Refugee Law and Policy : A Comparative and International Approach

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  • Edition: 2nd
  • Format: Hardcover
  • Copyright: 2001-12-01
  • Publisher: Carolina Academic Pr

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Table of Contents

Table of Cases
The International Origins of Refugee Lawp. 3
The Ancient Roots of Refugee Protectionp. 4
Twentieth Century Ultra-Nationalism and the Creation of the "New Refugees"p. 11
The Crystallization of an International Refugee Protection Regime (1921-1951)p. 18
The Evolution of the Modern International Law Definition of the Refugee (1920-1951)p. 23
The U.N. Relief and Works Agency for Palestine Refugeesp. 36
The Fundamental Challenges of Refugee Protectionp. 40
Contemporary and Expanded Notions of the Refugeep. 46
International Norms and State Practicep. 57
U.S. Law and International Normsp. 58
Selected Issues: U.S. Compliance with International Normsp. 79
Asylum Policy in the European Unionp. 135
South Africa's Emerging Refugee Protection Systemp. 140
Degrees of Risk: The Standard of Proof in Claims for Protectionp. 147
I.N.S. v. Stevic: The Standard of Proof for Non-refoulement; Not all Refugees are Entitled to Non-refoulementp. 148
The Standard of Proof for Refugee Statusp. 160
The Interpretation of the Well-Founded Fear Standardp. 186
Garcia-Ramos - The U.S. Courts Distinguish the Asylum and Withholding/Restriction Standardsp. 196
The Standard in Expedited Removal - A "Credible Fear of Persecution"p. 200
The Relationship Between the Standard of Proof for Likelihood of Harm and The Burden of Proof/Burden of Persuasionp. 202
Past Persecution and its Relevance to Claims for Protectionp. 204
The Relationship Between Countrywide Persecution and a Well-Founded Fearp. 208
The Role of Discretion in the Refugee Determination Processp. 210
The Definition of Persecution - Its Forms and Sourcesp. 219
The Relationship Between Human Rights Norms and Persecutionp. 219
The Forms of Persecutionp. 223
The Origin of Perspecutionp. 270
The Nexus Requirementp. 275
United States Jurisprudencep. 276
International and Comparative Practice on the Requirement of Nexusp. 313
Protection Under the Torture Conventionp. 324
Persecution on Account of Political Opinionp. 341
Persecution on Account of Political Opinion: When are Activities and Opinions Political?p. 342
Selected Issues - Prosecution vs. Persecution, Refusal to Serve in the Military and Coercive Population Controlp. 383
Persecution on Account of Religionp. 435
Freedom of Religion in International Practice and its Relationship to Refugee Normsp. 436
Different Degrees of Consistency with International Norms: United States, United Kingdom and Australiap. 439
U.S. Constitutional Law Principles: First Amendment Free Exercise of Religionp. 460
Overlapping Grounds of Persecutionp. 465
Persecution Based on Race or Nationalityp. 481
Basic Conceptsp. 483
Historical Perspective on Nationalism and Persecutionp. 487
An Analysis of Asylum Claims Based Upon Race or Nationality from the Perspective of the UNHCR Handbookp. 491
Treatment of Race and Nationality Claims in U.S. Courtsp. 493
International Treaties Relating to Crimes Against Humanityp. 528
Contemporary Case Studies of Ethnic Persecution and the Establishment of International Criminal Tribunalsp. 531
Humanism in the Face of "Organized Ethnic Hatred:" A Further Commentaryp. 541
Persecution Based on Membership in a Particular Social Groupp. 547
Conceptual Backgroundp. 549
Nexus and Social Groupp. 552
Treatment of Social Group Claims in U.S. Courtsp. 554
Comparative Law Analysis of Social Group Claimsp. 604
Gender-Related Claims to Refugee Statusp. 621
Conceptual Background: the Women's Human Rights Movement and the Challenge of International Protection for Refugee Womenp. 624
An Analysis of Gender-related Grounds and Forms of Persecution from the Perspective of the UNHCRp. 638
The Treatment of Refugee Women's Claims in U.S. Courts: The Still-Exceptional Character of Gender Asylum Jurisprudencep. 645
Comparative Law Analysis of Gender-Related Claimsp. 673
Some Concluding Remarks About "Gender-Related" Claimsp. 697
Qualifications Upon Protectionp. 699
The Exclusion Clauses of Article 1.Fp. 699
Article 33.2 - Particularly Serious Crimes and "Danger to the Security" of the Host Countryp. 741
Applying the Exclusion Clausesp. 748
The Cessation Clauses of Article 1.Cp. 749
Comparative Charts of Refugee Convention and INA Qualifications on Protectionp. 761
The Process and Rights of Asylum Seekersp. 771
An International Perspective on Proceduresp. 771
Realpolitik Constraintsp. 774
Limits on Constitutional Protections for Asylum Seekers in the United Statesp. 780
Selected Issues in State Practicep. 786
Proving the Claimp. 841
International Perspectivesp. 842
Establishing the Facts - Selected Issuesp. 845
Credibility Determinations from the Perspective of the Examinerp. 906
American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disordersp. 914
Current and Future Challenges in Refugee Protectionp. 919
UNHCR: The United Nations Refugee Agency Renews its Commitment to Refugee Protection in the Twenty-first Centuryp. 921
Temporary Protection and Complementary Protection: a Retreat from Asylum or an Overture to Protection?p. 925
Non-Refoulement to Human Rights Emergencies: Harbinger of a Customary Norm?p. 937
Responding to the Internally Displaced: The Problem of Failed States and the Concept of Effective Protectionp. 942
Resolving the Problem of Exile: the Seamless Web of Prevention, Protection and Solutionsp. 948
Refugees as Survivors of Cnflicts and Healers of Communitiesp. 956
Conclusionp. 977
Indexp. 979
Table of Contents provided by Blackwell. All Rights Reserved.

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