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Book International Legal Standards for the Protection from Refoulement

Download or read book International Legal Standards for the Protection from Refoulement written by Cornelis Wolfram Wouters and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, millions of people are seeking protection in countries other than their own for fear of being tortured, persecuted, or killed. Finding protection is not easy. States are closely guarding their borders, making it difficult for aliens to seek protection from serious harm. No matter where they are or why they flee, people seeking international protection are vulnerable and insecure - in dire need of knowing, understanding, and receiving their rights. This book explores the basic right of every forcibly-displaced person to be protected from refoulement (forced return). The prohibition of refoulement is the cornerstone of international refugee and asylum law and aims to provide protection to people at risk of persecution, torture, inhuman treatment, or other human rights violations upon return to their own country. This book provides a comprehensive legal analysis of prohibitions of refoulement contained in four human rights treaties - the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture. The emphasis of the analysis is on the international meaning of the prohibitions of refoulement and on the responsibilities of States deriving from these prohibitions. The four treaties are analyzed in separate chapters. The final chapter compares the prohibitions of refoulement contained in the four investigated treaties. This book will be an important resource for legal scholars, students, and practitioners working with asylum seekers and refugees throughout the world. It is also a reminder for States which have obliged themselves to protect people from becoming victims of unspeakable atrocities.

Book Access to Asylum

    Book Details:
  • Author : Thomas Gammeltoft-Hansen
  • Publisher : Cambridge University Press
  • Release : 2011-03-17
  • ISBN : 113950116X
  • Pages : 309 pages

Download or read book Access to Asylum written by Thomas Gammeltoft-Hansen and published by Cambridge University Press. This book was released on 2011-03-17 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.

Book The Oxford Handbook of International Refugee Law

Download or read book The Oxford Handbook of International Refugee Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2021 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Non expulsion and Non refoulement

Download or read book Non expulsion and Non refoulement written by Gunnel Stenberg and published by . This book was released on 1989 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: General criticism. 11. Recent development.

Book Refuge in a Moving World

Download or read book Refuge in a Moving World written by Elena Fiddian-Qasmiyeh and published by UCL Press. This book was released on 2020-07-17 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Refuge in a Moving World draws together more than thirty contributions from multiple disciplines and fields of research and practice to discuss different ways of engaging with, and responding to, migration and displacement. The volume combines critical reflections on the complexities of conceptualizing processes and experiences of (forced) migration, with detailed analyses of these experiences in contemporary and historical settings from around the world. Through interdisciplinary approaches and methodologies – including participatory research, poetic and spatial interventions, ethnography, theatre, discourse analysis and visual methods – the volume documents the complexities of refugees’ and migrants’ journeys. This includes a particular focus on how people inhabit and negotiate everyday life in cities, towns, camps and informal settlements across the Middle East and North Africa, Southern and Eastern Africa, and Europe.

Book Frontex and Non Refoulement

    Book Details:
  • Author : Roberta Mungianu
  • Publisher : Cambridge University Press
  • Release : 2016-08-18
  • ISBN : 1316790827
  • Pages : 275 pages

Download or read book Frontex and Non Refoulement written by Roberta Mungianu and published by Cambridge University Press. This book was released on 2016-08-18 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.

Book Refugees and Rights

    Book Details:
  • Author : Mary Crock
  • Publisher : Taylor & Francis
  • Release : 2017-05-15
  • ISBN : 1351905635
  • Pages : 599 pages

Download or read book Refugees and Rights written by Mary Crock and published by Taylor & Francis. This book was released on 2017-05-15 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The refugee’s rights to due process and the substance of entitlements at law are explored in essays that range across administrative processes; social and cultural rights, including family reunion; detention; and the right of return. There follow four essays that address sexual orientation and refugee rights; refugees and disability rights; human rights and persons displaced by climate change disasters; and the rights of victims of human trafficking. The volume concludes with work reflecting on the rights discourse outside of traditional ’Western’ theatres. These cover Africa (Kenya), India, South America (Brazil) and the Asia-Pacific (Indonesia and Papua New Guinea).

Book The Refugee in International Law

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 865 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.

Book The Rights of Refugees under International Law

Download or read book The Rights of Refugees under International Law written by James C. Hathaway and published by Cambridge University Press. This book was released on 2021-04-22 with total page 1453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.

Book An Introduction to International Refugee Law

Download or read book An Introduction to International Refugee Law written by M. Rafiqul Islam and published by Martinus Nijhoff Publishers. This book was released on 2013-05-15 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is designed to provide an overview of the development, meaning, and nature of international refugee law. The jurisprudence on the status of refugees, loss and denial of the refugees status, non-refoulement, asylum, problems and challenges of refugee protection, the law of return and the right of return, critical refugees and immigration law, and the role of international organizations in protection of refugees are revisited in the context of contemporary realities. The relationship between armed conflict, climate change, and human right violations induced refugees and the existing international refugee regime emerging will be succinctly highlighted and analysed in the book. This lucidly written and timely book will be immensely helpful to anyone grappling with the demonstrated inadequacies of international refugee law in real life situations today and desirous of the reorientation of its meaning and scope to cater for the changing needs and shared expectation of the international community in the 21st century.

Book The Implementation of the Principle of Non Refoulement in Africa  The Protection of the Rights of Refugees in situation of Massive Influx

Download or read book The Implementation of the Principle of Non Refoulement in Africa The Protection of the Rights of Refugees in situation of Massive Influx written by Loyd Marcel Minka and published by GRIN Verlag. This book was released on 2017-04-11 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2017 in the subject Politics - Topic: Public International Law and Human Rights, grade: Principle of non-refoulement, University of Yaoundé I (Catholic Institut of Yaoundé (Cameroon) - Academy of Peace and Human Rights at the Catholic University of Central Africa (Cameroon)), course: Refugee Protection, language: English, abstract: There are many international standards or instruments which protect the rights of refugees to non-refoulment. These instruments are: the United Nations convention relating to the status of refugees of 1951 and its protocol of 1967, the international covenant on civil and political rights of 1966, the United Nations convention against torture of 1989 and the Convention of the Organization of the African Unity governing the specific aspects of refugee problems in Africa adopted in 1969. These instruments play a great role in favoring the implementation of the principle of non-refoulement.

Book Contemporary Issues in Refugee Law

Download or read book Contemporary Issues in Refugee Law written by Satvinder Singh Juss and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Exploring the Boundaries of Refugee Law

Download or read book Exploring the Boundaries of Refugee Law written by Jean-Pierre Gauci and published by Hotei Publishing. This book was released on 2015-04-14 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the ‘boundaries’ of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as ‘legal frontiers’ whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.

Book Human Rights and the Refugee Definition

Download or read book Human Rights and the Refugee Definition written by Bruce Burson and published by BRILL. This book was released on 2016-02-02 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.

Book Research Handbook on International Refugee Law

Download or read book Research Handbook on International Refugee Law written by Satvinder Singh Juss and published by Edward Elgar Publishing. This book was released on 2019 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.

Book International Refugee Law

Download or read book International Refugee Law written by Hne Lambert and published by Routledge. This book was released on 2017-07-05 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Fragmented State Power and Forced Migration

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.