Human Rights and the Refugee Definition

Human Rights and the Refugee Definition PDF

Author: Bruce Burson

Publisher: BRILL

Published: 2016-02-18

Total Pages: 427

ISBN-13: 9004288597

DOWNLOAD EBOOK →

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 Refugee Definition in International Law

The Refugee Definition in International Law PDF

Author: Hugo Storey

Publisher: Oxford University Press

Published: 2024-01-06

Total Pages: 833

ISBN-13: 0198842643

DOWNLOAD EBOOK →

In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.

The Refugee in International Law

The Refugee in International Law PDF

Author: Guy S. Goodwin-Gill

Publisher: Oxford University Press

Published: 2021-09-09

Total Pages: 865

ISBN-13: 0192536508

DOWNLOAD EBOOK →

The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.

The Oxford Handbook of International Refugee Law

The Oxford Handbook of International Refugee Law PDF

Author: Cathryn Costello

Publisher: Oxford University Press

Published: 2021

Total Pages: 1337

ISBN-13: 0198848633

DOWNLOAD EBOOK →

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.

Refugees and the Myth of Human Rights

Refugees and the Myth of Human Rights PDF

Author: Emma Larking

Publisher: Routledge

Published: 2016-04-08

Total Pages: 208

ISBN-13: 1317069285

DOWNLOAD EBOOK →

Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they also spend billions fortifying their borders, detaining unauthorised immigrants, and policing migration. Meanwhile, public debate over the West’s obligations to unauthorised immigrants is passionate, vitriolic, and divisive. Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.

Broadening the Edges

Broadening the Edges PDF

Author: Pirkko Kourula

Publisher: Martinus Nijhoff Publishers

Published: 1997-08-20

Total Pages: 428

ISBN-13: 9041104801

DOWNLOAD EBOOK →

This volume brings the refugee issue out of the narrow confines of refugee law into the centre of international law and international relations. It reviews the concept of the refugee and the international protection of refugees from the unconventional angle of the prospects and limitations of multilateralism in the post Cold War era. The broadening concept of security, affecting the attitudes of states towards refugees, is the underlying theme of the book. As a result, the contemporary preoccupation with how best to provide international protection to all those in need of it is reviewed from a number of relevant perspectives: including that of peacekeeping, sanctions, and coordination and competence within the United Nations.

The Law of Refugee Status

The Law of Refugee Status PDF

Author: James C. Hathaway

Publisher: Cambridge University Press

Published: 2014-07-03

Total Pages: 777

ISBN-13: 1107012511

DOWNLOAD EBOOK →

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

Broadening the Edges

Broadening the Edges PDF

Author: Pirkko Kourula

Publisher: BRILL

Published: 2023-12-11

Total Pages: 425

ISBN-13: 900463651X

DOWNLOAD EBOOK →

This ground-breaking volume brings the refugee issue out of the narrow confines of refugee law into the centre of international law and international relations. It reviews the concept of the refugee and the international protection of refugees from the unconventional angle of the prospects and limitations of multilateralism in the post Cold War era. This approach - taking conflict prevention and resolution as its point of departure - ensures that Broadening the Edges: Refugee Definition and International Protection Revisited is not only novel, but comprehensive and practical as well. It is comprehensive because it offers a review of state practice within the United Nations and regional contexts, as well as a review of the practice of the United Nations inter-agency system. It is practical because it is based on the personal experience of its author, not on theoretical models. The broadening concept of security, affecting the attitudes of states towards refugees, is the underlying theme of the book. As a result, the contemporary preoccupation with how best to provide international protection to all those in need of it is reviewed from a number of relevant perspectives - including that of peacekeeping, sanctions, and coordination and competence within the United Nations. Pirkko Kourula worked for some twelve years in UNHCR in Asia, Europe and the USA, and was Deputy Director of UNHCR Liaison Office at United Nations Headquarters in New York from 1991 to 1996. She was also Director for Humanitarian Assistance and Food Aid at FINNIDA, the Finnish International Development Agency, Ministry of Foreign Affairs.

The Refugee Status of Persons with Disabilities

The Refugee Status of Persons with Disabilities PDF

Author: Stephanie Anna Motz

Publisher: BRILL

Published: 2020-11-04

Total Pages: 401

ISBN-13: 9004427309

DOWNLOAD EBOOK →

This is the first comprehensive study on the refugee definition for persons with disabilities. It proposes a disability-specific approach to refugee status analysing the different elements of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities.