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Articles 1021 - 1033 of 1033

Full-Text Articles in Human Rights Law

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


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 …


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


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 …


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 …


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 …


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 …


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 …


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 …


Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr. Oct 1980

Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts Jan 1980

Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts

Seattle University Law Review

World political reaction to the Southeast Asian refugee crisis has not asserted the refugees' human rights under international law. As a result, most of the refugees lack security from forcible return to the conditions they fled. They would have that security if the world powers act instead to implement non-refoulement, an established moral principle that arguably has attained the status of customary international law.


Unlawful Seizures And Irregular Rendition Devices As Alternatives To Extradition, M. Cherif Bassiouni Jan 1973

Unlawful Seizures And Irregular Rendition Devices As Alternatives To Extradition, M. Cherif Bassiouni

Vanderbilt Journal of Transnational Law

Extradition is a legal device whereby a state requests from an-other the surrender of a person accused or convicted of a crime. It is one of the modes of cooperation in penal matters between states. One rationale for extradition is that all states have an obligation to cooperate in the suppression of criminality and must, therefore, surrender to each other accused and fugitive offenders. This ration-ale is based on the maxim "aut dedere aut iudicare". Extradition law and practice have been slow to recognize the rights of those persons who are the objects of its proceedings. In fact, the whole …


Generational Genocide: Coercive Population Control As A Basis For Asylum In The United States, Thomas L. Hunker Dec 130

Generational Genocide: Coercive Population Control As A Basis For Asylum In The United States, Thomas L. Hunker

Florida State University Journal of Transnational Law & Policy

No abstract provided.