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Resettlement As Protection
This timely book focuses on one of the so-called "durable solutions to the problem of refugees" that UNHCR has been charged to pursue: resettlement. Resettlement consists of the transfer of refugees from their country of asylum to another state in case of severe protection problems in the country of asylum. States are not obliged to offer resettlement places, and in practice that means that resettlement is run as a discretionary immigration scheme. This book attempts to integrate resettlement in international refugee law. Key to the analysis is understanding what the need for resettlement means: in essence a second country of asylum. The integration of resettlement in international refugee l...
The Rights of Refugees under International Law
This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
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.
Essays on the Law of Treaties
This focused collection of essays on various aspects of the law of treaties does justice to its honoree, scholar and author Professor Bert E.W. Vierdag, on the occasion of his retirement as Professor of International Law and International Relations at the University of Amsterdam. Written by leading academics in the field as well as practitioners and former practitioners, the essays cover: - the alignment of treaties with more general sources doctrine, addressing such issues as conflicts between various types of treaties and the relationship between treaties and customary international law, and between treaties and domestic law; - the emergence of treaty norms through various ways and methods; and - the creation of treaty law in several branches of international law. This cohesive, focused, expert work will assist and appeal to both academics in the fields of public law and political science and professionals engaged in international negotiations and treaty-making.
Human Rights in the Twentieth Century
Has there always been an inalienable 'right to have rights' as part of the human condition, as Hannah Arendt famously argued? The contributions to this volume examine how human rights came to define the bounds of universal morality in the course of the political crises and conflicts of the twentieth century. Although human rights are often viewed as a self-evident outcome of this history, the essays collected here make clear that human rights are a relatively recent invention that emerged in contingent and contradictory ways. Focusing on specific instances of their assertion or violation during the past century, this volume analyzes the place of human rights in various arenas of global politics, providing an alternative framework for understanding the political and legal dilemmas that these conflicts presented. In doing so, this volume captures the state of the art in a field that historians have only recently begun to explore.
Self-Determination in International Law, Quebec and Lessons Learned
The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-dete...
Leuven Manual on the International Law Applicable to Peace Operations
The authoritative manual on the applicable international law and best practice in the planning and conduct of peace operations.
Ethnic Diversity and Public Policy
In recent years, the saliency of conflicts pitting different ethnic, racial and religious groups against one another has increased dramatically. The world of nation-states is much more diverse than previously realized; only a small number of the 185 independent countries are truly homogeneous. With the end of the cold war, the relative importance of ethnic conflicts as a threat to international peace and stability is far greater. An international set of scholars collaborate in this volume to explore policy alternatives which can contribute towards the accommodation of cultural diversity.
Resolving Claims to Self-Determination
Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future ...
A Force Profonde
Presenting detailed portraits by leading authorities of the politics of human rights across the major regions of the globe, A Force Profonde: The Power, Politics, and Promise of Human Rights reveals human rights to be a force as powerful as capitalist markets and technological innovation in shaping global governance. Human rights issues mobilize populations regardless of their national, ethnic, cultural, or religious differences. Yet progress in advancing human rights globally, as Edward A. Kolodziej and the other contributors to the volume contend, depends decisively on the local support and the efforts of the diverse and divided peoples of the world—a prerequisite that remains problemati...
