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The Law of Refugee Status

Author: James C. Hathaway
Publisher: Cambridge University Press
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The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.


Nationality and Statelessness in the International Law of Refugee Status

Author: Eric Fripp
Publisher: Bloomsbury Publishing
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International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.


Gender and Refugee Status

Author: Thomas Spijkerboer
Publisher: Routledge
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This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status. In the past decade, the issue has received increasing attention in academic writing, the media and the courtroom. This book contains an interdisciplinary analysis. The empirical data, collected for this study and not published previously, concerns Dutch asylum practice. The Netherlands is a prominent refugee-receiving country in Europe, yet hardly any English texts address Dutch refugee law. The book also covers foreign case law and academic writing. Therefore, the analysis is relevant for all refugee-receiving countries in the Western world; the empirical data on The Netherlands functions as a case study. The book combines perspectives of post-structuralist feminism and post-colonial studies. Refugee women are constructed as a double other. This intersectionality is related to the construction of the Third World as feminine (passive, in need of active outside intervention etc., etc.). The book provides a comprehensive overview of academic writing and of case law on the subject. On this basis of theoretical perspectives that were almost ignored until now, it develops an innovative critique of refugee law discourse and outlines its possible consequences for legal doctrine.


The Law of Refugee Status

Author: James C. Hathaway
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The Rights of Refugees under International Law

Author: James C. Hathaway
Publisher: Cambridge University Press
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This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.


Refugee Law and Practice in Japan

Author: Osamu Arakaki
Publisher: Ashgate Publishing, Ltd.
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This volume examines the development of refugee law and policy in Japan. The book discusses systemic weaknesses and compares the evolution of law in Australia and New Zealand to highlight problems in Japan's refugee determination system. Ultimately, the book calls for Japan to reform failing systems and take innovative action towards refugee protection.


The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol

Author: Andreas Zimmermann
Publisher: Oxford University Press
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'.. this work is intended to provide an in-depth analysis of each and every provision of the 1951 Convention and its 1967 Protocol. Special contributions on topics that cut across various provisions or that provide an overview over developments in certain regions of the world complement this Commentary.'


Seeking Asylum in the UK

Author: Colin Harvey
Publisher: Cambridge University Press
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An examination of the emergence of the legal regime in the United Kingdom addressing refugees and asylum seekers.


The Right to Seek Refugee Status in the European Union

Author: Sylvie Da Lomba
Publisher: Intersentia nv
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This book analyses the implications of the EU asylum policy for the right to seek refugee status within the meaning of the 1951 UN Convention relating to the Status of Refugees. Relevant EU legislation and proposals for future legislation are measured against the standards set out in international refugee and human rights law with a view to making law reform proposals for the protection of the right to seek refugee status within the EU.


Human Rights and the Refugee Definition

Author: Bruce Burson
Publisher: BRILL
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In Human Rights and the Refugee Definition, Burson and Cantor bring together over a dozen contributions that add a fine-grained comparative perspective to the debate on whether, or how, interpretation of the refugee definition should take account of human rights law.