set on a detailed examination of some legal preconceptions commonly found in situations of mass refugee in-migration. The author concludes that situations when refugees arrive en masse do not, as a rule, qualify as a public emergency that threatens the life of the nation under contemporary international human rights law, and that mass expulsion of refugees as an emergency measure is prohibited at all times when this entails the risk of violating rights immune to derogation.

The Refugee in International Law

Author : Guy S. Goodwin-Gill,Jane McAdam
Publisher : Oxford University Press, USA
Page : 858 pages
File Size : 49,9 Mb
Release : 2007
Category : Law
ISBN : UOM:39015069352659

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The Refugee in International Law by Guy S. Goodwin-Gill,Jane McAdam Pdf

Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.

Temporary Protection in Law and Practice

Author : Meltem Ineli-Ciger
Publisher : BRILL
Page : 297 pages
File Size : 51,8 Mb
Release : 2017-12-01
Category : Law
ISBN : 9789004327535

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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.

The Refugee in International Law

Author : Guy S. Goodwin-Gill,Jane McAdam
Publisher : Oxford University Press
Page : 865 pages
File Size : 55,8 Mb
Release : 2021-09-09
Category : Law
ISBN : 9780192536501

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The Refugee in International Law by Guy S. Goodwin-Gill,Jane McAdam Pdf

The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.

The Oxford Handbook of International Law in Armed Conflict

Author : Andrew Clapham,Paola Gaeta,Tom Haeck,Alice Priddy
Publisher : OUP Oxford
Page : 1009 pages
File Size : 53,7 Mb
Release : 2014-03-13
Category : Law
ISBN : 9780191632693

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The Oxford Handbook of International Law in Armed Conflict by Andrew Clapham,Paola Gaeta,Tom Haeck,Alice Priddy Pdf

Over the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces crucial concepts in humanitarian law: the use of weapons, proportionality, the principle of distinction, and internal armed conflict. Part V looks at rights issues: life, torture, fair trials, the environment, economic, social and cultural rights, the protection of cultural property, and the human rights of members of the armed forces. Part VI covers key issues in times of conflict: the use of force, terrorism, unlawful combatants, mercenaries, forced migration, and issues of gender. Part VII deals with accountability for war crimes, the responsibility of non-state actors, compensation before national courts, and, finally, transitional justice.

International Legal Norms and Migration

Author : Thomas Alexander Aleinikoff,International Organization for Migration
Publisher : UN
Page : 62 pages
File Size : 54,8 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105112967000

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International Legal Norms and Migration by Thomas Alexander Aleinikoff,International Organization for Migration Pdf

Offprint and the introductory chapter of a monograph to appear under the title : Migration and international legal norms, edited by T. Alexander Aleinikoff and Vincent Chetail, published by T.M.C. Asser Press in early 2003.

Exploring the Boundaries of Refugee Law

Author : Jean-Pierre Gauci,Mariagiulia Giuffré,Evangelia (Lilian) Tsourdi
Publisher : Hotei Publishing
Page : 355 pages
File Size : 48,9 Mb
Release : 2015-04-17
Category : Law
ISBN : 9789004265585

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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.

The Rights of Refugees under International Law

Author : James C. Hathaway
Publisher : Cambridge University Press
Page : 1453 pages
File Size : 52,7 Mb
Release : 2021-04-22
Category : Law
ISBN : 9781108495899

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The Rights of Refugees under International Law by James C. Hathaway Pdf

The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.

The Regional Law of Refugee Protection in Africa

Author : Marina Sharpe
Publisher : Oxford University Press
Page : 250 pages
File Size : 50,9 Mb
Release : 2018-07-19
Category : Law
ISBN : 9780192560681

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The Regional Law of Refugee Protection in Africa by Marina Sharpe Pdf

This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part One analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1981 African Charter on Human and Peoples Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Conventions drafting, an interpretation of its unique refugee definition and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and complementary relationships between the two refugee instruments, as well as to the relationships between the African Refugee Convention and African Charter. Part Two focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples Rights and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.

Immigration and Asylum [3 volumes]

Author : Matthew J. Gibney,Randall Hansen
Publisher : Bloomsbury Publishing USA
Page : 1124 pages
File Size : 55,8 Mb
Release : 2005-06-21
Category : Political Science
ISBN : 9781576077979

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Immigration and Asylum [3 volumes] by Matthew J. Gibney,Randall Hansen Pdf

A comprehensive and timely examination of the history and current status of immigrants and refugees—their stories, the events that led to their movement, and the place of these movements in contemporary history and politics. Immigration and Asylum: From 1900 to the Present is an accessible and up-to-date introduction to the key concepts, terms, personalities, and real-world issues associated with the surge of immigration from the beginning of the 20th century to the present. It focuses on the United States, but is also the first encyclopedic work on the subject that reflects a truly global perspective. With contributions from the world's foremost authorities on the subject, Immigration and Asylum offers nearly 200 entries organized around four themes: immigration and asylum; the major migrating groups around the world; expulsions and other forced population movements; and the politics of migration. In addition to basic entries, the work includes in-depth essays on important trends, events, and current conditions. There is no better resource for exploring just how profoundly the voluntary and forced movement of asylum seekers and refugees has transformed the world—and what that transformation means to us today.

Community Interests Across International Law

Author : Eyal Benvenisti,Georg Nolte
Publisher : Oxford University Press
Page : 560 pages
File Size : 52,7 Mb
Release : 2018-05-10
Category : Law
ISBN : 9780192558909

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Community Interests Across International Law by Eyal Benvenisti,Georg Nolte Pdf

This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.

Human Rights and Refugees, Internally Displaced Persons and Migrant Workers

Author : Anne Fruma Bayefsky,Joan M. Fitzpatrick,Arthur C. Helton
Publisher : BRILL
Page : 630 pages
File Size : 52,8 Mb
Release : 2006
Category : Political Science
ISBN : 9789004144835

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Human Rights and Refugees, Internally Displaced Persons and Migrant Workers by Anne Fruma Bayefsky,Joan M. Fitzpatrick,Arthur C. Helton Pdf

Examines the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts; due process issues from Europe, Canada and the United States, and the special needs of migrant workers.

Asylum Law in the European Union

Author : Francesco Cherubini
Publisher : Routledge
Page : 300 pages
File Size : 45,6 Mb
Release : 2014-11-13
Category : Law
ISBN : 9781317804451

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Asylum Law in the European Union by Francesco Cherubini Pdf

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

International Law

Author : Boleslaw Adam Boczek
Publisher : Scarecrow Press
Page : 538 pages
File Size : 55,5 Mb
Release : 2005
Category : Law
ISBN : 0810850788

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International Law by Boleslaw Adam Boczek Pdf

The system of public international law has reached a major turning point in its history and is confronting serious challenges generated by a variety of developments unfolding in the structure of the international society. This Dictionary acquaints legal and other professionals, students, and interested general readers with the basic tenets of public international law, combining the features of both a brief encyclopedic dictionary and a textbook in clear, understandable language. A list of acronyms and abbreviations; a glossary of Latin phrases; a chronology that offers a historical perspective by listing major developments relating to international law throughout the centuries; a table of cases with references to entries; and a list of the 373 entries precede the main text. The survey of international law is organized into nine chapters. Chapter I contains the usual introductory topics found in international law textbooks: the nature of this law, its sources, the relationship between international and national ("municipal") law, and some other general problems. Chapters II-VIII deal with matters coming within the scope of the "law of peace," organized according to the framework consisting of: states, individuals, spatial context, and interaction. Chapter IX, whose subject unfortunately becomes ever more relevant, describes the rules governing the conduct of warfare, that is, international humanitarian law. Numerous cross-references in bold lead the reader to appropriate entries, and the abundant references to primary sources, mostly treaties and court cases, enable the reader to locate the materials needed for research. The selective bibliography includes books, research aids, textbooks, and casebooks, as well as recent books on special international law topics. This Dictionary is a useful addition to both public and academic libraries, including, in particular, libraries of law schools. The format of the book allows it to be used as a reference guide for legal professionals, scholars inter

The Evolution of Humanitarian Protection in European Law and Practice

Author : Liv Feijen
Publisher : Cambridge University Press
Page : 249 pages
File Size : 48,5 Mb
Release : 2021-04
Category : History
ISBN : 9781108483483

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The Evolution of Humanitarian Protection in European Law and Practice by Liv Feijen Pdf

Humanitarian protection has evolved from an act of charity into a legal obligation not to remove certain categories of non-nationals.