The Grounds Of Refugee Protection In The Context Of International Human Rights And Humanitarian Lawcanadian And United States Case Law Compared

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The Grounds of Refugee Protection in the Context of International Human Rights and Humanitarian Law

Author : Mark R. von Sternberg
Publisher : BRILL
ISBN 13 : 900447918X
Total Pages : 343 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Grounds of Refugee Protection in the Context of International Human Rights and Humanitarian Law by : Mark R. von Sternberg

Download or read book The Grounds of Refugee Protection in the Context of International Human Rights and Humanitarian Law written by Mark R. von Sternberg and published by BRILL. This book was released on 2021-10-25 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the ways in which human rights and humanitarian law have influenced the development of the refugee definition as interpreted in the United States and Canada. Analysis focuses on how these two significant jurisdictions have addressed refugee protection in a modern context. The problem areas discussed include: persecution during periods of upheaval, resistance to the State in times of civil war, opposition to coercive family planning programs, and the diverse issues raised by gender-based asylum claims. The view is advanced that the grounds of refugee protection are not fixed but parallel discriminatory social and political attitudes towards defined groups. The study also advocates that human rights and humanitarian law principles should continue to shape the evolution of refugee jurisprudence so as to achieve more effectively the Convention's goals. This work will be of great interest to academics, practitioners, and policy makers in the refugee field, as well as to scholars of international human rights and humanitarian law.

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 2014-07-10 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 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.

Global Risks

Author : Jana Hertwig
Publisher : Peter Lang
ISBN 13 : 9783631592915
Total Pages : 278 pages
Book Rating : 4.5/5 (929 download)

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Book Synopsis Global Risks by : Jana Hertwig

Download or read book Global Risks written by Jana Hertwig and published by Peter Lang. This book was released on 2010 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last decades and especially in the new millennium, global society is increasingly facing new risks and challenges on a global scale, demanding global solutions. With their articles on global risks, the authors have contributed to a topic that suffers from severe under-specification. Their contributions can be summoned up under three headings: Identification and Assessment, Normative Reflections and Alternative Modes of Governance. Each of the assembled articles shows, from very different academic perspectives, how international actors - states as well as regional and international organisations - deal with global risks that in today's globalised world affect not only one state or region, but the international community as a whole.

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.

The Refugee Definition in International Law

Author : Hugo Storey
Publisher : Oxford University Press
ISBN 13 : 0192580248
Total Pages : 837 pages
Book Rating : 4.1/5 (925 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 2023-09-21 with total page 837 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.

International Refugee Law and Socio-Economic Rights

Author : Michelle Foster
Publisher : Cambridge University Press
ISBN 13 : 9780521870177
Total Pages : 458 pages
Book Rating : 4.8/5 (71 download)

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Book Synopsis International Refugee Law and Socio-Economic Rights by : Michelle Foster

Download or read book International Refugee Law and Socio-Economic Rights written by Michelle Foster and published by Cambridge University Press. This book was released on 2007-07-12 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Yearbook of International Humanitarian Law - 2002

Author : Horst Fischer
Publisher : Cambridge University Press
ISBN 13 : 9789067041898
Total Pages : 1046 pages
Book Rating : 4.0/5 (418 download)

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Book Synopsis Yearbook of International Humanitarian Law - 2002 by : Horst Fischer

Download or read book Yearbook of International Humanitarian Law - 2002 written by Horst Fischer and published by Cambridge University Press. This book was released on 2011-03-04 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world’s only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly-topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

Human Rights in the Americas

Author : James T. Lawrence
Publisher : Nova Publishers
ISBN 13 : 9781590339343
Total Pages : 244 pages
Book Rating : 4.3/5 (393 download)

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Book Synopsis Human Rights in the Americas by : James T. Lawrence

Download or read book Human Rights in the Americas written by James T. Lawrence and published by Nova Publishers. This book was released on 2004 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of human rights helps secure the peace, deter aggression, promote the rule of law, combat crime and corruption, and prevent humanitarian crises. These human rights include freedom from torture, freedom of expression, press freedom, women's rights, children's rights, and the protection of minorities. This book surveys the countries of the Americas and is augmented by a current bibliography and useful indexes by subject, title and author.

Asylum Law in the European Union

Author : Francesco Cherubini
Publisher : Routledge
ISBN 13 : 1317804457
Total Pages : 300 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Asylum Law in the European Union by : Francesco Cherubini

Download or read book Asylum Law in the European Union written by Francesco Cherubini and published by Routledge. This book was released on 2014-11-13 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

Law Among Nations

Author : Gerhard von Glahn
Publisher : Routledge
ISBN 13 : 1317346912
Total Pages : 716 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Law Among Nations by : Gerhard von Glahn

Download or read book Law Among Nations written by Gerhard von Glahn and published by Routledge. This book was released on 2015-07-14 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field's development and stressing key principles and processes. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law. Learning Goals Trace the development of International Law through key principles and processes. Illustrate important issues and theories using excerpts from landmark cases.

Gender, Conflict and Migration

Author : Navnita Chadha Behera
Publisher : SAGE
ISBN 13 : 9780761934554
Total Pages : 316 pages
Book Rating : 4.9/5 (345 download)

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Book Synopsis Gender, Conflict and Migration by : Navnita Chadha Behera

Download or read book Gender, Conflict and Migration written by Navnita Chadha Behera and published by SAGE. This book was released on 2006-04-14 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research on the subject of women′s migration and conflict is generally organised along the twin axes of gender and conflict, and gender and migration. The reality of women′s conflict-driven migration, however, falls between these two axes. The essays in this volume seek to fill this gap by examining the changes in status, identities and power relations among women and men as they move from a conflict situation at home, to migrant camps, to the post-conflict or peace-building phase when they return home. The contributors use a variety of research methods including ethnography, dialogue, oral history, textual analyses and consciousness-raising techniques.

The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol

Author :
Publisher : Oxford University Press
ISBN 13 : 0192667203
Total Pages : 2697 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol by :

Download or read book The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol written by and published by Oxford University Press. This book was released on 2024-01-10 with total page 2697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.

Refugees and the Myth of Human Rights

Author : Emma Larking
Publisher : Routledge
ISBN 13 : 1317069285
Total Pages : 208 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Refugees and the Myth of Human Rights by : Emma Larking

Download or read book Refugees and the Myth of Human Rights written by Emma Larking and published by Routledge. This book was released on 2016-04-08 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they also spend billions fortifying their borders, detaining unauthorised immigrants, and policing migration. Meanwhile, public debate over the West’s obligations to unauthorised immigrants is passionate, vitriolic, and divisive. Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.

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.

When Soldiers Say No

Author : Andrea Ellner
Publisher : Routledge
ISBN 13 : 1134763166
Total Pages : 432 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis When Soldiers Say No by : Andrea Ellner

Download or read book When Soldiers Say No written by Andrea Ellner and published by Routledge. This book was released on 2016-02-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally few people challenged the distinction between absolute and selective conscientious objection by those being asked to carry out military duties. The former is an objection to fighting all wars - a position generally respected and accommodated by democratic states, while the latter is an objection to a specific war or conflict - theoretically and practically a much harder idea to accept and embrace for military institutions. However, a decade of conflict not clearly aligned to vital national interests combined with recent acts of selective conscientious objection by members of the military have led some to reappraise the situation and argue that selective conscientious objection ought to be legally recognised and permitted. Political, social and philosophical factors lie behind this new interest which together mean that the time is ripe for a fresh and thorough evaluation of the topic. This book brings together arguments for and against selective conscientious objection, as well as case studies examining how different countries deal with those who claim the status of selective conscientious objectors. As such, it sheds new light on a topic of increasing importance to those concerned with military ethics and public policy, within military institutions, government, and academia.

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.

In Flight from Conflict and Violence

Author : Volker Türk
Publisher : Cambridge University Press
ISBN 13 : 1316773108
Total Pages : 563 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 563 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.