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Book Nationality and Statelessness in the International Law of Refugee Status

Download or read book Nationality and Statelessness in the International Law of Refugee Status written by Eric Fripp and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book The Law of Refugee Status

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?

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 Internally Displaced Persons and International Refugee Law

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.

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

Download or read book The International Legal Status and Protection of Environmentally Displaced Persons A European Perspective written by Hélène Ragheboom and published by BRILL. This book was released on 2017-07-03 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Hélène Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.

Book The Ashgate Research Companion to Migration Law  Theory and Policy

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.

Book Protection from Refuge

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 places in which refugees seek sanctuary are often as dangerous and bleak as the conditions they fled. In response, many travel within and across borders in search of safety. As part of these journeys, refugees are increasingly turning to courts to ask for protection, not from persecution in their homeland, but from a place of 'refuge'. This book is the first global and comparative study of 'protection from refuge' litigation, examining whether courts facilitate or hamper refugee journeys with a particular focus on gender. Drawing on jurisprudence from Africa, Europe, North America and Oceania, Kate Ogg shows that courts have transitioned from adopting robust ideas of refuge to rudimentary ones. This trajectory indicates that courts can play a powerful role in creating more just and equitable refugee protection policies, but have, ultimately, compounded the difficulties inherent in finding sanctuary, perpetuating global inequities in refugee responsibility and rendering refuge elusive.

Book Protecting the Internally Displaced

Download or read book Protecting the Internally Displaced written by Phil Orchard and published by Routledge. This book was released on 2018-11-01 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, there are over 40 million conflict-induced internally displaced persons (IDPs) globally, almost double the number of refugees. Yet, IDPs are protected only by the soft-law Guiding Principles on Internal Displacement at the global level. Instead of a dedicated international organization, IDPs receive protection and assistance only through the UN’s cluster approach. Orchard argues that while an international IDP protection regime exists, many aspects of it are informal, with IDP issues bound up in a humanitarian regime complex that divides the mandates of key organizations and even the question of IDP status itself. While the Guiding Principles mark an important step forward, implementation of laws and policies based on them at the domestic level remains haphazard. Action at the international level similarly reflects an all-too-often ad hoc approach to IDP issues. Through an in-depth examination of IDP efforts at the international level and across the forty states which have adopted IDP laws and policies, Orchard argues that while progress has been made, new and greater monitoring and accountability mechanisms at both the domestic and international levels are critical. This work will be valuable to scholars, students, and practitioners of forced migration, international relations theory, and the Responsibility to Protect doctrine.

Book Refugee Rights

    Book Details:
  • Author : James C. Hathaway
  • Publisher :
  • Release : 1995
  • ISBN : 9781550142662
  • Pages : 82 pages

Download or read book Refugee Rights written by James C. Hathaway and published by . This book was released on 1995 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1.1.2 Freedom of international movement

Book The Child in International Refugee Law

Download or read book The Child in International Refugee Law written by Jason M. Pobjoy and published by Cambridge University Press. This book was released on 2017-04-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive study of the challenges faced by children in establishing entitlement to refugee protection. This book, which draws extensively on national case law from the United States, the United Kingdom, Canada, New Zealand and Australia, will be an invaluable resource for any academic, decision-maker or practitioner working in the area.

Book Refugees  Regionalism and Responsibility

Download or read book Refugees Regionalism and Responsibility written by Penelope Mathew and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ongoing refugee and migrant crisis in Europe has accelerated the need to find answers for refugee movements. Refugees, Regionalism and Responsibility examines regional cooperation as a potential solution. Through a thorough assessment of past and present regional arrangements concerning refugees, this book considers whether regionalism has resulted in protection and durable solutions for both refugees and participating states.

Book Conflict Displacement and Legal Protection

Download or read book Conflict Displacement and Legal Protection written by Charlotte Lülf and published by Routledge. This book was released on 2019-02-05 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.

Book Reconceiving International Refugee Law

Download or read book Reconceiving International Refugee Law written by James C. Hathaway and published by Martinus Nijhoff Publishers. This book was released on 1997-09-17 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2 The Refugee Family.

Book The Refugee Definition in International 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.

Book Nationality and Statelessness under International Law

Download or read book Nationality and Statelessness under International Law written by Alice Edwards and published by Cambridge University Press. This book was released on 2014-09-18 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

Book Refugee Law s Fact Finding Crisis

Download or read book Refugee Law s Fact Finding Crisis written by Hilary Evans Cameron and published by Cambridge University Press. This book was released on 2018-05-10 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.