Baldassar Loretta - Refugee Protection and the Role of Law: Conflicting Identities

Refugee Protection and the Role of Law

Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary refugeehood: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times.

The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that protection, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice.

Contributors to the volume, who include Erika Feller, Elspeth Guild, Hlne Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South-East Asia, Africa and the Middle East is explored in order to ask the question: does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

Susan Kneebone is Professor of Law at the Faculty of Law, Monash University, Australia.

Dallal Stevens is Associate Professor of Law in the School of Law, University of Warwick, UK.

Loretta Baldassar is Professor in the Department of Anthropology and Sociology at the School of Social and Cultural Studies at the University of Western Australia.

Routledge Research in Asylum, Migration and Refugee Law

Available titles in this series include:

Refugee Protection and the Role of Law

Conflicting Identities

Edited by Susan Kneebone, Dallal Stevens, Loretta Baldassar

Gender in Refugee Law

From the Margins to the Centre

Efrat Arbel, Catherine Dauvergne, Jenni Millbank

Forthcoming titles in this series include:

European Asylum Law and the Rights of the Child

Ciara Smyth

Asylum Law in the European Union

From the Geneva Convention to the Law of the EU

Francesco Cherubini

The Socio-Economic Rights of Asylum Seekers

Liam Thornton

Refugee Protection and the Role of Law

Conflicting Identities

Edited by

Susan Kneebone, Dallal Stevens and Loretta Baldassar

First published 2014

by Routledge

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and by Routledge

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2014 Susan Kneebone, Dallal Stevens and Loretta Baldassar

The right of Susan Kneebone, Dallal Stevens and Loretta Baldassar to be identified as editors of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

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British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Refugee protection and the role of law : conflicting identities / edited by Susan Kneebone, Dallal Stevens, Loretta Baldassar.

pages cm.(Routledge research in asylum, migration and refugee law)

Includes bibliographical references and index.

ISBN 978-0-415-83565-7 (hardback)ISBN 978-0-203-48801-0 (ebk)

1. RefugeesLegal status, laws, etc. 2. Convention Relating to the Status of Refugees (1951) I. Kneebone, Susan, editor of compilation. II. Stevens, Dallal, editor of compilation. III. Baldassar, Loretta, 1965-editor of compilation.

KZ6530.R425 2014

341.486dc23

2014005386

ISBN: 978-0-415-83565-7 (hbk)

ISBN: 978-0-203-48801-0 (ebk)

Typeset in Baskerville

by Keystroke, Station Road, Codsall, Wolverhampton

Disclaimer

Every effort has been made to trace and contact copyright holders prior to publication. If notified, the publisher will undertake to rectify any errors or omissions at the earliest opportunity.

Contents

PART I
Refugee law and protection: fit for purpose 60 years on?

SUSAN KNEEBONE, LORETTA BALDASSAR AND DALLAL STEVENS

ROGER ZETTER

DONALD GALLOWAY

ERIKA FELLER

PART II
Refugee identities and protection: historical shifts

DALLAL STEVENS

SUSAN KNEEBONE

MARIA OSULLIVAN

PART III
Law, power and refugee identity: macro and state perspectives

ELSPETH GUILD

ALEXANDER BETTS

HLNE LAMBERT

PART IV
Refugee identities and protection: micro, social and individual perspectives

ULLA BJRNBERG

MAURIZIO AMBROSINI

MARTIN JONES

DALLAL STEVENS, SUSAN KNEEBONE AND LORETTA BALDASSAR

Maurizio Ambrosini is Professor of Sociology of Migration at the University of Milan, Department of Social and Political Sciences, and charg denseignement at the University of Nice-Sophia Antipolis (France). In his Department, he has contributed greatly to the advancement of L.I.M.eS. (Laboratory of Immigration, Multiculturalism and Society). He is also the editor of the journal Mondi Migranti, the first Italian journal in this field, and is the academic coordinator of the Centre Med-Migrations in the Mediterranean, Genoa, as well as the Italian Summer School of Sociology of Migrations. He is a member of the editorial committee of the Journal of Immigrant and Refugee Studies and of several Italian sociological journals and collections. His main interests cover immigrants in the labour market, ethnic entrepreneurship, migration policies and refugees studies. He is the author of more than 150 books, articles and essays in these fields. His handbook, Sociologia delle migrazioni, is adopted as the textbook in many Italian universities. His most recent book is Irregular Immigration and Invisible Welfare (Palgrave, 2013). He was a consultant for the Italian Parliament and member of the National Advisory Board for the Integration of Immigrants at the Ministry of Social Solidarity. He was coordinator of the Italian Unit in the European project ACCEPT Pluralism (7th Framework Programme of the EC).

Loretta Baldassar is Professor and Discipline Chair of Anthropology and Sociology at the University of Western Australia and Adjunct Principal Research Fellow, School of Political and Social Inquiry, Monash University. Baldassar has published extensively on transnational migrants, families and caregiving including, Transnational Families, Migration and the Circulation of Care: Understanding Mobility and Absence in Family Life