Suchergebnisse

The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the refugee definition set by the UN's 1951 Refugee Convention. Its groundbreaking analysis served as the bedrock for not only much judicial reasoning, but also for a burgeoning academic literature in law and related fields. This second edition builds on the strong critical focus and human rights orientation of the first edition, but undertakes an entirely original analysis of the jurisprudence of leading common law and select civil law states. The authors provide robust responses to the most difficult questions of refugee status in a clear and direct way. The result is a comprehensive and truly global analysis of the central question in asylum law: who is a refugee?

Acknowledgment -- Abbreviations and Acronyms -- Table of Cases -- Table of Legislation -- I Introduction -- II A Disability-Sensitive Interpretation of the Refugee Definition -- A Introduction -- B The Nature of the Refugee Definition and Its Interpretation -- 1 The Flexibility of the Refugee Definition -- 2 Competent Authorities for the Interpretation of the Refugee Convention -- 3 Static and Evolutionary Approach to Interpretation -- C Interpretation of the Refugee Definition According to the VCLT -- 1 Applicability of the VCLT (Art. 4 VCLT) -- 2 One Rule of Interpretation and Good Faith (Art. 31(1) VCLT) -- 3 Ordinary Meaning (Art. 31(1) VCLT) -- 4 Context (Art. 31(1) VCLT) -- 5 Object and Purpose (Art. 31(1) VCLT) -- 6 Contemporaneous Context (Art. 31(2) VCLT) -- 7 Subsequent Agreement (Art. 31(3)(a) VCLT) -- 8 Subsequent Practice (Art. 31(3)(b) VCLT) -- 9 Relevant Rules of International Law Applicable between the Parties (Art. 31(3)(c) VCLT) -- 10emsp; Supplementary Means of Interpretation (Art. 32 VCLT) -- 11emsp; Treaty Authenticated in Two or More Languages (Art. 33 VCLT) -- 12emsp; Conclusion -- D An Evolutionary and Human Rights Approach to the Refugee Definition -- 1 An Evolutionary Interpretation of the Refugee Convention -- 2 The Human Rights Approach to the Refugee Definition -- 3 The Relevance of the CRPD under the Human Rights Approach -- III 'Being Persecuted': Serious Harm -- A Introduction -- B Disability-Specific Forms of Serious Harm -- 1 Introduction -- 2 Extrajudicial Killings and Ritual Murders -- 3 Forced Institutionalisation and Forced Treatment -- 4 Threats to the Physical and Moral Integrity and Security -- 5 Denial of Medical Treatment and Health Care -- 6 Denial of Work, an Adequate Standard of Living and Accessibility -- 7 Denial of Inclusive Education -- 8 Situations of War -- 9 Denial of Legal Capacity -- 10 Conclusion -- C Disability-Specific Approach to Serious Harm in light of the VCLT -- 1 Introduction -- 2 Interpretation According to Art. 31 VCLT and Art. 32 VCLT (Drafting History) -- 3 The Relevance of Human Rights to Persecution: Different Theories of the Human Rights Approach -- 4 Interpretation According to Art. 32 VCLT (unhcr Practice and State Practice) -- 5 Interpretation According to Art. 32 VCLT (International Human Rights Standards) -- 5.1 Introduction -- 5.2 Extrajudicial Killings and Ritual Murders -- 5.3 Forced Institutionalisation and Forced Treatment -- 5.4 Threats to the Physical and Moral Integrity and Security -- 5.5 Right to Health Care and Medical Treatment -- 5.6 Right to Work and to an Adequate Standard of Living and Accessibility -- 5.7 Right to Inclusive Education and Children's Rights -- 5.8 Situations of War -- 5.9 Denials of Legal Capacity -- 6 Conclusion -- D Conclusion on Serious Harm -- IV Failure of State Protection -- A Introduction -- B The Level of State Protection -- 1 Introduction -- 2 The Level of State Protection in Cases with Disabilities -- 3 The Level of State Protection and a Disability-Specific Approach -- 3.1 Introduction -- 3.2 Interpretation According to Arts. 31 and 32 VCLT (Drafting History) -- 3.3 Interpretation According to Art. 32 VCLT (unhcr Practice and State Practice) -- 3.4 Interpretation According to Art. 32 VCLT (International Human Rights Law) -- 3.5 Conclusion on Disability-Specific Interpretation -- 4 Conclusion on Sufficiency of State Protection -- C Internal Protection Alternative -- 1 Introduction -- 2 Reasonableness of an Internal Protection Alternative for Persons with Disabilities -- 3 Conclusion on Internal Protection Alternative -- D Conclusion on the Level of State Protection -- V Causal Nexus - 'for Reasons of' -- A Introduction -- B Causal Nexus and Persecutory Intent -- 1 Introduction -- 2 Persecutory Intent Approach in Cases with Disabilities -- 3 Persecutory Intent and a Disability-Specific Approach -- 4 Conclusion on Persecutory Intent -- C Causal Nexus, Persecutory Effect and Omissions -- 1 Introduction -- 2 The Bifurcated Approach -- 3 Inability to Fulfil, Omissions and Discriminatory Effect in Cases of Persons with Disabilities -- 4 Inability to Fulfil, Omissions, Discriminatory Effect and a Disability-Specific Approach -- 5 Conclusion on Omissions and Discriminatory Effect -- D Mixed Causes -- 1 Introduction -- 2 Mixed Causes in Cases of Persons with Disabilities -- 3 Mixed Causes and a Disability-Specific Approach -- 4 Conclusion on Mixed Causes -- E Conclusion on Causal Link -- VI Convention Ground 'Particular Social Group' -- A Introduction -- B Persons with Disabilities and Membership of a 'Particular Social Group' -- 1 Introduction -- 2 'Particular Social Group' in Cases with Disabilities -- 3 'Particular Social Group' and a Disability-Specific Approach -- C Conclusion on Persons with Disabilities as a 'Particular Social Group' -- VII Conclusion -- A Summary -- B Outlook -- Bibliography -- Index.

The Legal Status and Perspectives of Ethnic Minorities in European States explores the new definition of the nation-state in the context of an internally conflicted European society through a concept of ethnic law as the right of ethnic minorities, creating their legal and ethnic identity.

Cover -- Contents -- Acknowledgments -- Author's Note -- Kings of the Chosŏn Dynasty -- Introduction -- ONE: The Confucian State, Law, and Emotions -- TWO: Gender, Writing, and Legal Performance -- THREE: Women's Grievances and Their Gendered Narrative of Wŏn -- FOUR: Seeking Vindication or Begging Pardon on Behalf of the Living -- FIVE: In Search of Justice on Behalf of the Dead -- Conclusion -- Notes -- Glossary -- A -- C -- G -- H -- I -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- W -- Y -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y.

Now in its third edition, Alaska Natives and American Laws is still the only work of its kind, canvassing federal law and its history as applied to the indigenous peoples of Alaska. Covering 1867 through 2011, the authors offer lucid explanations of the often-tangled history of policy and law as applied to Alaska's first peoples. Divided conceptually into four broad themes of indigenous rights to land, subsistence, services, and sovereignty, the book offers a thorough and balanced analysis of the evolution of these rights in the forty-ninth state.This third edition brings the volume fu

Disputes over Native American gambling, economic development, land and treaty rights, and civil and criminal jurisdiction all come down to sovereignty. This text is a survey of Native American tribal law and its place within the framework of the US Constitution, from colonial times to today

This text describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples from colonial foundation to the end of the 20th century

Cover -- Contents -- List of Abbreviations -- Glossary -- Acknowledgements -- Introduction -- 1 Legal Pluralism -- 2 Kurds in Turkey: The Historical Background -- 3 Kurds in the UK: Settlements and Processing of their Needs -- 4 Marriage, Rituals and Conflicts in Kurdish Society -- 5 Business and Criminal Disputes and their Customary Solutions -- Concluding Thoughts -- Bibliography -- Index.

1. Legal practice and cultural diversity : introduction / Roger Ballard. [and others] -- 2. Cultural diversity : challenge and accommodation / Roger Ballard. [and others] -- 3. Indian secular pluralism and its relevance for Europe / Werner Menski -- 4. Legal pluralism and differentiated morality : sharia in Ontario? / Veit Bader -- 5. Transforming to accommodate? : reflections on the sharia debate in Britain / Prakash Shah -- 6. Sharia in a European context / Mathias Rohe -- 7. Objection, your honour! accommodating niqab-wearing women in courtrooms / Natasha Bakht -- 8. The challenge of African customary laws to English legal culture / Gordon Woodman -- 9. Religious challenges to the secularized identity of an insecure polity : a tentative sociology of Québec's 'reasonable accommodation' debate / Jean-François Gaudreault-DesBiens -- 10. Does the Dutch judiciary pluralize domestic law? / ANDRÉ J. HOEkEmA-- 11. The influence of culture on the determination of damages : how cultural relativism affects the analysis of trauma / Alison Renteln -- 12. Jews and Muslims in France : changing responses to cultural and religious diversity claims / Martine Cohen -- 13. L'affaire du foulard in the shadow of the Strasbourg Court : Article 9 and the public career of the veil in France / Claire de Galembert -- 14. The changing position of religious minorities in English law : the legacy of Begum / Russell Sandberg -- 15. Approaches to diversity in the domestic courts : Article 9 of the European Convention on Human Rights / Samantha Knights -- 16. Human rights in contexts of ethnic plurality : always a vehicle for liberation? / Roger Ballard.

Article 12 of the UN Convention on the Rights of Persons with Disabilities recognises the equal right to exercise legal capacity without discrimination based on disability, and obliges state parties to ensure access to the support a person may require in exercising it. Since its adoption, there has been a growing body of work by the UN Committee on the Rights of Persons with Disabilities, domestic and human rights courts, legal and policy researchers and civil society activists critically examining laws which restrict or remove the exercise of legal capacity based on disability. Traditionally, this work has focused on constitutional and legal standards regulating the exercise of legal capacity - guardianship or substitute decision making laws and mental health laws. However, reforming legal capacity seems to be an all-encompassing enterprise, which requires deeper attention to be paid to its historical, social and legal foundations, as well as the wide array of institutions that it permeates and their internal coherence. Legal Capacity, Disability and Human Rights comprises chapters by key legal scholars and practitioners in the field of legal capacity, disability and human rights from the Americas, Europe, Asia, Oceania and Africa. The book aims to achieve three main goals to address the aforementioned issues.

Cover -- Half Title -- Title -- Copyright -- Contents -- Table of cases -- Table of legislation -- Acknowledgments -- Abbreviations -- Using this book -- Legal skills guide: accessing and understanding the law -- 1 SOCIAL WORKERS IN THE ENGLISH LEGAL SYSTEM -- Social workers in the English legal system -- Europe and the European Convention on Human Rights -- An example of how legislation can arise -- Avoiding court and alternative dispute resolution in civil and family cases -- Family justice reform -- Coroner's Court -- Overlap -- Who are the judges? -- What is evidence? -- Some of the courts and tribunals that you might appear in -- Further reading -- 2 RECORD-KEEPING AND HANDLING PERSONAL INFORMATION -- How records can make or break a case -- What the Climbié, Soham and other inquiries can teach us about record-keeping and information-sharing -- Legal requirements when handling personal data -- Official guidance for practitioners and managers -- Seven golden rules for information-sharing -- Keeping data safe -- Handling requests for information -- What opposing lawyers look for -- Further reading -- 3 PRODUCING WRITTEN EVIDENCE -- Key principles for written evidence for criminal, civil and Family Courts -- To whom, by when and for what purpose? -- Your voice, your words -- Sticking to the facts, as recorded -- Stick to what you know and don't stray beyond that -- How to set out your statement -- Children Act applications and the Public Law Outline 2014: Practice Direction 12A -- Key lessons for social workers providing evidence for care proceedings -- Recommendations checklist -- Further reading -- 4 BEING A WITNESS -- What witnesses say about being a witness -- The process of giving evidence -- What courts and judges say -- What's really going on: cross-examination tactics and techniques -- Witness preparation: doing it properly.