Nationality And Statelessness In The International Law Of Refugee Status

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Nationality and Statelessness in the International Law of Refugee Status

Author : Eric Fripp
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259236
Total Pages : 413 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Nationality and Statelessness in the International Law of Refugee Status by : Eric Fripp

Download or read book Nationality and Statelessness in the International Law of Refugee Status written by Eric Fripp and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.

Nationality and Statelessness in the International Law of Refugee Status

Author : Eric Fripp
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259228
Total Pages : 413 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Nationality and Statelessness in the International Law of Refugee Status by : Eric Fripp

Nationality and Statelessness under International Law

Author : Alice Edwards
Publisher : Cambridge University Press
ISBN 13 : 110703244X
Total Pages : 325 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Nationality and Statelessness under International Law by : Alice Edwards

Download or read book Nationality and Statelessness under International Law written by Alice Edwards and published by Cambridge University Press. This book was released on 2014-09-18 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

International Refugee Law and the Protection of Stateless Persons

Author : Michelle Foster
Publisher : Oxford University Press
ISBN 13 : 0192515543
Total Pages : 200 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis International Refugee Law and the Protection of Stateless Persons by : Michelle Foster

Download or read book International Refugee Law and the Protection of Stateless Persons written by Michelle Foster and published by Oxford University Press. This book was released on 2019-04-04 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Refugee Law and the Protection of Stateless Persons examines the extent to which the 1951 Convention relating to the Status of Refugees protectsde jure stateless persons. While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status. The questions addressed include the following: When is a person 'without a nationality' for the purpose of the 1951 Refugee Convention? What constitutes one's country of former habitual residence as a proxy to one's country of nationality? When does being stateless give rise to a well-founded fear of persecution for reasons specified in the 1951 Refugee Convention and/or UNHCR mandate? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? How are courts assessing individual risk or threat to stateless persons? The book draws on historical and contemporary interpretation of international law based on the travaux préparatoires to the 1951 Refugee Convention and its antecedents, academic writing, UNHCR policy and legal documents, UN Human Rights Council resolutions, UN Human Rights Committee general comments, UN Secretary General reports, and UN General Assembly resolutions. It is also based on original comparative analysis of existing jurisprudence worldwide relating to claims to refugee status based on or around statelessness. By examining statelessness through the prism of international refugee law, this book fills a critical gap in existing scholarship.

Nationality and Statelessness in International Law

Author : Paul Weis
Publisher : Hyperion Press
ISBN 13 :
Total Pages : 398 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Nationality and Statelessness in International Law by : Paul Weis

Download or read book Nationality and Statelessness in International Law written by Paul Weis and published by Hyperion Press. This book was released on 1956 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Refugee Status

Author : James C. Hathaway
Publisher : Cambridge University Press
ISBN 13 : 1107012511
Total Pages : 777 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Law of Refugee Status by : James C. Hathaway

Download or read book The Law of Refugee Status written by James C. Hathaway and published by Cambridge University Press. This book was released on 2014-07-03 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.

Protecting Stateless Persons

Author : Katia Bianchini
Publisher : BRILL
ISBN 13 : 9004362908
Total Pages : 391 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Protecting Stateless Persons by : Katia Bianchini

Download or read book Protecting Stateless Persons written by Katia Bianchini and published by BRILL. This book was released on 2018-04-03 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.

The Refugee in International Law

Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press
ISBN 13 : 0199281300
Total Pages : 847 pages
Book Rating : 4.1/5 (992 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 2007 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.

Understanding Statelessness

Author : Tendayi Bloom
Publisher : Routledge
ISBN 13 : 1351779133
Total Pages : 459 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Understanding Statelessness by : Tendayi Bloom

Download or read book Understanding Statelessness written by Tendayi Bloom and published by Routledge. This book was released on 2017-08-04 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area. They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, ‘Defining Statelessness’, features chapters exploring conceptual issues in the definition of statelessness. The second, ‘Living Statelessness’, uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. ‘Theorising Statelessness’, the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.

The Refugee in International Law

Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press
ISBN 13 : 0192520350
Total Pages : 847 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 2007-03-22 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people today are forced to flee their homes as a result of conflict, systemic discrimination, persecution, and other violations of their human rights. The core instruments on which they must rely to secure international protection are the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, now complemented by international and regional human rights treaties. This book, the leading text in a field where refugee law is now a subject of global importance, examines key challenges to system of international protection, including those arising from within the asylum process, increased controls over the movements of people, and the 'new' concern with security. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition, each chapter has been thoroughly revised and updated, every issue, old and new, has received fresh analysis, and 'complementary' or human rights-based protection is given special attention. Features include: analysis and assessment of developments in interpreting the refugee definition, with particular reference to 'social group', 'exclusion', procedures, and the impact of European Union harmonization initiatives. In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of camps and settlements; the current status in general international law of the fundamental principles of non-refoulement, asylum, and the right to seek asylum; and the extent of protection possibilities in human rights treaties, particularly the European Convention on Human Rights.

International Refugee Law

Author : Hne Lambert
Publisher : Routledge
ISBN 13 : 1351562215
Total Pages : 554 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis International Refugee Law by : Hne Lambert

Download or read book International Refugee Law written by Hne Lambert and published by Routledge. This book was released on 2017-07-05 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Statelessness

Author : William Conklin
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253742
Total Pages : 510 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Statelessness by : William Conklin

Download or read book Statelessness written by William Conklin and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing its member states to allow statelessness to occur. In this powerfully argued book, Conklin critically evaluates traditional efforts to recognize and reduce statelessness. The problem, he argues, rests in the obligatory nature of law, domestic or international. By closely analysing a broad spectrum of court and tribunal judgments from many jurisdictions, Conklin explains how confusion has arisen between two discourses, the one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality', is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole.

The Refugee in International Law

Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press
ISBN 13 : 0198808569
Total Pages : 865 pages
Book Rating : 4.1/5 (988 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 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book, the leading text in the field, examines key challenges to the Convention such as the status of refugees, applications for asylum, and the international and domestic standards of protection. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited fourth edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis. The books includes: analysis of internally displaced persons; so-called preventive protection; access to refugees; safety of refugees and relief personnel; the situation of refugee women and children; a detailed examination of the role of the UNHCR and the Palestinian situation; and an assessment of the protection possibilities (or lack of them) in the European Convention on Human Rights. This new edition has been expanded with coverage of forced migration and displacement as a result of disasters and climate change. It is once again an unmissable reference work for practitioners and students in the field.

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.

Statelessness

Author : Mira L. Siegelberg
Publisher : Harvard University Press
ISBN 13 : 0674240510
Total Pages : 329 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Statelessness by : Mira L. Siegelberg

Download or read book Statelessness written by Mira L. Siegelberg and published by Harvard University Press. This book was released on 2020-10-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of how a much-contested legal category—statelessness—transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg’s innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.

The World's Stateless

Author : Institute on Statelessness and Inclusion
Publisher :
ISBN 13 : 9789462403659
Total Pages : 552 pages
Book Rating : 4.4/5 (36 download)

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Book Synopsis The World's Stateless by : Institute on Statelessness and Inclusion

Download or read book The World's Stateless written by Institute on Statelessness and Inclusion and published by . This book was released on 2017 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Africa -- Americas -- Asia and the Pacific -- Europe -- Middle East and North Africa (MENA) -- Introduction -- The right of every child to a nationality -- Migration, displacement and childhood statelessness -- The sustainable development agenda and childhood statelessness -- Safeguards against childhood statelessness -- Litigation and legal assistance to address childhood statelessness -- Mobilising to address childhood statelessness

An Introduction to International Refugee Law

Author : M. Rafiqul Islam
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004226168
Total Pages : 447 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis An Introduction to International Refugee Law by : M. Rafiqul Islam

Download or read book An Introduction to International Refugee Law written by M. Rafiqul Islam and published by Martinus Nijhoff Publishers. This book was released on 2013-05-15 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is designed to provide an overview of the development, meaning, and nature of international refugee law. The jurisprudence on the status of refugees, loss and denial of the refugees status, non-refoulement, asylum, problems and challenges of refugee protection, the law of return and the right of return, critical refugees and immigration law, and the role of international organizations in protection of refugees are revisited in the context of contemporary realities. The relationship between armed conflict, climate change, and human right violations induced refugees and the existing international refugee regime emerging will be succinctly highlighted and analysed in the book. This lucidly written and timely book will be immensely helpful to anyone grappling with the demonstrated inadequacies of international refugee law in real life situations today and desirous of the reorientation of its meaning and scope to cater for the changing needs and shared expectation of the international community in the 21st century.