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Articles 1 - 13 of 13

Full-Text Articles in Human Rights Law

Human Trafficking And Refugee Law, Vladislava Stoyanova Dec 2016

Human Trafficking And Refugee Law, Vladislava Stoyanova

Vladislava Stoyanova

No abstract provided.


Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott Dec 2014

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have not been fully explored in practice. In its judgment in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment, the High Court of New Zealand …


Conference On Draft Convention On Rights Of Forcibly Expelled Persons, Daniel Kanstroom Apr 2014

Conference On Draft Convention On Rights Of Forcibly Expelled Persons, Daniel Kanstroom

Daniel Kanstroom

On May 1-3, Center Interim Director, and Post-Deportation Human Rights Project Director, Dan Kanstroom convened a group of scholars and activists at Boston College’s Connors Center in Dover, MA, for a major conference to discuss the newly created Draft Convention on Rights of Forcibly Expelled Persons.


Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott Apr 2014

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have seldom been tested in practice. Most recently, the High Court of New Zealand in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment described a …


Access To Protection: Negotiating Rights And Diplomatic Assurances Under Memoranda Of Understanding, Mariagiulia Giuffré Dec 2013

Access To Protection: Negotiating Rights And Diplomatic Assurances Under Memoranda Of Understanding, Mariagiulia Giuffré

Mariagiulia Giuffré

With the pretext of the global ‘war on terror’, States have repatriated a notable number of individuals who are considered threats to the public safety of the host country. Expulsion orders have often been issued on the basis of Memoranda of Understanding (MoUs)—written accords that enumerate a long list of undertakings dictating guarantees for the fair and human treatment of returnees. This paper aims to investigate whether the implementation of diplomatic assurances, whether formalized or not within MoUs, can undermine core refugee rights. Through a detailed review of international human rights case law, it observes that the text of MoUs …


Forced Migration(S): Critical Perspectives On Refugee Law, Mariagiulia Giuffré Dec 2013

Forced Migration(S): Critical Perspectives On Refugee Law, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.


Global Migration, Citizenship, And Catholic Social Teaching, Vincent Rougeau Jan 2013

Global Migration, Citizenship, And Catholic Social Teaching, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.


The Right To Effective Remedies And Procedural Guarantees For People In Need Of International Protection, Eleni Karageorgiou Dec 2012

The Right To Effective Remedies And Procedural Guarantees For People In Need Of International Protection, Eleni Karageorgiou

Eleni Karageorgiou

This paper explores the latest developments in the context of the European Court of Human Rights’ and the European Court of Justice’s expansive interpretation of the right to an effective remedy and the procedural guarantees afforded to protection seekers by the pertaining international and regional legislation. In their recent judgments the Courts have determined both the states’ obligations on guaranteeing fair and effective procedures for people trying to enter Europe as well as the individuals' corresponding right to seek protection. The paper takes a thorough look at the reasoning of the Courts and emphasizes on the -not any more underlying …


On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré Dec 2012

On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.


Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré Sep 2012

Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré

Mariagiulia Giuffré

Against the backdrop of the bilateral cooperation on migration control between EU Member States and third countries, this paper examines whether the implementation of readmission agreements (key tools in this context) hampers access to international protection for asylum seekers subjected to a return procedure. Given that competence in the ‘Area of Freedom, Security, and Justice’ remains shared, the EU and Member States continue to pursue their readmission procedures in parallel. This paper focuses on the bilateral arrangements of individual Member States with third countries, which constitute the bulk of the instruments in this field. It concludes that no issue of …


Appointment: Elected To The American Law Institute, Vincent Rougeau Dec 2010

Appointment: Elected To The American Law Institute, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.


"Registrations In The National Record Of Undesirable Foreigners And The Schengen Information System (Sis)" [Translated Title] - "Εγγραφή Και Διαγραφή Από Τον Εθνικό Κατάλογο Ανεπιθυμήτων Αλλοδαπών Και Το Σύστημα Πληροφοριών Σένγκεν" [Original Title], Eleni Karageorgiou Dec 2010

"Registrations In The National Record Of Undesirable Foreigners And The Schengen Information System (Sis)" [Translated Title] - "Εγγραφή Και Διαγραφή Από Τον Εθνικό Κατάλογο Ανεπιθυμήτων Αλλοδαπών Και Το Σύστημα Πληροφοριών Σένγκεν" [Original Title], Eleni Karageorgiou

Eleni Karageorgiou

The article takes a thorough look at the national legal framework concerning registrations in the National Record of Undesirable Foreigners and the Schengen Information System (SIS) within the context of the Schengen Agreement (1985) and the common rules adopted by the participating States. It analyzes the nature and implications of the actual administrative act of registration for foreign nationals in light of the pertaining domestic case law. A critical approach of the harmonization of Greek legislation to the Schengen rules is also being attempted.


Flyktingstatus - En Marginaliserad Resurs I Svensk Asylrätt, Aleksandra Popovic Dec 2005

Flyktingstatus - En Marginaliserad Resurs I Svensk Asylrätt, Aleksandra Popovic

Aleksandra Popovic

No abstract provided.