Temporary Protection in Law and Practice

Temporary Protection in Law and Practice
Author: Meltem Ineli-Ciger
Publisher: BRILL
Total Pages: 297
Release: 2018-01-09
Genre: Law
ISBN: 9004327533

Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.

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

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.

Civil Society and Health

Civil Society and Health
Author: Scott L. Greer
Publisher: World Health Organization
Total Pages: 191
Release: 2017-11-20
Genre: Law
ISBN: 9289050438

Civil Society Organizations (CSOs) can make a vital contribution to public health and health systems but harnessing their potential is complex in a Europe where government-CSO relations vary so profoundly. This study is intended to outline some of the challenges and assist policy-makers in furthering their understanding of the part CSOs can play in tandem and alongside government. To this end it analyses existing evidence and draws on a set of seven thematic chapters and six mini case studies. They examine experiences from Austria Bosnia-Herzegovina Belgium Cyprus Finland Germany Malta the Netherlands Poland the Russian Federation Slovenia Turkey and the European Union and make use of a single assessment framework to understand the diverse contexts in which CSOs operate. The evidence shows that CSOs are ubiquitous varied and beneficial and the topics covered in this study reflect such diversity of aims and means: anti-tobacco advocacy food banks refugee health HIV/AIDS prevention and cure and social partnership. CSOs make a substantial contribution to public health and health systems with regards to policy development service delivery and governance. This includes evidence provision advocacy mobilization consensus building provision of medical services and of services related to the social determinants of health standard setting self-regulation and fostering social partnership. However in order to engage successfully with CSOs governments do need to make use of adequate tools and create contexts conducive to collaboration. To guide policy-makers working with CSOs through such complications and help avoid some potential pitfalls the book outlines a practical framework for such collaboration. This suggests identifying key CSOs in a given area; clarifying why there should be engagement with civil society; being realistic as to what CSOs can or will achieve; and an understanding of how CSOs can be helped to deliver.

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: 2021-06-02
Genre: Law
ISBN: 0192588338

The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Exploring the Boundaries of Refugee Law

Exploring the Boundaries of Refugee Law
Author: Jean-Pierre Gauci
Publisher: Hotei Publishing
Total Pages: 355
Release: 2015-04-14
Genre: Law
ISBN: 9004265589

Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the ‘boundaries’ of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as ‘legal frontiers’ whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.

Structures of Protection?

Structures of Protection?
Author: Tom Scott-Smith
Publisher: Berghahn Books
Total Pages: 319
Release: 2020-05-01
Genre: Social Science
ISBN: 1789207134

Questioning what shelter is and how we can define it, this volume brings together essays on different forms of refugee shelter, with a view to widening public understanding about the lives of forced migrants and developing theoretical understanding of this oft-neglected facet of the refugee experience. Drawing on a range of disciplines, including sociology, anthropology, law, architecture, and history, each of the chapters describes a particular shelter and uses this to open up theoretical reflections on the relationship between architecture, place, politics, design and displacement.

Waiting and the Temporalities of Irregular Migration

Waiting and the Temporalities of Irregular Migration
Author: Christine M. Jacobsen
Publisher: Routledge
Total Pages: 210
Release: 2020-10-15
Genre: Social Science
ISBN: 1000225259

This edited volume approaches waiting both as a social phenomenon that proliferates in irregularised forms of migration and as an analytical perspective on migration processes and practices. Waiting as an analytical perspective offers new insights into the complex and shifting nature of processes of bordering, belonging, state power, exclusion and inclusion, and social relations in irregular migration. The chapters in this book address legal, bureaucratic, ethical, gendered, and affective dimensions of time and migration. A key concern is to develop more theoretically robust approaches to waiting in migration as constituted in and through multiple and relational temporalities. The chapters highlight how waiting is configured in specific legal, material, and socio-cultural situations, as well as how migrants encounter, incorporate, and resist temporal structures. This collection includes ethnographic and other empirically based material, as well as theorizing that cross-cut disciplinary boundaries. It will be relevant to scholars from anthropology and sociology, and others interested in temporalities, migration, borders, and power. The Open Access version of this book, available at http://www.tandfebooks.com , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Complementary Protection in International Refugee Law

Complementary Protection in International Refugee Law
Author: Jane McAdam
Publisher:
Total Pages: 344
Release: 2007
Genre: Asylum, Right of
ISBN:

This book provides a comprehensive analysis of complementary protection, from its historical development through to its contemporary application. By examining the human rights foundations of the Convention, the architecture of Convention rights, regional examples of complementary protection, and principles of non-discrimination, the book argues that the Convention acts as a type of lex specialis for persons in need of international protection, providing a specialized blueprint for legal status, irrespective of the legal source of the protection obligation.