Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Central law (1)
- Central legal system (1)
- Central–component system interaction (1)
- Commandeering (1)
- Component legal systems (1)
-
- Component state resources (1)
- Corporate representation (1)
- Directives (1)
- EU (1)
- Germany (1)
- Governance (1)
- Immigration policy (1)
- International law (1)
- Involuntary migrants (1)
- Law (1)
- Law reform (1)
- Legal systems (1)
- Refugee Convention (1)
- Refugee law (1)
- Refugees (1)
- Responsibilities (1)
- South African Green Paper on International Migration (1)
- State legal systems (1)
- Temporary protection (1)
- USA (1)
- United Nations High Commissioner for Refugees (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway
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
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 …