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Helene Lambert - One of the best experts on this subject based on the ideXlab platform.

  • The Global Reach of European Refugee Law - The global reach of European Refugee Law
    2013
    Co-Authors: Helene Lambert, Jane Mcadam, Maryellen Fullerton
    Abstract:

    1. Introduction: European Refugee Law and transnational emulation Helene Lambert 2. Migrating Laws? The 'plagiaristic dialogue' between Europe and Australia Jane McAdam 3. European influence on asylum practices in Latin America: accelerated procedures in Colombia, Ecuador, Panama and Venezuela David Cantor 4. A safe country to emulate? Canada and the European Refugee Audrey Macklin 5. Between East and West: the case of Israel Dallal Stevens 6. Is Switzerland an EU member state? Asylum Law harmonization through the backdoor Vincent Chetail and Celine Bauloz 7. The impact of European Refugee Law on regional, sub-regional and national planes in Africa Marina Sharpe 8. Stealth emulation: the United States and European protection norms Maryellen Fullerton 9. The vanishing Refugee: how EU asylum Law blurs the specificity of Refugee protection Jean-Francois Durieux 10. Conclusion: Europe's normative power in Refugee Law Helene Lambert.

  • the limits of transnational Law Refugee Law policy harmonization and judicial dialogue in the european union
    2010
    Co-Authors: Guy S Goodwingill, Helene Lambert
    Abstract:

    1. Introduction: transnational Law, judges, and Refugees in the European Union H. Lambert 2. Where is the reference? On the limited role of transnational dialogue in Belgian Refugee Law J.-Y. Carlier and D. Vanheule 3. The use of foreign asylum jurisprudence in the German administrative courts P. Tiedemann 4. Foreign Law in Swedish judicial decision-making: still a rare occurrence R. Stern 5. Foreign asylum Law in Denmark - dualist tradition and domestic focus J. Vedsted-Hansen 6. Transnational Refugee Law in the French courts: deliberate or compelled change in judicial attitudes? H. Lambert and J. Silga 7. Thou shalt not judge... Spanish judicial decision-making in asylum and the role of judges in interpreting the Law M.-T. Gil-Bazo 8. The solipsistic monologue of Italian authorities F. Messineo 9. The British judiciary and the search for reciprocal relations with its continental partners H. Lambert, with the assistance of R. Husain 10. Judicial dialogue and Refugee determination in Irish Law: talking across borders S. Mullally 11. Conclusion: one true way G. S. Goodwin-Gill.

  • International Refugee Law: dominant and emerging approaches
    Social Science Research Network, 2009
    Co-Authors: Helene Lambert
    Abstract:

    International Refugee Law scholarship has long been dominated by a positivist tradition. Within this tradition, the human rights approach has now become the dominant approach. However, states and the formal agreements they agree to get us only so far in explaining how Refugee Law is created and how it develops. There is another layer of explanation that looks into transnational activities and their effect on how Law is shaped, interpreted, applied and developed. This chapter therefore also explores two further emerging approaches in Refugee Law: the transnational approach and the participatory approach. It argues that whereas the dominant human rights approach focuses mainly on sources and contents of rules (and their enforcement), both the transnational and participatory approaches are useful in capturing the complexities of the process of Law formation and Law development by looking more specifically at networks and other participants in the process of Law-making. The challenge of contemporary international Refugee Law is to recognize more explicitly the role of such networks and the soft-Law and norms that they often produce.

  • International Refugee Law
    Routledge Handbook of International Law, 1
    Co-Authors: Helene Lambert
    Abstract:

    Contents: Introduction Part I Historical Perspective: 'We Refugees' Hannah Arendt Territorial asylum, Paul Weis The end of asylum? The changing nature of Refugee policies in Africa, Bonaventure Rutinwa A reconsideration of the underlying premise of Refugee Law, James C. Hathaway UNCHR's contribution to the development of international Refugee Law: its foundations and evolution, Corrine Lewis The politics of Refugee protection, Guy S. Goodwin-Gill. Part II The 1951 Refugee Convention: Key Provisions and Implementation: Who is a Refugee?, Andrew E. Schacknove Troubled communication: cross-cultural misunderstandings in the asylum-hearing, Walter KAlin Non-refoulement and the new asylum seekers, Guy S. Goodwin-Gill Revitalizing the 1951 Refugee Convention, Joan Fitzpatrick. Part III Refugee Law and Its Relationship with International Human Rights Law, International Humanitarian Law and International Criminal Law: Refugee Law, gender, and the human rights paradigm, Deborah E. Anker Seeking asylum under the Convention on the Rights of the Child: a case for complementary protection, Jane McAdam The cross-fertilization of international humanitarian Law and international Refugee Law, Stephane Jaquemet. Part IV EU Dimension of Refugee Law: The Europeanisation of Europe's asylum policy, Elspeth Guild Is Europe living up to its obligations to Refugees?, Geoff Gilbert Understanding Refugee Law in an enlarged European Union, Rosemary Byrne, Gregor Noll and Jens Vedsted-Hansen Transnational judicial dialogue, harmonization and the common European asylum system, HA(c)lAne Lambert. Part V Challenges and Perspectives on the Future: Reforming the international Refugee regime: a dialogic model, B.S. Chimni Free movement and the world order, Satvinder S. Juss Human security and the rights of Refugees: transcending territorial and disciplinary borders, Alice Edwards. Name Index.

François Crépeau - One of the best experts on this subject based on the ideXlab platform.

Sara E. Davies - One of the best experts on this subject based on the ideXlab platform.

  • Legitimising Rejection: International Refugee Law in Southeast Asia
    2007
    Co-Authors: Sara E. Davies
    Abstract:

    The 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees are the two primary international legal instruments that states use to process asylum seekers' claim to Refugee status. However, in Southeast Asia only two states have acceded to these instruments. This is seemingly paradoxical for a region that has been host to a large number of asylum seekers who, as a result, are forced to live as ‘illegal migrants’. This book examines the region's continued rejection of international Refugee Law through extensive archival analysis and argues that this rejection was shaped by the region’s response to its largest Refugee crisis in the post-1945 era: the Indochinese Refugee crisis from 1975 to 1996. The result is a seminal study into Southeast Asian's relationship with international Refugee Law and the impact that this has had on states surrounding the region, the UNHCR and the asylum seekers themselves.

  • The Asian Rejection? International Refugee Law in Asia
    Australian Journal of Politics & History, 2006
    Co-Authors: Sara E. Davies
    Abstract:

    The majority of Asian states have not signed onto the major international Refugee Law instruments which promote Refugee recognition and protection. Yet, second to Africa, the Asian region has had the highest number of Refugees since the Second World War. Three explanations are usually offered to explain this puzzle -"good neighbourliness", "economic costs" and "social disruption". In this article I argue that each is fLawed in important ways and then develop an alternative by explaining how limited Asian involvement in the drafting of international Refugee Law has led Asian states to reject Eurocentric Refugee recognition practices.

  • ‘Truly’ International Refugee Law? Or Yet Another East/West Divide?
    2002
    Co-Authors: Sara E. Davies
    Abstract:

    In the recent literature on international Refugee Law (Martin 1997, Goodwin-Gill 1996, Kourula 1999) there is a predominant assumption that it is indeed international. However, it is clear that the main possibilities of Refugee Law come from state adherence and obligation to it. The will of the Western states to practice international Refugee Law has been questioned in the last two decades (Feller 2001, Loescher 1993, Chowdhury 2001, Chimni 1998), but very little has been written about the role of Asian and developing states in international Refugee Law. In this paper, I present a brief history of the formation of international Refugee Law. I show that ‘East’ and ‘West’ (Said 1978) have taken up very different positions in relation to Refugees, and that this has significant implications in the present day. The possibilities of international Refugee Law are limited by an East/West divide.

  • 'Truly' International Refugee Law? Or Yet Another East/West Divide?
    Social alternatives, 2002
    Co-Authors: Sara E. Davies
    Abstract:

    In the recent literature on international Refugee Law, there is a predominant assumption that it is indeed international. However, it is clear that the main possibilities for Refugee Law come from state adherence and obligation to it. The will of the Western states to practise international Refugee Law has been questioned in the last two decades, but very little has been written about the role of Asian and developing states in international Refugee Law. In this paper, I present a brief history of the formation of international Refugee Law. I argue that 'East' and 'West' have taken up very different positions in relation to Refugees, and that this has significant implications in the present day. The possibilities of international Refugee Law are limited by the East/West divide.

Satvinder Juss - One of the best experts on this subject based on the ideXlab platform.

  • Detention and Delusion in Australia's Kafkaesque Refugee Law
    Social Science Research Network, 2016
    Co-Authors: Satvinder Juss
    Abstract:

    Under international Refugee Law, there is provision for a State to deny protection to persons who might otherwise qualify for Refugee status where their actions render them unworthy of it. In Australia an ‘adverse security assessment’ under the Australian Security and Intelligence Organisation 1979 allows the state to take ‘prescribed administrative action’ against a person in order to satisfy the ‘requirements of security’ so as to include indefinite detention of a person who otherwise may qualify for Refugee status under international Law. The reliance by the government on what is tantamount to amounting to a very broad ‘character test’ in order to effect detention of genuine asylum-seekers has been described as ‘Kafqueskue’ and ‘schizophrenic’ by seasoned observers even within Australia itself. Less well remarked upon is the way in which the Australian system deems people to be ‘undesirable’ once they are deemed to pose a direct or indirect threat to national security and then become ‘unremovable’ because if they satisfy the Refugee definition, are at risk of ill-treatment, and cannot be returned, there is little that can be done to them except to detain them indefinitely. This article draws that link and highlights the potential pitfalls for the Australian system for pursuing such a risky policy in Refugee Law.

  • Sexual Orientation and the Sexualisation of Refugee Law
    International Journal on Minority and Group Rights, 2015
    Co-Authors: Satvinder Juss
    Abstract:

    It is now clear that hj (Iran) in 2010 left many questions unresolved. The development of the Law was not consistent with customary international Law, ‘sexual orientation rights’ were unjustifiably elevated above political and religious rights in Refugee Law, ‘social pressures’ leading to ‘living discreetly’ could not be distinguished so easily from ‘political pressures’, and the steps required for proof of sexuality to be established were left unexplained by the uk Supreme Court. As a result, and as this article shows, the Refugee become a space for politics, not as an exception to politics, the world became divided into territorial spaces and places of ‘barbarism’ and ‘civility’, Orientalist mappings showed a world incapable of self-governance and in turmoil – and the orientation of Refugee Law became altogether more ‘sexualised’.

  • The Notion of Complicity in UK Refugee Law
    Social Science Research Network, 2014
    Co-Authors: Satvinder Juss
    Abstract:

    In recent years, UK case Law has analysed the arrival of new terms in Refugee Law, which determine a person’s complicity in the commission of a crime falling under the exclusion clauses of the Convention Relating to the Status of Refugees. These terms have included concepts of ‘individual responsibility’, ‘individually responsible for the crime’, and ‘otherwise participate in the commission of crimes’, which are drawn from international criminal Law. This article traces the use of these terms in the modern Law relating to the exclusion from Refugee status and suggests that a simple standard of identifying ‘a sufficient level of participation on the part of the individual to fix him with the relevant liability’ should be uniformly adopted in cases of complicity.

  • Contemporary Issues in Refugee Law
    2013
    Co-Authors: Satvinder Juss, Colin Harvey
    Abstract:

    Contents: Foreword Introduction 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? Siobhan 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 Francois Crepeau 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

Hilary Hardcastle - One of the best experts on this subject based on the ideXlab platform.