Fragmented State Power And Forced Migration

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Fragmented State Power And Forced Migration

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Author : Eeva Nyk Nen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-06-14

Fragmented State Power And Forced Migration written by Eeva Nyk Nen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-14 with Law categories.

Drawing extensively on international and European law, international and national case law, as well as academic writings, this study offers a comprehensive and critical analysis on the issue of non-state actors in refugee law.

Finnish Yearbook Of International Law Volume 21 2010

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Author : Jan Klabbers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-12-05

Finnish Yearbook Of International Law Volume 21 2010 written by Jan Klabbers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-05 with Law categories.

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Ius Gentium Association (the Finnish Society of International Law) by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fybil.org INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 21 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/fyil/subs

Conflict Displacement And Legal Protection

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Author : Charlotte Lülf
language : en
Publisher: Routledge
Release Date : 2019-02-05

Conflict Displacement And Legal Protection written by Charlotte Lülf and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-05 with Law categories.

While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.

Undocumented Immigrants In An Era Of Arbitrary Law

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Author : Robert F. Barsky
language : en
Publisher: Routledge
Release Date : 2015-08-11

Undocumented Immigrants In An Era Of Arbitrary Law written by Robert F. Barsky and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-11 with Law categories.

This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant’s pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as ‘illegal’, they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.

Allegiance And Identity In A Globalised World

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Author : Fiona Jenkins
language : en
Publisher: Cambridge University Press
Release Date : 2014-11-06

Allegiance And Identity In A Globalised World written by Fiona Jenkins and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-06 with Law categories.

Examines questions of allegiance and identity in a globalised world through the disciplines of law, politics, philosophy and psychology.

Evidence In European Asylum Procedures

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Author : Ida Staffans
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-04-19

Evidence In European Asylum Procedures written by Ida Staffans and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-19 with Law categories.

This book focuses on three European asylum procedures and the evidentiary assessment carried out in these. The interrelationship between these procedures and legal systems influencing them is explored and questions in relation to the harmonizing strivings of EU are posed.

Lgbti Asylum Seekers And Refugees From A Legal And Political Perspective

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Author : Arzu Güler
language : en
Publisher: Springer
Release Date : 2018-12-06

Lgbti Asylum Seekers And Refugees From A Legal And Political Perspective written by Arzu Güler and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-06 with Law categories.

This book addresses the ‘three moments’ in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers’ and refugees’ efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status.The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons’ flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers’ journey.In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries’ interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one’s sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges.The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them.

Protection In European Union Asylum Law

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Author : Julian Lehmann
language : en
Publisher: BRILL
Release Date : 2020-09-25

Protection In European Union Asylum Law written by Julian Lehmann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-25 with Law categories.

Asylum law in the European Union is ripe with caveats that allow authorities to reject asylum applications due to ‘protection’ received in the home country or another location. But what does ‘protection’ mean in this context? And when is it strong enough to make denying an application lawful? Departing from the notion that refugee status is a “surrogate” for lacking protection at home, Julian M. Lehmann investigates the interplay of international law and European Union law on protection against harm by non-state actors, the Internal Protection Alternative concept, and asylum in third countries en route to the European Union. Lehmann demonstrates how conflating these concepts risks equating international protection with mere safety, which stands in contrast to the very purpose of refugee law.

Exploring The Boundaries Of Refugee Law

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Author : Jean-Pierre Gauci
language : en
Publisher: Hotei Publishing
Release Date : 2015-04-14

Exploring The Boundaries Of Refugee Law written by Jean-Pierre Gauci and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-14 with Law categories.

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.

Contemporary Migration To South Africa

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Author : Aurelia Segatti
language : en
Publisher: World Bank Publications
Release Date : 2011-08-23

Contemporary Migration To South Africa written by Aurelia Segatti and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-23 with Social Science categories.

Building on global interest in migration development, the volume draws attention to one of the most important migration systems in sub-Saharan Africa. It reviews South Africa’s approach to international migration in the post-apartheid period from a regional development perspective, highlighting key policy issues, debates, and consequences. The authors find at least three areas where migration is resulting in important development impacts. First, by offering options to those affected by conflict and crises in a region that has limited formal disaster management and social protection systems. Second, by mitigating shortcomings and distortions in regional labour markets. Third, by providing support to struggling rural economies and ever expanding urban areas in terms of livelihoods and social capital transfers. Chapter One consists of a study of the country’s historical experience of migration and, in particular, analyses the changes in official attitudes throughout the twentieth century, indicating the roots of contemporary ideas and policy dilemmas. Chapters Two, Three, Four and Five complement this analysis of the South African State’s capacity to reform and manage the South African migration situation by looking at often neglected dimensions: the first explores the question of skilled labour, a crucial question given the unbalanced structure of the South African labour market; the second examines the impact of migration on local government in South African cities and specifically implications for urban planning, service delivery, health, security, and political accountability; the third analyses the nature of undocumented migration to South Africa and the challenges it raises to both State and non-State actors; The book concludes with an examination of health as a critical issue when examining the relationship between migration and development in South Africa, in light of recent empirical data.