Exploring the Boundaries of Refugee Law

Current Protection Challenges


Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the ‘boundaries’ of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as ‘legal frontiers’ whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.
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Biographical Note

Jean-Pierre Gauci is director at The People for Change Foundation and Research Coordinator in International Law at the British Institute of International and Comparative Law. He holds a PhD in Law from King’s College London focusing on trafficking-based asylum claims. Mariagiulia Giuffré is Lecturer in Law at the Department of Law and Criminology at Edge Hill University. She obtained a PhD ( Doctor Europaeus certificate) from the School of International Studies, Trento University. Her research focuses on Migration and Refugee Law. Evangelia (Lilian) Tsourdi is a Ph.D. candidate and Researcher at the Université libre de Bruxelles (ULB) and a Researcher at the Université catholique de Louvain (UCL). Her current research focuses on the Common European Asylum System.

Review Quote

"Overall, then, a vital collection of writing on international protection that warrants being drawn on by lawyers and policy makers confronting the global refugee flows of the current era." – Mark Symes, in: The Free Movement blog, 23 February 2016

Table of contents

Introduction Prof. Guy Goodwin-Gill ‘Current Challenges in Refugee Law’ Section 1 Accessing protection: Law and Policy Jessica Schultz The European Court of Human Rights and Internal Relocation: An Unduly Harsh Standard? Mariagiulia Giuffré Access to Protection: Negotiating Rights and Diplomatic Assurances under Memoranda of Understanding Daniel Ghezelbash Lessons in Exclusion: Interdiction and Extraterritorial Processing of Asylum Seekers in the United States and Australia Luisa Feline Freier A liberal paradigm shift? A Critical Appraisal of Recent Trends in Latin American asylum legislation Section 2 Scope of Protection: the 1951 Refugee Convention and Beyond Stefania Barichello The evolving system of refugees’ protection in Latin America Jean-Pierre Gauci Why Trafficked Persons need Asylum Meltem Ineli Ciger Revisiting Temporary protection as a Protection Option to Manage Mass Influx Situations Andrea Pacheco Pacífico, Érika Pires Ramos Humanitarian Asylum for Forced Migrants: the case of Haitians’ arrival in Brazil Evangelia (Lilian) Tsourdi Qualifying for International Protection in the EU: New Understandings of the 1951 Convention and beyond Section 3 Content of Protection: Rights of refugees and asylum seekers Emma Borland Unmerited Restrictions on Access to Justice for Asylum Seekers Reuven (Ruvi) Ziegler Out-of-Country Voting: The Predicament of the Recognised Refugee Emily Darling Australia's Refugee and Humanitarian Family Reunion Programme - a Comparative Study with the European Union


Scholars, students, lawyers, policy-makers, think tanks, NGOs and intergovernmental organisations concerned with forced displacement and refugee law. It also speaks to wider questions of EU law, human rights law, and humanitarian studies.