Research Handbook on International Refugee Law PDF
Preview Research Handbook on International Refugee Law
RESEARCH HANDBOOK ON INTERNATIONAL REFUGEE LAW RESEARCH HANDBOOKS IN INTERNATIONAL LAW This highly original series offers a unique appraisal of the state-of-the-art of research and thinking in international law. Taking a thematic approach, each volume, edited by a promi- nent expert, covers a specific aspect of international law or examines the international legal dimension of a particular strand of the law. A wide range of sub-disciplines in the spheres of both public and private law are considered; from international environmental law to interna- tional criminal law, from international economic law to the law of international organisations, and from international commercial law to international human rights law. The Research Handbooks comprise carefully commissioned chapters from leading academics as well as those with an emerging reputation. Taking a genuinely international approach to the law, and addressing current and sometimes controversial legal issues, as well as affording a clear substantive analysis of the law, these Research Handbooks are designed to inform as well as to contribute to current debates. Equally useful as reference tools or introductions to specific topics, issues and debates, the Research Handbooks will be used by academic researchers, post-graduate students, practicing lawyers and lawyers in policy circles. Titles in this series include: Handbook of Research on International Consumer Law, Second Edition Edited by Geraint Howells, Iain Ramsay and Thomas Wilhelmsson Research Handbook on Territorial Disputes in International Law Edited by Marcelo G. Kohen and Mamadou Hébié Research Handbook on the Sociology of International Law Edited by Moshe Hirsch and Andrew Lang Research Handbook on Human Rights and Investment Edited by Yannick Radi Research Handbook on International Water Law Edited by Stephen C. McCaffrey, Christina Leb and Riley T. Denoon Research Handbook on International Law and Peace Edited by Cecilia M. Bailliet and Kjetil Mujezinovic Larsen Research Handbook on Foreign Direct Investment Edited by Markus Krajewski and Rhea Tamara Hoffmann Research Handbook on Feminist Engagement with International Law Edited by Susan Harris Rimmer and Kate Ogg Research Handbook on Child Soldiers Edited by Mark A. Drumbl and Jastine C. Barrett Research Handbook on the European Union and International Organizations Edited by Ramses A. Wessel and Jed Odermatt Research Handbook on International Refugee Law Edited by Satvinder Singh Juss Research Handbook on International Refugee Law Edited by Satvinder Singh Juss Professor of Law, King’s College London, UK RESEARCH HANDBOOKS IN INTERNATIONAL LAW Cheltenham, UK • Northampton, MA, USA © Satvinder Singh Juss 2019 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher. Published by Edward Elgar Publishing Limited The Lypiatts 15 Lansdown Road Cheltenham Glos GL50 2JA UK Edward Elgar Publishing, Inc. William Pratt House 9 Dewey Court Northampton Massachusetts 01060 USA A catalogue record for this book is available from the British Library Library of Congress Control Number: 2019946814 This book is available electronically in the Law subject collection DOI 10.4337/9780857932815 ISBN 978 0 85793 280 8 (cased) ISBN 978 0 85793 281 5 (eBook) Satvinder Singh Juss - 9780857932815 Dedicated to the memory of Dr. Stefania Barichello, a brilliant, passionate and deeply caring scholar whose spirit remains with us. Satvinder Singh Juss - 9780857932815 Satvinder Singh Juss - 9780857932815 Contents List of contributors x Preface xii PART I REFUGEES, DISPLACED PERSONS AND THE RISE OF TEMPORARY PROTECTION 1 At the crossroads: The 1951 Geneva Convention today 2 Julian M. Lehmann 2 The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa 16 Tamara Wood 3 Internally displaced persons and international refugee law 31 Bríd Ní Ghráinne 4 In-country programs: the procedure and politics of an additional pathway to protection 44 Claire Higgins 5 Temporary protection of forced migrants 57 Meltem Ineli-Ciger PART II BURDEN-SHARING, INTERNAL RELOCATION AND THE SHIFT TO COOPERATION AGREEMENTS 6 Burden sharing in refugee law 71 Eddie Bruce-Jones 7 The rise of consensual containment: from ‘contactless control’ to ‘contactless responsibility’ for migratory flows 82 Mariagiulia Giuffré and Violeta Moreno-Lax 8 Responsibility-sharing in Latin America 109 Stefania Eugenia Barichello 9 The internal protection alternative and its relation to refugee status 126 Jessica Schultz 10 Gatekeepers of asylum: UK country guidance, indiscriminate violence and internal relocation 139 Satvinder S. Juss and Jeni Mitchell vii Satvinder Singh Juss - 9780857932815 viii Research handbook on international refugee law 11 International models of deterrence and the future of access to asylum 170 Nikolas Feith Tan PART III PRINCIPLE OF NON-REFOULEMENT OF REFUGEES AND THEIR NON-PENALISATION 12 What is the future of non-refoulement in international refugee law? 183 James C. Simeon 13 Constructive refoulement 207 Penelope Mathew 14 The prosecution of asylum seekers 224 Yewa Holiday 15 Australia and the Refugee Convention 238 Savitri Taylor PART IV FAMILY RE-UNION, GENDER DISCRIMINATION, GAY RIGHTS, HUMAN TRAFFICKING AND CLIMATE REFUGEES 16 The rights to refugee family reunion 253 Emily Darling 17 The art of drawing lines: future behaviour and refugee status 268 Janna Wessels 18 Some other(ed) ‘refugees’?: women seeking asylum under refugee and human rights law 281 Catherine Briddick 19 The rights of women seeking asylum: procedural and evidential barriers to protection 295 Nora Honkala 20 Sexual orientation and refugee law: how do legal sanctions criminalizing homosexuality engage the definition of persecution? 310 Tawseef Khan 21 Human trafficking and refugee law 324 Vladislava Stoyanova 22 Climate refugees and the 1951 Convention 343 Matthew Scott PART V THE EXCLUSION AND REJECTION OF REFUGEES 23 New directions in article 1D jurisprudence: greater barriers for Palestinian refugees seeking the benefits of the Refugee Convention 358 Kate Ogg Satvinder Singh Juss - 9780857932815 Contents ix 24 The war on terror and refugee law 374 Sarah Singer 25 The exclusion clauses in refugee law 390 Joseph Rikhof 26 The removal of undesirable asylum seekers 403 Joris van Wijk and Maarten Bolhuis 27 Reviewing review: the standard of review in asylum decision-making 417 Rowena Moffatt Index 429 Satvinder Singh Juss - 9780857932815 Contributors Stefania Eugenia Barichello, Former research scholar at the Institute of Advanced Legal Studies, University of London, where she was awarded a PhD in 2017. Maarten Bolhuis, Assistant Professor Criminology at Vrije Universiteit Amsterdam. Catherine Briddick, Martin James Departmental Lecturer in Gender and Forced Migration, Refugee Studies Centre, University of Oxford. Eddie Bruce-Jones, Reader in Law and Anthropology, Birkbeck School of Law, University of London. Emily Darling, Lecturer in Immigration and Refugee Law at Queensland University of Technology. Nadine El-Enany, Senior Lecturer in Law, Birkbeck College, University of London. Nikolas Feith Tan, Researcher at the Danish Institute for Human Rights. Bríd Ní Ghráinne, BCL (Int) (NUI), LLM (Leiden), DPhil (Oxon). Lecturer in Law, University of Sheffield. Mariagiulia Giuffré, Senior Lecturer in Law at the Department of Law and Criminology, Edge Hill University. Claire Higgins, Senior Research Associate and historian at the Kaldor Centre for International Refugee Law at UNSW. She is the author of Asylum by Boat: Origins of Australia’s refugee policy (2017). Claire is a Fulbright Postdoctoral Scholar 2017, and completed a DPhil in History at the University of Oxford. Her research into in-country programs was supported by funding from the National Archives of Australia and the Australian Academy of the Humanities. Yewa Holiday, BA (Hons) (Cantab), LLM (Sussex), PhD (QMUL) is a freelance researcher and a trainee English teacher. Nora Honkala, Lecturer in Law, The City Law School, City, University of London. Meltem Ineli-Ciger, PhD, LLM Bristol, Assistant Professor at the Suleyman Demirel University, Faculty of Law, Turkey. Satvinder S. Juss, Professor of Law at King’s College London, London University. Tawseef Khan, Research affiliate at the Refugee Law Institute, University of London. Julian M. Lehmann, Project manager at the Global Public Policy Institute (GPPi) in Berlin, working on migration and human rights. Penelope Mathew, Dean of the Faculty of Law, The University of Auckland. x Satvinder Singh Juss - 9780857932815
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