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Full Description
This book documents the current global refugee crisis and examines the interrelated factors of immigration enforcement, international human rights law, political violence, and refugee protection.
There are two disparate components to the global refugee crisis: first, there are about 46 million refugees and Internally Displaced Persons (IDPs), most of whom are struggling to survive in the poorest and most violent countries in the world, and second, our interpretation of international human rights law allows this state of affairs to worsen.
Refugee protection has been a longstanding policy that ostensibly protects victims of human rights violations from other countries. In actuality, protection is largely negated by systematic efforts by industrialized states to reduce the number of refugees arriving at the borders. This book provides a comprehensive examination of this worldwide problem and rejects the idea that the majority of asylum seekers abuse the system to gain entrance into the country.
Provides the latest empirical data covering the last 30 years, analyzing the human rights practices of the states that produce the majority of the world's asylum seekers
Includes a chapter of over 40 biographies of distinguished refugees from all over the world.
Contains primary source documents of international treaties and protocols related to refugees, as well as data figures revealing statistical trends of asylum seekers and displaced persons
Contents
List of Tables and Figures
Preface
1 Background and History
Introduction
The History of Protecting Refugees
The Post-War Human Rights Revolution
The 1951 Refugee Convention
Alienage
"Well-Founded Fear,"
Persecution
The Nexus Requirement
Exclusions
Exceptions to Nonrefoulement
Cessations
Refugee Rights
Nonrefoulement
Rights Owed to Refugees Physically Present in the Receiving State
Rights Owed to Refugees Lawfully in the Contracting State
Rights Owed to Refugees Lawfully Staying in the Contracting State
Rights Owed to Refugees Residing in the Contracting State
Interface with International and Regional Human Rights Instruments
Nonrefoulement
Racism
Detention
Economic, Social, and Cultural Rights
Rights of the Child
Domestic Procedures
Establishing Eligibility
Denial of Asylum Hearings and Accelerated Procedures
Returned Refugees
Conclusion
References
Books, Articles, and Chapters
Cases and Administrative Decisions
2 Problems, Controversies, and Solutions
Asylum Abuse?
United Kingdom
The Netherlands
Sweden
United States
Summary
Nonrefoulement: When (and Where) Does the Prohibition Apply?
Sale v. Haitian Centers Council, 509 U.S. 155 (1993)
Justice Blackmun's Dissent
Summary
The Practices of Other States
Re-Conceptualizing Human Rights—and Refugee Protection
The Responsibility to Protect (R2P)
Extraterritorial Obligations (ETO) Consortium
Implications for Refugee Protection
References
Books, Articles, and Chapters
Cases and Administrative Decisions
3 Special U.S. Issues
A Historical Survey of U.S. Alien Admission Practices
The Cold War, U.S. Foreign Policy, and Refugee Protection
Current Refugee/Asylum Law and Practice in the United States
Overseas Refugee Program
Criticisms of ORP
Asylum
1996 Changes to U.S. Asylum Law
Asylum and Withholding of Deportation
Disqualifications
Detention
Temporary Protection
Conclusion
References
Books, Articles, and Chapters
Cases and Administrative Decisions
4 Chronology
5 Biographical Sketches
Mahnaz Afkhami
Sonya Aho
Madeleine Albright
Isabel Allende
Hannah Arendt
Christine Arnothy
Mathangi Maya Arulpragasam (a.k.a. M.I.A.)
Bertolt Brecht
Nadia Comaneci
Zohra Daoud
Leandro Despouy
Emmanuel Dongala
Ariel Dorfman
Jaroslav Drobny
Albert Einstein
Nawal El Saadawi
Philip Emeagwali
Enrico Fermi
Tenzin Gyatso
Thich Nhat Hanh
Jóse Ramos Horta
Michaëlle Jean
Wassily Kandinsky
Fazil Kawani
Mebrahtom Keflezighi
Akbar Khurasani
Walter Lam
Raphael Lemkin
Miriam Makeba
Tatyana Mamonova
Predrag Matvejevic
Thabo Mbeki
Golda Meir
Makau Mutua
Martina Navratilova
Le Thanh Nhon
Rudolf Nureyev
Edward Said
Nolvia Dominguez Skjetne
Aleksandr Solzhenitsyn
George Soros
Loung Ung
Alek Wek
Gao Xingjian
6 Data and Documents
International and Regional Treaties
Convention Relating to the Status of Refugees
Protocol Relating to the Status of Refugees
Organization of African Unity, Convention Governing the Specific Aspects of Refugee Problems in Africa
Cartagena Declaration on Refugees
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Data on Asylum Applicants for Selected Western States 2008, 1998, and 1988
7 Directory of Organizations
8 Resources
Print Resources
Journals
Important Document Sources
Reference Works
Books
Selected Articles and Essays
Reports
Cases and Administrative Decisions
Selected Non-Print Resources
Online Resources
DVD Resources
Glossary
Index
About the Author
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