scholarly journals Revitalizing International Protection: The UNHCR's Global Consultations

Refuge ◽  
2001 ◽  
pp. 5-7
Author(s):  
Judith Kumin
Keyword(s):  
International Protection ◽  
Refugee Law ◽  
High Commissioner ◽  
The Status ◽  
And Migration ◽  
The Way

This article explains why the un High Commissioner for Refugees is convening Global Consultations on “revitalizing the international protection regime.” These consultations, which will take place throughout 2001 and probably beyond, will involve state parties to the 1951 Convention relating to the Status of Refugees and its 1967 protocol, as well as non-signatory states, non-governmental groups, academics, and practitioners of refugee law. The consultations are intended to result in a reaffirmation of the 1951 convention, and in consensus on some of the more complex interpretative aspects of that instrument. They should show the way on thorny problems faced by states in dealing with refugee and migration challenges today.

12. Claims for international protection

2021 ◽  
pp. 435-495
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt
Keyword(s):  
Case Law ◽  
Causal Link ◽  
Parallel Process ◽  
Refugee Status ◽  
International Protection ◽  
Refugee Law ◽  
Legal Context ◽  
The Status ◽  
Gender Based ◽  
The Uk

This chapter examines the requirements for refugee status, according to Article 1A of the UN Convention Relating to the Status of Refugees 1951 and the Refugee Qualification Directive EC 2004/83, referred to as the Qualification Directive. This includes case law on the main concepts in refugee law: well-founded fear, persecution, Convention reason, causal link, and internal relocation. There is a focus on the particular problems in gender-based claims. The chapter considers protection for victims of trafficking, who may go through a parallel process to the asylum system. The chapter begins with the legal context of refugee claims in the UK, and then follows the structure of Article 1A of the Refugee Convention.

THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES AND THE SOURCES OF INTERNATIONAL REFUGEE LAW

2020 ◽  
Vol 69 (1) ◽  
pp. 1-41
Author(s):  
Guy S. Goodwin-Gill
Keyword(s):  
International Law ◽  
International Protection ◽  
Customary International Law ◽  
Grass Roots ◽  
Refugee Law ◽  
High Commissioner ◽  
Operational Activities ◽  
International Refugee Law ◽  
High Degree ◽  
The Impact

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.

12. Claims for international protection

2018 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt ◽  
Helena Wray
Keyword(s):  
Case Law ◽  
Causal Link ◽  
Parallel Process ◽  
Refugee Status ◽  
International Protection ◽  
Refugee Law ◽  
System P ◽  
The Status ◽  
The Law ◽  
Gender Based

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines the requirements for refugee status, according to Article 1A of the UN Convention Relating to the Status of Refugees 1951 and the Refugee Qualification Directive EC 2004/83, referred to as the Qualification Directive. This includes case law on the main concepts in refugee law: well-founded fear, persecution, Convention reason, causal link, and internal relocation. There is a focus on the particular problems in gender-based claims. The chapter considers protection for victims of trafficking, who may go through a parallel process to the asylum system.

The Supervision (or Not) of the 1969 OAU Refugee Convention

2019 ◽  
Vol 31 (2-3) ◽  
pp. 261-289
Author(s):  
Marina Sharpe
Keyword(s):  
United Nations ◽  
African Unity ◽  
Refugee Status ◽  
Refugee Law ◽  
High Commissioner ◽  
The Status ◽  
Organization Of African Unity ◽  
International Refugee Law ◽  
Principal Elements ◽  
African Commission

Abstract This article covers the supervision of the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa (1969 Convention). It begins by defining treaty supervision and describing key understandings of it in the international refugee law literature. These are then harnessed to create a model of supervision (the Supervisory Model) to frame the ensuing discussion. How the 1951 Convention relating to the Status of Refugees is supervised is presented within this Supervisory Model, by way of background. The article then moves on to its principal focus, beginning with an overview of the calls for, and claims regarding, supervision of the 1969 Convention. The need for supervision is then established based on two principal elements. First, the 1969 Convention’s incomplete implementation in States parties to the treaty, in both refugee status determination and in relation to rights guaranteed by the instrument. Secondly, existing bodies with quasi-supervisory or supervisory mandates – the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, and the United Nations High Commissioner for Refugees – are not effectively redressing such implementation deficiencies. With the need for supervision established, a new supervisory mechanism is proposed and the procedural options to create it are outlined.

South America’s Response to the Venezuelan Exodus: A Spirit of Regional Cooperation?

2020 ◽  
Author(s):  
Javier Ochoa
Keyword(s):  
Regional Cooperation ◽  
Legal Protection ◽  
Prima Facie ◽  
South American ◽  
Refugee Status ◽  
International Protection ◽  
Guidance Note ◽  
Refugee Law ◽  
Temporary Protection ◽  
High Commissioner

Abstract Based on the premise that massive influxes of Venezuelans might overwhelm their asylum systems, South American host States have resorted to ‘Temporary Protection or Stay Arrangements’ (TPSAs) as an uncoordinated but pragmatic response in times of regional hardship. As the Venezuelan situation deteriorated, however, a May 2019 United Nations High Commissioner for Refugees (UNHCR) Guidance Note encouraged host States to apply their extended refugee definitions in tandem with prima facie refugee status determination (PFRSD), an expedited procedure that can prevent the overburdening of asylum capacities. Despite the availability of a more favourable approach, host States have continued to rely on TPSAs, raising questions about whether they truly intend to adopt a regionally coordinated plan, as agreed in the Quito Process. Drawing primarily on domestic refugee legislation and UNHCR’s ‘Guidelines on International Protection No 11’, the article argues that host States’ motivation to provide temporary protection is not so much related to the potential overburdening of their asylum systems but rather to the long-term commitments that would come with the granting of refugee status. It is shown that PFRSD is already regulated in the national laws of four South American States, with the potential of turning into a regional centralized response, but its application remains largely ignored. The article ultimately serves as a reminder for South American governments that displaced Venezuelans do not need temporary humanitarian visas as they are, first and foremost, entitled to legal protection under domestic refugee law.

scholarly journals Refugee Participation Revisited: The Contributions of Refugees to Early International Refugee Law and Policy

2020 ◽  
Author(s):  
Tristan Harley
Keyword(s):  
Primary Source ◽  
Early Years ◽  
Refugee Law ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
International Refugee Law ◽  
Laws And Policies ◽  
Refugee Experience ◽  
International Status

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.

Through the Lens of Gadamer’s Hermeneutics: In comparison between Amina Wadud’s and Mohammed Talbi’s Interpretations of Q. 4:34

SUHUF ◽  
2017 ◽  
Vol 9 (2) ◽  
pp. 193-214
Author(s):  
Afifur Rochman Sya'rani
Keyword(s):  
Gender Inequality ◽  
Married Couple ◽  
Contextual Approach ◽  
The Status ◽  
Similarities And Differences ◽  
The Difference ◽  
Muslim Scholars ◽  
The Way

Most of traditional Muslim exegetes interpret Q. 4:34 in terms of maintaining the superiority of men over women. Some progressive Muslim scholars then insist a contextual approach to the verse to criticize gender inequality. Among some progressive Muslim scholars, this article comparatively examines the interpretations of Amina Wadud and Mohammed Talbi of Q. 4:34. Although both of them propose a contextual reading of the verse, they have different intellectual background, approach and method in interpreting the Qur’ān. The questions are to what extent the similarities and differences of both Wadud’s and Talbi’s interpretation of Q. 4:34 and how far their interpretations reflect their respective intention and perspective? Applying Gadamer’s hermeneutical approach, the article concludes that [1] Both Wadud and Talbi argue that the verse does not establish the superiority of men over women, but acknowledges duties division among married couple; [2] the difference among their interpretations is on the status of relationship among married couple; [3] Wadud’s and Talbi’s interpretations represent their respective hermeneutical situations and the way they define ontologically the nature of  interpretation and Qur’anic hermeneutics affect on producing the meanings of the verse.

On What Matters

2017 ◽  
Author(s):  
Derek Parfit
Keyword(s):  
Ethical Theory ◽  
Previous Treatment ◽  
Moral Discourse ◽  
Wide Sense ◽  
Normative Naturalism ◽  
The Status ◽  
The Way ◽  
What Matters

This third volume of this series develops further previous treatment of reasons, normativity, the meaning of moral discourse, and the status of morality. It engages with critics, and shows the way to resolution of their differences. This volume is partly about what it is for things to matter, in the sense that we all have reasons to care about these things. Much of the book discusses three of the main kinds of meta-ethical theory: normative naturalism, quasi-realist expressivism, and non-metaphysical non-naturalism, which this book refers to as non-realist cognitivism. This third theory claims that, if we use the word ‘reality’ in an ontologically weighty sense, irreducibly normative truths have no mysterious or incredible ontological implications. If instead we use ‘reality’ in a wide sense, according to which all truths are truths about reality, this theory claims that some non-empirically discoverable truths — such as logical, mathematical, modal, and some normative truths — raise no difficult ontological questions. This book discusses these theories partly by commenting on the views of some of the contributors to Peter Singer's collection Does Anything Really Matter? Parfit on Objectivity.

Race, Criminal Justice, and Migration Control

2018 ◽  
Keyword(s):  
Criminal Justice ◽  
Social Control ◽  
Conceptual Analysis ◽  
Its Analysis ◽  
The World ◽  
Migration Control ◽  
Key Sites ◽  
And Migration ◽  
The Way

In an era of mass mobility, those who are permitted to migrate and those who are criminalized, controlled, and prohibited from migrating are heavily patterned by race. By placing race at the centre of its analysis, this volume brings together fourteen essays that examine, question, and explain the growing intersection between criminal justice and migration control. Through the lens of race, we see how criminal justice and migration enmesh in order to exclude, stop, and excise racialized citizens and non-citizens from societies across the world within, beyond, and along borders. Neatly organized in four parts, the book begins with chapters that present a conceptual analysis of race, borders, and social control, moving to the institutions that make up and shape the criminal justice and migration complex. The remaining chapters are convened around the key sites where criminal justice and migration control intersect: policing, courts, and punishment. Together the volume presents a critical and timely analysis of how race shapes and complicates mobility and how racism is enabled and reanimated when criminal justice and migration control coalesce. Race and the meaning of race in relation to citizenship and belonging are excavated throughout the chapters presented in the book, thereby transforming the way we think about migration.

Sign in / Sign up

Export Citation Format

Share Document