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Forced Migration, Human Rights and Security

Editor(s): Jane McAdam
Media of Forced Migration, Human Rights and Security
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Published: 13-03-2008
Format: PDF eBook (?)
Edition: 1st
Extent: 316
ISBN: 9781847314147
Imprint: Hart Publishing
Series: Studies in International Law
RRP: £54.00
Online price : £29.70
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Loren Epson

About Forced Migration, Human Rights and Security

The international protection regime for refugees and other forced migrants seems increasingly at risk as measures designed to enhance security-of borders, of people, of institutions, and of national identity-encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the international protection regime, with a particular focus on the human rights of those displaced. The book begins by assessing the impact of anti-terrorism laws on refugee status, both at the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers' access to territory and entitlements (both procedural and substantive). It considers the particular needs and rights of children as forced migrants, but also as children; the role of human rights law in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makers in assessing the credibility of evidence; and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law, so as to overcome (or at least diminish) the currently diverse and sometimes conflicting approaches of national courts. The last part of the book examines the status of people who benefit from 'complementary protection'-such as those who cannot be removed from a country because they face a risk of torture or cruel, inhuman or degrading treatment or punishment-and the scope for the broader concept of the 'responsibility to protect' to address gaps in the international protection regime.

Table Of Contents

1. Forced Migration: Refugees, Rights and Security Guy S Goodwin-Gill
2. Resolution 1373-A Call to Pre-empt Asylum Seekers? (or 'Osama, the Asylum Seeker') Penelope Mathew
3. National Security and Non-Refoulement in New Zealand: Commentary on Zaoui v Attorney-General (No 2) Rodger Haines QC
4. Offshore Barriers to Asylum Seeker Movement: The Exercise of Power without Responsibility? Savitri Taylor
5. The Legal and Ethical Implications of Extraterritorial Processing of Asylum Seekers: The 'Safe Third Country' Concept Susan Kneebone
6. Re-thinking the Paradigms of Protection: Children as Convention Refugees in Australia Mary Crock
7. Wearing Thin: Restrictions on Islamic Headscarves and Other Religious Symbols Ben Saul
8. Subjectivity and Refugee Fact-Finding Arthur Glass
9. Towards Convergence in the Interpretation of the Refugee Convention: A Proposal for the Establishment of an International Judicial Commission for Refugees Anthony M North and Joyce Chia
10. The Refugee Convention as a Rights Blueprint for Persons in Need of International Protection Jane McAdam
11. The Responsibility to Protect: Closing the Gaps in the International Protection Regime Erika Feller


“...any publication within the McAdam repertoire is approached with high expectations and this edition is no exception to the standard set in earlier works.” –  Lisa Yarwood, International Journal of Refugee Law Vol 21, no 2

“[The] papers, by leading academic figures in the broad field of international law and human rights, will serve as a handy tool of research for students, practitioners, historians and all others interested in the plight of involuntary migrants caught up in a constantly changing political environment across the globe.” –  Ramnik Shah, The Journal of Immigration, Asylum and Nationality Law Vol 23, No 2

“The findings of the book will make a valuable contribution to the ever ongoing discussion on the protection of persons in need of protection.” –  Karin Zwaan, European Journal of Migration and Law Volume 10, Number 4

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