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Contemporary Issues in Refugee Law
Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the ‘Arab Awakening’ gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours.
More Information
Contributors
Contents
More Information
Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the ‘Arab Awakening’ gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours.
The concerns over our security are replacing humanitarian concerns over the plight of others. Securitization, exclusion and the internal relocation of genuine refugees are now the favoured polices. Yet, while central idioms of protection, persecution and non-refoulement have changed, there are also new demands on refugee law. The contributors to this book ask whether there are new spheres of protection emerging, for which refugee law must find a clear space, such as the protection of child refugees, trafficked persons, gender-related asylum and conscientious objectors to military service. This timely and valuable book shows that in these uncertain times, refugee law still has an exciting and challenging future ahead.
Contemporary Issues in Refugee Law will appeal to academics, researchers, students and practitioners.
The concerns over our security are replacing humanitarian concerns over the plight of others. Securitization, exclusion and the internal relocation of genuine refugees are now the favoured polices. Yet, while central idioms of protection, persecution and non-refoulement have changed, there are also new demands on refugee law. The contributors to this book ask whether there are new spheres of protection emerging, for which refugee law must find a clear space, such as the protection of child refugees, trafficked persons, gender-related asylum and conscientious objectors to military service. This timely and valuable book shows that in these uncertain times, refugee law still has an exciting and challenging future ahead.
Contemporary Issues in Refugee Law will appeal to academics, researchers, students and practitioners.
Contributors
Contributors: I. Atak, F. Crépeau, C. Dauvergne, C. Harvey, S.S. Juss, S. Kneebone, P. Mathew, S. Mullally, J.M. Pobjoy, J.C. Simeon, R. Wallace
Contents
Contents:
Foreword
Introduction
Satvinder Singh Juss and Colin Harvey
PART I: OF REFUGEE ‘CRISIS’, NORMATIVE ‘SOFT LAWS’ AND ‘HUMAN RIGHTS’
1. Refugee Law as Perpetual Crisis
Catherine Dauvergne
2. The UNHCR Handbook and the Interface between ‘Soft Law’ and ‘Hard Law’ in International Refugee Law
Satvinder Singh Juss
3. Is Humanity Enough? Refugees, Asylum Seekers and the Rights Regime
Colin Harvey
PART II: OF THE ADVENT OF NEW REFUGEES
4. A Child Rights Framework for Assessing the Status of Refugee Children
Jason M. Pobjoy
5. Protecting Trafficked Persons from Refoulement: Re-examining the Nexus
Susan Kneebone
6. Draft Dodger/Deserter or Dissenter? Conscientious Objection as Grounds for Refugee Status
Penelope Mathew
7. Gender Asylum Law: Providing Transformative Remedies?
Siobhán Mullally
PART III: OF THE SECURITIZATION, EXCLUSION AND INTERNAL RELOCATION OF REFUGEES
8. The Securitization of Asylum and Human Rights in Canada and the European Union
Idil Atak and François Crépeau
9. Ethics and the Exclusion of Those who are ‘Not Deserving’ of Convention Refugee Status
James C. Simeon
10. Internal Relocation Alternative in Refugee Status Determination: Is the Risk/Protection Dichotomy Reality or Myth? A Gendered Analysis
Rebecca Wallace
Index
Foreword
Introduction
Satvinder Singh Juss and Colin Harvey
PART I: OF REFUGEE ‘CRISIS’, NORMATIVE ‘SOFT LAWS’ AND ‘HUMAN RIGHTS’
1. Refugee Law as Perpetual Crisis
Catherine Dauvergne
2. The UNHCR Handbook and the Interface between ‘Soft Law’ and ‘Hard Law’ in International Refugee Law
Satvinder Singh Juss
3. Is Humanity Enough? Refugees, Asylum Seekers and the Rights Regime
Colin Harvey
PART II: OF THE ADVENT OF NEW REFUGEES
4. A Child Rights Framework for Assessing the Status of Refugee Children
Jason M. Pobjoy
5. Protecting Trafficked Persons from Refoulement: Re-examining the Nexus
Susan Kneebone
6. Draft Dodger/Deserter or Dissenter? Conscientious Objection as Grounds for Refugee Status
Penelope Mathew
7. Gender Asylum Law: Providing Transformative Remedies?
Siobhán Mullally
PART III: OF THE SECURITIZATION, EXCLUSION AND INTERNAL RELOCATION OF REFUGEES
8. The Securitization of Asylum and Human Rights in Canada and the European Union
Idil Atak and François Crépeau
9. Ethics and the Exclusion of Those who are ‘Not Deserving’ of Convention Refugee Status
James C. Simeon
10. Internal Relocation Alternative in Refugee Status Determination: Is the Risk/Protection Dichotomy Reality or Myth? A Gendered Analysis
Rebecca Wallace
Index
