States The Law And Access To Refugee Protection

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States, the Law and Access to Refugee Protection

Maria O'Sullivan,Dallal Stevens
States the Law and Access to Refugee Protection Book PDF

Author : Maria O'Sullivan,Dallal Stevens
Publisher : Bloomsbury Publishing
Page : 398 pages
File Size : 47,6 Mb
Release : 2017-03-23
Category : Law
ISBN : 9781509901302

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States, the Law and Access to Refugee Protection by Maria O'Sullivan,Dallal Stevens Pdf

This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure – which the editors have termed 'access to justice'. To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law.

The Refugee in International Law

Guy S. Goodwin-Gill,Jane McAdam
The Refugee in International Law Book PDF

Author : Guy S. Goodwin-Gill,Jane McAdam
Publisher : Oxford University Press
Page : 847 pages
File Size : 50,5 Mb
Release : 2007
Category : Law
ISBN : 9780199281305

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

The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis.

Refugee Protection

Kate Jastram,Marilyn Achiron
Refugee Protection Book PDF

Author : Kate Jastram,Marilyn Achiron
Publisher : Unknown
Page : 154 pages
File Size : 54,8 Mb
Release : 2001
Category : Asylum, Right of
ISBN : STANFORD:36105062989574

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Refugee Protection by Kate Jastram,Marilyn Achiron Pdf

2. The role of UNHCR

Temporary Protection in Law and Practice

Meltem Ineli-Ciger
Temporary Protection in Law and Practice Book PDF

Author : Meltem Ineli-Ciger
Publisher : BRILL
Page : 297 pages
File Size : 52,7 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.

Let Me be a Refugee

Rebecca Hamlin
Let Me be a Refugee Book PDF

Author : Rebecca Hamlin
Publisher : Oxford University Press, USA
Page : 249 pages
File Size : 40,8 Mb
Release : 2014
Category : Law
ISBN : 9780199373314

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Let Me be a Refugee by Rebecca Hamlin Pdf

"This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations. Despite similarly high levels of political resistance to accepting asylum seekers, because administrative justice is conceptualized and organized differently in every state, they vary in how they draw the line between refugee and non-refugee"--

Reconceiving International Refugee Law

James C. Hathaway
Reconceiving International Refugee Law Book PDF

Author : James C. Hathaway
Publisher : BRILL
Page : 204 pages
File Size : 46,6 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789004635852

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Reconceiving International Refugee Law by James C. Hathaway Pdf

Violence and other human rights abuses continue to force desperate people to migrate in search of protection. Yet because the political and economic reasons that induced an historical openness to the arrival of refugees have largely withered away, there is no longer a guarantee that any state will be prepared to receive these involuntary migrants. Governments of both North and South are withdrawing from the international legal duty to provide potentially indefinite protection to any and all refugees who arrive at their borders. The challenge is to reconceive refugee protection in a way that is reconcilable with the legitimate concerns of modern states, yet which does not sacrifice the critical right of at-risk people to seek asylum. The essays in Reconceiving International Refugee Law offer a response to the concerns of many states that refugee protection has become no more than a `back door' route to permanent immigration, and that its costs are not fairly apportioned among states. Drawing on the research of leading migration scholars from around the world, and vetted through dialogue with senior officials and non-governmental experts, this volume explores the potential for a shift to a robust and empowering system of temporary asylum, supported by a pragmatic system of guarantees to share both the costs and human responsibilities of refugee protection.

Refugee Law and Durability of Protection

Maria O’Sullivan
Refugee Law and Durability of Protection Book PDF

Author : Maria O’Sullivan
Publisher : Routledge
Page : 250 pages
File Size : 47,6 Mb
Release : 2019-05-08
Category : Law
ISBN : 9781351399173

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Refugee Law and Durability of Protection by Maria O’Sullivan Pdf

This book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention. In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law.

New Asylum Countries?

Rosemary Byrne,Gregor Noll,Jens Vedsted-Hansen
New Asylum Countries Book PDF

Author : Rosemary Byrne,Gregor Noll,Jens Vedsted-Hansen
Publisher : BRILL
Page : 485 pages
File Size : 41,6 Mb
Release : 2002-01-01
Category : Law
ISBN : 9789047403074

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New Asylum Countries? by Rosemary Byrne,Gregor Noll,Jens Vedsted-Hansen Pdf

How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This volume is about the transformation of asylum in Europe in the context of the EU enlargement process. This transformation involves norms, as well as the procedures and resources for their implementation. In the candidate countries, as in the west, the process of transformations is marked by the tension between the interests of protection and migration control. Through their comprehensive analysis, the authors illuminate the legal and political dynamics which underlie this tension. Chapters trace the complex patterns of national, sub-regional and EU law and policy that are driving the future of asylum in an expanded Europe. This allows for reflection on what the transformation process tells us about the current EU asylum acquis, and what it tells us about the prospects for refugee protection in the new frontier states and beyond. This book is the result of a three year study carried out by academics and practitioners from the candidate countries, current Member States, and international organizations. It explores the evolution of refugee policy and practice in a changing Europe.

International Refugee Law

Hne Lambert
International Refugee Law Book PDF

Author : Hne Lambert
Publisher : Routledge
Page : 554 pages
File Size : 40,6 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351562218

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International Refugee Law by Hne Lambert Pdf

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.

The Global Reach of European Refugee Law

Hélène Lambert,Jane McAdam,Maryellen Fullerton
The Global Reach of European Refugee Law Book PDF

Author : Hélène Lambert,Jane McAdam,Maryellen Fullerton
Publisher : Cambridge University Press
Page : 341 pages
File Size : 52,8 Mb
Release : 2013-09-05
Category : Law
ISBN : 9781107041752

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The Global Reach of European Refugee Law by Hélène Lambert,Jane McAdam,Maryellen Fullerton Pdf

Examination of the worldwide emulation of key norms of European refugee protection through transnational processes and actors.

Refugees Are (Not) Welcome Here

Azar Masoumi
Refugees Are Not Welcome Here Book PDF

Author : Azar Masoumi
Publisher : UBC Press
Page : 226 pages
File Size : 51,5 Mb
Release : 2023-12-01
Category : Social Science
ISBN : 9780774868747

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Refugees Are (Not) Welcome Here by Azar Masoumi Pdf

State-controlled refugee protection in Canada has gone through paradoxical developments in recent decades. While refugee rights have expanded, access to these rights has tightened. Previously unrecognized groups – such as women experiencing gender-based violence and LGBT populations – are now considered legitimate refugees. Yet, the implementation of stringent administrative measures has made it harder for refugees to secure protection. Refugees Are (Not) Welcome Here draws on archival and media sources, interviews, and organizational data to examine how refugee claims are administered within a complex and contradictory regime that maintains significant legal and bureaucratic silos. Azar Masoumi explains why state-controlled refugee protection persists despite its many failures, not only in Canada but globally. This rigorous study deftly argues that the paradoxical interplay between refugee law and claim-processing bureaucracies is symptomatic of a larger illogic: reliance on the exclusivist mechanisms of the nation-state to ensure the universal application of rights. Ultimately, this book illuminates just how this paradox has turned refugee protection into an unfulfilled promise.

Switzerland and the International Protection of Refugees, La Suisse et la protection internationale des refugiés

Vera Gowlland-Debbas,Vincent Chetail
Switzerland and the International Protection of Refugees La Suisse et la protection internationale des refugi s Book PDF

Author : Vera Gowlland-Debbas,Vincent Chetail
Publisher : BRILL
Page : 293 pages
File Size : 51,5 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481077

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Switzerland and the International Protection of Refugees, La Suisse et la protection internationale des refugiés by Vera Gowlland-Debbas,Vincent Chetail Pdf

The present volume highlights the new challenges of the international protection of refugees fifty years after the adoption of the 1951 Geneva Convention relating to the Status of Refugees. Focusing on the problems faced by Switzerland in the field of international protection of refugees as well as on the specificity of its asylum law and practice, this publication addresses the refugee problem from a national, European and international perspective. The Swiss experience serves to illustrate the wider problematic of on the one hand, the tensions between security, political and humanitarian concerns encountered by refugee-receiving states, and on the other, the need to preserve an international refugee protection regime which remains an essential component of international law and relations for so long as political solutions are not brought to the root causes of refugee exodus. This reflection on the international protection of refugees is organized around four main themes. The first examines Switzerland's response in the past to mass influx, in the light of historical case studies and the evolution of Swiss asylum law and practice. The second focuses on the question of access of refugees to asylum territories and refugee status determination procedures within the framework of the 1951 Convention on the Status of Refugees and the current Swiss asylum law. The third centres on the wider protection regime currently being forged in Europe to address a broader category of refugees, including solutions for temporary and subsidiary protection. The final theme revolves around return of refugees, including those under the Dayton and recent Kosovo agreements and covers reintegration of returnees, assistance and long-term development. This work is based on papers presented at a colloquium of the Graduate Institute of the International Studies in Geneva which was organised in collaboration with the Office of the United Nations High Commissioner for Refugees as a contribution to the 50th anniversaries of the UNHCR and the Geneva Convention relating to the Status of Refugees.

Refugee Protection and the Role of Law

Susan Kneebone,Dallal Stevens,Loretta Baldassar
Refugee Protection and the Role of Law Book PDF

Author : Susan Kneebone,Dallal Stevens,Loretta Baldassar
Publisher : Routledge
Page : 338 pages
File Size : 40,9 Mb
Release : 2014-06-27
Category : Law
ISBN : 9781135046910

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Refugee Protection and the Role of Law by Susan Kneebone,Dallal Stevens,Loretta Baldassar Pdf

Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

The Right to Seek Refugee Status in the European Union

Sylvie Da Lomba
The Right to Seek Refugee Status in the European Union Book PDF

Author : Sylvie Da Lomba
Publisher : Intersentia nv
Page : 338 pages
File Size : 46,8 Mb
Release : 2004
Category : Asylum, Right of
ISBN : 9789050953498

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The Right to Seek Refugee Status in the European Union by Sylvie Da Lomba Pdf

This book measures EC/EU asylum initiatives against international refugee and human rights standards and makes law reform proposals to ensure compliance with international standards. It identifies four areas of concern: the interpretation of the 1951 Convention definition of a refugee; access to asylum procedures; the establishment of fair and effective procedures; and the asylum seekers' status pending the determination of their asylum claims. The author argues that any departure from international standards by the EU and its Member States risks undermining the right to seek refugee status and protection as a humanitarian concept. The author also considers Member states' laws and practices, with special emphasis on the United Kingdom and France. This inclusion reflects the mutual influence that national and European measures exercise on one another and reveals existing discrepancies and tensions between national laws and practices. The author urges the European Union to remain true to its commitment to the Treaty of Amsterdam and its humanitarian tradition and vision.

Refugee Law after 9/11

Obiora Chinedu Okafor
Refugee Law after 9 11 Book PDF

Author : Obiora Chinedu Okafor
Publisher : UBC Press
Page : 362 pages
File Size : 44,5 Mb
Release : 2020-02-15
Category : Law
ISBN : 9780774861496

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Refugee Law after 9/11 by Obiora Chinedu Okafor Pdf

Common wisdom suggests that 9/11 changed everything about refugee law in the United States and Canada. But did it? Refugee Law after 9/11 systematically examines the evidence to reveal that refugee rights were already so whittled down in both countries before 9/11 that there was relatively little room for negative change after the attacks. It also shows that the Canadian refugee law regime reacted to 9/11 in much the same way as its US counterpart, and these similar reactions raise significant questions about security relativism and national self-image in the two countries.