Critical Issues in International Refugee Law: Strategies Toward Interpretative Harmony

ISBN-13: 9780521199520 / Angielski / Twarda / 2010 / 240 str.

James C Simeon

Opis

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.

Spis treści

1. Introduction: the research workshop on critical issues in international refugee law and strategies towards interpretative harmony James C. Simeon; 2. From refugee to judge: on refugee law Justice Albie Sachs; 3. The impact of the standard of proof on complementary protection claims: comparative approaches in the European Union and Canada Jane McAdam; 4. Running scared since 9/11: refugees, UNHCR and the purposive approach to treaty interpretation Geoff Gilbert; 5. Asymmetrical sovereignty and the refugee: diplomatic assurances and the failure of due process, Agiza v. Sweden and Alzery v. Sweden Elspeth Guild; 6. Economic harm as a basis for refugee status and the application of human rights law to the interpretation of economic persecution Kate Jastram; 7. The fragmented nature of the international refugee regime and its consequences: a comparative analysis of the applications of the 1951 Convention Nergis Canefe.