Critical Issues in International Refugee Law: Strategies Toward Interpretative Harmony Edited by James C

Cambridge University Press 978-0-521-19952-0 - Critical Issues in International Refugee Law: Strategies Toward Interpretative Harmony Edited by James C. Simeon Frontmatter More information CRITICAL ISSUES IN INTERNATIONAL REFUGEE LAW Th is volume of original essays examines key cutting edge areas of international refugee law, including strategies for interpretative harmony, the rights of refugees and the standard of proof in complementary protection. Each topic is examined from a theoretical and a practical perspective in order to fi nd solu- tions to the many legal issues and concerns which currently confront this area of law, and to seek ways to advance the fi eld as a whole. . is an Assistant Professor in the School of Public Policy and Administration, Faculty of Liberal Arts and Professional Studies, a Centre for Refugee Studies (CRS) Scholar, and a Faculty Associate with the Centre for Support of Teaching (CST) at York University, Toronto, Canada. His teaching and research interests are in the fi elds of public man- agement, public administration, public policy and administration and international human rights law, international refugee law, and international humanitarian and criminal law. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19952-0 - Critical Issues in International Refugee Law: Strategies Toward Interpretative Harmony Edited by James C. Simeon Frontmatter More information © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19952-0 - Critical Issues in International Refugee Law: Strategies Toward Interpretative Harmony Edited by James C. Simeon Frontmatter More information CRITICAL ISSUES IN INTERNATIONAL REFUGEE LAW Strategies Toward Interpretative Harmony JAMES C. SIMEON © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19952-0 - Critical Issues in International Refugee Law: Strategies Toward Interpretative Harmony Edited by James C. Simeon Frontmatter More information cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Tokyo, Mexico City Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521199520 © Cambridge University Press 2010 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2010 A catalogue record for this publication is available from the British Library Library of Congress cataloguing in publication data Critical issues in international refugee law : strategies toward interpretative harmony / [edited by] James C. Simeon. p. cm. Includes bibliographical references and index. isbn 978-0-521-19952-0 1. Political refugees–Legal status, laws, etc. 2. Asylum, Right of. I. Simeon, James C. II. Title. 27.c75 2010 2.08´–dc22 2010027 isbn 978-0-521-19952-0 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. Information regarding prices, travel timetables, and other factual information given in this work is correct at the time of first printing but Cambridge University Press does not guarantee the accuracy of such information thereafter. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19952-0 - Critical Issues in International Refugee Law: Strategies Toward Interpretative Harmony Edited by James C. Simeon Frontmatter More information Contents N o t e s o n c o n t r i b u t o r s p a g e vii Foreword by Justice Tony North xii A c k n o w l e d g e m e n t s xv Introduction: the research workshop on critical issues in international refugee law and strategies towards interpretative harmony James C. Simeon From refugee to judge of refugee law Justice Albie Sachs Individual risk, armed confl ict and the standard of proof in complementary protection claims: the European Union and Canada compared Jane McAdam Running scared since /: refugees, UNHCR and the purposive approach to treaty interpretation Geoff Gilbert Asymmetrical sovereignty and the refugee: diplomatic assurances and the failure of due process, Agiza v. Sweden and Alzery v. Sweden Elspeth Guild Economic harm as a basis for refugee status and the application of human rights law to the interpretation of economic persecution Kate Jastram v © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19952-0 - Critical Issues in International Refugee Law: Strategies Toward Interpretative Harmony Edited by James C. Simeon Frontmatter More information vi Contents Th e fragmented nature of the international refugee regime and its consequences: a comparative analysis of the applications of the convention N e r g i s C a n e f e I n d e x © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19952-0 - Critical Issues in International Refugee Law: Strategies Toward Interpretative Harmony Edited by James C. Simeon Frontmatter More information Contributors (Ph.D. York, , D.Jur candidate, Osgoode Hall Law School) is Associate Professor of Political Science at York University, and Associate Director at Centre for Refugee Studies. She taught at London School of Economics, UK, and, Istanbul Bilgi and Bogazici Universities in Turkey prior to her appoint- ment at York in , and is currently an adjunct faculty member at Istanbul Bilgi University’s Faculty of Law. Her areas of expert- ise are minority rights, diaspora politics, nationalism and forced migration studies, critical citizenship studies, and, crimes against humanity. Her publications appeared in journals including Refuge, Citizenship Studies, Nations and Nationalism, Balkanologie, Turkish Studies, Rethinking History and South East European Politics and Society. She published a co-edited volume Turkey and the European Integration () and a sole-authored volume in Turkish titled Citizenship, Identity and Belonging: Limits of Turkish Nationalism (). Her new edited volume with William Safran titled Th e Jewish Diaspora as a Paradigm: Politics, Religion and Belonging is forth- coming. She is currently working on her second Turkish book titled Sovereign Utopias: Roots of Political Violence in Peripheral Nationalisms , and a new edited volume titled Political Violence and Citizenship in Turkey: Fear, Sacrifi ce and Social Responsibility . At Osgoode Hall Law School, she is completing her dissertation titled “Substantive Norms Debate in International Law: A Legal Pluralistic Analysis of Crimes Against Humanity,” under the supervision of Craig Scott, Harry Arthurs and Les Jacobs. is a Professor of Law, School of Law and the Human Rights Centre, and the Director of LL.M. in International vii © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19952-0 - Critical Issues in International Refugee Law: Strategies Toward Interpretative Harmony Edited by James C. Simeon Frontmatter More information viii Notes on contributors Human Rights and Humanitarian Law at the University of Essex and he is the Editor-in-Chief of the International Journal of Refugee Law . He is author of “Current Issues in the Application of the Exclusion Clauses” in Feller, Türk and Nicholson, Refugee Protection in International Law (), part of UNHCR’s Global Consultations, and founding Director of Studies for UNHCR annual Th ematic Refugee course for judges, government offi cials and UNHCR staff at the International Institute for Humanitarian Law, Sanremo, Italy, since . He was Specialist Advisor to the Joint Parliamentary Committee on Human Rights in its inquiry into the treatment of asylum seekers, –. In , he was elected a Bencher of the Middle Temple, London, United Kingdom. is Professor of European Migration Law at the Radboud University Nijmegen, awarded a Jean Monnet Chair in . She is also a visiting professor at the London School of Economics and the College of Europe Bruges. In addition to her academic activities, she is a partner at the London law fi rm Kingsley Napley and a senior research fellow at the Centre for European Policy Studies in Brussels. Her most recent mono- graph is entitled Security and Migration in the st Century (). is a Lecturer in Residence at Berkeley Law, University of California, where she teaches refugee, human rights, and humanitarian law, and is also an Affi liated Scholar at the Chief Justice Earl Warren Institute on Race, Ethnicity, and Diversity. She has been a legal advisor to the UNHCR in Geneva and Washington, D.C., and has served as an expert on asylum issues for the United States Commission on International Religious Freedom. She is the co-author of “Family Unity and Refugee Protection” in Feller, Türk and Nicholson, Refugee Protection in International Law (), part of UNHCR’s Global Consultations. In , she was a co-recipient of the Arthur C. Helton Human Rights Award, awarded by the American Immigration Lawyers Association in rec- ognition of outstanding service in advancing the cause of

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