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Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.
(Ii) The UNHCR Statute.
In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.
This 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. 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.
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.
With the arrival in Europe of over a million refugees and asylum seekers in 2015, a sense of panic began to spread within the continent and beyond. What is a Refugee? puts these developments into historical context, injecting much-needed objectivity and nuance into contemporary debates over what is to be done. Refugees have been with us for a long time -- although only after the Great War did refugee movements commence on a large scale -- and are ultimately symptoms of the failure of the system of states to protect all who live within it. Providing a terse user's guide to the complex legal status of refugees, Maley argues that states are now reaping the consequences of years of attempts to block access to asylum through safe and 'legal' means. He shows why many mooted 'solutions' to the 'problem' of refugees -- from military intervention to the warehousing of refugees in camps -- are counterproductive, creating environments ripe for the growth of extremism among people who have been denied all hope. In a globalised world, he concludes, wealthy states have the resources to protect refugees. And, as his historical account shows, courageous individuals have treated refugees in the past with striking humanity. States today could do worse than emulate them.
The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
This timely book offers a unique interdisciplinary inquiry into the prospects of different political narratives on climate migration. It identifies the essential angles on climate migration – the humanitarian narrative, the migration narrative and the climate change narrative – and assesses their prospects. The author contends that although such arguments will influence global governance, they will not necessarily achieve what advocates hope for. He discusses how the weaknesses of the concept of “climate migration” are likely to be utilized in favour of repressive policies against migration or for the defence of industrial nations against perceived threats from the Third World.
A Finalist for the 2019 Kirkus Prize in Nonfiction "Nayeri combines her own experience with those of refugees she meets as an adult, telling their stories with tenderness and reverence.” —The New York Times Book Review "Nayeri weaves her empowering personal story with those of the ‘feared swarms’ . . . Her family’s escape from Isfahan to Oklahoma, which involved waiting in Dubai and Italy, is wildly fascinating . . . Using energetic prose, Nayeri is an excellent conduit for these heart–rending stories, eschewing judgment and employing care in threading the stories in with her own . . . This is a memoir laced with stimulus and plenty of heart at a time when the latter has grown elusive.” —Star–Tribune (Minneapolis) Aged eight, Dina Nayeri fled Iran along with her mother and brother and lived in the crumbling shell of an Italian hotel–turned–refugee camp. Eventually she was granted asylum in America. She settled in Oklahoma, then made her way to Princeton University. In this book, Nayeri weaves together her own vivid story with the stories of other refugees and asylum seekers in recent years, bringing us inside their daily lives and taking us through the different stages of their journeys, from escape to asylum to resettlement. In these pages, a couple fall in love over the phone, and women gather to prepare the noodles that remind them of home. A closeted queer man tries to make his case truthfully as he seeks asylum, and a translator attempts to help new arrivals present their stories to officials. Nayeri confronts notions like “the swarm,” and, on the other hand, “good” immigrants. She calls attention to the harmful way in which Western governments privilege certain dangers over others. With surprising and provocative questions, The Ungrateful Refugee challenges us to rethink how we talk about the refugee crisis. “A writer who confronts issues that are key to the refugee experience.” —Viet Thanh Nguyen, Pulitzer Prize–winning author of The Sympathizer and The Refugees
The award-winning, #1 New York Times bestselling novel from Alan Gratz tells the timely--and timeless--story of three different kids seeking refuge. A New York Times bestseller! JOSEF is a Jewish boy living in 1930s Nazi Germany. With the threat of concentration camps looming, he and his family board a ship bound for the other side of the world... ISABEL is a Cuban girl in 1994. With riots and unrest plaguing her country, she and her family set out on a raft, hoping to find safety in America... MAHMOUD is a Syrian boy in 2015. With his homeland torn apart by violence and destruction, he and his family begin a long trek toward Europe... All three kids go on harrowing journeys in search of refuge. All will face unimaginable dangers -- from drownings to bombings to betrayals. But there is always the hope of tomorrow. And although Josef, Isabel, and Mahmoud are separated by continents and decades, shocking connections will tie their stories together in the end. As powerful and poignant as it is action-packed and page-turning, this highly acclaimed novel has been on the New York Times bestseller list for more than four years and continues to change readers' lives with its meaningful takes on survival, courage, and the quest for home.