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Research Handbook on International Refugee Law
In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.
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Critical Acclaim
Contributors
Contents
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In recent years the UNHCR has expressed increasing concern at how war, violence and persecution have resulted in an age of unprecedented mass displacement. The global financial crisis, the rise of populist leaders, and the growth of anti-EU parties, raises the need to interrogate the ‘refugee’, ‘migrant’, ‘citizen’, ‘stateless’, ‘legal’, and ‘illegal’ as concepts. This Research Handbook maintains that refugees need to be seen as core indicators of the failure of national, international, economic, and political governance, and provides critical analyses of the legal ordering of refugees, giving a glimpse at what the future of refugee law could – and should – look like.
Bringing together experts in the field, the innovative and groundbreaking chapters provide a critical perspective on the legal landscape for refugees at a time when the politics and legitimacy of transnational regulatory governance are in question as never before. In an age of growing ethnic nationalism and anti-immigrant rhetoric, the contributing authors examine key issues surrounding refugees and migration, and build a new outlook on social justice, as the post-war international order ends.
With its informative analysis and moving accounts, this Research Handbook will be a critical tool for students of law, especially those with an interest in human rights and migration. Its insights will also be valuable for policy practitioners and policymakers.
Bringing together experts in the field, the innovative and groundbreaking chapters provide a critical perspective on the legal landscape for refugees at a time when the politics and legitimacy of transnational regulatory governance are in question as never before. In an age of growing ethnic nationalism and anti-immigrant rhetoric, the contributing authors examine key issues surrounding refugees and migration, and build a new outlook on social justice, as the post-war international order ends.
With its informative analysis and moving accounts, this Research Handbook will be a critical tool for students of law, especially those with an interest in human rights and migration. Its insights will also be valuable for policy practitioners and policymakers.
Critical Acclaim
‘. . . he has also brought into the Handbook new issues and debates that have arisen in the context of the changing politics around refugees. The book brings to the forefront the clear uncertainty surrounding many of the issues. I found the book compelling and engaging. . . the topics examined in the Handbook are interesting,and the Handbook is a useful reference tool or introduction to specific topics, issues and debates. The book will benefit academic researchers, postgraduate students, government officials, practising lawyers and lawyers who work in policy. I would recommend this book as a useful guide for the ongoing process of challenging and rethinking refugee law as a whole.’
– Nandi Rayner, South African Law Journal
– Nandi Rayner, South African Law Journal
Contributors
Contributors: S. Barichello, M. Bolhuis, E. Bruce-Jones, E. Darling, M. Giuffre, C. Higgins, Y. Holiday, N. Honkala, M. Ineli-Ciger, S. Juss, T. Khan, J. Lehman, P. Mathew, J. Mitchell, R. Moffatt, V. Moreno-Lax, B. Ní Ghráinne, K. Ogg, J. Rikhoff, J. Schultz, M. Scott, J. Simeon, S. Singer, V. Stoyanova, N.F. Tan, S. Taylor, J. Wessels, J. Wijk, T. Wood
Contents
Contents:
Preface
Part I Refugees, Displaced Persons & the rise of Temporary Protection
1. At the Crossroads: The 1951 Convention Today
Julian Lehman
2. The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa
Tamara Wood
3. Internally Displaced Persons
Bríd Ní Ghráinne
4. In-Country Programs
Claire Higgins
5. Temporary Protection of Forced Migrants
Meltem Ineli-Ciger
Part II Burden-sharing, Internal Relocation & the shift to Cooperation Agreements
6. Burden-Sharing in Refugee Law
Eddie Bruce-Jones
7. The Rise of Consensual Containment
Giuffre and Moreno-Lax
8. Responsibility-Sharing in Latin America
Stefania Barichello
9. The Internal Protection Alternative and its Relation to Refugee Status
Jessica Schultz
10. Gatekeepers of Asylum
Satvinder Juss and Jeni Mitchell
11. International Models of Deterrence and the Future of Access to Asylum
Nikolas Feith Tan
Part III Non-Refoulement of Refugees and their Non-Penalisation
12. What is the Future of Non-Refoulement in International Refugee Law?
James Simeon
13. Constructive Refoulement
Pene Mathew
14. The Prosecution of Asylum-Seekers
Yewa Holiday
15. Australia & the Refugee Convention.
Savitri Taylor
Part IV Family Re-Union, Gender Discrimination, Gay Rights, Human Trafficking and Climate Refugees
16. The Rights to Refugee Family Reunion
Emily Darling
17. The Art of Drawing Lines
Janna Wessels
18. The Rights of Women Seeking Asylum
Nora Honkala
19. Sexual Orientation and Refugee law
Tawseef Khan
20. Human Trafficking and Refugee Law
Vladislava Stoyanova
21. Climate Refugees and the 1951 Convention
Matthew Scott
Part V The Exclusion and Rejection of Refugees
22. New Directions in Article 1D Jurisprudence
Kate Ogg
23. The War on Terror and Refugee Law
Sarah Singer
24. The Exclusion Clauses in Refugee Law
Joseph Rikhoff
25. The Removal of Undesirable Asylum Seekers
Joris Wijk and Maarten Bolhuis
26. Reviewing Review
Rowena Moffatt
Index
Preface
Part I Refugees, Displaced Persons & the rise of Temporary Protection
1. At the Crossroads: The 1951 Convention Today
Julian Lehman
2. The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa
Tamara Wood
3. Internally Displaced Persons
Bríd Ní Ghráinne
4. In-Country Programs
Claire Higgins
5. Temporary Protection of Forced Migrants
Meltem Ineli-Ciger
Part II Burden-sharing, Internal Relocation & the shift to Cooperation Agreements
6. Burden-Sharing in Refugee Law
Eddie Bruce-Jones
7. The Rise of Consensual Containment
Giuffre and Moreno-Lax
8. Responsibility-Sharing in Latin America
Stefania Barichello
9. The Internal Protection Alternative and its Relation to Refugee Status
Jessica Schultz
10. Gatekeepers of Asylum
Satvinder Juss and Jeni Mitchell
11. International Models of Deterrence and the Future of Access to Asylum
Nikolas Feith Tan
Part III Non-Refoulement of Refugees and their Non-Penalisation
12. What is the Future of Non-Refoulement in International Refugee Law?
James Simeon
13. Constructive Refoulement
Pene Mathew
14. The Prosecution of Asylum-Seekers
Yewa Holiday
15. Australia & the Refugee Convention.
Savitri Taylor
Part IV Family Re-Union, Gender Discrimination, Gay Rights, Human Trafficking and Climate Refugees
16. The Rights to Refugee Family Reunion
Emily Darling
17. The Art of Drawing Lines
Janna Wessels
18. The Rights of Women Seeking Asylum
Nora Honkala
19. Sexual Orientation and Refugee law
Tawseef Khan
20. Human Trafficking and Refugee Law
Vladislava Stoyanova
21. Climate Refugees and the 1951 Convention
Matthew Scott
Part V The Exclusion and Rejection of Refugees
22. New Directions in Article 1D Jurisprudence
Kate Ogg
23. The War on Terror and Refugee Law
Sarah Singer
24. The Exclusion Clauses in Refugee Law
Joseph Rikhoff
25. The Removal of Undesirable Asylum Seekers
Joris Wijk and Maarten Bolhuis
26. Reviewing Review
Rowena Moffatt
Index
