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Europe Et Les Réfugiés
This book provides a comparative study of refugee case law in Europe and North America. Nearly five thousand decisions were recorded and one thousand five hundred have been considered in the national reports. This descriptive work is followed by a more analytical part, offering a new way to interpret the definition of a refugee based on three elements: Risk, Persecution and Proof (R.P.P.), summarized in the 'Theory of the Three Scales'. This book will be of great interest to organisations, practitioners and decisions makers in Refugee Law, and to scholars of Comparative Law. Of related interest: Europe and Refugees: A Challenge?/L'Europe et les réfugiés: un défi?, edited by Jean-Yves Carlier and Dirk Vanheule (Kluwer Law International, 1997, 90-411-0347-3), contains a collection of essays analysing the plight of refugees today, paying particular attention to the situation in Europe, and to the new European treaties such as the Dublin Convention, the Schengen Agreement and the Resolution of the European Union.
Europe and Refugees: A Challenge? / L'Europe Et Les Réfugiés: Un Défi?
This volume emerged from an international colloquium held in April 1995 in Antwerp, Belgium, on the subject of `Europe and Refugees'. It analyses the various challenges posed by the plight of refugees today, paying particular attention to the situation in Europe, and to the new European treaties such as the Dublin Convention, the Schengen Agreement and the Resolutions of the European Union. Europe and Refugees: A Challenge? offers the reader both an international and a multidisciplinary vision. Its contributors come from both within and outside Europe, and are drawn from a large range of disciplines including philosophy, political science and law. This volume contains contributions in Englis...
International Refugee Law and Socio-Economic Rights
Publisher Description
Fragmented State Power and Forced Migration
Drawing extensively on international and European law, international and national case law, as well as academic writings, this study offers a comprehensive and critical analysis on the issue of non-state actors in refugee law.
Rethinking Refugees
Rethinking Refugees: Beyond State of Emergency examines the ways in which refugees have been made objects of the complex discourse, practices, and strategies of humanitarianism making visible the link between our knowledge of refugees and questions about the changing status of political power, space, and identity. The author draws upon post-structural analytical tools to develop a critique of humanitarianism and to sketch a bio-political framework for understanding the relationship between the humanity of refugees and their capacity, or lack thereof, for political voice and action. Rethinking Refugees is a radically fresh approach to understanding refugees, their movements, and their place within an increasingly globalized international politics.
The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective
In The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Hélène Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.
The Grounds of Refugee Protection in the Context of International Human Rights and Humanitarian Law
This volume examines the ways in which human rights and humanitarian law have influenced the development of the refugee definition as interpreted in the United States and Canada. Analysis focuses on how these two significant jurisdictions have addressed refugee protection in a modern context. The problem areas discussed include: persecution during periods of upheaval, resistance to the State in times of civil war, opposition to coercive family planning programs, and the diverse issues raised by gender-based asylum claims. The view is advanced that the grounds of refugee protection are not fixed but parallel discriminatory social and political attitudes towards defined groups. The study also advocates that human rights and humanitarian law principles should continue to shape the evolution of refugee jurisprudence so as to achieve more effectively the Convention's goals. This work will be of great interest to academics, practitioners, and policy makers in the refugee field, as well as to scholars of international human rights and humanitarian law.
Asylum Policy, Boat People and Political Discourse
This book compares the policies of Australia and Italy towards boat people who have arrived in the two countries since the early 1990s. While the regular and varied inflow of immigrants arriving at national airports, ferry terminals and train stations is seldom witnessed by the public, the arrival of boat people is often played out in the media and consequently attracts disproportionate political and public attention. Both Australia and Italy faced similar dilemmas, but the nature of political debate on the issue, the types of strategies introduced, and the effects that policy changes had on boat people diverged considerably. This book argues that contrasting migration path dependencies, disparate political values within the Left, and varying international obligations best explain the different approaches taken by the two countries to boat people.
Evidence in European Asylum Procedures
This book focuses on three European asylum procedures and the evidentiary assessment carried out in these. The interrelationship between these procedures and legal systems influencing them is explored and questions in relation to the harmonizing strivings of EU are posed.
