Part V The Scope of Refugee Protection, Ch.45 Conflict Refugees

2021 ◽  
Author(s):  
Wouters Cornelis (Kees)
Keyword(s):  
Legal Framework ◽  
Armed Conflicts ◽  
Human Suffering ◽  
Refugee Convention ◽  
Refugee Protection ◽  
Dynamic Interpretation ◽  
Societal Structure ◽  
Definition Of ◽  
The Way

Armed conflicts have always been and still are major causes of refugee movements. They invariably cause human suffering, destroying State and societal structure and affecting the lives of civilian populations. While it is difficult to contest that people should not be returned to conflict, different thinking and practices are discernable in relation to the applicable legal framework for providing refugee protection to people displaced across borders by conflict. These discrepancies arise in part from the way in which conflicts are understood; the way in which the definition of a refugee in the Refugee Convention has been interpreted and applied; and in part from limitations in the definition itself. Recognizing ‘conflict refugees’ as refugees within the international legal framework requires an understanding of the dynamics of conflicts and a dynamic interpretation of the refugee definitions at global and regional levels.

scholarly journals An Analysis Of The Legal Framework Of International Refugee Protection System

2019 ◽  
Vol IV (I) ◽  
pp. 1-10
Author(s):  
Muhammad Zubair ◽  
Muhammad Aqeel Khan ◽  
Muzamil Shah
Keyword(s):  
Legal Protection ◽  
Legal Framework ◽  
Protection System ◽  
Initial Moment ◽  
International Level ◽  
Modern History ◽  
Refugee Convention ◽  
Refugee Protection ◽  
History Of ◽  
Definition Of

The article aims to investigate the legal framework of refugee protection system at regional and international level, which starts with the modern history of refugee system that when fleeing people from one region to another were considered as refugees. It further explores steps that were taken at the initial moment and how such system developed at the international level. The legal protection along with internationally accepted definition of refugees was achieved with the passage of time. The 1951 Refugee Convention is considered as the main foundation upon which the whole refugee system is based, was further augmented with the adoption of the 1967 Protocol, which removed the two main objections i.e. the temporal and geographical limitations from the Convention. The article explains the refugee definition, protections available under various instruments at regional and international level to refugees.

Refugee Law in Crisis

2018 ◽  
Author(s):  
Eddie Bruce-Jones
Keyword(s):  
United Kingdom ◽  
State Violence ◽  
Border Control ◽  
Refugee Convention ◽  
Refugee Protection ◽  
The United Kingdom ◽  
Refugee Law ◽  
The Way

This chapter aims to critically interrogate foundational aspects of refugee law from a decolonial perspective. Considered within the context of contemporary debates on counterterrorism and border control in the United Kingdom, it argues that the way we conceptualize violence within the broader project of refugee protection underpins our complicity in the global ordering of violence and suffering. The chapter aims to reveal this dynamic and to propose teaching and conceptualizing of refugee law in a way that frames state violence more broadly than the ‘persecution’ detailed in the Refugee Convention. This approach seeks to ensure that the violence facing the refugee is not seen through the lenses of exceptionalism and crisis that govern refugee law, but rather within the broader frameworks of criminalization and the racial and economic structures of colonialism.

Military Assistance on Request and the Use of Force

2020 ◽  
Author(s):  
De Wet Erika
Keyword(s):  
Use Of Force ◽  
Armed Forces ◽  
Legal Framework ◽  
United Nations Security Council ◽  
Armed Conflicts ◽  
Democratic Legitimacy ◽  
Effective Control ◽  
Military Assistance ◽  
Or Groups ◽  
Definition Of

The book examines if and to what extent the proliferation of direct military assistance on the request of a recognized government is changing the rules regulating the use of force. Since the end of the Cold War, several (sub)regional organizations in Africa have codified military assistance on request in their respective treaty frameworks. In addition, in countries such as Afghanistan, Iraq, Libya, Mali, Somalia, South Sudan, Syria, and Yemen, internationally recognized governments embroiled in protracted armed conflicts have requested direct military assistance from individual states or groups of states. These requests are often accepted by the other states and at times the United Nations Security Council, even when the requesting governments have very limited effective control over their territories, lack democratic legitimacy and are engaged in wide-spread and systematic violations of international human rights and humanitarian law.This book departs from a definition of requested military assistance that refers to the exercise of forcible measures by third-state armed forces or those controlled by an international organization in the territory of the requesting state. It then examines the authority to issue a request for (or consent to) direct military assistance, as well as the type of situations in which such assistance may be requested—notably whether it can be requested during an armed conflict. De Wet finishes by examining the important and controversial question of whether and to what extent the proliferation of forcible assistance on request is changing the legal framework applying to the use of force in international law.

Part V The Scope of Refugee Protection, Ch.44 Stateless Refugees

2021 ◽  
Author(s):  
Lambert Hélène
Keyword(s):  
Legal Framework ◽  
Refugee Convention ◽  
Refugee Protection ◽  
The Status

This chapter focuses on stateless refugees. The 1954 Convention relating to the Status of Stateless Persons (Stateless Convention) and the 1961 Convention on the Reduction of Statelessness together form the foundation of the international legal framework on statelessness and the protection of stateless persons. As the refugee definition in article 1A(2) of the Refugee Convention makes clear, it has always been assumed that having or not having a nationality is not a determinant element for being recognized as a refugee; in fact UNHCR datasets record stateless refugees as refugees. At the same time, considerations of nationality or lack thereof can have a strong bearing on the assessment of key elements of the refugee definition. For instance, claims for protection from individuals whose nationality was denied or withdrawn or whose nationality is ineffective may be relevant facts in the assessment of persecution or well-founded fear. The chapter therefore considers the extent to which the Refugee Convention protects stateless persons as refugees, scrutinizing all parts of the definition in article 1A(2).

scholarly journals Refugees or Illegal Immigrants: The Problem of the Group in Refugee Protection

2021 ◽  
Vol 1 (3) ◽  
Author(s):  
Alexandria J Innes
Keyword(s):  
Illegal Immigration ◽  
Illegal Immigrants ◽  
British Mandate ◽  
Refugee Convention ◽  
Refugee Protection ◽  
Shared Identity ◽  
Identity Group ◽  
Jewish Refugees ◽  
Definition Of

ABSTRACT This research excavates the case of Jewish refugees in Cyprus between 1946 and 1948. I argue that this case is formative of the development not just of the refugee, but—perhaps more interestingly—of the concept of “illegal immigration,” which relies on the constructed impossibility of group-based refugee protection. I contend that there is a paradox residing at the heart of the 1951 Refugee Convention definition of a refugee that produces the refugee as a singular victim while supporting the very conditions that create that victimhood—that is, persecution targeted at an identity group where the persecution is motivated by the shared identity (defined in the Refugee Convention by race, religion, nationality, membership of a particular social group, or political opinion). As the architecture of international human rights was built, the refugee definition was drafted in a way that embedded group-based exclusion in the design of the definition. I exemplify this through the case of Jewish refugees attempting to reach British Mandate Palestine in the 1940s, who were intercepted and detained in Cyprus. The case is worthy of attention because it exposes the absence of group protection in the refugee definition and the effect of that absence: a group is constituted as a threat and cannot be defined collectively as refugees. Instead, they become “illegal immigrants.” This case study of Jewish detention in Cyprus provides a key empirical example of oppression residing inside a historically liberal movement and in the resulting conditions of refugee protection.

The Regional Law of Refugee Protection in Africa

2018 ◽  
Author(s):  
Marina Sharpe
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
African Unity ◽  
Refugee Protection ◽  
Original Analysis ◽  
The Status ◽  
Organization Of African Unity ◽  
African Charter ◽  
African Refugee ◽  
Institutional Architecture

This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part I analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, and the 1981 African Charter on Human and Peoples’ Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Convention’s drafting, an interpretation of its unique refugee definition, and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and relationships of interpretation between the two refugee instruments, as well as to the relationships of conflict and of interpretation between the African Refugee Convention and African Charter. Part II focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples’ Rights, and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

scholarly journals What is a firm? A reply to Jean-Philippe Robé

2021 ◽  
pp. 1-11
Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson
Keyword(s):  
Theory Of The Firm ◽  
Recent Book ◽  
Everyday Language ◽  
Modern Capitalism ◽  
Legal Foundations ◽  
Common Parlance ◽  
The Law ◽  
Business Entities ◽  
Definition Of ◽  
The Way

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.

The Place of Interests in Hobbes’s Civil Science

2016 ◽  
Vol 29 (2) ◽  
pp. 105-128
Author(s):  
Elliott Karstadt
Keyword(s):  
The Political ◽  
Crucial Importance ◽  
Political Issue ◽  
Political Ideas ◽  
Form Of Government ◽  
Civil Science ◽  
Definition Of ◽  
The Impact ◽  
The Way

Many scholars argue that Hobbes’s political ideas do not significantly develop between The Elements of Law (1640) and Leviathan (1651). This article seeks to challenge that assumption by studying the way in which Hobbes’s deployment of the vocabulary of ‘interest’ develops over the course of the 1640s. The article begins by showing that the vocabulary is newly important in Leviathan, before attempting a ‘Hobbesian definition’ of what is meant by the term. We end by looking at the impact that the vocabulary has on two key areas of Hobbes’s philosophy: his theory of counsel and his arguments in favour of monarchy as the best form of government. In both areas, Hobbes’s conception of ‘interests’ is shown to be of crucial importance in lending a new understanding of the political issue under consideration.

New code for the protection of civilian population and property during armed conflict

1980 ◽  
Vol 20 (219) ◽  
pp. 287-315 ◽  
Author(s):  
Ionel Gloşcă
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Treaties ◽  
Civilian Population ◽  
State Activity ◽  
The Holocaust ◽  
Definition Of ◽  
Do So

One of the principles underlying international law applicable in armed conflicts is that no act of war is permitted against the civilian population, consisting, by definition, of persons who take no part in the hostilities.Until the holocaust of 1939–45, international law gave practically no real protection to the civilian population in the event of war, and was not even intended to do so since up to that time war was considered to be a State activity from which civilians remained aloof. There were, nonetheless, general principles and rules in various international treaties which, in one way or another, related also to the civilian population.

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