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

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.

Refuge from Inhumanity? War Refugees and International Humanitarian Law

Refuge from Inhumanity? War Refugees and International Humanitarian Law
Author: David Cantor
Publisher: Martinus Nijhoff Publishers
Total Pages: 512
Release: 2014-07-10
Genre: Law
ISBN: 9004261591

This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.

Global Risks

Global Risks
Author: Jana Hertwig
Publisher: Peter Lang
Total Pages: 278
Release: 2010
Genre: Globalization
ISBN: 9783631592915

Over the last decades and especially in the new millennium, global society is increasingly facing new risks and challenges on a global scale, demanding global solutions. With their articles on global risks, the authors have contributed to a topic that suffers from severe under-specification. Their contributions can be summoned up under three headings: Identification and Assessment, Normative Reflections and Alternative Modes of Governance. Each of the assembled articles shows, from very different academic perspectives, how international actors - states as well as regional and international organisations - deal with global risks that in today's globalised world affect not only one state or region, but the international community as a whole.

The Refugee in International Law

The Refugee in International Law
Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
Total Pages: 847
Release: 2007-03-22
Genre: Law
ISBN: 0192520350

Millions of people today are forced to flee their homes as a result of conflict, systemic discrimination, persecution, and other violations of their human rights. 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, now complemented by international and regional human rights treaties. This book, the leading text in a field where refugee law is now a subject of global importance, examines key challenges to system of international protection, including those arising from within the asylum process, increased controls over the movements of people, and the 'new' concern with security. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition, each chapter has been thoroughly revised and updated, every issue, old and new, has received fresh analysis, and 'complementary' or human rights-based protection is given special attention. Features include: analysis and assessment of developments in interpreting the refugee definition, with particular reference to 'social group', 'exclusion', procedures, and the impact of European Union harmonization initiatives. In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of camps and settlements; the current status in general international law of the fundamental principles of non-refoulement, asylum, and the right to seek asylum; and the extent of protection possibilities in human rights treaties, particularly the European Convention on Human Rights.

The Refugee Definition in International Law

The Refugee Definition in International Law
Author: Hugo Storey
Publisher: Oxford University Press
Total Pages: 837
Release: 2023-09-21
Genre: Law
ISBN: 0192580248

In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.

Yearbook of International Humanitarian Law - 2002

Yearbook of International Humanitarian Law - 2002
Author: Horst Fischer
Publisher: Cambridge University Press
Total Pages: 1046
Release: 2011-03-04
Genre: History
ISBN: 9789067041898

The world’s only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly-topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

Refugee Protection

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

2. The role of UNHCR