Refugee Law and Policy: A Comparative and International Approach / Edition 4

Refugee Law and Policy: A Comparative and International Approach / Edition 4

by Karen Musalo, Jennifer Moore, Richard A. Boswell

ISBN-10: 1594608393

ISBN-13: 9781594608391

Pub. Date: 01/28/2011

Publisher: Carolina Academic Press

The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient

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The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. It includes an extensive discussion of the concept of "social visibility" which has become one of the most controversial interpretive issues in U.S. refugee law. Although Refugee Law and Policy is directed to students of U.S. law, it draws on the legislation, jurisprudence and guidelines of other Refugee Convention and Protocol signatories, including Canada, the United Kingdom, Germany, Australia, New Zealand and South Africa. The casebook is up to date on developments to harmonize refugee policy within the European Union, and includes discussion of relevant E.U. directives. In its treatment of both U.S. and global trends, Refugee Law and Policy examines and contrasts some of the most controversial contemporary issues in refugee law, such as the denial of access to the territory of the country of asylum, through use of expedited removal and similar "accelerated" procedures, the increased use of detention, and the ongoing debate over gender-based claims for protection. Refugee Law and Policy also compares current trends in refugee law to parallel trends in human rights and humanitarian and international criminal law, with special reference to the work of the International Criminal Tribunals for Yugoslavia and Rwanda, and the International Criminal Court. The materials Musalo, Moore and Boswell present in the book are more fully examined through the extensive use of notes and comments, which also serve to highlight essential themes and concepts of the text and to make them more accessible to the reader. Since the casebook addresses both substance and procedure, with a focus on practice as well as theory, it is an excellent text not only for students, but for practitioners and those in government agencies as well.

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Product Details

Carolina Academic Press
Publication date:
Edition description:
Fourth Edition
Product dimensions:
7.30(w) x 10.30(h) x 1.90(d)

Table of Contents

Table of Cases
Ch. 1The International Origins of Refugee Law3
The Ancient Roots of Refugee Protection4
Twentieth Century Ultra-Nationalism and the Creation of the "New Refugees"11
The Crystallization of an International Refugee Protection Regime (1921-1951)18
The Evolution of the Modern International Law Definition of the Refugee (1920-1951)23
The U.N. Relief and Works Agency for Palestine Refugees36
The Fundamental Challenges of Refugee Protection40
Contemporary and Expanded Notions of the Refugee46
Ch. 2International Norms and State Practice57
U.S. Law and International Norms58
Selected Issues: U.S. Compliance with International Norms79
Asylum Policy in the European Union135
South Africa's Emerging Refugee Protection System140
Ch. 3Degrees of Risk: The Standard of Proof in Claims for Protection147
I.N.S. v. Stevic: The Standard of Proof for Non-refoulement; Not all Refugees are Entitled to Non-refoulement148
The Standard of Proof for Refugee Status160
The Interpretation of the Well-Founded Fear Standard186
Garcia-Ramos - The U.S. Courts Distinguish the Asylum and Withholding/Restriction Standards196
The Standard in Expedited Removal - A "Credible Fear of Persecution"200
The Relationship Between the Standard of Proof for Likelihood of Harm and The Burden of Proof/Burden of Persuasion202
Past Persecution and its Relevance to Claims for Protection204
The Relationship Between Countrywide Persecution and a Well-Founded Fear208
The Role of Discretion in the Refugee Determination Process210
Ch. 4The Definition of Persecution - Its Forms and Sources219
The Relationship Between Human Rights Norms and Persecution219
The Forms of Persecution223
The Origin of Perspecution270
Ch. 5The Nexus Requirement275
United States Jurisprudence276
International and Comparative Practice on the Requirement of Nexus313
Protection Under the Torture Convention324
Ch. 6Persecution on Account of Political Opinion341
Persecution on Account of Political Opinion: When are Activities & Opinions Political?342
Selected Issues - Prosecution vs. Persecution, Refusal to Serve in the Military and Coercive Population Control383
Ch. 7Persecution on Account of Religion435
Freedom of Religion in International Practice and its Relationship to Refugee Norms436
Different Degrees of Consistency with International Norms: United States, United Kingdom and Australia439
U.S. Constitutional Law Principles: First Amendment Free Exercise of Religion460
Overlapping Grounds of Persecution465
Ch. 8Persecution Based on Race or Nationality481
Basic Concepts483
Historical Perspective on Nationalism and Persecution487
An Analysis of Asylum Claims Based Upon Race or Nationality from the Perspective of the UNHCR Handbook491
Treatment of Race and Nationality Claims in U.S. Courts493
International Treaties Relating to Crimes Against Humanity528
Contemporary Case Studies of Ethnic Persecution and the Establishment of International Criminal Tribunals531
Humanism in the Face of "Organized Ethnic Hatred:" A Further Commentary541
Ch. 9Persecution Based on Membership in a Particular Social Group547
Conceptual Background549
Nexus and Social Group552
Treatment of Social Group Claims in U.S. Courts554
Comparative Law Analysis of Social Group Claims604
Ch. 10Gender-Related Claims to Refugee Status621
Conceptual Background: the Women's Human Rights Movement and the Challenge of International Protection for Refugee Women624
An Analysis of Gender-related Grounds and Forms of Persecution from the Perspective of the UNHCR638
The Treatment of Refugee Women's Claims in U.S. Courts: The Still-Exceptional Character of Gender Asylum Jurisprudence645
Comparative Law Analysis of Gender-Related Claims673
Some Concluding Remarks About "Gender-Related" Claims697
Ch. 11Qualifications Upon Protection699
The Exclusion Clauses of Article 1.F699
Article 33.2 - Particularly Serious Crimes and "Danger to the Security" of the Host Country741
Applying the Exclusion Clauses748
The Cessation Clauses of Article 1.C749
Comparative Charts of Refugee Convention and INA Qualifications on Protection761
Ch. 12The Process and Rights of Asylum Seekers771
An International Perspective on Procedures771
Realpolitik Constraints774
Limits on Constitutional Protections for Asylum Seekers in the United States780
Selected Issues in State Practice786
Ch. 13Proving the Claim841
International Perspectives842
Establishing the Facts - Selected Issues845
Credibility Determinations from the Perspective of the Examiner906
App. AAmerican Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders914
Ch. 14Current and Future Challenges in Refugee Protection919
UNHCR: The United Nations Refugee Agency Renews its Commitment to Refugee Protection in the Twenty-first Century921
Temporary Protection and Complementary Protection: a Retreat from Asylum or an Overture to Protection?925
Non-Refoulement to Human Rights Emergencies: Harbinger of a Customary Norm?937
Responding to the Internally Displaced: The Problem of Failed States and the Concept of Effective Protection942
Resolving the Problem of Exile: the Seamless Web of Prevention, Protection and Solutions948
Refugees as Survivors of Cnflicts and Healers of Communities956

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