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The international protection regime for refugees and other forced migrants seems increasingly at risk as measures designed to enhance security-of borders, of people, of institutions, and of national identity-encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the international protection regime, with a particular focus on the human rights of those displaced. The book begins by assessing the impact of anti-terrorism laws on refugee status, both at the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers' access to territory and entitlements (both procedural and substantive). It considers the particular needs and rights of children as forced migrants, but also as children; the role of human rights law in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makers in assessing the credibility of evidence; and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law, so as to overcome (or at least diminish) the currently diverse and sometimes conflicting approaches of national courts. The last part of the book examines the status of people who benefit from 'complementary protection'-such as those who cannot be removed from a country because they face a risk of torture or cruel, inhuman or degrading treatment or punishment-and the scope for the broader concept of the 'responsibility to protect' to address gaps in the international protection regime.
In Blurring Boundaries: Human Security and Forced Migration scholars from law and social sciences offer a fresh view on the major issues of forced migration through the lens of human security. Although much scholarship engages with forced migration and human security independently, they have hardly been weaved together in a comprehensive manner. The contributions cover the issues of refugee law, maritime migration, human smuggling and trafficking and environmental migration. Blurring Boundaries critically engages boundaries produced in the law with the main ideas of human security, thus providing a much-needed novel vocabulary for a critical discourse in forced migration studies.
This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.
Drawing together the work and ideas of a combination of the world's leading and emerging International Relations scholars, Refugees in International Relations considers what ideas from International Relations can offer our understanding of the international politics of forced migration. The insights draw from across the theoretical spectrum of International Relations from realism to critical theory to feminism, covering issues including international cooperation, security, and the international political economy.
The orthodox definition of international security put human displacement and refugees at the periphery. In contrast, this book demonstrates that human displacement can be both a cause and a consequence of conflict within and among societies. As such, the management of refugee movements and the protection of displaced people should be a part of security policy.
Throughout human history people have been driven from their homes by wars, unjust treatment, earthquakes, and hurricanes. The reality of forced migration is not new, nor is awareness of the suffering of the displaced a recent discovery. The United Nations High Commissioner for Refugees estimates that at the end of 2007 there were 67 million persons in the world who had been forcibly displaced from their homes—including more than 16 million people who had to flee across an international border for fear of being persecuted due to race, religion, nationality, social group, or political opinion. Driven from Home advances the discussion on how best to protect and assist the growing number of persons who have been forced from their homes and proposes a human rights framework to guide political and policy responses to forced migration. This thought-provoking volume brings together contributors from several disciplines, including international affairs, law, ethics, economics, and theology, to advocate for better responses to protect the global community’s most vulnerable citizens.
Offprint and the introductory chapter of a monograph to appear under the title : Migration and international legal norms, edited by T. Alexander Aleinikoff and Vincent Chetail, published by T.M.C. Asser Press in early 2003.
Includes statistics.
At first glance, the U.S. decision to escalate the war in Vietnam in the mid-1960s, China's position on North Korea's nuclear program in the late 1990s and early 2000s, and the EU resolution to lift what remained of the arms embargo against Libya in the mid-2000s would appear to share little in common. Yet each of these seemingly unconnected and far-reaching foreign policy decisions resulted at least in part from the exercise of a unique kind of coercion, one predicated on the intentional creation, manipulation, and exploitation of real or threatened mass population movements. In Weapons of Mass Migration, Kelly M. Greenhill offers the first systematic examination of this widely deployed but largely unrecognized instrument of state influence. She shows both how often this unorthodox brand of coercion has been attempted (more than fifty times in the last half century) and how successful it has been (well over half the time). She also tackles the questions of who employs this policy tool, to what ends, and how and why it ever works. Coercers aim to affect target states' behavior by exploiting the existence of competing political interests and groups, Greenhill argues, and by manipulating the costs or risks imposed on target state populations. This "coercion by punishment" strategy can be effected in two ways: the first relies on straightforward threats to overwhelm a target's capacity to accommodate a refugee or migrant influx; the second, on a kind of norms-enhanced political blackmail that exploits the existence of legal and normative commitments to those fleeing violence, persecution, or privation. The theory is further illustrated and tested in a variety of case studies from Europe, East Asia, and North America. To help potential targets better respond to—and protect themselves against—this kind of unconventional predation, Weapons of Mass Migration also offers practicable policy recommendations for scholars, government officials, and anyone concerned about the true victims of this kind of coercion—the displaced themselves.
A multidisciplinary group of scholars examines how the actions of the United States as a global leader are worsening pressures on people worldwide to migrate, while simultaneously degrading migrant rights. Uniting such diverse issues as market reform, drug policy, and terrorism under a common framework of human rights, the book constitutes a call for a new vision on immigration.