Geoff Gilbert
Datos Biográficos
| ID | 3947744 |
|---|---|
| NOMBRE | Geoff Gilbert |
| NOMBRES | Geoff |
| APELLIDO | Gilbert |
| FIRMA | GILBERT G |
| AFILIACIONES | University of Essex |
| ORCID | 0000-0001-5774-5554 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 40 |
| TOTAL DE CITAS | 13 |
| TOTAL COMO AUTOR | 40 |
| TOTAL COMO EDITOR | 0 |
| PRIMER AÑO DE PUBLICACIÓN | 1973 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2026 |
| ÍNDICE H | 2 |
Après le déluge
The opening paragraph of Sir John Hope Simpson’s 1939 survey of ‘the refugee problem’ explains that ‘[r]efugee movements arising from natural disasters such as earthquake or flood have been excluded from this inquiry, which has been limited to those due to political and social catastrophes’ consequent to the First World War.1 This qualification provides two interesting insights which still resonate today. First, by expressly caveating his study i…
International Protection for People Displaced across Borders in the context of Climate Change and Disasters
IOM Unbound?
It is an era of expansion for the International Organization for Migration (IOM), an increasingly influential actor in the global governance of migration. Bringing together leading experts in international law and international relations, this collection examines the dynamics and implications of IOM's expansion in a new way. Analyzing IOM as an international organization (IO), the book illuminates the practices, obligations and accountability of …
Marginal Pleasures and the Curve of Indifference
Welcome a Board
In 2020, in consultation with Oxford University Press, we decided to expand and diversify the composition of the Editorial Board of the International Journal of Refugee Law. The Board has existed since the journal was founded in 1989 and has always been a mix of academics and practitioners from across the globe. Our aim was to increase its composition and reach. With existing Board terms up for periodic review, we first ascertained who was able t…
Special Issues to Commemorate the 70th Anniversary of the 1951 Convention relating to the Status of Refugees
2021 marks the 70th anniversary of the adoption of the Refugee Convention. Together with the 1967 Protocol, the Refugee Convention is an enduring instrument of protection that has assisted millions of refugees over many decades. It has been complemented by the evolution of human rights law over time, yet retains a distinct and significant purpose in providing a legal status for refugees, underpinned by fundamental protective principles. Despite t…
Marginal Pleasures and the Curve of Indifference
Cet article établit une corrélation entre, d’une part, l’obscurité et le statut professionnel des derniers écrits de Henry James et, d’autre part, l’essor hégémonique de l’économie marginaliste. L’un comme l’autre fondent leurs descriptions de la réalité et de la valeur sur l’expérience subjective individuelle, mais développent des méthodes abstraites pour en rendre compte. Dans ce processus, le théâtre du plaisir et de la douleur se trouve dépla…
Knowing All of the Law, All of the Time
Not Bound but Committed
The Global Compact on Refugees is not legally binding, but it gives rise to commitments by the international community as a whole. It is also rooted in international refugee law, international human rights law and international humanitarian law. This article addresses how the GCR cannot give rise to binding obligations in international law, yet provide for enhanced protection and assistance to refugees and hosting communities, and establish commi…
Indicators for the Global Compact on Refugees
One of the guiding principles of the Global Compact on Refugees (Refugee Compact) is ‘to operationalize the principles of burden- and responsibility-sharing to better protect and assist refugees and support host countries and communities’ (para 5). Success will be measured by indicators to be developed ahead of the first Global Refugee Forum in 2019 (which will take stock of progress to date) (paras 102–03). This short article considers the kinds…
Rule of Law and United Nations Interoperability
This article considers how a rule of law approach, central to the United Nations’ (UN) activities since 2004, could facilitate the operationalization of interoperability across its agencies. But what do we mean by rule of law: the Anglo-American judicialized understanding or the civil law model, l’Etat de droit or Rechtsstaat, that is more rooted in the governance of the State? Indeed, both approaches are relevant to a proper understanding of rul…
The Human Rights of Migrants and Refugees in European Law
To write a monograph on migrants and refugees in Europe is challenging enough. To write it as the continent was facing the largest influx of forcibly displaced persons since the end of the Second World War and yet to still produce a classic study that is timeless in its thematic analysis (when it really ought to lead the field in the built-in obsolescence of all law books; Syria is not even mentioned in the index, although it does appear extensiv…
President Trump’s Executive Order
With an irony that did not go unnoticed, President Trump signed an Executive Order, Protecting the Nation from Foreign Terrorist Entry into the United States, on 27 January 2017,1 Holocaust Memorial Day, which denied entry to refugees and appeared to prioritize some religions over others. As Maryellen Fullerton’s article in this issue makes clear,2 litigation prevented that Executive Order from coming into effect and, on 6 March 2017, a new one w…
Undesirable but Unreturnable
The fight against international crimes takes place at many levels, not just before the ad hoc tribunals and the International Criminal Court. Nor is the subject limited to the crimes prosecuted before those courts. This paper considers how extradition and other forms of rendition might be utilized to rid a state of an undesirable alien, particularly one who is excluded from refugee status, whether that be to the ICC or, more likely, to another st…
UNHCR and Courts
There being no International Refugee Court, one way that the international protection of refugees develops is through domestic courts interpreting the Refugee Convention, and through cases brought before international and regional human rights treaty bodies. UNHCR’s supervisory role, set out in article 35 of the Refugee Convention and paragraphs 1 and 8(a) of the UNHCR Statute, authorizes its engagement in such court cases through amicus curiae b…
Why Europe Does Not Have a Refugee Crisis
Putting to one side the question of just how many people arriving in Europe constitutes a crisis given the resources that are available in the region, especially after having regard to the numbers that cross into and remain in states in Africa and south-east Asia, this comment is focusing on ‘Europe’, ‘refugees’, and the search for solutions. To start with, the alleged crisis is one that is more about the European Union member states than about E…
International Criminal Law Is not a Panacea - Why Proposed Climate Change ‘Crimes’ Are Just Another Passenger on an Overcrowded Bandwagon
There have been various responses to global warming. More recently, attempts have been made to utilize international criminal law. This article focuses on the criminalization of global warming as it might most directly affect humanity: climate change induced displacement. This article considers how criminalization takes place at the domestic and international levels and the additional constraints with respect to the latter, particularly as regard…
Jurisdictional Competence Through Protection
States face a dilemma: international law obliges them to protect individuals in certain contexts, but that may require them to harbour alleged criminals. If such individuals cannot be surrendered or deported, states have to find another means to ensure prosecution and avoid impunity. Unless the International Criminal Court can assume jurisdiction, the haven state is arguably required to assert extraterritorial jurisdiction. Yet, this is not strai…
Interesting Times
Amortissement
The Mexico Declaration and Plan of Action
The ‘Foreword to the Mexico Declaration and Plan of Action’ written by Philippe Lavanchy, Director of the Americas Bureau at UNHCR, should have appeared in Volume 17:4 and should still be read with the documents there. In late 2005, UNHCR sent a large set of materials relating to the Americas, but, due to annual page limits for the IJRL, they had to be split across 17:4 and 18:1. For some inexplicable reason, I forgot to include the Foreword with…
Before Modernism Was
Before Modernism Was places modernist writing within the texture of modern history. Texts by Woolf, James, Freud, Wyndham Lewis, Stein, Malinowski, and others are read through a range of figures that
Dogs
The previous chapter found a missed prospect in the space of ‘Polish Action’, an awkward articulation of market possibilities with the incoherent stories of geo-politics. This prospect is of a particularly difficult way to live; there is a whiff of pathology in the disenchanted refusal of ambition and heuristic clarity sketched there, without even the bright blind energies of the figure of the adolescent to spark it with some kind of young hope. …
Words, flies, Jews, Joyce, Joint
Protection after September 11th
Journal Article Protection after September 11th Get access Geoff Gilbert Geoff Gilbert Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 15, Issue 1, January 2003, Pages 1–4, https://doi.org/10.1093/ijrl/15.1.1 Published: 01 January 2003
Terrorism and the Political Offence Exemption Reappraised
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Right of Asylum
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Beyond Charity
Not Bound but Committed
The Global Compact on Refugees is not legally binding, but it gives rise to commitments by the international community as a whole. It is also rooted in international refugee law, international human rights law and international humanitarian law. This article addresses how the GCR cannot give rise to binding obligations in international law, yet provide for enhanced protection and assistance to refugees and hosting communities, and establish commi…
Jurisdictional Competence Through Protection
States face a dilemma: international law obliges them to protect individuals in certain contexts, but that may require them to harbour alleged criminals. If such individuals cannot be surrendered or deported, states have to find another means to ensure prosecution and avoid impunity. Unless the International Criminal Court can assume jurisdiction, the haven state is arguably required to assert extraterritorial jurisdiction. Yet, this is not strai…
I. The Northern Ireland Peace Agreement, Minority Rights and Self-Determination
The Northern Ireland Peace Agreement 1 was concluded following multi-party negotiations on Good Friday, 10 April 1998. It received 71 per cent approval in Northern Ireland and 95 per cent approval in the Republic of Ireland in the subsequent referenda held on Friday 22 May, the day after Ascension. To some, it must have seemed that the timing was singularly appropriate following 30 years of “The Troubles”, which were perceived as being between a …
The Irish Interpretation of the Political Offence Exemption
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Lucretius 3. 492–3
His translation is, ‘obviously because the violence of the disease is dispersed throughout the body and as it forces out breath stirs up foam...’ The difficulty is that nowhere else does ‘distracta’ mean ‘dispersed’. Moreover, in vv. 501 and 507, in the same sequence of argument, the meaning is clearly ‘torn apart’, as usual. One way of meeting this difficulty is to read ‘anima’ in 493, as proposed by Tohte. However, this gives the barely defensi…
Right of Asylum
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Terrorism and the Political Offence Exemption Reappraised
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The Criminal Responsibility of States
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The Irish Interpretation of the Political Offence Exemption
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Root Causes and International Law
This article calls for a change of approach with regard to dealing with the refugee flows seen in the 1980s and 1990s and focuses on tackling the root causes of such flows. As such, it represents a move away from considering refugees merely in relation to rights s/he might be accorded in the receiving state. Experience tells us that there are three major causes of refugee flows: gross human rights violations, wars and natural disasters. The paper…
Aspects of Extradition Law
Preface. Case List. 1. Extradition in Context. 2. Mechanisms for International Extradition. 3. Procedural Aspects of Extradition. 4. Extradition and Human Rights. 5. Restrictions on Return. 6. The Political Offence Exemption. 7. Alternative Forms of Rendition. 8. War Criminals. 9. Refuge and Return. Appendix. Bibliography. Index
Extradition
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Beyond Charity
The Best 'Early Warning' is Prevention
An early warning system should prevent refugee flows wherever possible. This article focuses on mechanisms designed to relieve the tensions that give rise to trans-border influxes, rather than on the measures designed to help those preparing to receive imminent flows, which is not so much ‘early warning’ as effective crisis management. The author offers a definition of early warning, drawing on international organization practice and comment, loo…
The means of protecting human rights in the United Kingdom
(1997). The means of protecting human rights in the United Kingdom. The International Journal of Human Rights: Vol. 1, No. 1, pp. 23-68
Rights Legitimate Expectations, Needs and Responsibilities
This paper starts from the premise that despite the enlarged role that UNHCR has taken on, particularly since 1989, it is still governed by its original 1950 mandate to provide international protection to refugees, as defined. This extended work has led it to deal with non-refugees, even those who are not even internally displaced, and to carrying Out tasks beyond those originally envisaged. Furthermore, its legal personality in international law…
I. The Northern Ireland Peace Agreement, Minority Rights and Self-Determination
The Northern Ireland Peace Agreement 1 was concluded following multi-party negotiations on Good Friday, 10 April 1998. It received 71 per cent approval in Northern Ireland and 95 per cent approval in the Republic of Ireland in the subsequent referenda held on Friday 22 May, the day after Ascension. To some, it must have seemed that the timing was singularly appropriate following 30 years of “The Troubles”, which were perceived as being between a …
The Arrest of Abdullah Öcalan
Abdullah Öcalan's arrival in Turkey in February 1999 followed a prolonged search in Europe for asylum following his expulsion from Syria in late 1998. His coming within Turkish jurisdiction raises questions about the international processes to bring alleged transnational fugitive offenders before the courts. This article looks at the extradition regime within Europe and the alternative methods of rendition that were eventually employed to remove …
Religio—nationalist minorities and the development of minority rights law
The end of the Soviet period in Central and Eastern Europe and the Balkans has seen the open development of tensions in the region based on the presence of minority groups in states trying to reassert their individual identity. There has been a flurry of international activity by various organizations to establish minority rights standards and to ensure their implementation. It is the thesis of this article that the idea of minority rights in int…
Protection after September 11th
Journal Article Protection after September 11th Get access Geoff Gilbert Geoff Gilbert Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 15, Issue 1, January 2003, Pages 1–4, https://doi.org/10.1093/ijrl/15.1.1 Published: 01 January 2003
Before Modernism Was
Before Modernism Was places modernist writing within the texture of modern history. Texts by Woolf, James, Freud, Wyndham Lewis, Stein, Malinowski, and others are read through a range of figures that
Dogs
The previous chapter found a missed prospect in the space of ‘Polish Action’, an awkward articulation of market possibilities with the incoherent stories of geo-politics. This prospect is of a particularly difficult way to live; there is a whiff of pathology in the disenchanted refusal of ambition and heuristic clarity sketched there, without even the bright blind energies of the figure of the adolescent to spark it with some kind of young hope. …
Words, flies, Jews, Joyce, Joint
The Mexico Declaration and Plan of Action
The ‘Foreword to the Mexico Declaration and Plan of Action’ written by Philippe Lavanchy, Director of the Americas Bureau at UNHCR, should have appeared in Volume 17:4 and should still be read with the documents there. In late 2005, UNHCR sent a large set of materials relating to the Americas, but, due to annual page limits for the IJRL, they had to be split across 17:4 and 18:1. For some inexplicable reason, I forgot to include the Foreword with…
Amortissement
Interesting Times
International Criminal Law Is not a Panacea - Why Proposed Climate Change ‘Crimes’ Are Just Another Passenger on an Overcrowded Bandwagon
There have been various responses to global warming. More recently, attempts have been made to utilize international criminal law. This article focuses on the criminalization of global warming as it might most directly affect humanity: climate change induced displacement. This article considers how criminalization takes place at the domestic and international levels and the additional constraints with respect to the latter, particularly as regard…
Jurisdictional Competence Through Protection
States face a dilemma: international law obliges them to protect individuals in certain contexts, but that may require them to harbour alleged criminals. If such individuals cannot be surrendered or deported, states have to find another means to ensure prosecution and avoid impunity. Unless the International Criminal Court can assume jurisdiction, the haven state is arguably required to assert extraterritorial jurisdiction. Yet, this is not strai…
Why Europe Does Not Have a Refugee Crisis
Putting to one side the question of just how many people arriving in Europe constitutes a crisis given the resources that are available in the region, especially after having regard to the numbers that cross into and remain in states in Africa and south-east Asia, this comment is focusing on ‘Europe’, ‘refugees’, and the search for solutions. To start with, the alleged crisis is one that is more about the European Union member states than about E…
Political science (33 obras) · Law (27 obras) · International Law and Human Rights (14 obras) · Law (14 obras) · Refugee (13 obras) · Sociology (12 obras) · Computer Science (11 obras) · Human rights (11 obras) · Politics (9 obras) · Human Rights and Development (8 obras)