Search Results for 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: 602

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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.
2005-09-15 By James C. Hathaway

The Nature of the Problem

Author: Canadian Human Rights Foundation

Publisher: IRPP

ISBN: 0886450802

Category: Social Science

Page: 338

View: 296

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The Nature of the Problem

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.

Author: Guy S. Goodwin-Gill

Publisher: Oxford University Press

ISBN: 9780199281305

Category: Law

Page: 786

View: 637

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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 and every issue, old and new, has received fresh analysis.

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: 829

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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.
2013-04-17 By M. Rafiqul Islam

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: 586

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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.
2016-09-22 By Eric Fripp

Research Paper (postgraduate) from the year 2017 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: Principle of non-refoulement, University of Yaound I (Catholic Institut of Yaound ...

Author: Loyd Marcel Minka

Publisher: Grin Publishing

ISBN: 3668432074

Category:

Page: 40

View: 787

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Research Paper (postgraduate) from the year 2017 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: Principle of non-refoulement, University of Yaounde I (Catholic Institut of Yaounde (Cameroon) - Academy of Peace and Human Rights at the Catholic University of Central Africa (Cameroon)), course: Refugee Protection, language: English, abstract: There are many international standards or instruments which protect the rights of refugees to non-refoulment. These instruments are: the United Nations convention relating to the status of refugees of 1951 and its protocol of 1967, the international covenant on civil and political rights of 1966, the United Nations convention against torture of 1989 and the Convention of the Organization of the African Unity governing the specific aspects of refugee problems in Africa adopted in 1969. These instruments play a great role in favoring the implementation of the principle of non-refoulement.
2017-04-28 By Loyd Marcel Minka

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: 502

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The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
2014-07-03 By James C. Hathaway

Author: Karen Parker

Publisher:

ISBN: OCLC:822361152

Category:

Page:

View: 666

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1989 By Karen Parker

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: 590

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This book, first published in 2007, assesses the ability of the Refugee Convention to encompass socio-economic based claims.
2007-07-12 By Michelle Foster

By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.

Author: Mariagiulia Giuffré

Publisher: Hart Publishing

ISBN: 150990249X

Category: Law

Page: 408

View: 513

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This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.
2020-02-20 By Mariagiulia Giuffré

This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strat

Author: Vincent Chetail

Publisher: Edward Elgar Publishing

ISBN: 9780857930057

Category: Law

Page: 712

View: 433

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Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strat
2014-03-28 By Vincent Chetail

This book considers the UNHCR's contribution to international refugee law. The book explores the role of the organisation in developing international refugee law and ensuring the effectiveness of such law.

Author: Corinne Lewis

Publisher: Routledge

ISBN: 9780415524421

Category: Law

Page: 195

View: 715

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This book considers the United Nations High Commissioner for Refugees' contribution to international refugee law since the establishment of UNHCR by the United Nations General Assembly in 1951. The book explores the historical and statutory foundations that create an indelible link between UNHCR and international refugee law. This book charts the significant evolution that has occurred in the organisation's role throughout the last sixty years, looking at both the formal means by which UNHCR's mandate may be modified, and the techniques UNHCR has used to facilitate the changes in its role, thereby revealing a significant evolution in the organisation's role since the onset of the crisis in refugee protection in the 1980's. UNHCR, itself, has demonstrated its organizational autonomy as the primary agent for the adaptation of its responsibilities and work related to international refugee law. The author does suggest however that UNHCR needs to continue to extend and strengthen its role related to international refugee law if UNHCR is to ensure a stronger legal framework for the protection of refugees as well as a fuller respect for refugees' rights in practice. UNHCR and International Refugee Law should be of particular interest to refugee lawyers as well as academics and students of refugee law and international law, and anyone concerned with the important role that UNHCR plays in the protection of refugees today.
2012 By Corinne Lewis

This book examines Southeast Asia's rejection of international refugee law through extensive archival analysis and argues that this rejection was shaped by the region's response to its largest refugee crisis in the post-1945 era: the ...

Author: Sara Ellen Davies

Publisher: BRILL

ISBN: 9789004163515

Category: Law

Page: 288

View: 338

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This book examines Southeast Asia's rejection of international refugee law through extensive archival analysis and argues that this rejection was shaped by the region's response to its largest refugee crisis in the post-1945 era: the Indochinese refugee crisis from 1975-1996.

domesticated.21 Given the frequent disinclination of governments to make internationally agreed refugee rights justiciable under national law, ...

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 9781108852630

Category: Political Science

Page:

View: 819

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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.
2021-04-22 By James C. Hathaway

Drawing on international refugee and human rights law, particularly the 1951 Convention relating to the Status of Refugees and the work of the United Nations High Commissioner for Refugees (UNHCR), it outlines both the legal rights of ...

Author: Caitlin Dearing

Publisher:

ISBN: 0578038382

Category: Human rights

Page: 71

View: 538

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"This report is a case study of the violation of refugee rights resulting from the three decades old warehousing of Sahrawi refugees in Algeria. It includes a brief introduction to the background of the factors that generated the refugee situation, an analysis of the current deplorable state of refugees in camps near the city of Tindouf in southwestern Algeria, and an assessment of how their rights are being violated under international refugee law. Drawing on international refugee and human rights law, particularly the 1951 Convention relating to the Status of Refugees and the work of the United Nations High Commissioner for Refugees (UNHCR), it outlines both the legal rights of Sahrawi refugees and the legal responsibilities of UNHCR and the host country, Algeria. By assessing the responsibilities and shortcomings of UNHCR and Algeria in derogating from their obligations under international law, this report seeks to call international attention to the problem of refugee warehousing and to offer realistic suggestions for further international action that is urgently needed to improve the lives of the Sahrawi refugees and guarantee their rights under international refugee law."--P. v.
2009 By Caitlin Dearing

Author: Atle Grahl-Madsen

Publisher:

ISBN: UCSC:32106006076159

Category: Political refugees

Page: 981

View: 643

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Includes statistical tables.

Author: Muhammed Tawfiq Ladan

Publisher:

ISBN: UOM:39015073945563

Category: Africa

Page: 405

View: 162

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Includes statistical tables.

This book examines the rules governing the right to asylum in the European Union.

Author: Francesco Cherubini

Publisher: Routledge

ISBN: 9781317804444

Category: Law

Page: 290

View: 945

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This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.
2014-11-13 By Francesco Cherubini

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: 686

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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.
2020-09-01 By Romit Bhandari

This book addresses the forms of legal protection extended to people displaced due to the consequences of climate change, and who have either become refugees by crossing international borders or are climatically displaced persons (CDPs) in ...

Author: Stellina Jolly

Publisher: Springer

ISBN: 9789811331374

Category: Law

Page: 288

View: 447

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This book addresses the forms of legal protection extended to people displaced due to the consequences of climate change, and who have either become refugees by crossing international borders or are climatically displaced persons (CDPs) in their own homelands. It explores the legal response of the South Asian Jurisdictions to these refugee-like situations, and also to what extent these people are protected under current international law. The book critically examines and assesses whether States have obligations to protect people displaced by climate change under international refugee law (IRL) and international climate change law (ICCL). It discusses the issue of climate migration in South Asia, analyzes the legal and judicial response initiated by South Asian nations, and also investigates the role of SAARC in relation to climate change and climate refugees. Drawing on the International Legal Standards and States’ Practices in South Asia regarding climate refugees, the book shows how IRL, ICCL, and IHRL (international human rights law) have been used to address and identify the gaps in the global legal protection framework concerning the contours of the normative debate on climate refugees, climate change displacement, migration, forced migration, susceptibility to climate change, typology of climate change-induced displacement, role of the SAARC and its municipal legal systems, approaches to climate change, human mobility and developing a hybrid regional law, or advocating a legal alternative of equal measure in a region characterized by diversity and multiculturalism. The book offers valuable takeaways for students, researchers, consultants, practitioners and policymakers alike.
2018-12-28 By Stellina Jolly

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