Refugee rights and realities : evolving international concepts and regimes

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書誌事項

Refugee rights and realities : evolving international concepts and regimes

edited by Frances Nicholson and Patrick Twomey

Cambridge University Press, 1999

  • : hb

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注記

Resulted from a Conference on Refugee Rights and Realities : Approaches to Law and Policy Reform which was held at the University of Nottingham in November 1996

Includes bibliographical references and index

内容説明・目次

内容説明

This volume on international refugee law and policy assesses the rights of refugees and asylum seekers and the often contrasting reality of state practice. It contains contributions from seventeen experts, drawn from a variety of professions and disciplines, including lawyers, international organisation fonctionnaires, NGO advisors and political scientists. The first part of the book concerns the evolving refugee definition and some of its key conceptual elements, with chapters variously considering matters of theory as well as jurisprudential and treaty law developments, both historical and current. Later parts are concerned with asylum regimes, in particular the roles of key actors in the refugee discourse, the Office of the United Nations High Commissioner for Refugees (UNHCR), nation states, and the embryonic regional asylum regime of the European Union. Permeating the latter parts is the relationship, and sometimes the gulf, between the reality of institutional and state action and the rights of refugees.

目次

  • Part I. The Evolving Refugee Definition: 1. The refugee definition as law: issues of interpretation Daniel J. Steinbock
  • 2. The Geneva refugee definition and the 'theory of the three scales Jean-Yves Carlier
  • 3. Who is a refugee? The Convention definition: universal or obsolete Jerzy Sztucki
  • 4. Beyond the Geneva Convention: constructing a de facto right of asylum from international human rights instruments Richard Plender and Nuala Mole
  • 5. Rethinking the refugee concept Patricia Tuitt
  • 6. Taking the 'political' out of asylum: the legal containment of refugees' political activism Prakash Shah
  • 7. Refugee definitions in the countries of the Commonwealth of Independent States Claire Messina
  • Part II: 8. The developing role of the UNHCR: the role of UNHCR in the development of international refugee law Volker Turk
  • 9. UNHCR as leader in humanitarian assistance: a triumph of politics over law? S. Alex Cunliffe and Michael Pugh
  • 3. 10. In-country protection: out of bounds for UNHCR? Erin D .Mooney
  • 11. Refugee identity and protection's fading prospect Guy S . Goodwin-Gill
  • Part III. State Responses and Individual Rights: 12. The refugee state and state protection Daniel Warner
  • 13. Non-admission policies and the right to protection: refugees' choice vs. states' exclusion Jens Vedsted-Hansen
  • 14. Early warning and prevention: the United Nations and Rwanda Howard Adelman
  • Part IV. The European Regime: 15. The impetus to harmonise: asylum policy in the European Union Elspeth Guild
  • 16. A new asylum regime in Europe Daniele Joly
  • 17. Is there a need for a European asylum policy? Cornelis D. de Jong.

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