Refugees From Armed Conflict The 1951 Refugee Convention And International Humanitarian Law Paperback Volume 15

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Refugees from Armed Conflict

Author : Vanessa Holzer
Publisher :
ISBN 13 : 9781780683188
Total Pages : 300 pages
Book Rating : 4.6/5 (831 download)

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Book Synopsis Refugees from Armed Conflict by : Vanessa Holzer

Download or read book Refugees from Armed Conflict written by Vanessa Holzer and published by . This book was released on 2015-08-31 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognized as refugees under the 1951 Convention Relating to the Status of Refugees. They are frequently considered as having fled from generalized violence rather than from persecution. This book determines the international meaning of the refugee definition in Article 1A(2) of the Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights based interpretation of the refugee definition is widely accepted, the interpretation and application of the Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law, and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to the race, religion, nationality, and/or membership of a particular social group or political opinion. (Series: International Law - Vol. 15) [Subject: International Law, Humanitarian Law, Human Rights Law, Criminal Law]

Refugees from Armed Conflict: The 1951 Refugee Convention and International Humanitarian Law (Paperback) Volume 15

Author : Vanessa Holzer
Publisher : International Law
ISBN 13 : 9781839702341
Total Pages : 0 pages
Book Rating : 4.7/5 (23 download)

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Book Synopsis Refugees from Armed Conflict: The 1951 Refugee Convention and International Humanitarian Law (Paperback) Volume 15 by : Vanessa Holzer

Download or read book Refugees from Armed Conflict: The 1951 Refugee Convention and International Humanitarian Law (Paperback) Volume 15 written by Vanessa Holzer and published by International Law. This book was released on 2015-09-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognised as refugees under the 1951 Refugee Convention. They are frequently considered as having fled from generalised violence rather than from persecution.This book determines the international meaning of the refugee definition in Article 1A(2) of the 1951 Refugee Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights-based interpretation of the refugee definition is widely accepted, the interpretation and application of the 1951 Refugee Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Refugee Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to race, religion, nationality, membership of a particular social group or political opinion.Refugees from Armed Conflict is of interest to academics and practitioners in international refugee and human rights law.'Anyone who is interested in the present refugee debate, should at some point take up Holzer's book [...].' (ZAR, 2016, 5-6, p. 186)

Conflict Displacement and Legal Protection

Author : Charlotte Lülf
Publisher : Routledge
ISBN 13 : 0429831234
Total Pages : 254 pages
Book Rating : 4.4/5 (298 download)

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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.

Refuge from Inhumanity? War Refugees and International Humanitarian Law

Author : David Cantor
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004261591
Total Pages : 512 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Refuge from Inhumanity? War Refugees and International Humanitarian Law by : David Cantor

Download or read book Refuge from Inhumanity? War Refugees and International Humanitarian Law written by David Cantor and published by Martinus Nijhoff Publishers. This book was released on 2014-07-13 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law (IRL) and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.

In Flight from Conflict and Violence

Author : Volker Türk
Publisher : Cambridge University Press
ISBN 13 : 1316773108
Total Pages : 515 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis In Flight from Conflict and Violence by : Volker Türk

Download or read book In Flight from Conflict and Violence written by Volker Türk and published by Cambridge University Press. This book was released on 2017-01-20 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of violence and conflict on refugee status determination and international protection is a key developing field. Given the contemporary dynamics of armed conflict, how to interpret and apply the refugee definitions at global and regional levels is increasingly relevant to governmental policy-makers, decision-makers, legal practitioners, academics and students. This book will provide a comprehensive analysis of the global and regional refugee instruments as they apply to claimants in flight from situations of armed violence and conflict, exploring their interrelationship and how they are interpreted and applied (or should be applied). As part of a broader United Nations High Commissioner for Refugees project to develop guidelines on the interpretation and application of international refugee law instruments to claimants fleeing armed conflict and other situations of violence, it includes contributions from leading scholars and practitioners in this field as well as emerging authors with specific expertise.

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.

The International Protection of Internally Displaced Persons

Author : Catherine Phuong
Publisher : Cambridge University Press
ISBN 13 : 9781139442268
Total Pages : 326 pages
Book Rating : 4.4/5 (422 download)

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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.

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.

The Practical Guide to Humanitarian Law

Author : Françoise Bouchet-Saulnier
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442221135
Total Pages : 827 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis The Practical Guide to Humanitarian Law by : Françoise Bouchet-Saulnier

Download or read book The Practical Guide to Humanitarian Law written by Françoise Bouchet-Saulnier and published by Rowman & Littlefield Publishers. This book was released on 2013-12-12 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.

Conflict Refugees

Author : Christel Querton
Publisher : Cambridge University Press
ISBN 13 : 100935941X
Total Pages : 187 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Conflict Refugees by : Christel Querton

Download or read book Conflict Refugees written by Christel Querton and published by Cambridge University Press. This book was released on 2023-08-10 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the relevance of the Refugee Convention, this book demonstrates how appellate authorities across the EU approach situations of armed conflict predominantly through outdated understandings of warfare and territoriality. Thus, they apply a higher standard of proof than is warranted by international refugee law. Adopting a gender perspective, Querton also shows how appellate authorities fail to acknowledge the gender-differentiated impact of armed conflicts. Drawing from gender and security studies, this book proposes an original conceptual framework which, supported by existing international legal standards, reframes the definition of 'refugee' and better reflects the reality of violence in modern-day conflicts. In doing so, it re-asserts the Refugee Convention as the cornerstone of international protection.

Mass Refugee Influx and the Limits of Public International Law

Author : Ann Vibeke Eggli
Publisher : BRILL
ISBN 13 : 9004503064
Total Pages : 343 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Mass Refugee Influx and the Limits of Public International Law by : Ann Vibeke Eggli

Download or read book Mass Refugee Influx and the Limits of Public International Law written by Ann Vibeke Eggli and published by BRILL. This book was released on 2021-11-15 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situations of mass refugee influx represent by their very size and urgency daunting evidence of human suffering and cruelty. Consequently, the level and quality of refugee protection in times of crisis is tested. The choices to be made have to take into due consideration the prevalent conditions and restraints. They will probably always result in compromises. The question is whom or what the compromises are about? The focus in the present volume has been set on a detailed examination of some legal preconceptions commonly found in situations of mass refugee in-migration. The author concludes that situations when refugees arrive en masse do not, as a rule, qualify as a public emergency that threatens the life of the nation under contemporary international human rights law, and that mass expulsion of refugees as an emergency measure is prohibited at all times when this entails the risk of violating rights immune to derogation.

Evaluating the Effectiveness of International Refugee Law

Author : M. R. Alborzi
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004152512
Total Pages : 350 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Evaluating the Effectiveness of International Refugee Law by : M. R. Alborzi

Download or read book Evaluating the Effectiveness of International Refugee Law written by M. R. Alborzi and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an evaluation of the international response to a major protracted humanitarian situation. As such, it is the first comprehensive account and assessment of the effectiveness of international law in dealing with Iraqi refugees during the regime of Saddam Hussein.

Critical Issues in International Refugee Law

Author : James C. Simeon
Publisher : Cambridge University Press
ISBN 13 : 1139490524
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Critical Issues in International Refugee Law by : James C. Simeon

Download or read book Critical Issues in International Refugee Law written by James C. Simeon and published by Cambridge University Press. This book was released on 2010-08-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays examines key cutting-edge areas of international refugee law, including strategies for interpretative harmony, the rights of refugees and the standard of proof in complementary protection. Each topic is examined from a theoretical and a practical perspective in order to find solutions to the many legal issues and concerns which currently confront this area of law, and to seek ways to advance the field as a whole.

Refugee Law and Durability of Protection

Author : Maria O’Sullivan
Publisher : Routledge
ISBN 13 : 1351399179
Total Pages : 250 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Refugee Law and Durability of Protection by : Maria O’Sullivan

Download or read book Refugee Law and Durability of Protection written by Maria O’Sullivan and published by Routledge. This book was released on 2019-05-08 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention. In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law.

The Refugee in International Law

Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 858 pages
Book Rating : 4.3/5 (91 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, USA. This book was released on 2007 with total page 858 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.

Refugee Protection

Author : Kate Jastram
Publisher :
ISBN 13 :
Total Pages : 154 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Refugee Protection by : Kate Jastram

Download or read book Refugee Protection written by Kate Jastram and published by . This book was released on 2001 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2. The role of UNHCR

Refugee Law in Context:The Exclusion Clause

Author : Peter Van Krieken
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067044110
Total Pages : 0 pages
Book Rating : 4.0/5 (441 download)

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Book Synopsis Refugee Law in Context:The Exclusion Clause by : Peter Van Krieken

Download or read book Refugee Law in Context:The Exclusion Clause written by Peter Van Krieken and published by T.M.C. Asser Press. This book was released on 1999-10-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both the 1951 Refugee Convention and the 1948 Universal Declaration of Human Rights clearly indicate those asylum seekers who should be excluded from refugee status, excluded from asylum. The refugee lawyer, in order to fully appreciate the importance and relevance of this principle, needs to look beyond refugee law proper. The insight needed for the decision whether or not to apply the so-called 'exclusion clause' is to be found elsewhere within the realms of international law: international humanitarian law, international criminal law and United Nations law. In this publication, contributors pay ample attention to developments in these related fields. Complemented with a wealth of relevant materials, including informative treaties, conventions and (draft-)resolutions on these very themes, this book is an indispensable guide for all those involved with asylum seekers, refugees and the upholding of the principles of refugee law. This collection amounts to a true Article 1F Handbook.