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Author : James C. Hathaway,Michelle Foster
Publisher : Cambridge University Press
Page : 777 pages
File Size : 44,7 Mb
Release : 2014-07-03
Category : Law
ISBN : 9781107012516
The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
Author : James C. Hathaway
Publisher : Unknown
Page : 252 pages
File Size : 41,8 Mb
Release : 1991
Category : Refugees
ISBN : OCLC:1280805307
Author : James C. Hathaway
Publisher : Cambridge University Press
Page : 1453 pages
File Size : 53,7 Mb
Release : 2021-04-22
Category : Law
ISBN : 9781108495899
The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.
Author : Guy S. Goodwin-Gill,Jane McAdam
Publisher : Oxford University Press
Page : 847 pages
File Size : 49,6 Mb
Release : 2007
Category : Law
ISBN : 9780199281305
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.
Author : Eric Fripp
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 47,9 Mb
Release : 2016-09-22
Category : Law
ISBN : 9781782259237
International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.
Author : Efrat Arbel,Catherine Dauvergne,Jenni Millbank
Publisher : Routledge
Page : 296 pages
File Size : 51,8 Mb
Release : 2014-04-16
Category : Law
ISBN : 9781135038113
Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.
Author : Joseph Rikhof
Publisher : Republic of Letters
Page : 615 pages
File Size : 54,8 Mb
Release : 2012
Category : Law
ISBN : 9089791124
Human Rights Series, 3 (Library of Human Rights, 3) After the Second World War human rights law became entrenched in legal discourse as witnessed by a proliferation of human rights treaties. While the right of asylum was recognized as an fundamental right in the Universal Declaration of Human Rights, it has never been an absolute right but always restricted in various ways, the most important ones being that asylum should not be conferred on criminals and that refugees with a criminal background could be removed from the country of refuge. This book examines the extensive jurisprudence at the international and domestic level, which has attempted to balance the right of asylum for an individual versus the right of the state of refuge to restrict this right in situations of criminality. TABLE OF CONTENTS Chapter 1: Introduction Chapter 2: History Chapter 3: Exclusion Chapter 4: Refoulement Chapter 5: Alternatives to Refoulement Chapter 6: Conclusion Appendix: Geographical Listing of Court/Tribunal Decisions regarding Nefarious Organizations Jurisprudence Literature and Official Documents Index ABOUT THE AUTHOR Joseph Rikhof has received a BCL from the University of Nijmegen in The Netherlands; a LL.B degree from McGill University in Canada; a Diploma in Air and Space Law, also from McGill University and a PhD from the Irish Center for Human Rights. He teaches the course International Criminal Law at the University of Ottawa. He is Senior Counsel, Manager of the Law with the Crimes against Humanity and War Crimes Section of the Department of Justice, Canada. He was a visiting professional with the International Criminal Court in 2005 while also serving as Special Counsel and Policy Advisor to the Modern War Crimes Section of the Department of Citizenship and Immigration between 1998 and 2002. His area of expertise lies with the law related to organized crime, terrorism, genocide, war crimes and crimes against humanity, especially in the context of immigration and refugee law. He has written over 30 articles as well his PhD thesis exploring these research interests and has lectured on the same topics in North and South America, Europe, Africa, the Middle East, Australia and New Zealand.
Author : Jessica Schultz
Publisher : BRILL
Page : 443 pages
File Size : 55,8 Mb
Release : 2018-12-06
Category : Law
ISBN : 9789004361966
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.
Author : Cathryn Costello,Michelle Foster,Jane McAdam
Publisher : Oxford University Press
Page : 1337 pages
File Size : 53,9 Mb
Release : 2021
Category : Law
ISBN : 9780198848639
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.
Author : Hilary Evans Cameron
Publisher : Cambridge University Press
Page : 233 pages
File Size : 43,5 Mb
Release : 2018-05-10
Category : Law
ISBN : 9781108427074
Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.
Author : Thomas Spijkerboer
Publisher : Routledge
Page : 262 pages
File Size : 45,8 Mb
Release : 2017-03-02
Category : Social Science
ISBN : 9781351934817
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.
Author : Jason M. Pobjoy
Publisher : Cambridge University Press
Page : 367 pages
File Size : 47,7 Mb
Release : 2017-04-27
Category : Law
ISBN : 9781107175365
The first comprehensive study of the challenges faced by children in establishing entitlement to refugee protection. This book, which draws extensively on national case law from the United States, the United Kingdom, Canada, New Zealand and Australia, will be an invaluable resource for any academic, decision-maker or practitioner working in the area.
Author : Arafat Madi Shoukri
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 41,9 Mb
Release : 2010-11-30
Category : Political Science
ISBN : 9780857718730
What are the views, principles and regulations of the Islamic tradition concerning refugee status? Are there any similarities between the Islamic tradition relating to the laws of aman (safe conduct) and the 1951 Geneva Convention relating to the status of refugees? In this book, Arafat Shoukri delves into fifteen centuries of Arab and Islamic history examining hundreds of ancient sources to establish Islam's position on refugees. This is the first examination of the 1951 Geneva Convention on refugees from an Islamic perspective. In adopting this approach, Shoukri is able to compare and contrast the principles of international law with those of the Islamic tradition.
Author : James C. Simeon
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,5 Mb
Release : 2010-08-19
Category : Political Science
ISBN : 9781139490528
This volume of essays examines key cutting-edge areas of international refugee law, including strategies for interpretative harmony, the rights of refugees and the standard of proof in complementary protection. Each topic is examined from a theoretical and a practical perspective in order to find solutions to the many legal issues and concerns which currently confront this area of law, and to seek ways to advance the field as a whole.
Author : Michelle Foster,Hélène Lambert
Publisher : Oxford University Press
Page : 200 pages
File Size : 55,8 Mb
Release : 2019-04-04
Category : Law
ISBN : 9780192515544
International Refugee Law and the Protection of Stateless Persons examines the extent to which the 1951 Convention relating to the Status of Refugees protectsde 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.