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Full bibliography 1,236 resources
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Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway's incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book's analysis to responding to the hard facts of refugee life on the ground.
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A political practice and institution found in most civilisations throughout history, asylum in the twenty-first century finds itself in a tumultuous period. The 1951 Refugee Convention regime endures, but many States are trying hard to prevent asylum-seekers from reaching their borders. With refugee resettlement stuck at one per cent of the needs, it is no wonder that refugees finding no other solution to build a future for their family will resort to other means to reach places where they can hope to thrive. Destination States are deploying multiple strategies to avoid being responsible for thousands of refugees. They have thus considerably strengthened their ‘fight’ against undocumented migration and are criminalising asylum-seekers through importing into administrative law concepts and institutions of criminal law, while some have adopted deterrence tactics or implemented ‘externalisation strategies’. They also have devalued the principle of non-refoulement, either through directly refouling or through use of tactics resulting in refoulement. Asylum-seekers are also subjected to biometric identifiers stored in databases interconnected with multiple other databases, nationally and internationally. This chapter explores global trends and challenges in asylum in the twenty-first century and outlines main approaches in the field.
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Refugee Law is a concise account of Canadian refugee law, policy, and procedure. It presents refugee law as an independent system, yet one that is open to and influenced by other branches of domestic law, international law, the practices of other jurisdictions, and the general global trends in forced migration. The book examines the historic and contemporary context of refugee law, formal law, and government policy, and the domestic and international principles of refugee protection. The authors seek to provide a solid foundation from which to judge the merits and weaknesses of the existing system, allowing the reader to engage with the ongoing debate, both academic and popular, about the Canadian refugee system.
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Recueil des difficultés et des ressources du français juridique. Ouvrage original de jurilinguistique, le JURIDICTIONNAIRE est le fruit d’un travail de dépouill...
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Judges are obliged to follow the law, including by imposing mandatory minimum sentences. This can create a moral dilemma. Judges who justify punishment based on its utility in reducing crime may believe that minimum sentences are pointlessly harsh because they do not enhance public protection. Judges who justify punishment based on retributivist theory may feel that mandatory minimum sentences are excessive and therefore unjust. This paper contends that in their effort to impose just and useful sentences, judges tend to seek out and use available legal tools to reduce perceived unfairness. Statutory interpretation, the use of the principle of totality in multiple count prosecutions, and the selective deployment of sentencing tools have all been used to this end. The author contends that striving to constrain the impact of minimum sentences in this way does not corrupt the administration of justice. Instead it is a legitimate, predictable and inevitable outcome.
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