The United Nations Convention relating to the Status of Refugees of 1951 defines a refugee as ‘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 the Convention’s 1967 Protocol and by regional conventions in Africa and Latin America to include persons who had fled war or other violence in their home country. The Protocol ensures that internally diplaced persons can be recognized as refugees as well those who flee from areas because of natural disasters, large scale development projects, etc. 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. International refugee law determines that until a request of refuge has been accepted by a host country, the person is referred to as an ‘asylum seeker’. 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 (UNHCR) for Refugees is the principal UN organ that protects and supports refugees at the request of a government or the UN. 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 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. Links to the PPL Catalogue are inserted. The Library’s classification index code 160c. Other Administrative, Social and Humanitarian Questions and subject heading (keyword) Refugees are instrumental for searching through the Catalogue. Special attention 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.
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State authority and power have become diffused in an increasingly globalised world characterised by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This book explores the prospects for such an order in the context of refugee law in Europe, focussing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others’ decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
Guy S. Goodwin-Gill and Hélène Lambert, 2010This 2010 volume of essays examines key 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 confront this area of law, and to seek ways to advance the field as a whole.
[[Category:Human Rights]]
The limits of transnational law : refugee law, policy harmonization and judicial dialogue in the European Union / , 2010
Critical issues in international refugee law : strategies toward interpretative harmony / , 2010
Give refuge to the stranger : the past, present, and future of sanctuary / , 2011
Traité du droit de l'asile / , 2002
Textbook on immigration and asylum law / , 2006
Victims as security threats : refugee impact on host state security in Africa / , 2002
