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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.
The Refugee Definition in International Law
In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.
The Concealment Controversy
An examination of the concealment controversy in international refugee law.
International Refugee Law and Socio-Economic Rights
A range of emerging refugee claims is beginning to challenge the boundaries of the Refugee Convention regime and question traditional distinctions between 'economic migrants' and 'political refugees'. This book, first published in 2007, identifies the conceptual and analytical challenges presented by claims based on socio-economic deprivation, and undertakes an assessment of the extent to which these challenges may be overcome by a creative interpretation of the Refugee Convention, consistent with correct principles of international treaty interpretation. The central argument is that, notwithstanding the dichotomy between 'economic migrants' and 'political refugees', the Refugee Convention is capable of accommodating a more complex analysis which recognizes that many claims based on socio-economic deprivation are indeed properly considered within the purview of the Refugee Convention. This, the first book to consider these issues, will be of great interest to refugee law scholars, advocates, decision-makers and non-governmental organizations.
The Limits of Transnational Law
State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
Adjusting to a World in Motion
International migration has reached new heights since the 1960s. Altogether, some 215 million people live in countries other than their countries of birth, and according to surveys, another 700 million say they would leave their homes and move to another country if they could. Nations-both sending and receiving-have responded to this growing international migrant flow with new laws and domestic programs. In receiving countries, they include laws and programs to control entry, encourage high-skilled immigration, develop refugee policy, and speed assimilation. In sending countries, governments are implementing and experimenting with new policies that link migrant diasporas back to their home c...
Secularisms in a Postsecular Age?
This volume ethnographically explores the relation between secularities and religious subjectivities.As a consequence of the demise of secularization theory, we live in an interesting intellectual moment where the so-called ‘post-secular’ coexists with the secular, which in turn has become pluralized and historicized. This cohabitation of the secular and post-secular is revealed mainly through political dialectical processes that overshadow the subjective and inter-subjective dimensions of secularity, making it difficult to pinpoint concrete sites, agents, and objects of expression. Drawing on cases from South America, Africa, and Europe, contributors apply key insights from religious studies debates on the genealogies and formations of both religion and secularism. They explore the spaces, persons, and places in which these categories emerge and mutually constitute one another.
Custom, Power and the Power of Rules
This book explains the most foundational aspect of international law in international relations terms.
Gender and Migration
The impact of gender on migration processes Considering the dynamic and reciprocal relationship between gender relations and migration, the contributions in this book approach migration dynamics from a gender-sensitive perspective. Bringing together insights from various fields of study, it is demonstrated how processes of social change occur differently in distinct life domains, over time, and across countries and/or regions, influencing the relationship between gender and migration. Detailed analysis by regions, countries, and types of migration reveals a strong variation regarding levels and features of female and male migration. This approach enables us to grasp the distinct ways in which gender roles, perceptions, and relations, each embedded in a particular cultural, geographical, and socioeconomic context, affect migration dynamics. Hence, this volume demonstrates that gender matters at each stage of the migration process. In its entirety, Gender and Migrationgives evidence of the unequivocal impact of gender and gendered structures, both at a micro and macro level, upon migrant’s lives and of migration on gender dynamics.
Constitutional Review in Central and Eastern Europe
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional...
