bluuebunny/crossref_metadata_2025_split huggingface dataset:
Asylum Procedure
Authors: Botero Álvaro , Vedsted-Hansen Jens 
Published: June 2021

Abstract
This chapter addresses the standards on asylum procedures that apply within various regulatory contexts. Its normative focus includes not only the standards for determination of refugee status under the Refugee Convention and Protocol, but also those concerning the examination of applications for complementary or subsidiary forms of protection. Nonetheless, the legal interaction between asylum procedures and Convention refugee status will be the starting point. As the Refugee Convention is scant on procedural standards, the chapter discusses the soft law standards that partly fill the normative gap. It also examines procedural standards concerning subsidiary or complementary protection that have been developed on the basis of human rights norms prohibiting refoulement beyond the scope of the Refugee Convention. Human rights treaties generally include the right to effective remedies at national level and are therefore relevant for the administrative or/and judicial procedures that apply when States parties to such treaties examine asylum applications. Although directly linked to the protection against refoulement under human rights treaties, the requirement of effective remedies has indirect effect also for procedures concerning the determination of Convention refugee status.
The International and Regional Refugee Definitions Compared
Authors: Wood Tamara 
Published: June 2021

Abstract
The universal refugee definition in Article 1A(2) of the Refugee Convention provides the cornerstone of the international refugee protection regime. However, it is far from the final word. At the regional level, states in Africa and Latin America have supplemented the universal refugee definition with their own, expanded criteria for refugee status. The regional refugee definitions – Article I(2) of the OAU Refugee Convention and paragraph III(3) of the Cartagena Declaration – extend refugee protection beyond those with a well-founded fear of being persecuted to people fleeing a range of other, more widespread situations and harms, including generalised violence, massive human rights violations and serious disturbances to public order. This chapter provides a closer look at the universal and regional refugee definitions, exploring the scope and application of their respective terms, and comparing and contrasting their criteria for refugee status.
UNRWA and Palestine Refugees
Authors: Akram Susan M. 
Published: June 2021

Abstract
This chapter studies the relationship between Palestinian refugees and the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). UNRWA’s role is to provide humanitarian ‘relief’ and to provide economic opportunities—‘works’—for refugees in the areas of major displacement: the West Bank, Gaza, Syria, Jordan, and Lebanon. Initially, the definition of Palestine refugee for UNRWA’s purposes was a sub-category of the United Nations Conciliation Commission on Palestine definition for purposes of relief provision, but it also included other categories of persons displaced from later conflicts. Following the passage of the Convention on the Reduction of Statelessness, the General Assembly authorized UNHCR to include stateless persons within its mandate. The Arab host States do not recognize Palestinians as falling under the international legal definitions of ‘refugees’ or ‘stateless persons’, however, and have refused to accept any UNHCR involvement vis-à-vis Palestinians in the UNRWA areas. The effect of these provisions is that Palestinians are excluded from UNHCR’s protection mandate in UNRWA areas, and since UNRWA has no durable solutions mandate, Palestinians have no access to durable solutions either as refugees or as stateless persons in UNRWA fields.
Women in Refugee Jurisprudence
Authors: Dauvergne Catherine 
Published: June 2021

Abstract
This chapter investigates the state of refugee law jurisprudence about women. It begins by surveying recent scholarship in this area, highlighting two points: first, that the production of scholarship about women as refugee claimants has slowed; and secondly, that the issues being researched and written about are generally the same as those on offer since the 1990s. Stagnated progress is not to say that decisions about women have not become central to refugee law jurisprudence. Women have indeed moved from the margins to the centre of refugee law. The chapter then analyses elements of the refugee definition in turn, considering how each applies to women. These elements include well-founded fear, being persecuted, reasons for being persecuted, nexus, and exclusion. This structure is a useful rubric for summarizing trends, and isideal for demonstrating that because every element of the refugee definition must be satisfied in order for a claim to be successful, there is a significant tendency for problems to slip from one definitional element to another as the jurisprudence advances. In other words, once it becomes settled law that women can fit in the category of membership in a particular social group, a series of contestations then emerge in another area such as nexus or State protection. This tendency for slippage has driven forward much jurisprudential growth.
Protecting Refugees with Disabilities
Authors: Crock Mary 
Published: June 2021

Abstract
This chapter evaluates the law and policy concerning persons with disabilities displaced as refugees, beginning with a broad survey of international legal and policy frameworks. It is accepted as axiomatic that events producing refugees are a major cause of death and disability in vulnerable human populations. Counterintuitively, however, statistical data collected by both national and United Nations agencies, including UNHCR, has traditionally identified only very small numbers of refugees as having disabilities. The supposition seems to have been that persons with disabilities are not able to travel and that these individuals are most likely to be left behind to perish or otherwise suffer the slings and arrows of fate and misfortune. Research in more recent times has revealed such assumptions about the mobility of refugees with disabilities to be patently false. The chapter then looks at the intersections between refugee law and human rights laws, examining how key elements of the definition of refugee should apply to persons with disabilities. It also addresses the procedural implications of requirements that ‘reasonable accommodations’ be made in status determinations and treatment of refugees with disabilities. Finally, the chapter comments on durable solutions for refugees with disabilities and the future impact of the UN Convention on the Rights of Persons with Disabilities on international refugee law and policy.
Conflict Refugees
Authors: Wouters Cornelis (Kees) 
Published: June 2021

Abstract
Armed conflicts have always been and still are major causes of refugee movements. They invariably cause human suffering, destroying State and societal structure and affecting the lives of civilian populations. While it is difficult to contest that people should not be returned to conflict, different thinking and practices are discernable in relation to the applicable legal framework for providing refugee protection to people displaced across borders by conflict. These discrepancies arise in part from the way in which conflicts are understood; the way in which the definition of a refugee in the Refugee Convention has been interpreted and applied; and in part from limitations in the definition itself. Recognizing ‘conflict refugees’ as refugees within the international legal framework requires an understanding of the dynamics of conflicts and a dynamic interpretation of the refugee definitions at global and regional levels.
National Constitutions and the Right to Asylum
Authors: Meili Stephen 
Published: June 2021

Abstract
This chapter studies the constitutional right to asylum, which until recently was a rather neglected backwater of international refugee law. This is due to a variety of factors, including the Refugee Convention’s domination of the refugee law regime, the weakness of the judiciary in many of the countries whose constitutions contain a right to asylum, and the non-humanitarian motivations for inclusion of that right in many constitutions. More recently, however, a combination of factors has breathed new life into the constitutional right to asylum in some countries. These factors include the limitations of the Refugee Convention, the rise in nationalism and anti-globalization, and the growing influence of refugee lawyers who are utilizing the constitutional right to asylum in domestic courts, particularly in Latin America. The chapter then traces the evolution of the constitutional right to asylum and considers how it has manifested itself in different countries and regions of the world over time. It also looks at recent strategic litigation in Latin America that has successfully utilized the constitutional right to asylum and may provide a blueprint for the effective use of such provisions in other countries.
The Right to Education
Authors: Dryden-Peterson Sarah , Mariën Hania 
Published: June 2021

Abstract
This chapter examines the right to education of refugees. International human rights instruments, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Refugee Convention, provide a framework for the right to education for refugees. As a social right, and as reflected in the ICESCR, the right to education is to be progressively realized and requires positive action and allocation of funding. Like all human rights, it is dependent on action by government, the availability of public resources, and enforcement mechanisms. The devolution of responsibility for the education of refugees to States through recent policy further entrenches the role of the State in respecting, protecting, and fulfilling refugees’ right to education. The chapter then explores the intersection of global and national frameworks for the right to education for refugees and its realization in the form of access to schools. Despite the widely embraced global articulation of the right to education for all refugee children, the realization of the right to education is highly variable, being largely dependent upon their State of asylum.
The Right to Family Reunification
Authors: Nicholson Frances 
Published: June 2021

Abstract
This chapter investigates the right to family reunification. Refugees fleeing persecution and armed conflict often become separated from their families or have to leave family members behind. Border guards, armed groups, smugglers, or simply force of circumstance may separate refugee families in the chaos of flight. For refugees and other beneficiaries of international protection, family reunification in the country of asylum is generally the only way to ensure respect for their right to family life and family unity. The chapter examines the extent of the rights to family life and family unity under human rights law both globally and regionally, with the right to family reunification itself also receiving widespread recognition. In practice, however, in order to realize these rights, refugee families must surmount numerous legal and practical obstacles that can render reunification a tortuous or even impossible undertaking. The chapter then takes a children’s rights perspective, focusing notably on the situation of adopted, fostered, and unaccompanied children.
Resettlement
Authors: Kneebone Susan , Macklin Audrey 
Published: June 2021

Abstract
This chapter describes and critiques refugee resettlement, ostensibly a ‘durable solution’ to displacement. Contemporary resettlement is practised mainly by high-income liberal democracies of the Global North, the same States that reluctantly receive asylum seekers coming mainly from the Global South. This tension between asylum and resettlement explains many of the features of contemporary resettlement practices, whereby asylum is governed through law and resettlement is usually framed as a matter of discretion. To reveal and explore this tension between asylum and resettlement, and examine resettlement’s shifting and problematic role in refugee protection, the chanoteppter surveys its historical development. It then looks at three key aspects of contemporary practice, namely its relationship with sovereignty, its decision-making processes, and how States treat resettled refugees.
Onward Migration
Authors: Long Katy 
Published: June 2021

Abstract
This chapter examines an important question about the relationship between displacement and migration: how does ‘onward migration’, or ‘onward movement’, fit into existing frameworks for refugee protection? The chapter first explores how approaches to refugees’ onward movement are often heavily politicized: many States tend to view refugee movements as a problem because they threaten to undermine national control of immigration. By contrast, advocates of refugee mobility point to the important role that migration can play in helping refugees to secure effective protection. Next, the chapter considers the rights of asylum seekers and refugees to engage in onward migration as part of a search for effective, durable protection. It also addresses the potential challenges—both legal and political—that may be faced by refugees trying to use migration as a ‘fourth durable solution’. The chapter concludes by suggesting that debates about refugee movement reflect much broader unresolved tensions in a world of unequal bordered States and restricted immigration.
The Responsibility of Armed Groups Concerning Displacement
Authors: Saul Ben 
Published: June 2021

Abstract
This chapter studies the responsibility of armed groups concerning displacement. Displacement frequently occurs in non-international armed conflicts (NIACs), whether as an incidental effect of actual or impending hostilities, a deliberate tactic of warfare, or as a preventive, protective measure to evacuate civilians at risk. In contrast to States parties to a NIAC, however, non-State armed groups (NSAGs) involved in conflict bear far fewer international obligations concerning protection from, during, and after displacement. The chapter charts how most of the relevant international law imposes obligations principally on States. Under the law of State responsibility, a State is only responsible for a NSAG’s conduct in a limited range of situations. Even where State responsibility formally exists, it will often be an ineffective means of accountability in practice, and NSAGs themselves may not separately bear direct responsibility for their conduct. A critical, second issue the chapter discusses, therefore, is the extent to which international law directly binds NSAGs and holds them responsible for their breaches. By disaggregating the applicable specialized branches of law, it shows that NSAGs are clearly bound by international humanitarian law as groups, while international criminal law imposes individual criminal liability on their members.
Border Crimes as Crimes against Humanity
Authors: Mann Itamar 
Published: June 2021

Abstract
This chapter examines border violence as ‘crimes against humanity’. It begins by explaining what it takes to interpret the phrase ‘crimes against humanity’, as it appears in article 7 of the Rome Statute, in light of rules of interpretation articulated in the Vienna Convention on the Law of Treaties. The chapter then looks at three theories of crimes against humanity. The first follows a basic tenet of Kantian ethics: the charge of crimes against humanity denounces the transformation of humans from ends in themselves to means of governing, or even of eliminating, the lives of others. A second option posits that the key aspect of claims concerning crimes against humanity directed at refugees is that they exert a kind of structural violence: certain kinds of border violence establish a system that extinguishes legal protections for humans, while making such results appear natural. Unlike other cases in which structural violence is rendered transparent to criminal law, contemporary border violence against asylum seekers and refugees can be effectively captured within a criminal law framework. A third interpretive theory suggests that border violence is deleterious towards people’s social lives, as it separates them into hermetic units and prevents interaction and mobility between groups. Proponents of this view may proceed to argue that sealing borders and eliminating the right to asylum is part of a larger plan for solidifying global racial and economic hierarchies: a ‘global apartheid’.
Regional Refugee Regimes
Authors: Fischel de Andrade José H. 
Published: June 2021

Abstract
This chapter shows how Latin America has played a rather innovative and creative role in the development of regional political asylum and refugee regimes. It reviews both the historical contribution of Latin America’s political asylee and refugee sub-regimes, and the region’s protection situation and key challenges. The chapter aims to answer the following questions: what is the concept of the prevailing asylum regime in Latin America and what are its sub-regimes? What is the current protection legal framework in the region? What is the institutional framework and its contribution to the protection of asylum seekers, political asylees, and refugees in Latin America? What are the major protection challenges currently faced by the region? In terms of its regional coverage, it considers that, of the 35 independent States of the Americas that are members of the Organization of American States, 20 of these may be regarded as Latin American States—that is, bearers of Spanish, Portuguese, or French cultural and linguistic heritage.
Numerical analysis of long-term variability of AGN jets through RMHD simulations
Authors: Acharya Sriyasriti , Borse Nikhil S , Vaidya Bhargav 
Published: June 2021

ABSTRACT
Relativistic AGN (active galactic nucleus) jets exhibit multitime-scale variability and a broad-band non-thermal spectrum extending from radio to gamma-rays. These highly magnetized jets are prone to undergo several magnetohydrodynamic (MHD) instabilities during their propagation in space and could trigger jet radiation and particle acceleration. This work aims to study the implications of relativistic kink mode instability on the observed long-term variability in the context of the twisting in-homogeneous jet model. To achieve this, we investigate the physical configurations preferable for forming kink mode instability by performing high-resolution 3D relativistic MHD simulations of a portion of highly magnetized jets. In particular, we perform simulations of cylindrical plasma column with Lorentz factor ≥5 and study the effects of magnetization values and axial wavenumbers with decreasing pitch on the onset and growth of kink instability. We have confirmed the impact of axial wavenumber on the dynamics of the plasma column including the growth of the instability. In this work, we have further investigated the connection between the dynamics of the plasma column with its time-varying emission features. From our analysis, we find a correlated trend between the growth rate of kink mode instability and the flux variability obtained from the simulated light curve.
Patterns of primary beam non-redundancy in close-packed 21 cm array observations
Authors: Choudhuri Samir , Bull Philip , Garsden Hugh 
Published: June 2021

ABSTRACT
Radio interferometer arrays such as HERA consist of many close-packed dishes arranged in a regular pattern, giving rise to a large number of ‘redundant’ baselines with the same length and orientation. Since identical baselines should see an identical sky signal, this provides a way of finding a relative gain/bandpass calibration without needing an explicit sky model. In reality, there are many reasons why baselines will not be exactly identical, giving rise to a host of effects that spoil the redundancy of the array and induce spurious structure in the calibration solutions if not accounted for. In this paper, we seek to build an understanding of how differences in the primary beam response between antennas affect redundantly calibrated interferometric visibilities and their resulting frequency (delay-space) power spectra. We use simulations to study several generic types of primary beam variation, including differences in the width of the main lobe, the angular and frequency structure of the sidelobes, and the beam ellipticity and orientation. For all of these types, we find that additional temporal structure is induced in the gain solutions, particularly when bright point sources pass through the beam. In comparison, only a low level of additional spectral structure is induced. The temporal structure modulates the cosmological 21 cm power spectrum, but only at the level of a few per cent in our simulations. We also investigate the possibility of signal loss due to decoherence effects when non-redundant visibilities are averaged together, finding that the decoherence is worst when bright point sources pass through the beam, and that its magnitude varies significantly between baseline groups and types of primary beam variation. Redundant calibration absorbs some of the decoherence effect however, reducing its impact compared to if the visibilities were perfectly calibrated.
The integrated three-point correlation function of cosmic shear
Authors: Halder Anik , Friedrich Oliver , Seitz Stella , Varga Tamas N 
Published: June 2021

ABSTRACT
We present the integrated three-point shear correlation function iζ± – a higher order statistic of the cosmic shear field – which can be directly estimated in wide-area weak lensing surveys without measuring the full three-point shear correlation function, making this a practical and complementary tool to two-point statistics for weak lensing cosmology. We define it as the one-point aperture mass statistic Map measured at different locations on the shear field correlated with the corresponding local two-point shear correlation function ξ±. Building upon existing work on the integrated bispectrum of the weak lensing convergence field, we present a theoretical framework for computing the integrated three-point function in real space for any projected field within the flat-sky approximation and apply it to cosmic shear. Using analytical formulae for the non-linear matter power spectrum and bispectrum, we model iζ± and validate it on N-body simulations within the uncertainties expected from the sixth year cosmic shear data of the Dark Energy Survey. We also explore the Fisher information content of iζ± and perform a joint analysis with ξ± for two tomographic source redshift bins with realistic shape noise to analyse its power in constraining cosmological parameters. We find that the joint analysis of ξ± and iζ± has the potential to considerably improve parameter constraints from ξ± alone, and can be particularly useful in improving the figure of merit of the dynamical dark energy equation of state parameters from cosmic shear data.