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Author: Martin Nimbom Publisher: GRIN Verlag ISBN: 3389007059 Category : Law Languages : en Pages : 24
Book Description
Essay from the year 2024 in the subject Law - Public Law / Constitutional Law / Basic Rights, , language: English, abstract: The global refugee crisis has presented a formidable challenge to the traditional understanding of state sovereignty and the control of national borders. While sovereignty affords States the right to control their borders and protect their nationals, States also have a humanitarian obligation to respect the human rights and dignity of refugees, who are often people fleeing from persecution, violence and abject poverty. This research explores the complex interplay between state sovereignty and humanitarian obligations in the context of refugee protection, by exploring the legal, ethical, and political dimensions of the issue. It argues that sovereignty should not be seen as an absolute or fixed concept, but rather as a dynamic and relational one, that is shaped by the changing realities and norms of the international community. By balancing sovereignty with the humanitarian obligation to protect refugees, this research also proposes a balanced approach that respects the rights of sovereign states while addressing the urgent needs of refugees. The research concludes that the legal framework which governs refugees, continues to be characterized on the one hand, by, the principles of state sovereignty and related territorial supremacy, self-defense, and self-preservation; and on the other hand by competing humanitarian principles, derived from general international law (including the purposes and principles of the United Nations) and treaty law.
Author: Martin Nimbom Publisher: GRIN Verlag ISBN: 3389007059 Category : Law Languages : en Pages : 24
Book Description
Essay from the year 2024 in the subject Law - Public Law / Constitutional Law / Basic Rights, , language: English, abstract: The global refugee crisis has presented a formidable challenge to the traditional understanding of state sovereignty and the control of national borders. While sovereignty affords States the right to control their borders and protect their nationals, States also have a humanitarian obligation to respect the human rights and dignity of refugees, who are often people fleeing from persecution, violence and abject poverty. This research explores the complex interplay between state sovereignty and humanitarian obligations in the context of refugee protection, by exploring the legal, ethical, and political dimensions of the issue. It argues that sovereignty should not be seen as an absolute or fixed concept, but rather as a dynamic and relational one, that is shaped by the changing realities and norms of the international community. By balancing sovereignty with the humanitarian obligation to protect refugees, this research also proposes a balanced approach that respects the rights of sovereign states while addressing the urgent needs of refugees. The research concludes that the legal framework which governs refugees, continues to be characterized on the one hand, by, the principles of state sovereignty and related territorial supremacy, self-defense, and self-preservation; and on the other hand by competing humanitarian principles, derived from general international law (including the purposes and principles of the United Nations) and treaty law.
Author: Vera Gowlland-Debbas Publisher: BRILL ISBN: 9004636811 Category : Law Languages : en Pages : 205
Book Description
The contributions collected in the present book go beyond refugee law in its traditional sense - largely centred on questions of durable asylum and the plight of only a small tranche of the asylum-seeking population - in situating refugee law within the broader international legal system. The refugee problem is thus seen as a prism through which a host of exploding issues confront traditional international law and international relations: creation and dissolution of states, state responsibility, human rights, international jurisdiction and the United Nations mandate. These theoretical problems and their legal incidence on the refugee condition are debated against the background of UNHCR field operations in Former Yugoslavia, Africa and Eastern Europe. The contributions were originally presented at a Colloquium held in May 1994, organised by the Graduate Institute of International Studies in collaboration with the Office of the United Nations High Commissioner for Refugees. Refugee law experts, members of the UN International Law Commission and practitioners were brought together in a dialogue between scholars and practitioners on a major and exponentially growing international problem.
Author: Brian Opeskin Publisher: Cambridge University Press ISBN: 1139576852 Category : Law Languages : en Pages : 495
Book Description
International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.
Author: International Commission on Intervention and State Sovereignty Publisher: IDRC ISBN: 9780889369634 Category : Law Languages : en Pages : 432
Book Description
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
Author: Ryszard Cholewinski Publisher: T.M.C. Asser Press ISBN: 9789067049467 Category : Law Languages : en Pages : 0
Book Description
FOREWORD The International Organization for Migration (IOM) is dedicated to promoting humane and orderly migration worldwide by serving the policy and programme needs of governments and migrants. The challenges of migration management reflect the contemporary challenges posed by migration itself, many of which can be turned into opportunities that can benefit countries of origin, countries of d- tination and migrants themselves. To be effectively managed, migration has to be looked at comprehensively, taking into account its economic, social, humanit- ian, demographic, development, security and normative aspects. The normative approach to migration can be viewed mainly from two dif ferent, but complementary angles. Firstly, there are the principles and standards deriving from State sovereignty, among which are the right to protect borders, to confer nationality, to admit and expel foreigners, to combat trafficking and smuggling and to safeguard national security. Secondly, there are the human rights of the persons involved in migration. These two elements constitute the main pillars of what is generally known and accepted today as ‘international migration law’.
Author: Cathryn Costello Publisher: Oxford University Press ISBN: 0198848633 Category : Law Languages : en Pages : 1337
Book Description
This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
Author: Jack Donnelly Publisher: Westview Press ISBN: 0813345022 Category : Political Science Languages : en Pages : 264
Book Description
International Human Rights examines the ways in which states and other international actors have addressed human rights since the end of World War II. This unique textbook features substantial attention to theory, history, international and regional institutions, and the role of transnational actors in the protection and promotion of human rights. Its purpose is to explore the difficult and contentious politics of human rights, and how those political dimensions have been addressed at the national, regional, and especially international levels. The fifth edition is substantially updated, rewritten, and revised throughout, including updates on multilateral institutions (especially the UN's Universal Periodic Review process and the Human Rights Council's Special Procedures mechanisms), regional systems, human rights in foreign policy (including a specific chapter on U.S. foreign policy), humanitarian intervention and the "responsibility to protect," and (anti)terrorism and human rights. The book also includes a new chapter on the unity (indivisibility) of human rights. Chapters include discussion questions, case studies for in-depth examination of topics (including new case studies on the U.N. Special Procedures, Myanmar, and Israeli settlements in West-Bank Palestine), and ten "problems" (including new entries on the war in Syria and hierarchies between human rights) tailored to promote classroom discussion.
Author: Francis M. Deng Publisher: Rowman & Littlefield ISBN: 9780815719731 Category : Political Science Languages : en Pages : 300
Book Description
The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies. In internal conflicts in Africa, sovereign states have often failed to take responsibility for their own citizens' welfare and for the humanitarian consequences of conflict, leaving the victims with no assistance. This book shows how that responsibility can be exercised by states over their own population, and by other states in assistance to their fellow sovereigns. Sovereignty as Responsibility presents a framework that should guide both national governments and the international community in discharging their respective responsibilities. Broad principles are developed by examining identity as a potential source of conflict, governance as a matter of managing conflict, and economics as a policy field for deterring conflict. Considering conflict management, political stability, economic development, and social welfare as functions of governance, the authors develop strategies, guidelines, and roles for its responsible exercise. Some African governments, such as South Africa in the 1990s and Ghana since 1980, have demonstrated impressive gains against these standards, while others, such as Rwanda, Somalia, Liberia, Nigeria, and Sudan, have failed. Opportunities for making sovereignty more responsible and improving the management of conflicts are examined at the regional and international levels. The lessons from the mixed successes of regional conflict management actions, such as the West African intervention in Liberia, the East African mediation in Sudan, and international efforts to urge talks to end the conflict in Angola, indicate friends and neighbors outside the state in conflict have important roles to play in increasing sovereign responsibility. Approaching conflict management from the perspective of the responsibilities of sovereignt
Author: Piotr Szwedo Publisher: BRILL ISBN: 9004382895 Category : Law Languages : en Pages : 402
Book Description
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.
Author: Martin Geiger Publisher: Springer Nature ISBN: 3030329763 Category : Political Science Languages : en Pages : 326
Book Description
In 2016, the International Organization for Migration (IOM) became part of the United Nations. With 173 member states and more than 400 field offices, the IOM—the new ‘UN migration agency’—plays a key role in migration governance. The contributors in this volume provide an in-depth and comprehensive insight into the IOM, its transformation, current structure and projects, as well as its capacity, self-understanding and political agenda.