towards a refugee oriented right of asylum law and migration

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Towards A Refugee Oriented Right Of Asylum

Author : Laura Westra
ISBN : 9781317009214
Genre : Political Science
File Size : 51. 47 MB
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This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.

International Migration And Refugee Law Does Germany S Migration Policy Toward Syrian Refugees Comply

Author : Jasmin Lilian Diab
ISBN : 9783960671510
Genre :
File Size : 28. 62 MB
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Germany will spend around $6.6 billion to cope with an estimated 800,000 refugees expected to have entered the country in the year 2016; this reality indeed extending further into 2017. Despite this overwhelming number of people entering the country, Chancellor Angela Merkel stated that there is "no legal limit to the number of asylum seekers Germany will take in in the coming years." The announcement by Merkel's coalition government arrived following Germany and Austria opening their borders to the large numbers of refugees making their way north and west from the Middle East, Africa and elsewhere. In particular, this statement came after the Syrian refugee crisis created the biggest refugee crisis the world has seen since the Second World War. Germany is seen as the immigration hub of Europe. It also happens to be the second most popular destination for immigrants after the United States of America. Germany is also the country in Europe with the highest numbers of foreign nationals to date. Germany established a new immigration law in 2005 was born out of a realization that it was coming to terms with a demographic crisis stemming from an ageing population and further complimented by a sharp decline national birth rates. In foresight, and within this unfortunate context, migration was seen by much of the German political class as an economic necessity, and the answer to the German economic and demographic time bomb. Between the years 2009 and 2014, annual net migration in Germany rose from 100,000 to 580,000 individuals. Moreover, the inflow of foreign nationals increased from 266,000 to 790,000 individuals. As of January 2015, approximately 10% of residents in Germany were foreign nationals, with around 12% born outside the country. Naturally, these figures have all risen significantly following Merkel's decision to allow what has reached one million refugees and migrants into Germany across 2016 and moving into 2017. Moving from this reality, the research will f

Refugees And Rights

Author : Mary Crock
ISBN : 9781351905633
Genre : Law
File Size : 42. 95 MB
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Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The refugee’s rights to due process and the substance of entitlements at law are explored in essays that range across administrative processes; social and cultural rights, including family reunion; detention; and the right of return. There follow four essays that address sexual orientation and refugee rights; refugees and disability rights; human rights and persons displaced by climate change disasters; and the rights of victims of human trafficking. The volume concludes with work reflecting on the rights discourse outside of traditional ’Western’ theatres. These cover Africa (Kenya), India, South America (Brazil) and the Asia-Pacific (Indonesia and Papua New Guinea).

Children S Rights And Refugee Law

Author : Samantha Arnold
ISBN : 9781351683562
Genre : Law
File Size : 85. 66 MB
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Children make up half of the world’s refugees and over 40 per cent of the world’s asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children’s rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children’s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children’s rights approach, the conceptualisations of children outside the legal discipline, within international children’s rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children’s rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children’s rights and international human rights law.

Gender In Refugee Law

Author : Efrat Arbel
ISBN : 9781135038113
Genre : Law
File Size : 90. 27 MB
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Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.

The Law Of Refugee Status

Author : James C. Hathaway
ISBN : 9781107012516
Genre : Law
File Size : 35. 27 MB
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The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.

The Rights Of Refugees Under International Law

Author : James C. Hathaway
ISBN : 1139445766
Genre : Political Science
File Size : 26. 56 MB
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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.

Refugee Protection In International Law

Author : Erika Feller
ISBN : 0521532817
Genre : Law
File Size : 50. 9 MB
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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 examines key challenges that the Convention faces, including the scope of the principle of non-refoulement and the proper application of the elements of the refugee definition. The Office of the United Nations High Commissioner for Refugees (UNHCR) commissioned papers on these issues from some of the world's pre-eminent international refugee lawyers, discussed at a series of expert roundtable meetings during 2001 as part of UNHCR's Global Consultations on International Protection. The papers and roundtable conclusions are published here, together with an introduction and the landmark declaration of the 2001 Ministerial Meeting of States Parties to the Convention and/or Protocol.

Immigration And Refugee Law And Policy

Author : Stephen H. Legomsky
ISBN : 1599416131
Genre : Law
File Size : 78. 83 MB
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Since its initial publication in 1992, this casebook has been adopted at 172 U.S. law schools. It mixes theory, policy, and politics with practice-oriented materials that deal in doctrine, planning, and problem-solving. The authors make heavy use of policy analysis, fact problems, and simulation exercises. The teacher's manual contains detailed analyses of all the policy questions, fact problems, and simulation exercises, as well as synopses of all the cases, sample syllabi, and other teaching suggestions.The new edition replaces the combination of the 4th edition and the 2007 Supplement. It incorporates the sweeping changes of the past two years.Highlights include:The various elements of comprehensive immigration reformNew policy materials on the immigration debate and official EnglishA revamped chapter on undocumented immigrants, including a new section on the desirability and constitutionality of state and local interventionsNew developments on wor

International Political Theory And The Refugee Problem

Author : Natasha Saunders
ISBN : 9781315304137
Genre : Political Science
File Size : 47. 30 MB
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‘The refugee problem’ is a term that it has become almost impossible to escape. Although used by a wide range of actors involved in work related to forced migration, these actors do not often explain what exactly ‘the problem’ is that they are working to solve, leading to an unfortunate conflation of two quite different ‘problems’: the problems that refugees face and the problems that refugees pose. Beginning from the simple, yet too often overlooked, observation that how one conceives of solving a problem is inseparable from what one understands that problem to be, Saunders’ study explores the questions raised about how to address ‘the refugee problem’ if we recognise that there may not be just one ‘problem’, and that not all actors involved with the refugee regime conceive of their work as addressing the same ‘problem’. Utilising the work of Michel Foucault, the book first charts how different ‘problems’ lend themselves to particular kinds of solutions, arguing that the international refugee regime is best understood as developed to ‘solve’ the refugee (as) problem, rather than refugees’ problems. Turning to the work of Hannah Arendt, the book then reframes ‘the refugee problem’ from the perspective of the refugee, rather than the state, and investigates the extent to which doing so can open up creative space for rethinking the more traditional solutions to the refugee (as) problem. Cases of refugee protest in Europe, and the burgeoning Sanctuary Movement in the UK, are examined as two sub-state and popular movements which could constitute such creative solutions to a reframed problem. The consequences of the ‘refugee’ label, and of the discourses of humanitarianism and emergency is a topic of critical concern, and as such, the book will form important reading for a scholars and students of (international) political theory and forced migration studies.

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