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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.
On War and Democracy
Introduction : war, politics, democracy -- Democratic security -- Citizens and soldiers : the difference uniforms make -- A modest case for symmetry : are soldiers morally equal? -- Leaders and the gambles of war : against political luck -- War, democracy, and Secrecy : secret law -- Must a democracy be ruthless? : torture and existential politics -- Humanitarian intervention and the new democratic holy wars -- Drones and democracy -- Democracy and the death of norms -- Democratic states in victory : vae victis? -- Looking backward : democratic transitions and the choice of justice.
Practicing Asylum
A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. This multidisciplinary volume brings together experienced expert witnesses and immigration attorneys to highlight best practices and strategies for giving expert testimony in asylum cases. As the scale and severity of violence in Latin America has grown in the last decade, scholars and attorneys have collaborated to defend the rights of immigrant women, children, and LGBTQ+ persons who are threatened by gender-based, sexual, and gang violence in their home countries. Researchers in anthropology, history, political science, an...
Forcible Displacement Throughout the Ages
This book analyses the anthropological, historical, and legal contours of the crime of forcible displacement and proposes specific measures that the international community can adopt in order to prevent and/or punish the perpetration of the crime in the future.
Chinese Refugee Law
Understanding Chinese refugee law is difficult for those outside China or unfamiliar with it due to the complex factors involved. Chinese Refugee Law offers a comprehensive, up-to-date, and readily accessible reference to Chinese refugee law. It focuses first on existing laws and practices relating to refugees in China, then offering a scholar's proposal for a law to handle with refugee affairs and implement the Convention Relating to the Status of Refugees. The book provides the detail, insight and background information needed to understand this complex area of law. It examines both existing Chinese statutes and relevant international documents, drawing on and comparing Chinese and English language sources. It is thus an invaluable resource for both Chinese and non-Chinese readers alike.
The UNHCR and the Supervision of International Refugee Law
Analyses UNHCR's supervision of international refugee law and compliance with international standards in helping to ensure and advance refugee rights.
The Refugee Status of Persons with Disabilities
Persons with disabilities often face persecution. How does the 1951 Refugee Convention apply to them? In this first comprehensive study on the refugee definition for persons with disabilities, Stephanie Motz proposes a disability-specific approach to refugee status. The book provides a critical analysis of case law on refugee status determination focusing on four selected jurisdictions. Each chapter examines a different element of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities as well as international refugee law standards. This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
Refugee Rights and Policy Wrongs
Everyone has the right to seek asylum under international law. However, successive governments in Australia have declared the need to ‘stop the boats’ whatever the cost, be it human, economic, moral or legal. In this new book, Jane McAdam and Fiona Chong find that Australia’s policies towards refugees have hardened since their bestsellingRefugees: Why seeking asylum is legal and Australia’s policies are notwas published in 2014. Now,Refugee Rights and Policy Wrongs provides a wholly updated account of Australian refugee law and policy. Bringing facts to bear on a highly politicised debate, McAdam and Chong explain why Australia falls short of its own international commitments when it comes to policies on offshore processing, detention and boat turnbacks, among others. This up-to-date account of Australia’s refugee laws and policies could not come at a more crucial time and is compelling reading for anyone seeking to understand the human impacts of Australia’s practices. ‘This book should be read by all Australians concerned about the inhumanity demonstrated by successive federal governments when dealing with refugees seeking our protection.’ — Ian McPhee AO
