International Law

Narrowing Article 1(D)’s Interpretation to Expand Access to Asylum for Palestinians

The 1951 Convention relating to the Status of Refugees (“Refugee Convention”) defines those who are refugees and benefit from the Convention, while also listing exclusion clauses for those who do not benefit from the Convention. As currently interpreted by UNHCR, an asylum-seeker who is also a Palestine refugee is often excluded from Convention status. This […]

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Migrant Deaths in the Mediterranean and the Failure of the European Union

In 2011, a dinghy with 72 migrants traveling from Libya to Lampedusa ran into a series of challenges related to a lack of fuel and food. Despite being within reach of Spanish and Italian military vessels, no one rescued the people on the dinghy, and all but nine migrants died. The devastating governmental failure resulted in

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“The Benefit of the Doubt” in Asylum Law

When evaluating claims for international protection under the 1951 Refugee Convention, refugee status determination (RSD) systems must take special measures to address two phenomena. First, it is “[a] well-known fact that a person who claims to be a refugee may have difficulties in proving his allegations.” Second, it is well recognized that there are particularly grave

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The Free Movement of Persons within the African Union and Refugee Protection

There are moves ongoing in Africa to create a single continental market for people, goods, services, and capital, much like that of the European Union (EU). Following similar arrangements in place at the sub-regional level, the African Union’s (AU) Assembly of Heads of State and Government adopted the Protocol to the Treaty Establishing the African

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More Power, Less Accountability: The Need for Reform of Frontex Procedures on the Treatment of Asylum-Seekers

The role of the European Border and Coast Guard Agency (“Frontex”) is growing. Within the next few years, it will command 10,000 officers and a budget of 5.6 billion euro. As a consequence of this growth, Frontex agents will increasingly be the first point of contact between migrants and the European Union’s (“EU”) scheme of

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One Year after the Korean Refugee Act

The Republic of Korea became a signatory of the Refugee Convention in 1992, shortly thereafter inserting just a few articles into its domestic immigration laws to adhere to the required procedures of refugee recognition under the Convention. By 2008, applications for refugee status had not exceeded 2,000, and the number of recognized refugees remained around 100. While it

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The Smuggled and the Smuggler: Exploring the Distinctions Between Mutual Aid, Humanitarian Refugee Assistance and People Smuggling in Canadian Law

It is sometimes said that Moses was the original people smuggler. While the historical accuracy of this claim is open to question, it is certain that, at least since Biblical times, political entities have sought to prevent, control, and regulate the entry of foreigners into their lands. But like the story of Moses, it also

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Unsafe Third Country: Greek Court Returns Syrian Refugees to Turkey

On September 22, 2017, the Hellenic Council of State (“Council of State”), Greece’s highest administrative court, released Decisions No 2347/2017 and 2348/2017. The Council of State ruled that Syrian asylum seekers could be returned to Turkey because it was a safe third country and that Syrian refugees returned from Greece to Turkey face no danger of torture, inhumane treatment,

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Climate change and international refugee law: A predicament approach

Lauren Nishimura RefLaw, Editorial Advisory Panel Oxford University, Doctoral Candidate Climate change is a reality, producing both extreme weather events like cyclones and storms and slower processes like drought, salinization, and sea level rise. Since 2008, it is estimated that an average of 22.5 million people a year have been displaced by sudden onset impacts

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Denial at the Airport, Denial of Procedural Fairness: Examining the Korean Refugee Act

The Korean Refugee Act (Law No. 11298 of 2012) made it possible to apply for refugee status at ports of entry into Korea (Article 6). Before its enactment, only those asylum seekers who had already been admitted into Korea could apply for refugee status at local immigration . However, at the same time, the Refugee

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