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Fragmented State Power And Forced Migration
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Book Synopsis Fragmented State Power and Forced Migration by : Eeva Nyk Nen
Download or read book Fragmented State Power and Forced Migration written by Eeva Nyk Nen and published by Martinus Nijhoff Publishers. This book was released on 2012-06-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing extensively on international and European law, international and national case law, as well as academic writings, this study offers a comprehensive and critical analysis on the issue of non-state actors in refugee law.
Book Synopsis Global Migration Governance by : Alexander Betts
Download or read book Global Migration Governance written by Alexander Betts and published by OUP Oxford. This book was released on 2011-01-06 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other trans-boundary policy areas, international migration lacks coherent global governance. There is no UN migration organization and states have signed relatively few multilateral treaties on migration. Instead sovereign states generally decide their own immigration policies. However, given the growing politicisation of migration and the recognition that states cannot always address migration in isolation from one another, a debate has emerged about what type of international institutions and cooperation are required to meet the challenges of international migration. Until now, though, that emerging debate on global migration governance has lacked a clear analytical understanding of what global migration governance actually is, the politics underlying it, and the basis on which we can make claims about what 'better' migration governance might look like. In order to address this gap, the book brings together a group of the world's leading experts on migration to consider the global governance of different aspects of migration. The chapters offer an accessible introduction to the global governance of low-skilled labour migration, high-skilled labour migration, irregular migration, lifestyle migration, international travel, refugees, internally displaced persons, human trafficking and smuggling, diaspora, remittances, and root causes. Each of the chapters explores the three same broad questions: What, institutionally, is the global governance of migration in that area? Why, politically, does that type of governance exist? How, normatively, can we ground claims about the type of global governance that should exist in that area? Collectively, the chapters enhance our understanding of the international politics of migration and set out a vision for international cooperation on migration.
Book Synopsis Finnish Yearbook of International Law, Volume 21, 2010 by : Jan Klabbers
Download or read book Finnish Yearbook of International Law, Volume 21, 2010 written by Jan Klabbers and published by Bloomsbury Publishing. This book was released on 2012-12-05 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Ius Gentium Association (the Finnish Society of International Law) by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fybil.org INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 21 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/fyil/subs
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 2022-03-15 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.
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 298 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 LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective by : Arzu Güler
Download or read book LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective written by Arzu Güler and published by Springer. This book was released on 2018-12-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis What is Wrong with Human Trafficking? by : Rita Haverkamp
Download or read book What is Wrong with Human Trafficking? written by Rita Haverkamp and published by Bloomsbury Publishing. This book was released on 2019-01-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it 'shape' and showing how it comes to life in the legal regulation.
Book Synopsis Temporary Protection in Law and Practice by : Meltem Ineli-Ciger
Download or read book Temporary Protection in Law and Practice written by Meltem Ineli-Ciger and published by BRILL. This book was released on 2018-01-09 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.
Book Synopsis ‘Protection’ in European Union Asylum Law by : Julian Lehmann
Download or read book ‘Protection’ in European Union Asylum Law written by Julian Lehmann and published by BRILL. This book was released on 2020-09-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asylum law in the European Union is ripe with caveats that allow authorities to reject asylum applications due to ‘protection’ received in the home country or another location. But what does ‘protection’ mean in this context? And when is it strong enough to make denying an application lawful? Departing from the notion that refugee status is a “surrogate” for lacking protection at home, Julian M. Lehmann investigates the interplay of international law and European Union law on protection against harm by non-state actors, the Internal Protection Alternative concept, and asylum in third countries en route to the European Union. Lehmann demonstrates how conflating these concepts risks equating international protection with mere safety, which stands in contrast to the very purpose of refugee law.
Book Synopsis Human Rights and the Refugee Definition by : Bruce Burson
Download or read book Human Rights and the Refugee Definition written by Bruce Burson and published by BRILL. This book was released on 2016-02-02 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.
Book Synopsis Fragmented State Power and Forced Migration by : Eeva Nykänen
Download or read book Fragmented State Power and Forced Migration written by Eeva Nykänen and published by Martinus Nijhoff Publishers. This book was released on 2012-06-14 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing extensively on international and European law, international and national case law, as well as academic writings, this study offers a comprehensive and critical analysis on the issue of non-state actors in refugee law.
Book Synopsis Undocumented Immigrants in an Era of Arbitrary Law by : Robert F. Barsky
Download or read book Undocumented Immigrants in an Era of Arbitrary Law written by Robert F. Barsky and published by Routledge. This book was released on 2015-08-11 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant’s pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as ‘illegal’, they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.
Book Synopsis Seeking Asylum in the European Union by : Céline Bauloz
Download or read book Seeking Asylum in the European Union written by Céline Bauloz and published by BRILL. This book was released on 2015-05-19 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States. With a foreword by Professor Hélène Lambert.
Book Synopsis The Internal Protection Alternative in Refugee Law by : Jessica Schultz
Download or read book The Internal Protection Alternative in Refugee Law written by Jessica Schultz and published by BRILL. This book was released on 2018-12-10 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the ‘internal protection alternative’ (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources. She argues that the doctrine of implied limits in human rights law can provide analytic structure to the IPA concept and reduce the risk of overly broad application.
Book Synopsis Allegiance and Identity in a Globalised World by : Fiona Jenkins
Download or read book Allegiance and Identity in a Globalised World written by Fiona Jenkins and published by Cambridge University Press. This book was released on 2014-11-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines questions of allegiance and identity in a globalised world through the disciplines of law, politics, philosophy and psychology.
Book Synopsis Exploring the Boundaries of Refugee Law by : Jean-Pierre Gauci
Download or read book Exploring the Boundaries of Refugee Law written by Jean-Pierre Gauci and published by Hotei Publishing. This book was released on 2015-04-14 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the ‘boundaries’ of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as ‘legal frontiers’ whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.
Book Synopsis Evidence in European Asylum Procedures by : Ida Staffans
Download or read book Evidence in European Asylum Procedures written by Ida Staffans and published by Martinus Nijhoff Publishers. This book was released on 2012-04-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidentiary assessment holds a central position in all forms of judicial decision-making. Also the asylum procedure is dependent on solutions made in theory and practice regarding evidentiary issues. This book explores the particular framework of evidentiary assessment in selected European appellate asylum procedures and discusses the relationship between these procedures, on the one hand, and between these procedures and other legal systems, including the EU legal order, on the other. Conclusions are made regarding the similarities and differences between the German, English and Finnish asylum procedures and the position and impact of European legal norms on the national procedures. The book further discusses possibilities for harmonization and the future work towards a Common European Asylum System.
