The Law of Refugee Status

The Law of Refugee Status

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.

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 1107688426

Category: Political Science

Page: 773

View: 329

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?
Categories: Political Science

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: 282

The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
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: 9781782259237

Category: Law

Page: 416

View: 268

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

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: 764

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

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: 569

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

The Refugee in International Law

The Refugee in International Law

In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of ...

Author: Guy S. Goodwin-Gill

Publisher: Oxford University Press

ISBN: 9780192520357

Category: Law

Page: 847

View: 310

Millions of people today are forced to flee their homes as a result of conflict, systemic discrimination, persecution, and other violations of their human rights. The core instruments on which they must rely to secure international protection are the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, now complemented by international and regional human rights treaties. This book, the leading text in a field where refugee law is now a subject of global importance, examines key challenges to system of international protection, including those arising from within the asylum process, increased controls over the movements of people, and the 'new' concern with security. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition, each chapter has been thoroughly revised and updated, every issue, old and new, has received fresh analysis, and 'complementary' or human rights-based protection is given special attention. Features include: analysis and assessment of developments in interpreting the refugee definition, with particular reference to 'social group', 'exclusion', procedures, and the impact of European Union harmonization initiatives. In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of camps and settlements; the current status in general international law of the fundamental principles of non-refoulement, asylum, and the right to seek asylum; and the extent of protection possibilities in human rights treaties, particularly the European Convention on Human Rights.
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: 544

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

International Refugee Law

International Refugee Law

Focusing on the 1951 United Nations Convention on the Status of Refugees, this book is a comprehensive introduction to all aspects of international refugee law.

Author: B S Chimni

Publisher: SAGE Publications Pvt. Limited

ISBN: UOM:39015062109908

Category: Education

Page: 613

View: 996

Focusing on the 1951 UN Convention on the Status of Refugees, this book in intended as an introduction to international refugee law. After a comprehensive introduction, the reader is divided into eight chapters. Each chapter begins with a short introduction which identifies the key issues and themes it deals with and the particular readings which address them, as also draws attention to the on-going debates in a bid to encourage critical thinking.
Categories: Education

An Introduction to International Refugee Law

An Introduction to International Refugee Law

This book provides an overview of the development and substance of existing international refugee law with a view to reveal its gaps, caveats, and inadequacies that militate against the establishment of an effective legal regime to address ...

Author: M. Rafiqul Islam

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004226166

Category: Law

Page: 448

View: 583

This book provides an overview of the development and substance of existing international refugee law with a view to reveal its gaps, caveats, and inadequacies that militate against the establishment of an effective legal regime to address mounting global refugee crises. The book pursues a reformist agenda towards affording legal coverage to all refugees generated by any genuinely involuntary grounds.
Categories: Law

The Right to Seek Refugee Status in the European Union

The Right to Seek Refugee Status in the European Union

This book measures EC/EU asylum initiatives against international refugee and human rights standards and makes law reform proposals to ensure compliance with international standards.

Author: Sylvie Da Lomba

Publisher: Intersentia nv

ISBN: 9789050953498

Category: Law

Page: 325

View: 275

This book analyses the implications of the EU asylum policy for the right to seek refugee status within the meaning of the 1951 UN Convention relating to the Status of Refugees. Relevant EU legislation and proposals for future legislation are measured against the standards set out in international refugee and human rights law with a view to making law reform proposals for the protection of the right to seek refugee status within the EU.
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: 475

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

Human Rights and The Revision of Refugee Law

Human Rights and The Revision of Refugee Law

This book addresses the relationship between International Refugee Law and International Human Rights Law.

Author: Romit Bhandari

Publisher: Routledge

ISBN: 9781000172157

Category: Law

Page: 220

View: 924

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.
Categories: Law

Protection in European Union Asylum Law

   Protection    in European Union Asylum Law

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.

Author: Julian Lehmann

Publisher: BRILL

ISBN: 9789004430396

Category: Law

Page: 304

View: 308

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?
Categories: Law

International Refugee Law and Socio Economic Rights

International Refugee Law and Socio Economic Rights

This book, first published in 2007, assesses the ability of the Refugee Convention to encompass socio-economic based claims.

Author: Michelle Foster

Publisher: Cambridge University Press

ISBN: 0521870178

Category: Law

Page: 387

View: 754

This book, first published in 2007, assesses the ability of the Refugee Convention to encompass socio-economic based claims.
Categories: Law

Towards a Refugee Oriented Right of Asylum

Towards a Refugee Oriented Right of Asylum

This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face.

Author: Laura Westra

Publisher: Routledge

ISBN: 9781317009221

Category: Political Science

Page: 374

View: 350

This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.
Categories: Political Science

The Refugee Status of Persons with Disabilities

The Refugee Status of Persons with Disabilities

This is the first comprehensive study on the refugee definition for persons with disabilities.

Author: Stephanie Anna Motz

Publisher: BRILL

ISBN: 9789004427303

Category: Law

Page: 404

View: 999

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.
Categories: Law

Refugee Status Under International Law

Refugee Status Under International Law

“Over the past few years, the number of migrants requesting international protection has increased exponentially.

Author: Ionel Zamfir

Publisher:

ISBN: OCLC:1099954677

Category:

Page:

View: 882

“Over the past few years, the number of migrants requesting international protection has increased exponentially. The Geneva Convention on refugees and its subsequent Protocol entitle refugees to international protection, most importantly to the right not to be returned to their home countries. However, they define refugees in a restrictive manner, thus excluding many other categories of international migrants from the rights provided therein.”
Categories:

Reforming the Common European Asylum System

Reforming the Common European Asylum System

This book analyses the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws.

Author: Vincent Chetail

Publisher: BRILL

ISBN: 9789004308664

Category: Political Science

Page: 550

View: 532

This book analyses the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. It provides a comprehensive and critical account of the recast instruments governing asylum law in the European Union.
Categories: Political Science

The Rights of Refugees under International Law

The Rights of Refugees under International Law

The scope of the Convention refugee definition in international and comparative law is analyzed in detail in J. Hathaway and M. Foster, The Law of Refugee Status (2014), conceived as the companion volume to this book.

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 9781108495899

Category: Law

Page: 1400

View: 601

Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway's incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book's analysis to responding to the hard facts of refugee life on the ground.
Categories: Law