Asylum Between Nations
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Let Me be a Refugee
Author: Rebecca Hamlin
language: en
Publisher: Oxford University Press, USA
Release Date: 2014
Why do decision-makers in similar liberal democracies interpret the same legal definition in very different ways? International law provides states with a common definition of a "refugee" as well as guidelines outlining how asylum claims should be decided. Yet, the processes by which countries determine who should be granted refugee status look strikingly different, even across nations with many political, cultural, geographical, and institutional commonalities. This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations - the United States, Canada, and Australia. Despite similarly high levels of political resistance to accepting asylum seekers across these three states, once asylum seekers cross their borders, they access three very different systems. These differences are significant both in terms of asylum seekers' experience of the process and in terms of their likelihood of being found to be a refugee. The book moves beyond the claim by some scholars that asylum seeker destinations are uniformly becoming more exclusionary, and the contrary assertions of other scholars that the same destinations are converging on a new inclusive internationalism leading to the decline of state sovereignty. Instead, Hamlin finds these states to be running on three distinct trajectories, none of which are totally restrictive or expansive. Based on a multi-method analysis of all three countries, including a year of fieldwork with in-depth interviews of policy-makers and asylum-seeker advocates, observations of refugee status determination hearings, and a large-scale case analysis, Hamlin finds that cross-national differences have less to do with political debates over admission and border control policy than with the level of insulation the administrative decision-making agency enjoys from either political interference or judicial review. Administrative justice is conceptualized and organized differently in every state, and so states vary in how they draw the line between refugee and non-refugee.
Asylum between Nations
Author: Janet Polasky
language: en
Publisher: Yale University Press
Release Date: 2023-05-16
Why some of the most vulnerable communities in Europe, from independent cities to new monarchies, welcomed refugees during the Age of Revolutions and prospered “Janet Polasky unearths an unappreciated history of the experience of asylum in Europe and the United States since the Age of the Democratic Revolutions. Facing squarely the destruction of asylum in our own time, she ends with a stunningly optimistic vision of a path toward its reconstruction.”—Linda K. Kerber, author of No Constitutional Right to Be Ladies Driven from their homelands, refugees from ancient times to the present have sought asylum in worlds turned upside down. Theirs is an age‑old story. So too are the solutions to their plight. In the wake of the American and French Revolutions, thousands of men and women took to the roads and waterways on both sides of the Atlantic—refugees in search of their inalienable rights. Although larger nations fortified their borders and circumscribed citizenship, two port cities, German Hamburg and Danish Altona, opened their doors, as did the federated Swiss cantons and the newly independent Belgian monarchy. The refugees thrived and the societies that harbored them prospered. The United States followed, not only welcoming waves of immigrants in the mid‑nineteenth century but offering them citizenship as well. In this remarkable story of the first modern refugee crisis, historian Janet Polasky shows how open doors can be a viable alternative to the building of border walls.
The Global Reach of European Refugee Law
Author: Hélène Lambert
language: en
Publisher: Cambridge University Press
Release Date: 2013-09-05
Examination of the worldwide emulation of key norms of European refugee protection through transnational processes and actors.