The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.

Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.

The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.

Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from 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.

The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.

This book builds a compelling picture of injustices inside immigration detention centers, within the context of the rise of the use of immigration detention in the Global North. The author presents the rarely heard voices of refugees, bringing their perspectives to light and personalising and humanising a global political issue. Based on in-depth interviews with formerly detained refugees who were involved in a wide range of protests, such as sit-ins and non-compliance, hunger strikes, lip sewing, escapes and riots, Human Rights, Refugee Protest and Immigration Detention presents a comprehensive insight into immigration detention and protest. Drawing on the work of Michel Foucault and Hannah Arendt, the book challenges contemporary human rights discourses which institutionalise power and will be a must-read for scholars, advocates and policymakers engaged in debates about immigration detention and forced migration.

This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.

The right to own property is something we generally take for granted. For refugees living in camps, in some cases for as long as generations, the link between citizenship and property ownership becomes strained. How do refugees protect these assets and preserve communal ties? How do they maintain a sense of identity and belonging within chaotic settings? Protection Amid Chaos follows people as they develop binding claims on assets and resources in challenging political and economic spaces. Focusing on Palestinians living in refugee camps in Lebanon and Jordan, it shows how the first to arrive developed flexible though legitimate property rights claims based on legal knowledge retained from their homeland, subsequently adapted to the restrictions of refugee life. As camps increased in complexity, refugees merged their informal institutions with the formal rules of political outsiders, devising a broader, stronger system for protecting their assets and culture from predation and state incorporation. For this book, Nadya Hajj conducted interviews with two hundred refugees. She consults memoirs, legal documents, and findings in the United Nations Relief Works Agency archives. Her work reveals the strategies Palestinian refugees have used to navigate their precarious conditions while under continuous assault and situates their struggle within the larger context of communities living in transitional spaces.

The first global and comparative study of litigation in which refugees seek protection from a place of ostensible 'refuge'.

Of the over 33 million refugees and internally displaced people in the world today, a disproportionate percentage are found in Africa. Most have been driven from their homes by armed strife, displacing people into settings that fail to meet standards for even basic human dignity. Protection of the human rights of these people is highly uncertain and unpredictable. Many refugee service agencies agree advocacy on behalf of the displaced is a key aspect of their task. But those working in the field are so pressed by urgent crises that they can rarely analyze the requirements of advocacy systematically. Yet advocacy must go beyond international law to human rights as an ethical standard to prevent displaced people from falling through the cracks of our conflicted world. Refugee Rights: Ethics, Advocacy, and Africa draws upon David Hollenbach, SJ's work as founder and director of the Center for Human Rights and International Justice at Boston College to provide an analytical framework for vigorous advocacy on behalf of refugees and internally displaced people. Representing both religious and secular perspectives, the contributors are scholars, practitioners, and refugee advocates—all of whom have spent time "on the ground" in Africa. The book begins with the poignant narrative of Abebe Feyissa, an Ethiopian refugee who has spent over fifteen years in a refugee camp from hell. Other chapters identify the social and political conditions integral to the plight of refugees and displaced persons. Topics discussed include the fundamental right to freedom of movement, gender roles and the rights of women, the effects of war, and the importance of reconstruction and reintegration following armed conflict. The book concludes with suggestions of how humanitarian groups and international organizations can help mitigate the problem of forced displacement and enforce the belief that all displaced people have the right to be treated as their human dignity demands. Refugee Rights offers an important analytical resource for advocates and students of human rights. It will be of particular value to practitioners working in the field.