Frontex and Non-Refoulement

Frontex and Non-Refoulement

Author: Roberta Mungianu

Publisher: Cambridge University Press

Published: 2016-08-18

Total Pages: 275

ISBN-13: 1316790827

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Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.


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.


Non-Refoulement under the European Convention on Human Rights and the UN Convention against Torture

Non-Refoulement under the European Convention on Human Rights and the UN Convention against Torture

Author: Fanny De Weck

Publisher: BRILL

Published: 2016-09-27

Total Pages: 548

ISBN-13: 9004311491

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This volume offers a comprehensive analysis and comparison of the case law and practice of the European Court of Human Rights and the United Nations Committee against Torture in individual cases concerning the principle of non-refoulement. It covers both procedural and material aspects relevant in expulsion and extradition cases submitted by individuals under Article 3 of the European Convention on Human Rights (ECHR) or Article 3 of the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The book is a particularly helpful tool for asylum lawyers, human rights advocates, and other practitioners. It is also a reference work of significant value to scholars interested in non-refoulement under both conventions and in the context of human rights or refugee law in general.


The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol 2e

The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol 2e

Author: Andreas Zimmermann

Publisher: Oxford University Press

Published: 2024-04-04

Total Pages: 2033

ISBN-13: 0192855115

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The 1951 Refugee Convention and its 1967 Protocol are the cornerstones of international refugee law. This Commentary provides a systematic, article-by-article analysis of their provisions in addition to crosscutting thematic chapters. The Commentary is an indispensable tool for lawyers, decision-makers, and academics.


Asylum-Seeker and Refugee Protection in Sub-Saharan Africa

Asylum-Seeker and Refugee Protection in Sub-Saharan Africa

Author: Cristiano d'Orsi

Publisher: Routledge

Published: 2015-08-11

Total Pages: 384

ISBN-13: 1317669819

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It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d’Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.


International Human Rights Lexicon

International Human Rights Lexicon

Author: Susan Marks

Publisher: OUP Oxford

Published: 2005-05-19

Total Pages: 472

ISBN-13: 0191018643

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This book presents a wide-ranging survey of the scope and significance of international human rights law. Arranged thematically in alphabetical format, it side-steps the traditional categories of human rights law, to investigate rights in the specific contexts in which they are invoked, debated, and considered. This book is an informative and accessible guide to key issues confronting international human rights law today.


Refuge in a Moving World

Refuge in a Moving World

Author: Elena Fiddian-Qasmiyeh

Publisher: UCL Press

Published: 2020-07-17

Total Pages: 564

ISBN-13: 1787353176

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Refuge in a Moving World draws together more than thirty contributions from multiple disciplines and fields of research and practice to discuss different ways of engaging with, and responding to, migration and displacement. The volume combines critical reflections on the complexities of conceptualizing processes and experiences of (forced) migration, with detailed analyses of these experiences in contemporary and historical settings from around the world. Through interdisciplinary approaches and methodologies – including participatory research, poetic and spatial interventions, ethnography, theatre, discourse analysis and visual methods – the volume documents the complexities of refugees’ and migrants’ journeys. This includes a particular focus on how people inhabit and negotiate everyday life in cities, towns, camps and informal settlements across the Middle East and North Africa, Southern and Eastern Africa, and Europe.


Commentary on the Third Geneva Convention

Commentary on the Third Geneva Convention

Author:

Publisher: Cambridge University Press

Published: 2021-09-09

Total Pages: 3034

ISBN-13: 1108981704

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The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.


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.