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Author : Hurst Hannum
Publisher : BRILL
ISBN 13 : 9004482350
Total Pages : 203 pages
Book Rating : 4.0/5 (44 download)
Download or read book The Right to Leave and Return in International Law and Practice written by Hurst Hannum and published by BRILL. This book was released on 2021-09-27 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Council of Europe
Publisher : Council of Europe
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4./5 ( download)
Download or read book The right to leave a country written by Council of Europe and published by Council of Europe. This book was released on 2013-10-01 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to leave a country, including one's own, is a necessary prerequisite to the enjoyment of a number of other human rights, most notably the right to seek and enjoy asylum and to be protected against ill-treatment. States are entitled to place restrictions on the right to leave, if they are in compliance with the European Convention on Human Rights and the European Court of Human Rights case law. A number of measures taken or envisaged in recent years by some Council of Europe member states in the Western Balkans pose serious challenges to the right to leave a country, enshrined in the 1963 Protocol No. 4 to the European Convention on Human Rights, as well as to the right to seek and enjoy asylum. The situation is of particular concern to the Council of Europe Commissioner for Human Rights given that these restrictive, migration-related measures have been adopted at the instigation of EU member states in pursuance of their immigration and border control policies, and have been tainted by discrimination as they have targeted and affected, in practice, the Roma. This Issue Paper examines the right to leave a country and what it means both as a right in international human rights instruments and as interpreted by European courts and UN treaty bodies. It focuses on six major themes: the right to leave a country, including one's own; the right to seek and enjoy asylum; non-nationals' right to leave a country; prohibited discrimination as regards the right to leave a country; the situation in the Western Balkans; and the impact of the EU externalisation of border control policies on the right to leave a country. The conclusions highlight the need for European states to examine or re-examine their migration laws and policies in order to fully align them with the European Convention on Human Rights and the Court's jurisprudence.
Author :
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.:/5 (467 download)
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Guofu Liu
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004156143
Total Pages : 449 pages
Book Rating : 4.0/5 (41 download)
Download or read book The Right to Leave and Return and Chinese Migration Law written by Guofu Liu and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the Right to Leave and Return (RLR) is a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws. In the case of China, the country's communist political system has significantly affected the development of RLR and the country's approach to it. As a rule, China's approach is restrictive. As part of its reform and 'opening up' policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its past and its complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world. "The Right to Leave and Return (RLR) and Chinese Migration Law" provides a comprehensive and systematic review of the RLR in international and Chinese migration law. It has been written on the basis of Chinese statutes pertinent to the RLR, also of relevant international instruments and key cases. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.
Author : Roda Mushkat
Publisher : Hong Kong University Press
ISBN 13 : 9622094279
Total Pages : 233 pages
Book Rating : 4.6/5 (22 download)
Download or read book One Country, Two International Legal Personalities written by Roda Mushkat and published by Hong Kong University Press. This book was released on 1997-01-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Once A Hero, his latest collection of essays, Lam describes the decline of Hong Kong cinema since 1997 and gives an eyewitness account of its attempt to reinvent itself.
Author : James C. Hathaway
Publisher : Cambridge University Press
ISBN 13 : 9781139445764
Total Pages : 1240 pages
Book Rating : 4.4/5 (457 download)
Download or read book The Rights of Refugees under International Law written by James C. Hathaway and published by Cambridge University Press. This book was released on 2005-09-15 with total page 1240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
Author : Edmund Jan Osmańczyk
Publisher : Taylor & Francis
ISBN 13 : 9780415939218
Total Pages : 772 pages
Book Rating : 4.9/5 (392 download)
Download or read book Encyclopedia of the United Nations and International Agreements: A to F written by Edmund Jan Osmańczyk and published by Taylor & Francis. This book was released on 2003 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly revised and updated edition is the most comprehensive and detailed reference ever published on United Nations. The book demystifies the complex workings of the world's most important and influential international body.
Author : Jean-Marie Henckaerts
Publisher : BRILL
ISBN 13 : 9004478337
Total Pages : 275 pages
Book Rating : 4.0/5 (44 download)
Download or read book Mass Expulsion in Modern International Law and Practice written by Jean-Marie Henckaerts and published by BRILL. This book was released on 2021-09-27 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alison Kesby
Publisher : OUP Oxford
ISBN 13 : 019162778X
Total Pages : 187 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Right to Have Rights written by Alison Kesby and published by OUP Oxford. This book was released on 2012-01-12 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a 'right to have rights'. The right to have rights was the right to citizenship-to membership of a political community. Since then, and especially in recent years, theorists have continued to grapple with the meaning of the right to have rights. In the context of enduring statelessness, mass migration, people flows, and the contested nature of democratic politics, the question of the right to have rights remains of pressing concern for writers and advocates across the disciplines. This book provides the first in-depth examination of the right to have rights in the context of the international protection of human rights. It explores two overarching questions. First, how do different and competing conceptions of the right to have rights shed light on right bearing in the contemporary context, and in particular on concepts and relationships central to the protection of human rights in public international law? Secondly, given these competing conceptions, how is the right to have rights to be understood in the context of public international law? In the course of the analysis, the author examines the significance and limits of nationality, citizenship, humanity and politics for right bearing, and argues that their complex interrelation points to how the right to have rights might be rearticulated for the purposes of international legal thought and practice.
Author : Brian Opeskin
Publisher : Cambridge University Press
ISBN 13 : 1107017718
Total Pages : 495 pages
Book Rating : 4.1/5 (7 download)
Download or read book Foundations of International Migration Law written by Brian Opeskin and published by Cambridge University Press. This book was released on 2012-09-27 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stimulating survey of the key themes in international migration law.
Author : Francesca P. Albanese
Publisher : Oxford University Press
ISBN 13 : 0191086797
Total Pages : 609 pages
Book Rating : 4.1/5 (91 download)
Download or read book Palestinian Refugees in International Law written by Francesca P. Albanese and published by Oxford University Press. This book was released on 2020-05-21 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Palestinian refugee question, resulting from the events surrounding the birth of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-WWII era. Numbering over six million in the Middle East alone, Palestinian refugees' status varies considerably according to the state or territory 'hosting' them, the UN agency assisting them and political circumstances surrounding the Israeli-Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law is often side-lined in political discussions concerning their fate. This compelling new book, building on the seminal contribution of the first edition (1998), offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes their relevance to the provision of international protection for Palestinian refugees and their quest for durable solutions.
Author : Susan F. Martin
Publisher : Lexington Books
ISBN 13 : 0739162195
Total Pages : 303 pages
Book Rating : 4.7/5 (391 download)
Download or read book The Uprooted written by Susan F. Martin and published by Lexington Books. This book was released on 2005-07-21 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: By conservative estimates about 50 million migrants are currently living outside of their home communities, forced to flee to obtain some measure of safety and security. In addition to persecution, human rights violations, repression, conflict, and natural and human-made disasters, current causes of forced migration include environmental and development-induced factors. Today's migrants include the internally displaced, a category that has only recently entered the international lexicon. But the legal and institutional system created in the aftermath of World War II to address refugee movements is now proving inadequate to provide appropriate assistance and protection to the full range of forced migrants needing attention today. The Uprooted is the first volume to methodically examine the progress and persistent shortcomings of the current humanitarian regime. The authors, all experts in the field of forced migration, describe the organizational, political, and conceptual shortcomings that are creating the gaps and inefficiencies of international and national agencies to reach entire categories of forced migrants. They make policy-based recommendations to improve international, regional, national, and local responses in areas including organization, security, funding, and durability of response. For all those working on behalf of the world's forced migrants, The Uprooted serves as a call to arms, emphasizing the urgent need to develop more comprehensive and cohesive strategies to address forced migration in its complexity.
Author : Mariagiulia Giuffré
Publisher : Bloomsbury Publishing
ISBN 13 : 150990252X
Total Pages : 322 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Readmission of Asylum Seekers under International Law written by Mariagiulia Giuffré and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.
Author : Vera Gowlland Debbas
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041100856
Total Pages : 212 pages
Book Rating : 4.1/5 (8 download)
Download or read book The Problem of Refugees in the Light of Contemporary International Law Issues written by Vera Gowlland Debbas and published by Martinus Nijhoff Publishers. This book was released on 1996 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hövell.
Author : Gregor Noll
Publisher : BRILL
ISBN 13 : 900446154X
Total Pages : 667 pages
Book Rating : 4.0/5 (44 download)
Download or read book Negotiating Asylum written by Gregor Noll and published by BRILL. This book was released on 2021-03-22 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.
Author : Nils Coleman
Publisher : BRILL
ISBN 13 : 9004165541
Total Pages : 409 pages
Book Rating : 4.0/5 (41 download)
Download or read book European Readmission Policy written by Nils Coleman and published by BRILL. This book was released on 2009 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering the first comprehensive analysis of readmission agreements, this book examines the intersection of immigration and human rights law and the complex interplay between evolving international, regional and national norms. Expanding the current academic and policy discourse on readmission agreements through detailed consideration of the negotiation processes carried out by the European Community, it renders a nuanced review of the underlying strategic objectives and regional effects of these treaties. The book makes a robust challenge to prevailing perspectives in legal scholarship and policy on readmission and refugee protection. The self-contained focus on EC readmission agreements throws light on broader questions of EU migration policy and reveals a detailed and insightful picture of a specific field of EU policy and action.
Author : Edward H. Lawson
Publisher : Taylor & Francis
ISBN 13 : 9781560323624
Total Pages : 1766 pages
Book Rating : 4.3/5 (236 download)
Download or read book Encyclopedia of Human Rights written by Edward H. Lawson and published by Taylor & Francis. This book was released on 1996 with total page 1766 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface to the first edition
