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Refugee Rights

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0007
Subject:
Law, Human Rights and Immigration

The Convention on the Status of Refugees and the Protocol relating to the Status of Refugees enjoy a wide approval among the ECHR Contracting States. This chapter provides an overview of the ... More


States’ Obligations Towards Refugees

Agnès Hurwitz

in The Collective Responsibility of States to Protect Refugees

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199278381
eISBN:
9780191706998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278381.003.0006
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter argues that safe third country mechanisms are not satisfactory from the perspective of refugee protection. The analysis of the non-refoulement principle under international refugee and ... More


The Criminal Prosecution of Pirates and Armed Robbers at Sea

Robin Geiß and Anna Petrig

in Piracy and Armed Robbery at Sea: The Legal Framework for Counter-Piracy Operations in Somalia and the Gulf of Aden

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199609529
eISBN:
9780191729751
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199609529.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

Part 4 focuses on the criminal prosecution of alleged pirates and armed robbers at sea. It discusses what substantive criminal norms the prosecution of acts of piracy and armed robbery at sea could ... More


The Battle of the Refugees: Displaced Persons and the Making of the Cold-War West

Gerard Daniel Cohen

in In War's Wake: Europe's Displaced Persons in the Postwar Order

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195399684
eISBN:
9780199918423
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399684.003.0002
Subject:
History, European Modern History

The chapter examines the negotiations on displaced persons held in 1946 within various organs of the United Nations. Whereas the Soviet Union, Poland and Yugoslavia demanded the compulsory return of ... More


Human Rights, Refugees, and Other Displaced Persons in International Law

Geoff Gilbert

in Hierarchy in International Law: The Place of Human Rights

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199647071
eISBN:
9780191738999
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199647071.003.0007
Subject:
Law, Public International Law, Philosophy of Law

This chapter discusses the conflict between human rights and expulsion in the context of international refugee law and considers the constraints placed upon states by international human rights law ... More


Climate Change-Related Movement and International Human Rights Law: The Role of Complementary Protection

Jane Mcadam

in Climate Change, Forced Migration, and International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199587087
eISBN:
9780191738494
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199587087.003.0004
Subject:
Law, Public International Law

This chapter examines the extent to which existing universal and regional standards on complementary protection offer protection options for those forcibly displaced across international borders as a ... More


Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Violeta Moreno-Lax

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.001.0001
Subject:
Law, Human Rights and Immigration

This monograph examines the interface between extraterritorial border surveillance, migration management, and asylum seeking under EU law. The final goal is to determine the compatibility of ... More


Complementary Protection in International Refugee Law

Jane McAdam

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199203062
eISBN:
9780191724169
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203062.001.0001
Subject:
Law, Public International Law

This book considers the legal obligations countries have to people who do not meet the legal definition of a ‘refugee’, but who have been forcibly displaced from their homes. This is known as ... More


Are Refugee Rights Human Rights? An Unorthodox Questioning of the Relations between Refugee Law and Human Rights Law

Vincent Chetail

in Human Rights and Immigration

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198701170
eISBN:
9780191770579
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701170.003.0002
Subject:
Law, Human Rights and Immigration

This chapter provides a critical assessment of the interactions between international refugee law and human rights law. Although refugee law and human rights law were initially conceived as two ... More


Which Borders for the EU Immigration Policy? Yardsticks of International Protection for EU Joint Borders Management

Seline Trevisanut

in EU Migration Law: Legal Complexities and Political Rationales

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198708537
eISBN:
9780191779497
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198708537.003.0005
Subject:
Law, EU Law, Human Rights and Immigration

This chapter analyses and comments on the legal framework regulating Frontex activities and the relevant practice in order to assess their compliance with international protection obligations. ... More


From Persecution to Deprivation: How Refugee Norms Adapt at Implementation

Alexander Betts

in Implementation and World Politics: How International Norms Change Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780198712787
eISBN:
9780191781162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712787.003.0002
Subject:
Political Science, International Relations and Politics

This chapter looks at norm implementation in the context of the global refugee regime, focusing on the central norm of the regime: non-refoulement, the idea that people fleeing a well-founded fear of ... More


Defining Protection: Refugeehood, , and Human Rights

Cathryn Costello

in The Human Rights of Migrants and Refugees in European Law

Published in print:
2015
Published Online:
March 2016
ISBN:
9780199644742
eISBN:
9780191741128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644742.003.0005
Subject:
Law, EU Law, Human Rights and Immigration

This chapter deals with refugees. The Convention on the Status of Refugees 1951 (with its 1967 Protocol) is the pre-eminent global protection instrument. Its non-refoulement guarantee in particular ... More


Community Interests in International Migration and Refugee Law

Tally Kritzman-Amir

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0018
Subject:
Law, Public International Law

This chapter takes a closer look at some of the main components of international refugee law and some of the recent European practices in order to see how they resonate the notion of community ... More


Beyond Borders

Alec Stone Sweet and Clare Ryan

in A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198825340
eISBN:
9780191864049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825340.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter charts the growing capacity of the European Court to protect the rights of those who are not citizens of member states of the Council of Europe. The Court’s sustained commitment to ... More


The 1969 Convention

Marina Sharpe

in The Regional Law of Refugee Protection in Africa

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198826224
eISBN:
9780191865169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826224.003.0003
Subject:
Law, Public International Law

Chapter 3 first addresses the regional refugee definition according to the 1969 Convention , beginning with a description of article I(2)’s international influence and an interpretation of the ... More


Regional Human Rights Law

Marina Sharpe

in The Regional Law of Refugee Protection in Africa

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198826224
eISBN:
9780191865169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826224.003.0005
Subject:
Law, Public International Law

Chapter 5 begins with a review of the literature on the relationship between international human rights law and international refugee law, which charts the evolution of human rights in refugee ... More


When Law Migrates: Refugees in Comparative International Law

Jill I. Goldenziel

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0019
Subject:
Law, Public International Law, Comparative Law

As record numbers of migrants have fled by sea in recent years, states have restricted their borders to protect national security. The challenge of balancing domestic security concerns with ... More


EU <i>Non-Refoulement</i>: (The Irrelevance of) Territoriality and Pre-Border Controls

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0008
Subject:
Law, Human Rights and Immigration

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in ... More


The Right to Refuge

Evan J. Criddle and Evan Fox-Decent

in Fiduciaries of Humanity: How International Law Constitutes Authority

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199397921
eISBN:
9780199397945
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199397921.003.0007
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter discusses the fiduciary theory’s implications for the protection of refugees under international law. It argues that the fiduciary theory of sovereignty best explains the duty of ... More


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