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Conflict Refugees
Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the relevance of the Refugee Convention, this book demonstrates how appellate authorities across the EU approach situations of armed conflict predominantly through outdated understandings of warfare and territoriality. Thus, they apply a higher standard of proof than is warranted by international refugee law. Adopting a gender perspective, Querton also shows how appellate authorities fail to acknowledge the gender-differentiated impact of armed conflicts. Drawing from gender and security studies, this book proposes an original conceptual framework which, supported by existing international legal standards, reframes the definition of 'refugee' and better reflects the reality of violence in modern-day conflicts. In doing so, it re-asserts the Refugee Convention as the cornerstone of international protection.
Conflict Refugees
Uncovers judicial approaches to refugee law across the European Union in the cases of refugees fleeing armed conflicts.
The Cambridge History of Global Migrations: Volume 2, Migrations, 1800–Present
Volume II presents an authoritative overview of the various continuities and changes in migration and globalization from the 1800s to the present day. Despite revolutionary changes in communication technologies, the growing accessibility of long-distance travel, and globalization across major economies, the rise of nation-states empowered immigration regulation and bureaucratic capacities for enforcement that curtailed migration. One major theme worldwide across the post-1800 centuries was the differentiation between 'skilled' and 'unskilled' workers, often considered through a racialized lens; it emerged as the primary divide between greater rights of immigration and citizenship for the former, and confinement to temporary or unauthorized migrant status for the latter. Through thirty-one chapters, this volume further evaluates the long global history of migration; and it shows that despite the increased disciplinary systems, the primacy of migration remains and continues to shape political, economic, and social landscapes around the world.
Gender in Refugee Law
Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual o...
Gender and Queer Perspectives on Brexit
This collection examines the opportunities and challenges, rights and wrongs, and prospects and risks of Brexit from the perspectives of gender and sexuality. While much has been written about Brexit from legal, political, social and economic perspectives, there has been little analysis of the effects of Brexit on women and gender/sexual minorities who have historically been marginalised and whose voices have been less audible in political debates – both nationally and at the European level. The collection explores how Brexit might change the equality, human rights and social justice landscape, but from the viewpoint of women and gender/sexual minorities. The contributions gathered in it demonstrate the variety of ways that Brexit will make a difference to the lives of women and individuals marginalised because of gender or sexual identity.
‘Protection’ in European Union Asylum Law
Asylum law in the European Union is ripe with caveats that allow authorities to reject asylum applications due to ‘protection’ received in the home country or another location. But what does ‘protection’ mean in this context? And when is it strong enough to make denying an application lawful? Departing from the notion that refugee status is a “surrogate” for lacking protection at home, Julian M. Lehmann investigates the interplay of international law and European Union law on protection against harm by non-state actors, the Internal Protection Alternative concept, and asylum in third countries en route to the European Union. Lehmann demonstrates how conflating these concepts risks equating international protection with mere safety, which stands in contrast to the very purpose of refugee law.
The Oxford Handbook of International Refugee Law
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.
The Concealment Controversy
An examination of the concealment controversy in international refugee law.
Governing the EU in an Age of Division
Few international organizations embody the idea of historical progress as strongly as the European Union (EU). This book shows how Europe’s heterogeneity makes the EU unsuitable to be a vehicle of progress and political unity and makes the case for a more restrained, polycentric approach towards European integration.
African Witchcraft and Global Asylum-Seeking
This book analyzes how over the last two decades, immigration regimes in three primary refugee-receiving states in the Global North – Canada, Australia, and the United Kingdom – have engaged with allegations about witchcraft-driven violence made by asylum seekers coming from Anglophone countries across the African continent. The work intervenes at the nexus of anthropological, historical, legal, developmental, and human rights literatures to offer fresh insights into extrajudicial violence and global migration. Taking witchcraft-based asylum cases as its focal point, it argues that the recent dramatic expansion in claims to refugee protection under the ‘particular social group’ categ...
