The Internal Protection Alternative In International Refugee Law
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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.
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.
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.
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.
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.
Author | : Kate Jastram |
Publisher | : |
Total Pages | : 154 |
Release | : 2001 |
Genre | : Asylum, Right of |
ISBN | : |
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.
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?
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.
Author | : T. Alexander Aleinikoff |
Publisher | : Stanford University Press |
Total Pages | : 129 |
Release | : 2019-10-01 |
Genre | : Political Science |
ISBN | : 1503611426 |
The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.