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The Grounds of Refugee Protection in the Context of International Human Rights and Humanitarian Law
This volume examines the ways in which human rights and humanitarian law have influenced the development of the refugee definition as interpreted in the United States and Canada. Analysis focuses on how these two significant jurisdictions have addressed refugee protection in a modern context. The problem areas discussed include: persecution during periods of upheaval, resistance to the State in times of civil war, opposition to coercive family planning programs, and the diverse issues raised by gender-based asylum claims. The view is advanced that the grounds of refugee protection are not fixed but parallel discriminatory social and political attitudes towards defined groups. The study also advocates that human rights and humanitarian law principles should continue to shape the evolution of refugee jurisprudence so as to achieve more effectively the Convention's goals. This work will be of great interest to academics, practitioners, and policy makers in the refugee field, as well as to scholars of international human rights and humanitarian law.
Human Rights Protection for Refugees, Asylum-Seekers, and Internally Displaced Persons: A Guide to International Mechanisms and Procedures
This volume provides a detailed and concrete analysis of how human rights complaints mechanisms can be accessed by refugees, asylum-seekers, and internally displaced persons. The guide offers a thorough explanation of the United Nations human rights treaty bodies, with a focus upon the four committees authorized to receive communications from individuals. Detailed information is provided concerning procedural requirements, while the treaties are analyzed for their relevance to the forcibly displaced. United Nations mechanisms are also examined, with an emphasis on the thematic and country special procedures of the Commission on Human Rights. Published under the auspices of the Procedual Aspects of International Law Institute (PAIL). For more information about PAIL please go to pail-institute.org . Published under the Transnational Publishers imprint.
Status of NGOs in International Humanitarian Law
In Status of NGOs in International Humanitarian Law, Claudie Barrat examines the legal framework applicable to NGOs in situations of armed conflict. The author convincingly demonstrates, contrary to convention, that in addition to the ICRC, the National Societies and the IFRC, numerous other NGOs referenced in humanitarian law treaties have a legal status in IHL and therefore legitimate claim to employ IHL provisions to respond to current challenges. On the basis of clear and thorough definitions of these entities, Barrat argues that existing NGOs meeting stringent definition can benefit from customary rights and obligations in both international and non-international armed conflict.
Outsourcing War and Peace
This timely book describes the services that are now delivered by private contractors and the threat this trend poses to core public values of human rights, democratic accountability, and transparency. --
Research Handbook on the Law of International Organizations
This pioneering Research Handbook with contributions from renowned experts, provides an overview of the general doctrines making up the law of international organizations.The approach of this book is taken from a novel perspective: that of the tension between functionalism and constitutionalism. In doing so, this Handbook presents not only practically relevant information, but also provides a tool for understanding the ways in which internationalorganizations work. It has separate chapters on specific 'constitutional' topics and on two specific organizations: the EU and the UN. Research Handbook on the Law of international Organizations will be of particular interest to academics and graduate students in the fields ofinternational law, international politics and international relations.
Corporations and International Lawmaking
The classical model of international lawmaking posits governments as exclusively authoritative actors. However, commercially-oriented entities have long been protagonists within the prevailing international legal order, concluding contracts and resolving disputes with governments. Is the international legal personality of corporations undergoing further qualitative transformations ? Corporations influence the State practice constitutive of custom and create, refashion or challenge normative rules. The corporate willingness to fill legal lacunae where governments do not exercise their full regulatory responsibility is also observable through resort to alternative legal mechanisms. Corporation...
Progress in International Law
"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its...
Human Rights Protection in the Field
Massive, shocking violations of human rights are taking place in conflicts, crises, and emergencies around the world. There is broad agreement that human rights must be protected in the field, on the ground, where prople are vulnerable. But how is this to be done? There is a crisis of protection world-wide. Human rights and humanitarian organizations are in a quandry. They have all sounded the alarm. But how can protection be extended to those at risk, whether it be children, women, civilians, non-combattants, or the victims of oppression and violence? This is one of the first books to examine the need for protection in the field, survey the experiences of the different human rights and humanitarian organizations, and assess what works and what does not work. For the most part it reveals, sadly, a crisis in protection efforts in the field. But in doing so, it will, hopefully, spur on greater efforts for strengthened protection in the field. More effective protection of human rights is its quest.
EU Counter-Terrorist Policies and Fundamental Rights
Of individual sanctions could comply with general principles of EU law. Readership: Academics, graduate students, and practitioners interested in sanctions against individuals.
Migration, Refugee Policy, and State Building in Postcommunist Europe
Why do similar postcommunist states respond differently to refugees? Why do some states privilege certain refugee groups, while other states do not? This book presents a theory to account for this puzzle, and it centers on the role of the politics of nation-building and of the office of the UN High Commissioner for Refugees (UNHCR). A key finding of the book is that when the boundaries of a nation are contested (and thus there is no consensus on which group should receive preferential treatment in state policies), a political space for a receptive and nondiscriminatory refugee policy opens up. The book speaks to the broader questions of how nationalism matters after communism and under what conditions and through what mechanisms international actors can influence domestic polices. The analysis is based on extensive primary research the author conducted in four languages in the Czech Republic, Poland, Russia and Ukraine.
