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Full-Text Articles in Law
Hungary's Refugee Crisis: Why A Uniform Approach Is Not The Solution, Yvonne Kupfermann
Hungary's Refugee Crisis: Why A Uniform Approach Is Not The Solution, Yvonne Kupfermann
Notre Dame Journal of Law, Ethics & Public Policy
The recent refugee crisis that swept over many European nations requires an inquiry into how to balance humanitarian concerns with the resources of the respective nations involved. Oftentimes, the approach is purely humanitarian, placing much of the focus on inclusion and resettlement. However, countries that stray from this humanitarian approach are often criticized. This Note aims to offer a new theoretical framework for analyzing a refugee crisis of this scope. It uses Hungary as a case study to demonstrate how history can play a role in how a refugee crisis is handled and to provide concrete examples of a country …
A Global Solution To A Global Refugee Crisis, James C. Hathaway
A Global Solution To A Global Refugee Crisis, James C. Hathaway
Articles
The author argues that the time is right to change the way that refugee law is implemented. Specifically, Hathaway advocates a shift towards a managed and collectivized approach to the implementation of refugee protection obligations. He contends that while the obligations under the Convention remain sound, the mechanisms for implementing those obligations are flawed in ways that too often lead States to act against their own values and interests, and which produce needless suffering amongst refugees. The author concludes with a five-point plan to revitalize the Refugee Convention.
The Applicability Of The Humanitarian Intervention 'Exception' To The Middle Eastern Refugee Crisis: Why The International Community Should Intervene Against Isis, Milena Sterio
Law Faculty Articles and Essays
The refugee crises in Iraq and Syria, which has been evolving over the past decade as a result of both ongoing conflict in these countries and the recent surge of Islamic State-led violence, has morphed into a true humanitarian catastrophe. Tens of thousands of refugees have been subjected to violence and have been dispersed and forced to live under dire conditions; such massive population flows have destabilized the entire region and have threatened the stability of neighboring countries. The United States and several other countries have been engaged in a military air strike campaign against the Islamic State, but the …
Recommendations For Durable Solutions For Palestinian Refugees: A Challenge To The Oslo Framework, Susan M. Akram, Terry Rempel
Recommendations For Durable Solutions For Palestinian Refugees: A Challenge To The Oslo Framework, Susan M. Akram, Terry Rempel
Faculty Scholarship
I. Introduction ...................................................................................................... 2 II. International Legal Framework and the Palestinian Refugees .................... 9 A. The International Scheme of Refugee Protection and Protection of Stateless Persons .................................................................................................... 9
B. The Regime for Protection of Palestinian Refugees - Three Provisions and Three Agencies ......................................................................... 16
C. The Standard Interpretation of the Provisions Applying to the Status of Palestinian Refugees and Stateless Persons, and their Ramifications ........................................................................................................... 22
D. Reinterpreting the Provisions Based on Plain Language ....................... 27
E. Reinterpreting the Provisions in Light of the Drafting History and their Scope and Purpose ..................................................................................... 31 III. Durable Solutions and Palestinian Refugees ........................................... …