Refugee Protection and the Role of Law: Conflicting Identities (Routledge Research in Asylum, Migration and Refugee Law)

Refugee Protection and the Role of Law: Conflicting Identities (Routledge Research in Asylum, Migration and Refugee Law)

Language: English

Pages: 338

ISBN: 1138697621

Format: PDF / Kindle (mobi) / ePub


Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times.

The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice.

Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

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within the domestic courts or through an internal flight alternative, making cross-border migration the only viable source of protection.27 To add conceptual clarity, Figure 9.1 highlights the conceptual relationship of survival migration to refugees and international migration. For analytical clarity, refugees are survival migrants; but not all survival migrants are refugees; survival migrants are international migrants; but not all international migrants are survival migrants.28 Sources of

different national contexts. For example, a national representation in one country may act differently from the same organisation in a different country. In contrast to the other two levels, this third level of regime adaptation is almost entirely neglected within international relations. Yet, it is important in so far as we observe variation (or change) in outcomes even in the absence of variation (or change) at the levels of international bargaining or institutionalisation. Explaining

instrumentality of institutional power. We live in an institutionalised world and the processes of identity formation in our personal and social world also hold true in this wider context. Just as at a personal level we are dealing with the negotiation between the narrated self and the situated self, the narrated identity or situated identity, so too this broader, institutionalised context frames negotiation between the narrated identity of the group and the situated identity which is constructed

Refugee Convention need better coordination and how successful is oversight of the Convention? Susan Kneebone is Professor of Law at the Faculty of Law, Monash University, Australia. Dallal Stevens is Associate Professor of Law in the School of Law, University of Warwick, UK. Loretta Baldassar is Professor in the Department of Anthropology and Sociology at the School of Social and Cultural Studies at the University of Western Australia. Routledge Research in Asylum, Migration and Refugee Law

Rethinking People in the Context of Border Controls and Visas (Ashgate, 2013); Guild and P. Minderhoud (eds), The First Decade of EU Migration and Asylum Law (Martinus Nijhoff, 2011); Didier Bigo, Sergio Carrera, Elspeth Guild and R. B. J. Walker (eds), Europe’s 21st Century Challenge (Ashgate, 2010); Security and Migration in the 21st Century Polity (Policy Press, 2009). Martin Jones is a Lecturer in international human rights law at the Centre for Applied Human Rights, an interdisciplinary

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