Book Review: The Rights of Refugees Under International Law

2006 ◽  
Vol 37 (4) ◽  
pp. 643
Author(s):  
Helen Sims
Keyword(s):  
New York ◽  
Human Rights ◽  
International Law ◽  
Rapid Change ◽  
International Human Rights Law ◽  
Cambridge University ◽  
The Status ◽  
Normative Basis ◽  
Comprehensive Text

This article is a book review of James C Hathaway The Rights of Refugees Under International Law (Cambridge University Press, New York, 2005) (1200 pages) NZ$155. In the belief that a comprehensive text on the position of refugees under international law was lacking, Hathaway has produced a book seeking to explore the nexus between human rights and refugee rights at international law, and to argue for a dynamic and purposive interpretation of the Convention Relating to the Status of Refugees. Sims praises the book's accessibility, although it is conceded by Hathaway that the book will quickly be out of date due to the area of law undergoing rapid change. Nonetheless, Sims concludes that the book is comprehensive and remains a good place to start research. By linking refugee rights to international human rights law, Hathaway provides a stronger normative basis for arguing for the continued protection of refugees under international law. 

Resistance Is Futile – You Will Be Assimilated

2006 ◽  
Vol 19 (1) ◽  
pp. 259-274 ◽  
Author(s):  
SUSAN MATHEWS
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Bank ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cambridge University ◽  
The World Bank ◽  
The World ◽  
Light And Shadow ◽  
The International Monetary Fund

Sigrun Skogly, The Human Rights Obligations of the World Bank and the IMF, London, Cavendish Publishing, 2001, ISBN 1859416659, 240 pp., £71.50 (pb).Mac Darrow, Between Light and Shadow:The World Bank, the International Monetary Fund and International Human Rights Law, Oxford, Hart Publishing, 2003, ISBN 1841133906, 376 pp., £42.00.00 (hb).Balakrishnan Rajagopal, International Law from Below: Development, Social Movements and Third World Resistance, Cambridge, Cambridge University Press, 2003, ISBN 0521016711, 360 pp., £19.99 (pb).

Part One Historical and Legal Foundations, III On the Application of International Law to Palestinian Refugees

2020 ◽  
Author(s):  
Albanese Francesca P ◽  
Takkenberg Lex
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Palestinian Refugees ◽  
The Status ◽  
Legal Foundations ◽  
Palestinian Refugee ◽  
International Refugee Law

This chapter explores the legal foundations of the Palestinian refugee question, reviewing their status under various branches of international law – as refugees, stateless persons, civilians protected under international humanitarian law, internally displaced persons, or, simply, as human beings entitled to human rights. International law as it stood in the early twentieth century, is relevant to the Palestinian refugee question. Since 1948, the evolution of its various branches – notably international humanitarian law (IHL), international human rights law (IHRL), international refugee law (IRL), and the frameworks to address statelessness and prevent internal displacement – have consolidated and evolved in ways that should benefit Palestinian refugees. IRL determines the foundation of the legal status of Palestinians as refugees and the standards of treatment specific to that status. IHRL, as the body of international law with the widest application, has the potential to improve significantly the status and conditions of Palestinian refugees. Meanwhile, IHL remains an important, composite protection framework whenever humanity fails. Thus, the failure to bring a just resolution to the plight of Palestinian refugees is ultimately attributable to the protracted lack of political will, rather than inadequacy of the legal framework and the persistence to treat their plight in political terms, as an outcome of war, a humanitarian crisis, and an issue for negotiation.

scholarly journals ENVIRONMENTAL-INDUCED DISPLACEMENT: POTENTIAL PROTECTION UNDER INTERNATIONAL LAW?

2020 ◽  
Vol 9 (2) ◽  
pp. 168
Author(s):  
Irawati Handayani ◽  
Anisa Fauziah
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
International Human Rights Law ◽  
Displaced Persons ◽  
International Human Rights ◽  
Displacement Potential ◽  
The Status ◽  
International Human

<em>Climate change, environmental degradation, and natural disasters are some of the push factors of cross-border displacement. The consequence of this movement is the loss of legal protection from the country of origin of the displaced persons. They are not categorized as refugees as such and no international law specifically regulates the protection of climate displaced persons. This paper will try to analyze the legal protection of climate refugees based on international law. The paper elaborates the context of migration caused by climate change and its relevance with the 1951 Convention on the Status of Refugee, possibility of interpretation of the convention to cover environmental induced displacement and protection under international human rights instruments. The research concludes that it is quite difficult to include climate change-induced displacement under the 1951 Convention on the Status of Refugee even through interpretation. However, it does not mean that the people cannot be protected. International law, especially International Human Rights Law extends protection to peoples belongs to that group.</em>

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