Download or read book Persecution International Refugee Law and Refugees written by Mathilde Crépin and published by Routledge. This book was released on 2020-07-28 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.
Download or read book International Refugee Law and the Protection of Stateless Persons written by Michelle Foster and published by Oxford University Press. This book was released on 2019-04-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Refugee Definition in International Law written by Hugo Storey and published by Oxford University Press. This book was released on 2024-01-06 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.
Download or read book Human Rights and The Revision of Refugee Law written by Romit Bhandari and published by Routledge. This book was released on 2020-09-02 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Refugee in International Law written by Guy S. Goodwin-Gill and published by Oxford University Press. This book was released on 2021-09-09 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Refugee Status of Persons with Disabilities written by Stephanie A. Motz and published by International Refugee Law. This book was released on 2020-11-05 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: A disability-sensitive interpretation of the refugee definition -- 'Being persecuted' -- Failure of state protection -- Causal nexus : 'for Reasons of' -- Convention ground.
Download or read book The Law of Refugee Status written by James C. Hathaway and published by Cambridge University Press. This book was released on 2014-07-10 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download or read book The SAGE Handbook of Human Rights written by Anja Mihr and published by SAGE. This book was released on 2014-07-21 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The SAGE Handbook of Human Rights will comprise a two volume set consisting of more than 50 original chapters that clarify and analyze human rights issues of both contemporary and future importance. The Handbook will take an inter-disciplinary approach, combining work in such traditional fields as law, political science and philosophy with such non-traditional subjects as climate change, demography, economics, geography, urban studies, mass communication, and business and marketing. In addition, one of the aspects of mainstreaming is the manner in which human rights has come to play a prominent role in popular culture, and there will be a section on human rights in art, film, music and literature. Not only will the Handbook provide a state of the art analysis of the discipline that addresses the history and development of human rights standards and its movements, mechanisms and institutions, but it will seek to go beyond this and produce a book that will help lead to prospective thinking.
Download or read book The Refugee Status of Persons with Disabilities written by Stephanie Anna Motz and published by BRILL. This book was released on 2020-11-04 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fragmented State Power and Forced Migration written by Eeva Nykänen and published by Martinus Nijhoff Publishers. This book was released on 2012-06-14 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing extensively on international and European law, international and national case law, as well as academic writings, this study offers a comprehensive and critical analysis on the issue of non-state actors in refugee law.
Download or read book Reconfiguring Refugees written by Alise Coen and published by NYU Press. This book was released on 2024-08-20 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows how domestic identity narratives and political polarization shape the sociopolitical response to refugees The United States once played a major role in global refugee resettlement, accounting for nearly two-thirds of all refugees resettled worldwide. However, in recent years, it has dramatically cut refugee admissions and implemented discriminatory policies on refugee protection. These policies have been justified amid intensifying xenophobic rhetoric against specific groups. In this book, Alise Coen explains why the monumental shift around refugee resettlement occurred, particularly in response to the high-profile conflict in Syria. She shows how refugees—and broader global migration debates—became contentious political issues in the US, revealing the many ways in which refugees have been increasingly weaponized as partisan symbols by Democrats and Republicans. The book calls attention to the power of rhetoric and identity narratives, and shows how the language used to talk about refugees fuels divisive policies. From the years leading up to the Trump administration’s policies targeting Muslim refugees to debates during the Biden administration around who deserves access to asylum, Coen examines how ideas about race, gender, and nativism shape US approaches toward migration. As arguments for “closing the border” continue to gain traction and politicians continue to use global displacement issues to further their agendas, Reconfiguring Refugees explores the ideas, meanings, and policies that undermine and influence US responsibility-sharing.
Download or read book Queering Asylum in Europe written by Carmelo Danisi and published by Springer Nature. This book was released on 2021-08-31 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.
Download or read book Investigating and Combating Gender Related Victimization written by Borges, Gabriela Mesquita and published by IGI Global. This book was released on 2024-03-11 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the field of victimology, the landscape of victimization is constantly evolving, presenting new challenges and demands. The traditional approaches to understanding and addressing victimization are often inadequate in capturing the complex and nuanced experiences of victims. Furthermore, the justice system and victim support services struggle to keep pace with the changing forms of victimization, leading to gaps in protection and support for victims. There is a critical need for a contemporary approach that comprehensively examines victimization and provides practical insights and solutions for researchers, practitioners, and policymakers. Investigating and Combating Gender-Related Victimization offers a pioneering solution to the challenges posed by modern victimization. By focusing exclusively on qualitative studies, this handbook provides a deep and nuanced understanding of victim experiences, interactions with the justice system, and the impact of victimization. The qualitative approach allows for a more holistic examination of victimization, capturing the emotions, narratives, and coping mechanisms of victims often overlooked in quantitative studies.
Download or read book International Law written by Gleider Hernández and published by Oxford University Press. This book was released on 2022 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law presents a comprehensive yet student-focused approach to the subject, providing a contemporary and stimulating account of international law. With critical coverage delivered through a wide range of learning features, students are encouraged to engage with legal debates and controversies. Digital formats and resources The second edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks There is also a wide range of online resources that support the book, including: - Author tutorial videos for each chapter - Discussion questions - Critical thinking frameworks - A glossary of international law terms - A history of international law timeline
Download or read book Seeking Asylum in the European Union written by Céline Bauloz and published by BRILL. This book was released on 2015-05-19 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States. With a foreword by Professor Hélène Lambert.
Download or read book Writing the Roma written by Cynthia Levine-Rasky and published by Fernwood Publishing. This book was released on 2016-09-13T00:00:00Z with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of four years of ethnographic research at the Roma Community Centre in Toronto, Writing the Roma is the first book to provide an overview of the identities, origins, history and treatment of Roma refugees. Cynthia Levine-Rasky traces the historical and cultural roots of the Roma in Europe, through their genocide in the Holocaust, their persecution in Eastern Europe in the post-Communist era, to their settlement as refugees in Canada. What emerges is a book that challenges the stereotypes surrounding this non-territorial nation while exposing the ways that Canadian immigration policies have affected Roma populations.
Download or read book Migration Governance in North America written by Kiran Banerjee and published by McGill-Queen's Press - MQUP. This book was released on 2024-05-14 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people arrive in North America each year, including highly skilled immigrants and temporary workers, refugees, and international students. Migration, border control, and asylum are ongoing flashpoints in Canadian, American, and Mexican relations, and deeply affect the domestic politics and economies of each country. While migration has emerged as an only increasingly charged topic in public discourse, research has largely focused on North America’s lack of regional integration around mobility, often neglecting aspects of regional cooperation, hierarchy, and global engagement. Migration Governance in North America advances that conversation by examining the complex dynamics of mobilities across the continent through contemporary analysis and historical context. Situating North America within the global migration landscape, contributors from Canada, the United States, Mexico, and Europe unpack such issues as temporary labour mobility, border security, asylum governance, refugee resettlement, and the role of local actors and activists in coping with changing policies and politics. In the wake of a series of significant and likely enduring changes across the continent this flagship volume puts policy developments and migrant organizing in conversation across borders, investigates often contentious domestic, regional, and global migration politics, and reveals how intersecting policy frameworks affect the movement of people.
