The Internal Protection Alternative in Refugee Law

The Internal Protection Alternative in Refugee Law

Author: Jessica Schultz

Publisher: BRILL

Published: 2018-12-10

Total Pages: 443

ISBN-13: 9004361960

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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.


The Internal Protection Alternative in Refugee Law

The Internal Protection Alternative in Refugee Law

Author: Jessica Schultz

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9789004361959

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The Internal Protection Alternative in Refugee Law addresses the legal conditions under which a refugee claimant may be returned to a safe area within her country of origin.


Human Rights and the Refugee Definition

Human Rights and the Refugee Definition

Author: Bruce Burson

Publisher: BRILL

Published: 2016-02-02

Total Pages: 427

ISBN-13: 9004288597

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Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.


The Oxford Handbook of International Refugee Law

The Oxford Handbook of International Refugee Law

Author: Cathryn Costello

Publisher: Oxford University Press

Published: 2021

Total Pages: 1337

ISBN-13: 0198848633

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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.


The Law of Refugee Status

The Law of Refugee Status

Author: James C. Hathaway

Publisher: Cambridge University Press

Published: 2014-07-03

Total Pages: 777

ISBN-13: 1107012511

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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.


International Refugee Law

International Refugee Law

Author: Hne Lambert

Publisher: Routledge

Published: 2017-07-05

Total Pages: 554

ISBN-13: 1351562215

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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.


Research Handbook on International Refugee Law

Research Handbook on International Refugee Law

Author: Satvinder Singh Juss

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 473

ISBN-13: 0857932810

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In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.


Internally Displaced Persons and International Refugee Law

Internally Displaced Persons and International Refugee Law

Author: Bríd Ní Ghráinne

Publisher: Oxford University Press

Published: 2022

Total Pages: 241

ISBN-13: 0198868448

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Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.


'Protection' in European Union Asylum Law

'Protection' in European Union Asylum Law

Author: Julian Lehmann

Publisher: International Refugee Law

Published: 2020

Total Pages: 278

ISBN-13: 9789004430242

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Introduction : why researching the uses of the term 'protection' in EU asylum law -- International protection vs. 'domestic' protection -- Protection against harm -- The internal protection alternative -- Protection in third countries -- Conclusion : what paradigm of protection for EU asylum law?