Legal Evolution and the 1951 Refugee Convention

2021 ◽  
Author(s):  
Thomas Gammeltoft-Hansen
Keyword(s):  
Refugee Convention ◽  
Legal Evolution

Legal evolution and the 1951 Refugee Convention

2021 ◽  
Vol 59 (4) ◽  
pp. 257-260
Author(s):  
Thomas Gammeltoft‐Hansen
Keyword(s):  
Refugee Convention ◽  
Legal Evolution

Asylum-seekers falsely implicating themselves in international crimes: Should they be informed of the existence of Article 1F of the Refugee Convention?

2014 ◽  
Vol 12 (1) ◽  
pp. 91-101
Author(s):  
Brian Moore ◽  
Joris van Wijk
Keyword(s):  
The Netherlands ◽  
Case Studies ◽  
Asylum Seekers ◽  
Refugee Convention ◽  
International Crimes ◽  
Refugee Claim ◽  
The Uk ◽  
National Governments

Case studies in the Netherlands and the UK of asylum applicants excluded or under consideration of exclusion pursuant to Article 1Fa of the Refugee Convention reveal that some applicants falsely implicated themselves in serious crimes or behaviours in order to enhance their refugee claim. This may have serious consequences for the excluded persons themselves, as well as for national governments dealing with them. For this reason we suggest immigration authorities could consider forewarning asylum applicants i.e. before their interview, about the existence, purpose and possible consequences of exclusion on the basis of Article 1F.

What Do We Mean by Protection?

2013 ◽  
Vol 20 (2) ◽  
pp. 233-262 ◽  
Author(s):  
Dallal Stevens
Keyword(s):  
United Nations ◽  
The State ◽  
Refugee Policy ◽  
International Protection ◽  
Refugee Convention ◽  
United Nations High Commissioner ◽  
High Commissioner

Protection is arguably the raison-d’être of refugee policy. Yet, surprisingly, the meaning of protection is not without ambiguity. ‘Domestic protection’ can be distinguished from ‘international protection’; the sense attributed to protection within the 1951 Refugee Convention contrasts with that of the 1950 United Nations High Commissioner for Refugees (UNHCR) Statute. Equally, how the state interprets its protective obligations departs frequently from the practice of humanitarian organisations. Alongside such differences, there has been a proliferation of protection concepts in recent years which, far from improving understanding, have added unnecessary confusion and undermined the fundamental purpose of protection. This article considers the language of ‘protection’ within the refugee field and argues that protection proliferation must now be addressed and reversed.

At 70, has the 1951 Refugee Convention seen its day?

2021 ◽  
Vol 59 (3) ◽  
pp. 245-247
Author(s):  
Metin Çorabatır ◽  
Hale Özen
Keyword(s):  
Refugee Convention

The evolution of the monitoring board in Japan: how the board performs monitoring function in Japanese corporate governance

2019 ◽  
Vol 19 (5) ◽  
pp. 999-1014
Author(s):  
Kohei Miyamoto
Keyword(s):  
Corporate Governance ◽  
Design Methodology ◽  
Stock Exchange ◽  
White Paper ◽  
Lifetime Employment ◽  
Content Type ◽  
Legal Reforms ◽  
Legal Evolution ◽  
Commercial Code ◽  
Governance Institutions

Purpose The purpose of this paper is to trace a legal evolution of the monitoring board and to reveal what brought the evolution and what is expected to emerge. The paper points to unique complementarities in Japanese corporate governance institutions and norms which will affect how the monitoring board performs its functions. Design/Methodology/Approach Analysis is based on texts on corporate governance legislations in Japan from the revision of Commercial Code in 1950 to the revision of Companies Act in 2014. Other sources include Tokyo Stock Exchange regulations, White Paper on Corporate Governance and other academic literatures on Japanese corporate governance. Findings Changes of non-legal institutions and norms in Japanese corporate governance necessitated legal reforms toward the monitoring board. Persisting institutions and norms, in particular lifetime employment, influences how the monitoring board performs its functions in Japan. Originality/Value This paper explains how the evolution of the monitoring board in Japan emerged and what will cause different expected functions of the monitoring board in Japan and other jurisdictions.

Recourse to Human Rights Treaty Bodies for Monitoring of the Refugee Convention

2002 ◽  
Vol 20 (1) ◽  
pp. 53-74 ◽  
Author(s):  
Saul Takahashi
Keyword(s):  
Human Rights ◽  
Monitoring Methods ◽  
Refugee Convention ◽  
Body Model ◽  
Number Of Factors ◽  
The World ◽  
Monitoring Mechanism ◽  
The Status ◽  
Treaty Body ◽  
Refugee Issues

Nearly all human rights conventions adopt the treaty body model to monitor states parties' implementation of their treaty obligations. This monitoring mechanism provides for a quasi judicial committee, far detached from sites of many of the human rights violations it reviews. On the other hand, there is no such treaty body for the 1951 Convention relating to the Status of Refugees. Rather, there is the UNHCR; a large operational agency with offices all over the world, including in sites of refugee emergencies. Effective monitoring of human rights conventions would seem to require a number of factors, including independence and transparency. Legitimate monitoring would have to be strong, and would have to be seen to be strong. Criticism raised in recent years of UNHCR's monitoring methods are largely based on frustration with these points. This paper will examine these issues, and also examine whether recourse to the treaty bodies really provides an adequate remedy for refugee rights. The argument of this paper is that while the UNHCR's monitoring of the Refugee Convention is problematic in many respects, the monitoring of refugee issues by the treaty bodies is in many ways incomplete and inconsistent, and that the treaty body model does not provide refugee advocates with a comprehensive solution.

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