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Examination of the worldwide emulation of key norms of European refugee protection through transnational processes and actors.
This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
This book marks a critical contribution to the intercultural dialogue about immigration. Each year, thousands of Central Americans leave their countries and walk across Mexico, seeking to reach the United States. The author explores the dispossession process that drives these migrants from their homes and argues that they are caught in a kind of trap: forced to emigrate, but impeded to immigrate. This trap is discussed empirically through the analysis of immigration policies implemented by the United States government and ethnographic fieldwork carried out in some of “albergues” (shelters).
The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]
This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.
Introduction : a paradigm shift in Latin American immigration and asylum law and policy? / David James Cantor, Luisa Feline Freier and Jean-Pierre Gauci --. - Migration policies and policymaking in Latin America and the Caribbean : lights and shadows in a region in transition / Pablo Ceriani Cernadas and Luisa Feline Freier --. - Beyond smoke and mirrors? : discursive gaps in the liberalisation of South American immigration laws / Luisa Feline Freier and Diego Acosta Arcarazo --. - Mercosur's post-neoliberal approach to migration : from workers' mobility to regional citizenship / Ana Margheritis --. - In transit : migration policy in Colombia / Beatriz Eugenia Sánchez Mojica --. - Trafficking persons within mixed migration flows in Central America / Diana Trimiño Mora --. - The migration of Haitians within Latin America : significance for Brazilian law and policy on asylum and migration / Andrea Pacheco Pacifico, Erika Pires Ramos, Carolina de Abreu Batista Claro and Nara Braga Cavalcante de Farias --. - Refugee protection in Brazil (1921-2014) : an analytical narrative of changing policies / José H. Fischel de Andrade --. - Bucking the trend? : liberalism and illiberalism in Latin American refugee law and policy / David James Cantor.
In 2005, the international community made a landmark commitment to prevent mass atrocities by unanimously adopting the UN’s “Responsibility to Protect” (R2P) principle. As often as not, however, R2P has failed to translate into decisive action. Why does this gap persist between the world’s normative pledges to R2P and its ability to make it a daily lived reality? In this new book, leading global authorities on humanitarian protection Alex Bellamy and Edward Luck offer a probing and in-depth response to this fundamental question, calling for a more comprehensive approach to the practice of R2P – one that moves beyond states and the UN to include the full range of actors that play a role in protecting vulnerable populations. Drawing on cases from the Middle East to sub-Saharan Africa and Southeast Asia, they examine the forces and conditions that produce atrocity crimes and the challenge of responding to them quickly and effectively. Ultimately, they advocate both for emergency policies to temporarily stop carnage and for policies leading to sustainable change within societies and governments. Only by introducing these additional elements to the R2P toolkit will the failures associated with humanitarian crises like Syria and Libya become a thing of the past.
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognized as refugees under the 1951 Convention Relating to the Status of Refugees. They are frequently considered as having fled from generalized violence rather than from persecution. This book determines the international meaning of the refugee definition in Article 1A(2) of the Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights based interpretation of the refugee definition is widely accepted, the interpretation and application of the Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law, and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to the race, religion, nationality, and/or membership of a particular social group or political opinion. (Series: International Law - Vol. 15) [Subject: International Law, Humanitarian Law, Human Rights Law, Criminal Law]