The Oxford Handbook of International Refugee Law

by Costello, Cathryn; Foster, Michelle; McAdam, Jane

• ISBN13: 9780198848639
• ISBN10: 0198848633
• Format: Hardcover
• Copyright: 2021-08-03
• Publisher: Oxford University Press

Summary

The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other.

Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law.

Author Biography

Cathryn Costello is Andrew W Mellon Professor of Refugee and Migration Law at the Refugee Studies Centre, University of Oxford (2013-present); Professor of Fundamental Rights and Co-Director of the Centre for Fundamental Rights at the Hertie School of Governance, Berlin (2020-present); and
Professor II at the University of Oslo (2018-present). She has published widely on international refugee and migration law, focusing in particular on intersections with human and labour rights. Her research has been supported by a number of prestigious grants, including an individual European
Research Council grant (RefMig 2017-2022).

Michelle Foster is a Professor and the inaugural Director of the Peter McMullin Centre on Statelessness at Melbourne Law School. Michelle has published widely in international refugee law, human rights and statelessness, including International Refugee Law and Socio-Economic Rights: Refuge from
Deprivation (CUP, 2007), with James C. Hathaway, The Law of Refugee Status, Second Edition, (CUP, 2014), and with Hélène Lambert, International Refugee Law and the Protection of Stateless Persons (OUP 2019). Michelle is an Advisory Board Member of the Melbourne Journal of International Law, and
Editor in Chief (with Dr Laura van Waas) of the Statelessness and Citizenship Review.

Jane McAdam AO is Scientia Professor of Law and Director of the Kaldor Centre for International Refugee Law at UNSW Sydney. She is a Fellow of the Academy of the Social Sciences in Australia and a Fellow of the Australian Academy of Law. She publishes widely in international refugee law and forced
migration, with a particular focus on mobility in the context of climate change and disasters. Professor McAdam is joint Editor-in-Chief of the leading International Journal of Refugee Law. In 2017, she was awarded the Calouste Gulbenkian Prize for Human Rights, becoming the first Australian
recipient of the award. In 2021, she was appointed an Officer of the Order of Australia (AO) 'for distinguished service to international refugee law, particularly to climate change and the displacement of people'.

Table of Contents

Part I. International Refugee Law: Reflections on the Scholarly Field
1. International Refugee Law in the Early Years, Guy S Goodwin-Gill
2. Race, Refugees, and International Law, E Tendayi Achiume
3. A Feminist Appraisal of International Refugee Law, Adrienne Anderson and Michelle Foster
4. Queering International Refugee Law, Nuno Ferreira and Carmelo Danisi
5. The Politics of International Refugee Law, Rebecca Hamlin
6. The Ethics of International Refugee Protection, Seyla Benhabib and Nishin Nathwani
7. Refugees as Migrants, Fran?ois Cr?peau and Idil Atak
8. The Intersection of International Refugee Law and International Statelessness Law, Laura van Waas
Part II. Sources
9. The Architecture of the UN Refugee Convention and Protocol, James C Hathaway
10. The Office of the United Nations High Commissioner for Refugees, James Milner and Jay Ramasubramanyam
11. Moving Towards an Integrated Approach of Refugee Law and Human Rights Law, Vincent Chetail
12. International Humanitarian Law and Refugee Protection, Reuven Ziegler
13. Customary Refugee Law, H?l?ne Lambert
14. National Constitutions and Refugee Protection, Eve Lester
Part III. Regional Regimes
15. Regional Refugee Regimes: Africa, Marina Sharpe
16. Regional Refugee Regimes: North America, Deborah Anker
17. Regional Refugee Regimes: Latin America, Jose H Fischel de Andrade
18. Regional Refugee Regimes: Middle East, Maja Janmyr and Dallal Stevens
19. Regional Refugee Regime: Europe, Evangelia (Lilian) Tsourdi
20. Regional Refugee Regimes: Central Asia, Khalida Azhigulova
21. Regional Refugee Regimes: East Asia, Osamu Arakaki and Lili Song
22. Regional Refugee Regimes: South Asia, Jay Ramasubramanyam
23. Regional Refugee Regimes: Southeast Asia, Vitit Muntarbhorn
24. Refugee Regimes: Oceania, Michelle Foster and Anna Hood
Part IV. Access to Protection and International Responsibility-Sharing
25. Sharing of Responsibilities for the International Protection of Refugees, Madeline Garlick
26. Protection at Sea and the Denial of Asylum, Violeta Moreno-Lax
27. Extraterritorial Migration Control and Deterrence, Thomas Gammeltoft-Hansen and Nikolas Feith Tan
28. The Evolution of Safe Third Country Law and Practice, Feline Freier, Eleni Karageorgiou, and Kate Ogg
29. Human Smuggling and Refugees, Andreas Schloenhardt
30. Human Trafficking and Refugees, Catherine Briddick and Vladislava Stoyanova
31. Refugee Status Determination, Bruce Burson
32. Asylum Procedures, ?lvaro Botero and Jens Vedsted-Hansen
33. Credibility, Reliability, and Evidential Assessment, Gregor Noll
Part IV. The Scope of Refugee Protection
34. The International and Regional Refugee Definitions Compared, Tamara Wood
35. UNRWA and Palestine Refugees, Susan M Akram
36. Complementary Protection, Jane McAdam
37. Temporary Protection and Temporary Refuge, Jean-Fran?ois Durieux
38. The Internal Protection Alternative, Br?d N? Ghr?inne
39. Exclusion, Geoff Gilbert and Anna Magdalena Bentajou
40. Women in Refugee Jurisprudence, Catherine Dauvergne
41. Child Refugees, Jason Pobjoy
42. Sexual Orientation and Gender Identity in Refugee Claims, Jenni Millbank
43. Protecting Refugees with Disabilities, Mary Crock
44. Stateless Refugees, H?l?ne Lambert
45. Conflict Refugees, Cornelis (Kees) Wouters
46. Displacement in the context of Climate Change and Disasters, Jane McAdam
47. Internal Displacement, Walter K?lin
Part V. Refugee Rights and Realities
48. The Right to Asylum, Maria-Teresa Gil-Bazo and Elspeth Guild
49. National Constitutions and the Right to Asylum, Steve Meili
50. Non-refoulement, Penelope Mathew
51. Non-penalization and non-criminalization, Cathryn Costello and Yulia Ioffe
52. The Right to Liberty, Eve Lester
53. The Right to Work, Colm O'Cinneide and Cathryn Costello
54. The Right to Education, Sarah Dryden-Peterson and Hania Mari?n
55. The Right to Family Reunification, Frances Nicholson
56. The Digital Transformation of Refugee Governance, Kristin Sandvik
Part VI. The End of Refugeehood - Cessation and Durable Solutions
57. Cessation, Georgia Cole
58. Refugee Naturalization and Integration, Fatima Khan and Reuven Ziegler
59. Reimagining Voluntary Repatriation, Marjoleine Zieck
60. Resettlement, Susan Kneebone and Audrey Macklin
61. Onward Migration, Katy Long
Part VII. Accountability for Displacement and Refugee Rights Violations
62. Restitution and Other Remedies for Refugees and Internally Displaced Persons, Megan Bradley
63. The Responsibility of Armed Groups concerning Displacement, Ben Saul
64. The Accountability of International Organizations in Refugee and Migration Law, Jan Klabbers
65. Border Crimes as Crimes against Humanity, Itamar Mann