Refugee Protection and Solidarity looks to define the duties that EU member states have towards each other in the field of refugee protection, employing analytical tools of normative political theory to bring moral clarity to a highly divisive debate on both principles and political feasibility. There is a discrepancy between the commitment to solidarity enshrined in EU law and the reality of asylum provision in the EU. The events related to the EU 'migration crisis' of 2015/16 have exposed this discrepancy and questioned the nascent notion of EU solidarity at its core. The book argues that the debate on distributive justice in the EU fails to consider refugee protection as a field in which distributive duties apply in ways similar to other domains such as social policy, as well as exploring what justifications states invoke to justify non-compliance with their duties. Eleonora Milazzo contends that, as currently framed, the debate on the ethics of refugee protection fails to account for the nature and effect of associational ties among states in relation to asylum provision, which is important for the assessment of responsibility shirking.

Refugees and their protection have started to be a part of daily conversation in recent years. New flows from Africa to Europe, new crisis in Asia and in the Americas, and record numbers since the Second World War, for instance, have paved the way for news reports in the media, political discourses on the topic and debates on how to actually protect these persons. In a world scenario of increasingly (i) closed borders, (ii) association of migration to security issues, (iii) lack of political will to ascertain human rights and (iv) disregard for migration as a right in se, the challenges on and for refugees’ protection have been progressing; as have the need for international protection of persons fleeing well-founded fear of persecution due to their race, religion, nationality, political opinion or membership to a social group, i.e. refugees. Regional approaches and national practices gain relevance, especially if they can be seen as good practices, even if not without flaws. “What are the main challenges and opportunities regarding Refugee Protection in Latin America and in Brazil? The book offers a very convincing response. The essays by Liliana Jubilut reflect rigorous academic research and years of practical experience on supporting asylum seekers and refugees. The author is certainly one of the most influential scholars in Brazil working in the Forced Migration field, and the essays provide a comprehensive view of Refugee Protection in Brazil and Latin America”. – Gabriel Gualano de Godoy, PhD, UNHCR Chief of Mission in the Dominican Republic and former Head of UNHCR Protection Unit in Brazil. “This book shed clear lights on the development of refugee protection in Latin America for the years to come. Liliana Jubilut is already a leading scholar on refugee protection in Latin America and her articles reflect a long myriad of issues related to refugee protection, since status determination, resettlement, local integration and the remarkable humanitarian visas for the Syrian refugees. She shows the developments and setbacks and recover the most important developments since the Cartagena Declaration with a sharp eye and historical perspective. This book will soon become an essential bibliography for anyone trying to understand the particular and innovative refugee protection initiatives in this troubled but generous region”. – Wellington Pereira Carneiro, PhD, UNHCR Senior Official (having worked in Brazil and Colombia for UNHCR and in Panama prior to joining the UN)

Looking at refugee protection in Latin America, this landmark edited collection assesses what the region has achieved in recent years. It analyses Latin America’s main documents in refugee protection, evaluates the particular aspects of different regimes, and reviews their emergence, development and effect, to develop understanding of refugee protection in the region. Drawing from multidisciplinary texts from both leading academics and practitioners, this comprehensive, innovative and highly topical book adopts an analytical framework to understand and improve Latin America’s protection of refugees.

In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.

This book analyses the concept and conditions of transnational solidarity, the challenges and the opportunities, from an interdisciplinary global perspective.

This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous. The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction. As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States’ action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation. This book, the second volume to appear in the Global Europe Series, will appeal to international and EU law researchers and policy-makers alike with an interest in the nature and function of the principle of solidarity in international and EU law. Eva Kassoti is Senior researcher in EU and International Law at the T.M.C. Asser Institute in The Hague, The Netherlands and the Academic Co-ordinator of CLEER. Narin Idriz is Researcher in EU Law at the T.M.C. Asser Institute in The Hague, The Netherlands.

This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.

This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.

This collection focuses on regional approaches to refugee protection, and specifically upon the norms, and the norm entrepreneurs of those approaches. It considers how recent crises in refugee protection (such as the Syrian and Andaman Sea crises) have highlighted the strengths and limits of regional approaches to refugee protection and the importance of looking closely at the underlying norms, and the identities and activities of the relevant ‘norm entrepreneurs’ at the regional level. It compares the norms of refugee protection that have evolved in three regions: the EU, Latin America and the South East Asian region, to identify which norms of refugee protection have been ‘internalised’ in the three regional contexts and to contextualise the processes. The authors demonstrate the need for awareness of the roles of different norm ‘entrepreneurs’ such as states, international organisations and civil society, in developing and promoting basic norms on refugee protection. This book was originally published as a special issue of The International Journal of Human Rights.

Focusing on the 1951 UN Convention on the Status of Refugees, this book in intended as an introduction to international refugee law. After a comprehensive introduction, the reader is divided into eight chapters. Each chapter begins with a short introduction which identifies the key issues and themes it deals with and the particular readings which address them, as also draws attention to the on-going debates in a bid to encourage critical thinking.