The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.

The Aliens Control Act

Building on global interest in migration development, the volume draws attention to one of the most important migration systems in sub-Saharan Africa. It reviews South Africa’s approach to international migration in the post-apartheid period from a regional development perspective, highlighting key policy issues, debates, and consequences. The authors find at least three areas where migration is resulting in important development impacts. First, by offering options to those affected by conflict and crises in a region that has limited formal disaster management and social protection systems. Second, by mitigating shortcomings and distortions in regional labour markets. Third, by providing support to struggling rural economies and ever expanding urban areas in terms of livelihoods and social capital transfers. Chapter One consists of a study of the country’s historical experience of migration and, in particular, analyses the changes in official attitudes throughout the twentieth century, indicating the roots of contemporary ideas and policy dilemmas. Chapters Two, Three, Four and Five complement this analysis of the South African State’s capacity to reform and manage the South African migration situation by looking at often neglected dimensions: the first explores the question of skilled labour, a crucial question given the unbalanced structure of the South African labour market; the second examines the impact of migration on local government in South African cities and specifically implications for urban planning, service delivery, health, security, and political accountability; the third analyses the nature of undocumented migration to South Africa and the challenges it raises to both State and non-State actors; The book concludes with an examination of health as a critical issue when examining the relationship between migration and development in South Africa, in light of recent empirical data.

2. The role of UNHCR

The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.

The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law.