Lgbti Asylum Seekers And Refugees From A Legal And Political Perspective

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LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective

Author : Arzu Güler
Publisher : Springer
ISBN 13 : 3319919059
Total Pages : 351 pages
Book Rating : 4.3/5 (199 download)

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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.

The Sexual Politics of Asylum

Author : Calogero Giametta
Publisher : Routledge
ISBN 13 : 1317200586
Total Pages : 312 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis The Sexual Politics of Asylum by : Calogero Giametta

Download or read book The Sexual Politics of Asylum written by Calogero Giametta and published by Routledge. This book was released on 2017-03-27 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today within neoliberal democracies, gender and sexuality provisions give people the opportunity of being granted social and legal protection. But how does the asylum system intervene within claimants’ understandings of themselves and in what ways does this affect their livelihoods in the country of arrival? The Sexual Politics of Asylum emerges from a 2 year long ethnography, which explores the experiences of 60 gender and sexual minority refugees in the UK. Bringing previously unheard stories to the forefront, this enlightening volume challenges dominant notions about the construction of sexuality and gender as an instrument for claiming rights in a world shaped by postcolonial relations. Giametta first examines why the migratory experience of the studied migrants is located within a set of humanitarian-inflected discourses that privilege suffering and trauma. This is then followed by an assessment of the respondents’ biographical accounts, which consequently uncovers how being situated in liminal socio-political and legal interstices produces precarious forms of life. Whilst the topic of asylum for gender and sexual minorities has attracted wide media coverage over the past decade, there persists a lack of academic attention to the complex experiences of these refugees. As such, this timely book will be of interest to undergraduate and postgraduate students interested in human rights, sociology, anthropology, migration, sexuality, gender and cultural studies, as well as people working within the refugee granting process.

Fleeing Homophobia

Author : Thomas Spijkerboer
Publisher : Routledge
ISBN 13 : 1134098421
Total Pages : 219 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Fleeing Homophobia by : Thomas Spijkerboer

Download or read book Fleeing Homophobia written by Thomas Spijkerboer and published by Routledge. This book was released on 2013-07-18 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender identity is criminalized, or where the authorities are homophobic; the particular hurdles faced during credibility assessment on account of persisting stereotypes; and queer families and refugee law. The book gives a state of the art overview of law in Europe, both at the level of European legislation and at the level of Member State practice. While being largely focused on Europe, the book also takes into account asylum decisions from Australia, New Zealand, Canada, and the United States and is of relevance internationally, offering analysis of issues which are not specific to particular legal systems.

Queering Asylum in Europe

Author : Carmelo Danisi
Publisher : Springer Nature
ISBN 13 : 3030694410
Total Pages : 497 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Queering Asylum in Europe by : Carmelo Danisi

Download or read book Queering Asylum in Europe written by Carmelo Danisi and published by Springer Nature. This book was released on 2021-08-31 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.

Seeking Sanctuary

Author : John Marnell
Publisher : NYU Press
ISBN 13 : 1776147138
Total Pages : 246 pages
Book Rating : 4.7/5 (761 download)

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Book Synopsis Seeking Sanctuary by : John Marnell

Download or read book Seeking Sanctuary written by John Marnell and published by NYU Press. This book was released on 2021-09-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A glimpse into the lives of LGBTQ migrants in Johannesburg, in their own words Seeking Sanctuary brings together poignant life stories from fourteen lesbian, gay, bisexual and transgender (LGBT) migrants, refugees and asylum seekers living in Johannesburg, South Africa. The stories, diverse in scope, chronicle each narrator’s arduous journey to South Africa, and their corresponding movement towards self-love and self-acceptance. The narrators reveal their personal battles to reconcile their faith with their sexuality and gender identity, often in the face of violent persecution, and how they have carved out spaces of hope and belonging in their new home country. In these intimate testimonies, the narrators’ resilience in the midst of uncertain futures reveal the myriad ways in which LGBT Africans push back against unjust and unequal systems. Seeking Sanctuary makes a critical intervention by showing the complex interplay between homophobia and xenophobia in South Africa, and of the state of sexual orientation and gender identity (SOGI) rights in Africa. By shedding light on the fraught connections between sexuality, faith and migration, this ground-breaking project also provides a model for religious communities who are working towards justice, diversity and inclusion.

Queer Migration and Asylum in Europe

Author : Richard C. M. Mole
Publisher : UCL Press
ISBN 13 : 1787355810
Total Pages : 276 pages
Book Rating : 4.7/5 (873 download)

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Book Synopsis Queer Migration and Asylum in Europe by : Richard C. M. Mole

Download or read book Queer Migration and Asylum in Europe written by Richard C. M. Mole and published by UCL Press. This book was released on 2021-03-08 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe is a popular destination for LGBTQ people seeking to escape discrimination and persecution. Yet, while European institutions have done much to promote the legal equality of sexual minorities and a number of states pride themselves on their acceptance of sexual diversity, the image of European tolerance and the reality faced by LGBTQ migrants and asylum seekers are often quite different. To engage with these conflicting discourses, Queer Migration and Asylum in Europe brings together scholars from politics, sociology, urban studies, anthropology and law to analyse how and why queer individuals migrate to or seek asylum in Europe, as well as the legal, social and political frameworks they are forced to navigate to feel at home or to regularise their status in the destination societies. The subjects covered include LGBTQ Latino migrants’ relationship with queer and diasporic spaces in London; diasporic consciousness of queer Polish, Russian and Brazilian migrants in Berlin; the role of the Council of Europe in shaping legal and policy frameworks relating to queer migration and asylum; the challenges facing bisexual asylum seekers; queer asylum and homonationalism in the Netherlands; and the role of space, faith and LGBTQ organisations in Germany, Italy, the UK and France in supporting queer asylum seekers.

Queer Migration and Asylum in Europe

Author :
Publisher :
ISBN 13 : 9781787356115
Total Pages : 263 pages
Book Rating : 4.3/5 (561 download)

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Book Synopsis Queer Migration and Asylum in Europe by :

Download or read book Queer Migration and Asylum in Europe written by and published by . This book was released on 2021 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe is a popular destination for LGBTQ people seeking to escape discrimination and persecution. Yet, while European institutions have done much to promote the legal equality of sexual minorities and a number of states pride themselves on their acceptance of sexual diversity, the image of European tolerance and the reality faced by LGBTQ migrants and asylum seekers are often quite different. To engage with these conflicting discourses, Queer Migration and Asylum in Europe brings together scholars from politics, sociology, urban studies, anthropology and law to analyse how and why queer individuals migrate to or seek asylum in Europe, as well as the legal, social and political frameworks they are forced to navigate to feel at home or to regularise their status in the destination societies. The subjects covered include LGBTQ Latino migrants' relationship with queer and diasporic spaces in London; diasporic consciousness of queer Polish, Russian and Brazilian migrants in Berlin; the role of the Council of Europe in shaping legal and policy frameworks relating to queer migration and asylum; the challenges facing bisexual asylum seekers; queer asylum and homonationalism in the Netherlands; and the role of space, faith and LGBTQ organisations in Germany, Italy, the UK and France in supporting queer asylum seekers.

FLEEING PERSECUTION

Author : Henrique Zanin
Publisher : Arraes Editores
ISBN 13 : 6559292703
Total Pages : 184 pages
Book Rating : 4.5/5 (592 download)

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Book Synopsis FLEEING PERSECUTION by : Henrique Zanin

Download or read book FLEEING PERSECUTION written by Henrique Zanin and published by Arraes Editores. This book was released on 2023-11-13 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world that still persecutes, marginalises and discriminates LGBTQI+ individuals, and where asylum seekers and refugees are denied rights and have their basic humanity violated, this publication intends to understand the asylum policies the German government develops specifically tailored to the needs of LGBTQI+ asylum seekers and refugees and whether the literature has addressed the implementation of such policies across the European continent. LGBTQI+ asylum is a rather new field of research. Among the European states, Germany has been more open to asylum than other states in the continent and has received the world's highest number of asylum seekers between 2010 and 2019, which justifies the interest in researching the asylum policies in place in that state beyond investigating the European scenario in general. The research combines theoretical and empirical analyses, as well as a systematic literature review in order to create a framework of protection and rights across the Europan continent. States in general still seem to lack social inclusion policies, as discrimination, homophobia, transphobia, and xenophobia are generalised social issues that permeates many European states. This publication hopes such a summary of European good practices and literature suggestions is taken into consideration by states around the world in order to make sure they are addressing LGBTQI+ asylum in an appropriate manner that respects individuals' personal characteristics and humanity.

The Oxford Handbook of International Refugee Law

Author : Cathryn Costello
Publisher : Oxford University Press
ISBN 13 : 0198848633
Total Pages : 1337 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Oxford Handbook of International Refugee Law by : Cathryn Costello

Download or read book The Oxford Handbook of International Refugee Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2021 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Worldwide Perspectives on Lesbians, Gays, and Bisexuals

Author : Paula Gerber Ph.D.
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 827 pages
Book Rating : 4.2/5 (161 download)

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Book Synopsis Worldwide Perspectives on Lesbians, Gays, and Bisexuals by : Paula Gerber Ph.D.

Download or read book Worldwide Perspectives on Lesbians, Gays, and Bisexuals written by Paula Gerber Ph.D. and published by Bloomsbury Publishing USA. This book was released on 2021-01-26 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume set is a rich resource for readers in any discipline interested in understanding the global, regional, and domestic experiences of LGB people. This interdisciplinary set makes a vital contribution to understanding how LGB rights are progressing—and in some cases, regressing—around the globe. The three volumes look at the lived experiences of LGB people from varied perspectives and provide comprehensive coverage on a wide variety of topics ranging from LGB youth and LGB aging to the approaches to LGB people of different religions, including Islam, Judaism, and Christianity. Chapters focus on topics including the ongoing criminalization of same-sex sexual conduct and how international human rights law can be used to improve the lives of LGB people. Particular attention is paid to the rights of bisexuals, a group often ignored in works focusing on sexual orientation. Volume 1 focuses on history, politics, and culture relating to LGB people; Volume 2 focuses on the laws—domestic and international—governing LGB people; and Volume 3 provides snapshots of the current state of LGB experience in countries worldwide, presented by geographical region: Europe, the Americas, Africa, the Middle East, and the Asia Pacific region.

Gender in Refugee Law

Author : Efrat Arbel
Publisher : Routledge
ISBN 13 : 1135038112
Total Pages : 296 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Gender in Refugee Law by : Efrat Arbel

Download or read book Gender in Refugee Law written by Efrat Arbel and published by Routledge. This book was released on 2014-04-16 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.

The Refugee Definition in International Law

Author : Hugo Storey
Publisher : Oxford University Press
ISBN 13 : 0198842643
Total Pages : 833 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Refugee Definition in International Law by : Hugo Storey

Download or read book The Refugee Definition in International Law written by Hugo Storey and published by Oxford University Press. This book was released on 2024-01-06 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Sexual Orientation, Gender Identity and International Human Rights Law

Author : Kerry O'Halloran
Publisher : Routledge
ISBN 13 : 0429809727
Total Pages : 299 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Sexual Orientation, Gender Identity and International Human Rights Law by : Kerry O'Halloran

Download or read book Sexual Orientation, Gender Identity and International Human Rights Law written by Kerry O'Halloran and published by Routledge. This book was released on 2019-10-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.

Queer and Trans Migrations

Author : Eithne Luibheid
Publisher : University of Illinois Press
ISBN 13 : 0252052196
Total Pages : 406 pages
Book Rating : 4.2/5 (52 download)

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Book Synopsis Queer and Trans Migrations by : Eithne Luibheid

Download or read book Queer and Trans Migrations written by Eithne Luibheid and published by University of Illinois Press. This book was released on 2020-10-26 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than a quarter of a million LGBTQ-identified migrants in the United States lack documentation and constantly risk detention and deportation. LGBTQ migrants around the world endure similarly precarious situations. Eithne Luibhéid's and Karma R. Chávez’s edited collection provides a first-of-its-kind look at LGBTQ migrants and communities. The academics, activists, and artists in the volume center illegalization, detention, and deportation in national and transnational contexts, and examine how migrants and allies negotiate, resist, refuse, and critique these processes. The works contribute to the fields of gender and sexuality studies, critical race and ethnic studies, borders and migration studies, and decolonial studies. Bridging voices and works from inside and outside of the academy, and international in scope, Queer and Trans Migrations illuminates new perspectives in the field of queer and trans migration studies. Contributors: Andrew J. Brown, Julio Capó, Jr., Anna Carastathis, Jack Cáraves, Karma R. Chávez, Ryan Conrad, Elif, Katherine Fobear, Monisha Das Gupta, Jamila Hammami, Edward Ou Jin Lee, Leece Lee-Oliver, Eithne Luibhéid, Hana Masri, Yasmin Nair, Bamby Salcedo, Fadi Saleh, Rafael Ramirez Solórzano, José Guadalupe Herrera Soto, Myrto Tsilimpounidi, Suyapa Portillo Villeda, Sasha Wijeyeratne, Ruben Zecena

The Refugee in International Law

Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press
ISBN 13 : 0192536508
Total Pages : 865 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Refugee in International Law by : Guy S. Goodwin-Gill

Download or read book The Refugee in International Law written by Guy S. Goodwin-Gill and published by Oxford University Press. This book was released on 2021-09-09 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Queer and Trans African Mobilities

Author : B Camminga
Publisher : Bloomsbury Publishing
ISBN 13 : 0755639014
Total Pages : 264 pages
Book Rating : 4.7/5 (556 download)

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Book Synopsis Queer and Trans African Mobilities by : B Camminga

Download or read book Queer and Trans African Mobilities written by B Camminga and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen increased scholarly and media interest in the cross-border movements of LGBT persons, particularly those seeking protection in the Global North . While this has helped focus attention on the plight of individuals fleeing homophobic or transphobic persecution, it has also reinvigorated racist tropes about the Global South. In the case of Africa, the expansion of anti-LGBT laws and the prevalence of hetero-patriarchal discourses are regularly cited as evidence of an inescapable savagery. The figure of the LGBT refugee – often portrayed as helplessly awaiting rescue – reinforces colonial notions about the continent and its peoples. Queer and Trans African Mobilities draws on diverse case studies from the length and breadth of Africa, offering the first in-depth investigation of LGBT migration on and from the continent. The collection provides new insights into the drivers and impacts of displacement linked to sexual orientation or gender identity and challenges notions about why LGBT Africans move, where they are going and what they experience along the way.

UN Global Compacts

Author : Nicholas R. Micinski
Publisher : Routledge
ISBN 13 : 1000376591
Total Pages : 123 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis UN Global Compacts by : Nicholas R. Micinski

Download or read book UN Global Compacts written by Nicholas R. Micinski and published by Routledge. This book was released on 2021-04-28 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: UN Global Compacts is a concise introduction to the key concepts, issues, and actors in global migration governance and presents a comprehensive analysis of the New York Declaration for Refugees and Migrants, the Global Compact on Refugees, and the Global Compact for Migration. The book places the declaration and compacts within their historical context, traces the evolution of global migration governance, and evaluates the implementation of the compacts. Ultimately, the global compacts were the result of three wider shifts in global governance from hard to soft law, from rights to aid, and from Cold War politics to nationalism. The book is an important contribution to international relations and migration studies and provides essential information on the NY declaration and the global compacts, in addition to an examination of the: • Negotiating blocs and strategies • Populist backlash to the Global Compact for Migration • Responsibility sharing for refugee protection • Human rights of migrants • Principle of non-refoulement • Comprehensive Refugee Response Framework • UNHCR, IOM, and the UN Network on Migration The book will be of interest to practitioners, students, and scholars of international cooperation, global governance, migrants, and refugees, and will be essential reading for graduate and undergraduate courses on international law, international organizations, and migration.