Human Rights and Refugees, Internally Displaced Persons and Migrant Workers

Essays in Memory of Joan Fitzpatrick and Arthur Helton


An extraordinary volume with 28 of the world's leading refugee and human rights scholars and advocates in a wide-ranging examination of the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts and treaty bodies on the rights and responsibilities of protection; due process issues from Europe, Canada and the United States, and the special needs of migrant workers. The book brings together a unique group of experts including UNHCR officials, legal academics and practitioners, and uniquely tackles these crucial subjects from the perspectives of theory, legal practice, and advocacy.

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PART I: The Challenges of International Protection
Chapter 1. Arthur Helton & Eliana Jacobs, What is Forced Migration?
Chapter 2. Monette Zard, Towards a Comprehensive Approach to Protecting Refugees and the Internally Displaced
Chapter 3. Brian Gorlick, (Mis)Perception of Refugees, State Sovereignty, and the Continuing Challenge of International Protection
Chapter 4. Boldizsár Nagy, The Frontiers of the Sovereign
Chapter 5. Gil Loescher, Living After Tragedy: The UN Baghdad Bomb One Year On
PART II: Lessons Learned
Chapter 6. Gerald Martone, Life with Dignity: What is the Minimum Standard?
Chapter 7. Gerald Martone & Hope Neighbor, The Emergency Alibi
Chapter 8. John Fawcett & Victor Tanner, Again and Again: The UN’s Betrayal of the Internally Displaced in South and Central Iraq, 1991-2003
Chapter 9. Norah Niland, Taliban-run Afghanistan: the Politics of Closed Borders and Protection
Chapter 10. Jean-Francois Durieux & Jane McAdam, Non-Refoulement Through Time: The Case for a Derogation Clause to the Refugee Convention in Mass Influx Emergencies
PART III: Rights and Responsibility for Protection
Chapter 11. Bernie F. Hamilton, Human Rights, Refugees and the Fate of Minorities
Chapter 12. Ron Slye, Refugee Jurisprudence, Crimes Against Humanity, and Customary International Law
Chapter 13. Chaloka Beyani, The Role of Human Rights Bodies in Protecting Refugees
Chapter 14. Stephanie Farrior, International Human Rights Treaties and the Rights of Female
Refugees and Asylum Seekers;
Chapter 15. Paul Hoffman, The Alvarez Case and the Rule of Law
Chapter 16. William J. Aceves, Protecting the Right to Family Life in U.S. Immigration Proceedings: A Fundamental Right With a Limited Remedy
PART IV: Setting the Standards of Due Process
Chapter 17. Christina Cerna, Are We Headed in the Right Direction? The Rules of Procedure of the Inter-American Commission on Human Rights in light of the experience of the European System
Chapter 18. David Matas, Stars and Mud: The participation of refugee workers in refugee policy formation
Chapter 19. Juan Mendez & Helena Olea & Andreas Feldmann, International Standards of Due Process for Migrant Workers, Asylum Seekers, and Refugees
PART V: The Case of Migrant Workers
Chapter 20. Douglass Cassel, Equal Labor Rights for Undocumented Migrant Workers
Chapter 21. Constance De La Vega & Conchita Lozano-Batista, Advocates Should Use Applicable International Standards to Address Violations of Undocumented Migrant Workers’ Rights in the United States
Chapter 22. Beth Lyon, New International Human Rights Standards on Unauthorized Immigrant Worker Rights: Seizing an Opportunity to Pull Governments out of the Shadows
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