This project consists of the following key research areas:

	Weathering Uncertainty: Climate Change "Refugees" and International Law
	Complementary Protection
	War Crimes and Refugee Status: The Application and Interpretation of International Humanitarian and International Criminal Law to the Adjudication of Refugee Status in Canada, the United States, the United Kingdom, Australia and New Zealand
	Immigration Restriction and the Racial State, c. 1800 to the Present

Relevant publications and presentations for each project are listed below.

Postgraduate students wishing to work in this area of international refugee and migration law are encouraged to contact the Project Director: j.mcadam@unsw.edu.au.

Weathering Uncertainty: Climate Change "Refugees" and International Law

This project, funded by an Australian Research Council Discovery Grant, critically examines the extent to which States have obligations to ‘protect’ people displaced by climate change under international refugee law, international human rights law, and international law on statelessness. Significantly, the project will evaluate whether flight from habitat destruction should be viewed as another facet of traditional international protection, or as a new challenge requiring new legal solutions. By developing an international law framework for understanding climate-induced displacement, it will enable international and regional policymakers to devise sustainable, principled and practical solutions for so-called climate change ‘refugees’.

Based on her expertise in this area, Jane has been asked to act as an advisor to the United Nations High Commissioner for Refugees on the international law dimensions of climate-induced displacement.

Publications

J McAdam, Climate-Induced Displacement and International Law (OUP, Oxford, forthcoming 2011)

J McAdam (ed), Climate Change and Human Displacement: Multidisciplinary Perspectives (Hart Publishing, Oxford, forthcoming 2010)

‘The Legal Implications of Environmental Migration’, in E Piguet, A Pécoud and P de Guchteneire (eds), Migration, Environment and Climate Change (UNESCO, Paris, forthcoming 2010)

‘The International Law Perspective: The New Statelessness?’, in J McAdam (ed), Climate Change and Human Displacement: Multidisciplinary Perspectives (Hart Publishing, Oxford, forthcoming 2010)

‘Review Essay: From Economic Refugees to Climate Refugees?’ (2009) 10 Melbourne Journal of International Law (forthcoming)

J McAdam and M Loughry, ‘We Aren’t Refugees’, Inside Story (29 June 2009)

Guest Editor (with Tim Stephens), Australian International Law Journal (2008) on climate change.

‘Environmental Migration’, in A Betts and others (eds), Global Migration Governance (forthcoming 2009).

J McAdam and B Saul, ‘An Insecure Climate for Human Security? Climate-Induced Displacement and International Law’ in A Edwards and C Ferstman (eds) Human Security and Non-Citizens: Law, Policy and International Affairs (Cambridge University Press, Cambridge, forthcoming 2009).

J McAdam and B Saul, ‘An Insecure Climate for Human Security? Climate-Induced Displacement and International Law’ (Sydney Centre Working Paper 4, 2008).

J McAdam, ‘The Refugee Convention as a Rights Blueprint for People in Need of International Protection’ in J McAdam (ed), Forced Migration, Human Rights and Security (Hart Publishing, Oxford, 2008) 263–82.

J McAdam and M Loughry, ‘Climate-Induced Displacement and the Challenges for Protection: A Case Study from the Pacific’ (2008) 31 Forced Migration Review 51.

Conference Papers and Presentations

Invited speaker: ‘Environmental Migration Governance and International Law’ (‘Environmental Change and Its Impact on Human Societies’ Conference, The Graduate Institute, Geneva, 8–9 October 2009)

Invited speaker: ‘Climate-Induced Displacement and the Frameworks of International Human Rights and Refugee Law’ (UNSW International Research Workshop, 18–20 February 2009)

Invited speaker: ‘International Law Perspectives’ (Roundtable on Climate Change, Human Displacement and Human Rights, Canberra, 10 December 2008, organized by UNHCR and Displacement Solutions)

‘Climate Change and Human Rights’, Diplomacy Training Program (8 December 2008).

‘Climate-Induced Displacement and International Law’ (‘International Conference on Environment, Forced Migration and Social Vulnerability’, Bonn, 9–11 October 2008).

‘Environmental Migration’ (Research Workshop on ‘Global Migration Governance’, Dept of Politics and International Relations, University of Oxford, 3–4 October 2008) .

Address on ‘Climate Change “Refugees”’ to Large Law Firm Pro Bono Coordinators (Law Society of NSW, 11 June 2008)

Training on ‘Climate-Induced Displacement and International Law’, Green Cross Australia’s ‘Sea-Level Rise: A People’s Assembly’ (6–7 June 2008).

‘Climate Change and Migration’ (UNSW Environment and Development Public Forum, 23 May 2008, with Prof Andy Pitman).

Training on ‘Climate-Induced Displacement and International Law’, Green Cross Australia’s ‘Sea-Level Rise: A People’s Assembly’ (6–7 June 2008).

‘Environmental Law Forum’ ( Sydney University Law Students’ Society, 14 May 2008, with Prof Andy Pitman and Dr Tim Stephens).

‘Climate-Induced Displacement and the Challenges for Protection’ (‘An Unsettled Future? Forced Migration and Refugee Studies in the 21 st Century’, Refugee Studies Centre, University of Oxford, 7–8 December 2007).

Climate Change Seminar (with the Hon Murray Wilcox QC) (NSW Bar Association, 24 October 2007).

‘Climate Change “Refugees” and International Law: On or Off the Map?’ (Jesuit Refugee Service, Sydney, 19 September 2007).

‘Climate Change “Refugees”’, NSW Teachers’ Legal Studies Student Conference, NSW Parliament House (24 August 2007).

‘Climate Change “Refugees” and International Law: On or Off the World Map?’ Scientia Scholars and Mentors, UNSW (7 August 2007).

‘Climate-Induced Displacement and International Law’, UNSW Law Society (29 May 2007).

‘Climate Change “Refugees”’, HSC Legal Studies Student Conference, NSW Parliament House (25 May 2007).

‘Climate-Induced Displacement and International Law’ UNSW Faculty of Law Staff Seminar (23 May 2007).

‘Securing the Environment: The Challenge of Protecting Human Rights in a Changing Climate’ (Australian Human Rights Centre symposium, UNSW, 2 May 2007).

Submissions

Submission to Australia 2020 summit on ‘Population, Sustainability, Climate Change and Water’.

Media

Interview on ABC Radio National on ‘Climate Refugees’ (with Paul Barclay, Australia Talks, , 3 August 2009)

Interview on Sky News Business ‘Law TV’ on climate change ‘refugees’ and international law (22 July 2009)

Interview on ABC Radio Australia on ‘“Climate Mitigation”: A Rich Country Excuse to Do Nothing’ (with Linda Mottram, 10 December 2008).

Interview on ABC 702 on climate-induced displacement and temporary labour migration (‘Mornings’ with Deborah Cameron, 22 April 2008).

Interview on 3CR Community Radio on climate-induced displacement (with Kevin Healey and Doug Jordan, City Limits, 14 November 2007).

Interview on 3CR Community Radio on climate change ‘refugees’ (with Elizabeth Jakob, Tuesday Breakfast, 2 October 2007).

‘Climate Change Refugees and International Law’, ABC Radio National ( Perspective, 17 September 2007).

Interview on ABC Radio National on climate change ‘refugees’ (with Paul Barclay, Australia Talks, 7 June 2007).

Interview on ABC Triple J on climate change ‘refugees’ (with Kaitlyn Sawrey, Hack, 29 May 2007).

Interview on News Radio on climate change ‘refugees’ (22 May 2007).

Interview on News Radio on climate change ‘refugees’ (2 May 2007).

Interview on Radio Adelaide ‘Environmental Refugees’ (22 November 2006).

Interview on ABC Radio National The Law Report (with Anita Barraud, 17 May 2005).

Complementary Protection

'Complementary protection' describes the obligations States have under international human rights and humanitarian law towards people who are at risk of serious human rights violations in their country of origin, but who do not qualify as ‘refugees’ under the 1951 Refugee Convention. The Australian government is currently developing a system of complementary protection, which will bring Australia into line with the practices of countries like Canada, the Member States of the European Union, the United States, and (shortly) New Zealand.

Publications

GS Goodwin-Gill and J McAdam The Refugee in International Law ( Oxford University Press, Oxford, 2007).

‘The Qualification Directive: An Overview’ in K Zwaan (ed) The Qualification Directive: Central Themes, Problem Issues, and Implementation in Selected Member States (Wolf Legal Publishers, Nijmegen, 2007).

‘The Refugee Convention as a Rights Blueprint for People in Need of International Protection’ in J McAdam (ed) Forced Migration, Human Rights and Security (Hart Publishing, Oxford, 2008).

‘Regionalising International Refugee Law in the European Union: Democratic Revision or Revisionist Democracy?’ (2007) 38 Victoria University of Wellington Law Review 255.

‘The Refugee Convention as a Rights Blueprint for Persons in Need of International Protection Status’ UNHCR New Issues in Refugee Research Research Paper No 125 (Geneva 2006).

‘Seeking Asylum under the Convention on the Rights of the Child: A Case for Complementary Protection’ (2006) 14 International Journal of Children’s Rights 251.

‘Complementary Protection: A Comparative Perspective’ (2006) 15(2) Human Rights Defender 13.

‘Complementary Protection and Beyond: How States Deal with Human Rights Protection’ UNHCR New Issues in Refugee Research Working Paper No 118 ( Geneva August 2005).

‘The European Union Qualification Directive: The Creation of a Subsidiary Protection Regime’ (2005) 17(3) International Journal of Refugee Law 461.

‘Alternative Asylum Mechanisms: The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ (2004) 27 International Journal of Law and Psychiatry 627.

‘The European Union Proposal on Subsidiary Protection: An Analysis and Assessment’ UNHCR New Issues in Refugee Research Working Paper No 74 ( Geneva December 2002).

Reports

Convention Refugee Status and Subsidiary Protection Working Party: Second Report (International Association of Refugee Law Judges, Cape Town, January 2009).

Convention Refugee Status and Subsidiary Protection Working Party: First Report (International Association of Refugee Law Judges, Mexico City, November 2006).

Conference Papers and Presentations

‘Complementary Protection and Australia’, Australian Human Rights Commission (3 November 2008) .

Co-convenor (with J-F Durieux) of Expert Workshop ‘ How Can We Make the Qualification Directive Work?’, (Refugee Studies Centre, University of Oxford, 2–3 October 2008).

‘Human Rights at the Frontier: The New Immigration Act in International Perspective’ (conference organized by the Legal Research Foundation and the Faculty of Law, Auckland University, Auckland, 18 September 2008).

‘The Standard of Proof in Complementary Protection Cases: Comparative Approaches in North America and Europe’ (Research Workshop on Critical Issues in International Refugee Law, York University, Toronto, 1–2 May 2008).

‘Extra-Convention Refugees: Complementary Protection under Human Rights Law’ (Refugee Health Research Centre Seminar Series, La Trobe University, 18 April 2007).

‘ Protecting the Rights of Migrants and Asylum Seekers’, International Association of Refugee Law Judges 7 th World Biennial Conference on ‘Forced Migration and the Advancement of International Protection: Migration, International Human Rights Law and Refugee Status Determination’ ( Mexico City, November 2006).

‘The EU Qualification Directive: An Overview’ University of Nijmegen (6 October 2006).

‘The Refugee Convention as a Lex Specialis for Protection’, International Law Association (British Branch) Conference, London (March 2006).

‘Humane Rights: The Refugee Convention as a Blueprint for Complementary Protection Status’, Moving On: Forced Migration and Human Rights Conference, Sydney (22 November 2005)..

‘Status Anxiety: Refugees in Legal Limbo’, 29 th International Congress on Law and Mental Health, Paris (July 2005).

‘“Complementary” or “Subsidiary” Protection? The Convergence of International Refugee and Human Rights Law’, Australian & NZ Society of International Law, Canberra (June 2005).

‘Seeking Refuge in Human Rights?—Subsidiary Protection in the EU’, Asylum and Migration, Policy and Practice in the EU Acceding Countries, Prague (June 2004).

‘Alternative Asylum Mechanisms: The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’, Migration, Mental Health and Human Rights Symposium (part of 28 th International Congress on Law and Mental Health) Sydney (Oct 2003).

Submissions

Submission to the Senate Standing Committee on Legal and Constitutional Affairs Migration Amendment (Complementary Protection) Bill 2009 (September 2009).

Submission No 35 to Senate Select Committee on Ministerial Discretion in Migration Matters (October 2003).

Opinion Pieces

‘Complementary Protection: Labor’s Point of Departure’ Inside Story (3 December 2008).

‘ Nauru or Nuremberg? Australia—Asylum Seekers and War Criminals’ Online Opinion (16 December 2005).

‘How Australia Protects War Criminals but Not Asylum Seekers from Torture’ Australian Policy Online (8 December 2005).

‘Complementary Protection: A Comparative Perspective’ UNHCR Australia Discussion Paper (No 2, 2005).

Media

Interview on SBS Radio on ‘Calls for Australia to Widen Refugee Protection’, on complementary protection (with Abby Dinham, 3 November 2008).

Interview on ABC Radio National on immigration detention reforms (with Richard Aedy, Life Matters, 25 September 2008).

Interview on ABC Triple J on changes to mandatory detention (with Kaitlyn Sawrey, Hack, 29 July 2008).

Interview on ABC Radio National ‘Migration, Mental Health and Human Rights’ (with Phillip Adams, Late Night Live, 1 October 2003).

Interview on ABC Radio National ‘Do We Need a New Refugee Convention?’ (with Julie McCrossin, Life Matters, 2 October 2003).

War Crimes and Refugee Status: The Application and Interpretation of International Humanitarian and International Criminal Law to the Adjudication of REfugee Status in Canada, the United States, the United Kingdom, Australia and New Zealand

This is a collaborative international project funded by the Canadian Social Sciences and Humanities Research Council International Opportunities Fund.  It involves researchers from four countries: Professor Guy Goodwin-Gill (University of Oxford), Professor Geoff Gilbert (University of Essex), Professor Kate Jastram (Berkeley), Assistant Professor James Simeon (York University, Toronto), and Associate Professor Jane McAdam (UNSW).

Through a comparative analysis of case law in the five jurisdictions mentioned above, the aims of the project are to:

a) Determine whether decision-makers cite to treaty provisions of or case law on International Humanitarian Law and International Criminal Law in deciding cases where exclusion is an issue in a claim for Convention refugee status.

b) Explore whether there is a common understanding across these states as to the meaning of International Humanitarian Law and International Criminal Law provisions relevant to refugee status determination.

c) Assess whether judges and decision-makers refer to the international law of armed conflict or international criminal law via their incorporation in UNHCR guidelines and directives.

Immigration Restriction and the Racial State, c. 1800 to the Present

This is a four-year Australian Research Council Discovery Grant which examines the history of medico-legal border control in the Asia-Pacific region. This grant is held in conjunction with two historians, Associate Professor Alison Bashford at Sydney University and Dr Sunil Amrith at the University of London.