The Development of International Refugee Protection through the Practice of the UN Security Council PDF Download

Author: Christiane Ahlborn
Publisher: Graduate Institute Publications
ISBN: 2940415315
Category : Political Science
Languages : en
Pages : 103

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Book Description
This paper examines the ambivalent influence of the UN Security Council’s practice on the development of international refugee protection since the early 1990s. While the international refugee protection regime did not originally foresee a role for the Security Council, the increasingly complex security challenges in the post-Cold War era have led to its de facto inclusion in the institutional framework of protection. After having used its wide discretionary powers under the UN Charter to link refugee flows with its primary responsibility for the maintenance of international peace and security, the Security Council thus began to strengthen different aspects of international refugee protection. Mariano Garcia Rubio Prize 2009 for the best Master’s Thesis in International Law. A revised version of Part 3 of this ePaper was published as C. Ahlborn, ‘The Normative Erosion of International Refugee Protection through UN Security Council Practice’, (2011) 24 Leiden Journal of International Law, pp 1009-1027. The views reflected in this paper are personal and do not necessarily reflect those of the Graduate Institute of International and Development Studies.

Author: Alexander Betts
Publisher: Routledge
ISBN: 113414122X
Category : Philosophy
Languages : en
Pages : 180

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Book Description
This is a concise and comprehensive introduction to both the world of refugees and the UN organization that protects and assists them. Written by experts in the field, this is one of the very few books that trace the relationship between state interests, global politics, and the work of the United Nations High Commissioner for Refugees’ (UNHCR). Looking ahead into the twenty-first century, the authors outline how the changing nature of conflict and displacement poses UNHCR with a new array of challenges and how there exists a fundamental tension between the UN’s human rights agenda of protecting refugees fleeing conflict and persecution and the security, political and economic interests of states around the world. Key topics discussed include: The UNHCR as an actor in world politics since 1950 Refugee definition and protection instruments New challenges to the UNHCR's mandate Institutional strengths and weaknesses Asylum crises in the global North and global South Protracted refugee situations and internally displaced persons Key criticisms and continuing relevance of the UNHCR.

Author: Rossana Deplano
Publisher: Springer
ISBN: 3319212818
Category : Law
Languages : en
Pages : 82

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Book Description
The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council’s behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The analysis is divided into three periods – the origins and Cold War period, post-Cold War period and the twenty-first century – and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council’s resolutions do not contribute significantly to the development of international law.

Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
ISBN: 0199281300
Category : Art
Languages : en
Pages : 847

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Book Description
Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.

Author: Alexander Betts
Publisher: Routledge
ISBN: 1136509089
Category : Philosophy
Languages : en
Pages : 227

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Book Description
This revised and expanded second edition of The United Nations High Commissioner for Refugees (UNHCR) continues to offer a concise and comprehensive introduction to both the world of refugees and the organizations that protect and assist them. This updated edition also includes: up to date coverage of the UNHCR’s most recent history and policy developments evaluation of new thinking on issues such as working in UN integrated operations and within the UN peacebuilding commission assessment of the UNHCR’s record of working for IDP’s (internally displaced persons) discussion of the politics of protection and its implications for the work of the UNHCR outline of the new challenges for the agency including environmental refugees, victims of natural disasters and survival migrants. Written by experts in the field, this is one of the very few books to trace the relationship between state interests, global politics, and the work of the UNHCR. This book will appeal to students, scholars, practitioners, and readers with an interest in international relations.

Author: Pirkko Kourula
Publisher: BRILL
ISBN: 900463651X
Category : Law
Languages : en
Pages : 425

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Book Description
This ground-breaking volume brings the refugee issue out of the narrow confines of refugee law into the centre of international law and international relations. It reviews the concept of the refugee and the international protection of refugees from the unconventional angle of the prospects and limitations of multilateralism in the post Cold War era. This approach - taking conflict prevention and resolution as its point of departure - ensures that Broadening the Edges: Refugee Definition and International Protection Revisited is not only novel, but comprehensive and practical as well. It is comprehensive because it offers a review of state practice within the United Nations and regional contexts, as well as a review of the practice of the United Nations inter-agency system. It is practical because it is based on the personal experience of its author, not on theoretical models. The broadening concept of security, affecting the attitudes of states towards refugees, is the underlying theme of the book. As a result, the contemporary preoccupation with how best to provide international protection to all those in need of it is reviewed from a number of relevant perspectives - including that of peacekeeping, sanctions, and coordination and competence within the United Nations. Pirkko Kourula worked for some twelve years in UNHCR in Asia, Europe and the USA, and was Deputy Director of UNHCR Liaison Office at United Nations Headquarters in New York from 1991 to 1996. She was also Director for Humanitarian Assistance and Food Aid at FINNIDA, the Finnish International Development Agency, Ministry of Foreign Affairs.

Author: Anne Hammerstad
Publisher: Oxford University Press, USA
ISBN: 0199213089
Category : Law
Languages : en
Pages : 369

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Book Description
The Rise and Decline of a Global Security Actor investigates the rise of the UNHCR as a global security actor and follows the refugee agency through some of the past two decades' major conflict-induced humanitarian emergencies, including Afghanistan, Bosnia, Iraq, Kosovo, and Zaire/Congo.

Author: Vaughan Lowe
Publisher: OUP Oxford
ISBN: 0191538582
Category : Political Science
Languages : en
Pages : 817

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Book Description
This is the first major exploration of the United Nations Security Council's part in addressing the problem of war, both civil and international, since 1945. Both during and after the Cold War the Council has acted in a limited and selective manner, and its work has sometimes resulted in failure. It has not been - and was never equipped to be - the centre of a comprehensive system of collective security. However, it remains the body charged with primary responsibility for international peace and security. It offers unique opportunities for international consultation and military collaboration, and for developing legal and normative frameworks. It has played a part in the reduction in the incidence of international war in the period since 1945. This study examines the extent to which the work of the UN Security Council, as it has evolved, has or has not replaced older systems of power politics and practices regarding the use of force. Its starting point is the failure to implement the UN Charter scheme of having combat forces under direct UN command. Instead, the Council has advanced the use of international peacekeeping forces; it has authorized coalitions of states to take military action; and it has developed some unanticipated roles such as the establishment of post-conflict transitional administrations, international criminal tribunals, and anti-terrorism committees. The book, bringing together distinguished scholars and practitioners, draws on the methods of the lawyer, the historian, the student of international relations, and the practitioner. It begins with an introductory overview of the Council's evolving roles and responsibilities. It then discusses specific thematic issues, and through a wide range of case studies examines the scope and limitations of the Council's involvement in war. It offers frank accounts of how belligerents viewed the UN, and how the Council acted and sometimes failed to act. The appendices provide comprehensive information - much of it not previously brought together in this form - of the extraordinary range of the Council's activities. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

Author: Maja Janmyr
Publisher: Martinus Nijhoff Publishers
ISBN: 9004256989
Category : Law
Languages : en
Pages : 412

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Book Description
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.

Author: Hne Lambert
Publisher: Routledge
ISBN: 1351562215
Category : History
Languages : en
Pages : 554

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Book Description
The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.