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Die Asylrechtsharmonisierung in der Europäischen Union : unter besonderer Berücksichtigung der Richtlinie zur Festlegung von Mindestnormen für die Aufnahme von Asylbewerbern in den Mitgliedstaaten.
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ISBN: 3631523920 Year: 2004 Publisher: Frankfurt am Main Lang

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The Internal Protection Alternative in Refugee Law : Treaty Basis and Scope of Application under the 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol
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ISBN: 9789004361959 9004361952 9789004361966 9004361960 Year: 2019 Publisher: Leiden, Boston : Brill | Nijhoff,

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Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the ‘internal protection alternative’ (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources. She argues that the doctrine of implied limits in human rights law can provide analytic structure to the IPA concept and reduce the risk of overly broad application.


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Critical issues in international refugee law : strategies toward interpretative harmony
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ISBN: 1107205662 0511849141 1282818112 9786612818110 0511917406 0511916426 051191461X 0511918380 0511762860 0511912811 9780511918384 9780521199520 0521199522 9780511914614 9780511762864 9781107685963 1107685966 9781107205666 9780511849145 9781282818118 6612818115 9780511917400 9780511916427 9780511912818 Year: 2010 Publisher: Cambridge : Cambridge University Press,

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This volume of essays examines key cutting-edge areas of international refugee law, including strategies for interpretative harmony, the rights of refugees and the standard of proof in complementary protection. Each topic is examined from a theoretical and a practical perspective in order to find solutions to the many legal issues and concerns which currently confront this area of law, and to seek ways to advance the field as a whole.


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Rethinking asylum : history, purpose, and limits
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ISBN: 051173896X 110719959X 0521707471 0511646739 1282391143 9786612391149 0511650817 0511539304 0511538472 0511540140 9780511650819 9780511626845 0511626843 9780521881166 0521881161 9780521707473 Year: 2009 Publisher: Cambridge : Cambridge University Press,

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Each year, hundreds of thousands of people apply for asylum in Europe, North America, and Australia. Some fear political persecution and genocide; some are escaping civil war or environmental catastrophe; others flee poverty, crime, or domestic violence. Who should qualify for asylum? Traditionally, asylum has been reserved for the targets of government persecution, but many believe that its scope should be widened to protect others exposed to serious harm. Matthew Price argues for retaining asylum's focus on persecution - even as other types of refugee aid are expanded - and offers a framework for deciding what constitutes persecution. Asylum, he argues, not only protects refugees but also expresses political values by condemning states for mistreating those refugees. Price's argument explains not only why asylum remains politically relevant and valuable, but also why states should dismantle many of the barriers they have erected against asylum seekers over the last fifteen years.


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Refuge lost : asylum law in an interdependent world
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ISBN: 110864645X 1108611656 110834903X 1108425259 1108441416 9781108441414 9781108425254 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.


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Diplomatic asylum : exploring a legal basis for the practice under general international law
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ISBN: 3030730468 303073045X Year: 2021 Publisher: Cham, Switzerland : Springer,

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The evolving psyche of law in Europe : the psychology of human rights and asylum frameworks
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ISBN: 3030744132 3030744124 Year: 2021 Publisher: Cham, Switzerland : Springer,

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The concealment controversy : sexual orientation, discretion reasoning and the scope of refugee protection
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ISBN: 110893840X 1108945589 1108944825 1108837093 Year: 2021 Publisher: Cambridge : Cambridge University Press,

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The idea that a claim for international protection can be rejected on the basis that the claimant behave 'discreetly' in their country of origin has remained resilient in asylum claims based on sexual orientation, but also other grounds of claim. This is significant because requiring an asylum-seeker to forgo the reason for which they are persecuted questions the very rationale of refugee protection. This book represents the first principled examination of concealment in refugee law. Janna Wessels connects the different strands of the long-standing debate in both common and civil law jurisdictions and scholarship concerning the question of whether and under which circumstances a claimant must conceal to avoid persecution. In so doing, Wessels uncovers a fundamental tension at the core of the refugee concept. By using sexuality as a lens, this study breaks new ground regarding sexual orientation claims and wider issues surrounding the refugee definition.


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Nieuwe ruimte : integratie als avontuur.
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ISBN: 9062244114 9789062244119 Year: 1998 Publisher: Utrecht van Arkel


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Textes du droit de l'asile
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ISBN: 2130496474 9782130496472 Year: 1998 Volume: 3437 Publisher: Paris PUF

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