The Internal Protection Alternative in Refugee Law

The Internal Protection Alternative in Refugee Law
Author: Jessica Schultz
Publisher: BRILL
Total Pages: 443
Release: 2018-12-10
Genre: Law
ISBN: 9004361960

Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the ‘internal protection alternative’ (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources. She argues that the doctrine of implied limits in human rights law can provide analytic structure to the IPA concept and reduce the risk of overly broad application.

The Internal Protection Alternative in Refugee Law

The Internal Protection Alternative in Refugee Law
Author: Jessica Schultz
Publisher:
Total Pages: 0
Release: 2019
Genre: Asylum, Right of
ISBN: 9789004361959

The Internal Protection Alternative in Refugee Law addresses the legal conditions under which a refugee claimant may be returned to a safe area within her country of origin.

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

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.

Human Rights and the Refugee Definition

Human Rights and the Refugee Definition
Author: Bruce Burson
Publisher: BRILL
Total Pages: 427
Release: 2016-02-02
Genre: Law
ISBN: 9004288597

Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.

Research Handbook on International Refugee Law

Research Handbook on International Refugee Law
Author: Satvinder Singh Juss
Publisher: Edward Elgar Publishing
Total Pages: 473
Release: 2019
Genre: Law
ISBN: 0857932810

In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.

Internally Displaced Persons and International Refugee Law

Internally Displaced Persons and International Refugee Law
Author: Bríd Ní Ghráinne
Publisher: Oxford University Press
Total Pages: 241
Release: 2022
Genre: Internally displaced persons
ISBN: 0198868448

Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.

Refugee Protection

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

2. The role of UNHCR

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

The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.

'Protection' in European Union Asylum Law

'Protection' in European Union Asylum Law
Author: Julian Lehmann
Publisher: International Refugee Law
Total Pages: 278
Release: 2020
Genre: Law
ISBN: 9789004430242

Introduction : why researching the uses of the term 'protection' in EU asylum law -- International protection vs. 'domestic' protection -- Protection against harm -- The internal protection alternative -- Protection in third countries -- Conclusion : what paradigm of protection for EU asylum law?

The Refugee in International Law

The Refugee in International Law
Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
Total Pages: 847
Release: 2007
Genre: Art
ISBN: 0199281300

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.