Jan26

Building Myanmar’s International Responsibility before the ICJ by Recourse to Diplomatic Protection

January 26, 2019

Once host states are aware of, and willing to act on, the deficiencies in their current stance surrounding the persecuting state’s responsibility, it could bring an adversarial suit before an international court, specifically the ICJ. The answer to lacking state responsibility may lie in utilizing diplomatic protection’s pragmatic approach.

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Jan18

Will the Family Unit Remain the “Quintessential” Particular Social Group in the United States?

United States, January 18, 2019

On December 3, 2018, acting U.S. Attorney General Matthew Whitaker certified a Board of Immigration Appeals decision to himself to address the validity of asylum claims based on membership in a family unit. Despite precedent recognizingthe family unit as a valid particular social group, advocates are rightly concerned that the Attorney General may be attempting to undermine this area of U.S. asylum law.

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Dec21

Circular Security: Cameroon’s Return of Nigerian Refugees is Bad Law and Bad Policy

December 21, 2018

Cameroon has taken to expelling refugees seeking relief from violence at the hands of Boko Haram on the pretense of national security, fearing that Boko Haram has infiltrated its borders. Cameroon’s mass expulsions without more process for individuals violates the country’s obligations under the Convention and Protocol Relating to the Status of Refugees. Furthermore, there is little evidence that this policy effectively enhances national or regional security.

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Nov24

Asylum Meters & Bans: Trump’s New Border Regime Violates the United States’ Duties under International Refugee Law

November 24, 2018

The Trump administration is metering the number of individuals who are allowed to enter the United States and apply for asylum at points of entry, and prohibiting anyone who enters unlawfully without inspection from receiving asylum. This new border regime violates the United States' obligations under the 1967 Protocol to not refoul refugees to unsafe countries and not punish refugees for unlawful entrance.

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Nov12

Towards a Less Arbitrary Unequal: Designating Last Habitual Residence in Stateless Asylum Claims in the U.S.

United States, November 12, 2018

The consistent reference approach to CFHR is a more balanced way to adjudicate stateless applicants. The consistent approach may also aid in keeping well-founded fear and protection inquiries separate.

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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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Sep28

The Government’s Role in Domestic Violence: A different take on nexus formation

September 28, 2018

The United State’s current asylum framework protects those who are persecuted because of their race, religion, nationality, political opinion, or membership in a particular social group. Should it extend to those who are denied state protection on those grounds?

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Sep21

The Plight of the Rohingya

Myanmar, September 21, 2018

The international community cannot assume that Myanmar will uphold its responsibility to this stateless ethnic group. In light of the Myanmar Government’s historical persecution and recent ethnic cleansing campaign of Rohingya people, the Rohingya are de facto refugees under the UNHCR mandate and require ongoing international protection.

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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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