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FORCED MIGRATION, HUMAN RIGHTS AND SECURITY

FORCED MIGRATION, HUMAN RIGHTS AND SECURITY pan-huropean document, given the non-ratification by some states, such as Belgium, France, Greece and Tur, � ey? Furthermore, what is the added value of the Framework Convention compared to other international minority monitoring mechani.rms? The volume brings together a number of leading international experts. Several authors are closely involved with the monitoring of minority protection in Europe. A n n e l i e s V e r s t i c h e l , A n d r e A l e n a n d B r u n o D e W i t t e (cds.), I n t e r s e n t i a , 2008, I S B N 9 7 8 - 9 0 - 5 0 - 9 5 6 4 3 - 7 , 292 pages. F O R C E D M I G R A T I O N , H U M A N R I G H T S AND SECURITY The international protection regime f o r refugees and other forced migrants seems increasingly a t risk as measures designed to enhance secu rio - of borders, of people, of institutions, and 0/ national identitY - encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the intertaational protection regimes, tvitb a particular focus on the human rights of those displaced The book begins by assessing the impact of anti-terrorism laws on refugee status, both a t the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms a n d extraterritorial processing on asylum seekers' access to territory and entitlements (both procedural a n d substantive). I t considers the particular needJ and r � ql)ts of children as forced migrants, but also as children; the role of buman rights latv in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makerr in assessing the credibility of evidence; and the scope_lbr an international judicial commission to provide consistent interpretatiie guidance on refùgee law, so as to overcome (or a t least diminish) the currently diverse and sometimes conflicting approaches 0 / national courts. T he last p a r t of the book examines the status of people ivho benefit from 'complementary protection' - such as those tvho cannot be removed from a country because th � y jàce a risk of torture or cruel, inhuman or d � gradin,g treatment or punishment - and the scopefor the broader concept of the 'responsibilitY to protect' to address gaps in the international protection regime. J a n e M c A d a m (ed.), Hart Publishing, 2008, ISBN 978-18-41-13770-4, 316 pages. C O U N T E R T E R R O R I S M D e m o c r a c y ' s CHALLENGF Terrorist violence is no novelty in humun history anrl, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and hotv a State should use emergency y powers that limit individual freedoms is nearly as old as the history of political tl)ot(ght. After reviewing some history of .State responses to terrorist violence a n d their t h i s book sets out to assess the effects of contemporary counterterrorism law and policies on democratic States. I n particular, it considers the interaction between national a n d international law in shaping and implementing anti-terror measures, and d the difficult role of the judiciary in striking a balance behveen security concerns and fundamental rights. I t also examines the strains this has caused on some democracies, especially a bltrrring in the separation of powers between the legislative, executive and jurlicial branches ofgovernment, giving reason to enquire qfresl) whether new purarligms are needed Finally, the issue of whether the doctrine of constitutionalism can http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Tilburg Law Review Brill

FORCED MIGRATION, HUMAN RIGHTS AND SECURITY

Tilburg Law Review , Volume 14 (4): 1 – Jan 1, 2007

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2211-0046
eISSN
2211-2596
DOI
10.1163/221125907X00362
Publisher site
See Article on Publisher Site

Abstract

pan-huropean document, given the non-ratification by some states, such as Belgium, France, Greece and Tur, � ey? Furthermore, what is the added value of the Framework Convention compared to other international minority monitoring mechani.rms? The volume brings together a number of leading international experts. Several authors are closely involved with the monitoring of minority protection in Europe. A n n e l i e s V e r s t i c h e l , A n d r e A l e n a n d B r u n o D e W i t t e (cds.), I n t e r s e n t i a , 2008, I S B N 9 7 8 - 9 0 - 5 0 - 9 5 6 4 3 - 7 , 292 pages. F O R C E D M I G R A T I O N , H U M A N R I G H T S AND SECURITY The international protection regime f o r refugees and other forced migrants seems increasingly a t risk as measures designed to enhance secu rio - of borders, of people, of institutions, and 0/ national identitY - encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the intertaational protection regimes, tvitb a particular focus on the human rights of those displaced The book begins by assessing the impact of anti-terrorism laws on refugee status, both a t the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms a n d extraterritorial processing on asylum seekers' access to territory and entitlements (both procedural a n d substantive). I t considers the particular needJ and r � ql)ts of children as forced migrants, but also as children; the role of buman rights latv in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makerr in assessing the credibility of evidence; and the scope_lbr an international judicial commission to provide consistent interpretatiie guidance on refùgee law, so as to overcome (or a t least diminish) the currently diverse and sometimes conflicting approaches 0 / national courts. T he last p a r t of the book examines the status of people ivho benefit from 'complementary protection' - such as those tvho cannot be removed from a country because th � y jàce a risk of torture or cruel, inhuman or d � gradin,g treatment or punishment - and the scopefor the broader concept of the 'responsibilitY to protect' to address gaps in the international protection regime. J a n e M c A d a m (ed.), Hart Publishing, 2008, ISBN 978-18-41-13770-4, 316 pages. C O U N T E R T E R R O R I S M D e m o c r a c y ' s CHALLENGF Terrorist violence is no novelty in humun history anrl, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and hotv a State should use emergency y powers that limit individual freedoms is nearly as old as the history of political tl)ot(ght. After reviewing some history of .State responses to terrorist violence a n d their t h i s book sets out to assess the effects of contemporary counterterrorism law and policies on democratic States. I n particular, it considers the interaction between national a n d international law in shaping and implementing anti-terror measures, and d the difficult role of the judiciary in striking a balance behveen security concerns and fundamental rights. I t also examines the strains this has caused on some democracies, especially a bltrrring in the separation of powers between the legislative, executive and jurlicial branches ofgovernment, giving reason to enquire qfresl) whether new purarligms are needed Finally, the issue of whether the doctrine of constitutionalism can

Journal

Tilburg Law ReviewBrill

Published: Jan 1, 2007

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