FOR THE CURRENT REFUGEE CRISIS SEE OUR LIBRARY SPECIAL OR THE SEE ALSO SECTION!
The United Nations Convention relating to the Status of Refugees of 1951 and its 1967 Protocol defines a refugee as someone who, ‘owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country’. The definition of a refugee was expanded by regional conventions in Africa and Latin America to include persons who had fled war or other violence in their home country. It is important to note that article 33 of the Convention provides for the principle of non-refoulement which means that no contracting state shall expel or return (refouler) a refugee in any manner whatsoever to territories where his or her life or freedom would be threatened. Those who seek refugee status are referred to as "asylum seekers"; the conditions under which a person is granted refugee status is left to the discretion of States. The office of the United Nations High Commissioner for Refugees (UNHCR) is the principal UN organ that protects and supports refugees. Over time, UNHCR's mandate has been expanded to cover other persons of concern, including some internally displaced persons. The UNHCR assists refugees in their resettlement or return and finds other solutions to their plight. On an international level, debates continue regarding the nature of the protection that refugees should be granted, the obligations of receiving countries and the role of the international community towards refugees.
This Research Guide is intended as a starting point for research on Refugees. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. See the Librarians Choice for the latest important publications on refugees and internally displaced persons. Links to the PPL Catalogue are inserted. The Library's classification index code (systematic code) 160c. Other Administrative, Social and Humanitarian Questions (Refugees, etc.) and keywords Refugees or Displaced Persons are instrumental for searching through the Catalogue. Other systematic codes which may be helpful are 53a6a. (European Union immigration issues), 100 (Emigration and immigration in general), 101. (Emigration and immigration in the various states), 103. (Expulsion) and 253. (Asylum). Other keywords which may be helpful: Emigration and Immigration, Asylum, Right of Asylum, Irregular migrants, Convention relating to the Status of Refugees, UNHCR, Expulsion and Non-Refoulement. Special attention in the Research Guide is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.
Online publications (open access), january 2016 - april 2016.
- Angenendt, S., A. Koch and A. Meier, "2020 – How Germany and the EU Overcame the Great Refugee Crisis", in L. Brozus, Unexpected, Unforeseen, Unplanned, Scenarios of International Foreign and Security Policy, Foresight Contributions 2015, SWP Research Paper 2016/RP 01, pp. 38-43.
- Benedi Lahuerta, S., Wearing the veil at work: Achbita and Bougnaoui - Can a duty to reasonable accommodation be derived from the EU concept of indirect discrimination?, EU Law Analysis, 15-03-2016.
- Berger, M. and F. Heinemann, Why and How There Should Be More Europe in Asylum Policies, Centre for European Economic Research, No. 1, January 2016.Brookings Institution,The global refugee crisis: Moral dimensions and practical solutions, 5-2-2016, video.
- Caviedes, A., European Integration and the Governance of Migration, Journal of Contemporary European Research, 12 (2016), No. 1, pp. 552-565.
- Crock, M. and K. Bones, "Australian Exceptionalism: Temporary Protection and the Rights of Refugees", Melbourne Journal of International Law, 16 (2015), no. 2, pp. 1-28.ECRE, Case Law Fact Sheet: Prevention of Dublin Transfers to Hungary, January 2016.
- Curley, A., Welcome to Denmark: How Will You Be Paying for Your Stay? RefLaw, Blog, March 2016.
- European Economic and Social Committee - Opinion - 'A European Agenda on Migration’-24-02-2016
- EPRS, Unaccompanied migrant children in the EU (this keysource brings together a selection of information materials describing the situation of unaccompanied children within the EU), 20-01-2016.
- European Parliament, Study: Fit for Purpose? The Facilitation Directive and the Criminalisation of Humanitarian Assistance to Irregular Migrants, 28-01-2016.García Andrade, P., Who is in charge? The external representation of the EU on dialogues on immigration and asylum with third countries, EU Migration Law Blog, 13-01-2016.
- Goodwin-Gill, G.S., ‘The Challenges to International Refugee Law in the Current Crisis’, Notes for a Presentation, 3-03-2016.
- Haijer, F. and J. Handmaker, Addressing root causes of Europe’s immigration crisis through extraterritorial measures, The Broker, 4-2-2016.
- Halleskov Storgaard, L., Enhancing and Diluting the Legal Status of Subsidiary Protection Beneficiaries under Union law – the CJEU Judgment in Alo and Osso, EU Law Analysis, 9-3-2016.
- Heijer, M. den, T. Spijkerboer and J.J. Rijpma, Coercion, Prohibition, and Great Expectations: The Continuing Failure of the Common European Asylum System," Common Market Law Review, Forthcoming May/June 2016.
- Janmyr, M., The Legal Status of Syrian Refugees in Lebanon, Issam Fares Institute for Public Policy and International Affairs, American University in Beirut, March 2016.
- Kasapi, Z.A., The impact of European Union law on Family Reunification in Greece, 9-3-2016, EDAL.
- Kaur, R., An Assessment of the International Legal Obligations Owed to the Rohingya Refugees, ISAS Working Paper, no. 229 (National University of Singapore, Feb. 2016)
- Kegels, M., Getting the Balance Right: Strengthening Asylum Reception Capacity at National and EU Levels, Migration Policy Institute, February 2016.
- LSE Human Rights Series on Refugee and Migration Rights (four articles), 8-11 february 2016.
- Nordic Africa Institute, Eritrea's Refugee Crisis and the Role of International Community, March 2016.
- ODI, Global Migration: From Crisis to Opportunity, London, 10 Feb. 2016, video.
- OpenDemocracy debate: The future of refugee protection: What new approaches to meet a growing crisis?
- Peers, S., Detention of asylum-seekers: the first CJEU judgment, EU Law Analysis, 9-3-2016.
- Petcharamesree, S., "ASEAN and its Approach to Forced Migration Issues", International Journal of Human Rights, 20 (2016), no. 2, [free full-text]
- Rahman, Z., and A.Taylor, Allocating responsibility for an asylum application through Convention rights: The potential impact of ZAT & Others, EDAL, 3-3-2016.
- Ramji-Nogales, J., Prohibiting Collective Expulsion of Aliens at the European Court of Human Rights, ASIL Insights, 04-01-2016.
- Rita Gil, A., Collective expulsions in times of migratory crisis: Comments on the Khlaifia case of the ECHR, EU Migration Law Blog, 11-02-2016.
- No.2.Weyembergh, A.,(et al), The Paris Terrorist Attacks: Failure of the EU’s Area of Freedom, Security and Justice?, EU Migration Law Blog, 06-01-2016.
- Yeo, C., Court of Appeal considers EU deportation, public revulsion and “imperative grounds”, Free Movement, 06-01-2016.
- Abou-El-Wafa, A., The Right to Asylum between Islamic Shari'ah and International Refugee Law: A Comparative Study, Riyadh, Naif Arab University, 2009.
- Alland, D. et C. Teitgen-Colly, Traité du droit de l'asile, Paris, Presses Universitaires de France, 2002.
- Boeles, P.(et al.)(eds.), European Migration Law, Cambridge/Antwerp/Portland, Intersentia, 2014.
- Boswell, R.A., J. Moore, and K. Musalo, Refugee Law and Policy: A Comparative and International Approach, Durham, Carolina Academic Press, 2011.
- Carlier, J-Y. , Droit de l'Asile et des Refugiés: de la Protection aux Droits, Recueil des Cours, Vol. 332, 2007.
- Clayton, G., Textbook on Immigration and Asylum Law, Oxford, Oxford University Press, 2014.
- Fiddian-Qasmiyeh, E. (et al.) (eds.), The Oxford Handbook of Refugee and Forced Migration Studies, Oxford, Oxford University Press, 2014.
- Fitzpatrick, J.F.(ed.) , Human Rights Protection for Refugees, Asylum Seekers and Internally Displaced Persons: A Guide to International Mechanisms and Procedures, Ardsley, New York, Transnational Publishers, 2002.
- Germano Cortese, E.(et al.), Lo straniero e il guidice civile: Aspetti sostanziali e processuali di diritto dell'immigrazione, Torino, UTET Giuridica, 2014.
- Gibney, M. Global Refugee Crisis: a Reference Handbook, Santa Barbara, ABC-CLIO, 2010.
- Goodwin-Gill, G.S. and J. McAdam, The Refugee in International Law, Oxford, Oxford University Press, 2007.
- Grahl-Madsen, A., The Status of Refugees in International Law, Leyden, Sijthoff, 1966.
- Hathaway, J.C. (ed.), Human Rights and Refugee Law, Cheltenham/Northampton, Edward Elgar, 2013.
- Hathaway, J.C. and M. Foster, The Law of Refugee Status, Cambridge, Cambridge University Press, 2014.
- Loescher, G., Beyond Charity: International Cooperation and the Global Refugee Crisis, New York, Oxford University Press, 1993.
- Odello, M., Il Diritto dei Rifugiati, Milano, FrancoAngeli, 2013.
- Ahsan Ullah, A.K.M., Refugee Politics in the Middle East and North Africa: Human Rights, Safety, and Identity, Basingstoke, Palgrave MacMillan, 2014.
- Akram, S.M. and T. Syring, Still Waiting for Tomorrow: The Law and Politics of Unresolved Refugee Crises, Newcastle upon Tyne, Cambridge Publishing, 2014.
- Amrith, M., Ambiguities in the Categories of Migration, Barcelona, United Nations University Institute on Globalization, Culture and Mobility (UNU-GCM), Policy Report No. 02/06, 2013.
- Beyani, C., Protection of the Right to Seek and Obtain Asylum under African Human Rights System, Leiden, Nijhoff, 2013.
- Bradley, M., Refugee Repatriation: Justice, Responsibility and Redress, New York, Cambridge University Press, 2013.
- Chassin, C-A. (ed.), Les Migrations Contraintes, Paris, Pedone, 2014.
- Chetail, V. and C. laly-Chevalier (eds.), Asile et extradition: Théorie et pratique de l'exclusion du statut de réfugié, Bruxelles, Bruylant, 2014.
- Dastyari, A., United States Migrant Interdiction and the Detention of Refugees in Guantánamo Bay, Cambridge, Cambridge University Press, 2015.
- Fabado, I.R. (ed.), Libertad de circulación, asilo y refugio en la Unión Europea, Valencia, Tirant lo Blanch, 2014.
- Gatrell, P., The Making of The Modern Refugee, Oxford, Oxford University Press, 2013.
- Islam, R. and J.H. Bhuiyan (eds.), An Introduction to International Refugee Law, Leiden, Nijhoff, 2013.
- Jacques, M., Armed conflict and Displacement : The Protection of Refugees and Displaced Persons under International Humanitarian Law, Cambridge, Cambridge University Press, 2012.
- Juss, S.S. and C. Harvey (eds.), Contemporary Issues in Refugee Law, Cheltenham, Elgar, 2013.
- Juss, S.S (ed.), The Ashgate Research Companion to Migration Law, Theory and Policy, Farnham, Ashgate, 2013.
- Kneebone, S. D. Stevens and L. Baldassar (eds.), Refugee Protection and the Role of Law: Conflicting Identities, London, Routledge, 2014.
- Lewis, C., UNHCR and International Refugee Law: From Treaties to Innovation, London, Routledge, 2012.
- Loescher, G., A. Betts and J. Milner, The United Nations High Commissioner for Refugees (UNHCR): The Politics and Practice of Refugee Protection, London, Routledge, 2012.
- Markard, N., Kriegsflüchtlinge : Gewalt gegen Zivilpersonen in bewaffneten Konflikten als Herausforderung für das Flüchtlingsrecht und den subsidiären Schutz, Tübingen, Mohr Siebeck, 2012.
- McAdam, J., Climate Change, Forced Migration and International Law, Oxford, Oxford University Press, 2012.
- Nykänen, E., Fragmented State Power and Forced Migration : A Study on Non-State Actors in Refugee Law, Leiden, Brill, 2012.
- O'Nions, H., Asylum: A Right Denied, Farnham, Ashgate, 2014.
- Ortiz Ahlf, L., Derechos Humanos de los Indocumentados, Valencia, Tirant lo Blanch, 2013.
- Reed-Hurtado, M.,The Cartagena Declaration on Refugees and the Protection of People Fleeing
Armed Conflict and Other Situations of Violence in Latin America, Legal and Protection Policy Paper Research Series, UNHCR, 2013, No. 32.
- Reneman, M., EU Asylum Procedures and the Right to An Effective Remedy, Oxford/Portland, Hart Publishing, 2014.
- Simeon, J.C. (ed.), The UNHCR and the Supervision of International Refugee Law, Cambridge, Cambridge University Press, 2013.
- Smit, A., The Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution, Abingdon, Routledge, 2012.
- Smyth, C.M., European Asylum Law and the Rights of the Child, London, Routledge, 2014.
- Thakur, R.C., International Human Rights of Refugees: A Factual Analysis, New Delhi, Cyber Tech Publications, 2013.
- Bank, R., "The Potential and Limitations of the Court of Justice of the European Union in Shaping International Refugee Law", International Journal of Refugee Law, 27 (2015), No.2, pp. 213-244.
- Barichello, S.E., "Refugee Protection and Responsibility Sharing in Latin America: Solidarity Programmes and the Mexico Plan of Action", The International Journal of Human Rights, published online 30 september 2015.
- De Boer, T. and M. Zieck, ICC Witnesses and Acquitted Suspects Seeking Asylum in the Netherlands: An Overview of the Jurisdictional Battles between the ICC and Its Host State, International Journal of Refugee Law, 27 (2015), No. 4, pp. 573-606.
- Campbell, J., "Asylum vs Sovereignty in the 21st Century: How Nation-State's Breach International Law to Block Access to Asylum.' International Journal of Migration and Border Studies, Forthcoming 2016.
- Durieux, J-F., "Temporary Protection: Hovering at the Edges of Refugee Law", Netherlands Yearbook of International Law 2014, 45 (published may 2015), pp. 221-253.
- Fijnhout, C., “The Refugee Crisis: The End of Schengen?” (editorial), European journal of crime, Criminal law and criminal justice, 23 (2015), No. 4, pp. 313-332.
- Heisbourg, F., “The Strategic Implications of the Syrian Refugee Crisis”, Survival, 57 (2015), No. 6, pp. 7-20.
- Ineli-Ciger, M., "Time to Activate the Temporary Protection Directive: Why the Directive can Play a Key Role in Solving the Migration Crisis in Europe", European Journal of Migration and Law, 18(2016), pp.1-33.
- Liliansa, D. and A. Jayadi, Should Indonesia Accede to The 1951 Refugee Convention and Its 1967 Protocol?, Indonesia law Review, 2015, 5(3), pp. 324-346 (full text)
- Morgades-Gil, S., "The Discretion of States in the Dublin III System for Determining Responsibility for Examining Applications for Asylum: What Remains of the Sovereignty and Humanitarian Clauses After the Interpretations of the ECtHR and the CJEU?", International Journal of Refugee Law, 27 (2015), No.3, pp. 433-456.
- Nicolosi, S.F., "Re-Conceptualizing the Right to Seek and Obtain Asylum in International Law ", International Human Rights Law Review, 4 (2015), No. 2, pp. 303-332.
- Nordin, R. (et al), "Unaccompanied & Denied: Regional Legal Framework for Unaccompanied Minors Asylum Seekers (UMAS)," Indonesia Law Review, vol. 5, no. 3 (2015)
- Santos Varo, J. and S.R. Sánchez- Tabernero, In Deep Water: Towards a Greater Commitment for Human Rights in Sea Operations Coordinated by Frontex? European Journal of Migration and Law, 18(2016), No.1, pp. 65-87.
- Sy, M., "UNHCR and Preventing Indirect Refoulement in Europe", International Journal of Refugee Law, 27 (2015), No.3, pp. 457-480.
- Valenta,M., D. Zuparic-Iljic and T.Vidovic, “Reluctant Asylum-Seekers: Migrants at the Southeastern Frontiers of the European Migration System”, Refugee survey quarterly, 34 (2015), No. 3, pp. 95-113
- Cartagena Declaration on Refugees (see also this interpretation of the extended refugee definition)
- Compendium of International Legal Instruments on Human Migration
- Convention and Protocol Relating to the Status of Refugees
- Convention Governing the Specific Aspects of Refugee Problems in Africa
- Handbook on European law relating to asylum, borders and immigration
- History of diplomatic asylum in Latin America, see this UNHCR historical
- Michigan Guidelines (guidelines produced by academic experts for confronting a cutting-edge problem in refugee protection. Michigan Guidelines on the Internal Protection Alternative (1999); Michigan Guidelines on Nexus to a Convention Ground (2001); Michigan Guidelines on Well-Founded Fear (2004); Michigan Guidelines on Protection Elsewhere (2006); Michigan Guidelines on the Right to Work (2009);Michigan Guidelines on the Exclusion of International Criminals (2013);Michigan Guidelines on Risk for Reasons of Political Opinion (2015).
- UNHCR Guidelines on International Protection
Periodicals, serial publications
- AWR Bulletin (no longer published)
- European Database of Asylum Law Journal (free access)
- European Journal of Migration and Law
- Forced Migration Review (free access)
- Georgetown Immigration Law Journal
- International Journal of Border and Migration Studies
- International Journal of Refugee Law
- International Review of the Red Cross (free access)
- ISIL Yearbook of International Humanitarian and Refugee Law (free access, 2011 latest)
- Journal of Immigration Asylum and Nationality Law (not available in the ppl)
- Journal of Refugee Studies
- Middle East Journal of Refugee Studies
- Migration Policy Practice Journal (free access)
- Migration Studies
- Oxford Monitor of Forced Migration (free access)
- Refuge (Canada's Journal on Refugees)
- Refugee Review (ESPMI Network, free access)
- Refugee Studies Centre Working Papers (free access)
- Refugee Survey Quarterly
- Refugee Watch (a South Asian Journal on Forced Migration)
- Refugees and Human Rights (click related)
- The Researcher (free access)
- Revue Européenne des Migrations Internationales
- UNHCR Legal and Protection Policy Research Series
- UNHCR Refugees Magazine (no longer published)
- UNHCR Working Papers New Issues in Refugee Research
Refugee Law Course
1. Migration and regional integration in West Africa
Keywords: West Africa, Economic Community of West African States, Regionalism, Migration, Identity,
2. Ontwikkelingen inzake vrij verkeer, asiel, voogdij en nationaliteit
Keywords: Belgium, European Union, Free movement, Social security, Asylum, Right of residence, Nationality, Custody, Emigration and immigration,
3. El conflicto interno y los derechos de los desplazados por violencia en Colombia
Keywords: Colombia, Civil wars, Internally displaced persons, War victims, Protection, Human rights,
4. Protección de los desplazados internos en los conflictos armados no internacionales
Keywords: Colombia, Civil wars, Internally displaced persons, War victims, Protection, Human rights, International humanitarian law, Legal regime,
5. Zobowiązania międzynarodowe a sytuacja uchodźców w Polsce
Keywords: Poland, Emigration and immigration, Refugees, Asylum, International law and domestic law,
6. Artikel 9ter Vreemdelingenwet
Keywords: Belgium, Right of residence, Mental illness, Health, Immigration law,
7. De Voogdijwet voor niet-begeleide minderjarige vreemdelingen
Keywords: Belgium, Aliens, Minors, Children, Custody, Children's rights,
Chetail, V., P. De Bruycker and F. Maiani (eds.), Reforming the Common European Asylum System: The New European Refugee Law, Leiden/Boston, Brill Nijhoff, 2016.View this title in our link resolver Plinklet
This book is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union.
Chapter 1 The Common European Asylum System: Bric-à-brac or System? Vincent Chetail;
Chapter 2 The Complex Relationship of Asylum and Border Controls in the European Union Elspeth Guild;
Chapter 3 Negotiating the Second Generation of the Common European Asylum System Instruments: A Chronicle Patricia Van De Peer;
Part II The Dublin Regulation
Chapter 4 The Dublin III Regulation: A New Legal Framework for a More Humane System? Francesco Maiani;
Chapter 5 Family Unity and Family Reunification in the Dublin System:
Still Utopia or Already Reality? Ulrike Brandl;
Chapter 6 The Dublin System, Solidarity and Individual Rights Madeline Garlick;
Part III The Qualification Directive
Chapter 7 Piecemeal Engineering: The Recast of the Rules on Qualification for International Protection Hemme Battjes;
Chapter 8 Refugee Status and Subsidiary Protection:
Towards a Uniform Content of International Protection? Céline Bauloz & Géraldine Ruiz;
Part IV The Reception Conditions Directive
Chapter 9 The European Union Reception Conditions: A Dignified Standard of Living for Asylum Seekers? Evangelia (Lilian) Tsourdi;
Chapter 10 Reception Conditions as Human Rights:
Pan-European Standard or Systemic Deficiencies? Jens Vedsted-Hansen;
Chapter 11 Vulnerable Persons as a New Sub-Group of Asylum Seekers? Lyra Jakuleviciene;
Part V The Asylum Procedures Directive
Chapter 12 The Recast Asylum Procedures Directive 2013/32/EU:
Caught between the Stereotypes of the Abusive Asylum-Seeker and the Vulnerable Refugee Cathryn Costello & Emily Hancox;
Chapter 13 Legal Aid for Applicants for International ProtectionBarbara Mikołajczyk;
Part VI Conclusion
Chapter 14 Building the Common European Asylum System beyond Legislative Harmonisation: Practical Cooperation, Solidarity and External Dimension Philippe De Bruycker & Evangelia (Lilian) Tsourdi;
Triandafyllidou, A. (ed.), Routledge Handbook of Immigration and Refugee Studies, London/New York, Routledge, Taylor & Francis Group, 2016.View this title in our link resolver Plinklet
The Routledge Handbook of Immigration and Refugee Studies offers a comprehensive and unique study of the multi-disciplinary field of international migration and asylum studies. Utilising contemporary information and analysis, this innovative Handbook provides an in depth examination of legal migration management in the labour market and its affect upon families in relation to wider issues of migrant integration and citizenship.
With a comprehensive collection of essays written by leading contributors from a broad range of disciplines including sociology of migration, human geography, legal studies, political sciences and economics, the Handbook is a truly multi-disciplinary book approaching the critical questions of:
- Migration and the labour market
- Integration and citizenship
- Migration, families and welfare
- Irregular migration
- smuggling and trafficking in human beings
- asylum and forced migration.
Organised into short thematic and geographical chapters the Routledge Handbook of Immigration and Refugee Studies provides a concise overview on the different topics and world regions, as well as useful guidance for both the starting and the more experienced reader. The Handbook’s expansive content and illustrative style will appeal to both students and professionals studying in the field of migration and international organisations.
Costello, C., The Human Rights of Migrants in European Law, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
Focussing on access to territory and authorization of presence and residence for third-country nationals, this book examines the EU law on immigration and asylum, addressing related questions of security of residence. Concentrating on the key measures concerning both the rights of third-country nationals to enter and stay in the EU, and the EU's construction of illegal immigration, it provides a detailed and critical discussion of EU and ECHR migration and refugee law.
Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law. Does the EU fulfil its post-national promise to create forms of membership beyond the state, or in its treatment of non-Europeans, does it undermine human rights and existing legal protections?
D'Orsi, C., Asylum-seeker and Refugee Protection in Sub-Saharan Africa: The Peregrination of a Persecuted Human Being in Search of a Safe Haven, London/New York, Routledge, Taylor & Francis Group, 2016.View this title in our link resolver Plinklet
It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d'Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.
Westra, L., S. Juss and T. Scovazzi, Towards a Refugee Oriented Right of Asylum, Farnham, Ashgate, 2015.View this title in our link resolver Plinklet
This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees.
Cantor, D.J., L.F. Freier and J-P. Gauci (ed.), A Liberal Tide? Immigration and Asylum Law and Policy in Latin America, London, Institute of Latin American Studies, 2015.View this title in our link resolver Plinklet
Over the past decade, a paradigm shift in migration and asylum law and policymaking appears to have taken place in Latin America. Does this apparent “liberal tide” of new laws and policies suggest a new approach to the hot topics of migration and refugees in Latin America distinct from the regressive and restrictive attitudes on display in other parts of the world? The question is urgent not only for our understanding of contemporary Latin America but also as a means of reorienting the debate in the migration studies field toward the important developments currently taking place in the region and in other parts of the global south. This book brings together eight varied and vibrant new analyses by scholars from Latin America and beyond to form the first collection that describes and critically examines the new liberalism in Latin American law and policy on migration and refugees.
Freedman, J., Gendering the International Asylum and Refugee Debate, Basingstoke, Palgrave Macmillan, 2015.View this title in our link resolver Plinklet
Women make up at least half of the world's refugees, but only a minority of asylum seekers who reach the West are female. International conventions as well as national laws and policies on asylum have frequently overlooked or ignored the gendered nature of asylum issues. Indeed, despite policies to counter gender-based violence, women in refugee camps are often victims of rape and sexual violence. This book redresses the lack of gender-specific analyses of asylum and refugee issues by providing a comprehensive account of women in global forced migration, and explaining the ways in which women's experiences are shaped by gendered relations and structures. The book provides a wide-ranging examination of all sides of the debate looking at causes of refugee flows, international laws and conventions and their application, responses to refugees and asylum seekers and the experiences of refugees and asylum seekers themselves. Drawing on interviews with refugees, asylum seekers, members of NGOs, voluntary organizations and policy makers, this book will be a valuable resource for students, academics and practitioners alike.
Gauci, J-P., M. Giuffré and E. Tsourdi (eds.), Exploring the Boundaries of Refugee Law: Current Protection Challenges, Leiden?Boston, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
rotection 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.
Baxewanos, F., Defending Refugee Rights : International Law and Europe's Offshored Immigration Control, Wien ; Graz, NWV Neuer Wissenschaftlicher Verlag, 2015.View this title in our link resolver Plinklet
European immigration control has been increasingly offshored in recent years. Various measures, such as the introduction of stricter visa requirements, carrier sanctions, and immigration liaison officers, effectively shifted immigration control away from the European border into third states' territories. As these extraterritorial controls are usually not accompanied by appropriate legal safeguards, they raise important questions from a human rights perspective. For refugees, in particular, they make access to protection increasingly unavailable.
This book is therefore concerned with the question of how refugee rights can be upheld in situations of offshored immigration control. It answers this question from an interdisciplinary perspective, dealing with
- theoretical concepts that need to be revisited in order to strengthen international law's effectiveness in these situations, such as ‘the border' and ‘sovereignty';
- the development, forms and rationales of offshored immigration control; and
- legal instruments to ensure human rights protection in these cases, especially regarding the principle of non-refoulement.
Peers, S. (et al)(eds.), EU Immigration and Asylum Law, Text and Commentary, Volume III: EU Asylum Law, Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides.
This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law.
The authors of each commentary are academic and practitioner experts in the field of EU immigration law based in the UK, Ireland and the Netherlands.
Y. Jansen, R. Celikates and J. de Bloois (eds.), The Irregularization of Migration in Contemporary Europe : Detention, Deportation, Drowning, London ; New York, Rowman & Littlefield International, 2015.View this title in our link resolver Plinklet
Working from an interdisciplinary perspective that draws on the social sciences, legal studies, and the humanities, this book investigates the causes and effects of the extremities experienced by migrants. Firstly, the volume analyses the development and political-cultural conditions of current practices and discourses of “bordering,” “illegality,” and “irregularization.” Secondly, it focuses on the varieties of irregularization and on the diversity of the fields, techniques and effects involved in this variegation. Thirdly, the book examines examples of resistance that migrants and migratory cultures have developed in order to deal with the predicaments they face. The book uses the European Union as its case study, exploring practices and discourses of bordering, border control, and migration regulation. But the significance of this field extends well beyond the European context as the monitoring of Europe’s borders increasingly takes place on a global scale and reflects an internationally increasing trend.
Baldinger, D., Vertical Judicial Dialogues in Asylum Cases: Standards on Judicial Scrutiny and Evidence in International and European Law, Leiden/Boston, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
What do international and EU law require from the national asylum judge with regard to the intensity of judicial scrutiny to be applied and evidentiary issues? To answer that question, an analysis is made of the provisions on national judicial proceedings contained in the Refugee Convention (RC), the International Covenant on Civil and Political Rights (ICCPR), the UN Convention against Torture (CAT), the European Convention on Human Rights (ECHR), and the EU Charter of Fundamental Rights. In addition, the assessment as performed by the UN Human Rights Committee, the UN Committee against Torture and the European Court of Human Rights in cases concerning the expulsion of asylum seekers is analysed.
Holzer, V., Refugees From Armed Conflict: The 1951 Refugee Convention and International Humanitarian Law, Cambridge/Antwerp/Portland, Intersentia, 2015.View this title in our link resolver Plinklet
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognised as refugees under the 1951 Refugee Convention. They are frequently considered as having fled from generalised violence rather than from persecution.
This book determines the international meaning of the refugee definition in Article 1A(2) of the 1951 Refugee Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights-based interpretation of the refugee definition is widely accepted, the interpretation and application of the 1951 Refugee Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach.
Starting from the history of international refugee law, the book situates the 1951 Refugee Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant’s predicament must be causally linked to race, religion, nationality, membership of a particular social group or political opinion
Cherubini, F., Asylum Law in the European Union, London; New York, Routledge, Taylor and Francis Group, 2015.View this title in our link resolver Plinklet
This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.
- African Human Rights Case Law Analyser (CLA). Collection of the human rights decisions of African supra-national mechanisms.
- Asylum Information Database. Asylum practice in EU Member States in particular with regard to asylum procedures, reception conditions and detention
- EISIL Database on Refugees, Asylum, Nationality, Displaced & Freedom of Movement. This section of the EISIL database includes sources and materials relating to the rights, treatment, and status of peoples whose identities vis-à-vis the state are indeterminate, resisted, or challenged. It also covers statelessness and rights of aliens.
- European Court of Human Rights (HUDOC). Access to the case-law of the European Court of Human Rights (Grand Chamber, Chamber and Committee judgments, decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports) and the Committee of Ministers (resolutions).
- European Database of Asylum Law. An online database containing case law from (at the moment) 17 EU Member States interpreting refugee and asylum law.
- European Migration Law. Information about the legal and jurisprudential developments taking place at EU level.
- Fullerton, M.(ed.), The Refugee Law Reader: : Cases, Documents and Materials, 6th edition, 2011, online. A comprehensive on-line model curriculum for the study of the complex and rapidly evolving field of international refugee law.
- Inter-American Court of Human Rights. Access to the case-law of the Inter-American Court of Human Rights.
- IOM Migration Law Database. International, regional and national instrument concerning migration.
- Max Planck Encyclopedia of Public International Law, International Refugee Organization, by Göran Melander.
- Max Planck Encyclopedia of Public International Law, Refugees, by Dieter Kugelmann.
- Max Planck Encyclopedia of Public International Law, Refugees, League of Nations Offices, by Dieter Kugelmann.
- Max Planck Encyclopedia of Public International Law, Refugees, United Nations High Commissioner (UNHCR), by Erika Feller and Anja Klug.
- OHCHR jurisprudence database. This database provides easy access to jurisprudence emanating from the United Nations Treaty Bodies which receive and consider complaints from individuals: the Human Rights Committee (CCPR), the Committee against Torture (CAT), the Committee on the Elimination of Discrimination against Women (CEDAW), the Committee on the Elimination of Racial Discrimination (CERD), the Committee on the Rights of Persons with Disabilities (CRPD), the Committee on Enforced Disappearances (CED), the Committee on Economic, Social and Cultural Rights (CESCR), and the Committee on the Rights of the Child (CRC).
- Refworld. A vast collection of reports and information relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks with a searchable database of case-law of national and international jurisprudential decisions.
- United Nations Audiovisual Library of International Law – Lecture Series, International Migration Law. The Lecture Series contains a permanent collection of lectures of enduring value on virtually every subject of international law given by leading international law scholars and practitioners from different regions, legal systems, cultures and sectors of the legal profession. Lectures on International Migration Law; Forced Migration - The Evolution of International Refugee Law and Organization; Expulsion in Public International Law, The Kampala Convention, The Sources of International Migration Law and The Principle of Non-refoulement in International Law)
The EU Migration Crisis and Moral Obligations
The European Union is currently coping with the world’s biggest migrant crisis since World War II. A record number of 107,500 migrants reached the EU’s borders last month.Large numbers of desparate migrants and refugees from the Middle East and Africa are trying to enter the European Union every day. Apart from this there are also many illegal immigrants who have entered the EU undetected. A conserable number of them have died during their attempt. According to a report of the UNHCR, around 2500 migrants who were trying to reach and enter the European Union have died or gone missing in the past year.Read more
Climate Change and Forced Migration : A Gap in Protection
The barely-above-sea-level, coral-dependent Maldives are sinking into the Indian Ocean. The apocalyptic fate is due to climate-change induced temperature increases, which have resulted in rising sea levels and dying coral reefs. In response, the state has built artificial islands—to accommodate the rising sea levels that may render previous places of residence inhabitable—and The Great Male Sea Wall—to protect Male from imposing storms. Many people have already been evacuated from their homes, temporarily housed in camps elsewhere in the Maldives. However, eventually the Maldives may become completely submerged and inhospitable. If the Maldives become a casualty of climate change, as has been predicted, people will be forced to flee from the islands altogether, potentially becoming stateless. They will have to seek protection elsewhere.Read more
Mixed Migration Flows Across the Mediterranean: The EU Agenda on Migration
Wars, conflict and persecution have forced more people than at any other time in history to flee their homes and seek refuge and safety elsewhere, according to UNHCR’s annual Global Trends Report: World at War, released on June 18, two days before world refugee day. One of the most recent and highly visible consequences of the world’s conflicts and the terrible suffering they cause has been the dramatic growth in the numbers of refugees seeking safety through dangerous sea journeys, including on the Mediterranean, in the Gulf of Aden and Red Sea, and in Southeast Asia.Read more
Borders Beyond Control?
In my previous blogpost “Feigning Immigration Control”, I argued that politicians are often busy with feigning immigration control while in reality they often can or want to do little about it. What do we actually know about the effects of immigration policies? In order to answer this question, I have conducted a research project on the ‘Determinants of International Migration’ (DEMIG) at the International Migration Institute at Oxford University. One of the main insights of the project is that while immigration restrictions often reduce immigration, these effects tend to be rather small. In addition, restrictions often have a four potential side-effects (‘substitution effects’) which further undermine their effectiveness or can even make them counter-productive.Read more
Border Controls and Human Rights: Migration in the Central Mediterranean
The Central Mediterranean has, in the last years, turned into the epicentre of human (migrant) disasters. The Central Mediterranean route refers to the migratory flow coming from Northern Africa towards Italy and Malta through the Mediterranean Sea. Here, Libya often acts as nexus point where migrants from the Horn of Africa and Western African routes meet before embarking on their journey towards the EU.Read more
First Global Forum on Statelessness - "New Directions in Statelessness Research and Policy"
From 15 to 17 September 2014, 3 institutions (the UNHCR, the agency mandated by the General Assembly to help states to address statelessness, and the Statelessness Programme of Tilburg University) co-hosted the first held Global Forum on Statelessness. The three-day event took place in the Academy building of the Peace Palace of The Hague, the Netherlands.Read more
International Refugee Law blog series I: Exclusion of Refugee Status: The Criminal Refugee
In the western world it is possible you live next to a war criminal, or your child might be playing with the daughter of a war criminal at school. It is also possible to live there without a real prospect of obtaining a form of legal status and without being held criminally responsible for the alleged crime. Who are these people living in legal limbo? why are they still here? The exclusion of refugee status (1F Refugee Convention) and its consequences will be dealt with in this blog.Read more
- International Association of Refugee Law Judges
- International Committee of the Red Cross: Refugees and IDPs
- IOM - International Organization for Migration
- Norwegian Refugee Council
- Office of the High Commissioner for Human Rights (Special Rapporteur on the human rights of migrants)
- Refugees International
- UNHCR: Online Protection Manual (UNHCR's repository of protection policy and guidance)
- UNHCR | Refworld (Refugee Decision Support)
- Council of Europe (CoE)
- European Union (EU)
- European Migration Law ( information about the legal and jurisprudential developments taking place at EU level)
- European Council on Refugees and Exiles (a pan-European alliance of 81 NGOs protecting and advancing the rights of refugees, asylum seekers and displaced persons)
Research and academia
- Border Crossing Observatory (research on border crossings and irregular migration)
- Consortium for Applied Research on International Migration
- Eurasylum (international research and consulting company that specialises solely in issues of immigration and asylum policy on behalf of public authorities worldwide)
- European Migration Network (provides information on migration and asylum topics to policy makers (at EU and Member State level) and the general public)
- ESIL Interest Group on Migration and Refugee Law
- Fahamu Legal Aid Newsletter
- Forced Migration Current Awareness
- Forced Migration Online
- The Graduate Institute: Global Migration Centre
- Guide to International Refugee Law Resources on the Web, by Elisa Mason - 2013
- The Hague Process on Refugees and Migration
- Harvard Research Guide on Forced Migration and Refugee Protection, by Aslihan Bulut
- Inter-University Committee on International Migration
- International Centre for Migration Policy Development (ICMPD)
- The Jean Monnet Centre of Excellence on Migrant's Rights in the Mediterranean
- The Kaldor Center for International Refugee Law
- Migration Information Source (tools, data, and essential facts on the movement of people worldwide)
- Migration Policy Centre
- Migration Policy Centre on the migrant crisis
- Migration Policy Institute
- Migreurop ( un réseau européen et africain de militants et chercheurs dont l’objectif est de faire connaître et de lutter contre la généralisation de l’enfermement des étrangers et la multiplication des camps, dispositif au coeur de la politique d’externalisation de l’Union européenne)
- Oxford LibGuide to Refugee Studies by Sarah Rhodes
- Picum (Platform for International Cooperation on Undocumented Migrants)
- Refugee Law Research Guide Berkeley Law Library
- Refugee Studies Centre
- Researching Forced Migration: A Guide to Reference and Information Sources, by Elisa Mason
- RSD Watch (a primary portal for discussing the challenges involved in UNHCR RSD)
- United Nations Office at Geneva Library research guide Refugees and Asylum Seekers
- United Nations University Migration Network (a research platform across Institutes of the UNU that shares expertise on Migration)
Blogs and commentary on immigration, refugees and asylum.
- The Asylumist (asylum in the USA)
- Brookings blogs (fill in keyword refugees in blog posts)
- Compas (blog on migration issues)
- ESIL Interest Group on Migration and Refugee Law Blogs and Publications
- EU Migration Law Blog (to provide a critical analysis of recent developments in the immigration and asylum law and policy of the European Union)
- Euro-Mediterranean Human Rights Network blog on migration and asylum
- Free Movement (updates and commentary on immigration and asylum law in Great Britain and the EU)
- The Migrationist (an international, collaborative academic/professional blog designed to promote public discourse informed by academics and professionals who focus on issues surrounding migration, refugees, and human trafficking)
- MPC Blog
- RefLaw (RefLaw.org is an online forum offering critical analysis on important new cases, legislation, and emerging issues in refugee law)
- Shares research project on shared responsibility in international law, section international refugee law
- UNHCR Global Views
More Research guides on Individuals and Groups
- Guest Post: Too Much Information? (There has been an exponential expansion in the amount of information and analysis on refugee-related issues over the past 30 years. But has quantity outstripped quality? Jeff Crisp provides this commentary.)
In the Spotlight: REFUGEE 'CRISIS'
In response to the refugee crisis in Europe, Oxford University Press has made more than 30 book chapters, journal articles, and pieces of content from online resources freely accessible to assist those working with refugees on the ground, as well as anyone who would like to know more about the framework of rights and obligations concerning refugees. The materials are structured around four key questions: who is a refugee, what rights do they have, what are transit states’ obligations, and what are the duties of the state where a refugee applies for asylum. See http://opil.ouplaw.com/page/refugee-law. See also the Oxford Human Rights Hub Blog Series on Human Rights and the Refugee Crisis in Europe and this blog by James Hathaway
- Across Borders (Devex et al.) Exploring human migration and the journey to a secure future.
- Al-Jazeera interactive (follow the journeys of three refugees)
- European Agenda on Migration, legislative documents (see also the latest press release European Commission/State of Play: Measures to Address the Refugee Crisis, 04-01-2016)
- EU Border Deaths Database
- Gleeson, M., European Approaches to Irregular Migration, Kaldor Centre for International Refugee Law
- Irin News Global Migrant & Refugee CrisisLecture Slides on the Mediterranean Migration Crisis
- Liquid Traces: The Left-to-Die Boat Case (directed by C. Heller and L. Pezzani, it offers a synthetic reconstruction of the events concerning what is known as the “left-to-die boat” case)
- Migration Flows in Europe, IOM, december 2015.
- Migreurop, a critical chronology of European Migration Policies through a time-framed comparison of the evolution of the legal framework, the public discourse and the facts.
- MPC website on the migrant crisis
- Refugee Republic: an online documentary about everyday life in Camp Domiz, a Syrian refugee camp in northern Iraq. Around 64 thousand predominantly Kurdish-Syrian refugees have sought shelter here. As the number of refugees grew, the camp gradually transformed from a temporary refuge to a makeshift town, where people live and work, go to school, start a business, get married, argue and have fun.Visual artist Jan Rothuizen, journalist Martijn van Tol, and photographer Dirk Jan Visser explored Camp Domiz from A to Z. They bring to life its inhabitants and places in a multidimensional mix of sound, drawings, photo and film.
- Statewatch Observatory EU Refugee Crisis: A Humanitarian Emergency (This observatory covers the arrival of refugees and migrants, the reactions and failures within the EU)
- Teaching with the News, Refugee Stories: Mapping a Crisis (it provides online curriculum materials and lessons to connect the content of your classroom to the headlines in the news, in this case refugees)
- The World’s Congested Human Migration Routes in 5 Maps.
- Undocumentary (a new teaching guide to educate about the realities undocumented migrants face across Europe)
- Podcasts of the Refugee Studies Centre (among others: three asylum paradigms by Jean-François Durieux; the child in international refugee law by Jason Pobjoy; see also the videos
- Podcasts of the School of Advanced Study at the University of London (see under Law and under Politics, Development and Human Rights)
- Videos, audio and webinars of the Migration Policy Institute with regards to different migration / refugees related subjects.
- Journal of East Asia and International Law videos on subjects from articles which appeared in the journal