bluuebunny/crossref_metadata_2025 huggingface dataset:
Technological Neutrality and Regulation of Digital Trade: How Far Can We Go?
Authors: Shadikhodjaev Sherzod
Published: June 2021

In this age of rapid digital transformations, the principle of technological neutrality can help the international economic community adapt dated rules to changing realities. While the acceptance of this principle would respond to the difficulty of timely norm making and norm updating in international relations, it could also cause legal uncertainty in the case of unforeseen technological developments in the future. Therefore, not every country today is willing to unconditionally acknowledge the applicability of ‘old’ rules for any emerging trading patterns enabled by, or based on, digital and other technological innovations. The World Trade Organization, the United Nations Commission on International Trade Law and several regional trade agreements have addressed technological neutrality in the context of electronic commerce and digital trade. This article examines this issue, focusing on such areas of trade regulation as services, intellectual property and paperless trading, and concludes that the principle of technological neutrality should be given universal recognition, supplemented by policy flexibilities where necessary.
Better data, higher impact: improving agricultural data systems for societal change
Authors: Carletto Calogero
Published: June 2021

The agricultural sector is undergoing a period of rapid transformation, driven by the powerful and interconnected impacts of climate change, demographic transitions and uneven economic growth around the world. For governments and the international community to navigate this period of upheaval to protect vulnerable populations and ensure positive societal change will require a similar degree of transformation within agricultural data systems. While technological innovation has resulted in substantive improvements in the availability, timeliness and overall quality of agricultural data, many technical and institutional challenges remain. This paper reviews recent developments in the agricultural data landscape, highlights existing constraints to further progress and argues for agricultural economists to take responsibility for building agricultural data systems equipped to respond to the diverse needs of a changing world.
Impact of the COVID-19 pandemic on in-hospital mortality in cardiovascular disease: a meta-analysis
Authors: Cannata Antonio , Watson Samuel A , Daniel Allen , Giacca Mauro , Shah Ajay M , McDonagh Theresa A , Scott Paul A , Bromage Daniel I
Published: June 2021

Aims 

The COVID-19 pandemic has resulted in excess mortality due to both COVID-19 directly and other conditions, including cardiovascular (CV) disease. We aimed to explore the excess in-hospital mortality, unrelated to COVID-19 infection, across a range of CV diseases.

Methods and results 

A systematic search was performed for studies investigating in-hospital mortality among patients admitted with CV disease without SARS-CoV-2 infection compared with a period outside the COVID-19 pandemic. Fifteen studies on 27 421 patients with CV disease were included in the analysis. The average in-hospital mortality rate was 10.4% (n = 974) in the COVID-19 group and 5.7% (n = 1026) in the comparator group. Compared with periods outside the COVID-19 pandemic, the pooled risk ratio (RR) demonstrated increased in-hospital mortality by 62% during COVID-19 [95% confidence interval (CI) 1.20–2.20, P = 0.002]. Studies with a decline in admission rate >50% during the COVID-19 pandemic observed the greatest increase in mortality compared with those with <50% reduction [RR 2.74 (95% CI 2.43–3.10) vs. 1.21 (95% CI 1.07–1.37), P < 0.001]. The observed increased mortality was consistent across different CV conditions (P = 0.74 for interaction).

Conclusions 

In-hospital mortality among patients admitted with CV diseases was increased relative to periods outside the pandemic, independent of co-infection with COVID-19. This effect was larger in studies with the biggest decline in admission rates, suggesting a sicker cohort of patients in this period. However, studies were generally poorly conducted, and there is a need for further well-designed studies to establish the full extent of mortality not directly related to COVID-19 infection.
Paleomagnetism from multi-orogenic terranes is “not a simple game”: Pyrenees' Paleozoic warning
Authors: Pastor-Galán Daniel , Groenhof Oscar , Pueyo Emilio L , Izquierdo-Llavall Esther , Dinarès-Turell Jaume , Dekkers Mark J
Published: June 2021

Paleomagnetism is a versatile tool in the Earth sciences: it provides critical input to geological time scales and plate tectonic reconstructions. Despite its undeniable perks, paleomagnetism is not without complications. Remagnetizations overprinting the original magnetic signature of rocks are frequent, especially in orogens which tend to be the areas with better rock exposure. Unraveling the magnetic history of the rocks is a complicated task, especially in areas that underwent several orogenic pulses. In turn, constraining the timing of remagnetization represents an opportunity to solve post-magnetization structural and tectonic kinematics. Here, we evaluate the magnetization history of Silurian-Devonian carbonates from the Axial Zone of the Pyrenees. The Pyrenees are a multi-orogenic mountain belt where Silurian-Devonian rocks have seen the Variscan collision (late Paleozoic), the opening of the Atlantic/Bay of Biscay (early Cretaceous) and the Alpine orogeny (late Cretaceous to Miocene). Our results show widespread remagnetization(s) carried by magnetite and pyrrhotite in the Silurian-Devonian series of the Pyrenees. The majority of the samples show a post-folding but pre-alpine tilting magnetization. Considering the equatorial inclinations found in such samples, we suggest that they likely acquired their magnetization during the late Carboniferous and early Permian times. Two of the studied sites (located at the western Axial Zone) were subsequently remagnetized at the end of the Alpine orogeny. The paleomagnetic results constrained that the Variscan orogeny was responsible for the main folding event affecting Paleozoic rocks in the Axial Zone, whereas the Alpine orogeny produced the large-scale thrusting and antiformal stacking of these units. In addition, we observed a general clockwise rotational pattern which could be related with the formation of the Cantabrian Orocline and/or rotations associated with the Alpine orogeny. The Silurian-Devonian carbonates are thus useful to understand the tectonic evolution of the Pyrenean mountain range after a systematic combination of paleomagnetism with structural and petrological observations. In contrast, the secondary character of magnetization and complications associated with the Variscan tectonics indicate that a reassessment of Siluro-Devonian poles from the Variscan elsewhere in Europe might be appropriate.
Grandmothers’ care practices in areas of high deprivation of Scotland: the potential for health promotion
Authors: Chambers Stephanie A , Dobbie Fiona , Radley Andrew , Rowa-Dewar Neneh
Published: June 2021

In many families grandparents play an essential role by providing secondary care for grandchildren. The family is a key setting for promoting children’s health; however, studies describing health initiatives with grandparents are rare. Grandparents could play an important role in promoting health for their grandchildren within their families and communities. The aim of this study was to examine the care practices of grandparents in families living in areas of high deprivation, and to consider the extent to which grandparents could be at the centre of health-promoting initiatives for children. A family practices approach was used to examine care practices within the framework of family resource (assets/capitals) use. In-depth interviews were carried out with grandmothers (n = 15) and mothers (n = 15) living in areas of high deprivation in Scotland. The results are presented as three economies of family living—political, moral and emotional. Grandparent care was described as a form of social capital, central to the wellbeing of the families, and enabled parents to access education and employment. Grandparent care was supported through families’ ability to access cultural amenities and green space (political). Grandparents’ care practices were described as either being responsible or fun (moral). Love appeared to be at the centre of grandparents’ care (emotional). The strengths and weaknesses of this framework were examined in relation to developing initiatives with grandparents. With further development work, grandparents could be the focus of health initiatives with their grandchildren with the support of appropriate policies and resources within their communities.
ZNF224 is a mediator of TGF-β pro-oncogenic function in melanoma
Authors: Cesaro Elena , Pastore Arianna , Polverino Alessia , Manna Lorenzo , Divisato Giuseppina , Quintavalle Cristina , Sanzo Maddalena Di , Faniello Maria Concetta , Grosso Michela , Costanzo Paola
Published: June 2021

The zinc finger protein ZNF224 plays a dual role in cancer, operating as both tumour suppressor and oncogenic factor depending on cellular and molecular partners.

In this research we investigated the role of ZNF224 in melanoma, a highly invasive and metastatic cancer, and provided evidence for the involvement of ZNF224 in the TGF-β signalling as a mediator of the TGF-β pro-oncogenic function.

Our results showed that ZNF224, whose expression increased in melanoma cell lines after TGF-β stimulation, potentiated the activation induced by TGF-β on its target genes involved in epithelial–mesenchymal transition (EMT). Accordingly, overexpression of ZNF224 enhanced the tumourigenic properties of melanoma cells, promoting cell proliferation and invasiveness, whereas ZNF224 knockdown had the opposite effect. Moreover, ZNF224 positively modulates the expression of TGF-β itself and its type 1 and 2 receptors (TβR1 and TβR2), thus highlighting a possible mechanism by which ZNF224 could enhance the endogenous TGFβ/Smad signalling.

Our findings unveil a positive regulatory loop between TGF-β and ZNF224 to promote EMT, consequently increasing the tumour metastatic potential.
Comparing on-site and off-site survey data to investigate survey biases in recreational fisheries data
Authors: Lewin Wolf-Christian , Weltersbach Marc Simon , Haase Kevin , Riepe Carsten , Skov Christian , Gundelund Casper , Strehlow Harry V
Published: June 2021

Recreational fishing is increasingly included in fish stock assessments globally. Nonetheless, the extent and precision of recreational fisheries data are often limited. Common methods to collect those data are on-site and off-site surveys, both of which are prone to specific biases, whose magnitude is widely unknown. The present study compares data from an on-site access point intercept and a simultaneously conducted off-site diary survey, separately targeting charter boat, boat, and shore anglers in the German Baltic Sea recreational cod fishery to identify specific biases in the data sets. The analyses revealed indications of avidity and recall bias that might influence catch and release estimates. Catch rates and release rates differed substantially between the angling platforms. The catch and release rates of diarists and on-site anglers were in a similar range for every platform, and reasonably precise with standard errors between 0.1 and 0.4 fish per angler and day. Recreational fishing monitoring approaches should include complementary on-site surveys from time to time to control for biases whereby the angling platform should be taken into account. The low explanatory power of commonly collected socio-demographic variables indicated that variables capturing the heterogeneity of angler behaviour should additionally be included in future surveys.
Outside the Box: Working With Wildlife in Biocontainment
Authors: Falendysz Elizabeth A , Calhoun Dana M , Smith Carrie A , Sleeman Jonathan M
Published: June 2021

Research with captive wildlife in Animal Biosafety Level 2 (ABSL2) and 3 (ABSL3) facilities is becoming increasingly necessary as emerging and re-emerging diseases involving wildlife have increasing impacts on human, animal, and environmental health. Utilizing wildlife species in a research facility often requires outside the box thinking with specialized knowledge, practices, facilities, and equipment. The USGS National Wildlife Health Center (NWHC) houses an ABSL3 facility dedicated to understanding wildlife diseases and developing tools to mitigate their impacts on animal and human health. This review presents considerations for utilizing captive wildlife for infectious disease studies, including, husbandry, animal welfare, veterinary care, and biosafety. Examples are drawn from primary literature review and collective 40-year experience of the NWHC. Working with wildlife in ABSL2 and ABSL3 facilities differs from laboratory animals in that typical laboratory housing systems, husbandry practices, and biosafety practices are not designed for work with wildlife. This requires thoughtful adaptation of standard equipment and practices, invention of customized solutions and development of appropriate enrichment plans using the natural history of the species and the microbiological characteristics of introduced and native pathogens. Ultimately, this task requires critical risk assessment, understanding of the physical and psychological needs of diverse species, creativity, innovation, and flexibility. Finally, continual reassessment and improvement are imperative in this constantly changing specialty area of infectious disease and environmental hazard research.
Integrable Boundary Conditions for Quad Equations, Open Boundary Reductions, and Integrable Mappings
Authors: Caudrelier Vincent , van der Kamp Peter H , Zhang Cheng
Published: June 2021

In the context of integrable difference equations on quad-graphs, we introduce the method of open boundary reductions, as an alternative to the well-known periodic reductions, for constructing discrete integrable mappings and their invariants. The mappings are obtained from well-posed initial value problems for quad and boundary equations restricted to strips on ${{\mathbb{Z}}}^2$-lattices. The invariants are constructed using Sklyanin’s double-row monodromy matrix. To establish its properties, we use the discrete zero curvature condition and boundary zero curvature condition, showing how the latter derives from the boundary consistency condition. We focus on the Adler–Bobenko–Suris classification and associated integrable boundary equations. Examples are given for the H1 and Q1($\delta =0$) equations, leading to novel maps of the plane.
Novel insights into the pathogenesis of lung fibrosis: the RBM7–NEAT1–CXCL12–SatM axis at fibrosis onset
Authors: Fukushima Kiyoharu , Akira Shizuo
Published: June 2021

Fibrosis is a life-threatening disorder with significant morbidity and mortality and is caused by excessive formation of connective tissue that can affect several important organs. Fibrosis in organ tissues is caused by an abnormal wound-healing process from repeated injuries. In our recent study using a mouse model of bleomycin-induced lung fibrosis, we examined the role of RNA-binding motif protein 7 (RBM7) on the development of lung fibrosis. RBM7 is up-regulated in the injured lung epithelium and disturbs normal epithelial cell repair and regeneration by promoting apoptosis of damaged epithelial cells. RBM7 causes the decay of nuclear-enriched abundant transcript 1 (NEAT1), which results in apoptosis of lung epithelial cells. These apoptotic cells then produce C–X–C motif chemokine ligand 12 (CXCL12), which leads to the recruitment of a fibrosis-promoting monocyte population called segregated-nucleus-containing atypical monocytes (SatM) to the damaged area, followed by the initiation and promotion of lung fibrosis. Here, we review recent insights into the cross-talk between lung parenchymal cells and hematopoietic cells during the development of pulmonary fibrosis.
Validation of an electronic trigger to measure missed diagnosis of stroke in emergency departments
Authors: Vaghani Viralkumar , Wei Li , Mushtaq Umair , Sittig Dean F , Bradford Andrea , Singh Hardeep
Published: June 2021

Objective

Diagnostic errors are major contributors to preventable patient harm. We validated the use of an electronic health record (EHR)-based trigger (e-trigger) to measure missed opportunities in stroke diagnosis in emergency departments (EDs).

Methods

Using two frameworks, the Safer Dx Trigger Tools Framework and the Symptom-disease Pair Analysis of Diagnostic Error Framework, we applied a symptom–disease pair-based e-trigger to identify patients hospitalized for stroke who, in the preceding 30 days, were discharged from the ED with benign headache or dizziness diagnoses. The algorithm was applied to Veteran Affairs National Corporate Data Warehouse on patients seen between 1/1/2016 and 12/31/2017. Trained reviewers evaluated medical records for presence/absence of missed opportunities in stroke diagnosis and stroke-related red-flags, risk factors, neurological examination, and clinical interventions. Reviewers also estimated quality of clinical documentation at the index ED visit.

Results

We applied the e-trigger to 7,752,326 unique patients and identified 46,931 stroke-related admissions, of which 398 records were flagged as trigger-positive and reviewed. Of these, 124 had missed opportunities (positive predictive value for “missed” = 31.2%), 93 (23.4%) had no missed opportunity (non-missed), 162 (40.7%) were miscoded, and 19 (4.7%) were inconclusive. Reviewer agreement was high (87.3%, Cohen’s kappa = 0.81). Compared to the non-missed group, the missed group had more stroke risk factors (mean 3.2 vs 2.6), red flags (mean 0.5 vs 0.2), and a higher rate of inadequate documentation (66.9% vs 28.0%).

Conclusion

In a large national EHR repository, a symptom–disease pair-based e-trigger identified missed diagnoses of stroke with a modest positive predictive value, underscoring the need for chart review validation procedures to identify diagnostic errors in large data sets.
Description of a new genus and two new species of freshwater crabs (Decapoda: Brachyura: Potamonautidae) from southeastern Madagascar
Authors: Cumberlidge Neil , Soma Julia B , Leever Ellen M , Clark Paul F , Daniels Savel R
Published: June 2021

A new genus of freshwater crab, Crosnautesn. gen., and two species, C. ranomafanan. sp. and C. alainusn. sp., are described from forested highlands in southeastern Madagascar. The new genus can be distinguished on phylogenetic and morphological grounds. Crosnautesn. gen. has a suite of morphological characters that differentiate it from all other Malagasy genera: a carapace with a faint and interrupted postfrontal crest, short ambulatory legs, a mandibular palp with a conspicuous anterior lobe, a long third maxilliped exopod that extends across the width of the merus, and eyestalks and corneas of normal length and size. The two new species can be differentiated from each other by the size of the distal tooth on the cheliped carpus, the width of the first gonopod, and the length of the ambulatory legs. The new species are endemic to Madagascar and are compared to, and distinguished from, Foza raimundiReed & Cumberlidge, 2006, the sister taxon to the new genus, as well as to all of the other Madagascan genera of freshwater crabs.
Ligamentum teres reconstruction with labrum and capsule repair after posterior acetabular wall fracture: a case report
Authors: Mazek Jacek , Gnatowski Maciej , Salas Antonio Porthos , Domżalski Marcin , Wójcicki Rafał , Skowronek Jacek , Skowronek Paweł
Published: June 2021

The aim of this case study is to present arthroscopic treatment of recurrent hip instability after acute post-traumatic posterior hip dislocation with a fracture of the posterior acetabular wall. A male patient aged 35 suffered a dislocation of the right hip joint with a fracture of the posterior acetabular wall due to an accident. The fracture was stabilized during emergency surgery with a locking compression plate, and the patient was released home in a hip brace. Multiple dislocations of the hip joint followed with the implant being confirmed as stable. Decision was made to qualify the patient for a right hip arthroscopy. During the surgery, ligamentum teres was reconstructed using gracilis and semitendinous muscle grafts, followed by the labrum and joint capsule repair, where the surgery that stabilized the acetabular wall fracture had damaged them. There were no complications following the procedure. Short-term follow-up of 3 months demonstrates the patient has a stable hip, reduced pain and has returned to pre-injury activities.
Os acetabuli—a new arthroscopic treatment option for the acetabular rim fracture
Authors: Lund Bent
Published: June 2021

Os acetabuli (Os) or acetabular rimfractures are often seen in femoroacetabular impingement patients and can result in groin pain. When seen in symptomatic patients, the question is whether to remove them or to fixate the loose fragment to the acetabular rim. This depends on acetabular coverage and the extent of the Os. If removal of the Os might lead to hip dysplasia and instability, fixation of the Os should be the goal. This technical article describes the author's technique in fixating the Os with a suture-bridge technique.
Optimizing Medical-Legal Partnerships in Pediatric Psychology to Reduce Health Disparities
Authors: Kamody Rebecca C , Kamody Edward S , Rosenthal Alice , Olezeski Christy L
Published: June 2021

Objective

To provide a topical review of the literature on the use of medical-legal partnerships (MLPs) to address social determinants of health (SDH) needs as a means to reduce health disparities, and to make recommendations for the implementation of MLPs within pediatric psychologists’ clinical work, research, and training.

Methods

We conducted a topical review of the research on the intersection of MLPs, SDH needs, and health disparities among pediatric populations. Given the scarcity of literature available, both empirical and theoretical articles were included in the review.

Results

Though limited, the extant literature suggests that use of MLPs may help address the SDH needs that perpetuate disparities among pediatric populations. To date, MLPs are not as frequently incorporated in the training and work of pediatric psychologists as they may be in other related fields (e.g., medicine).

Conclusions

MLPs provide an opportunity for psychologists to broaden their interdisciplinary collaborations, to more aptly meet the social and legal needs of their patients to assist in reducing inequities among underserved pediatric populations. The systematic incorporation of MLPs into pediatric psychology training may help to increase the utilization of these services moving forward.
Pediatric Clostridioides difficile Infection: Diagnosis and Diagnostic Stewardship
Authors: Schwenk Hayden T , Pollock Nira R , Vaughan-Malloy Ana M
Published: June 2021

Although the pathogenesis of Clostridioides difficile infection (CDI) is complex and incompletely understood, it is believed that the elaboration of C. difficile toxins is necessary for disease. There are a variety of tests available for the detection of both the C. difficile organism and its toxins; however, each has limitations and the best application of these tests to the diagnosis of CDI in children remains uncertain. Nucleic acid amplification tests are unable to reliably discriminate between CDI and C. difficile colonization, while commercially available enzyme immunoassays for toxin detection lack sensitivity. An understanding of preanalytic factors, relevant patient features, and test performance characteristics is essential to the accurate diagnosis of CDI in children. Specific diagnostic stewardship strategies can also increase the likelihood that positive tests reflect disease rather than colonization. Ultimately, CDI remains a clinical diagnosis and clinical judgment is essential when interpreting test results, regardless of the methods used.
Bootstrap Estimation of the Conditional Bias for Measuring Influence in Complex Surveys
Authors: Beaumont Jean-François , Bocci Cynthia , St-Louis Michel
Published: June 2021

In sample surveys that collect information on skewed variables, it is often desirable to assess the influence of sample units on the sampling error of survey-weighted estimators of finite population parameters. The conditional bias is an attractive measure of influence that accounts for the sampling design and the estimation method. It is defined as the design expectation of the sampling error conditional on a given unit being selected in the sample. The estimation of the conditional bias is relatively straightforward for simple sampling designs and estimators. However, for complex designs or complex estimators, it may be tedious to derive an explicit expression for the conditional bias. In those complex surveys, variance estimation is often achieved through replication methods such as the bootstrap. Bootstrap methods of variance estimation are typically implemented by producing a set of bootstrap weights that is provided to users along with the survey data. In this article, we show how to use these bootstrap weights to obtain an estimator of the conditional bias. Our bootstrap estimator is evaluated in a simulation study and illustrated using data from the Canadian Survey of Household Spending.
Introducing International Refugee Law as a Scholarly Field
Authors: Costello Cathryn , Foster Michelle , McAdam Jane
Published: June 2021

This introductory chapter provides an overview of international refugee law. Since the adoption of the Refugee Convention, international refugee law has emerged as a dynamic and ever-challenging area of international law, particularly as its relationship to other branches of international law continues to be explored and understood. The chapter reflects on the emergence of international refugee law as a scholarly sub-discipline in the twentieth century, and its role within the wider area of refugee studies. It focuses on the important interface between scholarship and praxis in the sub-discipline’s development, as well as the field’s methodological strengths and weaknesses. Finally, it presents some observations about the future of international refugee law, identifying potential challenges and opportunities.
International Refugee Law in the Early Years
Authors: Goodwin-Gill Guy S.
Published: June 2021

This chapter traces the history of international refugee law, taking the creation of the League of Nations in 1920 as the point of departure. The early years of international refugee law achieved much in the way of internationalizing and institutionalizing the responsibilities of the community of nations in matters of common concern; they began with innate recognition of the basic principle of protection that no one should be sent back to conditions in which they would be at risk of harm. The early history ‘struggled’ thereafter with delimiting the scope and numbers of those who might or should benefit from international action, sometimes for self-interested reasons, or because of the costs, or for political reasons, or because of a felt need to discourage exile as a solution to national problems. Only in 1967 was a refugee definition finally agreed that could be generalized across time and space, and even then it remained limited to those with a well-founded fear of being persecuted for particular reasons. State practice and customary international law had already moved ahead, however, even if the normative framework of response remained patchy.
Queering International Refugee Law
Authors: Ferreira Nuno , Danisi Carmelo
Published: June 2021

This chapter investigates the links between asylum law and policy and sexual orientation and gender identity (SOGI). Although human rights have been increasingly recognized irrespective of one’s SOGI at international, regional, and domestic levels, legal frameworks do not yet tackle violations of such rights effectively. As a result, members of SOGI minorities may be forced to flee their countries of origin, often making SOGI-based asylum claims in host countries. Since the inception of the Refugee Convention, there has been a continuous battle for recognition of SOGI claims within a system that was not designed with SOGI minorities in mind. The chapter thus explores key aspects of SOGI asylum that ultimately question the heteronormative relations of power in asylum law and highlights how legal and policy frameworks may be reformed. It considers how refugee law has been progressively queered, looking at the range of legal and policy instruments that play a role in this queering process. Finally, the chapter identifies the key actors that have contributed to the development of SOGI refugee law and assesses the specific needs of SOGI asylum claimants and refugees.
Refugees as Migrants
Authors: Atak Idil , Crépeau François
Published: June 2021

This chapter details the long-standing debate on whether refugees should be portrayed as migrants. Several organizations, refugee advocates, and scholars argue for a clear line between ‘migrants’ and ‘refugees’, as a means of protecting the refugee regime. They point to the inherently distinct motivations driving refugee movements compared to other types of migration, as well as to the specific normative and institutional framework for refugee protection. The chapter argues that conceptualizing refugees as migrants does not undermine the specific normative and institutional framework for refugee protection. Rather, it further promotes refugees’ access to asylum and safety. The chapter then examines the literature on the refugee/migrant distinction, highlighting the increasingly overlapping and interconnected motivations and contexts driving forced migration. It looks at the mounting barriers refugees face to reach safety and explores the avenues to safeguarding and promoting access to asylum and refugee rights. The chapter also articulates the role that freedom of movement should play in protecting the rights of all migrants, including refugees.
Moving Towards an Integrated Approach of Refugee Law and Human Rights Law
Authors: Chetail Vincent
Published: June 2021

This chapter highlights the interface between human rights law and refugee law. The broader evolution of international law reflects the changing pattern of refugee protection as initially grounded in the Refugee Convention and subsequently informed by human rights treaties. As a result of a gradual process of pollination, human rights law has shaped, updated, and enlarged refugee law. While revamping the basic tenets of the Refugee Convention, it has become the normative frame of reference. Refugee law and human rights law are now so interdependent that they are bound to work in tandem. Their intermingling paves the way for a human rights-based approach to refugee protection. Instead of regarding the two branches of international law as silos, this new perspective offers a broader vision of refugee protection. This comprehensive design acknowledges that refugee law and human rights law complement and reinforce each other within one single continuum of protection.
Regional Refugee Regimes
Authors: Sharpe Marina
Published: June 2021

This chapter highlights the African approach to refugees, analysing the regional legal framework anchored by the Organization of African Unity (OAU) Convention. The regional legal regime for refugees includes treaty and institutional components. The treaty framework is comprised of the Refugee and OAU conventions and international and regional human rights law, including but not limited to the two covenants, the African Charter on Human and Peoples’ Rights and African instruments on the rights of women and children. The chapter then addresses regional organizations with relevant mandates: African Union (AU) bodies and judicial organs including the AU Commission, the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child. It also looks at the role of civil society, as well as contemporary refugee protection achievements and challenges. These include the implementation, in terms of both refugee status determination and rights, of the regional legal framework in national jurisdictions; the rise of displacement in the context of climate change and disasters; and the relationship between European Union policy responses to the so-called migration crisis and refugee protection in Africa.
Regional Refugee Regimes
Authors: Janmyr Maja , Stevens Dallal
Published: June 2021

This chapter focuses on the Middle East as a region, which is defined to include Arab States, Israel, and Turkey, but to exclude North African countries apart from Egypt. It explores the role of the Refugee Convention, UNHCR, influential NGOs, and international human rights law to protect asylum seekers and refugees in the region. The chapter opens with a brief outline of the Middle Eastern context, historical background in relation to international refugee law, and the significance of UNHCR and the UN Relief Works Agency in Arab States. It compares the approach of States that are parties to the Refugee Convention and those that are not, and considers the consequences of non-ratification as well as the use of domestic legislation to deal with asylum seekers and refugees. An important focus of the chapter is how—and whether—refugee protection is achieved across the region in light of States’ differing approaches to refugeehood, which arise from historical, political, and religious (Islamic) notions of hospitality and the treatment of foreigners, as well as the role of law.
Regional Refugee Regimes
Authors: Tsourdi Evangelia (Lilian)
Published: June 2021

This chapter examines refugee protection in Europe, defining Europe based on its two distinct legal regimes, the European Union (EU) and the Council of Europe (CoE). The EU and its Member States have developed a regional asylum framework, encompassing legislative, responsibility-allocation, and practical components. In parallel, EU border control, visa, and migration measures impact asylum by deflecting protection obligations to non-EU countries. The chapter then analyses the EU’s ambivalent asylum system before turning to the CoE, focusing on both the European Convention on Human Rights and soft law adopted in the CoE framework. EU asylum law has an expansive impact beyond the EU, including in neighbouring non-EU countries. To illustrate these expansive trends, the chapter looks at refugee protection in Turkey and Ukraine.
Regional Refugee Regimes
Authors: Azhigulova Khalida
Published: June 2021

This chapter reflects on refugee protection laws and practices in the political region of Central Asia, which includes five post-Soviet States. Four of them—Kazakhstan, Kyrgyzstan, Tajikistan, and Turkmenistan—are parties to the Refugee Convention and its Protocol and have been at the crossroads of massive refugee movements since the 1990s. The fifth State, Uzbekistan, is not a party to either instrument. The chapter undertakes a comparative analysis of local legislation, refugee status determination procedures, and jurisprudence in asylum cases between 2010 and 2017, and draws on findings from fieldwork in Central Asian States in 2016–17. It advances two main arguments. The first argument is that refugee protection in the region is highly politicized and aligned with the self-interests of the States. The second argument is that, despite the lack of full compliance with refugee law in the region, over the past two decades, the ratification of the Refugee Convention and international pressure in landmark refugee cases and other efforts has led to noticeable improvements in refugee protection, and a reduction in refoulement in three States which care about their political image internationally (Kazakhstan, Kyrgyzstan, and Tajikistan).
Regional Refugee Regimes
Authors: Ramasubramanyam Jay
Published: June 2021

This chapter examines some of the ongoing challenges in the South Asian region and demonstrates the lacunae that persist with respect to conceptualizing displacement there. It explores protection mechanisms that have been established in the region as ad hoc alternatives to hegemonic protection norms, given the lack of a formal institutional approach there. The chapter provides some insights into whether a consistent and comprehensive regional approach to refugee protection can be identified based on past practices. As will be evident throughout, a South Asian regime for refugee protection can be conceived largely through individual State practice and through bilateral agreements. In fact, the South Asian Association for Regional Cooperation has construed refugee movement as a matter of bilateral or trilateral relations, and has regarded international agreements as constricting States’ freedom of action. The chapter then considers refugee movements in the region, discussing the ‘Eurocentrism’ of the global refugee regime that led to the establishment of a de facto framework of subcontinental defiance. It assesses UNHCR’s operational presence in South Asia and its impact on refugee protection. Finally, the chapter examines how national constitutional provisions have been interpreted in a way that provides some protection to refugees.
Regional Refugee Regimes
Authors: Foster Michelle , Hood Anna
Published: June 2021

This chapter discusses three of the most prominent approaches to refugee law and displacement issues in Oceania and analyses what they might reveal about the field of refugee law and the region of Oceania. The chapter looks first at the extent to which actors in the region have engaged with international refugee law. While adherence to international refugee law treaties is relatively low, it is not non-existent. The chapter then considers the approach to refugee law of the traditional regional hegemon: Australia. For decades, Australia has worked to encourage its regional neighbours to adopt policies that complement its own approach to refugee matters. Although Australia has had some success in obtaining support for its refugee policies from Pacific Island States, there have also been pockets of strong resistance. Finally, the chapter assesses some of the approaches to displacement adopted by Pacific Island States.
Smuggling of Migrants and Refugees
Authors: Schloenhardt Andreas
Published: June 2021

This chapter focuses on the smuggling of migrants in the context of refugee movements, and examines the scope and application of international law pertaining to these phenomena. The principal binding global instrument on this topic is the United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air which, on the surface, coexists alongside international refugee law in situations where smuggled migrants are seeking asylum. Although the Smuggling of Migrants Protocol expressly recognizes the protection afforded to refugees under international law, its interpretation, operation, and implementation often run into conflict with the Refugee Convention. All too frequently, measures to prevent and combat the smuggling of migrants focus exclusively on law enforcement, criminal justice, and restrictive border measures without recognizing the rights of refugees, asylum seekers, and smuggled migrants, which are the subject of this chapter.
Complementary Protection
Authors: McAdam Jane
Published: June 2021

Beyond the Convention refugee, there are other forced migrants deserving of protection. This chapter considers the scope and content of ‘complementary protection’ in international law, and its application in a number of domestic jurisdictions. As the principle of non-refoulement has developed in human rights law to preclude removal to a real risk of serious harm, it has given rise to the concept of complementary protection. This describes protection granted on the basis of an international protection need arising outside the Refugee Convention, accompanied by a status in domestic law. At a minimum, complementary protection precludes the removal of individuals who face a real risk of being arbitrarily deprived of life, or being subjected to the death penalty, torture or cruel, inhuman, or degrading treatment or punishment, although the list of rights giving rise to complementary protection is not closed. By its very nature, it is complementary to refugee protection, which means it should only be considered following a comprehensive evaluation of a person’s claim against the Refugee Convention definition and a finding that the applicant is not a refugee.
Temporary Protection and Temporary Refuge
Authors: Durieux Jean-François
Published: June 2021

Unlike ‘complementary protection’, the concepts of ‘temporary refuge’ and ‘temporary protection’ represent challenges to the Refugee Convention, exposing a real or perceived flaw in the way the Convention articulates immediate protection with longer-term solutions. This flaw tends to come to light mainly within the context of large-scale influxes of refugees, situations in which another ‘broken link’ all too often surfaces, namely between the principle of non-refoulement and the principle of international solidarity. Despite significant differences dictated by the time at which, and the space within which, they appeared in the law and practice of States, temporary refuge and temporary protection regimes share the ambition of regulating the continuum from admission and immediate relief to international (or regional) mobilization towards durable solutions. While temporary refuge was first conceptualized in the Asia-Pacific region, temporary protection reached a higher degree of formalization on the European continent, to the point of becoming a term of art in European Union law. It was originally conceived as a return-oriented protection mechanism, largely outside the Refugee Convention regime, before being recognized as a procedure of exceptional character and a prelude to the full operation of Convention standards. Regrettably, the only binding instrument covering all aspects of temporary protection—a 2001 EU directive—has never been implemented and may soon be repealed. While scholarly and policy debates over temporary refuge and/or temporary protection have creatively explored the outer limits of international refugee law, they have thus far failed to dispel ambiguities regarding the scope of ‘regimes of exception’ in refugee law and their relationship to the Refugee Convention-based regime. The time may have come to unpack the varied issues which temporary refuge and temporary protection have come to represent, in order to address them within known legal frameworks.
Exclusion
Authors: Gilbert Geoff , Bentajou Anna Magdalena
Published: June 2021

This chapter examines the exclusion provisions in article 1F of the Refugee Convention, which can only be properly understood when analysed in the context of international criminal law and the international law of armed conflict. Article 1F provides that the Convention shall not apply to persons with respect to whom there are serious reasons for considering that they have committed (a) war crimes, crimes against humanity, crimes against peace, (b) serious non-political crimes, or those who (c) are guilty of acts contrary to the purposes and principles of the UN Charter. The chapter then explores how article 1F was initially understood, before considering its application in practice and the increasing intermingling of certain ideas: exclusion as pre-status and retroactive; the difficulties of conceiving of refugee status without the guarantee of non-refoulement; the overlap of the different phrases used in the Refugee Convention when dealing with crimes and the security of the country of asylum; and how crimes that are not particularly serious might yet indicate a danger to the security of the hosting State or be contrary to the purposes and principles of the United Nations, a threat to national security, or even simply a public order concern. In addition, standards of proof, sequencing, regional mechanisms, and complementary human rights protection regimes add layers of complexity to the analysis.
Refugee Children
Authors: Pobjoy Jason
Published: June 2021

This chapter focuses on refugee children. International law affords all refugee children special protection, under both the Refugee Convention and, of particular significance, the Convention on the Rights of the Child (CRC). The CRC recognizes children as independent rights-bearers, entitled to a comprehensive set of civil, political, social, economic, and cultural rights that are designed to cater for their specific needs. The rights set out under the CRC apply to all children, wherever they find themselves, without discrimination. Evidently there is a significant protection gap. This chapter traces the development of international law relating to refugees and to children, before addressing six key issues: first, the notion of childhood and the difficulties in proving age; secondly, the application of the refugee definition to children; thirdly, the extent to which the CRC is capable of affording independent and more appropriate forms of protection status for children; fourthly, a refugee child's entitlement to appropriate protection and humanitarian assistance (article 22 of the CRC); fifthly, the availability of durable solutions; and finally, family reunification.
Sexual Orientation and Gender Identity in Refugee Claims
Authors: Millbank Jenni
Published: June 2021

This chapter explores two key themes in modern refugee jurisprudence concerning sexual orientation and gender identity (SOGI) claims over the past 35 years. First, there is a persistent, indeed widening, gap between the formal acceptance of SOGI claims in refugee law—broadly taken to include authoritative international guidance, interpretative norms, and binding domestic precedent—and the implementation of such law through the low-level administrative practice that comprises the vast bulk of refugee status determination (RSD). Secondly, although SOGI claims are often considered as marginal or exceptional cases, they should be seen as a key axis from which to understand major developments and failings of refugee law across the board. The chapter then suggests that SOGI claims are a paradigm example of the ontological challenges at the heart of RSD. These include the enduring challenges posed by fact-finding and evidentiary practices such as future-focused risk analysis, credibility assessment, and the interpretation of claims across culture.
Stateless Refugees
Authors: Lambert Hélène
Published: June 2021

This chapter focuses on stateless refugees. The 1954 Convention relating to the Status of Stateless Persons (Stateless Convention) and the 1961 Convention on the Reduction of Statelessness together form the foundation of the international legal framework on statelessness and the protection of stateless persons. As the refugee definition in article 1A(2) of the Refugee Convention makes clear, it has always been assumed that having or not having a nationality is not a determinant element for being recognized as a refugee; in fact UNHCR datasets record stateless refugees as refugees. At the same time, considerations of nationality or lack thereof can have a strong bearing on the assessment of key elements of the refugee definition. For instance, claims for protection from individuals whose nationality was denied or withdrawn or whose nationality is ineffective may be relevant facts in the assessment of persecution or well-founded fear. The chapter therefore considers the extent to which the Refugee Convention protects stateless persons as refugees, scrutinizing all parts of the definition in article 1A(2).