Download or read book The Internal Protection Alternative in Refugee Law written by Jessica Schultz and published by BRILL. This book was released on 2018-12-10 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the ‘internal protection alternative’ (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources. She argues that the doctrine of implied limits in human rights law can provide analytic structure to the IPA concept and reduce the risk of overly broad application.
Download or read book Human Rights and Refugees Internally Displaced Persons and Migrant Workers written by Anne Fruma Bayefsky and published by BRILL. This book was released on 2006 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts; due process issues from Europe, Canada and the United States, and the special needs of migrant workers.
Download or read book The Michigan Guidelines on the International Protection of Refugees written by James C. Hathaway and published by Michigan Publishing Services. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Michigan guidelines on the internal protection alternative (1999) -- The Michigan guidelines on nexus to a convention ground (2001) -- The Michigan guidelines on well-founded fear (2004) -- The Michigan guidelines on protection elsewhere (2006) -- The Michigan guidelines on the right to work (2009) -- The Michigan guidelines on the exclusion of international criminals (2013) -- The Michigan guidelines on risk for reasons of political opinion (2015) -- The Michigan guidelines on refugee freedom of movement (2017).
Download or read book Advancing Refugee Protection in South Africa written by Jeff Handmaker and published by Berghahn Books. This book was released on 2008-03-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divided into three thematic parts to guide the reader, this important volume documents the development and implementation of refugee policy in South Africa over a 10-year period from 1996 until 2006. In doing so, it addresses issues of detention, gender, children and health as well as welfare policies for refugees. The contributions, all written by academics and practitioners of refugee protection, vividly illustrate the tangible shifts and concerns of a process that is not only aimed at establishing policies and legislation but also practices concerning refugees.
Download or read book The Ashgate Research Companion to Migration Law Theory and Policy written by Satvinder S. Juss and published by Routledge. This book was released on 2016-03-23 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.
Download or read book Fragmented State Power and Forced Migration written by Eeva Nyk Nen and published by Martinus Nijhoff Publishers. This book was released on 2012-06-14 with total page 400 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 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 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.
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.
Download or read book Textbook on Immigration and Asylum Law written by Gina Clayton and published by Oxford University Press. This book was released on 2016 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the law and system of control which govern immigration and asylum in the UK. It begins with the historical and legal context, explains who is subject to immigration control, and describes the legal and administrative structure of the system.
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 Internally Displaced Persons and International Refugee Law written by Bríd Ní Ghráinne and published by Oxford University Press. This book was released on 2022 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.
Download or read book Protection in European Union Asylum Law written by Julian Lehmann and published by BRILL. This book was released on 2020-09-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download or read book Protection from Refuge written by Kate Ogg and published by Cambridge University Press. This book was released on 2022-03-24 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first global and comparative study of litigation in which refugees seek protection from a place of ostensible 'refuge'.
Download or read book Human Rights Law written by Bríd Moriarty and published by Oxford University Press, USA. This book was released on 2012-08-09 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights Law provides thorough coverage of human rights issues, offering a practical text for trainee solicitors and practitioners in Ireland. This fourth edition has been fully updated to cover recent developments in the field.
Download or read book Refugee Law and Practice in Japan written by Osamu Arakaki and published by Routledge. This book was released on 2016-12-05 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the development of refugee law and policy in Japan. The book discusses systemic weaknesses and compares the evolution of law in other states to highlight problems in Japan's refugee determination system. Ultimately, the book calls for Japan to reform failing systems and take innovative action towards refugee protection.
Download or read book The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol written by and published by Oxford University Press. This book was released on 2024-01-10 with total page 2697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
