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Full-Text Articles in Law

The Refugee Act Of 1980: Its Past And Future, David A. Martin Jan 1982

The Refugee Act Of 1980: Its Past And Future, David A. Martin

Michigan Journal of International Law

Offered here is a description of the key provisions of the Refugee Act, suggesting why they took the shape they did and outlining the major difficulties that remain in crafting and sustaining effective refugee and asylum policies.


The Individual Right To Asylum Under Article 3 Of The European Convention On Human Rights, David Scott Nance Jan 1982

The Individual Right To Asylum Under Article 3 Of The European Convention On Human Rights, David Scott Nance

Michigan Journal of International Law

International law does not recognize an individual right to be granted asylum. The emergence of a variant of such a right under the European Convention on Human Rights, albeit under limited conditions, therefore marks a major departure from customary law, a departure particularly noteworthy given that the parties to the Convention represent some of the most advanced legal systems in the world. The recognition of a right to asylum not only establishes a valuable precedent, but also has a direct impact on the status of refugees in Europe. Although no right of entry is provided, aliens already in countries of …


Entry And Exclusion Of Refugees: The Obligations Of States And The Protection Function Of The Office Of The United Nations High Commissioner For Refugees, Guy S. Goodwin-Gill Jan 1982

Entry And Exclusion Of Refugees: The Obligations Of States And The Protection Function Of The Office Of The United Nations High Commissioner For Refugees, Guy S. Goodwin-Gill

Michigan Journal of International Law

Refugee problems today tend to have one factor in common-the huge numbers of people involved. But whether it is a case of one or of a mass of individuals, each arriving asylum seeker represents a challenge to established principles of state sovereignty. International jurists once wrote of the free movement of persons between nations, unhampered by passport and visa control. Since the late nineteenth century, however, the principle most widely accepted has been that each state retains exclusive control- an absolute discretion- over the admission to its territory of foreign nationals, refugees or not. Although in practice many countries concede …


Appendix I, Michigan Journal Of International Law Jan 1982

Appendix I, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Convention Relating to the Status of Refugees • Protocol Relating to the Status of Refugees • Statute of the Office of the United Nations High Commissioner for Refugees • OAU Convention Governing the Specific Aspects of Refugee Problems in Africa • A List of Other International Instruments Concerning Refugees


Between Sovereigns: A Reexamination Of The Refugee's Status, Stephen B. Young Jan 1982

Between Sovereigns: A Reexamination Of The Refugee's Status, Stephen B. Young

Michigan Journal of International Law

A refugee leaves the country of his or her national origin because the political community will not or can no longer vouchsafe the refugee's life, liberty, or peace of mind. In many cases, the sovereign of national origin actively and coercively deprives the refugee of those basic components of human dignity. By taking flight, refugees enter a precarious realm between sovereigns. They may no longer rely upon the solicitude of their native sovereign, yet international law gives them no effective replacement for that power. They gain neither a right to asylum in other countries nor one to the assumption of …


Appendix Iii, Michigan Journal Of International Law Jan 1982

Appendix Iii, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Review of Foreign Laws


The Development Of Refugee Law, Paul Weis Jan 1982

The Development Of Refugee Law, Paul Weis

Michigan Journal of International Law

In customary international law, nationality provides the principal link between the individual and the law of nations. Refugees are commonly understood to be persons who have been compelled to leave their homes on account of natural catastrophes or because of political events; they may be inside or outside their country of origin. Refugees may be stateless or not; most present-day refugees are not stateless. Only international political refugees-persons who are outside their country of origin for political reasons-are discussed in this article, an overview of sources of refugee law, and a preface to the articles in this volume which take …


Deportation And The Refugee, Elwin Griffith Jan 1982

Deportation And The Refugee, Elwin Griffith

Michigan Journal of International Law

Long ago when it was unnecessary to restrict the number of aliens entering the United States, there was little distinction between refugees and other immigrants. Both groups shared similar motivations and problems. Some immigrated solely for economic reasons, while others sought new horizons because of political or religious persecution at home. In the main, though, the desire to immigrate was nurtured by the yearning for a better life.


Significant Refugee Crises Since World War Ii And The Response Of The International Community, James L. Carlin Jan 1982

Significant Refugee Crises Since World War Ii And The Response Of The International Community, James L. Carlin

Michigan Journal of International Law

This article analyzes some of the significant post-World War II refugee crises and describes in summary how the international community responded to each. Overpopulation, legal and illegal migration, and repatriation of thousands of colonials have had a negative influence on public opinion with respect to rescuing and assisting refugees. Yet today the refugee problem and the attendant human suffering is growing. There are serious apprehensions about the mounting costs and the ability of those concerned to cope. The international machinery is stretched; inflation and unemployment in the industrialized world have further complicated the search for solutions. Present and future refugee …


Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman Jan 1982

Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman

Michigan Journal of International Law

One of the most dramatic developments in the Soviet Union during the past decade has been the mass emigration of citizens, mostly of Jewish, German, and Armenian nationality. Emigration from the USSR had not been permitted, except for a tiny handful, since the early 1920s, although in the aftermath of World War II several hundred thousand Soviet citizens managed to remain in the West. These were either prisoners of war, slave laborers, Nazi collaborators, or simply people who took advantage of wartime chaos to flee the Soviet Union. But between 1971 and the end of 1980, over 300,000 Soviet citizens …


Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen Jan 1982

Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen

Michigan Journal of International Law

In country after country a political polarization is growing, a movement away from the center-to the right and to the left. In states with a less than stable political structure, coups d'etat and strongmen are commonplace. International law is broken as a matter of convenience. The media are filled with news of interventions, aggressions, even warfare. Human rights are frequently trodden under foot. And we are faced with a rising wave of xenophobia.


Victims Of Natural Disasters In U.S. Refugee Law And Policy, Janet L. Parker Jan 1982

Victims Of Natural Disasters In U.S. Refugee Law And Policy, Janet L. Parker

Michigan Journal of International Law

This note reviews the history and antecedents of subsection 203(a)(7)(B), suggests explanations for its repeal, and explores alternative relief for the individuals who might formerly have benefited from it. It is presumed that some victims of natural disasters have a need for refuge equal to that of the refugee fleeing persecution. This is not to say that every "catastrophic natural calamity," as the now defunct statutory formulation put it, produces victims requiring the extraordinary relief of asylum. Yet, when the disaster constitutes a continuing threat to human life, and aid to the stricken area cannot restore an acceptable standard of …


Refugee Resettlement In The United States: The Role Of The Voluntary Agencies, Norman L. Zucker Jan 1982

Refugee Resettlement In The United States: The Role Of The Voluntary Agencies, Norman L. Zucker

Michigan Journal of International Law

Statistics on refugee resettlement in the United States are obsolete as soon as they are published. What does remain current and constant, however, is that there is a global refugee crisis. The numbers of refugees in the world are not likely to diminish, and indeed, given the vagaries of international politics, the world's refugee population is likely to increase. As a major world power the United States has had to evolve a refugee policy. This policy operates on two levels: on the foreign level there has been an attempt to provide for the regional and international resettlement of refugees and …


Federal Funding Of United States Refugee Resettlement Before And After The Refugee Act Of 1980, James A. Elgass Jan 1982

Federal Funding Of United States Refugee Resettlement Before And After The Refugee Act Of 1980, James A. Elgass

Michigan Journal of International Law

This note begins with an examination of the problems of establishing, funding, and terminating previous resettlement programs involving Cuban and Indochinese refugees. These programs were limited to assisting refugees from specific geographic areas. Each refugee influx called for new legislation, and "new" programs frequently lingered on beyond their useful lives. Uncertainty about the timing of their eventual phaseout left state and local administrators unable to plan for a smooth transition following the termination of federal funding.


Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee Jan 1982

Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee

Michigan Journal of International Law

Part I of this note provides an overview of federal legislation regarding admissions of unaccompanied refugee children. Part II describes various obstacles to a smooth transition from the child's admission into the United States to his or her placement by a state court with a permanent legal custodian who ensures that the child receives care and supervision. Problems in this area frequently result from uncertainties regarding long-term financial responsibility for the child. Also common are procedural difficulties in introducing unaccompanied refugee children into state child welfare systems. Part III then focuses on conflicts arising after the child's placement, when the …


Nordic Refugee Law And Policy, Göran Melander Jan 1982

Nordic Refugee Law And Policy, Göran Melander

Michigan Journal of International Law

Since the end of World War II, the Nordic states have shown an interest in refugee policy and have taken part in work on behalf of refugees through various international organizations. In the 1940s and the 1950s, when Western Europe was faced with a huge refugee problem, the Nordic states shared the burden with countries of first asylum in Central Europe by admitting refugees for permanent resettlement. In the 1960s and 1970s, when other continents were confronted with refugee problems, the Nordic states also generously contributed material assistance to refugees resettled in neighboring countries. In 1979, for instance, the Nordic …


Refugees, Law, And Development In Africa, Peter Nobel Jan 1982

Refugees, Law, And Development In Africa, Peter Nobel

Michigan Journal of International Law

This article concerns those large movements of people in Africa, which have been called the "African refugee problem." However, large and intriguing migrations of populations have occurred in Africa for centuries. The earliest migrations reflected the spread of culture, the growth of trade and the development of roving early kingdoms. The unique history behind the refugee dilemma, however, begins with the instability spawned by slave trading and colonialism. Sensitivity to these eras heightens an understanding of why today's Africa is wrought with economic crises, territorial disputes, unnatural frontiers, misfit ethnic combinations, and more refugees than any other continent. Against this …


Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum Jan 1982

Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum

Michigan Journal of International Law

In a recent decision of far-reaching implications, Filartiga v. Pena-Irala, the United States Court of Appeals for the Second Circuit not only identified one such right, but provided invaluable guidance as to how the broader question is to be addressed. This essay offers an analysis of the decision in Filarh'a, as well as a case presenting intriguing points of comparison, Tran Qui Than v. Blumenthal. It then proposes several generalizations concerning the identification of legal rights of refugees, suggesting a strategy for their enforcement, the upshot of which is this: creative marshalling and invocation of rights well …


The Impact Of U.S. Control Of Foreign Assets On Refugees And Expatriates, Michael P. Malloy Jan 1982

The Impact Of U.S. Control Of Foreign Assets On Refugees And Expatriates, Michael P. Malloy

Michigan Journal of International Law

The U.S. Treasury Department has the responsibility of administering several emergency-related programs that affect the property of certain countries (and usually the nationals thereof) designated by its regulations, where the property, or the persons dealing with the property, are subject to the jurisdiction of the United States. These so-called "embargo controls" consist of trade sanctions (i.e., an "embargo" in the narrow sense of the term) and prohibitions on transactions involving assets in which the designated country or its nationals have any interest. These prohibitions, known collectively as a "blocking" of assets, have an impact on refugees and expatriates, …


The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar Jan 1982

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Michigan Journal of International Law

The pursuit of refugees into countries of exile is no new phenomenon. The political tumults of mid-19th century Europe sent countless people fleeing the vengeance of victorious reactionary governments. England was a popular gathering spot, having determined that it would not extradite for political offenses. England had, to some refugee leaders, an "old-established reputation ... as the safest asylum for refugees of all parties and of all countries," despite sporadic efforts to enforce statutory authority for the expulsion of aliens whose presence was embarrassing. The exiles in London found themselves hounded by the secret police of their countries, operating apparently …


International Human Rights Forums: A Means Of Recourse For Refugees, Amy Young-Anawaty Jan 1982

International Human Rights Forums: A Means Of Recourse For Refugees, Amy Young-Anawaty

Michigan Journal of International Law

This article explores the possibility of using some of the other international agreements to secure the rights of asylum seekers. These treaties belong to the relatively new body of international law- human rights law- which gives broad protection to individuals everywhere regardless of status. In a significant development for international law, 12 institutions and procedures have been established internationally and regionally to monitor the enforcement of these human rights agreements. Several of these institutions, by virtue of treaty or statute, even possess the competence to hear complaints about states' violations of human rights. Insofar as the claims of refugees fall …


Appendix Ii, Michigan Journal Of International Law Jan 1982

Appendix Ii, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Review of United States Law


Appendix Iv, Michigan Journal Of International Law Jan 1982

Appendix Iv, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Selected Works on the Rights and Status of Refugees Under United States and International Law, 1960-1980