Nov5

A Promise as a Right

November 5, 2019

Is a refugee entitled to the same disability benefits generally as Korean nationals based on the Refugee Convention Article 24 and the Refugee Act of Korea Articles 30 and 31, without requiring further individual legislation? This was the question the Busan District and High Courts of South Korea faced in Baloch Meer Balach Muhammad Zai v. Busan-Gwangyeogsi Sasang-gucheongjang (“Meer”). In this case, the courts grappled with whether refugees were entitled to disability benefits and how to define that right, making the first major decision on refugee rights in Korea.

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Sep13

Acquiescing in Refoulement: This week’s U.S. Supreme Court’s decision

September 13, 2019

Professor James C. Hathaway addresses the U.S. Supreme Court's recent decision in Attorney General v. East Bay Sanctuary, the case pertaining to the Trump Administration's attempt to unilaterally issue a "safe third country" rule for asylum seekers.

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Aug28

Compulsory Secondary Movement and Article 32 of the Refugee Convention

August 28, 2019

“Safe third countries” policies (better termed compulsory secondary movement policies) have been gaining popularity since the 1990s. Are they in compliance with Article 32 to the Convention relating to the Status of Refugees (“the Convention”), which sets limits on contracting states’ power to deport refugees to non-persecutory countries?

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Jun2

Nationality as an Element of the Refugee Definition and the Unsettled Issues of ‘Inchoate Nationality’ and ‘Effective Nationality’

June 2, 2019

This is the second of a two-part article dealing with the issues of ‘inchoate nationality’ and ‘effective nationality’ in the context of determination of nationality as an element of the refugee definition.

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Oct19

Climate change and international refugee law: A predicament approach

October 19, 2018

October 19, 2018 Lauren Nishimura RefLaw, Editorial Advisory Panel Oxford University, Doctoral Candidate Climate change is a reality, producing both extreme weather events like cyclones and storms and slower processes...

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Sep14

“Regional Disembarkation Platforms” and “Controlled Centres”: Lifting The Drawbridge, Reaching out Across The Mediterranean, or Going Nowhere?

European Union, September 14, 2018

Assuming that the EU and the EUMS are committed to respecting international and EU law, and that they don’t plan to upend the institutional structure of the CEAS by establishing common processing centres offshore, no “game changers” are within easy reach. As shown, Regional Disembarkation Platforms (RDPs) are highly unlikely to add anything of substance to the EU’s already extensive “externalization toolbox.” Controlled Centres (CCs) in EUMS, for their part, are unlikely to ever take off absent predictable solidarity arrangements (as opposed to: fuzzy solidarity promises). This supposed exit from Europe’s solidarity conundrum leads, in fact, back around to it.

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Aug31

The Spanish-Moroccan border: Forgotten refugee zone

August 31, 2018

This article analyzes the practices of Spain and Morocco towards refugees near the Hispano-Moroccan borders and aims to better understand not only the illegality of “hot returns” and repression toward refugees, but also the ways in which the European Union (“EU”) accomplishes and perpetuates the externalization of its borders to North Africa.

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Jun16

Refugee Status Determination by South Pacific Island Countries: Legal Overview, Recent Developments, and a Brief Critique

June 16, 2018

South Pacific island countries should carefully consider the legal and ethical issues relating to Australia’s practice of offshore asylum processing and the role they play in this practice.

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Oct31

Israeli Supreme Court Rules: Taxation and Employment Restrictions on Employers of “foreign workers” Apply to Employers of Asylum Seekers Too

October 31, 2017

The Israeli Supreme Court recently handed down two decisions that would further restrict the employment opportunities of asylum seekers in Israel. In one, the court considered a "foreign worker tax" levied on employers of asylum seekers. The court is the first judiciary in the world to consider the legitimacy of "foreign worker taxes" levied on employers of asylum seekers under the Refugee Convention.

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Sep22

Protection Elsewhere – The New Norm of the Common European Asylum System?

EU, Turkey, Greece, Syria, September 22, 2017

Now, over a year after the EU-Turkey deal was signed, the agreement is being employed as a blueprint for the next phase of the Common European Asylum System and is leading to an erosion of respect for international human rights laws and norms.

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