Refugee Law's Fact-Finding Crisis


Book Description

Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.




Refugee Law's Fact-Finding Crisis


Book Description

At a time when many around the world are fleeing their homes, seeking refugee protection has become a game of chance. Partly to blame is the law that governs how refugee status decision-makers resolve their doubts. This long-neglected branch of refugee law has been growing in the dark, with little guidance from the Refugee Convention and little attention from scholars. By looking closely at the Canadian jurisprudence, Hilary Evans Cameron provides the first full account of what this law is trying to accomplish in a refugee hearing. She demonstrates how a hole in the law's normative foundations is contributing to the dysfunction of one of the world's most respected refugee determination systems, and may well be undermining refugee protection across the globe. The author uses her findings to propose a new legal model of refugee status decision-making.




The Refugee in International Law


Book Description

The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.




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 Transformation of Human Rights Fact-finding


Book Description

Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.




Facts in Public Law Adjudication


Book Description

This book explores critical issues about how courts engage with questions of fact in public law adjudication. Although the topic of judicial review - the mechanism through which individuals can challenge governmental action - continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication. The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts. The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.




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.




No Refuge


Book Description

Syrians crossing the Mediterranean in ramshackle boats bound for Europe; Sudanese refugees, their belongings on their backs, fleeing overland into neighboring countries; children separated from their parents at the US/Mexico border--these are the images that the Global Refugee Crisis conjures to many. In the news we often see photos of people in transit, suffering untold deprivations in desperate bids to escape their countries and find safety. But behind these images, there is a second crisis--a crisis of arrival. Refugees in the 21st century have only three real options--urban slums, squalid refugee camps, or dangerous journeys to seek asylum--and none provide genuine refuge. In No Refuge, political philosopher Serena Parekh calls this the second refugee crisis: the crisis of the millions of people who, having fled their homes, are stuck for decades in the dehumanizing and hopeless limbo of refugees camps and informal urban spaces, most of which are in the Global South. Ninety-nine percent of these refugees are never resettled in other countries. Their suffering only begins when they leave their war-torn homes. As Parekh urgently argues by drawing from numerous first-person accounts, conditions in many refugee camps and urban slums are so bleak that to make people live in them for prolonged periods of time is to deny them human dignity. It's no wonder that refugees increasingly risk their lives to seek asylum directly in the West. Drawing from extensive first-hand accounts of life as a refugee with nowhere to go, Parekh argues that we need a moral response to these crises--one that assumes the humanity of refugees in addition to the challenges that states have when they accept refugees. Only once we grasp that the global refugee crisis has these two dimensions--the asylum crisis for Western states and the crisis for refugees who cannot find refuge--can we reckon with a response proportionate to the complexities we face. Countries and citizens have a moral obligation to address the structures that unjustly prevent refugees from accessing the minimum conditions of human dignity. As Parekh shows, there are ways we as citizens can respond to the global refugee crisis, and indeed we are morally obligated to do so.




Threads


Book Description

A heartbreaking, full-color graphic novel of the refugee drama In the French port town of Calais, famous for its historic lace industry, a city within a city arose. This new town, known as the Jungle, was home to thousands of refugees, mainly from the Middle East and Africa, all hoping, somehow, to get to the UK. Into this squalid shantytown of shipping containers and tents, full of rats and trash and devoid of toilets and safety, the artist Kate Evans brought a sketchbook and an open mind. Combining the techniques of eyewitness reportage with the medium of comic-book storytelling, Evans has produced this unforgettable book, filled with poignant images—by turns shocking, infuriating, wry, and heartbreaking. Accompanying the story of Kate’s time spent among the refugees—the insights acquired and the lives recounted—is the harsh counterpoint of prejudice and scapegoating arising from the political right. Threads addresses one of the most pressing issues of modern times to make a compelling case, through intimate evidence, for the compassionate treatment of refugees and the free movement of peoples. Evans’s creativity and passion as an artist, activist, and mother shine through.