Legal resources
In response to the refugee crisis in Europe, Oxford University Press has made more than 30 book chapters, journal articles and pieces of content from online resource freely available to assist those working with refugees on the ground, as well as anyone who would like to know more about the framework of rights and obligations concerning refugess. The amterials are structured around four key questions: Who is a refugee, what rights do they have, what are transit states' obligation, and what the duties of the state where a refugee applies for asylum.
1) Who is a refugee?
INTRODUCTORY MATERIALS
Guy S Goodwin-Gill, International Law of Refugee Protection
E. Fiddian-Qasmiyeh, G. Loescher, K. Long, and N. Sigona (eds), The Oxford Handbook of Refugee and Forced Migration Studies, Oxford, OUP, 2014, pp. 36-47
Dieter Kugelmann, Refugees
R Wolfrum (ed), The Max Planck Encyclopedia of Public International Law, Oxford, OUP, 2012
ADVANCED MATERIALS
Andreas Zimmermann and Claudia Mahler, Article 1 A, para. 2
A. Zimmermann (ed), The 1951 Convention Relating to the Status of the Refugees and its 1967 Protocol: A Commentary, Oxford, OUP, 2011, pp.280-479
David James Cantor, Reframing Relationships: Revisiting the Procedural Standards for Refugee Status Determination in Light of Recent Human Rights Treaty Body Jurisprudence
Refugee Survey Quarterly (2015) 34 (1): 79-106
Hugo Storey, Armed Conflict in Asylum Law: The “War-Flaw”
Refugee Survey Quarterly (2012) 31 (2): 1-32
James C. Simeon, Complicity and Culpability and the Exclusion of Terrorists From Convention Refugee Status Post-9/11
Refugee Survey Quarterly (2010) 29 (4): 104-137
Katy Long, When Refugees Stopped Being Migrants: Movement, Labour and Humanitarian Protection
Migration Studies (2013) 1 (1): 4-26
2) What rights do refugees have?
INTRODUCTORY MATERIALS
Vincent Chetail, Armed Conflict and Forced Migration: A Systemic Approach to International Humanitarian Law, Refugee Law and Human Rights Law
A. Clapham & P. Gaeta (eds), The Oxford Handbook of International Law in Armed Conflict, Oxford, OUP, 2014, pp. 700-734
Volker Türk and Rebecca Dowd, Protection Gaps
E. Fiddian-Qasmiyeh, G. Loescher, K. Long, and N. Sigona (eds), The Oxford Handbook of Refugee and Forced Migration Studies, Oxford, OUP, 2014, pp. 278-289
ADVANCED MATERIALS
Guy S. Goodwin-Gill and Jane McAdam, International Protection
The Refugee in International Law, Oxford, OUP, 2007, pp. 421-461
Antonio Fortin, The Meaning of ‘Protection’ in the Refugee Definition
International Journal of Refugee Law (2000) 12 (4): 548-576
Alice Edwards, Human Rights, Refugees, and The Right ‘To Enjoy’ Asylum
International Journal of Refugee Law (2005) 17 (2): 293-330
Colin Harvey, Time for Reform? Refugees, Asylum-seekers, and Protection Under International Human Rights Law
Refugee Survey Quarterly (2015) 34 (1): 43-60
3) What are the obligations imposed on states which refugees pass through en route to their destination of choice (transit states)?
INTRODUCTORY MATERIALS
Rainer Hofmann and Tillman Loehr, Introduction to Chapter V
A. Zimmermann (ed) The 1951 Convention Relating to the Status of the Refugees and its 1967 Protocol: A Commentary, Oxford, OUP, 2011, pp. 1087-1128
ADVANCED MATERIALS
Gregor Noll, Article 31 (Refugees Unlawfully in the Country of Refuge)
A. Zimmermann (ed), The 1951 Convention Relating to the Status of the Refugees and its 1967 Protocol: A Commentary, Oxford, OUP, 2011, pp.1243-1276
Ulrike Davy, Article 32 (Expulsion)
A. Zimmermann (ed), The 1951 Convention Relating to the Status of the Refugees and its 1967 Protocol: A Commentary, Oxford, OUP, 2011, pp.1277-1326
Andreas Fischer-Lescano , Tillmann Löhr, and Timo Tohidipur, Border Controls at Sea: Requirements under International Human Rights and Refugee Law
International Journal of Refugee Law (2009) 21 (2): 256-296
Maria-Teresa Gil-Bazo, The Practice of Mediterranean States in the context of the European Union's Justice and Home Affairs External Dimension: The Safe Third Country Concept Revisited
International Journal of Refugee Law (2006) 18 (3-4): 571-600
Jan-Paul Brekke and Grete Brochmann, Stuck in Transit: Secondary Migration of Asylum Seekers In Europe, National Differences, and the Dublin Regulation
Journal of Refugee Studies (2015) 28 (2): 145-162
Alison Gerard and Sharon Pickering, Gender, Securitization, and Transit: Refugee Women and the Journey to the EU
Journal of Refugee Studies (2014) 27 (3): 338-359
4) What are the obligations imposed on states in which refugees apply for asylum?
INTRODUCTORY MATERIALS
Guy S. Goodwin-Gill and Jane McAdam, The Concept of Asylum
The Refugee in International Law, Oxford, OUP, 2007, pp. 355-417
Guy S. Goodwin-Gill and Jane McAdam, Non-Refoulement in the 1951 Refugee Convention
The Refugee in International Law, Oxford, OUP, 2007, pp. 201-284
Randall Hansen, State Controls: Borders, Refugees, and Citizenship
E. Fiddian-Qasmiyeh, G. Loescher, K. Long, and N. Sigona (eds), The Oxford Handbook of Refugee and Forced Migration Studies, Oxford, OUP, 2014, pp. 253-264
ADVANCED MATERIALS
Kay Hailbronner and Jana Gogolin, Asylum- Territorial
R Wolfrum (ed), The Max Planck Encyclopedia of Public International Law, Oxford, OUP, 2012
Maria-Teresa Gil-Bazo, Asylum as a General Principle of International Law
International Journal of Refugee Law (2015) 27 (1): 3-28
Hélène Lambert, Francesco Messineo and Paul Tiedemann, Comparative Perspectives of Constitutional Asylum in France, Italy, and Germany: Requiescat in Pace?
Refugee Survey Quarterly (2008) 27 (3): 16-32
María-Teresa Gil-Bazo, The Charter of Fundamental Rights of the European Union and the Right to be Granted Asylum in the Union's Law
Refugee Survey Quarterly (2008) 27 (3): 33-52
Jens Vedsted-Hansen, The European Convention on Human Rights, Counter-Terrorism, and Refugee Protection
Refugee Survey Quarterly (2010) 29 (4): 189-206
Case law
International Refugee Case Law
www.interights.org/commonwealth-and-international-law-database/index.html
This website provides access to case law from Australia, Canada, New Zealand, the United Kingdom, the United States and 28 other Northern asylum countries. It allows for searching by country of origin, time period and by ‘concept’.
- See more at: http://www.refugeelegalaidinformation.org/case-law#sthash.yEaePm5E.dpuf
Center for Gender & Refugee Studies (United States caselaw)
The Center for Gender & Refugee Studies (CGRS) database contains information on over 7,000 asylum cases from 1996 onwards, at all levels of adjudication across the United States. Asylum seekers in most of these cases are women, children, or LGBT refugees.
- See more at: http://www.refugeelegalaidinformation.org/case-law#sthash.yEaePm5E.dpuf
The European Database of Asylum Law
The European Database of Asylum Law (EDAL) is an accessible, open access, online database of case law from EU Member States relevant to the interpretation of European asylum law. It is coordinated and hosted by the Irish Refugee Council (IRC) in partnership with the European Council on Refugees and Exiles (ECRE) and the Hungarian Helsinki Committee (HHC).
- See more at: http://www.refugeelegalaidinformation.org/case-law#sthash.yEaePm5E.dpuf
RefWorld
This site is maintained by the Office of the UNHCR. It contains over 7,000 judicial decisions from a large number of jurisdictions. Most of the cases are from higher courts and are therefore likely to be more persuasive to future courts and decision-makers. It has a search function that allows filtering by country of origin of the refugee claimant as well as country of the decision.
- See more at: http://www.refugeelegalaidinformation.org/case-law#sthash.yEaePm5E.dpuf
NEAIS
The Newsletter on European Asylum Issues (NEAIS) is a Newsletter on European Asylum Issues. This newsletter is designed for judges who need to keep up to date with European developments in the area of asylum. This newsletter contains European legislation and jurisprudence on four central themes regarding asylum: (1) qualification for protection (2) procedural safeguards (3) responsibility sharing and (4) reception conditions of asylum seekers.
- See more at: http://www.refugeelegalaidinformation.org/case-law#sthash.yEaePm5E.dpuf