The Law of Refugee Status

The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the refugee definition set by the UN's 1951 Refugee Convention.

The Law of Refugee Status

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 9781107688421

Page: 773

View: 855

The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the refugee definition set by the UN's 1951 Refugee Convention. Its groundbreaking analysis served as the bedrock for not only much judicial reasoning, but also for a burgeoning academic literature in law and related fields. This second edition builds on the strong critical focus and human rights orientation of the first edition, but undertakes an entirely original analysis of the jurisprudence of leading common law and select civil law states. The authors provide robust responses to the most difficult questions of refugee status in a clear and direct way. The result is a comprehensive and truly global analysis of the central question in asylum law: who is a refugee?

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: 781

"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.

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: 1782259228

Page: 416

View: 186

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.

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: 545

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.

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: 890

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.

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: 554

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.

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: 693

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.

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: 344

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.

An Introduction to International Refugee Law

This book provides an overview of the development and substance of existing international refugee law with a view to reveal its gaps, caveats, and inadequacies that militate against the establishment of an effective legal regime to address ...

An Introduction to International Refugee Law

Author: M. Rafiqul Islam

Publisher: Martinus Nijhoff Publishers

ISBN: 9004226168

Page: 448

View: 697

This book provides an overview of the development and substance of existing international refugee law with a view to reveal its gaps, caveats, and inadequacies that militate against the establishment of an effective legal regime to address mounting global refugee crises. The book pursues a reformist agenda towards affording legal coverage to all refugees generated by any genuinely involuntary grounds.

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: 344

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.

Human Rights and The Revision of Refugee Law

This book addresses the relationship between International Refugee Law and International Human Rights Law.

Human Rights and The Revision of Refugee Law

Author: Romit Bhandari

Publisher: Routledge

ISBN: 1000172155

Page: 220

View: 667

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.

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 continue to face.

Towards a Refugee Oriented Right of Asylum

Author: Professor Laura Westra

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472457781

Page: 368

View: 550

This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they continue to face. The authors explore the causality that generates displacement, discuss how migrants are received and the problems they face on arrival, and conclude by confronting the fate and status of asylum seekers after arrival. The authors propose ways of approaching the situation beyond the present language and the limited interpretations of the Convention on the Status of Refugees.

The Right to Seek Refugee Status in the European Union

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.

The Right to Seek Refugee Status in the European Union

Author: Sylvie Da Lomba

Publisher: Intersentia nv

ISBN: 9050953492

Page: 325

View: 952

This book analyses the implications of the EU asylum policy for the right to seek refugee status within the meaning of the 1951 UN Convention relating to the Status of Refugees. Relevant EU legislation and proposals for future legislation are measured against the standards set out in international refugee and human rights law with a view to making law reform proposals for the protection of the right to seek refugee status within the EU.

International Refugee Law and Socio Economic Rights

This book, first published in 2007, assesses the ability of the Refugee Convention to encompass socio-economic based claims.

International Refugee Law and Socio Economic Rights

Author: Michelle Foster

Publisher: Cambridge University Press

ISBN: 9780521870177

Page: 387

View: 992

This book, first published in 2007, assesses the ability of the Refugee Convention to encompass socio-economic based claims.

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: 132

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.

The Regional Law of Refugee Protection in Africa

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 Regional Law of Refugee Protection in Africa

Author: Marina Sharpe

Publisher: Oxford University Press

ISBN: 0192560670

Page: 250

View: 603

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.

African Refugees and the Law

This book contains the papers presented to the seminar and the report on the discussions. There were six main topics, each covered by a working paper: 'Convention Refugees and De Facto Refugees' (P.

African Refugees and the Law

Author: Göran Melander

Publisher:

ISBN:

Page: 98

View: 884

The Seminar on Legal Aspects of the African Refugee Problem, which took place in Uppsala in 1977, formed part of the preparations for the 1979 Arusha Conference on African Refugees. This book contains the papers presented to the seminar and the report on the discussions. There were six main topics, each covered by a working paper: 'Convention Refugees and De Facto Refugees' (P. Weis); 'Determination of Refugee Status under International Law' (G. Jaeger); 'Refugees in Orbit' (G. Melander); 'African Refugees in Europe' (B. Weibo); 'Political Rights and Freedom of Refugees' (A. Grahl-Madsen); and 'National Law and Model Legislation on the Rights and Protection of Refugees in Africa' (P. Nobel).

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: 456

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?