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This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.
This collection focuses on regional approaches to refugee protection, and specifically upon the norms, and the norm entrepreneurs of those approaches. It considers how recent crises in refugee protection (such as the Syrian and Andaman Sea crises) have highlighted the strengths and limits of regional approaches to refugee protection and the importance of looking closely at the underlying norms, and the identities and activities of the relevant ‘norm entrepreneurs’ at the regional level. It compares the norms of refugee protection that have evolved in three regions: the EU, Latin America and the South East Asian region, to identify which norms of refugee protection have been ‘internalised’ in the three regional contexts and to contextualise the processes. The authors demonstrate the need for awareness of the roles of different norm ‘entrepreneurs’ such as states, international organisations and civil society, in developing and promoting basic norms on refugee protection. This book was originally published as a special issue of The International Journal of Human Rights.
This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
Looking at refugee protection in Latin America, this landmark edited collection assesses what the region has achieved in recent years. It analyses Latin America’s main documents in refugee protection, evaluates the particular aspects of different regimes, and reviews their emergence, development and effect, to develop understanding of refugee protection in the region. Drawing from multidisciplinary texts from both leading academics and practitioners, this comprehensive, innovative and highly topical book adopts an analytical framework to understand and improve Latin America’s protection of refugees.
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?
Taking the context of forced migration, this book addresses the role that regional, in contrast to national or global, institutions and relationships play in shaping asylum policies and procedures. It examines the causes of forced migration movements; the direction of forced migration flows and its effect upon the immediate region; policy responses towards forced migration (in particular ASEAN and the European Community); cooperative arrangements and agreements between regional states; and the protection of human rights. The book also considers the role that regional responses are likely to play in determining the direction of asylum policy in receiving states and procedures in the future.
The ongoing refugee and migrant crisis in Europe has accelerated the need to find answers for refugee movements. Refugees, Regionalism and Responsibility examines regional cooperation as a potential solution. Through a thorough assessment of past and present regional arrangements concerning refugees, this book considers whether regionalism has resulted in protection and durable solutions for both refugees and participating states.
Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the ‘boundaries’ of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as ‘legal frontiers’ whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.
This book addresses the issue of refugee protection in Europe, drawing on the approaches taken to the crisis in former Yugoslavia to find lessons for future comprehensive policies. Suitable for academics, students and policy-makers, this book gives a comprehensive overview of the twentieth-century history of refugee protection, the relationship between protection and human rights, and European integration in the asylum and immigration policy area. The focus of the book is the development of comprehensive approaches to forced migration and particularly the emergence of temporary protection mechanisms in the European context. Four specific national measures are analyzed and a model for future EU policy is advanced. This model satisfies specified practical and theoretical requirements governing the role of protection in international relations and relations between individuals and states.