The Refugee Definition in International Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 6 October 2023
- ISBN 9780198842644
- Binding Hardback
- No. of pages832 pages
- Size 240x168x50 mm
- Weight 1326 g
- Language English 443
Categories
Short description:
In international law the definition of refugee is widely seen as unclear. This book systematically analyses the interpretation, ordering, and interrelationship of the definition's components as well as the disputes that have arisen around it. The volume seeks to clarify propositions and demonstrate there is progress toward a working definition.
MoreLong description:
In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term.
The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.
This well-structured and insightful work provides much food for thought ... The purpose of this book is not to propose that a new legal instrument should be drafted, nor even to posit that the definition of the concept of a refugee contained in the Geneva Convention needs to be modified. Rather, it suggests that certain aspects of that definition should be authoritatively interpreted, and thus clarified. This work thus provides precious impetus to moves to harmonise the interpretation of that concept and I wholeheartedly recommend it to anyone who has an interest in this subject.
Table of Contents:
The Refugee Definition
Interpretation
Approaches, Ordering, Interrelationships, Modalities
Nationality and Statelessness
'Outside the Country...'
'Being Persecuted' and Serious Harm
'Being Persecuted' and Protection
'Being Persecuted' and the Internal Protection Alternative
The Availment Clause: 'To Avail Himself of the Protection'
Refugee Convention Reasons: 'For Reasons Of'
'Well-Founded Fear'
Conclusions
