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Conflict Displacement And Legal Protection
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Book Synopsis Conflict Displacement and Legal Protection by : Charlotte Lülf
Download or read book Conflict Displacement and Legal Protection written by Charlotte Lülf and published by Routledge. This book was released on 2019-02-05 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.
Book Synopsis Armed Conflict and Forcible Displacement by : Elena Katselli Proukaki
Download or read book Armed Conflict and Forcible Displacement written by Elena Katselli Proukaki and published by Routledge. This book was released on 2018-03-05 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.
Book Synopsis Protecting the Internally Displaced by : Phil Orchard
Download or read book Protecting the Internally Displaced written by Phil Orchard and published by Routledge. This book was released on 2018-11-01 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, there are over 40 million conflict-induced internally displaced persons (IDPs) globally, almost double the number of refugees. Yet, IDPs are protected only by the soft-law Guiding Principles on Internal Displacement at the global level. Instead of a dedicated international organization, IDPs receive protection and assistance only through the UN’s cluster approach. Orchard argues that while an international IDP protection regime exists, many aspects of it are informal, with IDP issues bound up in a humanitarian regime complex that divides the mandates of key organizations and even the question of IDP status itself. While the Guiding Principles mark an important step forward, implementation of laws and policies based on them at the domestic level remains haphazard. Action at the international level similarly reflects an all-too-often ad hoc approach to IDP issues. Through an in-depth examination of IDP efforts at the international level and across the forty states which have adopted IDP laws and policies, Orchard argues that while progress has been made, new and greater monitoring and accountability mechanisms at both the domestic and international levels are critical. This work will be valuable to scholars, students, and practitioners of forced migration, international relations theory, and the Responsibility to Protect doctrine.
Book Synopsis Armed Conflict and Displacement by : Mélanie Jacques
Download or read book Armed Conflict and Displacement written by Mélanie Jacques and published by Cambridge University Press. This book was released on 2012-09-20 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed analysis of contemporary issues relating to international humanitarian law and its interplay with war migrants.
Download or read book Forcibly Displaced written by World Bank and published by World Bank Publications. This book was released on 2017-08-01 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Syrian refugee crisis has galvanized attention to one of the world’s foremost challenges: forced displacement. The total number of refugees and internally displaced persons, now at over 65 million, continues to grow as violent conflict spikes.This report, Forcibly Displaced: Toward a Development Approach Supporting Refugees, the Internally Displaced, and Their Hosts, produced in close partnership with the United Nations High Commissioner for Refugees (UNHCR), attempts to sort fact from fiction to better understand the scope of the challenge and encourage new thinking from a socioeconomic perspective. The report depicts the reality of forced displacement as a developing world crisis with implications for sustainable growth: 95 percent of the displaced live in developing countries and over half are in displacement for more than four years. To help the displaced, the report suggests ways to rebuild their lives with dignity through development support, focusing on their vulnerabilities such as loss of assets and lack of legal rights and opportunities. It also examines how to help host communities that need to manage the sudden arrival of large numbers of displaced people and that are under pressure to expand services, create jobs, and address long-standing development issues. Critical to this response is collective action. As work on a new Global Compact on Responsibility Sharing for Refugees progresses, the report underscores the importance of humanitarian and development communities working together in complementary ways to support countries throughout the crisis†•from strengthening resilience and preparedness at the onset to creating lasting solutions.
Book Synopsis The International Protection of Internally Displaced Persons by : Catherine Phuong
Download or read book The International Protection of Internally Displaced Persons written by Catherine Phuong and published by Cambridge University Press. This book was released on 2005-01-27 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect the internally displaced. It will be of interest to all those involved with the internally displaced, as well as anyone seeking to gain an overall understanding of this complex issue.
Book Synopsis The Internally Displaced Person in International Law by : Romola Adeola
Download or read book The Internally Displaced Person in International Law written by Romola Adeola and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons.
Book Synopsis The Legal Protection of Refugees with Disabilities by : Mary Crock
Download or read book The Legal Protection of Refugees with Disabilities written by Mary Crock and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking book focuses on the ‘forgotten refugees’, detailing people with disabilities who have crossed borders in search of protection from disaster or human conflict. The authors explore the intersection between one of the oldest international human rights treaties, the 1951 Convention relating to the Status of Refugees, with one of the newest: the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on fieldwork in six countries hosting refugees in a variety of contexts – Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey – the book examines how the CRPD is (or should) be changing the way that governments and aid agencies engage with and accommodate persons with disabilities in situations of displacement. The timeliness of the book is underscored by the adoption in mid-2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action adopted at the World Humanitarian Summit.
Book Synopsis Armed Conflict and Displacement by : Mélanie Jacques
Download or read book Armed Conflict and Displacement written by Mélanie Jacques and published by Cambridge University Press. This book was released on 2012-09-20 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: With 'displacement' as the guiding thread, the purpose of this study is twofold. Firstly, it derives from the relevant provisions of international humanitarian law a legal framework for the protection of displaced persons in armed conflict, both from and during displacement. It contains a case study on Israeli settlements in the Occupied Palestinian Territory and the recent Advisory Opinion on the Separation Wall, and addresses such issues as humanitarian assistance for displaced persons, the treatment of refugees in the hands of a party to a conflict and the militarisation of refugee camps. Secondly, it examines the issue of displacement within the broader context of civilian war victims and identifies and addresses the normative gaps of international humanitarian law, including the inadequacy of concepts such as 'protected persons' and the persistence of the dichotomy between international and non-international armed conflicts, which is at odds with the realities of contemporary armed conflicts.
Book Synopsis Returns of Internally Displaced Persons during Armed Conflict by : David James Cantor
Download or read book Returns of Internally Displaced Persons during Armed Conflict written by David James Cantor and published by BRILL. This book was released on 2018-05-09 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a detailed study of the return of conflict-afffected internally displaced persons (IDPs) under international law. Part I of the book undertakes a wide-ranging analysis of the scope of protection under existing international law for IDP returns. Part II addresses the implementation of the international framework in practice through a case study of the national law, policy and practice of IDP returns during the most intense ten years of the armed conflict in Colombia. Part III, the conclusion, draws together these diffferent strands of analysis.
Download or read book Masses in Flight written by Roberta Cohen and published by Rowman & Littlefield. This book was released on 2012-01-27 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War, increasing numbers of people have been forced to leave their homes as a result of armed conflict, internal strife, and systematic violations of human rights. Whereas refugees crossing national borders benefit from an established system of international protection and assistance, those who are displaced internally suffer from an absence of legal or institutional bases for their protection and assistance from the international community. This book analyzes the causes and consequences of displacement, including its devastating impact both within and beyond the borders of affected countries. It sets forth strategies for preventing displacement, a special legal framework tailored to the needs of the displaced, more effective institutional arrangements at the national, regional, and international levels, and increased capacities to address the protection, human rights, and reintegration and development needs of the displaced.
Book Synopsis Environmental Change, Forced Displacement and International Law by : Isabel M. Borges
Download or read book Environmental Change, Forced Displacement and International Law written by Isabel M. Borges and published by Routledge. This book was released on 2018-12-07 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.
Author :United Nations High Commissioner for Refugees Publisher :Oxford University Press ISBN 13 :0191089788 Total Pages :540 pages Book Rating :4.1/5 (91 download)
Book Synopsis People Forced to Flee by : United Nations High Commissioner for Refugees
Download or read book People Forced to Flee written by United Nations High Commissioner for Refugees and published by Oxford University Press. This book was released on 2022-02-16 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: People in danger have received protection in communities beyond their own from the earliest times of recorded history. The causes — war, conflict, violence, persecution, natural disasters, and climate change — are as familiar to readers of the news as to students of the past. It is 70 years since nations in the wake of World War II drew up the landmark 1951 Convention relating to the Status of Refugees. People Forced to Flee marks this milestone. It is the latest in a long line of publications, stretching back to 1993, that were previously entitled The State of the World's Refugees. The book traces the historic path that led to the 1951 Convention, showing how history was made, by taking the centuries-old ideals of safety and solutions for refugees, to global practice. It maps its progress during which international protection has reached a much broader group of people than initially envisaged. It examines international responses to forced displacement within borders as well as beyond them, and the protection principles that apply to both. It reviews where they have been used with consistency and success, and where they have not. At times, the strength and resolve of the international community seems strong, yet solutions and meaningful solidarity are often elusive. Taking stock today - at this important anniversary – is all the more crucial as the world faces increasing forced displacement. Most is experienced in low- and middle-income countries and persists for generations. People forced to flee face barriers to improving their lives, contributing to the communities in which they live and realizing solutions. Everywhere, an effective response depends on the commitment to international cooperation set down in the 1951 Convention: a vision often compromised by efforts to minimize responsibilities. There is growing recognition that doing better is a global imperative. Humanitarian and development action has the potential to be transformational, especially when grounded in the local context. People Forced to Flee examines how and where increased development investments in education, health and economic inclusion are helping to improve socioeconomic opportunities both for forcibly displaced persons and their hosts. In 2018, the international community reached a Global Compact on Refugees for more equitable and sustainable responses. It is receiving deeper support. People Forced to Flee looks at whether that is enough for what could – and should – help define the next 70 years.
Book Synopsis Human Rights and Forced Displacement by : Anne Fruma Bayefsky
Download or read book Human Rights and Forced Displacement written by Anne Fruma Bayefsky and published by Martinus Nijhoff Publishers. This book was released on 2000-12-21 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: By Dr. Francis Deng.
Book Synopsis The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective by : Hélène Ragheboom
Download or read book The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective written by Hélène Ragheboom and published by BRILL. This book was released on 2017-06-26 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective examines the applicability of refugee law and international human rights law in situations of environmentally-induced displacement, and explores possible future approaches to addressing the issue.
Book Synopsis The International Legal Protection of Persons in Humanitarian Crises by : Dug Cubie
Download or read book The International Legal Protection of Persons in Humanitarian Crises written by Dug Cubie and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Internally Displaced Persons and International Refugee Law by : Bríd Ní Ghráinne
Download or read book Internally Displaced Persons and International Refugee Law written by Bríd Ní Ghráinne and published by Oxford University Press. This book was released on 2022 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.
