Part I International Refugee Law— Reflections on the Scholarly Field, Ch.1 International Refugee Law in the Early Years

Author(s):  
Goodwin-Gill Guy S

This chapter traces the history of international refugee law, taking the creation of the League of Nations in 1920 as the point of departure. The early years of international refugee law achieved much in the way of internationalizing and institutionalizing the responsibilities of the community of nations in matters of common concern; they began with innate recognition of the basic principle of protection that no one should be sent back to conditions in which they would be at risk of harm. The early history ‘struggled’ thereafter with delimiting the scope and numbers of those who might or should benefit from international action, sometimes for self-interested reasons, or because of the costs, or for political reasons, or because of a felt need to discourage exile as a solution to national problems. Only in 1967 was a refugee definition finally agreed that could be generalized across time and space, and even then it remained limited to those with a well-founded fear of being persecuted for particular reasons. State practice and customary international law had already moved ahead, however, even if the normative framework of response remained patchy.

Author(s):  
Gammeltoft-Hansen Thomas ◽  
Tan Nikolas Feith

Extraterritorial migration control represents a fundamental challenge to refugees’ ability to access asylum. The right to seek asylum, pivotal to the international protection of refugees, almost always requires that an asylum seeker reach a State’s territory to access protection. This chapter charts the emergence and evolution of different forms of extraterritorial migration control over the past three decades which render this access to protection increasingly dangerous and elusive. Equally, the chapter shows that international refugee law has not remained static in this period. From dynamic developments in the interpretation of key tenets of refugee law to the wider turn to international human rights law and litigation, refugee lawyers have consistently challenged restrictive developments in State practice. However, legal responses to extraterritorial migration control cannot stop here. This chapter sketches out a topographical approach to accountability, cutting across different legal regimes, different levels of national, transnational, regional, and international law, and different jurisdictions in both the Global North and the Global South, to confront the challenges thrown up by contemporary extraterritorial migration control and deterrence.


1966 ◽  
Vol 70 (661) ◽  
pp. 40-43
Author(s):  
P. B. Walker

Apart from Royal patronage and the manifest concern with aviation, it must seem to many people that there is little in common between the Royal Aeronautical Society and the Royal Aircraft Establishment. Yet research into the lesser known activities of the early RAE has revealed not only a comparable antiquity but also a remarkable similarity in the early history of the two bodies. Both had to fight hard to stay alive, and often continuing existence depended upon a tenuous thread liable to snap at any moment.In its early years the Society was essentially a group of dilettante with all the advantages as well as the disadvantages that this entails.


Author(s):  
Lambert Hélène

This chapter explores customary refugee law. Refugee law is primarily treaty law. However, many of the major refugee-receiving countries are not parties to either the Refugee Convention or the Refugee Protocol, for example Bangladesh, Pakistan, India, Iran, Jordan, and Lebanon. Hence, customary international refugee law can be critically important in the identification of key principles of refugee protection and as an indication of what is permitted or not. While customary international law may not play as significant a role in refugee law as it does in other areas of international law, there are at least three practices of refugee protection aimed at safeguarding access and admission to refugee protection for which varying degrees of agreement exist in favour of a rule (or emerging rule) of customary law: non-refoulement, temporary refuge, and the right to be granted (to receive) asylum. These practices are deeply intertwined in their humanitarian purpose.


Author(s):  
Nicholas Morton

Chapter 2 Friends and Foes discusses the Crusader States’ closest neighbours in the early years of the twelfth century. On their southern borders the Franks confronted the Egyptian Fatimid Empire and it will be shown here how the the Franks managed to overcome the many attacks launched against them by Fatimid commanders. On their eastern borders, the Franks faced the Turkish city-states of Damascus and Aleppo. This chapter shows how the Turks were never able to unite against the Franks due both to their continued infighting and to the many other threats to their rule. This was an era where the complete collapse of Turkish authority across Syria was a very real possibility, driven by Frankish attacks as well as by many local rebellions. In this environment, mere survival was often the goal steering these Turkish leaders’ policies and it was frequently in their interests to manage the threat posed by the Crusader States by diplomatic means rather than seeking to drive them out of the Near East altogether. Further North, in the wake of the First Crusade, the Armenian lords of Cilicia and Southern Anatolia seized the opportunity to drive back Turkish authority, but they then had to negotiate new relationships for themselves with the Crusader States. These included moments of both conflict and rivalry as well as and friendship and accord. The early history of their interactions is examined in detail.


2019 ◽  
pp. 55-77
Author(s):  
Mary Augusta Brazelton

This chapter surveys the history of vaccine research and development in China's wartime hinterlands during the early years of the Second Sino-Japanese War, considering first a major project launched by the League of Nations Health Organization (LNHO) and then, in turn, the major cities of Chongqing, Guiyang, and Lanzhou. Although urban areas were not the only places where medical researchers, students, and administrators worked, they were significant hubs for coordination and exchange. The development of vaccine production in cities coincided with the deployment of new and coercive strategies for immunization, reflecting the ongoing militarization of Chinese society. Yet many urban dwellers welcomed vaccination as a means of defending themselves against disease at a time when the Japanese offensive threatened to cause epidemic catastrophe both directly, through biological warfare, and indirectly, by causing large-scale migrations of refugees and soldiers across the country. Attempts to establish a certification system that connected immunization status to free passage on ships and roads suggested the increasing importance of biology to individual rights and freedoms in wartime China.


2020 ◽  
Vol 69 (1) ◽  
pp. 1-41
Author(s):  
Guy S. Goodwin-Gill

AbstractThe role of international organisations in international law-making tends to be downplayed in this largely State-centric world. The practice of UNHCR, however, is reason enough for a more sophisticated appreciation of the role that operational entities can play in stimulating State practice, and of how they may interact with and guide domestic courts in treaty interpretation and application. The ILC's recently completed projects on customary international law and subsequent agreements and practice encourage a cautious approach, but the high degree of judicialisation in refugee decision-making, the strong legal content in the international protection regime and the impact of UNHCR's operational activities open the way for institutional and grass-roots developments, keeping the law in closer touch with social and political realities and with the needs of those displaced.


2021 ◽  
Vol 18 (1) ◽  
pp. 65-97
Author(s):  
GUIDO OLIVIERI

ABSTRACTThe analysis of a forgotten source sheds light on the early history of the cello in seventeenth-century Naples. The manuscript MS 2-D-13, held in the library of the Montecassino Abbey, dates from around 1699 and contains two unknown cello sonatas by Giovanni Bononcini, together with passacaglias, sonatas for two ‘violas’ and elaborations over antiphons by Gaetano Francone and Rocco Greco, two prominent string performers and teachers in Naples. A study of this remarkable source helps to clarify the nomenclature of the bass violins in use in the city and offers new evidence on the practice of continuo realization at the cello, as well as on the connections with partimento practice. This collection is thus of critical importance for a discussion of the technical achievements and developments of the cello repertory in Naples before the emergence of the celebrated generation of Neapolitan cello virtuosi in the early years of the eighteenth century.


1993 ◽  
Vol 18 (4) ◽  
pp. 461-464 ◽  
Author(s):  
M. A. GLASBY ◽  
T. E. J. HEMS

In the early years of the present century, a group of experiments assessing the results of the surgical repair of peripheral nerves and spinal roots was performed by Basil Kilvington. The outcome of the experiments was assessed using both electrophysiological and morphological techniques. Much of Kilvington’s work remained unrecognized and was thus repeated at a later date. Kilvington’s role in the early history of the surgical repair of nerves appears to have been forgotten and his substantial and prophetic discoveries deserve better recognition.


Author(s):  
Arakaki Osamu ◽  
Song Lili

The fives States and eight jurisdictions in East Asia are mostly densely populated and homogeneous, but are diverse in term of their political and legal systems, economic development and positions in relation to refugee movements. The region currently does not have its own regional arrangement relating to refugee protection or human rights. This chapter examines and compares aspects of the refugee protection system in East Asian States, focusing on China, Japan and South Korea, all of which are a party to the Refugee Convention and Protocol. It provides a brief history of refugee laws in these States, critically evaluates legal and policy measures they have taken to implement the Convention and Protocol and looks at the roles of the judiciary and civil society in refugee protection in these States. In conclusion, it outlines the areas of convergence and diversity of refugee protection system in these States as well as the implication of international refugee law in East Asia.


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