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Jane Mcadam

Biographic Data

ID908712
NAMEJane Mcadam
GIVEN NAMESJane
FAMILY NAMEMcadam
SIGNATUREMCADAM J
AFFILIATIONSUNSW Sydney
ORCID0000-0002-3999-7843
VERIFIEDYes
TOTAL WORKS58
TOTAL CITATIONS98
AUTHOR COUNT56
EDITOR COUNT2
FIRST PUBLICATION YEAR2001
LATEST PUBLICATION YEAR2026
H-INDEX6
  • A sign of precarity or protection? Understanding the role of evacuations from disasters in international protection claims

    Open Access•Jane Mcadam•ARTICLE•International Journal of Refugee…•2026

    This article examines the role that evacuations from disasters play in international protection claims, arguing that they should be understood not only as potentially life-saving interventions but also as actions that may reveal, generate, or compound risk. Although evacuations are commonly framed as temporary, protective responses to imminent hazards, they are also a form of displacement that can entrench precarity, particularly for those alread…

  • Après le déluge: Evolving approaches to international protection in the context of climate change and disasters

    Open Access•Jane Mcadam, Geoff Gilbert•ARTICLE•International Journal of Refugee…•2026

    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…

  • The twice displaced: UNHCR’s role in evacuations

    Open Access•Jane Mcadam•ARTICLE•International Journal of Refugee…•2025

    This article explores when, why, and how the United Nations High Commissioner for Refugees (UNHCR) engages in evacuations. Despite being a longstanding practice of the organization and its predecessors, evacuations remain underexamined both as a concept and a protection tool. While evacuations can be life-saving, they can also create further risks. They can provide people with temporary protection but also leave them in limbo. They can enable som…

  • International Protection for People Displaced across Borders in the context of Climate Change and Disasters: A Practical Toolkit

    Open Access•Kate Jastram, Jane Mcadam et al.•ARTICLE•International Journal of Refugee…•2025

  • Evacuations as Displacement: Conceptual and Legal Challenges

    Open Access•Jane Mcadam•ARTICLE•Refugee Survey Quarterly•2024•Cited by: 1

    This article seeks to conceptualise evacuations as a form of human mobility. Although evacuations represent a large proportion of annual global “displacement” in official figures, they are rarely analysed as such and instead tend to be viewed positively as a form of rescue – saving lives by moving people away from danger. By reorienting the orthodox starting point for evacuations – the “rescue” paradigm – this article hypothesises that while evac…

  • Turning Points in International Protection: Onwards and Upwards, or U-Turns and Roundabouts

    Open Access•Jane Mcadam•ARTICLE•International Journal of Refugee…•2023

    Journal Article Turning Points in International Protection: Onwards and Upwards, or U-Turns and Roundabouts? Get access Jane McAdam Jane McAdam [email protected] Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 35, Issue 1, March 2023, Pages 1–9, https://doi.org/10.1093/ijrl/eead005 Published: 09 October 2023

  • Kaldor Centre Principles on Climate Mobility

    Open Access•Jane Mcadam, Tamara Wood•ARTICLE•International Journal of Refugee…•2023

    Journal Article Kaldor Centre Principles on Climate Mobility Get access Jane McAdam, Jane McAdam Scientia Professor of Law and Director, Kaldor Centre for International Refugee Law, Faculty of Law and Justice, UNSW Sydney, Australia Search for other works by this author on: Oxford Academic Google Scholar Tamara Wood Tamara Wood Senior Research Fellow, Kaldor Centre for International Refugee Law, Faculty of Law and Justice, UNSW Sydney, AustraliaP…

  • Will International Refugee Law Still Be Relevant in 2033

    Open Access•Jane Mcadam•ARTICLE•International Journal of Refugee…•2023

  • Time’ in Refugee Status Determination in Australia and the United Kingdom: A Clear and Present Danger from Armed Conflict

    Open Access•Michelle Foster, Hannah Gordon et al.•ARTICLE•International Journal of Refugee…•2022

    ‘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…

  • Moving beyond Refugee Law: Putting Principles on Climate Mobility into Practice

    Open Access•Jane Mcadam•ARTICLE•International Journal of Refugee…•2022

    It was a sunny Sydney afternoon in late 2006 when the phone call came through from a community radio station. Would I do an interview about ‘environmental refugees’? Sure, that’s easy, I thought. There’s no such thing. As an international refugee lawyer, my touchstone was the 1951 Refugee Convention. As we know, on its face, people fleeing environmental impacts don’t meet the definition of a refugee. Furthermore, a number of court cases over the …

  • Analysis of ‘Imminence’ in International Protection Claims: Teitiota v New Zealand and Beyond

    Open Access•Michelle Foster, Jane Mcadam•ARTICLE•International and Comparative Law…•2022•Cited by: 1•References: 1

    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…

  • Exploring the Legal Basis in Australia for Evacuations from Disasters: Avoiding Arbitrary Displacement

    Jane Mcadam•ARTICLE•University of New South Wales Law…•2022•References: 1

    The summer of 2019–20 saw Australia’s largest ever peacetime evacuation, as bushfires threatened homes, communities and lives. In 2022, thousands of people were evacuated from catastrophic floods in northern New South Wales and Queensland. As climate change amplifies the frequency and severity of extreme weather events, evacuations are likely to become increasingly common. Yet, while evacuations can protect people from imminent danger, they can a…

  • The Oxford Handbook of International Refugee Law

    Cathryn Costello, Michelle Foster et al.•BOOK•Oxford Handbook of International…•2021

    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

    Cathryn Costello, Jane Mcadam et al.•BOOK•Oxford Handbook of International…•2021

    "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…

  • The Concept of “International Protection” in the Global Compacts on Refugees and Migration

    Jane Mcadam, Tamara Wood•ARTICLE•Interventions•2021

    The adoption in 2018 of two Global Compacts, one on Refugees and the other on Migration, has reinvigorated longstanding debates about the distinction between these two groups. On the one hand, differentiating between the two is crucial to ensuring that people forced to leave their homes are not removed to any place where they face a real risk of persecution or other serious harm. On the other hand, drawing a hard line between them does not reflec…

  • Welcome a Board

    Open Access•Jane Mcadam, Geoff Gilbert•ARTICLE•International Journal of Refugee…•2021

    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

    Open Access•Jane Mcadam, Geoff Gilbert•ARTICLE•International Journal of Refugee…•2021

    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…

  • Can we still call Australia home? The right to return and the legality of Australia’s Covid-19 travel restrictions

    Regina Jefferies, Jane Mcadam et al.•ARTICLE•Australian Journal of Human Rights•2021•Cited by: 1

    In the two years since Australia logged its first COVID-19 case and sealed its borders, thousands of citizens and permanent residents were locked out. Despite having a formal right to return, their ability to come home was hampered by a ‘one size fits all’ approach to hotel quarantine, travel caps linked to state/territory capacity, and a lack of federal facilities. This article examines the legality of Australia’s entry controls in light of inte…

  • Refugee Protection in the Covid-19 Crisis and Beyond: The Capacity and Limits of International Law

    Michelle Foster, Hélène Lambert et al.•ARTICLE•University of New South Wales Law…•2021

    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…

  • A Watching Brief on the Impacts of Covid-19 on the World’s Displaced People

    Open Access•Jane Mcadam•ARTICLE•International Journal of Refugee…•2020

    The COVID-19 epidemic is challenging us all. Its health, economic, social, and personal costs are already enormous, and they will continue to grow

  • OUP accepted manuscript

    Jane Mcadam•ARTICLE•Refugee Survey Quarterly•2020•Cited by: 2

    Evacuations are a recognised form of displacement but have been largely overlooked in the forced migration literature. This is curious, given that many of the 33.4 million new internal displacements in 2019 were pre-emptive evacuations. This article examines the nature of evacuations in the context of disasters and climate change and suggests some reasons for the research gap. One reason may be the lack of clarity between pre-emptive evacuations,…

  • Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-refoulement

    Open Access•Jane Mcadam•ARTICLE•American Journal of International…•2020•Cited by: 8•References: 3

    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

  • International Law and Sea Level Rise: Report of the International Law Association Committee on International Law and Sea Level Rise

    Davor Vidas, David Freestone et al.•BOOK•International Law and Sea Level…•2019

    This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II…

  • Imminence in Refugee and Human Rights Law: A Misplaced Notion for International Protection

    Open Access•Adrienne Anderson, Michelle Foster et al.•ARTICLE•International and Comparative Law…•2019•Cited by: 2•References: 13

    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 Guiding Principles on Internal Displacement: 20 Years On

    Open Access•Jane Mcadam•ARTICLE•International Journal of Refugee…•2018

    In the 20 years since the adoption of the Guiding Principles on Internal Displacement,1 there has been a considerable shift in how the world’s displaced people are conceptualized and assisted. Recognition that internally displaced persons (IDPs) constitute the largest number of displaced people globally – far exceeding the number of refugees – has resulted from new methodologies for identifying and analysing displaced populations, shaped by the u…

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  • The Refugee in International Law

    Guy S Goodwin-Gill, Guy S Goodwin‐Gill et al.•BOOK•The refugee in international law•2007•Cited by: 27

    Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.

  • International Cooperation and Responsibility-Sharing to Protect Refugees: What, Why and How

    Open Access•Rebecca Dowd, Jane Mcadam•ARTICLE•International and Comparative Law…•2017•Cited by: 14•References: 16

    While countries that receive refugees have certain legal obligations to assist and protect them, the legal duties of other States to step in and help relieve this burden is less clear. Despite multiple proposals, a mechanism to systematically, equitably and predictably allocate responsibilities between States at a global level has still not been agreed. The UN's High-Level Summit on Addressing Large Movements of Refugees on 19 September 2016 held…

  • The Right to Asylum: Britain's 1905 Aliens Act and the Evolution of Refugee Law

    Open Access•Alison Bashford, Jane Mcadam•ARTICLE•Law and History Review•2014•Cited by: 11•References: 23

    From the 1880s, states and self-governing colonies in North and South America, across Australasia, and in southern Africa began introducing laws to regulate the entry of newly defined “undesirable immigrants.” This was a trend that intensified exclusionary powers originally passed in the 1850s to regulate Chinese migration, initially in the context of the gold rushes in California and the self-governing colony of Victoria in Australia. The entry …

  • Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-refoulement

    Open Access•Jane Mcadam•ARTICLE•American Journal of International…•2020•Cited by: 8•References: 3

    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

  • Historical Cross-Border Relocations in the Pacific: Lessons for Planned Relocations in the Context of Climate Change

    Jane Mcadam•ARTICLE•Journal of Pacific History•2014•Cited by: 6

    Perennial discussions arise about relocating whole Pacific Island communities because of the impacts of climate change. The relocation of Pacific communities to other countries is generally assumed to be a novel, futuristic idea. Yet in the mid-20th century, three such cross-border movements in the Pacific occurred, with at least another three mooted but not carried out. This paper focuses principally on the 1945 Banaban relocation from present-d…

  • Seeking Asylum under the Convention on the Rights of the Child: A case for Complementary Protection

    Jane Mcadam•ARTICLE•The International Journal of…•2006•Cited by: 6

    This chapter shows that the best interests of the child, reflecting an absolute principle of international law, are highly relevant in determining whether or not a child needs international protection. The 1924 Declaration of the Rights of the Child was the first international instrument exclusively to address the special needs of children, and the 1946 I.R.O. Accompanied children's protection claims are typically subsumed in the 'primary' applic…

  • Creating New Norms on Climate Change, Natural Disasters and Displacement: International Developments 2010–2013

    Open Access•Jane Mcadam•ARTICLE•Refuge Canada s Journal on Refuge•2014•Cited by: 5

    This article provides an account of attempts at the inter- national level to develop a normative framework relating to climate change and migration from late 2010 to mid- 2013. It traces the “catalytic effect” of paragraph 14(f) of the Cancún Adaptation Framework (adopted in December 2010), through to the concerted, but ultimately unsuccessful effort of the United Nations High Commissioner for Refugees (UNHCR) in 2011 to get states to agree to th…

  • The Duty to Move People Out of Harm’s Way in the Context of Climate Change and Disasters

    Open Access•Bruce Burson, Walter Kalin et al.•ARTICLE•Refugee Survey Quarterly•2018•Cited by: 3

    Experience shows that both sudden- and slow-onset disasters can result in displacement. Indeed, disasters now account for the largest number of newly displaced people each year - more than violence or conflict. At times, areas of land may be rendered too unsafe for continued human habitation, requiring evacuations or planned relocations of affected people. In fact, several countries are already in the process of moving, or considering moving, peo…

  • The emerging New Zealand jurisprudence on climate change, disasters and displacement

    Jane Mcadam•ARTICLE•Migration Studies•2015•Cited by: 3

    Journal Article The emerging New Zealand jurisprudence on climate change, disasters and displacement Get access Jane McAdam Jane McAdam * *Faculty of Law, University of New South Wales, NSW 2052, Australia. Email: [email protected] Search for other works by this author on: Oxford Academic Google Scholar Migration Studies, Volume 3, Issue 1, March 2015, Pages 131–142, https://doi.org/10.1093/migration/mnu055 Published: 10 March 2015

  • OUP accepted manuscript

    Jane Mcadam•ARTICLE•Refugee Survey Quarterly•2020•Cited by: 2

    Evacuations are a recognised form of displacement but have been largely overlooked in the forced migration literature. This is curious, given that many of the 33.4 million new internal displacements in 2019 were pre-emptive evacuations. This article examines the nature of evacuations in the context of disasters and climate change and suggests some reasons for the research gap. One reason may be the lack of clarity between pre-emptive evacuations,…

  • Imminence in Refugee and Human Rights Law: A Misplaced Notion for International Protection

    Open Access•Adrienne Anderson, Michelle Foster et al.•ARTICLE•International and Comparative Law…•2019•Cited by: 2•References: 13

    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 High Price of Resettlement: The proposed environmental relocation of Nauru to Australia

    Jane Mcadam•ARTICLE•Australian Geographer•2017•Cited by: 2•References: 7

    Most Australians today know the hot, rocky island of Nauru as a Pacific country to which Australia sends asylum seekers who have come by boat. Far fewer recall proposals 50 years ago to resettle th

  • Isil Year Book of International Humanitarian and Refugee Law

    Jane Mcadam•ARTICLE•International Journal of Refugee…•2002•Cited by: 2

    1Lincoln College, Oxford University 1 ISIL Year Book of International Humanitarian and Refugee Law 2001Indian Society of International LawNew Delhi

  • Evacuations as Displacement: Conceptual and Legal Challenges

    Open Access•Jane Mcadam•ARTICLE•Refugee Survey Quarterly•2024•Cited by: 1

    This article seeks to conceptualise evacuations as a form of human mobility. Although evacuations represent a large proportion of annual global “displacement” in official figures, they are rarely analysed as such and instead tend to be viewed positively as a form of rescue – saving lives by moving people away from danger. By reorienting the orthodox starting point for evacuations – the “rescue” paradigm – this article hypothesises that while evac…

  • Analysis of ‘Imminence’ in International Protection Claims: Teitiota v New Zealand and Beyond

    Open Access•Michelle Foster, Jane Mcadam•ARTICLE•International and Comparative Law…•2022•Cited by: 1•References: 1

    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…

  • Can we still call Australia home? The right to return and the legality of Australia’s Covid-19 travel restrictions

    Regina Jefferies, Jane Mcadam et al.•ARTICLE•Australian Journal of Human Rights•2021•Cited by: 1

    In the two years since Australia logged its first COVID-19 case and sealed its borders, thousands of citizens and permanent residents were locked out. Despite having a formal right to return, their ability to come home was hampered by a ‘one size fits all’ approach to hotel quarantine, travel caps linked to state/territory capacity, and a lack of federal facilities. This article examines the legality of Australia’s entry controls in light of inte…

  • Under Two Jurisdictions”: Immigration, Citizenship, and Self-Governance in Cross-Border Community Relocations

    Open Access•Jane Mcadam•ARTICLE•Law and History Review•2016•Cited by: 1•References: 4

    The governments of Kiribati and Fiji “should make every effort to minimise the difficulties of and inconveniences to this community which finds itself under two jurisdictions.” Our younger generation have been taught that they also have another home. There are still two homes. That's their roots. That's where they belong

  • The problem of ‘crisis migration’

    Jane Mcadam•ARTICLE•Australian Journal of Human Rights•2013•Cited by: 1•References: 1

    (2013). The problem of ‘crisis migration’. Australian Journal of Human Rights: Vol. 19, Special issue: Human mobility and human rights: the intersections, pp. 7-28

  • III. Australian Asylum Policy all at Sea: An analysis of Plaintiff M70/2011 v Minister for Immigration and Citizenship and the Australia–Malaysia Arrangement

    Open Access•Tamara Wood, Jane Mcadam•ARTICLE•International and Comparative Law…•2012•Cited by: 1•References: 9

    On 25 July 2011, the governments of Australia and Malaysia announced that they had entered into an ‘Arrangement’ for the transfer of asylum seekers. 1 Its stated aim was to deter asylum seekers from travelling by boat to Australia by providing that the next 800 asylum seekers to arrive unlawfully would be transferred to Malaysia in exchange for the resettlement of 4,000 UNHCR-approved refugees living there. 2 The joint media release by the Austra…

  • Introduction: Asylum and the Universal Declaration of Human Rights

    Jane Mcadam•ARTICLE•Refugee Survey Quarterly•2008•Cited by: 1

    Journal Article Introduction: Asylum and the Universal Declaration of Human Rights Get access Jane McAdam Jane McAdam Search for other works by this author on: Oxford Academic Google Scholar Refugee Survey Quarterly, Volume 27, Issue 3, 2008, Pages 3–12, https://doi.org/10.1093/rsq/hdn041 Published: 18 September 2008

  • Refugee Protection in Europe: Lessons of the Yugoslav Crisis

    Jane Mcadam•ARTICLE•International Journal of Refugee…•2001

    1Lincoln College, University of Oxford Refugee Protection in Europe: Lessons of the Yugoslav Crisis Joannevan Selm‐Thorburn DordrechtMartinus Nijhoff Publishers 199827890‐411‐0482‐8

  • Human Rights and Forced Displacement

    Jane Mcadam•ARTICLE•International Journal of Refugee…•2002

    1DPhil Candidate in Law, Oxford University Human Rights and Forced Displacement Anne F.BayefskyJoanFitzpatrick Martinus Nijhoff Publishers/Kluwer Law International 2000

  • Isil Year Book of International Humanitarian and Refugee Law

    Jane Mcadam•ARTICLE•International Journal of Refugee…•2002•Cited by: 2

    1Lincoln College, Oxford University 1 ISIL Year Book of International Humanitarian and Refugee Law 2001Indian Society of International LawNew Delhi

  • Australia and Europe — Worlds Apart

    Open Access•Jane Mcadam•ARTICLE•Alternative Law Journal•2003

  • The European Union Qualification Directive: The Creation of a Subsidiary Protection Regime

    Jane Mcadam•ARTICLE•International Journal of Refugee…•2005

    Journal Article The European Union Qualification Directive: The Creation of a Subsidiary Protection Regime Get access Jane McAdam Jane McAdam Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 17, Issue 3, 2005, Pages 461–516, https://doi.org/10.1093/ijrl/eei018 Published: 01 September 2005

  • Seeking Asylum under the Convention on the Rights of the Child: A case for Complementary Protection

    Jane Mcadam•ARTICLE•The International Journal of…•2006•Cited by: 6

    This chapter shows that the best interests of the child, reflecting an absolute principle of international law, are highly relevant in determining whether or not a child needs international protection. The 1924 Declaration of the Rights of the Child was the first international instrument exclusively to address the special needs of children, and the 1946 I.R.O. Accompanied children's protection claims are typically subsumed in the 'primary' applic…

  • The Refugee in International Law

    Guy S Goodwin-Gill, Guy S Goodwin‐Gill et al.•BOOK•The refugee in international law•2007•Cited by: 27

    Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.

  • Complementary Protection in International Refugee Law

    Jane Mcadam•BOOK•Complementary protection in…•2007

    This book considers the legal obligations countries have to people who do not meet the legal definition of a ‘refugee’, but who have been forcibly displaced from their homes. This is known as ‘complementary protection’, because it complements the central international instrument in this area, the 1951 Refugee Convention. Chapter 1 identifies pre-1951 examples of complementary protection, demonstrating how the content of the status afforded to ext…

  • International Migration Law: Developing Paradigms and Key Challenges

    Jane Mcadam•ARTICLE•International Journal of Refugee…•2007

    The ‘asylum–migration nexus’ is a buzzword of contemporary international policy, flagging the sometimes blurry line between traditional forms of migration (economic, educational, family) and forced migration. That line, and the premise on which it is based – namely, a dichotomous conceptualization of migration as either voluntary or coerced – risks obscuring the inherently complex and multifaceted reasons that may prompt people to move or to stay…

  • European Asylum Law and International Law

    Jane Mcadam•ARTICLE•International Journal of Refugee…•2007

    The European Union's creation of a Common European Asylum System (CEAS) may be viewed either as a noble attempt to harmonize, streamline and simplify the application of rules concerning the qualification, reception and processing of asylum seekers and refugees, or as an elaborate, strategic and piecemeal adaptation of international norms to a specific regional context. What is certain, though, is that in standardizing the various legal responses …

  • Introduction: Asylum and the Universal Declaration of Human Rights

    Jane Mcadam•ARTICLE•Refugee Survey Quarterly•2008•Cited by: 1

    Journal Article Introduction: Asylum and the Universal Declaration of Human Rights Get access Jane McAdam Jane McAdam Search for other works by this author on: Oxford Academic Google Scholar Refugee Survey Quarterly, Volume 27, Issue 3, 2008, Pages 3–12, https://doi.org/10.1093/rsq/hdn041 Published: 18 September 2008

  • Human security and non-citizens: Law, Policy, and International Affairs

    Alice Edwards, Barbara Miltner et al.•BOOK•Human security and non-citizens•2009

    The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human …

  • Human Security and Non-Citizens: Law, Policy and International Affairs

    Open Access•Barbara Miltner, Ben Saul et al.•BOOK•Human security and non-citizens•2010

    The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human …

  • Swimming against the Tide: Why a Climate Change Displacement Treaty is Not the Answer

    Jane Mcadam•ARTICLE•International Journal of Refugee…•2011

    Drawing on field work in Tuvalu, Kiribati and Bangladesh, this article argues that advocacy for a new treaty to address climate change-related movement is presently misplaced for a number of reasons. The article does not deny the real impacts that climate change is already having on communities, nor that migration is a normal adaptive response to such change. Rather, it queries the utility – and, importantly, the policy consequences – of pinning …

  • Climate Change, Forced Migration, and International Law

    Jane Mcadam•BOOK•Climate change, forced migration,…•2012

    Displacement caused by climate change is an area of growing concern. With current rises in sea levels and changes to the global climate, it is an issue of fundamental importance to the future of many parts of the world. This book critically examines whether States have obligations to protect people displaced by climate change under international refugee law, international human rights law, and the international law on statelessness. Drawing on fi…

  • Law of Asylum in the United States: 2011 Edition

    Jane Mcadam•ARTICLE•International Journal of Refugee…•2012

    Deborah Anker’s Law of Asylum in the United States is essential reading for US asylum practitioners and refugee law scholars seeking to understand the operation of asylum law in that jurisdiction, and the rationale behind it. It traces the ad hoc development of a body of US asylum and CAT84 jurisprudence over the last thirty years, providing an accessible yet detailed narrative that makes sense of the relevant legislative and case law development…

  • III. Australian Asylum Policy all at Sea: An analysis of Plaintiff M70/2011 v Minister for Immigration and Citizenship and the Australia–Malaysia Arrangement

    Open Access•Tamara Wood, Jane Mcadam•ARTICLE•International and Comparative Law…•2012•Cited by: 1•References: 9

    On 25 July 2011, the governments of Australia and Malaysia announced that they had entered into an ‘Arrangement’ for the transfer of asylum seekers. 1 Its stated aim was to deter asylum seekers from travelling by boat to Australia by providing that the next 800 asylum seekers to arrive unlawfully would be transferred to Malaysia in exchange for the resettlement of 4,000 UNHCR-approved refugees living there. 2 The joint media release by the Austra…

  • Rethinking the Origins of 'Persecution' in Refugee Law

    Jane Mcadam•ARTICLE•International Journal of Refugee…•2013

    Journal Article Rethinking the Origins of 'Persecution' in Refugee Law Get access Jane McAdam Jane McAdam Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 25, Issue 4, December 2013, Pages 667–692, https://doi.org/10.1093/ijrl/eet048 Published: 21 January 2014

  • Australia and Asylum Seekers

    Jane Mcadam•ARTICLE•International Journal of Refugee…•2013

  • The problem of ‘crisis migration’

    Jane Mcadam•ARTICLE•Australian Journal of Human Rights•2013•Cited by: 1•References: 1

    (2013). The problem of ‘crisis migration’. Australian Journal of Human Rights: Vol. 19, Special issue: Human mobility and human rights: the intersections, pp. 7-28

  • Human Rights and Forced Migration

    Jane Mcadam•CHAPTER•Oxford Handbook of Refugee and…•2014

    This chapter examines how forced migration is intertwined with human rights and human rights law. More specifically, it considers the ways in which human rights law can assist and protect forced migrants who cross an international border but do not conform to the legal definition of ‘refuge’ as spelled out in the 1951 Refugee Convention or its regional counterparts. It explains how human rights law provides a basis for granting protection to an i…

  • The Right to Asylum: Britain's 1905 Aliens Act and the Evolution of Refugee Law

    Open Access•Alison Bashford, Jane Mcadam•ARTICLE•Law and History Review•2014•Cited by: 11•References: 23

    From the 1880s, states and self-governing colonies in North and South America, across Australasia, and in southern Africa began introducing laws to regulate the entry of newly defined “undesirable immigrants.” This was a trend that intensified exclusionary powers originally passed in the 1850s to regulate Chinese migration, initially in the context of the gold rushes in California and the self-governing colony of Victoria in Australia. The entry …

  • Creating New Norms on Climate Change, Natural Disasters and Displacement: International Developments 2010–2013

    Open Access•Jane Mcadam•ARTICLE•Refuge Canada s Journal on Refuge•2014•Cited by: 5

    This article provides an account of attempts at the inter- national level to develop a normative framework relating to climate change and migration from late 2010 to mid- 2013. It traces the “catalytic effect” of paragraph 14(f) of the Cancún Adaptation Framework (adopted in December 2010), through to the concerted, but ultimately unsuccessful effort of the United Nations High Commissioner for Refugees (UNHCR) in 2011 to get states to agree to th…

  • Historical Cross-Border Relocations in the Pacific: Lessons for Planned Relocations in the Context of Climate Change

    Jane Mcadam•ARTICLE•Journal of Pacific History•2014•Cited by: 6

    Perennial discussions arise about relocating whole Pacific Island communities because of the impacts of climate change. The relocation of Pacific communities to other countries is generally assumed to be a novel, futuristic idea. Yet in the mid-20th century, three such cross-border movements in the Pacific occurred, with at least another three mooted but not carried out. This paper focuses principally on the 1945 Banaban relocation from present-d…

  • The emerging New Zealand jurisprudence on climate change, disasters and displacement

    Jane Mcadam•ARTICLE•Migration Studies•2015•Cited by: 3

    Journal Article The emerging New Zealand jurisprudence on climate change, disasters and displacement Get access Jane McAdam Jane McAdam * *Faculty of Law, University of New South Wales, NSW 2052, Australia. Email: [email protected] Search for other works by this author on: Oxford Academic Google Scholar Migration Studies, Volume 3, Issue 1, March 2015, Pages 131–142, https://doi.org/10.1093/migration/mnu055 Published: 10 March 2015

Political science (53 works) · Law (40 works) · Refugee (40 works) · Migration, Refugees, and Integration (30 works) · Sociology (25 works) · Law (23 works) · Climate Change, Adaptation, Migration (21 works) · Human rights (17 works) · Refugee law (15 works) · Geography (12 works)

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