The Oxford Handbook of International Refugee Law最新文献

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Part VI Refugee Rights and Realities, Ch.50 Non-refoulement 第六部分难民权利和现实,Ch.50不驱回
The Oxford Handbook of International Refugee Law Pub Date : 2021-06-03 DOI: 10.1093/law/9780198848639.003.0051
Mathew Penelope
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引用次数: 0
Part V The Scope of Refugee Protection, Ch.45 Conflict Refugees 第五部分难民保护的范围,第45章冲突难民
The Oxford Handbook of International Refugee Law Pub Date : 2021-06-03 DOI: 10.1093/law/9780198848639.003.0046
Wouters Cornelis
{"title":"Part V The Scope of Refugee Protection, Ch.45 Conflict Refugees","authors":"Wouters Cornelis","doi":"10.1093/law/9780198848639.003.0046","DOIUrl":"https://doi.org/10.1093/law/9780198848639.003.0046","url":null,"abstract":"Armed conflicts have always been and still are major causes of refugee movements. They invariably cause human suffering, destroying State and societal structure and affecting the lives of civilian populations. While it is difficult to contest that people should not be returned to conflict, different thinking and practices are discernable in relation to the applicable legal framework for providing refugee protection to people displaced across borders by conflict. These discrepancies arise in part from the way in which conflicts are understood; the way in which the definition of a refugee in the Refugee Convention has been interpreted and applied; and in part from limitations in the definition itself. Recognizing ‘conflict refugees’ as refugees within the international legal framework requires an understanding of the dynamics of conflicts and a dynamic interpretation of the refugee definitions at global and regional levels.","PeriodicalId":111378,"journal":{"name":"The Oxford Handbook of International Refugee Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127183837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Part II Sources, Ch.10 The Office of the United Nations High Commissioner for Refugees 第二部分来源,Ch.10联合国难民事务高级专员办事处
The Oxford Handbook of International Refugee Law Pub Date : 2021-06-03 DOI: 10.1093/law/9780198848639.003.0011
James Milner, Jay Ramasubramanyam
{"title":"Part II Sources, Ch.10 The Office of the United Nations High Commissioner for Refugees","authors":"James Milner, Jay Ramasubramanyam","doi":"10.1093/law/9780198848639.003.0011","DOIUrl":"https://doi.org/10.1093/law/9780198848639.003.0011","url":null,"abstract":"This chapter addresses the role played by the Office of the United Nations High Commissioner for Refugees (UNHCR) in the making and implementation of international refugee law. It begins by considering UNHCR’s mandate responsibilities and operational functions to better understand the structures that condition the scope of UNHCR’s engagement with the functioning of international law. While UNHCR’s 1950 Statute and the Refugee Convention both mandate UNHCR to serve particular functions, such as its supervisory responsibility relating to the Refugee Convention, its Statute also places particular constraints on UNHCR, especially in terms of the scope of its activities and its reliance on voluntary contributions from States to perform its mandated functions. The chapter then looks at how the roles UNHCR has played in the making and implementation of refugee law at the global, regional, and national levels, through its operations, and how these functions have evolved over time. By illustrating the various instances where UNHCR has demonstrated power, along with those instances where UNHCR has exhibited pathologies and has been constrained by the interests of States, the chapter points to the importance of understanding international refugee law within the political environment in which it functions.","PeriodicalId":111378,"journal":{"name":"The Oxford Handbook of International Refugee Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116821575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Part V The Scope of Refugee Protection, Ch.36 Complementary Protection 第五部分难民保护的范围,第36章补充保护
The Oxford Handbook of International Refugee Law Pub Date : 2021-06-03 DOI: 10.1093/law/9780198848639.003.0037
McAdam Jane
{"title":"Part V The Scope of Refugee Protection, Ch.36 Complementary Protection","authors":"McAdam Jane","doi":"10.1093/law/9780198848639.003.0037","DOIUrl":"https://doi.org/10.1093/law/9780198848639.003.0037","url":null,"abstract":"Beyond the Convention refugee, there are other forced migrants deserving of protection. This chapter considers the scope and content of ‘complementary protection’ in international law, and its application in a number of domestic jurisdictions. As the principle of non-refoulement has developed in human rights law to preclude removal to a real risk of serious harm, it has given rise to the concept of complementary protection. This describes protection granted on the basis of an international protection need arising outside the Refugee Convention, accompanied by a status in domestic law. At a minimum, complementary protection precludes the removal of individuals who face a real risk of being arbitrarily deprived of life, or being subjected to the death penalty, torture or cruel, inhuman, or degrading treatment or punishment, although the list of rights giving rise to complementary protection is not closed. By its very nature, it is complementary to refugee protection, which means it should only be considered following a comprehensive evaluation of a person’s claim against the Refugee Convention definition and a finding that the applicant is not a refugee.","PeriodicalId":111378,"journal":{"name":"The Oxford Handbook of International Refugee Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130893743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Part V The Scope of Refugee Protection, Ch.41 Refugee Children 第五部分难民保护的范围,第41章难民儿童
The Oxford Handbook of International Refugee Law Pub Date : 2021-06-03 DOI: 10.1093/law/9780198848639.003.0042
M PobjoyJason
{"title":"Part V The Scope of Refugee Protection, Ch.41 Refugee Children","authors":"M PobjoyJason","doi":"10.1093/law/9780198848639.003.0042","DOIUrl":"https://doi.org/10.1093/law/9780198848639.003.0042","url":null,"abstract":"This chapter focuses on refugee children. International law affords all refugee children special protection, under both the Refugee Convention and, of particular significance, the Convention on the Rights of the Child (CRC). The CRC recognizes children as independent rights-bearers, entitled to a comprehensive set of civil, political, social, economic, and cultural rights that are designed to cater for their specific needs. The rights set out under the CRC apply to all children, wherever they find themselves, without discrimination. Evidently there is a significant protection gap. This chapter traces the development of international law relating to refugees and to children, before addressing six key issues: first, the notion of childhood and the difficulties in proving age; secondly, the application of the refugee definition to children; thirdly, the extent to which the CRC is capable of affording independent and more appropriate forms of protection status for children; fourthly, a refugee child's entitlement to appropriate protection and humanitarian assistance (article 22 of the CRC); fifthly, the availability of durable solutions; and finally, family reunification.","PeriodicalId":111378,"journal":{"name":"The Oxford Handbook of International Refugee Law","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116776815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Part V The Scope of Refugee Protection, Ch.44 Stateless Refugees 第五部分:难民保护的范围,Ch.44无国籍难民
The Oxford Handbook of International Refugee Law Pub Date : 2021-06-03 DOI: 10.1093/law/9780198848639.003.0045
Lambert Hélène
{"title":"Part V The Scope of Refugee Protection, Ch.44 Stateless Refugees","authors":"Lambert Hélène","doi":"10.1093/law/9780198848639.003.0045","DOIUrl":"https://doi.org/10.1093/law/9780198848639.003.0045","url":null,"abstract":"This chapter focuses on stateless refugees. The 1954 Convention relating to the Status of Stateless Persons (Stateless Convention) and the 1961 Convention on the Reduction of Statelessness together form the foundation of the international legal framework on statelessness and the protection of stateless persons. As the refugee definition in article 1A(2) of the Refugee Convention makes clear, it has always been assumed that having or not having a nationality is not a determinant element for being recognized as a refugee; in fact UNHCR datasets record stateless refugees as refugees. At the same time, considerations of nationality or lack thereof can have a strong bearing on the assessment of key elements of the refugee definition. For instance, claims for protection from individuals whose nationality was denied or withdrawn or whose nationality is ineffective may be relevant facts in the assessment of persecution or well-founded fear. The chapter therefore considers the extent to which the Refugee Convention protects stateless persons as refugees, scrutinizing all parts of the definition in article 1A(2).","PeriodicalId":111378,"journal":{"name":"The Oxford Handbook of International Refugee Law","volume":"235 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115584776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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