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Author: Sarah Deardorff Miller Publisher: Routledge ISBN: 1315456796 Category : Political Science Languages : en Pages : 171
Book Description
International organizations (IOs) that focus on refugees are finding themselves spread increasingly thin. As the scale of displacement reaches historic levels—protracted refugee situations now average 26 years—organizations are staying for years on end, often working well beyond their original mandates. In some cases, IOs may even act as a substitute for the state. This book considers the conditions under which surrogacy occurs and what it means for the organization’s influence on the state. It looks specifically at the United Nations High Commissioner for Refugees (UNHCR) as a surrogate state in protracted refugee situations in Kenya, Tanzania, and Uganda. Drawing on international relations literature and empirical studies of UNHCR, Miller asks how and when UNHCR takes on surrogacy, and what effect this has on its ability to influence how a host state treats refugees. The book develops a framework for understanding IOs at the domestic level and presents a counterintuitive finding: IO surrogacy actually leads to less influence on the state. In other words, where UNHCR behaves like a state, it is less able to influence a host state’s refugee policies. UNHCR provides an excellent example of an IO working on multiple levels, making this book of great interest to practitioners and policymakers working on refugee-related issues, and scholars of forced migration, international relations, international organizations, and UNHCR.
Author: Sarah Deardorff Miller Publisher: Routledge ISBN: 1315456796 Category : Political Science Languages : en Pages : 171
Book Description
International organizations (IOs) that focus on refugees are finding themselves spread increasingly thin. As the scale of displacement reaches historic levels—protracted refugee situations now average 26 years—organizations are staying for years on end, often working well beyond their original mandates. In some cases, IOs may even act as a substitute for the state. This book considers the conditions under which surrogacy occurs and what it means for the organization’s influence on the state. It looks specifically at the United Nations High Commissioner for Refugees (UNHCR) as a surrogate state in protracted refugee situations in Kenya, Tanzania, and Uganda. Drawing on international relations literature and empirical studies of UNHCR, Miller asks how and when UNHCR takes on surrogacy, and what effect this has on its ability to influence how a host state treats refugees. The book develops a framework for understanding IOs at the domestic level and presents a counterintuitive finding: IO surrogacy actually leads to less influence on the state. In other words, where UNHCR behaves like a state, it is less able to influence a host state’s refugee policies. UNHCR provides an excellent example of an IO working on multiple levels, making this book of great interest to practitioners and policymakers working on refugee-related issues, and scholars of forced migration, international relations, international organizations, and UNHCR.
Author: T. Alexander Aleinikoff Publisher: Stanford University Press ISBN: 1503611426 Category : Political Science Languages : en Pages : 129
Book Description
The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
Author: Angus Francis Publisher: Routledge ISBN: 1317074262 Category : Political Science Languages : en Pages : 267
Book Description
The chapters in this book explore the impact of recent shifts in global and regional power and the subsequent development and enforcement of international refugee protection standards in the Asia Pacific region. Drawing on their expertise across a number of jurisdictions, the contributors assess the challenges confronting the implementation of international law in the region, as well as new opportunities for extending protection norms into national and regional dialogues. The case studies span key jurisdictions across the region and include a comparative analysis with China, Indonesia, Thailand, Myanmar, Malaysia, Bangladesh and Australia. This topical and important book raises critical questions for the Asia Pacific region and sheds light on the challenges confronting the protection of refugees and displaced persons in this area. Interdisciplinary in its approach, it will be of interest to academics, researchers, students and policy-makers concerned with the rights and protection of refugees.
Author: Julian Lehmann Publisher: BRILL ISBN: 9004430393 Category : Law Languages : en Pages : 304
Book Description
Asylum law in the European Union is ripe with caveats that allow for rejecting asylum applications due to ‘protection’ received in the home country or another location. Yet, when is ‘protection’ strong enough to make denying an application lawful?
Author: Cathryn Costello Publisher: Oxford University Press ISBN: 0192588338 Category : Law Languages : en Pages : 1337
Book Description
The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law.
Author: Susan Kneebone Publisher: Routledge ISBN: 1135046913 Category : Law Languages : en Pages : 338
Book Description
Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?
Author: Jessica Schultz Publisher: BRILL ISBN: 9004361960 Category : Law Languages : en Pages : 443
Book Description
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.
Author: Susan Harris Rimmer Publisher: Edward Elgar Publishing ISBN: 1785363921 Category : Feminism Languages : en Pages : 587
Book Description
For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.
Author: Publisher: Oxford University Press ISBN: 0192667203 Category : Law Languages : en Pages : 2697
Book Description
The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
Author: Sarah Deardorff Miller
Author: Sarah Deardorff Miller
Author: Gil Loescher
Author: T. Alexander Aleinikoff
Author: Angus Francis
Author: Julian Lehmann
Author: Cathryn Costello
Author: Susan Kneebone
Author: Jessica Schultz
Author: Susan Harris Rimmer
Author: