scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

Drøftelse af flygtningebegrebets definition

1979 ◽  
Vol 48 (1-4) ◽  
pp. 139-141
Keyword(s):  
International Law ◽  
Nordic Countries ◽  
Precise Definition ◽  
The Other ◽  
General Definition ◽  
Refugee Status ◽  
Strict Adherence ◽  
High Commissioner ◽  
Definition Of ◽  
Legal Concepts

AbstractThe main subject of the debate was whether or not it is advisable to extend the concept of refugee beyond the present strict legal definitions and include more humanitarian concerns as suggested by Poul Hartling. On the one hand it was maintained in alia that — an extension of the international concept would create a discrepancy between the national concepts and the international concept — the concept of refugee applicable at the time of passing legislation concerning refugees still pertains — the quota-systems require strict adherence to legal definitions — the unsuccessful conference on territorial asylum proved the difficulty of adopting common norms of a broad humanitarian nature wrich is at the same time acceptable to governments - it was easier for the UNHCR in his pragmatic international work of a humanitarian administrative and social nature to adopt a wide concept, whereas the national refugee agencies whose problems is primarily that of issuing residence permits have to apply a more precise and narrow definition. Others took the view that — even in international law the concept of refugee is not totally static; in this respect it was mentioned that in spite of unmerous laws on refugees in Sweden, a precise definition has never been found - a liberal interpretation of existing written norms was called for rather than attempts to establish totally new definitions in a legally binding form - humanitarian concerns are not opposed to legal concepts; on the contrary, the legal concepts emerge from humanitarian and other political concerns — the definition in international law is to be considered a minimum norm. It was suggested that the refugee concept could be much wider in the field of assistance rather than in the field of protection. The dichotomy of having two refugee concepts, an international and a national come out as a practical problem when it comes to recognizing the refugee status. Theoretically, the dichotomy does not create serious problems, because the recognition is declaratory, not constitutive. In practical terms, there is a problem, however, because there is only one (effective) recognition of refugee status, the national recognition. It was noted that the High Commissioner often responded spontaneously to emergency situations involving wholely or in part groups of people falling beyond or on the verge of his mandate. The UN General Assembly, however, never failed to welcome such action thereby accepting a wider definition of UNCHR's mandate. The problems of de facto refugees were discussed. Reluctance was expressed towards extending the number of categories of refugees, e.g. by adding C and D categories to the A and B categories existing in the Nordic countries. It was preferable to extend the general definition of refugee in the manner of e.g. the Netherlands, Switzerland, or Sweden. A consequence of recognizing de facto refugees explicitly one way or the other was that the concept of de facto refugee would disappear. A common international definition which includes de facto refugees was called for. On the other hand, a warning was issued against adopting a very precise definition thereby creating new limits and new categories of people needing humanitarian assistance or protection but falling outside accepted categories. The problem of lacking international sanctions against countries which do not apply the international minimum standards was mentioned. It was pointed out, however, that the good offices and diplomatic initiatives of the High Commissioner often proved highly effective. Finally, a number of participants invited the High Commissioner to engage deeper into regional arrangements and to open a regional office in the Nordic countries.

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

Part 1 Refugees, 3 Determination of Refugee Status: Analysis and Application

2021 ◽  
Author(s):  
Goodwin-Gill Guy S ◽  
McAdam Jane ◽  
Dunlop Emma
Keyword(s):  
United Nations ◽  
Formal Definition ◽  
Refugee Status ◽  
High Commissioner ◽  
The Moment ◽  
Definition Of ◽  
The Individual ◽  
Status Analysis ◽  
Legal Consequences

This chapter discusses the determination of refugee status. The legal consequences that flow from the formal definition of refugee status are necessarily predicated upon determination by some or other authority that the individual or group in question satisfies the relevant legal criteria. In principle, a person becomes a refugee at the moment when he or she satisfies the definition, so that determination of status is declaratory, rather than constitutive. However, while the question of whether an individual is a refugee may be a matter of fact, whether or not he or she is a refugee within the 1951 Convention, and benefits from refugee status, is a matter of law. Problems arise where States decline to determine refugee status, or where States and the Office of the United Nations High Commissioner for Refugees (UNHCR) reach different determinations.

Achieving Effective Law and Policy Frameworks for Access to Sustainable Energy in Africa— A Multidimensional Effort

2018 ◽  
Author(s):  
Yinka Omorogbe ◽  
Ada Okoye Ordor
Keyword(s):  
Sub Saharan Africa ◽  
Human Right ◽  
Legal Provisions ◽  
Law And Policy ◽  
Significant Research ◽  
The Status ◽  
Research Findings ◽  
Sub Saharan ◽  
Energy Justice ◽  
Electricity Access

This chapter highlights some common themes which the editors see as significant research findings. The ubiquitous nature of energy is at once the most obvious and yet the most surprising realization. Not only are there clear linkages with water and renewable energy, but also with areas such as intellectual property and arbitration and, no doubt, the law in these areas can enhance or impede access. Access to energy so far falls short of the status of a realizable human right and this amounts to a denial of energy justice for affected persons. The lack of modern energy erodes and in some instances amounts to a denial of the rights of women, children, and the vulnerable. Electricity access has suffered, particularly in sub-Saharan Africa because of a combination of factors, chiefly the absence of legal provisions or failure to either reform or comply with legal provisions.

scholarly journals The Broadening Protection Gap for Stateless Palestinian Refugees in Belgium

2020 ◽  
pp. 300-316
Author(s):  
Wout Van Doren ◽  
Julie Lejeune ◽  
Marjan Claes ◽  
Valérie Klein
Keyword(s):  
United Nations ◽  
International Law ◽  
Asylum Seekers ◽  
Palestinian Refugees ◽  
United Nations High Commissioner ◽  
Determination Procedure ◽  
High Commissioner ◽  
The Status ◽  
Definition Of ◽  
Stateless Person

This paper reflects upon the issue of statelessness, Palestinians and a recent evolution of Belgian caselaw. When seeking to apply the definition of a ‘stateless person’, as found in art 1 of the 1954 Convention Relating to the Status of Stateless Persons to Palestinians, judges are confronted with specific challenges. Since 2016, divergent standards are developing as to the question of whether, and in which circumstances, Palestinians may be stateless for the purposes of international law. This evolution takes place in a national landscape characterised by a statelessness determination procedure that falls short of standards set out in the United Nations High Commissioner for Refugees Handbook on Protection of Stateless Persons in a number of areas, while a growing number of asylum seekers originating from Palestine are registered over the period 2016–19. This paper exposes, anno 2020, the protection gaps left open by the remarkably divergent approaches to this question taken by the different national actors involved.

scholarly journals GEOSPATIAL MODEL FOR LARGE SCALE SEA CLIFF ROCKFALL SUSCEPTIBILITY MAPPING

2019 ◽  
Vol XLII-3/W8 ◽  
pp. 341-347
Author(s):  
P. Redweik ◽  
R. Matildes ◽  
F. Marques
Keyword(s):  
Laser Scanning ◽  
Large Scale ◽  
Mass Movement ◽  
Susceptibility Map ◽  
Mass Movements ◽  
Aerial Photogrammetry ◽  
The Status ◽  
Logistic Regression Method ◽  
Definition Of ◽  
Gis Software

<p><strong>Abstract.</strong> Due to their relevance to the environment and economy, coastal areas are considered national strategic segments that should be preserved. Since erosion phenomena occur intensively in those areas, it is capital to monitor them in order to identify risk zones. In addition to national and regional studies, it is also necessary to conduct local monitoring of erosion prone areas, especially those which are often frequented by people, such as beaches limited by high cliffs. Large scale vertical mapping is necessary to model their susceptibility to mass movements, in order to provide adequate prevention, protection and assistance.</p> <p>Recent techniques like laser scanning or aerial photogrammetry using UAVs allow the definition of the status quo of a cliff wall and its situation a few years back. But to assess the susceptibility to rock mass movements in such cliff segments, inventories of past events are of primordial importance. These inventories allow applying several statistic models to better understand susceptibility together with a set of variables of internal and external nature regarding the cliff site.</p> <p>We present a case study focused on the beach of Ribeira d’Ilhas (Mafra, Portugal), where a workflow of terrestrial photogrammetry for present day situation and recovery of old analogue stereoscopic pairs (1999, 2000, 2003) was implemented. A mass movement inventory (1999-2014) was compiled by multitemporal comparison followed by a detailed characterization of the cliff using a GIS software. Finally, the application of the logistic regression method allowed the definition of a susceptibility map of the cliff wall towards the occurrence of mass movements.</p>

Commercial property retrofitting

2014 ◽  
Vol 32 (4) ◽  
pp. 443-452 ◽  
Author(s):  
Tim Dixon
Keyword(s):  
Large Scale ◽  
Scale Up ◽  
Energy Performance ◽  
Policy And Practice ◽  
Content Type ◽  
Commercial Property ◽  
Definition Of ◽  
The Uk ◽  
New Research ◽  
Measurement Verification

Purpose – Progress in retrofitting the UK's commercial properties continues to be slow and fragmented. New research from the UK and USA suggests that radical changes are needed to drive large-scale retrofitting, and that new and innovative models of financing can create new opportunities. The purpose of this paper is to offer insights into the terminology of retrofit and the changes in UK policy and practice that are needed to scale up activity in the sector. Design/methodology/approach – The paper reviews and synthesises key published research into commercial property retrofitting in the UK and USA and also draws on policy and practice from the EU and Australia. Findings – The paper provides a definition of “retrofit”, and compares and contrasts this with “refurbishment” and “renovation” in an international context. The paper summarises key findings from recent research and suggests that there are a number of policy and practice measures which need to be implemented in the UK for commercial retrofitting to succeed at scale. These include improved funding vehicles for retrofit; better transparency in actual energy performance; and consistency in measurement, verification and assessment standards. Practical implications – Policy and practice in the UK needs to change if large-scale commercial property retrofit is to be rolled out successfully. This requires mandatory legislation underpinned by incentives and penalties for non-compliance. Originality/value – This paper synthesises recent research to provide a set of policy and practice recommendations which draw on international experience, and can assist on implementation in the UK.

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.

scholarly journals Kedudukan Orang Kelainan Upaya (OKU) Sebagai Asnaf Ar-Riqab di Malaysia

2018 ◽  
Vol 12 (1) ◽  
pp. 37-55
Author(s):  
Azman Ab Rahman
Keyword(s):  
Social Welfare ◽  
The State ◽  
Ministry Of Health ◽  
Legal Provisions ◽  
The Disabled ◽  
The Status ◽  
Definition Of

This study is conducted to analyze and identify the status of disabled person as recipient. The issue is whether the disabled person can be considered as ar-riqab and what are the ‘illah that allow this consideration? Thus, the objective of this study is to understand the definition of ar-riqab given by the previous scholars and contemporary jurists and also fatwas related to it. This study also intends to discover the new concept and interpretation of ar-riqab presented by the scholars and to justify whether the disabled person can be included as ar-riqab in Malaysia. The study found that disabled person is qualified to be recognized as recipient but it must follow the criteria and requirements prescribed by Shariah, the Department of Social Welfare and the Ministry of Health. As this matter is related to new ijtihad, it is important to comply with these requirements and criteria and to consider all aspects related to it before a specified legal provisions or hukm is issued. It is hope that this study may guide zakat institutions and the State Islamic Council in reviewing the issue conferred. Keyword(s): Disabled person, recipient, zakat, ar-riqab, Malaysia ABSTRAK Kajian ini dijalankan bagi menganalisis dan mengenal pasti kedudukan Orang Kelainan Upaya (OKU) sebagai asnaf ar-riqab dalam konteks pada masa kini. Isu ini dapat dibincangkan dengan memahami perluasan konsep dan interpretasi asnaf ar-riqab berdasarkan ijtihad para ulama. Perluasan konsep dan interpretasi asnaf ini adalah penting agar ia lebih bersifat holistik dan bersesuaian dengan maslahat semasa. Persoalannya, adakah perluasan konsep dan interpretasi ar-riqab ini membolehkan golongan OKU dikategorikan di bawah golongan ar-riqab dan apakah ‘illah yang membolehkan mereka dimasukkan sebagai golongan ini? Justeru, objektif kajian ini adalah untuk memahami definisi sebenar asnaf ar-riqab menurut ulama’ dulu dan kini termasuk fatwa-fatwa yang berkaitan dengannya serta mengetahui perluasan konsep dan interpretasi ar-riqab oleh para ulama. Kajian ini juga akan menilai kedudukan OKU sebagai asnaf zakat dan mengenalpasti kriteria-kriteria OKU yang boleh dimasukkan sebagai asnaf ar-riqab. Kajian mendapati bahawa bahawa OKU layak menerima zakat tetapi mestilah berdasarkan kriteria dan syarat yang telah ditetapkan oleh Syarak, Jabatan Kebajikan Masyarakat dan Kementerian Kesihatan. Perkara ini penting kerana ia merupakan satu ijtihad yang perlu mengambil kira semua aspek sebelum sesuatu ketetapan hukum ditentukan. Diharapkan kajian ini menjadi panduan kepada institusi zakat dan Majlis Agama Islam Negeri dalam melihat semula keperluan sama ada OKU layak diberikan zakat atau sebaliknya. Kata Kunci: Orang Kelainan Upaya (OKU), Asnaf, zakat, ar-riqab, Malaysia

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