The International Refugee Law Book Series is published by Martinus Nijhoff under the auspices of the Refugee Law Initiative. It provides a platform for outstanding new studies of the intersecting legal regimes for the protection of refugees and displaced persons. Monographs and edited volumes in the series aim to advance scholarly and practitioner insight into how ‘refugee law’ is evolving globally, focusing particularly on its interaction with other bodies of international law and manifestation in regions outside Europe.

For questions regarding the book series, or to submit a manuscript or proposal for consideration, please contact the Editor-in-Chief at david.cantor@sas.ac.uk.

Editor-in-Chief: Dr David James Cantor

Editorial Board: Professor Deborah Anker, Professor Bhupinder Chimni , Professor Geoff Gilbert, Professor Guy-Goodwin-Gill, Professor Liliana Jubilut, Professor Hélène Lambert, Professor Bonaventure Rutinwa, Dr Volker Türk, Professor Susan Kneebone


'Boat Refugees' and Migrants at Sea: A Comprehensive Approach

Edited by Violeta Moreno-Lax and Efthymios Papastavridis

This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.

Seeking Asylum in the European Union

Edited by Céline Bauloz, Meltem Ineli-Ciger, Sarah Singer and Vladislava Stoyanova

Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States.

Exploring the Boundaries of Refugee Law

Edited by Jean-Pierre Gauci, Mariagiulia Giuffré and Evangelia (Lilian) Tsourdi

Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the ‘boundaries’ of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as ‘legal frontiers’ whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.

Refuge from Inhumanity? War Refugees and
International Humanitarian Law

Edited by David James Cantor and Jean-François Durieux

This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.

Protecting Civilians in Refugee Camps

Unable and Unwilling States, UNHCR and International Responsibility
Maja Janmyr

Rather than serving as civilian and humanitarian safe havens, refugee camps are notorious for their insecurity. Due to the host state’s inability or unwillingness to provide protection, camps are often administered by the United Nations High Commissioner for Refugees (UNHCR) and its implementing partners. When a violation occurs in these situations, to which actors shall responsibility be allocated? Through an analysis of the International Law Commission’s work on international responsibility, Maja Janmyr argues that the ‘primary’ responsibility of states does not exclude the responsibilities of other actors. Using the example of Uganda, Janmyr questions the general assumption that ‘unable and unwilling’ is the same as ‘unable or unwilling’, and argues for the necessity of distinguishing between these two scenarios. Doing so leads to different conclusions in terms of responsibility for the state, and therefore for UNHCR and its implementing partners.