Jean-Yves Carlier

Dirk Vanheule

Klaus Hullmann

Carlos Peña Galiano

This book provides a comparative study of refugee case law in Europe and North America. Nearly five thousand decisions were recorded and one thousand five hundred have been considered in the national reports. This descriptive work is followed by a more analytical part, offering a new way to interpret the definition of a refugee based on three elements: Risk, Persecution and Proof (R.P.P.), summarized in the `Theory of the Three Scales'. This book will be of great interest to organisations, practitioners and decisions makers in Refugee Law, and to scholars of Comparative Law. Of related interest: Europe and Refugees: A Challenge?/L'Europe et les réfugiés: un défi?, edited by Jean-Yves Carlier and Dirk Vanheule (Kluwer Law International, 1997, 90-411-0347-3), contains a collection of essays analysing the plight of refugees today, paying particular attention to the situation in Europe, and to the new European treaties such as the Dublin Convention, the Schengen Agreement and the Resolution of the European Union.

A Comparative Case Law Study

Who is a Refugee?

Marie-Claire Foblets

This volume comprises national reports on migration and migration law from 17 countries representing all continents. The vast majority of these are countries of immigration, which means they face specific challenges in terms of managing migratory flows that are increasingly linked with climate change and scarce natural resources worldwide, and they need to find viable ways to integrate humanitarian migration. Unlike so many recent publications in the field of international migration law, this book brings together reports on diverse countries that are rarely regarded as part of one and the same picture, depicting globalized migration in the contemporary era that to a large extent challenges state sovereignty. The contributions delineate the legal regimes that individual states are continually developing and modifying with a view to managing and controlling access of individual persons to their respective territories. They also show how the restrictive measures that states resort to in the event of failure to manage migration could have a lasting legal impact. The General Report preceding the country reports provides a comparative overview of the national reports, and is divided into two parts. The first, more technical in nature, addresses the classic questions relating to admission to and residence in a country. The second, more reflective section, examines the relationship between laws and migration in a wider and multidisciplinary perspective. To allow a robust comparison, the country reports all follow a similarly wide-ranging structure; to the extent possible, they also cover the historical, sociological and demographic factors that help explain legal regimes and migratory flows in each country. Each country report includes analyses of recent legislative developments and delicate questions that are still awaiting adequate (legal) responses as well as perspectives for the future.

Law and Migration in a Changing World

This book provides a comparative study of refugee case law in Europe and North America. Nearly five thousand decisions were recorded and one thousand five hundred have been considered in the national reports. This descriptive work is followed by a more analytical part, offering a new way to interpret the definition of a refugee based on three elements: Risk, Persecution and Proof (R.P.P.), summarized in the 'Theory of the Three Scales'. This book will be of great interest to organisations, practitioners and decisions makers in Refugee Law, and to scholars of Comparative Law. Of related interest: Europe and Refugees: A Challenge?/L'Europe et les réfugiés: un défi?, edited by Jean-Yves Carlier and Dirk Vanheule (Kluwer Law International, 1997, 90-411-0347-3), contains a collection of essays analysing the plight of refugees today, paying particular attention to the situation in Europe, and to the new European treaties such as the Dublin Convention, the Schengen Agreement and the Resolution of the European Union.

Europe Et Les Réfugiés

Within the framework of the Forum A. & A Leysen, several experts from in and outside the Muslim world contributed to this book. In Islam and Europe: Crises Are Challenges they discuss how dialogues between Islam and the West, with a focus on Europe, can be achieved. The various authors (legal scholars, political theorists, social scientists, and psychologists) explore in these collected essays such interrelated questions as: How much diversity is permissible within a liberal pluralistic democratic society? How strong are the implications of citizenship? What are equitable accommodations of contested practices? They argue for an adequate understanding of how Western Muslim communities in Europe experience their minority position and what needs to be done to improve their participation in European society. The second part of this Volume is a collection of papers written around the work of Abdullahi Ahmed An-Naim, Who also makes his own contribution to the book. The Catholic University of Leuven awarded An-Naim an honorary doctorate in 2009 on the theme of multiculturalism, intercultural relations and diversity. An-Naim is recognized the world over as a leading expert in the area of religion and law, and as a human rights activist. Islam and Europe: Crises Are Challenges reinforces our sense that a better knowledge and awareness of the growing diversity of our society, and striving for harmonious relations between Islam and the West, are among the most important challenges of our time.

Jean-Yves Carlier

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