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'Protection' In European Union Asylum Law - International And European Law Requirements For Assessing Available Protection As A Criterion For Refugee And Subsidiary Status

by Julian Lehmann

259,70€ + 10% CARD

 Asylum law in the European Union is ripe with caveats that allow authorities to reject asylum applications due to 'protection' received in the home country or another location. But what does 'protection' mean in this context? And when is it strong enough to make denying an application lawful? Departing from the notion that refugee status is a "surrogate" for lacking protection at home, Julian M. Lehmann investigates the interplay of international law and European Union law on protection against harm by non-state actors, the Internal Protection Alternative concept, and asylum in third countries en route to the European Union. Lehmann demonstrates how conflating these concepts risks equating international protection with mere safety, which stands in contrast to the very purpose of refugee law.
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Refugee Status Of Persons With Disabilities

by Stephanie Anna Motz

283,55€ + 10% CARD

 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.
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Chinese Refugee Law

by Guofu Liu

316,68€ + 10% CARD

 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.
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Exile Within Borders - A Global Look At Commitment To The International Regime To Protect Internally Displaced Persons

by Gabriel Cardona-Fox

242,48€ + 10% CARD

 Twenty years after the introduction of the UN Guiding Principles for the Protection of Internally Displaced Persons, very little is known about their effectiveness in altering state behavior towards their displaced populations. In this book Gabriel Cardona-Fox takes a systematic and global first look at patterns of commitment and compliance with the IDP regime. Through the innovative use of statistical analysis on all documented cases of displacement and an in-depth case study of Colombia's evolving response towards internal displacement, this book identifies the domestic and international forces that drive some states to institute and comply with these guidelines. Exile Within Borders fills an important gap in the literature and moves the debate over the regime's effectiveness beyond anecdotal evidence.
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Returns Of Internally Displaced Persons During Armed Conflict - International Law And Its Application In Colombia

by David James Cantor

321,98€ + 10% CARD

 By 2017, it was estimated that over 40 million people were displaced within their own countries by conflict and violence across at least 56 countries worldwide. Solutions to the epidemic of forced internal displacement are frequently premised on the return of internally displaced persons (IDPs). Indeed, as a characteristic need of IDPs, such returns benefit from a special protection framework developed by IDP protection instruments such as the Guiding Principles. However, the legal status of those instruments remains ambiguous, generating attendant questions about the congruity of the IDP return framework with existing international law. Moreover, limited knowledge exists on its practical implementation. As a result, both inter-national agencies and individual scholars have repeatedly issued urgent calls for comprehensive and grounded theoretical investigation into this topic. This book answers those long-standing calls for research by presenting a detailed study of the return of conflict-afffected IDPs under international law.
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Protecting Stateless Persons - The Implementation Of The Convention Relating To The Status Of Stateless Persons Across Eu States

by Katia Bianchini

292,83€ + 10% CARD

 In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.
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Internal Protection Alternative In Refugee Law - Treaty Basis And Scope Of Application Under The 1951 Convention Relating To The Status Of Refugees And Its 1967 Protocol

by Jessica Schultz

352,45€ + 10% CARD

 Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the 'internal protection alternative' (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources. She argues that the doctrine of implied limits in human rights law can provide analytic structure to the IPA concept and reduce the risk of overly broad application.
ENGLISH

Exclusion From Protection As A Refugee - An Approach To A Harmonizing Interpretation In International Law

by Yao Li

262,35€ + 10% CARD

 In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a "harmonizing interpretation". The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.
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International Legal Status And Protection Of Environmentally-Displaced Persons: A European Perspective

eBook 10%

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International Legal Status And Protection Of Environmentally-Displaced Persons: A European Perspective

by Helene Ragheboom

393,53€ + 10% CARD

 In The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Helene Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.
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Non-Refoulement Under The European Convention On Human Rights And The Un Convention Against Torture

eBook 10%

ENGLISH

Non-Refoulement Under The European Convention On Human Rights And The Un Convention Against Torture - The Assessment Of Individual Complaints By The European Court Of Human Rights Under Article 3 Echr And The United Nations Committee Against Torture Un

by Fanny De Weck

324,63€ + 10% CARD

 This volume offers a comprehensive analysis and comparison of the case law and practice of the European Court of Human Rights and the United Nations Committee against Torture in individual cases concerning the principle of non-refoulement. It covers both procedural and material aspects relevant in expulsion and extradition cases submitted by individuals under Article 3 of the European Convention on Human Rights (ECHR) or Article 3 of the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).The book is a particularly helpful tool for asylum lawyers, human rights advocates, and other practitioners. It is also a reference work of significant value to scholars interested in non-refoulement under both conventions and in the context of human rights or refugee law in general.
ENGLISH

Temporary Protection In Law And Practice

by Meltem Ineli-Ciger

272,95€ + 10% CARD

 Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection's legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.
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'Boat Refugees' And Migrants At Sea: A Comprehensive Approach - Integrating Maritime Security With Human Rights

310,05€ + 10% CARD

 This book aims to address 'boat migration' with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of 'migrants at sea' thoroughly.
ENGLISH

Humans On The Move - Integrating An Adaptive Approach With A Rights-Based Approach To Climate Change Mobility

by Grant Dawson e Rachel Laut

288,85€ + 10% CARD

 As global climate change continues to alter the environment, humans are moving. In this context, human mobility can be an empowered adaptation strategy or an unwelcome necessity for survival with a high cost. Existing legal frameworks provide only a patchwork of protection for some climate change mobility scenarios. In Humans on the Move, Grant Dawson and Rachel Laut investigate the development of an adaptive approach to climate change mobility and explore how transformational adaptation strategies can-and must-be integrated with a rights-based approach.
ENGLISH

Terrorism And Asylum

341,85€ + 10% CARD

 Terrorism and Asylum, edited by James C. Simeon, explores terrorism and asylum in all its interrelated and variable aspects, and permutations. The critical role terrorism plays as a driver in forced displacement, within the context of protracted armed conflict and extreme political violence, is analyzed. Exclusion from refugee protection for the alleged commission of terrorist activities is thoroughly interrogated. Populist politicians' blatant use of the "fear of terrorism" to further their public policy security agenda and to limit access to refugee protection is scrutinized. The principal issues and concerns regarding terrorism and asylum and how these might be addressed, in the public interest while, at the same time, protecting and advancing the human rights and dignity of everyone are offered. See inside the book.
ENGLISH

Seeking Asylum In The European Union - Selected Protection Issues Raised By The Second Phase Of The Common European Asylum System

300,78€ + 10% CARD

 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 Helene Lambert.
ENGLISH

Human Rights And The Refugee Definition - Comparative Legal Practice And Theory

345,83€ + 10% CARD

 Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.
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Exploring The Boundaries Of Refugee Law - Current Protection Challenges

300,78€ + 10% CARD

 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.
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Refuge From Inhumanity? War Refugees And International Humanitarian Law

376,30€ + 10% CARD

 This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country - 'war refugees' - are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.
ENGLISH

Protecting Civilians In Refugee Camps - Unable And Unwilling States, Unhcr And International Responsibility

by Maja Janmyr

300,78€ + 10% CARD

 Rather than serving as civilian and humanitarian safe havens, refugee camps are notorious for their insecurity. Due to the host state's inability or unwillingness to provide protection, camps are often administered by the United Nations High Commissioner for Refugees (UNHCR) and its implementing partners. When a violation occurs in these situations, to which actors shall responsibility be allocated? Through an analysis of the International Law Commission's work on international responsibility, Maja Janmyr argues that the 'primary' responsibility of states does not exclude the responsibilities of other actors. Using the example of Uganda, Janmyr questions the general assumption that 'unable and unwilling' is the same as 'unable or unwilling', and argues for the necessity of distinguishing between these two scenarios. Doing so leads to different conclusions in terms of responsibility for the state, and therefore for UNHCR and its implementing partners.
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New Asylum And Transit Countries In Europe During And In The Aftermath Of The 2015/2016 Crisis

eBook 10%

ENGLISH

New Asylum And Transit Countries In Europe During And In The Aftermath Of The 2015/2016 Crisis

410,75€ + 10% CARD

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