Submitted by rrn-owner on Wed, 2011/07/27 - 17:24
The increasing density of international regimes has contributed to the proliferation of overlap across agreements, conflicts among international obligations, and confusion regarding what international and bilateral obligations cover an issue. This symposium examines the consequences of the complex of overlapping, parallel and nested agreements for subsequent politics, thus the issue of overlap and complexity as an independent variable.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
The entry into force of the Treaty of Amsterdam on 1 May 1999 marked the transformation of the legal framework where the process of European integration in the field of asylum was to take place.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
The Medellin v. Dretke line of capital cases challenging U.S. non-compliance with the notification provisions of the Vienna Convention on Consular Relations (VCCR) provides an example of effective transnational horizontal integration of international human rights norms notwithstanding lack of domestic vertical enforcement and persistent government objection to the outside norm.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
This paper outlines the grounds on which people may claim complementary protection in the European Union, United States and Canada, and the appeal processes available at each stage of the determination process. It also sets out additional types of claims that may be made, such as humanitarian and compassionate claims, although these do not technically constitute complementary protection since they are not based on States' international legal obligations.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
Refugees are vanishing from the territory of wealthy industrialized nations. I do not mean that refugees are literally disappearing. Despite the best efforts of western governments to deter them, thousands of asylum seekers do manage to arrive and lodge refugee claims each year. I refer here not to the legal and material reality of refugees, but rather to the erosion of the idea that people who seek asylum may actually be refugees.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
Some have argued that India's laws uphold fundamental refugee law concepts. Specifically, some Indian legal scholars contend that the right of non-refoulement is alive and well in India even without having signed any related international agreements. The prevention of refoulement (translated roughly as the turning back of refugees), which includes both the rejection of refugees at the border as well as the deportation of refugees from inside India, lies at the very heart of refugee protection.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
The paper's thesis is that recent scholarly claims that a general right to asylum now exists are unfounded. The legal arguments underpinning the claim are twofold. First it is said that even states not bound by relevant conventions are nonetheless required by customary international law to honor the duty of non-refoulement in relation to refugees and others facing the prospect of serious harm.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:22
Environmental migration governance, like global migration governance more broadly, suffers from significant fragmentation both vertically - with actors at the international, regional and local levels - and horizontally - with the phenomenon addressed in part or, more rarely, as a whole under the auspices of a range of other ‘policy categories’ and associated institutions. Interests in environmentally-driven population movement can be identified across the fields of migration, environment, development, human rights, disaster management and humanitarian relief.
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