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Nationality and Statelessness in the International Law of Refugee Status

Nationality and Statelessness in the International Law of Refugee Status Author Eric Fripp
ISBN-10 9781782259220
Release 2016-09-22
Pages 416
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International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.



Nationality and Statelessness under International Law

Nationality and Statelessness under International Law Author Alice Edwards
ISBN-10 9781316062401
Release 2014-09-18
Pages
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Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.



Nationality and Statelessness in International Law

Nationality and Statelessness in International Law Author Paul Weis
ISBN-10 9028603298
Release 1979-12-13
Pages 337
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Nationality and Statelessness in International Law has been writing in one form or another for most of life. You can find so many inspiration from Nationality and Statelessness in International Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Nationality and Statelessness in International Law book for free.



The Law of Refugee Status

The Law of Refugee Status Author James C. Hathaway
ISBN-10 9781107012516
Release 2014-07-03
Pages 776
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The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.



The Law and Practice of Expulsion and Exclusion from the United Kingdom

The Law and Practice of Expulsion and Exclusion from the United Kingdom Author Eric Fripp
ISBN-10 9781782255499
Release 2014-12-04
Pages 344
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Resort by the state to measures of exclusion and expulsion from the territory of the UK and/or from British citizenship have multiplied over the past decade, following the so-called 'War on Terror', increased globalisation, and the growing politicisation of national policies concerning immigration and citizenship. This book, which focuses on the law and practice governing deportation, removal and exclusion from the UK, the denial of British citizenship, and deprivation of that citizenship, represents the first attempt by practitioners to provide a cohesive assessment of UK law and practice in these areas. The undertaking is a vital one because, whilst these areas of law and practice have long existed as the hard edge of immigration and nationality laws, in recent years the use of some powers in this area has greatly increased and such powers have arguably expanded beyond secondary existence as mere mechanisms of enforcement. The body of law, practice and policy created by this process is one which justifies treatment as a primary concern for public lawyers. The book provides a comprehensive analysis of the law in these areas and its background. This involves a consideration of interlocking international and regional rights instruments, EU law and the domestic regime. It is a clear and comprehensive everyday guide for practitioners and offers an invaluable insight into likely developments in this dynamic area of public law. '...deserves to be on the bookshelves of all those who seek to practise within this carefully defined area of immigration and nationality law.' From the Foreword by Lord Hope of Craighead KT



Statelessness and Citizenship

Statelessness and Citizenship Author Brad K. Blitz
ISBN-10 9781849808996
Release 2011-01-01
Pages 272
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'In our supposedly borderless world, having a nationality, and thus access to documents which permit travel and proof of identity, has become increasingly important. In many parts of the world, including the cases in Europe, Africa and Asia covered in this collection, large groups of people struggle with forms of de facto or de jure statelessness. In addition to providing a conceptual framework derived from international human rights norms for understanding better the phenomenon of statelessness, this collection presents important empirical research material helping us to understand, from the ground up, how statelessness is experienced.' Jo Shaw, University of Edinburgh, UK 'What difference does citizenship make? The vulnerability of stateless persons clearly demonstrates the benefits of having a nationality. But so far nobody has examined how much the situation of stateless persons improves when they finally get documents and citizenship status. This exploratory study analyses practical difficulties and real progress in overcoming statelessness. It gives voice to the victims and sets a political agenda. Academic researchers, non-governmental organizations and policy-makers should read this book.' Rainer Bauböck, European University Institute, Florence, Italy 'Embracing a subject that is generally treated abstractly, as a matter of human rights law, the authors of this pathbreaking book root statelessness deep into historical context and lived experience. They emerge with conclusions that are both dismaying (the expansive scope of the problem) and hopeful (the measurable progress some states have made in expanding the boundaries of citizenship). Alas, this eloquent book could hardly be more timely.' Linda K. Kerber, University of Iowa, US The United Nations High Commissioner for Refugees estimates that there are more than 12 million stateless people in the world. The existence of stateless populations challenges some central tenets of international law and contemporary human rights discourses, yet only a very small number of states have made measurable progress in helping individuals acquire or regain citizenship. This fascinating study examines positive developments in eight countries and pinpoints the benefits of citizenship now enjoyed by formerly stateless persons. The expert contributors present an original comparative study that draws upon legal and political analysis as well as empirical research (incorporating over 120 interviews conducted in eight countries), and features the documentary photography of Greg Constantine. The benefits of citizenship over statelessness are identified at both community and individual level, and include the fundamental right to enjoy a nationality, to obtain identification documents, to be represented politically, to access the formal labor market and to move about freely. Gaining or reacquiring citizenship helps eliminate isolation and solicits the empowerment of individuals, collectively and personally. Such changes are of considerable importance to the advancement of a human rights regime based on dignity and respect. This highly original and thought-provoking book will strongly appeal to a wide-ranging audience including academics, researchers, students, human rights activists and government officials with an interest in a diverse range of fields encompassing law, international studies, public policy, human rights and citizenship.



The Oxford Handbook of Refugee and Forced Migration Studies

The Oxford Handbook of Refugee and Forced Migration Studies Author Elena Fiddian-Qasmiyeh
ISBN-10 9780191645877
Release 2014-06-12
Pages 800
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Refugee and Forced Migration Studies has grown from being a concern of a relatively small number of scholars and policy researchers in the 1980s to a global field of interest with thousands of students worldwide studying displacement either from traditional disciplinary perspectives or as a core component of newer programmes across the Humanities and Social and Political Sciences. Today the field encompasses both rigorous academic research which may or may not ultimately inform policy and practice, as well as action-research focused on advocating in favour of refugees' needs and rights. This authoritative Handbook critically evaluates the birth and development of Refugee and Forced Migration Studies, and analyses the key contemporary and future challenges faced by academics and practitioners working with and for forcibly displaced populations around the world. The 52 state-of-the-art chapters, written by leading academics, practitioners, and policymakers working in universities, research centres, think tanks, NGOs and international organizations, provide a comprehensive and cutting-edge overview of the key intellectual, political, social and institutional challenges arising from mass displacement in the world today. The chapters vividly illustrate the vibrant and engaging debates that characterise this rapidly expanding field of research and practice.



Statelessness

Statelessness Author William E Conklin
ISBN-10 9781782253730
Release 2014-12-01
Pages 372
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'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing its member states to allow statelessness to occur. In this powerfully argued book, Conklin critically evaluates traditional efforts to recognize and reduce statelessness. The problem, he argues, rests in the obligatory nature of law, domestic or international. By closely analysing a broad spectrum of court and tribunal judgments from many jurisdictions, Conklin explains how confusion has arisen between two discourses, the one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality', is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole.



Protecting Stateless Persons

Protecting Stateless Persons Author Katia Bianchini
ISBN-10 9004362894
Release 2018
Pages 382
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In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.



Contingent Citizenship

Contingent Citizenship Author Sandra Mantu
ISBN-10 9789004293007
Release 2015-05-27
Pages 394
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In Contingent citizenship, Sandra Mantu examines the changing rules of citizenship deprivation in the UK, France and Germany from the perspective of international and European legal standards.



Citizenship in Question

Citizenship in Question Author Benjamin N. Lawrance
ISBN-10 9780822373483
Release 2016-12-09
Pages 304
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Citizenship is often assumed to be a clear-cut issue—either one has it or one does not. However, as the contributors to Citizenship in Question demonstrate, citizenship is not self-evident; it emerges from often obscure written records and is interpreted through ambiguous and dynamic laws. In case studies that analyze the legal barriers to citizenship rights in over twenty countries, the contributors explore how states use evidentiary requirements to create and police citizenship, often based on fictions of racial, ethnic, class, and religious differences. Whether examining the United States’ deportation of its own citizens, the selective use of DNA tests and secret results in Thailand, or laws that have stripped entire populations of citizenship, the contributors emphasize the political, psychological, and personal impact of citizenship policies. Citizenship in Question incites scholars to revisit long-standing political theories and debates about nationality, free movement, and immigration premised on the assumption of clear demarcations between citizens and noncitizens. Contributors. Alfred Babo, Jacqueline Bhabha, Jacqueline Field, Amanda Flaim, Sara L. Friedman, Daniel Kanstroom, Benjamin N. Lawrance, Beatrice McKenzie, Polly J. Price, Rachel E. Rosenbloom, Kim Rubenstein, Kamal Sadiq, Jacqueline Stevens, Margaret D. Stock



India and the Challenge of Statelessness

India and the Challenge of Statelessness Author Sitharamam Kakarala
ISBN-10 9384272035
Release 2014
Pages 85
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India and the Challenge of Statelessness has been writing in one form or another for most of life. You can find so many inspiration from India and the Challenge of Statelessness also informative, and entertaining. Click DOWNLOAD or Read Online button to get full India and the Challenge of Statelessness book for free.



Complementary Protection in International Refugee Law

Complementary Protection in International Refugee Law Author Jane McAdam
ISBN-10 STANFORD:36105064156735
Release 2007
Pages 283
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This book provides a comprehensive analysis of complementary protection, from its historical development through to its contemporary application. By examining the human rights foundations of the Convention, the architecture of Convention rights, regional examples of complementary protection, and principles of non-discrimination, the book argues that the Convention acts as a type of lex specialis for persons in need of international protection, providing a specialized blueprint for legal status, irrespective of the legal source of the protection obligation.



The Human Rights of Non citizens

The Human Rights of Non citizens Author David S. Weissbrodt
ISBN-10 9780199547821
Release 2008
Pages 257
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Non-citizens should by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate state objective and are proportionate. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens' human rights.



Children Without a State

Children Without a State Author Jacqueline Bhabha
ISBN-10 9780262015271
Release 2011
Pages 376
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The first book to address children's statelessness and lack of legal status as a human rights issue.



Citizenship Law in Africa

Citizenship Law in Africa Author Bronwen Manby
ISBN-10 9781936133291
Release 2012-07-27
Pages 122
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Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.



The Rights of Refugees under International Law

The Rights of Refugees under International Law Author James C. Hathaway
ISBN-10 1139445766
Release 2005-09-15
Pages
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This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.