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 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."--Provided by publisher.




The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol


Book Description

The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.




Refugee Protection


Book Description

2. The role of UNHCR




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 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.




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 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 Child in International Refugee Law


Book Description

Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.




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.