Refugee Law and Policy : A Comparative and International Approach, Third Edition

by Musalo, Karen; Moore, Jennifer M.; Boswell, Richard A.

• ISBN13: 9781594602993
• ISBN10: 1594602999
• Edition: 3rd
• Format: Hardcover
• Copyright: 2006-12-22
• Publisher: Carolina Academic Pr

Summary

The third edition of Refugee Law and Policy, which includes all legal developments through mid-2006, provides a thoughtful scholarly analysis of refugee law, and related protections such as that available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts.Although Refugee Law and Policy is directed to students of U.S. law, it draws on the legislation, jurisprudence and guidelines of other Refugee Convention and Protocol signatories, including Canada, the United Kingdom, Germany, Australia, New Zealand and South Africa. The casebook is up to date on developments to harmonize refugee policy within the European Union, and includes discussion of relevant E.U. directives.In its treatment of U.S., as well as global trends, Refugee Law and Policy examines and contrasts some of the most controversial contemporary issues in refugee law, such as the denial of access to the territory of the country of asylum, through use of expedited removal and similar "accelerated" procedures, the increased use of detention, and the ongoing debate over gender-based claims for protection.Refugee Law and Policy also compares current trends in refugee law to parallel trends in human rights and humanitarian and international criminal law, with special reference to the work of the International Tribunals for Yugoslavia and Rwanda.The materials Musalo, Moore and Boswell present in the book are more fully examined through the extensive use of notes and comments, which also serve to highlight essential themes and concepts of the text and to make them more accessible to the reader. Since the casebook addresses both substance and procedure, with a focus on practice as well as theory, it is an excellent text not only for students, but for practitioners and those in government agencies as well.

Author Biography

Karen Musalo is a Resident Scholar at the University of California, Hastings College of the Law, where she directs The Center for Gender and Refugee Studies, and teaches refugee law and international human rights.Jennifer Moore is a professor of law at the University of New Mexico School of Law.Richard A. Boswell is a professor of law at the University of California, Hastings College of the Law.

Table of Contents

The international origins of refugee law	p. 3
International norms and state practice	p. 65
Degrees of risk : the standard of proof in claims for protection	p. 157
The definition of persecution - its forms and sources	p. 229
The nexus requirement	p. 291
Persecution on account of political opinion	p. 367
Persecution on account of religion	p. 463
Persecution based on race or nationality	p. 525
Persecution based on membership in a particular social group	p. 619
Gender-related claims to refugee status	p. 723
Qualifications upon protection	p. 831
The process and rights of asylum seekers	p. 929
Proving the claim	p. 1017
Current and future challenges in refugee protection	p. 1117
Table of Contents provided by Blackwell. All Rights Reserved.