States, the Law and Access to Refugee Protection

States, the Law and Access to Refugee Protection
Author: Maria O'Sullivan
Publisher: Bloomsbury Publishing
Total Pages: 398
Release: 2017-03-23
Genre: Law
ISBN: 1509901302

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This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure – which the editors have termed 'access to justice'. To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law.

The Oxford Handbook of International Refugee Law

The Oxford Handbook of International Refugee Law
Author: Cathryn Costello
Publisher: Oxford University Press
Total Pages: 1337
Release: 2021
Genre: Law
ISBN: 0198848633

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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.

Access to Asylum

Access to Asylum
Author: Thomas Gammeltoft-Hansen
Publisher: Cambridge University Press
Total Pages: 309
Release: 2011-03-17
Genre: Political Science
ISBN: 113950116X

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Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.

Refugee Protection

Refugee Protection
Author: Kate Jastram
Publisher:
Total Pages: 154
Release: 2001
Genre: Asylum, Right of
ISBN:

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2. The role of UNHCR

Refugee Protection and the Role of Law

Refugee Protection and the Role of Law
Author: Susan Kneebone
Publisher: Routledge
Total Pages: 367
Release: 2014-06-27
Genre: Law
ISBN: 1135046905

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Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

The Law of Refugee Status

The Law of Refugee Status
Author: James C. Hathaway
Publisher: Cambridge University Press
Total Pages: 777
Release: 2014-07-03
Genre: Law
ISBN: 1107012511

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

The Grounds of Refugee Protection in the Context of International Human Rights and Humanitarian Law
Author: Mark R. von Sternberg
Publisher: BRILL
Total Pages: 343
Release: 2021-10-25
Genre: Law
ISBN: 900447918X

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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.

States, the Law and Access to Refugee Protection

States, the Law and Access to Refugee Protection
Author: Maria O'Sullivan
Publisher: Bloomsbury Publishing
Total Pages: 335
Release: 2017-03-23
Genre: Law
ISBN: 1509901299

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This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure – which the editors have termed 'access to justice'. To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law.

The Oxford Handbook of Refugee and Forced Migration Studies

The Oxford Handbook of Refugee and Forced Migration Studies
Author: Elena Fiddian-Qasmiyeh
Publisher: OUP Oxford
Total Pages: 785
Release: 2014-06-12
Genre: Political Science
ISBN: 0191645877

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Refugee and Forced Migration Studies has grown from being a concern of a relatively small number of scholars and policy researchers in the 1980s to a global field of interest with thousands of students worldwide studying displacement either from traditional disciplinary perspectives or as a core component of newer programmes across the Humanities and Social and Political Sciences. Today the field encompasses both rigorous academic research which may or may not ultimately inform policy and practice, as well as action-research focused on advocating in favour of refugees' needs and rights. This authoritative Handbook critically evaluates the birth and development of Refugee and Forced Migration Studies, and analyses the key contemporary and future challenges faced by academics and practitioners working with and for forcibly displaced populations around the world. The 52 state-of-the-art chapters, written by leading academics, practitioners, and policymakers working in universities, research centres, think tanks, NGOs and international organizations, provide a comprehensive and cutting-edge overview of the key intellectual, political, social and institutional challenges arising from mass displacement in the world today. The chapters vividly illustrate the vibrant and engaging debates that characterize this rapidly expanding field of research and practice.

Refugee Law and Durability of Protection

Refugee Law and Durability of Protection
Author: Maria O’Sullivan
Publisher: Routledge
Total Pages: 250
Release: 2019-05-08
Genre: Law
ISBN: 1351399179

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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.