A Short History of International Refugee Law: The Early Years

2020 ◽  
Author(s):  
Guy S. Goodwin-Gill
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):  
Anton Batliner ◽  
Bernd Möbius

Automatic speech processing (ASP) is understood as covering word recognition, the processing of higher linguistic components (syntax, semantics, and pragmatics), and the processing of computational paralinguistics (CP), which deals with speaker states and traits. This chapter attempts to track the role of prosody in ASP from the word level up to CP. A short history of the field from 1980 to 2020 distinguishes the early years (until 2000)—when the prosodic contribution to the modelling of linguistic phenomena, such as accents, boundaries, syntax, semantics, and dialogue acts, was the focus—from the later years, when the focus shifted to paralinguistics; prosody ceased to be visible. Different types of predictor variables are addressed, among them high-performance power features as well as leverage features, which can also be employed in teaching and therapy.


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.


Author(s):  
Marina Sharpe

Chapter 2 begins with overviews of the Organization of African Unity and its 1969 Convention. The majority of the chapter is then devoted to sketching a drafting history of the 1969 Convention, which makes an important contribution to the historical record since the 1969 Convention has no official travaux préparatoires. The drafting history reveals that the initial impetus for a regional refugee instrument was to render international refugee law applicable in Africa and to address the issue of subversion. When the former was achieved in 1967 with the entry into force of the Protocol relating to the Status of Refugees, addressing refugee issues particular to Africa became the focus of the drafting initiative.


Author(s):  
Jenna M. Loyd ◽  
Alison Mountz

Chapter 5 tells the history of the Bush- and Clinton-era creation of an offshore detention archipelago in the Caribbean. This transnational Caribbean history is an important, immediate precursor to the expansion deterrence operations along the U.S.-Mexico border in the 1990s and the use of Guantánamo Naval Base during the War on Terror. As the numbers of Haitians and Cubans held on Guantánamo exceeded forty thousand, the United States opened camps for Cubans on its military base in Panama and built additional “safe haven” sites in other countries in the Caribbean. We show how the use of offshore sites was designed to prevent the arrivals of asylum seekers on U.S. shores. This moment provides a window into the insipid lengths that the executive branch went to in order to redraw legal geographies and thereby separate domestic territory from international waters (and international refugee law).


2019 ◽  
Vol 7 (1) ◽  
pp. 99-111
Author(s):  
Regina Menachery Paulose

This article explores the ongoing crisis of statelessness that has been created because of a petition made by the people of Assam, India to update the electoral rolls in the state. As a result of the process, which has been approved by the Supreme Court of India, an estimated 4 million people have become stateless. The government has stated that these 4 million people risk deportation back to Bangladesh. This article will briefly examine the history of the situation that has unfolded in Assam; discuss the role of statelessness and how it may lead to genocide, underscoring the importance to act and find robust solutions. Finally, the author will conclude by discussing potential actions that India should take in order to resolve future cases of statelessness, specifically examining the Global Compact on Refugees and other instruments provided for within international refugee law. 


2020 ◽  
Author(s):  
Tristan Harley

Abstract This article challenges the assumption that until relatively recently refugees or persons with lived refugee experience have not been involved in the development of international refugee law and policy. By drawing on primary source material – including the preparatory work for international legal instruments such as the 1933 Convention relating to the International Status of Refugees and the 1951 Convention relating to the Status of Refugees, along with the operational work of the League of Nations, the International Refugee Organization and the early years of United Nations High Commissioner for Refugees – this article argues that refugees and persons with lived refugee experience exercised significant influence and thought-leadership in the development of international refugee law and policymaking during the foundational years between 1921 and 1955. These contributions to the development of international refugee law and policy are significant because they not only reorient our understanding of the ways in which international law and policy pertaining to refugees has been developed and negotiated to date, but also because they provide a practical example of how refugees can more meaningfully be included in the creation of laws and policies that affect them going forward.


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