Law Commons^™

Internal Protection/Relocation/Flight Alternative As An Aspect Of Refugee Status Determination, James C. Hathaway, Michelle Foster

Book Chapters

In many jurisdictions around the world, the possibility of an ‘internal flight alternative’(IFA) (often referred to as ‘internal relocation alternative’) is invoked to deny refugee status to persons at risk of being persecuted for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee lawand policy, the viability of a universal commitment to protection is challenged by divergence in State practice. The goals of this paper are therefore, first, briefly to review the origins and development of the practice of considering IFA as an aspect of the refugee …

Alternatives To Economic Sanctions, Christine M. Chinkin

Book Chapters

Considering the merits of non-coercive alternatives to economic sanctions inevitably risks the charges of idealism and naIvete. However a number of speakers in this conference have raised considerable doubts about the efficacy of sanctions: even on their own terms sanctions rarely work and the material costs to non-targeted states and the implications for human rights make their justification problematic, even when they can in some sense be said to have worked. It therefore makes sense at least to give consideration to some non- coercive alternatives, either in conjunction with sanctioning policies or separate from them. The other alternative is the …

Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway

Book Chapters

While many of us in the refugee protection community have traditionally seen temporary protection as something to be resisted, I believe that temporary protection could, in contrast, be a profoundly important part of a solution to the international refugee protection crisis. To make my argument that the right kind of temporary protection could be an important means to give new life to international refugee protection, I will briefly address three issues. First, I would like to suggest why it is that states around the world, in the North and increasingly in the South as well, are refusing the live up …

Comparative Federalism And The Issue Of Commandeering, Daniel Halberstam

Book Chapters

Divided power systems, such as the United States, the European Union, and the Federal Republic of Germany, confront a common question: whether the central government may 'commandeer' its component States, that is, whether the central government may issue binding commands that force its component States to take regulatory action with respect to private parties. This chapter explores what may initially appear as a puzzling difference in the answers given. Whereas US constitutional jurisprudence currently prohibits commandeering, the founding charters of the EU and Germany permit such action. And all do so in the name of protecting the integrity and importance …

The Relationship Between Human Rights And Refugee Law: What Refugee Law Judges Can Contribute, James C. Hathaway

Book Chapters

In a document released during the summer of 1998, the Austrian Presidency of the European Union formally questioned the continuing value of the United Nations Refugee Convention, and called for the adoption of a new "instrument of speedy assistance in the framework of the political possibilities."

The Austrian proposal would deny most refugees arriving in Europe the legal right to be protected. For the majority, protection would instead become a matter of political discretion. The proposal erroneously asserts that only a small minority of contemporary asylum seekers is entitled to Convention refugee status, in consequence of which a "new approach" …

Is There A Growing International Arbitration Culture?, Whitmore Gray

Book Chapters

The topic given to Prof. Taniguchi and myself for this opening session is a question, "Is there a growing international arbitration culture?" This seems to call for a survey of attitudes and practices peculiar to international arbitration in order to answer the question. The more extended comment of the organizers assumes, as most of us would, however, that such a culture exists, and assigns to us the task of considering what laws and rules are now being developed to implement this "international culture". We also noted that the organizers expressed their conviction that this Conference must have practical and cultural …

The Government Of Germany, Donald P. Kommers

Book Chapters

Chapter Outline:
A. Political Development
B. Political Processes and Institutions
C. Public Policy

3rd ed. HarperCollins College Publishers c1993