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.


The Internally Displaced Person in International Law

The Internally Displaced Person in International Law

Author: Romola Adeola

Publisher: Edward Elgar Publishing

Published: 2020-10-30

Total Pages: 208

ISBN-13: 1788975456

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While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons.


Returns of Internally Displaced Persons during Armed Conflict

Returns of Internally Displaced Persons during Armed Conflict

Author: David James Cantor

Publisher: BRILL

Published: 2018-04-24

Total Pages: 673

ISBN-13: 9004364366

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By 2017, it was estimated that over 40 million people were displaced within their own countries by conflict and violence across at least 56 countries worldwide. Solutions to the epidemic of forced internal displacement are frequently premised on the return of internally displaced persons (IDPs). Indeed, as a characteristic need of IDPs, such returns benefit from a special protection framework developed by IDP protection instruments such as the Guiding Principles. However, the legal status of those instruments remains ambiguous, generating attendant questions about the congruity of the IDP return framework with existing international law. Moreover, limited knowledge exists on its practical implementation. As a result, both inter-national agencies and individual scholars have repeatedly issued urgent calls for comprehensive and grounded theoretical investigation into this topic. This book answers those long-standing calls for research by presenting a detailed study of the return of conflict-afffected IDPs under international law.


Human Rights and Refugees, Internally Displaced Persons and Migrant Workers

Human Rights and Refugees, Internally Displaced Persons and Migrant Workers

Author: Anne Fruma Bayefsky

Publisher: BRILL

Published: 2006

Total Pages: 630

ISBN-13: 9004144838

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Examines the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts; due process issues from Europe, Canada and the United States, and the special needs of migrant workers.


The International Protection of Internally Displaced Persons

The International Protection of Internally Displaced Persons

Author: Catherine Phuong

Publisher: Cambridge University Press

Published: 2005-01-27

Total Pages: 326

ISBN-13: 9781139442268

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Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect the internally displaced. It will be of interest to all those involved with the internally displaced, as well as anyone seeking to gain an overall understanding of this complex issue.


Exile within Borders

Exile within Borders

Author: Gabriel Cardona-Fox

Publisher: BRILL

Published: 2018-12-24

Total Pages: 228

ISBN-13: 9004375562

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Twenty years after the introduction of the UN Guiding Principles for the Protection of Internally Displaced Persons, very little is known about their effectiveness in altering state behavior towards their displaced populations. In this book Gabriel Cardona-Fox takes a systematic and global first look at patterns of commitment and compliance with the IDP regime. Through the innovative use of statistical analysis on all documented cases of displacement and an in-depth case study of Colombia’s evolving response towards internal displacement, this book identifies the domestic and international forces that drive some states to institute and comply with these guidelines. Exile Within Borders fills an important gap in the literature and moves the debate over the regime’s effectiveness beyond anecdotal evidence.


The Oxford Handbook of International Refugee Law

The Oxford Handbook of International Refugee Law

Author: Cathryn Costello

Publisher: Oxford University Press

Published: 2021-06-02

Total Pages: 1337

ISBN-13: 0192588338

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The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law.


People Forced to Flee

People Forced to Flee

Author: United Nations United Nations High Commissioner for Refugees

Publisher: Oxford University Press, USA

Published: 2022-02

Total Pages: 544

ISBN-13: 9780198786467

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This volume is an authoritative contribution to scholarly and policy debates surrounding forced displacement, as well as to practice.


Forced Migration

Forced Migration

Author: Alice Bloch

Publisher: Routledge

Published: 2018-08-15

Total Pages: 243

ISBN-13: 131722695X

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Forced Migration: Current Issues and Debates provides a critical engagement with and analysis of contemporary issues in the field using inter-disciplinary perspectives, through different geographical case studies and by employing varying methodologies. The combination of authors reviewing both the key research and scholarship and offering insights from their own research ensures a comprehensive and up-to-date analysis of the current issues in forced migration. The book is structured around three main current themes: the reconfiguration of borders including virtual borders, the expansion of prolonged exile, and changes in protection and access to rights. The first chapters in the collection provide both context and a theoretical overview by situating current debates and issues in their historical context including the evolution of field and the impact of the colonial and post-colonial world order on forced migration and forced displacement. These are followed by chapters framed around substantive issues including deportation and forced return; protracted displacements; securitising the Mediterranean and cross-border migration practices; refugees in global cities; forced migrants in the digital age; and second-generation identity and transnational practices. Forced Migration offers an original contribution to a growing field of study, connecting theoretical ideas and empirical research with policy, practice and the lived experiences of forced migrants. The volume provides a solid foundation, for students, academics and policy makers, of the main questions being asked in contemporary debates in forced migration.


The Arc of Protection

The Arc of Protection

Author: T. Alexander Aleinikoff

Publisher: Stanford University Press

Published: 2019-10-01

Total Pages: 129

ISBN-13: 1503611426

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The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.