The Law of Refugee Status

The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.

The Law of Refugee Status

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 1107012511

Page: 776

View: 327

The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.

The Law of Refugee Status

This book is an attempt to explain the scope of the Convention refugee definition as drafted, and as it has evolved in practice." -- from the Preface, p. v.

The Law of Refugee Status

Author: James C. Hathaway

Publisher: Lexis Pub

ISBN: 9780409805031

Page: 252

View: 796

"A Convention refugee is a person who is outside her country because she reasonably believes that her civil or political status puts her at risk of serious harm in that country, and that her own government cannot or will not protect her. The Convention refugee definition is of singular importance because it has been subscribed to by more than one hundred nations in the only refugee accords of global scope. Many nations have also chosen to import this standard into their domestic immigration legislation as the basis upon which asylum and other protection decisons are made. Yet this legal definition of a refugee is at odds with the ordinary, social perception of refugee status...This book is an attempt to explain the scope of the Convention refugee definition as drafted, and as it has evolved in practice." -- from the Preface, p. v.

The Rights of Refugees under International Law

This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention.

The Rights of Refugees under International Law

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 9781139445764

Page:

View: 137

This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.

Nationality and Statelessness in the International Law of Refugee Status

International refugee law anticipates state conduct in relation to nationality, statelessness, and protection.

Nationality and Statelessness in the International Law of Refugee Status

Author: Eric Fripp

Publisher: Bloomsbury Publishing

ISBN: 1782259236

Page: 416

View: 990

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.

Gender and Refugee Status

This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status.

Gender and Refugee Status

Author: Thomas Spijkerboer

Publisher: Routledge

ISBN: 1351934813

Page: 288

View: 110

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.

Refugee Law and Durability of Protection

This book examines the link between refugee protection, duration of risk and residency rights.

Refugee Law and Durability of Protection

Author: Maria O’Sullivan

Publisher: Routledge

ISBN: 1351399179

Page: 230

View: 658

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.

The Refugee in International Law

In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of ...

The Refugee in International Law

Author: Guy S. Goodwin-Gill

Publisher: Oxford University Press

ISBN: 0192520350

Page: 847

View: 945

Millions of people today are forced to flee their homes as a result of conflict, systemic discrimination, persecution, and other violations of their human rights. The core instruments on which they must rely to secure international protection are the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, now complemented by international and regional human rights treaties. This book, the leading text in a field where refugee law is now a subject of global importance, examines key challenges to system of international protection, including those arising from within the asylum process, increased controls over the movements of people, and the 'new' concern with security. 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, every issue, old and new, has received fresh analysis, and 'complementary' or human rights-based protection is given special attention. Features include: analysis and assessment of developments in interpreting the refugee definition, with particular reference to 'social group', 'exclusion', procedures, and the impact of European Union harmonization initiatives. In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of camps and settlements; the current status in general international law of the fundamental principles of non-refoulement, asylum, and the right to seek asylum; and the extent of protection possibilities in human rights treaties, particularly the European Convention on Human Rights.

The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol

'.. this work is intended to provide an in-depth analysis of each and every provision of the 1951 Convention and its 1967 Protocol.

The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol

Author: Andreas Zimmermann

Publisher: Oxford University Press

ISBN: 0199542511

Page: 1799

View: 603

'.. this work is intended to provide an in-depth analysis of each and every provision of the 1951 Convention and its 1967 Protocol. Special contributions on topics that cut across various provisions or that provide an overview over developments in certain regions of the world complement this Commentary.'

Human Rights and the Refugee Definition

In Human Rights and the Refugee Definition, Burson and Cantor bring together over a dozen contributions that add a fine-grained comparative perspective to the debate on whether, or how, interpretation of the refugee definition should take ...

Human Rights and the Refugee Definition

Author: Bruce Burson

Publisher: BRILL

ISBN: 9004288597

Page: 428

View: 310

In Human Rights and the Refugee Definition, Burson and Cantor bring together over a dozen contributions that add a fine-grained comparative perspective to the debate on whether, or how, interpretation of the refugee definition should take account of human rights law.

International Refugee Law and the Protection of Stateless Persons

By examining statelessness through the prism of international refugee law, this book fills a critical gap in existing scholarship.

International Refugee Law and the Protection of Stateless Persons

Author: Michelle Foster

Publisher: Oxford University Press

ISBN: 0192515543

Page: 200

View: 574

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.

Contemporary Issues in Refugee Law

This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours.

Contemporary Issues in Refugee Law

Author: Satvinder Singh Juss

Publisher: Edward Elgar Publishing

ISBN: 1782547665

Page: 336

View: 617

Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the 'Arab Awakening' gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours. The concerns over our security are replacing humanitarian concerns over the plight of others. Securitization, exclusion and the internal relocation of genuine refugees are now the favoured polices. Yet, while central idioms of protection, persecution and non-refoulement have changed, there are also new demands on refugee law. The contributors to this book ask whether there are new spheres of protection emerging, for which refugee law must find a clear space, such as the protection of child refugees, trafficked persons, gender-related asylum and conscientious objectors to military service. This timely and valuable book shows that in these uncertain times, refugee law still has an exciting and challenging future ahead. Contemporary Issues in Refugee Law will appeal to academics, researchers, students and practitioners.

Towards a Refugee Oriented Right of Asylum

This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face.

Towards a Refugee Oriented Right of Asylum

Author: Laura Westra

Publisher: Routledge

ISBN: 1317009223

Page: 374

View: 790

This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.

The Refugee Status of Persons with Disabilities

This is the first comprehensive study on the refugee definition for persons with disabilities.

The Refugee Status of Persons with Disabilities

Author: Stephanie Anna Motz

Publisher: BRILL

ISBN: 9004427309

Page: 404

View: 838

This is the first comprehensive study on the refugee definition for persons with disabilities. It proposes a disability-specific approach to refugee status analysing the different elements of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities.

Adjudicating Refugee and Asylum Status

A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.

Adjudicating Refugee and Asylum Status

Author: Benjamin N. Lawrance

Publisher: Cambridge University Press

ISBN: 1107069068

Page: 280

View: 953

A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.

Protection in European Union Asylum Law

Asylum law in the European Union is ripe with caveats that allow for rejecting asylum applications due to ‘protection’ received in the home country or another location.

   Protection    in European Union Asylum Law

Author: Julian Lehmann

Publisher: BRILL

ISBN: 9004430393

Page: 304

View: 624

Asylum law in the European Union is ripe with caveats that allow for rejecting asylum applications due to ‘protection’ received in the home country or another location. Yet, when is ‘protection’ strong enough to make denying an application lawful?

The International Legal Status and Protection of Environmentally Displaced Persons A European Perspective

The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective examines the applicability of refugee law and international human rights law in situations of environmentally-induced displacement, ...

The International Legal Status and Protection of Environmentally Displaced Persons  A European Perspective

Author: Hélène Ragheboom

Publisher: BRILL

ISBN: 9004317422

Page: 698

View: 432

The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective examines the applicability of refugee law and international human rights law in situations of environmentally-induced displacement, and explores possible future approaches to addressing the issue.

International Refugee Law

Focusing on the 1951 United Nations Convention on the Status of Refugees, this book is a comprehensive introduction to all aspects of international refugee law.

International Refugee Law

Author: B S Chimni

Publisher: SAGE Publications Pvt. Limited

ISBN:

Page: 613

View: 969

Focusing on the 1951 UN Convention on the Status of Refugees, this book in intended as an introduction to international refugee law. After a comprehensive introduction, the reader is divided into eight chapters. Each chapter begins with a short introduction which identifies the key issues and themes it deals with and the particular readings which address them, as also draws attention to the on-going debates in a bid to encourage critical thinking.

The International Protection Alternative in Refugee Law

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 International Protection Alternative in Refugee Law

Author: Jessica Schultz

Publisher: BRILL

ISBN: 9004361960

Page: 444

View: 273

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.

Exploring the Boundaries of Refugee Law

This edited volume focuses on current challenges in refugee law and global displacement.

Exploring the Boundaries of Refugee Law

Author: Jean-Pierre Gauci

Publisher: Hotei Publishing

ISBN: 9004265589

Page: 356

View: 288

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.