International Journal of Refugee Law最新文献_第4页

Statelessness, Inability or Unwillingness to Return, and the ‘Country of His Former Habitual Residence’ as the Country of Reference for the Purposes of Article 1A(2) of the 1951 Convention relating to the Status of Refugees 无国籍、无法或不愿返回，以及1951年《关于难民地位的公约》第1A（2）条所指的“其原居住地国”

IF 1.2

International Journal of Refugee Law Pub Date : 2023-03-08 DOI: 10.1093/ijrl/eeac046

E. Fripp

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73rd Session of the Executive Committee of the High Commissioner’s Programme Statement by Gillian Triggs 高级专员执行委员会第七十三届会议上吉莉安·特里格斯的方案声明

International Journal of Refugee Law Pub Date : 2023-03-01 DOI: 10.1093/ijrl/eead015

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The Rights of Refugees under International Law 国际法下的难民权利

International Journal of Refugee Law Pub Date : 2023-03-01 DOI: 10.1093/ijrl/eead011

Rodolfo Ribeiro C Marques

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Evaluating the Indian Refugee Law Regime: How Has the Judiciary Responded to Refugee Claims in Light of International Law Obligations, and How Can It Do Better? 评估印度难民法律制度:司法机构如何根据国际法义务回应难民要求，以及如何做得更好?

International Journal of Refugee Law Pub Date : 2023-03-01 DOI: 10.1093/ijrl/eead013

Aishwarya Birla

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High Commissioner’s Opening Statement to the 73rd Session of the UNHCR Executive Committee 高级专员在难民专员办事处执行委员会第七十三届会议上的开幕词

International Journal of Refugee Law Pub Date : 2023-03-01 DOI: 10.1093/ijrl/eead014

Filippo Grandi

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Case Law Summaries 判例法摘要

International Journal of Refugee Law Pub Date : 2023-03-01 DOI: 10.1093/ijrl/eead012

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Applying the ‘Ceased Circumstances’ Cessation Clause: More Politics than Law? 适用“已终止情形”终止条款:政治多于法律?

International Journal of Refugee Law Pub Date : 2023-03-01 DOI: 10.1093/ijrl/eead016

Georgia Cole

{"title":"Applying the ‘Ceased Circumstances’ Cessation Clause: More Politics than Law?","authors":"Georgia Cole","doi":"10.1093/ijrl/eead016","DOIUrl":"https://doi.org/10.1093/ijrl/eead016","url":null,"abstract":"Abstract Drawing on a detailed history of the ‘ceased circumstances’ cessation clause that was invoked for Eritrean refugees in 2002, this article highlights why the starting point for any analysis of the application of article 1C(5) of the 1951 Convention relating to the Status of Refugees must focus as much on politics as on law. This is not only because of the impossibility of insulating States and the United Nations High Commissioner for Refugees (UNHCR) from the political pressures that surround any determination of ‘ceased circumstances’ in a particular country, but also because the very standards on which such a determination rests are inherently relational, circumstantial, and political. Despite guidelines on the application of the clause promoting an ‘objective and verifiable’ approach, they rest on assessments of a ‘functioning’ government and ‘effective’ protection, of acceptable standards of human rights, and of the ‘best interests’ of refugees, all of which are geographically and historically contingent. The article thus argues that focusing on the legal standards that ostensibly underpin any invocation of article 1C(5) may perpetuate the fallacy that these standards can ever be objectively determined and, in focusing attention on how to better clarify these thresholds and conditions, this approach may, in certain instances, divert attention from confronting the political pressures that govern the application of the clause.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135529142","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

Turning Points in International Protection: Onwards and Upwards, or U-Turns and Roundabouts? 国际保护的转折点:向前和向上，还是掉头和回旋?

International Journal of Refugee Law Pub Date : 2023-03-01 DOI: 10.1093/ijrl/eead005

Jane McAdam

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

International Journal of Refugee Law Pub Date : 2023-03-01 DOI: 10.1093/ijrl/eead009

Hugo Storey

引用次数: 0

Health Emergency and Asylum Law in the European Union 欧洲联盟的紧急卫生和庇护法

IF 1.2

International Journal of Refugee Law Pub Date : 2023-02-17 DOI: 10.1093/ijrl/eeac043

S. Nicolosi

{"title":"Health Emergency and Asylum Law in the European Union","authors":"S. Nicolosi","doi":"10.1093/ijrl/eeac043","DOIUrl":"https://doi.org/10.1093/ijrl/eeac043","url":null,"abstract":"\u0000 The rapid spread of COVID-19 in Europe has led to the further deterioration of the crisis concerning the application of the provisions of European Union (EU) asylum law in most Member States. Accordingly, this article aims to shed light on the impact that the health emergency is having on the Common European Asylum System (CEAS). This requires a twofold legal analysis. First, the article discusses whether health emergencies, like that caused by COVID-19, should affect the scope of States’ obligations stemming from the CEAS, such as the principle of non-refoulement and access to asylum procedures. In this connection, it reviews, in light of international law obligations and the EU border control regime, the policy responses and legislative measures adopted by EU Member States during the first few weeks of the pandemic that resulted in the closure of borders to asylum seekers. Secondly, the article investigates whether the CEAS legal toolbox contains adequate provisions that can be applied in emergency situations. Thus it analyses the impact of the health emergency on reception conditions for asylum seekers. Based on the findings of this twofold analysis, it is concluded that certain rights, such as the right to seek asylum, cannot be suspended – not even during a situation of health emergency – and that it is all the more urgent to redesign a CEAS that takes account of the challenges posed by future situations of health emergency.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46203039","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