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: 679

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

This book is an attempt to explain the scope of the Convention refugee definition as drafted, and as it has evolved in practice." -- from the Preface, p. v.

The Law of Refugee Status

Author: James C. Hathaway

Publisher: Lexis Pub

ISBN: 9780409805031

Page: 252

View: 611

"A Convention refugee is a person who is outside her country because she reasonably believes that her civil or political status puts her at risk of serious harm in that country, and that her own government cannot or will not protect her. The Convention refugee definition is of singular importance because it has been subscribed to by more than one hundred nations in the only refugee accords of global scope. Many nations have also chosen to import this standard into their domestic immigration legislation as the basis upon which asylum and other protection decisons are made. Yet this legal definition of a refugee is at odds with the ordinary, social perception of refugee status...This book is an attempt to explain the scope of the Convention refugee definition as drafted, and as it has evolved in practice." -- from the Preface, p. v.

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: 198

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.

Judicial Interpretation of 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 ...

Judicial Interpretation of Refugee Status

Author: Nicholas Sitaropoulos

Publisher:

ISBN:

Page: 521

View: 414

"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.

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: 448

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.

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: 629

'.. 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.'

Research Handbook on International Refugee Law

This insightful Research Handbook is a timely contribution to that debate.

Research Handbook on International Refugee Law

Author: Satvinder Singh Juss

Publisher: Edward Elgar Publishing

ISBN: 0857932810

Page: 464

View: 671

In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.

Adjudicating Refugee and Asylum Status

A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.

Adjudicating Refugee and Asylum Status

Author: Benjamin N. Lawrance

Publisher: Cambridge University Press

ISBN: 1107069068

Page: 280

View: 310

A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.

Seeking Asylum in the UK

An examination of the emergence of the legal regime in the United Kingdom addressing refugees and asylum seekers.

Seeking Asylum in the UK

Author: Colin Harvey

Publisher: Cambridge University Press

ISBN: 9780406895929

Page: 345

View: 134

An examination of the emergence of the legal regime in the United Kingdom addressing refugees and asylum seekers.

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.

International Refugee Law and the Protection of Stateless Persons

Author: Michelle Foster

Publisher: Oxford University Press

ISBN: 0192515551

Page: 200

View: 324

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.

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: 778

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.

Human Rights and the Refugee Definition

In Human Rights and the Refugee Definition, Burson and Cantor bring together over a dozen contributions that add a fine-grained comparative perspective to the debate on whether, or how, interpretation of the refugee definition should take ...

Human Rights and the Refugee Definition

Author: Bruce Burson

Publisher: BRILL

ISBN: 9004288597

Page: 428

View: 895

In Human Rights and the Refugee Definition, Burson and Cantor bring together over a dozen contributions that add a fine-grained comparative perspective to the debate on whether, or how, interpretation of the refugee definition should take account of human rights 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.

The Rights of Refugees under International Law

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 9781139445764

Page:

View: 636

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.

The Right to Seek Refugee Status in the European Union

It is critical that the asylum policy of the European Union fully realises the right to seek refugee status that may be inferred from the 1951 United Nations Regufee Convention provisions.

The Right to Seek Refugee Status in the European Union

Author: Sylvie Da Lomba

Publisher: Intersentia nv

ISBN: 9050953492

Page: 325

View: 255

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.

Legitimising Rejection

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 ...

Legitimising Rejection

Author: Sara Ellen Davies

Publisher: BRILL

ISBN: 9004163514

Page: 288

View: 323

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.

An Introduction to International Refugee Law

LOSS AND DENIAL OF REFUGEE STATUS Vanessa Bettinson* Introduction
During the drafting process of many international human rights instru- ments
states have long shown an interest in ensuring certain limitations on the
obligations ...

An Introduction to International Refugee Law

Author: M. Rafiqul Islam

Publisher: Martinus Nijhoff Publishers

ISBN: 9004226168

Page: 448

View: 529

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.