The Refugee in International Law最新文献

Part 3 Protection, 12 Displacement related to the Impacts of Disasters and Climate Change 第三部分:保护，12灾害和气候变化影响下的流离失所

The Refugee in International Law Pub Date : 2021-08-19 DOI: 10.1093/law/9780198808565.003.0012

S Goodwin-GillGuy, McAdam Jane, Dunlop Emma

{"title":"Part 3 Protection, 12 Displacement related to the Impacts of Disasters and Climate Change","authors":"S Goodwin-GillGuy, McAdam Jane, Dunlop Emma","doi":"10.1093/law/9780198808565.003.0012","DOIUrl":"https://doi.org/10.1093/law/9780198808565.003.0012","url":null,"abstract":"This chapter explores the nature of movement occasioned by the impacts of disasters and climate change. There is scientific consensus that the effects of climate change are aggravating and amplifying many ‘natural’ environmental hazards. This, in turn, may threaten a range of human rights including the right to life, health, housing, culture, means of subsistence, and the right to be free from inhuman or degrading treatment. Moreover, disasters linked to sudden-onset natural hazards continue to trigger the largest number of new internal displacements annually. The chapter then considers the law as it pertains to internally displaced persons (IDPs), as well as the limits and capacity of the international and regional legal frameworks that may apply to those who were displaced across an international border (refugee law, human rights law, and the law on statelessness). While a number of international instruments now include language on climate change, disasters, and displacement, including the 2018 Global Compact for Safe, Orderly and Regular Migration, more is required to give full effect to these undertakings, both with regard to the capacity to anticipate displacement, and to determine what kind of ‘protection’ is called for, by whom, and where.","PeriodicalId":204360,"journal":{"name":"The Refugee in International Law","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124118912","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}

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Part 3 Protection, 13 Nationality, Statelessness, and Protection 第3部分保护，13国籍，无国籍和保护

The Refugee in International Law Pub Date : 2021-08-19 DOI: 10.1093/law/9780198808565.003.0013

S. Goodwin-GillGuy, McAdam Jane, Dunlop Emma

{"title":"Part 3 Protection, 13 Nationality, Statelessness, and Protection","authors":"S. Goodwin-GillGuy, McAdam Jane, Dunlop Emma","doi":"10.1093/law/9780198808565.003.0013","DOIUrl":"https://doi.org/10.1093/law/9780198808565.003.0013","url":null,"abstract":"This chapter studies nationality, statelessness, and protection. Domestic law determines the content of nationality, and historically only those elements of nationality bearing on the relations between States were considered of relevance to international law. Questions of nationality, therefore, are in principle within the reserved domain of domestic jurisdiction, even if that leaves many questions open. At one time, it was easier to envisage that the realm of the domestic might not be co-extensive with the realm of the international—that a State’s nationals for the purposes of international law, might yet be divided ‘back home’ into those who did, and those who did not, enjoy the full benefits of civil status. In a post-modern age sensible of human rights, such distinctions, though not unknown, are difficult to justify. If the domestic conception of citizenship did not encompass a sense of protection by the State, including admission or re-admission, then it failed as an instance of nationality in the sense of international law. The chapter then reflects on statelessness in international law and practice. It looks at the elimination and prevention of statelessness and the protection of stateless refugees.","PeriodicalId":204360,"journal":{"name":"The Refugee in International Law","volume":"1680 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128015283","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

1 The Refugee in International Law 国际法中的难民问题

The Refugee in International Law Pub Date : 2021-08-19 DOI: 10.1093/law/9780198808565.003.0001

Goodwin-Gill Guy S, McAdam Jane, Dunlop Emma

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Part 3 Protection, 9 International Protection 第三部分保护，第九部分国际保护

The Refugee in International Law Pub Date : 2021-08-19 DOI: 10.1093/law/9780198808565.003.0009

S Goodwin-GillGuy, McAdam Jane, Dunlop Emma

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Part 3 Protection, 10 International Cooperation, Protection, and Solutions 第三部分保护，10国际合作、保护和解决方案

The Refugee in International Law Pub Date : 2021-08-19 DOI: 10.1093/law/9780198808565.003.0010

S Goodwin-GillGuy, McAdam Jane, Dunlop Emma

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Part 1 Refugees, 2 Refugees Defined and Described 第一部分难民，第二部分难民的定义和描述

The Refugee in International Law Pub Date : 2021-08-19 DOI: 10.1093/law/9780198808565.003.0002

S Goodwin-GillGuy, McAdam Jane, Dunlop Emma

{"title":"Part 1 Refugees, 2 Refugees Defined and Described","authors":"S Goodwin-GillGuy, McAdam Jane, Dunlop Emma","doi":"10.1093/law/9780198808565.003.0002","DOIUrl":"https://doi.org/10.1093/law/9780198808565.003.0002","url":null,"abstract":"This chapter defines and describes refugees. The term ‘refugee’ is a term of art, that is, a term with a content verifiable according to principles of general international law. In ordinary usage, it has a broader, looser meaning, signifying someone in flight, who seeks to escape conditions or personal circumstances found to be intolerable. For the purposes of international law, States have further limited the concept of the refugee. Defining refugees may appear an unworthy exercise in legalism and semantics, obstructing a prompt response to the needs of people in distress. On the one hand, States have nevertheless insisted on fairly restrictive criteria for identifying those who benefit from refugee status and asylum or local protection. On the other hand, the definition or description may facilitate and justify aid and protection, while satisfying the relevant criteria ought in practice to indicate entitlement to the pertinent rights or benefits. In determining the content in international law of the class of refugees, therefore, the traditional sources—treaties and the practice of States—must be examined, also taking into account the normative impact of the practice and procedures of the various bodies established by the international community to deal with the problems of refugees.","PeriodicalId":204360,"journal":{"name":"The Refugee in International Law","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121040928","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}

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Part 2 Asylum, 5 The Principle of Non-refoulement—Part 1 第2部分庇护，第5部分不驱回原则-第1部分

The Refugee in International Law Pub Date : 2021-08-19 DOI: 10.1093/law/9780198808565.003.0005

S Goodwin-GillGuy, McAdam Jane, Dunlop Emma

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Part 1 Refugees, 4 Loss and Denial of Refugee Status and Its Benefits 第1部分:难民，第4部分:难民身份的丧失与拒绝及其利益

The Refugee in International Law Pub Date : 2021-08-19 DOI: 10.1093/law/9780198808565.003.0004

S Goodwin-GillGuy, McAdam Jane, Dunlop Emma

{"title":"Part 1 Refugees, 4 Loss and Denial of Refugee Status and Its Benefits","authors":"S Goodwin-GillGuy, McAdam Jane, Dunlop Emma","doi":"10.1093/law/9780198808565.003.0004","DOIUrl":"https://doi.org/10.1093/law/9780198808565.003.0004","url":null,"abstract":"This chapter examines the loss and denial of refugee status and its benefits. Most international instruments not only define refugees, but also provide for the termination or denial of refugee status and the withdrawal of protection. The International Refugee Organization (IRO) Constitution, for example, described the circumstances in which refugees and the displaced would ‘cease to be the concern’ of the organization, and excluded various others, including ‘war criminals, quislings and traitors’, and ‘ordinary criminals extraditable by treaty’. Article 14 of the Universal Declaration of Human Rights prohibits invocation of the right to seek asylum ‘in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations’. These categories have been expanded in other instruments and in State practice so that, in general, refugee status may be lost or denied because of voluntary acts of the individual; a change of circumstances; where protection is accorded by other States or international agencies; and in the case of criminals or other ‘undeserving’ cases.","PeriodicalId":204360,"journal":{"name":"The Refugee in International Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128161704","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}

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Part 2 Asylum, 8 The Concept of Asylum 第二部分庇护，8庇护的概念

The Refugee in International Law Pub Date : 2021-08-19 DOI: 10.1093/law/9780198808565.003.0008

S Goodwin-GillGuy, McAdam Jane, Dunlop Emma

{"title":"Part 2 Asylum, 8 The Concept of Asylum","authors":"S Goodwin-GillGuy, McAdam Jane, Dunlop Emma","doi":"10.1093/law/9780198808565.003.0008","DOIUrl":"https://doi.org/10.1093/law/9780198808565.003.0008","url":null,"abstract":"This chapter focuses on the concept of asylum. The meaning of the word ‘asylum’ tends to be assumed by those who use it, but its content is rarely explained. The Universal Declaration of Human Rights refers to ‘asylum from persecution’, the UN General Assembly urges the grant of asylum and observance of the principle of asylum, and many States’ constitutions and laws offer the promise of asylum, yet nowhere is this act of States defined. A distinction may be made between the clear, discretionary, sovereign right of States to grant asylum without it being considered a hostile act, which other States are bound to respect; and the individual right to asylum, which thus far has only been explicitly recognized in some regional human rights instruments and national constitutions, but not in any treaty applying universally. While individuals may not be able to claim a right to be granted asylum, States have a duty under international law not to obstruct the individual’s right to seek asylum. This includes the obligation to provide access to an asylum procedure (refugee status determination), which necessarily calls into question the legality of non-arrival and non-admission policies increasingly employed by States as tools of migration control.","PeriodicalId":204360,"journal":{"name":"The Refugee in International Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114220819","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}

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Part 3 Protection, 11 Treaty Standards and their Implementation in National Law 第三部分保护、11项条约标准及其在国内法中的实施

The Refugee in International Law Pub Date : 2021-08-19 DOI: 10.1093/law/9780198808565.003.0011

S Goodwin-GillGuy, McAdam Jane, Dunlop Emma

{"title":"Part 3 Protection, 11 Treaty Standards and their Implementation in National Law","authors":"S Goodwin-GillGuy, McAdam Jane, Dunlop Emma","doi":"10.1093/law/9780198808565.003.0011","DOIUrl":"https://doi.org/10.1093/law/9780198808565.003.0011","url":null,"abstract":"This chapter describes how the main treaties governing the status and treatment of refugees have attracted wide, if not universal acceptance, although they do not in fact either comprehend every refugee known to the world, or, in many cases, offer any but the most basic guarantees. Indeed, both the 1951 Convention and the 1967 Protocol are widely accepted. For those found to qualify, the benefits for which they call are often improved upon in actual practice, and supplemented substantially or filled out by the provisions of regional and related instruments. The Convention and the Protocol represent a point of departure in considering the appropriate standard of treatment of refugees, often exceeded, but still at base proclaiming the fundamental principles of protection, without which no refugee can hope to attain a satisfactory and lasting solution to his or her plight. The chapter examines the provisions of these and related agreements, with a view to determining the appropriate convention standards of treatment applicable to refugees and asylum seekers, whether lawfully or unlawfully in the territory of contracting States.","PeriodicalId":204360,"journal":{"name":"The Refugee in International Law","volume":"3 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116675599","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