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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.


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.


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.


International Refugee Law and the Protection of Stateless Persons

Author: Michelle Foster
Publisher: Oxford University Press
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International Refugee Law and the Protection of Stateless Persons examines the extent to which the 1951 Convention relating to the Status of Refugees protectsde jure stateless persons. While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status. The questions addressed include the following: When is a person 'without a nationality' for the purpose of the 1951 Refugee Convention? What constitutes one's country of former habitual residence as a proxy to one's country of nationality? When does being stateless give rise to a well-founded fear of persecution for reasons specified in the 1951 Refugee Convention and/or UNHCR mandate? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? How are courts assessing individual risk or threat to stateless persons? The book draws on historical and contemporary interpretation of international law based on the travaux préparatoires to the 1951 Refugee Convention and its antecedents, academic writing, UNHCR policy and legal documents, UN Human Rights Council resolutions, UN Human Rights Committee general comments, UN Secretary General reports, and UN General Assembly resolutions. It is also based on original comparative analysis of existing jurisprudence worldwide relating to claims to refugee status based on or around statelessness. By examining statelessness through the prism of international refugee law, this book fills a critical gap in existing scholarship.


Reconceiving International Refugee Law

Author: James C. Hathaway
Publisher: Martinus Nijhoff Publishers
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2.2 The Refugee Family.


Allgemeine Erkl rung der Menschenrechte

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Refugee Status in Islam

Author: Arafat Madi Shoukri
Publisher: I.B.Tauris
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What are the views, principles and regulations of the Islamic tradition concerning refugee status? Are there any similarities between the Islamic tradition relating to the laws of aman (safe conduct) and the 1951 Geneva Convention relating to the status of refugees? Arafat Shoukri here delves into fifteen centuries of Arab and Islamic history, examining hundreds of ancient sources to establish Islam’s position on refugees. To trace the origins of the Islamic concept of aman, Arafat Shoukri goes back to the life of Arabs in the jahiliyya, before the advent of Islam, to explore the idea of jiwar (protection), which was a governing custom at that period. He highlights how the Prophet, the first asylum seeker in Islam, and his Companions exploited jiwar on their journey to establish their state in Medina. More importantly, the author focuses on how the Muslims treated those non-Muslims who sought jiwar in Medina. In order to position aman within the context of an Islamic discourse, the author defines several relevant terms, such as dar alharb, dar al-Islam, mustaj?r, muhajir, musta’min and dhimmi. Noticeably, due to its particular significance, the author undertakes an extensive examination of the different interpretations of the Qur’anic verse (9:6) which is considered to be the cornerstone in legalising the concept of refuge in the Qur’an. After establishing the concept of protection and the laws of aman in the Islamic tradition Shoukri examines the 1951 Geneva Convention relating to the status of refugees from the perspective of Islamic tradition - the first scholar to do so. Interestingly, the similarities between the two are very striking - allowing Shoukri to dismiss calls for a specific Islamic convention on refugees. Instead, he concludes by encouraging Arab and Muslim governments to endorse the 1951 Convention.


The Refugee in International Law

Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
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The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis.


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 Status of Palestinian Refugees in International Law

Author: Alex Takkenberg
Publisher: Oxford University Press on Demand
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7. Scope of the study