Refugees, Asylum Seekers and the Rule of Law PDF Download

Author: Susan Kneebone
Publisher: Cambridge University Press
ISBN: 0521889359
Category : Law
Languages : en
Pages : 357

View

Book Description
An assessment of the impact of asylum on the integrity of the rule of law in five common law jurisdictions.

Author: Susan Kneebone
Publisher:
ISBN: 9780511517631
Category :
Languages : en
Pages : 357

View

Book Description

Author: Michael Fordham
Publisher:
ISBN: 9781905221530
Category : Alien detention centers
Languages : en
Pages : 180

View

Book Description

Author: Sonja C. Grover
Publisher: Springer
ISBN: 3319780131
Category : Law
Languages : en
Pages : 251

View

Book Description
This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.

Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
ISBN: 0192536508
Category : Law
Languages : en
Pages : 865

View

Book Description
The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.

Author: Ademola Abass
Publisher: Routledge
ISBN: 1317069161
Category : Political Science
Languages : en
Pages : 408

View

Book Description
This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.

Author: European Law Institute
Publisher:
ISBN: 9783950345889
Category :
Languages : en
Pages :

View

Book Description

Author: James C. Hathaway
Publisher: Cambridge University Press
ISBN: 1108495893
Category : Law
Languages : en
Pages : 1453

View

Book Description
The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.

Author: Hélène Lambert
Publisher: BRILL
ISBN: 9004479473
Category : Law
Languages : en
Pages : 239

View

Book Description
The human and political problems presented by refugees and asylum are acute and are not improving. This is reflected in international concern and the existence of a treaty framework. The emergent body of refugee law is an amalgam of international, regional and national rules and procedures. But it is national law and practice, particularly with regard to immigration, which in reality determines an individual's right to asylum. The key to a true appreciation and understanding of the plight of refugees and the extent of their current rights therefore lies in national law and practice.

Author: Francesco Cherubini
Publisher: Routledge
ISBN: 1317804457
Category : Law
Languages : en
Pages : 300

View

Book Description
This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.