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In this new book, Jane McAdam and Fiona Chong find that Australia's policies towards refugees have hardened since their bestselling Refugees: Why seeking asylum is legal and Australia's policies are notwas published in 2014. Now, Refugee Rights and Policy Wrongs provides a wholly updated account of Australian refugee law and policy.
This book collects Professor Atle Grahl-Madsen's essays on refugee law and policy in a single volume, including commentary on the principles of refugee law and on important refugee crisis situations. Arranged in chronological order, the compilation of work contains all the author's scholarly English language articles dedicated to the needs and rights of refugees and asylum seekers. The republication of these articles makes an important part of Atle Grahl-Madsen's written work more easily accessible than before. The objective of the book is to provide a new perspective on Grahl-Madsen's approach, his ideas and the results of his research and thinking. As the United Nations High Commissioner for Refugees, Mrs Sadako Ogata, has stated in the foreword: `The timelessness of Professor Grahl-Madsen's writings stems from his conscientious and comprehensive research and his clarity of thought as an analyst His dedication and precision should serve as both an inspiration and aspiration to all who work to defend the rights of the displaced.' The collection shows the extent and quality of Atle Grahl-Madsen's legacy in the field of refugee law and human rights, and demonstrates the diversity of the subject of international refugee law and its relevance to the world in which we live.
Over the past decades, there have been several amendments to the US and Canada's immigration and refugee policies, as well as major developments across the disciplines of international migration and refugee law. This study tackles the Safe Third Country Agreement (STCA) between the US and Canada, which effectively entered into force in the year 2004. The study examines the trajectory of this agreement, the debates and arguments that surrounded it during its early stages, as well as how these debates have evolved alongside developing forced migration realities since the STCA's implementation. It looks into whether or not these developments challenge the STCA, render it ineffective, and consequently put US-Canadian relations into question. It addresses international mechanisms, local realities and bilateral factors, which contribute to the refugee/migration debate between the two states - namely the 1951 Refugee Convention and the 1967 Protocol. It aims to determine the extent to which the international refugee crisis, the Trump Administration, and developments in international law have affected the status of the STCA and subsequently, the relationship between the US and Canada.
The international legal framework of human rights presents itself as universal. But rights do not exist as a mere framework; they are enacted, practiced, and debated in local contexts. Rights After Wrongs ethnographically explores the chasm between the ideals and the practice of human rights. Specifically, it shows where the sweeping colonial logics of Western law meets the lived experiences, accumulated histories, and humanitarian debts present in post-colonial Zimbabwe. Through a comprehensive survey of human rights scholarship, Shannon Morreira explores the ways in which the global framework of human rights is locally interpreted, constituted, and contested in Harare, Zimbabwe, and Musina and Cape Town, South Africa. Presenting the stories of those who lived through the violent struggles of the past decades, Morreira shows how supposedly universal ideals become localized in the context of post-colonial Southern Africa. Rights After Wrongs uncovers the disconnect between the ways human rights appear on paper and the ways in which it is possible for people to use and understand them in everyday life.
What duties do liberal democratic states owe to refugees? Does international refugee law impose unfeasible demands on states? This highly original contribution explores what theories of international ethics have to say about refugee policy. It advances an innovative critique of prevalent liberal approaches, showing how their assumptions about moral agency create unfeasible expectations about international justice. It sets out an alternative theory, showing how this could be more adept at mobilizing commitment to refugee rights. The volume will be of interest not just to scholars and students of applied ethics, but also to those more generally interested in debates on refugee and migration policy. It presents a clear and thorough discussion of liberal political theory and its application to questions of international justice, and provides insights into the philosophical sources of debates on liberal versus restrictive approaches to refugee policy.
Published in 1998. This title brings together 18 essays by a selection of experts in the area of refugee and asylum law and policy. Each essay examines an issue of contemporary interest to those working in the refugee field in the UK. They have been selected from papers presented at a highly successful conference on Refugee Rights and Realities which was held at the University of Nottingham in November 1996, organized by the Human Rights Law Centre at the University and funded by the Airey Neave Trust. The essays are organised into two sections. The first covers issues of legal process and policy ranging from the development of asylum law and policy in the UK to the country’s obligations under international law. Special emphasis is placed on the most recent developments surrounding the 1996 Asylum and Immigration Act. The second section provides the context for a more detailed examination of the social, health and welfare issues relevant to refugees and asylum seekers. These range from access to health care, housing rights and the education of refugees in London to questions of language and of race relations.
The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.