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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.
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.
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.
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.
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