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Cambridge University Press978-1-107-15931-0 — Voting Rights of RefugeesRuvi Ziegler , Foreword by Guy S. Goodwin-Gill FrontmatterMore Information

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VOTING RIGHTS OF REFUGEES

Voting Rights of Refugees develops a novel legal argument about the voting

rights of recognised 1951 Geneva Convention refugees. The main norma-

tive contention is that such refugees should have the right to vote in the

political community where they reside, assuming that this community is a

democracy and that its citizens have the right to vote. The book argues that

recognised refugees are a special category of non-citizen residents: they are

unable to participate in elections of their state of origin, do not enjoy

its diplomatic protection and consular assistance abroad, and are unable

or unwilling, owing to a well-founded fear of persecution, to return to it.

Refugees deserve to have a place in the world, in the Arendtian sense, where

their opinions are significant and their actions are effective. Their state of

asylum is the only community in which there is any realistic prospect of

political participation on their part.

dr ruvi ziegler is a tenured Lecturer in Law at the University of Read-

ing, where he is Director of the LLM Programmes in International Law,

Human Rights, and Advanced Legal Studies. He is Editor-in-Chief of the

Working Paper Series, Refugee Law Initiative, University of London; Aca-

demic Fellow of the Inner Temple; Research Associate, Refugee Studies

Centre, University of Oxford; and the Civil Liberties and Human Rights

Section Convenor of the Society of Legal Scholars. Dr Ziegler is also a

researcher at the Israel Democracy Institute, analysing questions of immi-

gration, asylum, and citizenship as part of the ‘Democratic Principles’

project.

www.cambridge.org/9781107159310

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VOTING RIGHTS OF

REFUGEES

RUVI ZIEGLERUniversity of Reading


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www.cambridge.org

Information on this title: www.cambridge.org/9781107159310

DOI: 10.1017/9781316671443

C© Ruvi Ziegler 2017

This publication is in copyright. Subject to statutory exception

and to the provisions of relevant collective licensing agreements,

no reproduction of any part may take place without the written

permission of Cambridge University Press.

First published 2017

A catalogue record for this publication is available from the British Library.

Library of Congress Cataloging-in-Publication Data

Names: Ziegler, Reuven, 1979– author.

Title: Voting rights of refugees / Ruvi Ziegler.

Description: Cambridge [UK] ; New York : University of Reading, [2017] |

Includes bibliographical references and index.

Identifiers: LCCN 2016028975 | ISBN 9781107159310

Subjects: LCSH: Refugees – Legal status, laws, etc. | Convention Relating to the

Status of Refugees (1951 July 28) | Suffrage. | Citizenship.

Classification: LCC K3230.R45 Z54 2017 | DDC 342/.072086914 – dc23

LC record available at https://lccn.loc.gov/2016028975

ISBN 978-1-107-15931-0 Hardback

Cambridge University Press has no responsibility for the persistence or accuracy

of URLs for external or third-party internet websites referred to in this publication,

and does not guarantee that any content on such websites is, or will remain,

accurate or appropriate.


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CONTENTS

Foreword by Guy S. Goodwin-Gill page ixAcknowledgements xiList of Abbreviations xivTable of Cases xviTable of Statutes xxTable of Treaties and Other International Instruments xxi

Introduction 1

part i Status and Rights of Recognised 1951 ConventionRefugees in International Law 13

1 Recognised CSR1951 Refugees in Context 15A Introduction 15

B Migration Control and State Sovereignty 16

C CSR1951 Refugees as a (Qualified) Exception to Migration

Control 20

D Recognition: Beyond Non-uniform Interpretation 26

E After Recognition: Conditional Protection from Expulsion 29

F Concluding Remarks 33

2 Rights of CSR1951 Refugees and Citizenship VotingQualifications 35A Introduction 35

B Interrelations between CSR1951 and the ICCPR 37

C Political Activities of Refugees under the CSR1951 43

D Refugee Rights under CSR1951 and the ICCPR 46

E Electoral Participation under the Migrant Workers Convention 57

F The (Failed) Attempt to Create a ‘Protected Person’ Status in

International Law 58

G Concluding Remarks 59

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vi contents

part ii Interrelations between Voting and StateCitizenship 63

3 Perspectives on the Meaning and Purposes of VotingEligibility 65A Introduction 65

B Voting Eligibility and Political Community Membership:

Prelude 66

C The Fundamentality of Voting for Individuals: Four Grounds 67

D Functions of Voting: Protection and Non-domination 74

E The Electoral Process and Social Decision Making: Three

Perspectives 78

F ‘Cultural Relativity’ Challenges and Electoral Rights 82

G ‘Core’ and ‘Penumbra’ of Rights 85

H Concluding Remarks 87

4 Perspectives on the Meaning and Purposes of StateCitizenship 89A Introduction 89

B The Multi-dimensional Character of State Citizenship 92

C ‘Liberal’ Perspectives 95

D ‘Republican’ Perspectives 100

E ‘Communitarian’ Perspectives: An Intermediary? 105

F Concluding Remarks 106

5 Citizenship Voting Qualifications: NormativeAppraisals 109A Introduction 109

B Citizenship Voting Qualifications in Historical Context: US Case

Study 110

C The Interrelations between Citizenship and Enfranchisement: Three

Positions 113

D Citizenship Voting Qualifications: Six Contentions 120

E Concluding Remarks 128

part iii Political Predicament and Remedies 131

6 Out-of-Country Voting: The Recognised CSR1951 RefugeeContext 133A Introduction 133

B Out-of-Country Voting of Voluntary Migrants 137

C Out-of-Country Voting of Conflict Forced Migrants 147


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contents vii

D Out-of-Country Voting of CSR1951 Refugees 151


7 Protecting Recognised CSR1951 Refugees outside Their Statesof Asylum 159A Introduction 159

B Locating Protection of Nationals Abroad in General International

Law 162

C The Pedigree of State Protection Abroad 164

D The Potential Emergence of a Qualified Duty to Protect Nationals

Abroad 172

E CSR1951 Refugees as Persons in Need of International

Protection 178

F The ‘Nationality of Claims’ Requirement: CSR1951 Refugees as a Special

Case 185

G Concluding Remarks 191

8 Enfranchisement of Recognised CSR1951 Refugees in Electionsof Their States of Asylum 194A Introduction 194

B The Enfranchisement Rationale 197

C The Fundamentality of Voting: Citizenship Voting Qualifications

Revisited 206

D Recognition, Integration, and Public Resistance 214


Bibliography 223Index 253


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FOREWORD

Refugees, almost by definition, are those without a community, otherthan their own, circumscribed by flight and loss. Much of the work toimprove their legal status, typified today by the 1951 Convention and1967 Protocol Relating to the Status of Refugees, sprang from the fact thatrefugees were often unable to benefit from treaties, where entitlementdepended on nationality and reciprocity. Access to the labour market,to legal assistance, and to the courts was commonly restricted, hencethe push for recognised refugees to receive national treatment whereverpossible.

This insightful study takes the argument one necessary step furtheralong the path to an effective, lasting solution. Unlike other non-citizens,as Dr Ziegler notes, refugees are protected against return to their countryof origin. How long they will enjoy asylum, however, remains indeter-minate, whether this is because of the obstacles (legal, practical, social,psychological) that can stand in the way of naturalisation or because noone can know for sure when the conditions that gave rise to their fear ofpersecution will cease and refugees may be able to go back.

Dr Ziegler takes note of these essentials, which he then combines withthe logic of protection and a subtle and sophisticated analysis of the logicof political participation. He questions the all-too-simple assumptionthat ‘citizenship’ is alone or generally a sufficient basis for the attributionand enjoyment of political rights. Instead, he opens up the subject ofcommunity membership to deeper inquiry. He looks at the intellectualunderpinnings of the state itself, at the concept of membership, and atthe particular, protected status of the refugee recognised under the 1951Convention. He highlights the critically close link between determiningeligibility to vote, on one hand, and defining a political community, onthe other, showing why political participation is so very important toindividual dignity and sense of worth, and, equally, what also are theadvantages to the community of an inclusive approach.

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x foreword

His analysis cuts a clear line between competing views of thecitizenship–residence divide, and he concludes with a strong case forthe enfranchisement of recognised Convention refugees as ‘normativelydesirable’ – they are indeed a special category of resident non-citizens,without the privilege or benefit of being able to return home, let aloneto participate in the politics of their own country. Such refugees maybe non-returnable, but their situation also has that worryingly indeter-minate aspect, mentioned earlier, which can be ameliorated by bringingthem into full membership of the political community.

Dr Ziegler’s special concern is with the recognised refugee, and heexplains clearly and powerfully why such refugees need and should receivethe imprimatur of community membership that is reflected in eligibil-ity and entitlement to vote in their country of asylum. His work breaksinto new territory, and although he might well disclaim any such inten-tion, it also has important implications beyond the refugee paradigm.Its grounded combination of international law and political theory offersvaluable insights and encouragement to other groups similarly situated,who are no less politically disenfranchised while just as rooted in theirstate of residence.

Guy S. Goodwin-GillAll Souls College

Oxford


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ACKNOWLEDGEMENTS

This book originates in a doctoral thesis at the University of Oxford.The physical and legal journey of the refugee ideally takes her from dis-placement to emplacement, from vulnerability to protection, and fromexclusion to participation. One could only wish for refugees to enjoy intheir states of asylum the kind of supportive, welcoming, and enfranchis-ing environment that I have enjoyed at Oxford as a member of LincolnCollege and of the Faculty of Law.

I was fortunate to reside throughout my doctoral studies at theMenasseh Ben Israel room, named after a great seventeenth-century Jew-ish scholar whose life journey took him from Madeira, which his familyhad to flee when he was a toddler because of the Inquisition, to theNetherlands. I am grateful to Leonard Polonsky for his generosity and toCarmella Elan-Gaston and Louise Durning at Lincoln College for theircare and support. I was lucky to serve on the Middle Common Roomcommittee as its academic officer and have acquired many dear friendswho are (in)conveniently scattered across nearly all continents.

My research was further facilitated by the generosity of the Anglo-IsraelAssociation’s Kenneth Lindsay scholarship, the Anglo-Jewish Associa-tion’s Karten scholarship, and the British Friends of Hebrew University’sHailsham scholarship. I am grateful to Sylviane Colombo, Chaim Gans,Ruth Gavison, Sandra Fredman, Menachem Mautner, and ChristopherMcCrudden for kindly supporting my applications.

As I was climbing the ‘Oxford pyramid’ (as the Faculty of Law websiteused to describe the myriad of post-graduate degrees, the BCL, the MPhil,and the DPhil), I was inspired by tutors, colleagues, and friends. Myfellow post-graduate research students entrusted me with representingthem at the Law Faculty board. I also had the opportunity to co-convene(together with Nicolas Croquet and Sarah Steele) the faculty’s HumanRights Discussion Group. The faculty’s administration was very helpfulthroughout, with special thanks to Gerladine Malloy.

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xii acknowledgments

The amicable environment of the Public International Law researchseminar’s Wednesday morning tea and cookies galore at All Souls’ Whar-ton room was something to look forward to even on a (rare) rainy day –not to mention the twice-yearly gluttonous affairs of Chez Sally andVaughan Lowe. These culinary expeditions may well have contributed tomy taking up proper running (though my international law colleagues arelikely to cast doubt on whether they meet the attribution test). Whetherat All Souls, the Missing Bean, Turl Street Kitchen, or elsewhere across thecity of dreaming spires, Eirik Bjorge, Brad Blitz, Steve Dimelow, JamesGrant, Jarrod Hepburn, Lawrence Hill-Cawthorne, Kubo Macak, VioletaMoreno-Lax, Martins Paparinskis, and others offered friendly and firmchallenges to my views. Long may they continue (to try).

Late in the (DPhil) day, I discovered the richness of the Refugee StudiesCentre, where I am now Research Associate. I had stimulating conversa-tions with many of the centre’s fellows and associates, including AlexanderBetts, Cathryn Cosello, Jean-Francois Durieux, Marıa-Teresa Gil-Bazo,Matthew Gibney, Katy Long, and Jane McAdam. Thank you for yourinsights.

It would be fair to say that I have done quite a bit of (academic)travelling: indeed, the conferencing, chattering, glass clinching, andpower-pointing ‘bug’ that has penetrated my system is now (probably)irremovable. I spent the autumn of 2010 as a visiting researcher at Har-vard Law School, affiliated with its Immigration and Refugee Clinic andits Human Rights Center (with special thanks to Adrian Vermule andDeborah Anker). At Harvard, I had stimulating encounters with Jacque-line Bhabha, Vicky Jackson, Duncan Kennedy, Alexander Keyssar, GeraldNewman, Adam Shinar, and Jed Shugerman. Popping over (in Amer-ican terms) to New Haven, I had engaging conversations with SelyaBenhabib, Heather Gerken, Michael Reisman, Patrick Weil, and StephenWizner.

I am also reminiscent of a Geneva trip, when I was sifting throughthe archives of the League of Nations, searching in vain for referencesto voting rights in the inter-war period; exploring records of the Inter-Parliamentary Union (thanks to Anders Johnsson); and brought back tocontemporary (legal) reality by colleagues at UNHCR (thanks to AliceEdwards).

On frequent visits to Israel at different stages of this project, I had thegood counsel of dear colleagues, including Shlomo Avineri, Eyal Ben-venisti, Tomer Broude, Aeyal Gross, Alon Harel, Guy Harpaz, MosheHirsch, Shai Lavi, Yael Ronen, Ilan Saban, and Yuval Shany.


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acknowledgments xiii

During the years of research, I paved several collaboration paths whichI continue to tread. Rainer Baubock at the European University Instituteinspires much of my theoretical thinking on the franchise; I am luckyto continue to benefit from his expertise and kind advice. David Cantorat the Refugee Law Initiative, University of London, invited me to joinan ambitious collaborative project which brings together refugee lawscholars the world over. Mordechai Kremnitzer at the Israel DemocracyInstitute welcomed me to the institute’s Democratic Principles project,where (Don Quixote–like) I research and write about access to the Israeliasylum system. Prior to the completion of my DPhil, I have taken up alectureship at the School of Law of the University of Reading, where I amtruly graced with excellent colleagues.

At the viva, Jeremy Waldron and Helene Lambert gave me a good run formy money with their rigorous, invigorating, and stimulating challenges.It was exactly the experience I was hoping for. My utmost thanks also goto the book’s anonymous reviewers for their helpful comments, and toFinola O’Sullivan and Lorenza Toffolon at Cambridge University Pressfor their guidance and assistance.

I feel incredibly honoured and privileged to have had Guy S Goodwin-Gill as my supervisor: to ‘tap into’ his rich knowledge and astonishinglyironclad memory and to enjoy his continuous guidance throughout theresearch, thinking, and writing process. Groucho Marx may disapprove,but the exclusive club of Guy’s supervisees is one to which I am proud tobelong.

Mark Twain said that ‘all generalizations are false, including this one’, soI better not generalise by suggesting that one cannot complete a researchproject without supportive friends. However, I will say that, when oneis blessed to have them, the journey is not just far more enjoyable butalso far more worthwhile. I could not possibly ‘name and fame’ all thosewho have extended a helping hand, offered a gracious thought, or werejust there to listen, but several comrades who have dutifully done sofrom afar deserve recognition: Aran Barniv, Guy Carmi, Maya Crabtree,Yonina R Murciano-Goroff, Shir Parsai-Barniv, Anat Shapira, and GuyZinman.

Last, but most empathically not least, I owe an enormous debt ofgratitude to my family: to my sisters, Karni, Naama, and Tammy – itmeans the world to know that you are always there, ready to supportand encourage – and to my absolutely wonderful parents, Ilana and ZviZiegler, whose wisdom, encouragement, advice, and love recognise noboundaries. I could not have asked for more.


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ABBREVIATIONS

CEDAW Convention on the Elimination of All Forms of

Discrimination against Women

CFMs conflict forced migrants

CJEU Court of Justice of the European Union

CoE Council of Europe

CRC Convention on the Rights of the Child

CSR1951 Convention Relating to the Status of Refugees

ECHR European Convention on Human Rights and

Fundamental Freedoms

EComHR European Commission of Human Rights

ECtHR European Court of Human Rights

EU European Union

First Additional Protocol Protocol 1: Enforcement of certain Rights and Freedoms

not included in Section I of the Convention (the ECHR)

GA General Assembly (of the United Nations)

GC Grand Chamber (of the European Court of Human

Rights)

HoL House of Lords (UK)

HRA Human Rights Act 1998 (UK)

HRC Human Rights Committee

IACtHR Inter-American Court of Human Rights

ICCPR International Covenant on Civil and Political Rights

ICERD International Convention on the Elimination of All

Forms of Racial Discrimination

ICESCR International Covenant on Economic, Social, and

Cultural Rights

ICJ International Court of Justice

ILC International Law Commission

IOM International Organisation for Migration

MoU Memorandum of Understandings

MS Member State (of the European Union)

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list of abbreviations xv

MWC International Convention on the Protection of the Rights

of All Migrant Workers and Members of Their Families

OAU Organisation of African Unity

OCV out-of-country voting

PACE Parliamentary Assembly (of the Council of Europe)

PCIJ Permanent Court of International Justice

RSD refugee status determination

SC Supreme Court

TEC Treaty of Amsterdam amending the Treaty on European

Union, the Treaties establishing the European

Communities, and certain related acts

TFEU Treaty on the Functioning of the European Union

UDHR Universal Declaration on Human Rights

UN United Nations

UNHCR United Nations High Commissioner for Refugees

UNRWA United Nations Relief and Works Agency for Palestine

Refugees in the Near East

VCCR Vienna Convention on Consular Relations

VCDR Vienna Convention on Diplomatic Relations

VCLT Vienna Convention on the Law of Treaties


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TABLE OF CASES

Australia

Barzideah v Minister for Immigration and Ethnic Affairs (1996) 69 FCR 417 44

Minister for Immigration and Multicultural Affairs v Khawar [2002] HCA 14 180

Minister for Immigration and Multicultural Affairs v Respondent S152 [2004] HCA 18

28

NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] HCA 6 44

Austria

Case Regarding Cessation of Refugee Status, VwGH No 2001/01/0499 (15 May 2003)

181

Canada

Canada (AG) v Ward [1993] 2 SCR 689 (20 July 1993) 22

Frank v Canada (AG) [2014] ONSC 907 (2 May 2014); [2015] ONCA 536 (20 July

2015) 142

Court of Justice of the European Union

C-300/04 Eman and Sevinger v College van Burgemeester en Wethouders van Den Haag

[2006] ECR I-08055 140

C-175,176,178,179/08 Salahadin Abdulla et al v Bundesrepublik Deutschland (2 March

2010) 33

C-650/13 Delvigne (request for a preliminary ruling from the Tribunal d’instance de

Bordeaux (France)) (6 October 2015) 177

England and Wales

Abbassi v Secretary of State for Foreign and Commonwealth Affairs [2002] EWCA (Civ)

1598 174

Adan v Secretary of State for the Home Department [1999] 1 AC 293 28

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table of cases xvii

Associated Provincial Picture Houses v Wednesbury Corporation [1947] 1 KB 223

175

AZ v Secretary of State for the Home Department [2015] EWHC 3695 83

DL (DRC) v the Entry Clearance Officer, Pretoria [2008] EWCA Civ 1420 2

E1/(OS RUSSIA) v Secretary of State for the Home Department [2012] EWCA Civ 357

31

Ghaidan v Godin-Mendoza [2004] UKHL 30 71

Horvath v Secretary of State for the Home Department [2001] 1 AC 489 180

Hoxha v SSHD [2002] EWCA Civ 1403; [2005] UKHL 19 153

Lazerevic v Secretary of State for the Home Department [1997] EWCA Civ 1007 7

Preston v Wandsworth Borough Council, R (Preston) v Lord President [2011] EWHC

3174 142

R v Immigration Appeal Tribunal and Another, ex parte Shah [1999] 2 AC 629 29

R (AHK and others) v Secretary of State for the Home Department [2009] EWCA Civ

287 205

R (Alconbury) v Secretary of State for the Environment, Transport and the Regions [2003]

2 AC 295 175

R (Al Rawi and others) v Secretary of State for Foreign and Commonwealth Affairs

[2006] EWCA Civ 1279 188

R (Daly) v Secretary of State for the Home Department [2001] 2 AC 532 175

R (European Roma Rights Centre) v Immigration Officer at Prague Airport [2004]

UKHL 55 17

R (Huang) v Secretary of State for the Home Department [2007] UKHL 11 175

R (ST (Eritrea)) v Secretary of State for the Home Department [2012] UKSC 12 30

European Court of Human Rights

Doyle v UK App no 30158/06 (Fourth Section Chamber, 6 February 2007) 142

Frodl v Austria App no 20201/04 (First Section Chamber, 8 April 2010) 139

Hilbe v Liechtenstein App no 31981/96 (Grand Chamber, 7 September 1999) 140

Hirst (No 2) v United Kingdom App no 74025/01 (Fourth Section Chamber, 30 March

2004); (Grand Chamber, 6 October 2005) 86

Ilascu and others v Moldova and Russia App no 48787/99 (Grand Chamber, 8 July

2004) 174

Kiss v Hungary App no 33802/06 (Second Section Chamber, 20 May 2010) 139

Mathieu-Mohin and Clerfayt v Belgium App no 9267/81 (2 March 1987) 55

Melnychenko v Ukraine App no 1707/02 (Second Section Chamber, 30 March 2005)

141

Saleh Sheekh v The Netherlands App no 1948/04 (Third Section Chamber, 11 January

2007) 24

Scoppola (No 3) v Italy App no 126/05 (Grand Chamber, 22 May 2012) 139

Shindler v UK App no 19480/09 (Fourth Section Chamber, 7 May 2013) 142


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xviii table of cases

Sitaropolous v Greece App no 42202/07 (First Section Chamber, 8 July 2010); (Grand

Chamber, 15 March 2012) 143

Vamos and others v. Hungary, App no 48145/14 (Second Section Chamber, 19 March

2015) 144

X v United Kingdom App no 7730/76 (28 February 1979) 142

General Claims Commission

Dickson Car Wheel Company v United Mexican States, 4 RIAA 669 (July 1931) 159

Germany

Opinion of the German Federal Constitutional Court, BVerfGE 37 (31 October 1990)

122

Opinion of the German Federal Constitutional Court, BVerfGE 83 (31 October 1990)

114

Human Rights Committee

UN Doc CCPR/C/53/D/500/1992, Communication 500/1992 Joszef Debreczeny v the

Netherlands 137

UN Doc CCPR/C/75/D/932/2000, Communication 932/2000 Gillot v France 53

Ireland

Abuissa v MJELR [2010] IEHC 366 215

Mallak v Minister for Justice Equality and Law Reform [2012] IRSC 59 216

Israel

HCJ 3992/04 Mimon-Cohen v Minister of Foreign Affairs and others (2004) PD 59(1) 49

176

Inter-American Court of Human Rights

Advisory Opinion, The Right to Information on Consular Assistance in the Framework of

the Guarantees of the Due Process of Law, (1999) ser A No 16 169

International Court of Justice

Advisory Opinion, Barcelona Traction, ICJ Rep 1970, 3 187

Advisory Opinion, Reparations for Injuries Suffered in the Service of the UN, ICJ Rep

1949, 181 163


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table of cases xix

Avena and Other Mexican Nationals (Mexico v USA), ICJ Rep 2004, 121 170

Breard (Paraguay v USA), ICJ Rep 1998, 266 168

Diallo (Republic of Guinea v DRC), ICJ Rep 2010, 692 170

Interhandel (Switzerland v USA), ICJ Rep 1959, 27 185

LaGrand (Germany v USA), ICJ Rep 2001, 466 168

Nottebohm (Lichtenstein v Guatemala), ICJ Rep 1955, 4 93

New Zealand

Refugee Appeal No 75091/04, NZRSAA 208 (28 June 2004) 43

Permanent Court of International Justice

Estonia v Lithuania (1939) PCIJ Rep, ser A/B No 76 185

Mavromartis Palestine Concessions (1924) PCIJ Rep ser A, No 2 163

Scotland

McGeoch v Lord President of the Council [2011] CSIH 679 69

South Africa

CCT 08/99 August v Electoral Commission (1999) (3) SA 1 70

CCT 23/04 Kaunda v President of the Republic of South Africa (2004) (10) BCLR 1009

174

CCT 03/09 Richter v Minister for Home Affairs and Others (2009) (3) SA 615 133

United States

Bluman et al v Federal Election Commission, 800 F Supp 2d 281 (D.D.C. 2011) 114

Cabell v Chavez-Salido, 454 US 432 (1982) 114

Dred Scott v Sanford, 60 US 393 (1857) 111

Harper v Virginia, 383 US 663 (1966) 112

Leal v Texas, No 11–5001 (2011) 170

Medellın v Texas, 552 US 491 (2008) 172

Murphy v Ramsey, 114 US 15 (1885) 112

Nika v McDaniel, Warden, and Masto, Attorney General of the State of Nevada, case no

CR94P2264 171

Perez v Brownell, 356 US 44 (1958) 36

Pope v Williams, 193 US 621 (1904) 110

Spragins v Houghton, 3 Ill 377 (1840) 110

United States v Carolene Products, 304 US 144 (1938) 209

Williams v Mississippi, 170 US 213 (1898) 112


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TABLE OF STATUTES

Canada

Citizenship Act 1946 104

Elections Act 1985 142

Germany

Basic Law 1949 25

Hungary

Constitution 2011 71

New Zealand

Electoral Act 1993 219

Immigration Act 2009 219

South Africa

Constitution of the Republic of South Africa 1996 174

Electoral Laws Amendment Act 2003 144

United Kingdom

Human Rights Act 1998 175

Immigration Act 1971 211

Ireland Act 1949 211

Representation of the People Act 1983 86

Representation of the People Act 1985 142

United States

Illegal Immigration Reform and Immigrant Responsibility Act 1996 111

Naturalization Regulations 1929 104

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TABLE OF TREATIES AND OTHER

INTERNATIONAL INSTRUMENTS

African Charter on Human and Peoples’ Rights 1969 55

American Convention on Human Rights 1969 54

Arrangement Concerning the Extension to Other Categories of Refugees of Certain

Measures Taken in Favour of Russian and Armenian Refugees 1928 179

Arrangement with regard to the Issue of Certificates to Armenian Refugees 1924

179

Arrangement with regard to the Issue of Certificates to Russian Refugees 1922 179

Cartagena Declaration on Refugees 1984 10

Charter of Fundamental Rights of the European Union 2000 176

Charter of the United Nations 1945 6

Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, and

Convention Relating to the Status of Refugees, Final Act 1951 5

Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or

Punishment 1984 11

Convention Concerning the Status of Refugees Coming from Germany 1938 179

Convention Governing the Specific Aspects of Refugee Problems in Africa 1969 10

Convention on Certain Questions relating to the Conflict of Nationality Laws 1930

89

Convention on the Elimination of All Forms of Discrimination against Women 1979

39

Convention on the Participation of Foreigners in Public Life at Local Level 1992

56

Convention on the Reduction of Cases of Multiple Nationality and Military

Obligations in Cases of Multiple Nationality 1973 3

Convention on the Reduction of Statelessness 1961 59

Convention on the Rights and Duties of States 1933 3

Convention on the Rights of the Child 1989 39

Convention on Status of Aliens 1928 17

Convention Relating to the International Status of Refugees 1933 180

Convention Relating to the Status of Refugees 1951 1

Convention Relating to the Status of Stateless Persons 1954 11

Declaration on Criteria for Free and Fair Elections 1994 138

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xxii table of treaties

Directive 2015/63/EU of 20 April 2015 of the Council on the coordination and

cooperation measures to facilitate consular protection for unrepresented citizens of

the Union in third countries 177

Directive 2011/95/EU of the European Parliament and of the Council of 13 December

2011 on Standards for the Qualification of Third-Country Nationals or Stateless

Persons as Beneficiaries of International Protection, for a Uniform Status for

refugees or for persons Eligible for Subsidiary Protection, and for the Content of

the Protection Granted (recast) 11

Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011

amending Council Directive 2003/109/EC to Extend its Scope to Beneficiaries of

International Protection 217

Directive 2001/55/EC of 20 July 2001 on Minimum Standards for Giving Temporary

Protection in the Event of a Mass Influx of Displaced Persons and on Measures

Promoting a Balance of Efforts Between Member States in Receiving such Persons

and Bearing the Consequences Thereof 11

European Convention for the Protection of Human Rights and Fundamental

Freedoms 1950 20

European Convention on Nationality 1997 200

General Framework Agreement for Peace in Bosnia and Herzegovina, Agreement on

Refugees and Displaced Persons 1995 148

International Convention on the Elimination of All Forms of Racial Discrimination

1966 11

International Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families 1990 8

International Covenant on Civil and Political Rights 1966 3

International Covenant on Economic, Social, and Cultural Rights 1966 39

Optional Protocol to the Vienna Convention on Consular Relations concerning the

Compulsory Settlement of Disputes 1963 167

Protocol I, Enforcement of certain Rights and Freedoms not included in Section I of

the Convention 1953 86

Protocol IV to the Convention for the Protection of Human Rights and Fundamental

Freedoms securing certain rights and freedoms other than those already included

in the Convention and in the First Protocol thereto 1963 199

Protocol Relating to Multiple Obligations in Certain Cases of Double Nationality 1930

93

Protocol Relating to the Status of Refugees 1967 1

Protocol to the European Convention on Consular Functions Concerning the

Protection of Refugees 1967 185

Treaty of Amsterdam Amending the Treaties Establishing the European Union, the

Treaties Establishing the European Communities and Related Treaties

1997 57


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table of treaties xxiii

Treaty on the Functioning of the European Union 2007 176

UN General Assembly, Declaration on Principles of International Law concerning

Friendly Relations and Co-operation among States in Accordance with the Charter

of the United Nations 1970 15

UN General Assembly, Declaration on Territorial Asylum 1967 23

UN General Assembly, Statute of the Office of the United Nations High Commissioner

for Refugees 1950 2

Vienna Convention on Consular Relations 1963 164

Vienna Convention on Diplomatic Relations 1961 164

Vienna Convention on the Law of Treaties 1969 2


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