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Borderlines in Private Law

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Exploring the Boundaries of Refugee Law: Current Protection Challenges

Edited by: Jean-Pierre Gauci, Mariagiulia Giuffre, Evangelia TsourdiLilian

ISBN13: 9789004265578
Published: April 2015
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £144.00



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Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from among a new generation of researchers in the field of refugee law, this volume explores the ‘boundaries’ of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as ‘legal frontiers’ whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.

Subjects:
Public International Law, Immigration, Asylum, Refugee and Nationality Law
Contents:
Introduction
Prof. Guy Goodwin-Gill ‘Current Challenges in Refugee Law’
Section 1 Accessing protection: Law and Policy
Jessica Schultz The European Court of Human Rights and Internal Relocation: An Unduly Harsh Standard?
Mariagiulia Giuffré Access to Protection: Negotiating Rights and Diplomatic Assurances under Memoranda of Understanding
Daniel Ghezelbash Lessons in Exclusion: Interdiction and Extraterritorial Processing of Asylum Seekers in the United States and Australia
Luisa Feline Freier A liberal paradigm shift? A Critical Appraisal of Recent Trends in Latin American asylum legislation
Section 2 Scope of Protection: the 1951 Refugee Convention and Beyond
Stefania Barichello The evolving system of refugees’ protection in Latin America
Jean-Pierre Gauci Why Trafficked Persons need Asylum
Meltem Ineli Ciger Revisiting Temporary protection as a Protection Option to Manage Mass Influx Situations
Andrea Pacheco Pacífico, Érika Pires Ramos Humanitarian Asylum for Forced Migrants: the case of Haitians’ arrival in Brazil
Evangelia (Lilian) Tsourdi Qualifying for International Protection in the EU: New Understandings of the 1951 Convention and beyond
Section 3 Content of Protection: Rights of refugees and asylum seekers
Emma Borland Unmerited Restrictions on Access to Justice for Asylum Seekers
Reuven (Ruvi) Ziegler Out-of-Country Voting: The Predicament of the Recognised Refugee
Emily Darling Australia's Refugee and Humanitarian Family Reunion Programme - a Comparative Study with the European Union;