In the case of persons ‘not having a nationality’, article 1A(2) of the 1951 Convention relating to the Status of Refugees provides that a claim to protection as a refugee must be made good by reference to the ‘country of his former habitual residence’ on the basis of being ‘unable or unwilling to return to it’ for a relevant reason. This article focuses on the rubric for qualification as a refugee for those ‘not having a nationality’. It addresses questions of interpretation, including the meaning of the phrases ‘not having a nationality’ and ‘country of his former habitual residence’; whether an individual may have multiple countries of former habitual residence; and, if so, how such cases are to be addressed, consistent with the Convention’s text and its underlying protective purpose.
{"title":"Statelessness, Inability or Unwillingness to Return, and the ‘Country of His Former Habitual Residence’ as the Country of Reference for the Purposes of Article 1A(2) of the 1951 Convention relating to the Status of Refugees","authors":"E. Fripp","doi":"10.1093/ijrl/eeac046","DOIUrl":"https://doi.org/10.1093/ijrl/eeac046","url":null,"abstract":"\u0000 In the case of persons ‘not having a nationality’, article 1A(2) of the 1951 Convention relating to the Status of Refugees provides that a claim to protection as a refugee must be made good by reference to the ‘country of his former habitual residence’ on the basis of being ‘unable or unwilling to return to it’ for a relevant reason. This article focuses on the rubric for qualification as a refugee for those ‘not having a nationality’. It addresses questions of interpretation, including the meaning of the phrases ‘not having a nationality’ and ‘country of his former habitual residence’; whether an individual may have multiple countries of former habitual residence; and, if so, how such cases are to be addressed, consistent with the Convention’s text and its underlying protective purpose.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44373914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article 73rd Session of the Executive Committee of the High Commissioner’s Programme Statement by Gillian Triggs Get access Assistant High Commissioner for Protection Assistant High Commissioner for Protection Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 35, Issue 1, March 2023, Pages 137–142, https://doi.org/10.1093/ijrl/eead015 Published: 09 October 2023
{"title":"73rd Session of the Executive Committee of the High Commissioner’s Programme Statement by Gillian Triggs","authors":"","doi":"10.1093/ijrl/eead015","DOIUrl":"https://doi.org/10.1093/ijrl/eead015","url":null,"abstract":"Journal Article 73rd Session of the Executive Committee of the High Commissioner’s Programme Statement by Gillian Triggs Get access Assistant High Commissioner for Protection Assistant High Commissioner for Protection Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 35, Issue 1, March 2023, Pages 137–142, https://doi.org/10.1093/ijrl/eead015 Published: 09 October 2023","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135532171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article The Rights of Refugees under International Law Get access James C Hathaway, The Rights of Refugees under International Law (2nd edn, Cambridge University Press, Cambridge, UK, and New York 2021) lxx + 1382 pp, ISBN 978-1-108-86353-7 (ebk) Rodolfo Ribeiro C Marques Rodolfo Ribeiro C Marques PhD candidate in international law and Teaching Assistant, Geneva Graduate Institute, SwitzerlandVisiting PhD Fellow, Lauterpacht Centre for International Law, University of Cambridge, UK rodolfo.ribeiro@graduateinstitute.ch Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 35, Issue 1, March 2023, Pages 146–149, https://doi.org/10.1093/ijrl/eead011 Published: 09 October 2023
{"title":"The Rights of Refugees under International Law","authors":"Rodolfo Ribeiro C Marques","doi":"10.1093/ijrl/eead011","DOIUrl":"https://doi.org/10.1093/ijrl/eead011","url":null,"abstract":"Journal Article The Rights of Refugees under International Law Get access James C Hathaway, The Rights of Refugees under International Law (2nd edn, Cambridge University Press, Cambridge, UK, and New York 2021) lxx + 1382 pp, ISBN 978-1-108-86353-7 (ebk) Rodolfo Ribeiro C Marques Rodolfo Ribeiro C Marques PhD candidate in international law and Teaching Assistant, Geneva Graduate Institute, SwitzerlandVisiting PhD Fellow, Lauterpacht Centre for International Law, University of Cambridge, UK rodolfo.ribeiro@graduateinstitute.ch Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 35, Issue 1, March 2023, Pages 146–149, https://doi.org/10.1093/ijrl/eead011 Published: 09 October 2023","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135532169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Since India has no established refugee regime, most developments in this sphere have arisen from judgments. However, the lack of relevant applicable law means that these developments are piecemeal and humanitarian at best, failing to make true advances in jurisprudence, and anti-refugee at worst. This article argues that through recourse to international law, these hurdles can be surmounted to ensure more robust protection to refugees. Further, it is argued that constitutional and international law obligations binding India mandate that the Indian judiciary refer to these international law instruments. Doing so would ensure significantly stronger protection for refugees and less deference to the executive’s ad hoc stance.
{"title":"Evaluating the Indian Refugee Law Regime: How Has the Judiciary Responded to Refugee Claims in Light of International Law Obligations, and How Can It Do Better?","authors":"Aishwarya Birla","doi":"10.1093/ijrl/eead013","DOIUrl":"https://doi.org/10.1093/ijrl/eead013","url":null,"abstract":"Abstract Since India has no established refugee regime, most developments in this sphere have arisen from judgments. However, the lack of relevant applicable law means that these developments are piecemeal and humanitarian at best, failing to make true advances in jurisprudence, and anti-refugee at worst. This article argues that through recourse to international law, these hurdles can be surmounted to ensure more robust protection to refugees. Further, it is argued that constitutional and international law obligations binding India mandate that the Indian judiciary refer to these international law instruments. Doing so would ensure significantly stronger protection for refugees and less deference to the executive’s ad hoc stance.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135469424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article High Commissioner’s Opening Statement to the 73rd Session of the UNHCR Executive Committee Get access Filippo Grandi Filippo Grandi United Nations High Commissioner for Refugees Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 35, Issue 1, March 2023, Pages 128–136, https://doi.org/10.1093/ijrl/eead014 Published: 09 October 2023
{"title":"High Commissioner’s Opening Statement to the 73rd Session of the UNHCR Executive Committee","authors":"Filippo Grandi","doi":"10.1093/ijrl/eead014","DOIUrl":"https://doi.org/10.1093/ijrl/eead014","url":null,"abstract":"Journal Article High Commissioner’s Opening Statement to the 73rd Session of the UNHCR Executive Committee Get access Filippo Grandi Filippo Grandi United Nations High Commissioner for Refugees Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 35, Issue 1, March 2023, Pages 128–136, https://doi.org/10.1093/ijrl/eead014 Published: 09 October 2023","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135532170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Case Law Summaries","authors":"","doi":"10.1093/ijrl/eead012","DOIUrl":"https://doi.org/10.1093/ijrl/eead012","url":null,"abstract":"","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135532173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Drawing on a detailed history of the ‘ceased circumstances’ cessation clause that was invoked for Eritrean refugees in 2002, this article highlights why the starting point for any analysis of the application of article 1C(5) of the 1951 Convention relating to the Status of Refugees must focus as much on politics as on law. This is not only because of the impossibility of insulating States and the United Nations High Commissioner for Refugees (UNHCR) from the political pressures that surround any determination of ‘ceased circumstances’ in a particular country, but also because the very standards on which such a determination rests are inherently relational, circumstantial, and political. Despite guidelines on the application of the clause promoting an ‘objective and verifiable’ approach, they rest on assessments of a ‘functioning’ government and ‘effective’ protection, of acceptable standards of human rights, and of the ‘best interests’ of refugees, all of which are geographically and historically contingent. The article thus argues that focusing on the legal standards that ostensibly underpin any invocation of article 1C(5) may perpetuate the fallacy that these standards can ever be objectively determined and, in focusing attention on how to better clarify these thresholds and conditions, this approach may, in certain instances, divert attention from confronting the political pressures that govern the application of the clause.
{"title":"Applying the ‘Ceased Circumstances’ Cessation Clause: More Politics than Law?","authors":"Georgia Cole","doi":"10.1093/ijrl/eead016","DOIUrl":"https://doi.org/10.1093/ijrl/eead016","url":null,"abstract":"Abstract Drawing on a detailed history of the ‘ceased circumstances’ cessation clause that was invoked for Eritrean refugees in 2002, this article highlights why the starting point for any analysis of the application of article 1C(5) of the 1951 Convention relating to the Status of Refugees must focus as much on politics as on law. This is not only because of the impossibility of insulating States and the United Nations High Commissioner for Refugees (UNHCR) from the political pressures that surround any determination of ‘ceased circumstances’ in a particular country, but also because the very standards on which such a determination rests are inherently relational, circumstantial, and political. Despite guidelines on the application of the clause promoting an ‘objective and verifiable’ approach, they rest on assessments of a ‘functioning’ government and ‘effective’ protection, of acceptable standards of human rights, and of the ‘best interests’ of refugees, all of which are geographically and historically contingent. The article thus argues that focusing on the legal standards that ostensibly underpin any invocation of article 1C(5) may perpetuate the fallacy that these standards can ever be objectively determined and, in focusing attention on how to better clarify these thresholds and conditions, this approach may, in certain instances, divert attention from confronting the political pressures that govern the application of the clause.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135529142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article Turning Points in International Protection: Onwards and Upwards, or U-Turns and Roundabouts? Get access Jane McAdam Jane McAdam j.mcadam@unsw.edu.au Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 35, Issue 1, March 2023, Pages 1–9, https://doi.org/10.1093/ijrl/eead005 Published: 09 October 2023
期刊文章国际保护的转折点:向前和向上，还是u型转弯和迂回?获取访问Jane McAdam Jane McAdam j.mcadam@unsw.edu.au搜索作者的其他作品:牛津学术谷歌学者国际难民法杂志，第35卷，第1期，2023年3月，第1 - 9页，https://doi.org/10.1093/ijrl/eead005出版:2023年10月9日
{"title":"Turning Points in International Protection: Onwards and Upwards, or U-Turns and Roundabouts?","authors":"Jane McAdam","doi":"10.1093/ijrl/eead005","DOIUrl":"https://doi.org/10.1093/ijrl/eead005","url":null,"abstract":"Journal Article Turning Points in International Protection: Onwards and Upwards, or U-Turns and Roundabouts? Get access Jane McAdam Jane McAdam j.mcadam@unsw.edu.au Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 35, Issue 1, March 2023, Pages 1–9, https://doi.org/10.1093/ijrl/eead005 Published: 09 October 2023","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135532172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Refugee in International Law","authors":"Hugo Storey","doi":"10.1093/ijrl/eead009","DOIUrl":"https://doi.org/10.1093/ijrl/eead009","url":null,"abstract":"","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135533698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The rapid spread of COVID-19 in Europe has led to the further deterioration of the crisis concerning the application of the provisions of European Union (EU) asylum law in most Member States. Accordingly, this article aims to shed light on the impact that the health emergency is having on the Common European Asylum System (CEAS). This requires a twofold legal analysis. First, the article discusses whether health emergencies, like that caused by COVID-19, should affect the scope of States’ obligations stemming from the CEAS, such as the principle of non-refoulement and access to asylum procedures. In this connection, it reviews, in light of international law obligations and the EU border control regime, the policy responses and legislative measures adopted by EU Member States during the first few weeks of the pandemic that resulted in the closure of borders to asylum seekers. Secondly, the article investigates whether the CEAS legal toolbox contains adequate provisions that can be applied in emergency situations. Thus it analyses the impact of the health emergency on reception conditions for asylum seekers. Based on the findings of this twofold analysis, it is concluded that certain rights, such as the right to seek asylum, cannot be suspended – not even during a situation of health emergency – and that it is all the more urgent to redesign a CEAS that takes account of the challenges posed by future situations of health emergency.
{"title":"Health Emergency and Asylum Law in the European Union","authors":"S. Nicolosi","doi":"10.1093/ijrl/eeac043","DOIUrl":"https://doi.org/10.1093/ijrl/eeac043","url":null,"abstract":"\u0000 The rapid spread of COVID-19 in Europe has led to the further deterioration of the crisis concerning the application of the provisions of European Union (EU) asylum law in most Member States. Accordingly, this article aims to shed light on the impact that the health emergency is having on the Common European Asylum System (CEAS). This requires a twofold legal analysis. First, the article discusses whether health emergencies, like that caused by COVID-19, should affect the scope of States’ obligations stemming from the CEAS, such as the principle of non-refoulement and access to asylum procedures. In this connection, it reviews, in light of international law obligations and the EU border control regime, the policy responses and legislative measures adopted by EU Member States during the first few weeks of the pandemic that resulted in the closure of borders to asylum seekers. Secondly, the article investigates whether the CEAS legal toolbox contains adequate provisions that can be applied in emergency situations. Thus it analyses the impact of the health emergency on reception conditions for asylum seekers. Based on the findings of this twofold analysis, it is concluded that certain rights, such as the right to seek asylum, cannot be suspended – not even during a situation of health emergency – and that it is all the more urgent to redesign a CEAS that takes account of the challenges posed by future situations of health emergency.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46203039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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