The Law of Refugee Status

The Law of Refugee Status

The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 9781107012516

Category: Law

Page: 776

View: 289

The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
Categories: Law

Gender and Refugee Status

Gender and Refugee Status

This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status.

Author: Thomas Spijkerboer

Publisher: Routledge

ISBN: 9781351934817

Category: Social Science

Page: 288

View: 356

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.
Categories: Social Science

Judicial Interpretation of Refugee Status

Judicial Interpretation of Refugee Status

This work focuses on this specific question, attempting to put forward the - rather neglected - importance of the role that a legally principled interpretation of refugee status by domestic fora may play in the development of refugee ...

Author: Nicholas Sitaropoulos

Publisher:

ISBN: STANFORD:36105060444994

Category: Asylum, Right of

Page: 521

View: 487

"It is beyond doubt that the most crucial and complicated aspect of asylum that a future coordinated EU policy, and especially domestic judicial practice, will face is that of the substantive law of refugee status, determining the refugee inclusion clauses and the individual eligibility for refugee status. This work focuses on this specific question, attempting to put forward the - rather neglected - importance of the role that a legally principled interpretation of refugee status by domestic fora may play in the development of refugee protection regionally and internationally." -- from the Preface, p. 7.
Categories: Asylum, Right of

The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol

The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol

'.. this work is intended to provide an in-depth analysis of each and every provision of the 1951 Convention and its 1967 Protocol.

Author: Andreas Zimmermann

Publisher: Oxford University Press

ISBN: 9780199542512

Category: Law

Page: 1799

View: 689

'.. this work is intended to provide an in-depth analysis of each and every provision of the 1951 Convention and its 1967 Protocol. Special contributions on topics that cut across various provisions or that provide an overview over developments in certain regions of the world complement this Commentary.'
Categories: Law

Nationality and Statelessness in the International Law of Refugee Status

Nationality and Statelessness in the International Law of Refugee Status

International refugee law anticipates state conduct in relation to nationality, statelessness, and protection.

Author: Eric Fripp

Publisher: Bloomsbury Publishing

ISBN: 9781782259220

Category: Law

Page: 416

View: 239

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.
Categories: Law

World Refugee Report

World Refugee Report

Portugal Since enactment of the Refugee Law of August 1980 , nearly 4,000
persons have requested asylum in Portugal ... Under Spanish law there are
important distinctions between a recognition of refugee status and a grant of
asylum .

Author:

Publisher:

ISBN: UCLA:L0078707163

Category: Refugees

Page:

View: 565

Categories: Refugees

Contemporary Issues in Refugee Law

Contemporary Issues in Refugee Law

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.

Author: Satvinder Singh Juss

Publisher: Edward Elgar Publishing

ISBN: 9781782547662

Category: Law

Page: 336

View: 274

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.
Categories: Law

Seeking Asylum in the UK

Seeking Asylum in the UK

An examination of the emergence of the legal regime in the United Kingdom addressing refugees and asylum seekers.

Author: Colin Harvey

Publisher: Cambridge University Press

ISBN: 0406895929

Category: Law

Page: 345

View: 312

An examination of the emergence of the legal regime in the United Kingdom addressing refugees and asylum seekers.
Categories: Law

Refugee Law and Durability of Protection

Refugee Law and Durability of Protection

This book examines the link between refugee protection, duration of risk and residency rights.

Author: Maria O’Sullivan

Publisher: Routledge

ISBN: 9781351399173

Category: Law

Page: 230

View: 810

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.
Categories: Law

Country Reports on Human Rights Practices

Country Reports on Human Rights Practices

There were 59 UNHCR - mandate refugees in the country . Access to Asylum . —
The country's laws provide for the granting of asylum or refugee status , and the
government has established a system for providing protection to refugees .

Author:

Publisher:

ISBN: HARVARD:32044135427771

Category: Civil rights

Page:

View: 446

Categories: Civil rights

Adjudicating Refugee and Asylum Status

Adjudicating Refugee and Asylum Status

A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.

Author: Benjamin N. Lawrance

Publisher: Cambridge University Press

ISBN: 9781107069060

Category: Law

Page: 280

View: 835

A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.
Categories: Law

The Rights of Refugees under International Law

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.

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 1139445766

Category: Political Science

Page:

View: 954

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.
Categories: Political Science

Palestinian Refugees in International Law

Palestinian Refugees in International Law

International Refugee Law 4.1 Overview of the Law Chapter II discussed the
history and scope of the 1951 Convention, ... it establishes a universal refugee
definition, along with provisions for cessation of, and exclusion from, refugee
status; ...

Author: Francesca Albanese

Publisher: Oxford University Press, USA

ISBN: 9780198784043

Category: Law

Page: 608

View: 571

The Palestinian conflict has produced one of the most tragic refugee crises since World War II, with the number of refugees caused by the violence associated with the creation of the State of Israel numbering around 11 million in 2011. The much lauded first edition, in 1998, of The Status of Palestinian Refugees in International Law was the first book to comprehensively analyse the legal aspects of the Palestinian refugee crisis, yet the last two decades have seen multiple developments. New waves of conflict and displacement have affected Palestinian refugees in the Middle East, and there has been Israeli encroachment on Palestinian territory. Hamas has grown, and a schism has formed within the first Palestinian government. The so-called "Arab Spring" has impacted the life, fate, and legal status of thousands of Palestinian refugees. In international legal jurisprudence, change has been similarly rapid. In 2004, the International Court of Justice delivered a crucial advisory opinion on the Separation Wall, authoritatively elucidating the international legal framework applicable to the Israeli occupation. Numerous international human rights bodies and UN fact-finding missions have added their analysis to the mix. The possibility of the State of Palestine joining the International Criminal Court has spurred discussion relating to the applicability of international criminal law to Palestinian refugees. Clear, compelling, and authoritative, Lex Takkenberg and Francesca Albanese discuss the status quo both on the ground and in the courts, and pose future scenarios to come.
Categories: Law

Documents on the Law of UN Peace Operations

Documents on the Law of UN Peace Operations

In order to address such displacements two instruments exist. The first is the
Convention relating to the Status of Refugees (Refugee Convention)" and the
Protocol relating to the Status of Refugees (Refugee Protocol).” The second is
entitled ...

Author: Bruce Oswald

Publisher: Oxford University Press, USA

ISBN: 9780198757283

Category: Law

Page: 704

View: 341

Providing for the first time, a comprehensive and scholarly account of the normative framework involved in the area of collective international peace and security, Documents on the Law of Peace Operations moves beyond the study of traditional UN peacekeeping missions to examine missions initiated by regional organizations and by coalitions of states, as well as missions with a hybrid nature. The book provides key documents, accompanied with commentary, which identify and explain the legal framework or applicable legal norms involved in the planning, management and conduct of international peace operations. Topics covered include obligations under international humanitarian law, human rights law, international criminal law, and privileges and immunities. Special attention is also paid to matters such as accountability, the rule of law, and the protection of civilians. Appealing to scholars, policy makers, as well as representatives in the military, police and humanitarian organisations, this book will be an invaluable resource to develop better understandings of the legal norms relevant to a broad range of peace operations.
Categories: Law

Research Handbook on International Refugee Law

Research Handbook on International Refugee Law

This insightful Research Handbook is a timely contribution to that debate.

Author: Satvinder Singh Juss

Publisher: Edward Elgar Publishing

ISBN: 9780857932815

Category: Law

Page: 464

View: 954

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.
Categories: Law

International Refugee Law and the Protection of Stateless Persons

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.

Author: Michelle Foster

Publisher: Oxford University Press

ISBN: 9780192515544

Category: Law

Page: 200

View: 164

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.
Categories: Law

The Status of Palestinian Refugees in International Law

The Status of Palestinian Refugees in International Law

7. Scope of the study

Author: Chief of the Field Relief and Social Services Program Lex Takkenberg

Publisher: Oxford University Press on Demand

ISBN: 0198265905

Category: Law

Page: 411

View: 821

7. Scope of the study
Categories: Law

Refugee Status Appeals Authority New Zealand

Refugee Status Appeals Authority  New Zealand

But the Convention does not protect persons against any and all forms of even
serious harm : James C Hathaway , The Law of Refugee Status ( Butterworths
1991 ) 103 . There must be a risk of a type of harm that would be inconsistent with
 ...

Author:

Publisher:

ISBN: UOM:39015063359999

Category: Asylum, Right of

Page: 223

View: 779

Contains decision on appeal for refugee status for Ahmed Zaoui.
Categories: Asylum, Right of