Towards a Refugee Oriented Right of Asylum


Book Description

This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.




Towards a Refugee Oriented Right of Asylum


Book Description

This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.




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.




International Migration and Refugee Law. Does Germany's Migration Policy Toward Syrian Refugees Comply?


Book Description

Germany will spend around $6.6 billion to cope with an estimated 800,000 refugees expected to have entered the country in the year 2016; this reality indeed extending further into 2017. Despite this overwhelming number of people entering the country, Chancellor Angela Merkel stated that there is “no legal limit to the number of asylum seekers Germany will take in in the coming years.” The announcement by Merkel's coalition government arrived following Germany and Austria opening their borders to the large numbers of refugees making their way north and west from the Middle East, Africa and elsewhere. In particular, this statement came after the Syrian refugee crisis created the biggest refugee crisis the world has seen since the Second World War. Germany is seen as the immigration hub of Europe. It also happens to be the second most popular destination for immigrants after the United States of America. Germany is also the country in Europe with the highest numbers of foreign nationals to date. Germany established a new immigration law in 2005 was born out of a realization that it was coming to terms with a demographic crisis stemming from an ageing population and further complimented by a sharp decline national birth rates. In foresight, and within this unfortunate context, migration was seen by much of the German political class as an economic necessity, and the answer to the German economic and demographic time bomb. Between the years 2009 and 2014, annual net migration in Germany rose from 100,000 to 580,000 individuals. Moreover, the inflow of foreign nationals increased from 266,000 to 790,000 individuals. As of January 2015, approximately 10% of residents in Germany were foreign nationals, with around 12% born outside the country. Naturally, these figures have all risen significantly following Merkel’s decision to allow what has reached one million refugees and migrants into Germany across 2016 and moving into 2017. Moving from this reality, the research will focus on the importance of the compliance of Germany’s migration policy with International Refugee and Migration Law, as it is crucial for the country’s survivability and move forward throughout this phase of its history. The importance of the research lies in whether or not Germany’s migration policy towards the Syrian Refugees in particular complies with its duties toward international law embodied in the treaties and conventions it has committed to.




International Refugee Law


Book Description

The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.




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.




The Right to Asylum in International Law and Legal Philosophy - The Syrian Conflict and Refugee Crisis


Book Description

Step into the heart of one of the most pressing issues of our time with Rawan Diab's book, "The Right to Asylum in International Law and Legal Philosophy - The Syrian Conflict and Refugee Crisis." Diab navigates the intricate web of migration, shedding light on the historical, political, and philosophical dimensions that have shaped our world with particular reference to the Syrian Conflict and refugee crisis. In a century marked by unprecedented global migration, Diab delves into the myriad challenges faced by individuals seeking refuge from extreme poverty, internal conflicts, and environmental disasters. Focusing on the Syrian conflict and the refugee crisis, this book provides a profound examination of the factors driving migration, the evolving landscape of international law, and the philosophical underpinnings of open borders. Diab's work confronts the stark realities faced by asylum seekers, particularly those from regions like Syria, Libya, Iraq, Somalia, and Azerbaijan. The author scrutinizes the complexities of migration policies, the reluctance of "modern States" to open their borders, and the poignant struggles of those who seek safety and security. With a meticulous analytical approach, the book addresses pivotal questions surrounding the right to leave, the right to stay, and the future of global migration policies. From the legal foundations outlined in the Universal Declaration of Human Rights to the intricate workings of the principle of non-refoulement, Diab weaves a comprehensive narrative that engages scholars, policymakers, and concerned citizens alike. "The Right to Asylum in International Law and Legal Philosophy" is not just a book; it's a journey into the heart of human rights, justice, and the very fabric of our interconnected world. Rawan Diab invites you to explore, learn, and be part of the discourse shaping the future of migration. Order your copy today and become a participant in this vital conversation. CONTENTS: Introduction First Chapter: Terminology Second Chapter: Is There a Right to Leave? Third Chapter: Is There a Right to Stay? Conclusion




LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective


Book Description

This book addresses the ‘three moments’ in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers’ and refugees’ efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status.The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons’ flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers’ journey.In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries’ interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one’s sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges.The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them.




Conflict Refugees


Book Description

Uncovers judicial approaches to refugee law across the European Union in the cases of refugees fleeing armed conflicts.




Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria


Book Description

This open access monograph provides sociological insight into governmental action on the administration of asylum in the European context. It offers an in-depth understanding of how decision-making officials encounter and respond to structural contradictions in the asylum procedure produced by diverging legal, political, and administrative objectives. The study focuses on structural aspects on the one hand, such as legal and organisational elements, and aspects of agency on the other hand, examining the social practices and processes going on at the frontside and the backside of the administrative asylum system. Coverage is based on a case study using ethnographic methods, including qualitative interviews, participant observation, as well as artefact analysis. This case study is positioned within a broader context and allows for comparison within and beyond the European system, building a bridge to the international scientific community. In addition, the author links the empirical findings to sociological theory. She explains the identified patterns of social practice in asylum administration along the theories of social practices, social construction and structuration. This helps to contribute to the often missing theoretical development in this particular field of research. Overall, this book provides a sociological contribution to a key issue in today's debate on immigration in Europe and beyond. It will appeal to researchers, policy makers, administrators, and practitioners as well as students and readers interested in immigration and asylum.