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The Limits Of Transnational Law

Author: Hélène Lambert
Publisher: Cambridge University Press
ISBN: 0521198208
Size: 33.60 MB
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A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.

The Global Reach Of European Refugee Law

Author: Hélène Lambert
Publisher: Cambridge University Press
ISBN: 1107435714
Size: 73.21 MB
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Europe has the most advanced regional protection regime in the world. The predicted impact of this body of norms, including the new Common European Asylum System, has been widely identified as one that will have a 'ripple effect' beyond the EU. However, very few studies have noted the fact that this regime has already influenced the law and practice of states around the world, for some time. The purpose of this book is to gather evidence that emulation is happening (if it is), to explore the extent and identify the processes through which it is happening, and to examine the implications of these findings. A review of seven case studies reveals all but one of these cases provides clear evidence of emulation at some point in time. The EU protection regime, which has been most influenced by the European Court of Human Rights, is 'naturally' evolving transnationally and spreading internationally.

Judicial Dialogue And Human Rights

Author: Amrei Müller
Publisher: Cambridge University Press
ISBN: 131680254X
Size: 68.73 MB
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This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.

Protection And Empire

Author: Lauren Benton
Publisher: Cambridge University Press
ISBN: 1108417868
Size: 15.93 MB
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This book situates protection at the centre of the global history of empires, thus advancing a new perspective on world history.

Refugee Protection And The Role Of Law

Author: Susan Kneebone
Publisher: Routledge
ISBN: 1135046913
Size: 57.44 MB
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Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

The Unhcr And The Supervision Of International Refugee Law

Author: James C. Simeon
Publisher: Cambridge University Press
ISBN: 1107244781
Size: 76.36 MB
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The 1951 Convention relating to the Status of Refugees, and its 1967 Protocol, and many other important international instruments recognize the unique role the UNHCR plays in protecting refugees and supervising international refugee law. This in-depth analysis of the UNHCR's supervisory role in the international refugee protection regime examines the part played by key institutions, organizations and actors in the supervision of international refugee law. It provides suggestions and recommendations on how the UNHCR's supervisory role can be strengthened to ensure greater State Parties' compliance to their obligations under these international refugee rights treaties, and contributes to enhancing the international protection of refugees and to the promotion of a democratic global governance of the international refugee protection regime.

The State Of The World S Refugees 2012

Author: United Nations High Commissioner for Refugees (UNHCR),
Publisher: Oxford University Press
ISBN:
Size: 30.97 MB
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"The Office of the United Nations High Commissioner for Refugees"--P. [1] of cover.

Survival Migration

Author: Alexander Betts
Publisher: Cornell University Press
ISBN: 0801468957
Size: 64.24 MB
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International treaties, conventions, and organizations to protect refugees were established in the aftermath of World War II to protect people escaping targeted persecution by their own governments. However, the nature of cross-border displacement has transformed dramatically since then. Such threats as environmental change, food insecurity, and generalized violence force massive numbers of people to flee states that are unable or unwilling to ensure their basic rights, as do conditions in failed and fragile states that make possible human rights deprivations. Because these reasons do not meet the legal understanding of persecution, the victims of these circumstances are not usually recognized as “refugees,” preventing current institutions from ensuring their protection. In this book, Alexander Betts develops the concept of “survival migration” to highlight the crisis in which these people find themselves. Examining flight from three of the most fragile states in Africa—Zimbabwe, the Democratic Republic of Congo, and Somalia—Betts explains variation in institutional responses across the neighboring host states. There is massive inconsistency. Some survival migrants are offered asylum as refugees; others are rounded up, detained, and deported, often in brutal conditions. The inadequacies of the current refugee regime are a disaster for human rights and gravely threaten international security. In Survival Migration, Betts outlines these failings, illustrates the enormous human suffering that results, and argues strongly for an expansion of protected categories.