L'asile politique en question


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L'asile politique entre deux chaises


Book Description

La question des relations entre l'asile politique et immigration est considérée comme dangereuse à la fois par de nombreux défenseurs du droit d'asile qui souhaitent le protéger, le distinguant nettement de l'immigration, et par certains adeptes de la fermeture des frontières soucieux de ne pas faire de lien entre le contrôle de l'immigration et les atteintes au droit d'asile. L'ambition de l'ouvrage est de développer une analyse des relations réciproques entre asile et immigration en s'appuyant sur des travaux comparatifs et des études de cas concrets.




Le droit d'asile en question


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Recueil Des Cours, Collected Courses 1938


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Refugees and the Promise of Asylum in Postwar France, 1945–1995


Book Description

This book recounts France’s responses to refugees from the liberation of Paris in 1944 to the end of the civil wars in the former Yugoslavia in 1995. It questions whether France fulfilled the promise of asylum for those persecuted for the ‘cause of liberty’ made in its Constitution of 1946. Post-war development and the demand for immigrant workers were favourable to refugees from the Communist east, from Franco’s Spain, from Hungary after insurrection of 1956, and later from Latin America and Indochina. Asylum developed nationally in conjunction with international developments, the interventions of the United Nations High Commissioner for Refugees, and the adoption of the 1951 Refugee Convention. Economic ruptures in the 1970s, however, and the appearance of refugees from Asia and Africa, led to the assertion of national priorities and brought about a sense of crisis, and questions about whether France could continue to fulfil its promise.




Who is a Refugee?


Book Description

This book provides a comparative study of refugee case law in Europe and North America. Nearly five thousand decisions were recorded and one thousand five hundred have been considered in the national reports. This descriptive work is followed by a more analytical part, offering a new way to interpret the definition of a refugee based on three elements: Risk, Persecution and Proof (R.P.P.), summarized in the `Theory of the Three Scales'. This book will be of great interest to organisations, practitioners and decisions makers in Refugee Law, and to scholars of Comparative Law. Of related interest: Europe and Refugees: A Challenge?/L'Europe et les réfugiés: un défi?, edited by Jean-Yves Carlier and Dirk Vanheule (Kluwer Law International, 1997, 90-411-0347-3), contains a collection of essays analysing the plight of refugees today, paying particular attention to the situation in Europe, and to the new European treaties such as the Dublin Convention, the Schengen Agreement and the Resolution of the European Union.




Europe Et Les Réfugiés


Book Description

This book provides a comparative study of refugee case law in Europe and North America. Nearly five thousand decisions were recorded and one thousand five hundred have been considered in the national reports. This descriptive work is followed by a more analytical part, offering a new way to interpret the definition of a refugee based on three elements: Risk, Persecution and Proof (R.P.P.), summarized in the 'Theory of the Three Scales'. This book will be of great interest to organisations, practitioners and decisions makers in Refugee Law, and to scholars of Comparative Law. Of related interest: Europe and Refugees: A Challenge?/L'Europe et les réfugiés: un défi?, edited by Jean-Yves Carlier and Dirk Vanheule (Kluwer Law International, 1997, 90-411-0347-3), contains a collection of essays analysing the plight of refugees today, paying particular attention to the situation in Europe, and to the new European treaties such as the Dublin Convention, the Schengen Agreement and the Resolution of the European Union.




The Refugee Definition in International Law


Book Description

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.