Michelle Foster
Biographic Data
| ID | 3606396 |
|---|---|
| NAME | Michelle Foster |
| GIVEN NAMES | Michelle |
| FAMILY NAME | Foster |
| SIGNATURE | FOSTER M |
| AFFILIATIONS | The University of Melbourne |
| ORCID | 0000-0002-4381-9484 |
| VERIFIED | Yes |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 19 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 2007 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 2 |
E‐cigarette use in pregnancy in Australia: A cross‐sectional survey of public antenatal clinic attendees
I Do Solemnly Swear: Institutional Enforcement of the Oath of Office to Fight Public Corruption
Public officials are oath takers and expected to uphold the law, but criminal convictions provide evidence that corruption exists. When public officials violate their oath, these violations evade ethical norms of behavior important to protecting the integrity inherent in the public office. This article synthesizes the literature on public corruption and related fields and presents a conceptual model to help us understand public leader violations …
D.Z. v. Netherlands, UN Doc
interpretations developed by the panel," related paragraphs in the panel report, and the WTO provisions alleged to be wrongly interpreted or applied by the panel. 22 Previously, the Appellate Body saw "significant value" in requiring such information as this importantly demarcates the scope of appellate review in each dispute and enables the appellee to fully exercise its rights of defense. If the current Appellate Body crisis persists, notices o…
Time’ in Refugee Status Determination in Australia and the United Kingdom: A Clear and Present Danger from Armed Conflict
‘Time’ plays an important role in refugee status determination (RSD) because whilst fear must be current, the fear relates to present or future risk. This article examines the role of time in RSD and how time impacts upon the granting of refugee protection. Thus it concentrates on the test of a ‘well-founded fear’ in article 1A(2) of the Refugee Convention. Claims from persons fleeing armed conflict raise particular challenges because of the flui…
Guest Editor Introduction: Contesting and Undoing Discriminatory Borders
(Some) refugees welcome: When is differentiating between refugees unlawful discrimination
Europe’s extraordinary response to those fleeing the Russian invasion of Ukraine in February 2022 has prompted many criticisms of Europe’s treatment of other refugees, and indeed people of colour and members of ethnic minorities fleeing Ukraine. While stark, this differentiated response in not unusual: The global refugee regime treats different refugees differently, as a matter of course. Refugees often encounter racialized migration controls, an…
Analysis of ‘Imminence’ in International Protection Claims: Teitiota v New Zealand and Beyond
The UN Human Rights Committee's finding in Teitiota v New Zealand has garnered widespread global attention for its recognition that the effects of climate change may put people's lives at risk or expose them to cruel, inhuman or degrading treatment, thus triggering States’ non-refoulement obligations. However, a secondary—and highly problematic—consequence of the decision has been its confusing and misplaced focus on ‘imminence’ of harm. This ref…
The Oxford Handbook of International Refugee Law
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 spa…
Oxford Handbook of International Refugee Law
"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 sp…
Race Discrimination Effaced at the International Court of Justice
This essay examines the interpretation of the core international treaty dedicated to the elimination of racial discrimination, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and in particular how the prohibition on race discrimination applies to the treatment of migrants. This essay is timely, as CERD has travelled from the margins of human rights law to the center of the hottest interstate lawfare. …
Refugee Protection in the Covid-19 Crisis and Beyond: The Capacity and Limits of International Law
The current pandemic and concomitant framework of crisis has led to unprecedented restrictions on global movement, and hence on the ability of refugees to seek protection. These measures have been implemented as a matter of urgency on account of the immediacy of the public health challenge, yet risk violating international refugee and human rights law. This experience provides an opportunity to reflect on an equally compelling, although less immi…
Imminence in Refugee and Human Rights Law: A Misplaced Notion for International Protection
This article is an output of a major research project examining the notion of imminence in the law on international protection. It is the first piece of scholarship to identify an emerging trend, namely the introduction of imminence—whether invoked implicitly or explicitly—as a potential barrier to refugee status or complementary protection. The article analyses the jurisprudence of relevant international bodies and courts and critiques the valid…
Statelessness as a Human Rights Issue: A Concept Whose Time Has Come
The protection of stateless persons has long been understood as a challenge for the international community. However, for many of the past 60 years, a prioritized focus on refugees has dominated, or even eclipsed, the plight and protection needs of stateless persons. Guy Goodwin-Gill has long argued for a refocus of international attention and effort on the plight, predicament, and protection needs of stateless persons. In a seminal contribution …
The Law of Refugee Status
The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the refugee definition set by the UN's 1951 Refugee Convention. Its groundbreaking analysis served as the bedrock for not only much judicial reasoning, but also for a burgeoning academic literature in law and related fields. This second edition builds on the strong critical focus and human rights orientation of the first ed…
Responsibility Sharing or Shifting? "Safe" Third Countries and International Law
Th is article assesses the legality at international law of “protection elsewhere” policies, that is, policies whereby responsibility for refugees is transferred between states such as in the US-Canada Safe Third Country Agreement. An analysis of the operation of such policies in Europe, Australia, and North America raises serious concerns about the ability of such schemes to uphold their aims and objectives in conformity with international law. …
International Refugee Law and Socio-Economic Rights: Refuge from Deprivation
A range of emerging refugee claims is beginning to challenge the boundaries of the Refugee Convention regime and question traditional distinctions between 'economic migrants' and 'political refugees'. This book, first published in 2007, identifies the conceptual and analytical challenges presented by claims based on socio-economic deprivation, and undertakes an assessment of the extent to which these challenges may be overcome by a creative inter…
(Some) refugees welcome: When is differentiating between refugees unlawful discrimination
Europe’s extraordinary response to those fleeing the Russian invasion of Ukraine in February 2022 has prompted many criticisms of Europe’s treatment of other refugees, and indeed people of colour and members of ethnic minorities fleeing Ukraine. While stark, this differentiated response in not unusual: The global refugee regime treats different refugees differently, as a matter of course. Refugees often encounter racialized migration controls, an…
Imminence in Refugee and Human Rights Law: A Misplaced Notion for International Protection
This article is an output of a major research project examining the notion of imminence in the law on international protection. It is the first piece of scholarship to identify an emerging trend, namely the introduction of imminence—whether invoked implicitly or explicitly—as a potential barrier to refugee status or complementary protection. The article analyses the jurisprudence of relevant international bodies and courts and critiques the valid…
Analysis of ‘Imminence’ in International Protection Claims: Teitiota v New Zealand and Beyond
The UN Human Rights Committee's finding in Teitiota v New Zealand has garnered widespread global attention for its recognition that the effects of climate change may put people's lives at risk or expose them to cruel, inhuman or degrading treatment, thus triggering States’ non-refoulement obligations. However, a secondary—and highly problematic—consequence of the decision has been its confusing and misplaced focus on ‘imminence’ of harm. This ref…
International Refugee Law and Socio-Economic Rights: Refuge from Deprivation
A range of emerging refugee claims is beginning to challenge the boundaries of the Refugee Convention regime and question traditional distinctions between 'economic migrants' and 'political refugees'. This book, first published in 2007, identifies the conceptual and analytical challenges presented by claims based on socio-economic deprivation, and undertakes an assessment of the extent to which these challenges may be overcome by a creative inter…
Responsibility Sharing or Shifting? "Safe" Third Countries and International Law
Th is article assesses the legality at international law of “protection elsewhere” policies, that is, policies whereby responsibility for refugees is transferred between states such as in the US-Canada Safe Third Country Agreement. An analysis of the operation of such policies in Europe, Australia, and North America raises serious concerns about the ability of such schemes to uphold their aims and objectives in conformity with international law. …
The Law of Refugee Status
The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the refugee definition set by the UN's 1951 Refugee Convention. Its groundbreaking analysis served as the bedrock for not only much judicial reasoning, but also for a burgeoning academic literature in law and related fields. This second edition builds on the strong critical focus and human rights orientation of the first ed…
Statelessness as a Human Rights Issue: A Concept Whose Time Has Come
The protection of stateless persons has long been understood as a challenge for the international community. However, for many of the past 60 years, a prioritized focus on refugees has dominated, or even eclipsed, the plight and protection needs of stateless persons. Guy Goodwin-Gill has long argued for a refocus of international attention and effort on the plight, predicament, and protection needs of stateless persons. In a seminal contribution …
Imminence in Refugee and Human Rights Law: A Misplaced Notion for International Protection
This article is an output of a major research project examining the notion of imminence in the law on international protection. It is the first piece of scholarship to identify an emerging trend, namely the introduction of imminence—whether invoked implicitly or explicitly—as a potential barrier to refugee status or complementary protection. The article analyses the jurisprudence of relevant international bodies and courts and critiques the valid…
The Oxford Handbook of International Refugee Law
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 spa…
Oxford Handbook of International Refugee Law
"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 sp…
Race Discrimination Effaced at the International Court of Justice
This essay examines the interpretation of the core international treaty dedicated to the elimination of racial discrimination, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and in particular how the prohibition on race discrimination applies to the treatment of migrants. This essay is timely, as CERD has travelled from the margins of human rights law to the center of the hottest interstate lawfare. …
Refugee Protection in the Covid-19 Crisis and Beyond: The Capacity and Limits of International Law
The current pandemic and concomitant framework of crisis has led to unprecedented restrictions on global movement, and hence on the ability of refugees to seek protection. These measures have been implemented as a matter of urgency on account of the immediacy of the public health challenge, yet risk violating international refugee and human rights law. This experience provides an opportunity to reflect on an equally compelling, although less immi…
D.Z. v. Netherlands, UN Doc
interpretations developed by the panel," related paragraphs in the panel report, and the WTO provisions alleged to be wrongly interpreted or applied by the panel. 22 Previously, the Appellate Body saw "significant value" in requiring such information as this importantly demarcates the scope of appellate review in each dispute and enables the appellee to fully exercise its rights of defense. If the current Appellate Body crisis persists, notices o…
Time’ in Refugee Status Determination in Australia and the United Kingdom: A Clear and Present Danger from Armed Conflict
‘Time’ plays an important role in refugee status determination (RSD) because whilst fear must be current, the fear relates to present or future risk. This article examines the role of time in RSD and how time impacts upon the granting of refugee protection. Thus it concentrates on the test of a ‘well-founded fear’ in article 1A(2) of the Refugee Convention. Claims from persons fleeing armed conflict raise particular challenges because of the flui…
Guest Editor Introduction: Contesting and Undoing Discriminatory Borders
(Some) refugees welcome: When is differentiating between refugees unlawful discrimination
Europe’s extraordinary response to those fleeing the Russian invasion of Ukraine in February 2022 has prompted many criticisms of Europe’s treatment of other refugees, and indeed people of colour and members of ethnic minorities fleeing Ukraine. While stark, this differentiated response in not unusual: The global refugee regime treats different refugees differently, as a matter of course. Refugees often encounter racialized migration controls, an…
Analysis of ‘Imminence’ in International Protection Claims: Teitiota v New Zealand and Beyond
The UN Human Rights Committee's finding in Teitiota v New Zealand has garnered widespread global attention for its recognition that the effects of climate change may put people's lives at risk or expose them to cruel, inhuman or degrading treatment, thus triggering States’ non-refoulement obligations. However, a secondary—and highly problematic—consequence of the decision has been its confusing and misplaced focus on ‘imminence’ of harm. This ref…
I Do Solemnly Swear: Institutional Enforcement of the Oath of Office to Fight Public Corruption
Public officials are oath takers and expected to uphold the law, but criminal convictions provide evidence that corruption exists. When public officials violate their oath, these violations evade ethical norms of behavior important to protecting the integrity inherent in the public office. This article synthesizes the literature on public corruption and related fields and presents a conceptual model to help us understand public leader violations …
E‐cigarette use in pregnancy in Australia: A cross‐sectional survey of public antenatal clinic attendees
Political science (14 works) · Sociology (12 works) · Law (11 works) · Migration, Refugees, and Integration (9 works) · Refugee (9 works) · Law (8 works) · International law (7 works) · Law and economics (7 works) · Human rights (6 works) · International Law and Human Rights (6 works)