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.

The Law of Refugee Status

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 1107012511

Page: 776

View: 496

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

Judicial Interpretation of Refugee Status

the contemporary EU context of legal and political harmonisation / unification
efforts , especially with reference to the questions of territorial asylum and the law
of refugee status , comparative research takes on a particular significance .

Judicial Interpretation of Refugee Status

Author: Nicholas Sitaropoulos

Publisher:

ISBN:

Page: 521

View: 383

"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.

Gender and Refugee Status

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

Gender and Refugee Status

Author: Thomas Spijkerboer

Publisher: Routledge

ISBN: 1351934813

Page: 288

View: 460

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.

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 .

World Refugee Report

Author:

Publisher:

ISBN:

Page:

View: 722

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 .

Country Reports on Human Rights Practices

Author:

Publisher:

ISBN:

Page:

View: 178

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; ...

Palestinian Refugees in International Law

Author: Francesca Albanese

Publisher: Oxford University Press, USA

ISBN: 019878404X

Page: 608

View: 829

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.

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 ...

Documents on the Law of UN Peace Operations

Author: Bruce Oswald

Publisher: Oxford University Press, USA

ISBN: 019875728X

Page: 704

View: 123

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.

International Migration Law

with the law of aliens is obvious with regard to the first parameter of the refugee
status, since the notions of presence and residence are the traditional entitlement
criteria to define the legal status of aliens.” Likewise, the standards of treatment ...

International Migration Law

Author: Vincent Chetail

Publisher: OUP Oxford

ISBN: 0199668264

Page: 575

View: 233

A unique and comprehensive overview on the numerous international rules governing migration, this book brings together and analyses the disparate norms and treaties within international and European law. It is a critical study of the role of international law in regulating the movement of persons, offering an ideal introduction to the field.

Refugees and the Law Second Edition

He submitted that he was knowing that the Visa had expired the accused is
accored refugee status by the United Nation High Commission of Refugee on
12.11.2002. The leniency is prayed on the ground that he is in dramatic, play
write, and ...

Refugees and the Law  Second Edition

Author: Jayshree Satpute

Publisher: Socio Legal Information Cent

ISBN: 8189479806

Page: 557

View: 138

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.

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

Author: Andreas Zimmermann

Publisher: Oxford University Press

ISBN: 0199542511

Page: 1799

View: 665

'.. 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.'

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.

Contemporary Issues in Refugee Law

Author: Satvinder Singh Juss

Publisher: Edward Elgar Publishing

ISBN: 1782547665

Page: 336

View: 506

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.

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
 ...

Refugee Status Appeals Authority  New Zealand

Author:

Publisher:

ISBN:

Page: 223

View: 474

Contains decision on appeal for refugee status for Ahmed Zaoui.

Nationality and Statelessness in the International Law of Refugee Status

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

Nationality and Statelessness in the International Law of Refugee Status

Author: Eric Fripp

Publisher: Bloomsbury Publishing

ISBN: 1782259228

Page: 416

View: 802

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.

Gender in Refugee Law

Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law.

Gender in Refugee Law

Author: Efrat Arbel

Publisher: Routledge

ISBN: 1135038112

Page: 296

View: 352

Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.

Refugee Law and Policy

Early Twentieth Century Concepts of the Refugee James C . Hathaway , The
Development of the Refugee Definition in International Law , The Law of Refugee
Status Notes 2 . The IRO Refugee Definition ( 1947 ) Notes 3 . The Refugee ...

Refugee Law and Policy

Author: Karen Musalo

Publisher:

ISBN:

Page: 990

View: 868

Immigration and Refugee Law in Australia

No Australian court has held the other parts of the instruments to have become
part of the Common Law : see Mayer ( 1985 ) ... The Determination of Refugee
Status Committee ( DORS ) 1978 - 1990 Until quite recently , Australia had no
formal ...

Immigration and Refugee Law in Australia

Author: Mary Crock

Publisher:

ISBN:

Page: 331

View: 331

Text providing an account of the laws and policies governing immigration and refugee law in Australia. Examines the sources of immigration and refugee law and looks at the relationship between immigration and Australia's perceived social and economic needs. Discusses topics such as the visa system, the legal status of the refugee in Australia, nature of immigration control, the role of tribunals in reviewing the merits of migration decisions and role of the courts in judicial review of both Departmental and tribunal rulings. Includes a table of cases, a table of statutes, a bibliography and an index. The author is a lecturer in the faculty of law at the University of Sydney.

The New Law Journal

This procedure enhances picture of this legislation ; a few examples refugee
status , and contain safeguards the importance of the decision on refugee must
suffice . against the refusal of entry or residence , status , as non - recognition
may ...

The New Law Journal

Author:

Publisher:

ISBN:

Page:

View: 418

Beyond Law

or refugee der the auspin The James C . Hathaway , ly that , despite alternative
regional or The Law of Refugee Status ( 1991 ) . non - legal refugee protection
systems , Toronto : Butterworths Canada Ltd . , international state practice still " is
 ...

Beyond Law

Author:

Publisher:

ISBN:

Page:

View: 750