Protecting Stateless Persons
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Protecting Stateless Persons
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Author : Katia Bianchini
language : en
Publisher: BRILL
Release Date : 2018-04-03
Protecting Stateless Persons written by Katia Bianchini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-03 with Law categories.
In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.
International Refugee Law And The Protection Of Stateless Persons
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Author : Michelle Foster
language : en
Publisher: Oxford University Press
Release Date : 2019-04-04
International Refugee Law And The Protection Of Stateless Persons written by Michelle Foster and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-04 with Law categories.
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.
Nationality And Statelessness Under International Law
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Author : Alice Edwards
language : en
Publisher: Cambridge University Press
Release Date : 2014-09-18
Nationality And Statelessness Under International Law written by Alice Edwards 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 2014-09-18 with Law categories.
This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.
International Refugee Law
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Author : Hélène Lambert
language : en
Publisher: Routledge
Release Date : 2017-07-05
International Refugee Law written by Hélène Lambert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
Understanding Statelessness
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Author : Tendayi Bloom
language : en
Publisher: Routledge
Release Date : 2017-08-04
Understanding Statelessness written by Tendayi Bloom and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-04 with Political Science categories.
Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area. They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, ‘Defining Statelessness’, features chapters exploring conceptual issues in the definition of statelessness. The second, ‘Living Statelessness’, uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. ‘Theorising Statelessness’, the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.
The Internal Protection Alternative In Refugee Law
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Author : Jessica Schultz
language : en
Publisher: BRILL
Release Date : 2018-12-10
The Internal Protection Alternative In Refugee Law written by Jessica Schultz and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-10 with Law categories.
Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the ‘internal protection alternative’ (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources. She argues that the doctrine of implied limits in human rights law can provide analytic structure to the IPA concept and reduce the risk of overly broad application.
International Refugee Law And The Protection Of Stateless Persons
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Author : Michelle Foster
language : en
Publisher: Oxford University Press
Release Date : 2019-04-04
International Refugee Law And The Protection Of Stateless Persons written by Michelle Foster and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-04 with Law categories.
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.
The Rights Of Non Citizens
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Author : United Nations. Office of the High Commissioner for Human Rights
language : en
Publisher: United Nations Publications
Release Date : 2006
The Rights Of Non Citizens written by United Nations. Office of the High Commissioner for Human Rights and has been published by United Nations Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies
Offshore Citizens
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Author : Noora Lori
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-22
Offshore Citizens written by Noora Lori 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 2019-08-22 with Law categories.
This study of citizenship and migration policies in the Gulf shows how temporary residency can become a permanent citizenship status.
The State Of Economic And Social Human Rights
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Author : Lanse Minkler
language : en
Publisher: Cambridge University Press
Release Date : 2013-01-07
The State Of Economic And Social Human Rights written by Lanse Minkler 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 2013-01-07 with Business & Economics categories.
Original scholarship on economic and social human rights from cutting-edge scholars in the fields of economics, law, political science, sociology and anthropology.