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The Public Law of Gender
Examines the public law of gender and equality from the perspectives of comparative constitutional law, international law and governance.
Driven from Home
Throughout human history people have been driven from their homes by wars, unjust treatment, earthquakes, and hurricanes. The reality of forced migration is not new, nor is awareness of the suffering of the displaced a recent discovery. The United Nations High Commissioner for Refugees estimates that at the end of 2007 there were 67 million persons in the world who had been forcibly displaced from their homes—including more than 16 million people who had to flee across an international border for fear of being persecuted due to race, religion, nationality, social group, or political opinion. Driven from Home advances the discussion on how best to protect and assist the growing number of persons who have been forced from their homes and proposes a human rights framework to guide political and policy responses to forced migration. This thought-provoking volume brings together contributors from several disciplines, including international affairs, law, ethics, economics, and theology, to advocate for better responses to protect the global community’s most vulnerable citizens.
UNHCR
This is a concise and comprehensive introduction to both the world of refugees and the UN organization that protects and assists them. Written by experts in the field, this is one of the very few books that trace the relationship between state interests, global politics, and the work of the United Nations High Commissioner for Refugees’ (UNHCR). Looking ahead into the twenty-first century, the authors outline how the changing nature of conflict and displacement poses UNHCR with a new array of challenges and how there exists a fundamental tension between the UN’s human rights agenda of protecting refugees fleeing conflict and persecution and the security, political and economic interests of states around the world. Key topics discussed include: The UNHCR as an actor in world politics since 1950 Refugee definition and protection instruments New challenges to the UNHCR's mandate Institutional strengths and weaknesses Asylum crises in the global North and global South Protracted refugee situations and internally displaced persons Key criticisms and continuing relevance of the UNHCR.
The UNHCR and the Supervision of International Refugee Law
The 1951 Convention relating to the Status of Refugees, and its 1967 Protocol, and many other important international instruments recognize the unique role the UNHCR plays in protecting refugees and supervising international refugee law. This in-depth analysis of the UNHCR's supervisory role in the international refugee protection regime examines the part played by key institutions, organizations and actors in the supervision of international refugee law. It provides suggestions and recommendations on how the UNHCR's supervisory role can be strengthened to ensure greater State Parties' compliance to their obligations under these international refugee rights treaties, and contributes to enhancing the international protection of refugees and to the promotion of a democratic global governance of the international refugee protection regime.
International Refugee Law and Socio-Economic Rights
Publisher Description
Status and Treatment of Deserters in International Armed Conflicts
In this study, Heike Niebergall-Lackner discusses the classical military offence of desertion from the standpoint of international law. Taking account of the three factual situations that might arise following a desertion in international armed conflicts - capture by the home country, capture or crossing over to the enemy party, and seeking refuge in a country not involved in the conflict – the examination offers a comprehensive overview of the treatment and the protection afforded to deserters under international human rights law, international humanitarian law and refugee law. The examination is conducted against the background of the duties of soldiers under modern international law and shows that, depending on the legality of the conflict, desertion might represent the legitimate decision of the individual to act in accordance with these duties.
UNHCR and International Refugee Law
This book considers the UNHCR's contribution to international refugee law. The book explores the role of the organisation in developing international refugee law and ensuring the effectiveness of such law. The book charts the significant evolution that has occurred in the organisation's role in the last sixty years and reflects on how the UNHCR can ensure its own viability and relevance in the face of future refugee crises.
Human Rights and the Dark Side of Globalisation
This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.
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.
Refugee Protection and the Role of Law
Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘P...
