The EU must move beyond condemnation and develop practical solutions that address the death of migrants in the Mediterranean Sea, in addition to the increasingly inhumane policies implemented by border states.
Read MoreDissecting the migratory practices of the EU reveals how the Global North has implemented a pernicious method of managing refugee migration amidst the chaos of the complex situation in Libya. By engaging hyper-territorial practices, the EU has restrained migrants’ access to their territorial human and civil rights.
Read MoreThis post explores and defines the alienage requirement of the Refugee Convention's definition of "refugee". What is the element of "alienage"? Where in the Convention is it found? What are the legal and policy rationales behind it?
Read MoreOver the next few months, RefLaw will be spotlighting a new blog series designed to introduce refugee law to a lay-audience and make this complicated, fascinating area of international law accessible to non-lawyers. These Refugee Law Primers will walk our readers through each element of the definition of “refugee,” as well as common questions and themes in international refugee law and scholarship.
Read MoreTwenty years ago, the European Council’s session in Tampere set out a roadmap for Europe to establish a Common European Asylum System. In recent years, asylum policy has become a contentious aspect of European Union politics. This article by Dr. Salvatore Nicolosi analyzes these developments in the context of the longer-term goal of creating a uniform recognition of asylum status in the European Union.
Read MoreDomestic advocates have used Administrative Law to frame arguments about the International Refugee Convention. While this has resulted in a victory for those affected by the cancelation of the Central American Minors Program, administrative law cannot provide the same durable and stabilizing humanitarian system that the Convention does.
Read MoreOn June 29, 2018, RefLaw Writer B.A. Bacigal interviewed Hardy Vieux, vice president (Legal) at Human Rights First (HRF) about his perspective on current issues in refugee and asylum law. What follows is an edited version of that interview. The views and opinions represented are solely Hardy’s and do not necessarily reflect the views of Human Rights First.
Read MoreOn December 3, 2018, acting U.S. Attorney General Matthew Whitaker certified a Board of Immigration Appeals decision to himself to address the validity of asylum claims based on membership in a family unit. Despite precedent recognizingthe family unit as a valid particular social group, advocates are rightly concerned that the Attorney General may be attempting to undermine this area of U.S. asylum law.
Read MoreCameroon has taken to expelling refugees seeking relief from violence at the hands of Boko Haram on the pretense of national security, fearing that Boko Haram has infiltrated its borders. Cameroon’s mass expulsions without more process for individuals violates the country’s obligations under the Convention and Protocol Relating to the Status of Refugees. Furthermore, there is little evidence that this policy effectively enhances national or regional security.
Read MoreThe Trump administration is metering the number of individuals who are allowed to enter the United States and apply for asylum at points of entry, and prohibiting anyone who enters unlawfully without inspection from receiving asylum. This new border regime violates the United States' obligations under the 1967 Protocol to not refoul refugees to unsafe countries and not punish refugees for unlawful entrance.
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