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RFUGEE LAW INITIATIVE

RFUGEE LAW INITIATIVE School of Advanced Study| University of London Senate House, Malet Street, London WC1E 7HU, UK Email: RLI@sas.ac.uk Telephone: +44 (0)20 7862 8668 WORKING PAPER SERIES The Refugee Law Initiative (RLI) ‘Working Papers’ are a web-based research series focusing on the protection of refugees and other displaced persons in law and practice. They provide a means for the rapid dissemination of preliminary research results and other work in progress. This resource is particularly intended to facilitate initial distribution and discussion of high quality postgraduate research prior to eventual peer-review publication. Opinions expressed in individual Working Papers are solely those of the author/s, who retain the copyright. They do not represent the views of the RLI, and should not be attributed to it. Any correspondence on individual Working Papers should be directed to the author and not to the RLI. RLI Working Papers are prominently displayed on the RLI website as a resource for scholars and practitioners worldwide. They are also stored in SAS-Space, which records the date deposited.

TABLE OF CONTENTS Working Paper No. 16 4 International Refugee Law – Yesterday, Today, but Tomorrow? Guy S. Goodwin-Gill Working Paper No. 17 20 The Universal Asylum System and the 2016 New York Declaration: Towards an Improved ‘Global Compact’ on Refugees? Terje Einarsen and Marthe Engedahl Working Paper No. 18 47 The origins of “burden sharing” in the contemporary refugee protection regime Claire Inder Working Paper No. 19 77 Bilateral Resettlement Agreements: Any Promising Future for Expanding Refugee Protection Space? A Case Study of the Guantanamo ex-Detainees Seeking Asylum in Central Asia Khalida Azhigulova Working Paper No. 20 104 Non-refoulement under the Inter-American Human Rights System Rodolfo Marques Working Paper No. 21 133 Resettlement mission: Under international law, can the Security Council issue resolutions obligating states to resettle displaced persons? Margarita Fourer Working Paper No. 22 176 The European Union Temporary Protection Directive: an example of solidarity in law but not in practice - A Review of Temporary Protection in the European Union (1990-2015) John Koo 3

  • Page 1: RLI Working Paper Series Special Ed
  • Page 5 and 6: Introduction For many of those who
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  • Page 15 and 16: and the like. The key to such an ap
  • Page 17 and 18: Bibliography League of Nations ‘T
  • Page 19 and 20: Charter of Fundamental Rights of th
  • Page 21 and 22: Final Act, on peace and security an
  • Page 23 and 24: 1 Introduction Refugee law and the
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  • Page 29 and 30: have been underlined by internation
  • Page 31 and 32: definition was intended to be subst
  • Page 33 and 34: 3.2 Implemented Models: Identifying
  • Page 35 and 36: the space was empty after just a fe
  • Page 37 and 38: with “refugee crisis insurance”
  • Page 39 and 40: criteria in times of large-scale mo
  • Page 41 and 42: The model, which is already being t
  • Page 43 and 44: a legally binding agreement can onl
  • Page 45 and 46: a feasible alternative to the ad ho
  • Page 47 and 48: RLI Working Paper No. 18 The origin
  • Page 49 and 50: 1. Introduction 104 1.1 Background
  • Page 51 and 52: that States are failing to sufficie
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    of permanent asylum to refugees by

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    liberal traditions, some States are

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    cautioned that: …one of the funda

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    As with the brief discussion that h

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    preamble being bound up with the Co

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    obligations which it (France) was w

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    3.2.2 The scope of “international

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    situation was removed. In sum, the

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    characterization of refugees as “

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    express ‘pious hopes’ in the pr

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    appears to have been taken for gran

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    protection against refoulement. Non

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    RLI Working Paper No. 19 Bilateral

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    states’ interests need to be bala

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    eturned to their countries of origi

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    Besides, another problem was that s

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    general instruments should continue

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    international refugee law or whethe

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    and not just that there is protecti

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    Guantanamo ex-detainee, Mr Lufti Bi

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    Convention itself does not explicit

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    asylum-seekers from obtaining perma

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    ilateral agreement is properly impl

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    Bibliography Primary Sources Intern

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    International Law Commission (58 th

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    UNHCR Representation in Kazakhstan

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    1. Introduction Non-refoulement is

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    Among other innovations brought abo

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    accepted treaties: the ICCPR, 339 a

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    3.2.1 The European Human Rights Sys

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    American institutions. 4.1 The stru

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    Torture. 386 However, the Court wil

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    Declaration 402 and Article 22(7) o

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    to itself the competence to apply,

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    derogable and even deemed as a pere

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    RLI Working Paper No. 21 Resettleme

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    1. Introduction 1.1 Introduction On

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    Convention. 441 This is an importan

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    The 2010 Review of the Agenda for P

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    out the legal framework that will b

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    2.2.1 Refugee flows as a threat to

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    2.3.1 Article 41 measures not invol

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    the link made by the Security Counc

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    Action under Chapter VII paper. 561

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    The resolutions in question concern

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    solutions are Malian authorities to

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    The second meaning that is used in

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    esponsibility sharing or internatio

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    4. Application The previous Part il

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    e triggered by an UNSC and/or UNGA

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    5. Conclusions This paper set out t

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    Bibliography Books and Chapters Bot

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    Öberg, M.D., ‘The Legal Effects

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    UNGA, ‘Agenda for Protection’,

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    UNGA, Universal Declaration of Huma

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    ICTY, Prosecutor v Dusko Tadic a/k/

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    UNSC, Resolution 2225 (2015) UNSC,

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    Introduction Asylum claims have bee

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    protection as reflected in the TPD.

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    facilitate demilitarization and to

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    contributing to increasing numbers

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    Elements of EU temporary protection

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    ‘Finally, except that the number

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    A mechanism enabling protection, wh

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    een concerned in the way they were

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    The defining element of temporary p

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    station’ ‘may well be a prelude

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    Throughout the 2015 crisis TPD rema

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    numbers. But it proved to be a gamb

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    stop-95-bosnia-massacre.html> acces

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    http://eur-lex.europa.eu/legal-cont

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    UNHCR 1997, The State of the World

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