Jane McAdam

This book provides a comprehensive analysis of complementary protection, from its historical development through to its contemporary application. By examining the human rights foundations of the Convention, the architecture of Convention rights, regional examples of complementary protection, and principles of non-discrimination, the book argues that the Convention acts as a type of lex specialis for persons in need of international protection, providing a specialized blueprint for legal status, irrespective of the legal source of the protection obligation.

Complementary Protection in International Refugee Law

Guy S. Goodwin-Gill

The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.

The Refugee in International Law

Displacement caused by climate change is an area of growing concern. With current rises in sea levels and changes to the global climate, it is an issue of fundamental importance to the future of many parts of the world. This book critically examines whether States have obligations to protect people displaced by climate change under international refugee law, international human rights law, and the international law on statelessness. Drawing on field work undertaken in Bangladesh, India, and the Pacific island States of Kiribati and Tuvalu, it evaluates whether the phenomenon of 'climate change-induced displacement' is an empirically sound category for academic inquiry. It does so by examining the reasons why people move (or choose not to move); the extent to which climate change, as opposed to underlying socio-economic factors, provides a trigger for such movement; and whether traditional international responses, such as the conclusion of new treaties and the creation of new institutions, are appropriate solutions in this context. In this way, the book queries whether flight from habitat destruction should be viewed as another facet of traditional international protection or as a new challenge requiring more creative legal and policy responses. law, and the international law on statelessness. Drawing on

Climate Change, Forced Migration, and International Law

The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis.

Fiona Chong

Everyone has the right to seek asylum under international law. However, successive governments in Australia have declared the need to ‘stop the boats’ whatever the cost, be it human, economic, moral or legal. In this new book, Jane McAdam and Fiona Chong find that Australia’s policies towards refugees have hardened since their bestsellingRefugees: Why seeking asylum is legal and Australia’s policies are notwas published in 2014. Now,Refugee Rights and Policy Wrongs provides a wholly updated account of Australian refugee law and policy. Bringing facts to bear on a highly politicised debate, McAdam and Chong explain why Australia falls short of its own international commitments when it comes to policies on offshore processing, detention and boat turnbacks, among others. This up-to-date account of Australia’s refugee laws and policies could not come at a more crucial time and is compelling reading for anyone seeking to understand the human impacts of Australia’s practices. ‘This book should be read by all Australians concerned about the inhumanity demonstrated by successive federal governments when dealing with refugees seeking our protection.’ — Ian McPhee AO

A frank, up-to-date guide by experts

Refugee Rights and Policy Wrongs

This is a key study into whether 'climate change refugees' are protected by international law. It examines the reasons why people do or do not move; how far climate change is a trigger for movement; and whether traditional international responses, such as creating new treaties and new institutions, are appropriate solutions in this context.

Cathryn Costello

Michelle Foster

This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.

Jane McAdam

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