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Author: Michelle Foster
Publisher: Cambridge University Press
ISBN: 9780521870177
Category : Law
Languages : en
Pages : 458
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Book Description
Publisher Description
Author: Michelle Foster
Publisher: Cambridge University Press
ISBN: 9780521870177
Category : Law
Languages : en
Pages : 458
Get Book Here
Book Description
Publisher Description
Author: Michelle Foster
Publisher:
ISBN: 9780511296499
Category : Asylum, Right of
Languages : en
Pages : 443
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Book Description
This book assesses the ability of the Refugee Convention to encompass socio-economic based claims.
Author: Cathryn Costello
Publisher: Oxford University Press
ISBN: 0198848633
Category : Law
Languages : en
Pages : 1337
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Book Description
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.
Author: James C. Hathaway
Publisher: Cambridge University Press
ISBN: 1108495893
Category : Law
Languages : en
Pages : 1453
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Book Description
The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.
Author: Ebenezer Durojaye
Publisher: Springer Nature
ISBN: 3031165489
Category : Political Science
Languages : en
Pages : 418
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Book Description
This book examines the socio-economic rights challenges of refugees and asylum seekers in Africa. It seeks to fill a major gap in the literature by providing a nuanced discussion of the barriers to the realisation of the socio-economic rights of refugees and asylum seekers in Africa. It equally aims to provide some concrete recommendations to African governments towards the realisation of the socio-economic rights of refugees and asylum seekers. With the aid of lessons from selected African countries, this book highlights the gaps, challenges and good practices regarding the realisation of the socio-economic rights of refugees and asylum seekers in the region. The book will be useful to researchers, students, academicians, policymakers, and international organisations or institutions interested in advancing the rights of refugees and asylum seekers.
Author: Eibe Riedel
Publisher: OUP Oxford
ISBN: 0191509582
Category : Law
Languages : en
Pages : 2883
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Book Description
Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.
Author: Bruce Burson
Publisher: BRILL
ISBN: 9004288597
Category : Law
Languages : en
Pages : 427
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Book Description
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.
Author: Ramy Mohamed Moustafa Metwally Abdelhady
Publisher:
ISBN:
Category : Humanitarian law
Languages : en
Pages : 128
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Book Description
Abstract: Article 14 of the Universal Declaration of Human Rights recognizes the right of every person to seek asylum from persecution in other countries. Accordingly, the United Nations adopted the Convention relating to the Status of Refugees in 1951. The Convention, in its first article, sets the definition of the term refugee. It also establishes a criteria that decision makers should follow in order to determine if someone is a refugee. Since the implementation of the Convention, writers and practitioners have regularly been using an approach that maintains a dichotomy between economic migrants and political refugees. This dichotomy is regularly used by decision makers to reject entire classes of applicants on the basis that their claims reflect economic migrant status rather than refugee status. The current situation of global destitution has pushed many people from poor countries to flee to more developed countries where they apply for asylum in order to find protection. These applicants have started to make claims that have begun to challenge the boundaries of the Refugee Convention and question the validity of the traditional dichotomy between economic migrants and political refugees. This paper identifies the conceptual and analytical challenges presented by claims based on economic and social deprivation. It assesses how to overcome these challenges by using a creative interpretation of the Refugee Convention based on recent developments in international human rights law. The central argument of this paper is that in spite of, the traditional dichotomy made between economic migrants and political refugees by legal scholars, the Refugee Convention is capable of accommodating many more claims based on social or economic deprivation. To prove this argument, the paper analyzes each element of the refugee definition and shows how socio-economic-based claims can fulfill the requirements of a refugee claim.
Author: Michelle Foster
Publisher: Oxford University Press
ISBN: 0192515551
Category : Law
Languages : en
Pages : 200
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Book Description
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.
Author: Annick Pijnenburg
Publisher:
ISBN: 9781839701481
Category :
Languages : en
Pages : 310
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Book Description
