The Refugee in International Law
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 ofRefugees 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 theasylum process, increased controls over the movements of people, and the 'new' concern with security.This book represents an exciting new contribution to the field of refugee law and human rights law. It considers the legal obligations which countries have to people who do not meet the 1951 Convention/1967 Protocol definition of a 'refugee', but who have nonetheless been forcibly displaced fromtheir homes, whether due to war, generalized violence, humanitarian disaster or torture, inhuman or degrading treatment or punishment. The book analyses international human rights law to discern where legal obligations to provide such 'complementary protection' might arise, and considers the legalstatus which countries ought to provide to those thereby protected. It provides a comprehensive overview of States' current responses, and offers original and thoughtful suggestions for protecting such refugees within the international legal framework.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 interpretingthe 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 internallydisplaced 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 possibilitiesin human rights treaties, particularly the European Convention on Human Rights.
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Tables of Cases
Table of Treaties and Other International and Regional Instruments
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1951 Convention accordance activities adopted Appeal application Article Assembly assistance asylum seekers authorities basis circumstances claim Commission concerned Conclusion considered Constitution Council country of origin Court crime decision definition determination Directive displaced documents effective ensure established European examination example Executive Committee fact fear force freedom further granted grounds High Human Rights humanitarian IJRL Immigration individual international law International Protection issue limited means measures Member Minister necessary non-refoulement Note objective obligations Organization para paragraph paras particular parties persecution persons political possible practice present principle problems procedures proposed Protocol punishment question reasons recognized referred refugee status regard relating relevant Report request residence respect responsibility rules safe seek serious situation social standards temporary territory third country tion torture treatment treaty UN doc UNGA UNHCR United Kingdom United Nations
The Politics of Migration and Immigration in Europe
No preview available - 2003
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