The Refugees Convention 50 Years on


Book Description

This title was first published in 2003. The authors of the essays in this collection, all internationally recognised refugee scholars and practitioners, look at the controversial "hot" topic of refugee rights. They consider whether, 50 years after its agreement, the Refugees' Convention can provide an adequate framework for protection. In particular, the authors address: the effect of globalization upon the human rights of asylum seekers and refugees; the efficacy of the Convention as an instrument of international law; the role of the UNHCR; whether NGOs are effective instruments for change; and nationality and citizenship issues. They also consider alternatives and options for solutions to the global refugee problem.




The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol 2e


Book Description

The 1951 Refugee Convention and its 1967 Protocol are the cornerstones of international refugee law. This Commentary provides a systematic, article-by-article analysis of their provisions in addition to crosscutting thematic chapters. The Commentary is an indispensable tool for lawyers, decision-makers, and academics.




The Law of Refugee Status


Book Description

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




The Rights of Refugees under International Law


Book Description

The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.




In Flight from Conflict and Violence


Book Description

The impact of violence and conflict on refugee status determination and international protection is a key developing field. Given the contemporary dynamics of armed conflict, how to interpret and apply the refugee definitions at global and regional levels is increasingly relevant to governmental policy-makers, decision-makers, legal practitioners, academics and students. This book will provide a comprehensive analysis of the global and regional refugee instruments as they apply to claimants in flight from situations of armed violence and conflict, exploring their interrelationship and how they are interpreted and applied (or should be applied). As part of a broader United Nations High Commissioner for Refugees project to develop guidelines on the interpretation and application of international refugee law instruments to claimants fleeing armed conflict and other situations of violence, it includes contributions from leading scholars and practitioners in this field as well as emerging authors with specific expertise.




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.




Refugee Protection


Book Description

2. The role of UNHCR




Discrimination and Delegation


Book Description

What explains the variety of responses that states adopt toward different refugee groups? Refugees might be granted protection or turned away; they might be permitted to live where they wish and earn an income, pursue education, and access medical treatment; or, they might be confined to a camp and forced to rely on aid while being denied basic services. However, states do not consistently wield their capacity for control, nor do they jealously guard their authority to regulate. In this book, Lamis Elmy Abdelaaty asks why states sometimes assert their sovereignty vis-à-vis refugee rights and at other times seemingly cede it by delegating refugee oversight to the United Nations. To explain this selective exercise of sovereignty, Abdelaaty develops a two-part theoretical framework in which policymakers in refugee-receiving countries weigh international and domestic concerns. Policymakers in a receiving country might decide to offer protection to refugees from a rival country in order to undermine the sending country's stability, saddle it with reputation costs, and even engage in guerilla-style cross-border attacks. At the domestic level, policymakers consider political competition among ethnic groups--welcoming refugees who are ethnic kin of citizens can satisfy domestic constituencies, expand the base of support for the government, and encourage mobilization along ethnic lines. When these international and domestic incentives conflict, the state shifts responsibility for refugees to the UN, which allows policymakers to placate both refugee-sending countries and domestic constituencies. Abdelaaty analyzes asylum admissions worldwide, and then examines three case studies in-depth: Egypt (a country that is broadly representative of most refugee recipients), Turkey (an outlier that has limited the geographic application of the Refugee Convention), and Kenya (home to one of the largest refugee populations in the world). Discrimination and Delegation argues that foreign policy and ethnic identity, more so than resources, humanitarianism, or labor skills, shape reactions to refugees.




Rethinking Refugee Law


Book Description

Refugee law faces a serious crisis in Europe. This crisis highlights the need to explain the following questions: What is the relationship between refugee law and immigration policy? How much immigration do States need to tolerate for moral and practical reasons even if they do not wish any immigration? The general legal principle of necessity offers a useful theoretical basis for refugee law. Necessity explains the conditions under which it would be unfair to fight off unwanted immigrants by deportation and punishment. Necessity also explains the conditions under which a restrictive immigration policy is not feasible at a reasonable cost versus desperate individuals. It follows that necessity overrules a restrictive immigration policy and qualifies as a robust explanation of the purpose of a fair refugee policy. This study explores the consequences of the theory of necessity for the interpretation of key concepts of refugee law (persecution, well-founded fear, reasons of persecution, asylum) and concludes that a generous refugee practice can be conceived and logically justified even if a restrictive immigration policy is a political reality.




The Arc of Protection


Book Description

The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.