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International Legal Standards for the Protection from Refoulement

International Legal Standards for the Protection from Refoulement PDF Author: Cornelis Wolfram Wouters
Publisher:
ISBN: 9789050958769
Category : Asylum, Right of
Languages : en
Pages : 0

Book Description
Every year, millions of people are seeking protection in countries other than their own for fear of being tortured, persecuted, or killed. Finding protection is not easy. States are closely guarding their borders, making it difficult for aliens to seek protection from serious harm. No matter where they are or why they flee, people seeking international protection are vulnerable and insecure - in dire need of knowing, understanding, and receiving their rights. This book explores the basic right of every forcibly-displaced person to be protected from refoulement (forced return). The prohibition of refoulement is the cornerstone of international refugee and asylum law and aims to provide protection to people at risk of persecution, torture, inhuman treatment, or other human rights violations upon return to their own country. This book provides a comprehensive legal analysis of prohibitions of refoulement contained in four human rights treaties - the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture. The emphasis of the analysis is on the international meaning of the prohibitions of refoulement and on the responsibilities of States deriving from these prohibitions. The four treaties are analyzed in separate chapters. The final chapter compares the prohibitions of refoulement contained in the four investigated treaties. This book will be an important resource for legal scholars, students, and practitioners working with asylum seekers and refugees throughout the world. It is also a reminder for States which have obliged themselves to protect people from becoming victims of unspeakable atrocities.

International Legal Standards for the Protection from Refoulement

International Legal Standards for the Protection from Refoulement PDF Author: Cornelis Wolfram Wouters
Publisher:
ISBN: 9789050958769
Category : Asylum, Right of
Languages : en
Pages : 0

Book Description
Every year, millions of people are seeking protection in countries other than their own for fear of being tortured, persecuted, or killed. Finding protection is not easy. States are closely guarding their borders, making it difficult for aliens to seek protection from serious harm. No matter where they are or why they flee, people seeking international protection are vulnerable and insecure - in dire need of knowing, understanding, and receiving their rights. This book explores the basic right of every forcibly-displaced person to be protected from refoulement (forced return). The prohibition of refoulement is the cornerstone of international refugee and asylum law and aims to provide protection to people at risk of persecution, torture, inhuman treatment, or other human rights violations upon return to their own country. This book provides a comprehensive legal analysis of prohibitions of refoulement contained in four human rights treaties - the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture. The emphasis of the analysis is on the international meaning of the prohibitions of refoulement and on the responsibilities of States deriving from these prohibitions. The four treaties are analyzed in separate chapters. The final chapter compares the prohibitions of refoulement contained in the four investigated treaties. This book will be an important resource for legal scholars, students, and practitioners working with asylum seekers and refugees throughout the world. It is also a reminder for States which have obliged themselves to protect people from becoming victims of unspeakable atrocities.

The Refugee in International Law

The Refugee in International Law PDF Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
ISBN: 0199281300
Category : Law
Languages : en
Pages : 847

Book Description
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 and every issue, old and new, has received fresh analysis.

The Oxford Handbook of International Refugee Law

The Oxford Handbook of International Refugee Law PDF Author: Cathryn Costello
Publisher: Oxford University Press
ISBN: 0198848633
Category : Law
Languages : en
Pages : 1337

Book Description
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 PDF Author: Thomas Gammeltoft-Hansen
Publisher: Cambridge University Press
ISBN: 113950116X
Category : Political Science
Languages : en
Pages : 309

Book Description
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.

Frontex and Non-Refoulement

Frontex and Non-Refoulement PDF Author: Roberta Mungianu
Publisher: Cambridge University Press
ISBN: 1316790827
Category : Law
Languages : en
Pages : 275

Book Description
Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.

Non-Refoulement under the European Convention on Human Rights and the UN Convention against Torture

Non-Refoulement under the European Convention on Human Rights and the UN Convention against Torture PDF Author: Fanny De Weck
Publisher: BRILL
ISBN: 9004311491
Category : Law
Languages : en
Pages : 548

Book Description
This book offers a comprehensive analysis and comparison of the practice and case law of the European Court of Human Rights and the UN Committee against Torture in the assessment of individual complaints concerning the principle of non-refoulement.

Refuge in a Moving World

Refuge in a Moving World PDF Author: Elena Fiddian-Qasmiyeh
Publisher: UCL Press
ISBN: 1787353176
Category : Social Science
Languages : en
Pages : 562

Book Description
Refuge in a Moving World draws together more than thirty contributions from multiple disciplines and fields of research and practice to discuss different ways of engaging with, and responding to, migration and displacement. The volume combines critical reflections on the complexities of conceptualizing processes and experiences of (forced) migration, with detailed analyses of these experiences in contemporary and historical settings from around the world. Through interdisciplinary approaches and methodologies – including participatory research, poetic and spatial interventions, ethnography, theatre, discourse analysis and visual methods – the volume documents the complexities of refugees’ and migrants’ journeys. This includes a particular focus on how people inhabit and negotiate everyday life in cities, towns, camps and informal settlements across the Middle East and North Africa, Southern and Eastern Africa, and Europe.

Non-expulsion and Non-refoulement

Non-expulsion and Non-refoulement PDF Author: Gunnel Stenberg
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 320

Book Description
General criticism. 11. Recent development.

International Refugee Law

International Refugee Law PDF Author: Hne Lambert
Publisher: Routledge
ISBN: 1351562215
Category : History
Languages : en
Pages : 554

Book Description
The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.

Human Rights and the Refugee Definition

Human Rights and the Refugee Definition PDF Author: Bruce Burson
Publisher: BRILL
ISBN: 9004288597
Category : Law
Languages : en
Pages : 427

Book Description
In Human Rights and the Refugee Definition, Burson and Cantor bring together over a dozen contributions that add a fine-grained comparative perspective to the debate on whether, or how, interpretation of the refugee definition should take account of human rights law.