This study explores the consequences of the theory of necessity for the interpretation of key concepts of refugee law and concludes that a generous refugee practice can be conceived and logically justified even if a restrictive immigration policy is a political reality
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The word 'refugee' is both evocative and contested; it means different things to different people. For lawyers, the main legal reference point is the UN Refugee Convention of 1951. This concise and engaging book follows the structure of the Convention to explore international refugee law. Including an introduction to the historical and legal context, Colin Yeo draws on his experience as an immigration barrister to explain the present-day legal framework for global refugee protection. Chapters consider: • well-founded fear; • persecution; • the loss of refugee status and exclusion; • the rights of refugees; • and state responses to refugee claims. The book includes studies of key legal cases, reviews the successes and failures of the Convention and looks ahead to the future, including the impact of climate change and the Global Compact on Refugees. Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists
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"African Refugees is a comprehensive overview of the context, causes, and consequences of refugee's lives, discussing issues, policies, and solutions for African refugees around the world. It covers overarching topics such as human rights, policy frameworks, refugee protection, and durable solutions, as well as less-studied topics such as refugee youths, refugee camps, LGBTQ refugees, urban refugees, and refugee women. It also takes on rare but emergent topics such as citizenship and the creativity of African refugees. Toyin Falola and Olajumoke Yacob-Haliso showcase the voices and experiences of individual refugees through the sweep of history to tell the African refugee story from the long ago past through current developments, covering the full range of experience from the causes of flight to living in exile, all while maintaining a persistent focus on the complicated search for solutions. African Refugees recognizes African agency and contributions in pursuit of solutions for African refugees over time but avoids the pitfalls of the colonial gaze-where refugees are perpetually pathologized and Africa is always the sole cause of its own problems-seeking to complicate these narratives by recognizing African refugee issues within exploitative global, colonial, and neo-colonial systems of power"--
"This book is a concise account of Canadian refugee law, policy, and procedure. It presents refugee law as an independent system, yet one that is open to and influenced by other branches of domestic law, international law, the practices of other jurisdictions, and the general global trends in forced migration. The book examines the historic and contemporary context of refugee law, formal law, and government policy, and the domestic and international principles of refugee protection. The authors seek to provide a solid foundation from which to judge the merits and weaknesses of the existing system allowing the reader to engage with the ongoing debate, both academic and popular, about the Canadian refugee system."--
The twentieth century has seen people displaced on an unprecedented scale and has brought concerns about refugees into sharp focus. There are forty million refugees in the world--1 in 130 inhabitants of this planet. In this first interdisciplinary study of the issue, fifteen scholars from diverse fields focus on the worldwide disruption of "trust" as a sentiment, a concept, and an experience. Contributors provide a rich array of essays that maintain a delicate balance between providing specific details of the refugee experience and exploring corresponding theories of trust and mistrust. Their subjects range widely across the globe, and include Palestinians, Cambodians, Tamils, and Mayan Indians of Guatemala. By examining what individuals experience when removed from their own culture, these essays reflect on individual identity and culture as a whole.
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It is generally accepted by the community that nations have obligations to protect refugees. The origins of the legal and moral obligations towards refugees is beyond the scope of this paper. It suffices to point out that helping refugees is a valance issue. Like promoting peace and cleaning up the environment, helping refugees has primarily advocates. However, there is frequent and at times bitter disagreement as to how one should approach this issue in practice. Among the most disputed issues are (1) hammering out a definition of a 'refugee', (2) determining who defines and implements this definition, (3) halting the flow of refugees, and (4) creating an international regime to effectively deal with refugees. The purpose of this paper is to present and discuss various definitions of what is a refugee as a precondition of both, political analysis and political action. The controversy of defining a refugee is deeply entangled with the sovereignty of individual nations. The paper concludes by offering an alternative perspective for analyzing the current international refugee crisis.
Chosen by The Humanitarian Times as one of the Top Ten Titles on Humanitarian Issues of 1998. At the start of the 1990s, there was great optimism that the end of the Cold War might also mean the end of the "refugee cycle" - both a breaking of the cycle of violence, persecution and flight, and the completion of the cycle for those able to return to their homes. The 1990s, it was hoped, would become the "decade of repatriation." However, although over nine million refugees were repatriated worldwide between 1991 and 1995, there are reasons to believe that it will not necessarily be a durable solution for refugees. It certainly has become clear that "the end of the refugee cycle" has been much more complex, and ultimately more elusive, than expected. The changing constructions and realities of refugee repatriation provide the backdrop for this book which presents new empirical research on examples of refugee repatriation and reconstruction. Apart from providing up-to-date material, it also fills a more fundamental gap in the literature which has tended to be based on pedagogical reasoning rather than actual field research. Adopting a global perspective, this volume draws together conclusions from highly varied experiences of refugee repatriation and defines repatriation and reconstruction as part of a wider and interrelated refugee cycle of displacement, exile and return. The contributions come from authors with a wealth of relevant practical and academic experience, spanning the continents of Africa, Asia, Central America, and Europe. Richard Black is Lecturer in Human Geography at the School of African and Asian Studies, University of Sussex, where he moved in 1995 from King`s College, London. Khalid Koser is Research Fellow in the School of African and Asian Studies, University of Sussex and was previously Research Fellow in the Migration Research Unit at University College, London.
Who are refugees and migrants? -- Children on the move -- Where do they come from? -- Leaving home behind -- How do they travel? -- Where are they going? -- What happens when they arrive? -- Life in refugee camps -- People who help -- Seeking asylum -- A new life -- Talk about your worries -- How you can help -- Find out more.
Introduction to Chinese refugee law -- China's building of a refugee legal system and international cooperation in refugee protection and settlement -- Principles of treatment and legal status of foreigners -- Rights of refugees in China -- Life assistance for refugees in China -- Protection and settlement of returned persecuted overseas Chinese, Indochinese refugees and Laotian refugees -- Protection and settlement of Burmese border residents in large-scale influx situations -- Protection and settlement of urban refugees -- Feasibility of China's refugee legislation -- Relationships that need to be properly addressed in China's refugee legislation -- The experience of building the international refugee legal system and China's refugee legislation -- Conception of a Chinese refugee law -- Regulations on refugees (proposal by scholars) and its explanation.
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