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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.
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.
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.
Radicalisation is a topical and a much-discussed concept in current European societies. Its use in policy and societal discourses, such as media coverage and educational contexts, is very sensitive. This thought-provoking collection of essays critically addresses the topic of radicalisation from different angles, combining discipline-specific insights from the fields of sociology, philosophy, history, religious studies, and media studies, with new empirical data. The authors step away from readily available explanations and rethink the notion of 'the radical'. Rather than merely focusing on individuals or ideologies, they advocate for a contextual perspective that allows to consider the comp...
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...
Thought-provoking insights on the nexus of migration and integration beyond the national context Across the world, and due to ongoing globalisation, migration is increasingly becoming a part of daily life. But more than ever, migration can no longer be viewed as a simple linear trajectory from A to B. The emergence of transnational communities and intense interactions between regions of origin and of destination have led to new forms of social–cultural praxis and (sub)cultures which exert an important influence on the integration of immigrants. The case of Flanders, the northern part of Belgium and a reference point for the impact of these processes across Europe, is presented as a case st...
This book sheds light on the policies pursued by the authorities in Canada and Flanders in terms of their expectations of 'newcomers'.
The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective examines the applicability of refugee law and international human rights law in situations of environmentally-induced displacement, and explores possible future approaches to addressing the issue.
This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in th...
An examination of the concealment controversy in international refugee law.