27. International refugee law

2017 ◽  
Author(s):  
Alice Edwards
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Refugee Status ◽  
International Human Rights ◽  
Refugee Law ◽  
International Human ◽  
International Refugee Law ◽  
Definition Of ◽  
The Relationship

This chapter first explains the purpose and scope of international refugee law. It then identifies the five fundamental elements of the Refugee Convention, and discusses other important parameters of international refugee law more broadly. The chapter explores the relationship between international refugee law and human rights law at the macro-level. It analyses specific aspects of refugee law—namely, the definition of a refugee, the prohibition of refoulement, refugee rights, and the ending of refugee status and solutions—and analyses how international human rights law informs them.

scholarly journals Crossing borders between International Refugee Law and International Human Rights Law in the European context: Can human rights enhance protection against persecution based on sexual orientation (and beyond)?

2019 ◽  
Vol 37 (4) ◽  
pp. 359-378
Author(s):  
Carmelo Danisi
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Sexual Minorities ◽  
Geneva Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Refugee Law ◽  
International Human ◽  
International Refugee Law

In the last decades, international refugee law (‘IRL’) and international human rights law (‘IHRL’) have increasingly taken into account sexual minorities’ needs. Despite not being one of the grounds of persecution under the 1951 Geneva Convention on the Status of Refugees, sexual orientation has been identified as a relevant factor for the recognition of refugee status for more than twenty years. In parallel, IHRL has evolved to a point where sexual minorities are more fully included within the scope of rights and freedoms set forth in universal and regional human rights treaties, especially via the prohibition of discrimination. Yet, strange as it may seem, this simultaneous evolution has not always led to a fruitful intersection between IRL and IHRL, even in terms of interpretation despite what the Law of Treaties requires. Drawing from documentary and qualitative data and by taking people fleeing homophobia as example, this article looks at the role that IHRL may play in complementing and in intersection with IRL. It argues that IHRL may, firstly, raise obligations to facilitate the access of these claimants to asylum determination procedures and, secondly, inform the notion of persecution used in IRL more comprehensively than it currently does in practice.

International Refugee Law and the Protection of Stateless Persons

2019 ◽  
Author(s):  
Michelle Foster ◽  
Hélène Lambert
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Refugee Convention ◽  
Critical Gap ◽  
Refugee Law ◽  
International Human ◽  
International Refugee Law

This book addresses a critical gap in existing scholarship by examining statelessness through the prism of international refugee law, in particular by examining the extent to which the 1951 Refugee Convention protects de jure stateless persons. It responds to the need for a coherent and inclusive legal framework to address the plight of stateless individuals who fear persecution. The central hypothesis of this book is that the capacity and potential of the 1951 Refugee Convention to protect stateless persons has been inadequately developed and understood. This is particularly so when we consider the significant transformation that has occurred over the past sixty years in delimiting state discretion in matters of nationality, including in relation to the acquisition and deprivation of nationality, and the treatment of non-nationals. While it may once have been correct to assume that matters of nationality were largely outside the realm of international law, the advent of international human rights law in particular has limited state sovereignty in this respect. Accordingly, whether a stateless person is also a refugee potentially admits of a very different answer in light of modern international human rights law as compared to 1951.

scholarly journals Are Rights Out of Time? International Human Rights Law, Temporality, and Radical Social Change

2018 ◽  
Vol 28 (6) ◽  
pp. 817-838 ◽  
Author(s):  
Kathryn McNeilly
Keyword(s):  
Human Rights ◽  
Social Change ◽  
20Th Century ◽  
Judith Butler ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Future ◽  
International Human ◽  
The Relationship

Human rights were a defining discourse of the 20th century. The opening decades of the twenty-first, however, have witnessed increasing claims that the time of this discourse as an emancipatory tool is up. Focusing on international human rights law, I offer a response to these claims. Drawing from Elizabeth Grosz, Drucilla Cornell and Judith Butler, I propose that a productive future for this area of law in facilitating radical social change can be envisaged by considering more closely the relationship between human rights and temporality and by thinking through a conception of rights which is untimely. This involves abandoning commitment to linearity, progression and predictability in understanding international human rights law and its development and viewing such as based on a conception of the future that is unknown and uncontrollable, that does not progressively follow from the present, and that is open to embrace of the new.

Title to Territory and JurisdictionThree and a Half Models

2020 ◽  
pp. 159-181
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
International Law ◽  
Political Power ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Relationship Of ◽  
The Relationship

The very term ‘extraterritoriality’ implies that territory is significant. So far, however, my argument focuses on jurisdiction rather than territory. This chapter adds clarifications in this area. It examines the relationship of jurisdiction in international human rights law, whether understood as political power or not, and title to territory in international law. To this end, I start by looking at what international law has to say about jurisdiction as understood in international human rights law, and territory, respectively. The conclusion of the survey is that the two concepts serve different normative purposes, are underpinned by different values, and that they are thus not the same. Accordingly, an account of their relationship should be approached with conceptual care.

25. International humanitarian law

2017 ◽  
Author(s):  
Sandesh Sivakumaran
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Relationship ◽  
Two Bodies

This chapter examines international humanitarian law, the principal body of international law which applies in times of armed conflict, and which seeks to balance the violence inherent in an armed conflict with the dictates of humanity. International humanitarian law protects the civilian population from the ravages of conflict, and establishes limitations on the means and methods of combat. The chapter is organized as follows. Section 2 considers the nature of international humanitarian law and identifies some of its cardinal principles and key rules. Section 3 explores the similarities and differences between international humanitarian law and international human rights law, comparing and contrasting their historical origins and conceptual approaches. Given that international humanitarian law applies during armed conflict, Section 4 considers whether there is a need for international human rights law also to apply. Section 5 ascertains the relationship between the two bodies of law and Section 6 considers some of the difficulties with the application of international human rights law in time of armed conflict.

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