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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: 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: 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: Romit Bhandari
Publisher: Routledge
ISBN: 9781003027393
Category : Law
Languages : en
Pages : 220
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Book Description
"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"--
Author: T. Alexander Aleinikoff
Publisher: Stanford University Press
ISBN: 1503611426
Category : Political Science
Languages : en
Pages : 129
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Book Description
The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
Author: Hne Lambert
Publisher: Routledge
ISBN: 1351562215
Category : History
Languages : en
Pages : 554
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Book Description
The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
Author: Jean-Pierre Gauci
Publisher: Hotei Publishing
ISBN: 9004265589
Category : Law
Languages : en
Pages : 355
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Book Description
Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the ‘boundaries’ of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as ‘legal frontiers’ whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.
Author: Jessica Schultz
Publisher: BRILL
ISBN: 9004361960
Category : Law
Languages : en
Pages : 443
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Book Description
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.
Author: Lucy Fiske
Publisher: Springer
ISBN: 1137580968
Category : Political Science
Languages : en
Pages : 253
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Book Description
This book builds a compelling picture of injustices inside immigration detention centers, within the context of the rise of the use of immigration detention in the Global North. The author presents the rarely heard voices of refugees, bringing their perspectives to light and personalising and humanising a global political issue. Based on in-depth interviews with formerly detained refugees who were involved in a wide range of protests, such as sit-ins and non-compliance, hunger strikes, lip sewing, escapes and riots, Human Rights, Refugee Protest and Immigration Detention presents a comprehensive insight into immigration detention and protest. Drawing on the work of Michel Foucault and Hannah Arendt, the book challenges contemporary human rights discourses which institutionalise power and will be a must-read for scholars, advocates and policymakers engaged in debates about immigration detention and forced migration.
Author: Liliana Lyra Jubilut
Publisher: Berghahn Books
ISBN: 1800731159
Category : Social Science
Languages : en
Pages : 447
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Book Description
Looking at refugee protection in Latin America, this landmark edited collection assesses what the region has achieved in recent years. It analyses Latin America’s main documents in refugee protection, evaluates the particular aspects of different regimes, and reviews their emergence, development and effect, to develop understanding of refugee protection in the region. Drawing from multidisciplinary texts from both leading academics and practitioners, this comprehensive, innovative and highly topical book adopts an analytical framework to understand and improve Latin America’s protection of refugees.
Author: Cathryn Costello
Publisher: Oxford University Press
ISBN: 0198848633
Category : Law
Languages : en
Pages : 1337
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Book Description
Provides a state-of-the-art, comprehensive analysis of the field of international refugee law, Global in scope, with 10 chapters focusing in detail on specific regions, Critiques the status quo and sets the agenda for future academic research Book jacket.
