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Seeking Accountability for the Unlawful Use of Force
Analysis of how to prevent war and reinforce UN systems by imposing accountability on individuals and states for the unlawful use of force.
The Refugee Convention at Fifty
Prompted by the fiftieth anniversary of the 1951 Convention Relating to the Status of Refugees, this volume collects essays by scholars from a wide range of disciplines, NGO staff, international organization professionals, and national-level policy makers. The contributors examine the impact of this legal document on forced migrants, the states they migrate from and to, and the societies they join and leave behind.
Mass Refugee Influx and the Limits of Public International Law
Situations of mass refugee influx represent by their very size and urgency daunting evidence of human suffering and cruelty. Consequently, the level and quality of refugee protection in times of crisis is tested. The choices to be made have to take into due consideration the prevalent conditions and restraints. They will probably always result in compromises. The question is whom or what the compromises are about? The focus in the present volume has been set on a detailed examination of some legal preconceptions commonly found in situations of mass refugee in-migration. The author concludes that situations when refugees arrive en masse do not, as a rule, qualify as a public emergency that threatens the life of the nation under contemporary international human rights law, and that mass expulsion of refugees as an emergency measure is prohibited at all times when this entails the risk of violating rights immune to derogation.
The Land Beyond
This book collects Professor Atle Grahl-Madsen's essays on refugee law and policy in a single volume, including commentary on the principles of refugee law and on important refugee crisis situations. Arranged in chronological order, the compilation of work contains all the author's scholarly English language articles dedicated to the needs and rights of refugees and asylum seekers. The republication of these articles makes an important part of Atle Grahl-Madsen's written work more easily accessible than before. The objective of the book is to provide a new perspective on Grahl-Madsen's approach, his ideas and the results of his research and thinking. As the United Nations High Commissioner f...
Writing Against Expulsion in the Post-War World
Writing Against Expulsion in the Post-War World: Making Space for the Human tells a pre-history of the Hostile Environment. The book's starting point is the rapidly escalating use of detention as a response to human movement and the global production of geopolitical non-personhood in which detention results. As a matter of urgency, the book argues, we need to understand what is at stake in such policies and to resist the world we are making when we detain and expel. Writing Against Expulsion returns to a post-war period when the brutal consequences of the politics of expulsion were visible and when it was clear to writers of all kinds that space for the human had to be made. Drawing on conte...
The Global Reach of European Refugee Law
Europe has the most advanced regional protection regime in the world. The predicted impact of this body of norms, including the new Common European Asylum System, has been widely identified as one that will have a 'ripple effect' beyond the EU. However, very few studies have noted the fact that this regime has already influenced the law and practice of states around the world, for some time. The purpose of this book is to gather evidence that emulation is happening (if it is), to explore the extent and identify the processes through which it is happening, and to examine the implications of these findings. A review of seven case studies reveals all but one of these cases provides clear evidence of emulation at some point in time. The EU protection regime, which has been most influenced by the European Court of Human Rights, is 'naturally' evolving transnationally and spreading internationally.
International Humanitarian Law and Human Rights Law
The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]
Climate Change, Disasters and the Refugee Convention
Revealing the role of discrimination in disasters challenges received wisdom about who is a refugee.
Exploring the Boundaries of Refugee Law
Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the ‘boundaries’ of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as ‘legal frontiers’ whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.
