International Legal Standards for the Protection from Refoulement


Book Description

Every year, millions of people are seeking protection in countries other than their own for fear of being tortured, persecuted, or killed. Finding protection is not easy. States are closely guarding their borders, making it difficult for aliens to seek protection from serious harm. No matter where they are or why they flee, people seeking international protection are vulnerable and insecure - in dire need of knowing, understanding, and receiving their rights. This book explores the basic right of every forcibly-displaced person to be protected from refoulement (forced return). The prohibition of refoulement is the cornerstone of international refugee and asylum law and aims to provide protection to people at risk of persecution, torture, inhuman treatment, or other human rights violations upon return to their own country. This book provides a comprehensive legal analysis of prohibitions of refoulement contained in four human rights treaties - the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture. The emphasis of the analysis is on the international meaning of the prohibitions of refoulement and on the responsibilities of States deriving from these prohibitions. The four treaties are analyzed in separate chapters. The final chapter compares the prohibitions of refoulement contained in the four investigated treaties. This book will be an important resource for legal scholars, students, and practitioners working with asylum seekers and refugees throughout the world. It is also a reminder for States which have obliged themselves to protect people from becoming victims of unspeakable atrocities.







Frontex and Non-Refoulement


Book Description

Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.




The Refugee in International Law


Book Description

Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.




The Rights of Refugees under International Law


Book Description

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 Oxford Handbook of International Refugee Law


Book Description

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.




The Refugee in International Law


Book Description

Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book, the leading text in the field, examines key challenges to the Convention such as the status of refugees, applications for asylum, and the international and domestic standards of protection. 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 fourth edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis. The books includes: analysis of internally displaced persons; so-called preventive protection; access to refugees; safety of refugees and relief personnel; the situation of refugee women and children; a detailed examination of the role of the UNHCR and the Palestinian situation; and an assessment of the protection possibilities (or lack of them) in the European Convention on Human Rights. This new edition has been expanded with coverage of forced migration and displacement as a result of disasters and climate change. It is once again an unmissable reference work for practitioners and students in the field.




The Practice of Shared Responsibility in International Law


Book Description

This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.




UNHCR and International Refugee Law


Book Description

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.




Refugee Protection in International Law


Book Description

Alongside a panel of experts, the UNHCR examines the interpretation of the 1951 Refugee Convention.