Chinese Refugee Law and Policy, 1949–2017

This chapter discusses the protection of internally displaced persons (IDPs), who are all too often neglected, not only by their governments, but also by the international community. The experiences of refugees and IDPs have much in common. Thus, it is not surprising that social science approaches tend to lump refugees and IDPs together under the notion of ‘forced displacement’. By contrast, the chapter argues that refugee law and the law related to internal displacement are conceptually fundamentally different because IDPs remain citizens or habitual residents of their countries, and thus depend on the national protection of their governments, while refugees as foreigners are in need of international protection. Discussing the protection of IDPs from a comparative perspective, it analyses the Guiding Principles on Internal Displacement and their impact as a soft law instrument, as well as the legally binding Kampala Convention. Ultimately, IDP-related approaches to durable solutions can help to inform refugee law and policy, and there is already a degree of convergence between the two areas.

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Part I International Refugee Law— Reflections on the Scholarly Field, Ch.4 Queering International Refugee Law

The Oxford Handbook of International Refugee Law ◽

10.1093/law/9780198848639.003.0005 ◽

2021 ◽

Author(s):

Ferreira Nuno ◽

Danisi Carmelo

Keyword(s):

Policy Instruments ◽

Host Countries ◽

Refugee Law ◽

Law And Policy ◽

Asylum Law ◽

International Refugee Law ◽

And Gender ◽

Legal Frameworks ◽

Key Aspects ◽

Relations Of Power

This chapter investigates the links between asylum law and policy and sexual orientation and gender identity (SOGI). Although human rights have been increasingly recognized irrespective of one’s SOGI at international, regional, and domestic levels, legal frameworks do not yet tackle violations of such rights effectively. As a result, members of SOGI minorities may be forced to flee their countries of origin, often making SOGI-based asylum claims in host countries. Since the inception of the Refugee Convention, there has been a continuous battle for recognition of SOGI claims within a system that was not designed with SOGI minorities in mind. The chapter thus explores key aspects of SOGI asylum that ultimately question the heteronormative relations of power in asylum law and highlights how legal and policy frameworks may be reformed. It considers how refugee law has been progressively queered, looking at the range of legal and policy instruments that play a role in this queering process. Finally, the chapter identifies the key actors that have contributed to the development of SOGI refugee law and assesses the specific needs of SOGI asylum claimants and refugees.

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3. Removing barriers and debating consequences

American Immigration: A Very Short Introduction ◽

10.1093/actrade/9780197542422.003.0004 ◽

2021 ◽

pp. 42-68

Author(s):

David A. Gerber

Keyword(s):

Latin America ◽

World War Ii ◽

Economic Change ◽

Unintended Consequence ◽

Immigrant Labor ◽

World War ◽

Economic Expansion ◽

The Public ◽

Refugee Law ◽

Law And Policy

America emerged from World War II a more unified, confident society, experiencing dramatic economic expansion and exercising military and political supremecy as the world’s dominant superpower. Racism and restrictionism in immigration and refugee law and policy were a burden on claims to world leadership. Continuing economic expansion could be reinforced by immigrant labor. Support grew for more open immigration and refugee regimes without racial and nationality restrictions. A series of laws created foundations for an expansive refugee policy. The 1965 Immigration and Nationality Act ended restrictive quotas and racial deselections. The public was not overly enthusiastic about a re-inception of mass immigration, and was assured that this would not happen. However, when paired with unsettling political and economic change as modernization spread outside Europe, the unintended consequence of the 1965 law was intense controversy over unprecedented numbers of immigrants, both legal and illegal, principally from Asia and Latin America.

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