Immigration Law

Immigration Law Order Description   “The refugee definition in Article 1 of the 1951 Convention has been the principal tool for providing effective protection to millions of refugees since it was crafted fifty years ago. It has proven its resilience and adaptability over those years, demonstrating that proper interpretation... respects and furthers the objects and purposes of the 1951 Convention.” – UNHCR, ‘The International Protection of Refugees: Interpreting Art. 1 of the 1951 Convention Relating to the Status of Refugees,’ (April 2001) 15, paragraph 58. Consider this statement, and evaluate whether the 1951 Convention definition of the refugee remains appropriate given the present displacement of peoples around the world. Indicative Reading: ? Andrew Schoenholtz, “The New Refugees and the Old Treaty: Persecutors and Persecuted in the Twenty-First Century” (2015) 16(1) Chicago Journal of International Law 81. ? Heather Alexander and Jonathan Simon, “’Unable to return’ in the 1951 Refugee Convention: stateless refugees and climate change” (2014) 26(3) Florida International Law Journal 531. ? B. Ní Ghráinne, UNHCR’s Involvement with IDPs – “‘Protection of that Country’ for the Purposes of Precluding Refugee Status?” (2005) 27(1) International Journal of Refugee Law 1. ? Luke T Lee, “The Refugee Convention and Internally Displaced Persons” (2001) 13(3) International Journal of Refugee Law 563. ? M Rafiqul Islam, “The Sudanese Darfur Crisis and Internally Displaced Persons in International Law: The Least Protection for the Most Vulnerable” (2006) 18(2) International Journal of Refugee Law 354. ? Kara K Moberg, “Extending refugee definitions to cover environmentally displaced persons displaces necessary protection” (2009) 94(3) Iowa Law Review 1107. ? Sireesha V Chirala, “Acclimating to climate change: filling the international policy void for environmentally displaced people” (2013) 35(2) Houston Journal of International Law 359. ? Mostafa Mahmud Naser, “Climate-induced Displacement in Bangladesh: Recognition and Protection under International Law” (2013) 82(2) Nordic Journal of International Law 487. ? Xing-Yin Ni, “A nation going under: legal protection for "climate change refugees” (2015) 38(2) Boston College International & Comparative Law Review 329. ? N. Geissler, “The International Protection of Internally Displaced Persons,” (1999) 11(3) International Journal of Refugee Law 451. ? K. Luopajarvi, ‘Is there an Obligation on States to Accept International Humanitarian Assistance to Internally Displaced Persons under International Law?,’ (2003) 15(3) International Journal of Refugee Law 678. ? UN High Commissioner for Refugees, Report of the Working Group on Solutions and Protection to the Forty-second Session of the Executive Committee of the High Commissioner's Programme, (UNHCR 12 August 1991), EC/SCP/64, available at: <https://www.refworld.org/docid/3ae68ccb14.html> - pp. 3-10.     • The word limit for this assignment Is 3000 words. Students are advised to make full use of the word count available to them to consider the substance of the law, its application, and the variety of perspectives on the law’s effect. • Type in 12 point, Times New Roman font, 1.5 spaced and justified text. • Cite any cases, articles, books, or other authorities that you refer to appropriately, using the OSCOLA system. No bibliography is necessary. Students are being graded as follows: ? 60% - Substantive content, including knowledge of the relevant law, veracity of statements, critical engagement with the law as it is, and a balanced/informed assessment of what it could or should be ? 20% - Research – has the student engaged a wide variety of sources, including case-law and journal articles; is there evidence of independent research, including articles not indicated by the Lecturer, civil society and NGO reports, etc. ? 10% - Referencing – is the assignment OSCOLA compliant, are references footnoted neatly and consistently ? 10% - Presentation – e.g., justified text, appropriate punctuation (periods, apostrophes, quotation marks), headings (if necessary).