International Journal of Refugee Law最新文献_第8页

Nationality, Protection, and ‘the Country of His Nationality’ as the Country of Reference for the Purposes of Article 1A(2) of the 1951 Convention relating to the Status of Refugees 就1951年《关于难民地位的公约》第1A(2)条而言，国籍、保护和“其国籍国”作为参照国

IF 1.2

International Journal of Refugee Law Pub Date : 2021-10-18 DOI: 10.1093/ijrl/eeab037

E. Fripp

{"title":"Nationality, Protection, and ‘the Country of His Nationality’ as the Country of Reference for the Purposes of Article 1A(2) of the 1951 Convention relating to the Status of Refugees","authors":"E. Fripp","doi":"10.1093/ijrl/eeab037","DOIUrl":"https://doi.org/10.1093/ijrl/eeab037","url":null,"abstract":"\u0000 The 1951 Convention relating to the Status of Refugees assumes States to be dominant actors in the international system, important in the refugee law context as potential sources of risk and/or of protection. In the refugee definition at article 1A(2), the nationality (or absence of nationality) of the individual is a central consideration. Entitlement to protection turns in significant part upon whether an individual is ‘outside the country of his nationality’ and ‘unable or … unwilling to avail himself of the protection of that country’ for relevant reason. The phrase ‘the country of his nationality’ is clarified later, in the second paragraph of that article 1A(2), as meaning each country of nationality, where an individual possesses more than one nationality. In contrast, an individual ‘not having a nationality’ is assessed by reference to inability or unwillingness, for qualifying reason, ‘to return to’ a country defined by past residence, not nationality – ‘the country of his former habitual residence’.\u0000 This article examines the underlying significance of States to international refugee law as potential sources both of threat and of protection, and considers the article 1A(2) definition in the case of persons with a nationality, resting on the individual’s position as regards ‘the country of his nationality’. In doing so, it identifies particular national approaches that have treated the concept either as including countries of which an individual is not a national, but to which there is some presumed or real relationship, or as inapplicable to a State of nationality that does not provide a particular level of protection. It then considers the interpretation of the article 1A(2) definition in the case of individuals possessing multiple nationality and, in particular, whether the definition requires that a well-founded fear of persecution for relevant reason must relate directly to every country of nationality before a right to international protection arises.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44053420","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: 1

Southeast Asia and the 1951 Convention relating to the Status of Refugees: Substance without Form? 东南亚与1951年《关于难民地位的公约》:没有形式的实质?

IF 1.2

International Journal of Refugee Law Pub Date : 2021-10-11 DOI: 10.1093/ijrl/eeab035

S. Moretti

{"title":"Southeast Asia and the 1951 Convention relating to the Status of Refugees: Substance without Form?","authors":"S. Moretti","doi":"10.1093/ijrl/eeab035","DOIUrl":"https://doi.org/10.1093/ijrl/eeab035","url":null,"abstract":"\u0000 The 1951 Convention relating to the Status of Refugees, supplemented by its 1967 Protocol, is the most comprehensive and universal instrument adopted to date to safeguard the fundamental rights of refugees and to regulate their status in countries of asylum. Yet, 70 years after its adoption, many countries – most of them in Asia – are unwilling to accede to it. Focusing on the ASEAN States, this article explores the reasons behind Southeast Asia’s resistance to the Refugee Convention, thereby highlighting some of its limitations. Contrary to the so-called ‘rejection’ of the international refugee law approach that currently prevails in the region, this article argues that Southeast Asian States have long recognized that refugees, as defined in the Refugee Convention, need protection. This is evidenced by their de facto different treatment of refugees compared to other irregular migrants, especially when it comes to arrest, detention, and deportation. The fact that non-signatory States act in conformity with the provisions of a treaty by which they are not bound reinforces the relevance of the Convention, if not as a formal source of obligation, at least as a model to delineate the contours of refugee protection. Somewhat ironically, their practice also contributes to the strengthening of international refugee law.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45832041","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: 3

The International Organization for Migration: The New ‘UN Migration Agency’ in Critical Perspective 国际移民组织:批判视角下的新“联合国移民机构”

IF 1.2

International Journal of Refugee Law Pub Date : 2021-10-01 DOI: 10.1093/ijrl/eeac002

Jeff Crisp

引用次数: 0

UNHCR Policy on the Prevention of, Risk Mitigation, and Response to Gender-Based Violence (GBV) 联合国难民署关于预防、减轻风险和应对基于性别的暴力的政策

IF 1.2

International Journal of Refugee Law Pub Date : 2021-10-01 DOI: 10.1093/ijrl/eeac006

引用次数: 8

Between Martyrdom and Silence: Dissent, Duress, and Persecution as the Suppression of Human Rights under the Refugee Convention 在殉难与沉默之间:异议、胁迫与迫害是《难民公约》下对人权的压制

IF 1.2

International Journal of Refugee Law Pub Date : 2021-08-11 DOI: 10.1093/ijrl/eeab025

D. Wilsher

{"title":"Between Martyrdom and Silence: Dissent, Duress, and Persecution as the Suppression of Human Rights under the Refugee Convention","authors":"D. Wilsher","doi":"10.1093/ijrl/eeab025","DOIUrl":"https://doi.org/10.1093/ijrl/eeab025","url":null,"abstract":"\u0000 A real risk of death, torture, violence, or arbitrary detention is generally sufficient to satisfy ‘persecution’ under the Refugee Convention. Where, however, physical harm will only arise if a claimant were to exercise certain human rights upon return, jurisprudential uncertainty reigns. Only a few individuals are impelled to become ‘martyrs’ through open dissent. Courts strongly endorse these dissenters’ entitlement to international protection even if they could avoid retribution through self-censorship. A second group – ‘a silent minority’ – are those who would actually refrain from exercising their rights to avoid physical harm. Most jurisprudence appears to accept that such a situation may sometimes amount to persecution. Unlike martyrs, however, these claimants are required to meet control devices based upon the severity of the human rights restriction, and/or the mental effects of self-censorship on the claimant. These are, however, both arbitrary and unprincipled. This article argues the real harm felt by martyrs and the silent minority is the same: the forcible suppression of their enjoyment of human rights. Importantly, the United Nations High Commissioner for Refugees’ approach to military service, religious, and sexuality cases already embodies this principle. To generalize, this ‘suppressive’ persecution arises when (a) claimants sincerely wish to engage in actions which (b) are international human rights entitlements and (c) they face objective conditions of sufficient duress such that they cannot reasonably assert their rights through civil disobedience. When States or private actors suppress the exercise of rights by duress in this way, those affected suffer a denial of rights amounting to persecution. This analysis should apply whether a claimant would be a martyr or would be intimidated into self-censorship.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43073034","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

The Limits of Static Interests: Appreciating Asylum Seekers’ Contributions to a Country’s Economy in Article 8 ECHR Adjudication on Expulsion 静态利益的限制:从《欧洲人权公约》第8条驱逐裁决看寻求庇护者对一国经济的贡献

IF 1.2

International Journal of Refugee Law Pub Date : 2021-07-30 DOI: 10.1093/ijrl/eeab023

Adel-Naim Reyhani, Gloria Golmohammadi

引用次数: 1

State Responsibility for Protracted Displacement: An International Legal Approach to Durable Solutions 国家对长期流离失所的责任：持久解决办法的国际法律途径

IF 1.2

International Journal of Refugee Law Pub Date : 2021-06-29 DOI: 10.1093/ijrl/eeab014

Mansha Mohee

{"title":"State Responsibility for Protracted Displacement: An International Legal Approach to Durable Solutions","authors":"Mansha Mohee","doi":"10.1093/ijrl/eeab014","DOIUrl":"https://doi.org/10.1093/ijrl/eeab014","url":null,"abstract":"\u0000 Since the Second World War, displacement has become increasingly protracted and return is in decline. Despite calls for greater international responsibility sharing, many displaced people are subject to a legal limbo, lacking recognition and reparation in international law. This article seeks to establish the legal contours of protracted displacement as an internationally wrongful act that can engage the responsibility of States of origin and result in redress for those displaced. The article argues that there is evidence of a customary international law right of return, which requires States to facilitate voluntary repatriation and provide restitution. Facilitation includes refraining from preventing or obstructing return, suppressing acts of retribution or discrimination, and addressing root causes of displacement. Restitution includes property restitution, compensation for material and moral damages as well as reintegration and reconciliation measures, and offering effective models for return. The article concludes that the progressive development and codification of the law on forced displacement should address temporality, the qualities of return, and the alleviation of extant crises.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42647535","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: 3

Case Law Summaries 判例法摘要

IF 1.2

International Journal of Refugee Law Pub Date : 2021-06-10 DOI: 10.1093/ijrl/eeab005

引用次数: 0

Short Shrift to International Non-Refoulement Obligations? Australia’s Approach to Criminal Deportation 忽视国际不驱回义务?澳大利亚对刑事驱逐出境的做法

IF 1.2

International Journal of Refugee Law Pub Date : 2021-04-29 DOI: 10.1093/IJRL/EEAB008

C. Bostock, J. Cabarrús

{"title":"Short Shrift to International Non-Refoulement Obligations? Australia’s Approach to Criminal Deportation","authors":"C. Bostock, J. Cabarrús","doi":"10.1093/IJRL/EEAB008","DOIUrl":"https://doi.org/10.1093/IJRL/EEAB008","url":null,"abstract":"\u0000 Australia’s Migration Act 1958 (Cth) provides for visas that honour Australia’s international non-refoulement obligations; it also provides for visas to be refused or cancelled on criminal grounds, resulting in removal from Australia. In 2014, Australia introduced mandatory visa cancellation for certain criminal non-citizens sentenced to 12 months or more in prison. Coinciding with these changes was the codification of aspects of refugee and human rights law, the severing of references to the 1951 Convention relating to the Status of Refugees, and the introduction of section 197C in the Migration Act, which provides that non-refoulement obligations are irrelevant when considering the power to remove non-citizens. This article focuses on the interaction between these changes in the law, analysing the application of the complex legal provisions which govern the legal position of those seeking protection or owed international non-refoulement obligations.\u0000 This analysis identifies a number of unintended consequences that appear to have resulted from these changes. These include risks that Australia’s international non-refoulement obligations may not be adequately considered or safeguarded, resulting in serious consequences for the individual concerned, including the possibility of indefinite detention or refoulement. They also include implications for the rule of law, and uncertainty, delay, and cost in aspects of the system for decision making and review.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43285669","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

Asylum Decisions as Performances: Intertextuality in Internal Credibility Assessment 庇护决定作为表演:内部可信度评估的互文性

IF 1.2

International Journal of Refugee Law Pub Date : 2021-04-22 DOI: 10.1093/IJRL/EEAB001

Erna Bodström

{"title":"Asylum Decisions as Performances: Intertextuality in Internal Credibility Assessment","authors":"Erna Bodström","doi":"10.1093/IJRL/EEAB001","DOIUrl":"https://doi.org/10.1093/IJRL/EEAB001","url":null,"abstract":"\u0000 This article shows how the Finnish Immigration Service approaches internal credibility assessment in asylum decisions. The internal credibility assessment is one of the most important parts of the asylum process, since it aims to assess the truthfulness of the asylum applicant’s account, customarily through evaluation of the level of detail, coherence, and sense of personal telling. If the account is not accepted as truthful, the applicant may not be granted asylum. In general, the internal credibility assessment is based on the asylum interview documented in the asylum record. The current study analyses 44 asylum decisions and the corresponding interview records to see how the internal credibility assessment is intertextually constructed in the decisions. The article shows that referring to detail seems to be used as a shorthand in the decisions to reject the applicant’s account, since it is used both in cases where the questions of the interviewer have been general, and in cases where the issue seems rather to be one of consistency in either the interview or the decision. The article further shows how the decisions portray the assumptions of the decision maker as more neutral, objective, and credible than those of the asylum applicant. Overall, the article argues that the asylum decisions become performances in which the form and internal argumentation may become more important than the intertextual coherence of the asylum case.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":"1 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/IJRL/EEAB001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41483991","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: 5