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Written to honour Professor Brownlie on the occasion of his retirement, this collection of essays, all written by his former students, demonstrates the depth and breadth of his influence on international law as teacher and practitioner over forty years.
Voting Rights of Refugees develops a novel legal argument about the voting rights of refugees recognised in the 1951 Geneva Convention. The main normative contention is that such refugees should have the right to vote in the political community where they reside, assuming that this community is a democracy and that its citizens have the right to vote. The book argues that recognised refugees are a special category of non-citizen residents: they are unable to participate in elections of their state of origin, do not enjoy its diplomatic protection and consular assistance abroad, and are unable or unwilling, owing to a well-founded fear of persecution, to return to it. Refugees deserve to have a place in the world, in the Arendtian sense, where their opinions are significant and their actions are effective. Their state of asylum is the only community in which there is any prospect of political participation on their part.
State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
Voting Rights of Refugees develops a novel legal argument about the voting rights of refugees recognised in the 1951 Geneva Convention. The main normative contention is that such refugees should have the right to vote in the political community where they reside, assuming that this community is a democracy and that its citizens have the right to vote. The book argues that recognised refugees are a special category of non-citizen residents: they are unable to participate in elections of their state of origin, do not enjoy its diplomatic protection and consular assistance abroad, and are unable or unwilling, owing to a well-founded fear of persecution, to return to it. Refugees deserve to have a place in the world, in the Arendtian sense, where their opinions are significant and their actions are effective. Their state of asylum is the only community in which there is any prospect of political participation on their part.
1994 is the International Year of the Family, and debates about the rights of the child are once again at the top of the national and international legal and political agenda. Yet in places of armed conflict all over the world tens of thousands of children are recruited to fight in bloody conflicts, and their rights are systematically ignored and abused. In this path-breaking study, Professor Goodwin-Gill and Dr Cohn assess the status of the Child Soldier in international law and highlight the ways in which international humanitarian law fails to provide effective protection, particularly in the internal conflicts which are the most common battlefields today. Based upon empirical data gathered from places of conflict all over the world, the authors examine the consequences for child soldiers, their families and community of their participation in armed conflict. They conclude their study with practical suggestions for preventing recruitment, and call for a more coherent policy of treatment for those children who have participated in acts of violence.
The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection-non-discrimination, due process, rescue at sea, and solutions- are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.
Brownlie's Documents on Human Rights provides an extensive collection of key documents covering all elements of the subject, accompanied by authoritative commentary and bibliographic annotation. The result is a clear and accurate set of the most important human rights instruments adopted by the United Nations and its agencies, by regional organisations, and other actors in the field. This text contains the essentials for a thorough study of human rights, mapping well onto both undergraduate and postgraduate courses. It provides the convenience of an indispensable 'one-stop' collection for research and reference, for practitioners and students alike, with guidance from the leading experts in the field.
The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection-non-discrimination, due process, rescue at sea, and solutions- are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.
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