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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.
Refugee Displacement, Disability and Human Rights
This book presents a timely and innovative exploration of one of the first human rights articles about data production and processing: the Convention on the Rights of Persons with Disabilities article 31, ‘Statistics and data collection’. The study provides detailed explorations of the legal and practical demands of article 31, how these have been interpreted and the practice of human rights research with marginalised communities. It describes the history of the article’s drafting in detail, uncovering the tensions at its heart today. This analysis provides the foundations for an alternative doctrinal reading of the obligations in article 31 and an exploration of a potential group righ...
Human Rights and The Revision of Refugee Law
This book addresses the relationship between International Refugee Law and International Human Rights Law. Using international refugee law’s analytical turn to human rights as its object of inquiry, it represents a critical intervention into the revisionism that has led to conceptual fragmentation and restrictive practices. Mainstream literature in refugee law reflects a mood of celebration, a narrative of progress which praises the discipline’s rescue from obsolescence. This is commonly ascribed to its repositioning alongside human rights law, its veritable rediscovery as an arm of this far greater edifice. By using human rights logic to construct the current legal paradigm and inform u...
Tambú
As contemporary Tambú music and dance evolved on the Caribbean island of Curaçao, it intertwined sacred and secular, private and public cultural practices, and many traditions from Africa and the New World. As she explores the formal contours of Tambú, Nanette de Jong discovers its variegated history and uncovers its multiple and even contradictory origins. De Jong recounts the personal stories and experiences of Afro-Curaçaoans as they perform Tambu–some who complain of its violence and low-class attraction and others who champion Tambú as a powerful tool of collective memory as well as a way to imagine the future.
The Refugee Status of Persons with Disabilities
A disability-sensitive interpretation of the refugee definition -- 'Being persecuted' -- Failure of state protection -- Causal nexus : 'for Reasons of' -- Convention ground.
Conceptualizing Femicide as a Human Rights Violation
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human 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.
Seeking Asylum in the European Union
Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States. With a foreword by Professor Hélène Lambert.
The Cambridge Companion to Caribbean Music
The diverse musics of the Caribbean form a vital part of the identity of individual island nations and their diasporic communities. At the same time, they witness to collective continuities and the interrelatedness that underlies the region's multi-layered complexity. This Companion introduces familiar and less familiar music practices from different nations, from reggae, calypso and salsa to tambú, méringue and soca. Its multidisciplinary, thematic approach reveals how the music was shaped by strategies of resistance and accommodation during the colonial past and how it has developed in the postcolonial present. The book encourages a comparative and syncretic approach to studying the Caribbean, one that acknowledges its patchwork of fragmented, dynamic, plural and fluid differences. It is an innovative resource for scholars and students of Caribbean musical culture, particularly those seeking a decolonising perspective on the subject.
