Oct19

Climate change and international refugee law: A predicament approach

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 like drought, salinization,...

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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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Aug6

Understanding “Suffering,” Yet Misconstruing Intentionality: U.S. Compliance and Non-Compliance with the Convention against Torture

United States, August 6, 2017

With respect to the intentionality requirement in the Convention Against Torture, the U.S interpretation of “severe pain or suffering” differs with that of international bodies charged with implementation and norm-setting, putting the U.S. at odds with its international treaty obligations.

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Jun11

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

June 11, 2017

The first 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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May5

A Child-Rights Framework for Understanding ‘Being Persecuted’: The Case of JA (child – risk of persecution) Nigeria

Nigeria, May 5, 2017

In recent years, we have seen the development of a sophisticated body of jurisprudence tackling the specific challenges faced by child refugees in seeking international protection. Although still nascent, this development is long overdue.

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Mar27

Denial at the Airport, Denial of Procedural Fairness: Examining the Korean Refugee Act

Korea, March 27, 2017

The Korean Refugee Act made it possible to apply for refugee status at ports of entry into Korea. However, at the same time, the act allows immigration officers at ports of entry to decline the referral of an application to the refugee status determination procedure. Anyone who is denied the referral is prohibited from leaving a small waiting room in the airport. In the case of 30385, a Sudanese asylum seeker challenged this state of affairs.

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