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Exclusion from Protection as Refugee: An Approach to a Harmonizing Interpretation in International Law

Exclusion from Protection as Refugee: An Approach to a Harmonizing Interpretation in International Law

Author: Yao Li
Publisher: Brill Nijhoff
ISBN: 9789004349704
Published In: December 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,128.00

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Description
Contents

Details

In Exclusion from Protection as Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law.

Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.

Acknowledgements

List of Abbreviations

Introduction

A The Undeserving Refugee

B Objective and Methodology

Exclusion at the Intersection of Different Legal Systems

A Introduction

B Implications of International Refugee Law

i Objectives of International Refugee Law

ii The Nature of Granting Asylum

iii Conclusion

C Exclusion

i Objectives of the Exclusion Clause

ii Consequences of Exclusion

iii Consequences of Non-exclusion

iv Conclusion

D Implications of International Criminal Law

i Interrelations with Exclusion in Refugee Law

ii Conclusion

E Implications of Human Rights Law

i Differences between Human Rights Law and Refugee Law

ii Relationship between Human Rights Law and Refugee Law

iii International Human Rights Law and Non-refoulement Obligations

iv Conclusion

F Intersections with Extradition Law

i Principles of Extradition Law

ii Hierarchy of Obligations

iii Intersections of Refugee Law and Extradition Law

iv Intersections of Article 1F CSR51 and Extradition Law

v Conclusion

G Conclusion: Complementarities of International Refugee Law, International Criminal Law, Human Rights Law, Extradition Law, and the Exclusion Clause

Harmonizing Interpretation in International Law

A Introduction

B The Objective: Including Principles with a Principled Method

C Interpretation According to Article 31(1) VCLT69

1 Ordinary Meaning

2 Context

3 Object and Purpose

4 Good Faith

D Interpretation beyond Article 31(1) VCLT69

i Subsequent Agreement and Subsequent Practice

ii Evolutionary/Dynamic Interpretation

iii Analogy

iv Fundamental Change Pursuant to Article 62 VCLT69

E Harmonizing Interpretation

i “Systemic Integration” Pursuant to Article 31(3)(c) VCLT69

ii Practical Concordance

iii Harmonizing Interpretation of Article 1F CSR51

F Conclusion

Exclusion in the Light of Harmonizing Interpretation

A Introduction

B General Matters in Article 1F CSR51

i Exclusion Assessment v. Criminal Trial

ii Proportionality

iii Inclusion before Exclusion

iv Procedural Matters

v Substantive Matters

vi Terrorism

C Article 1F(a) CSR51

i International Instruments

ii Crimes against Peace

iii War Crimes

iv Crimes against Humanity

v Genocide

D Article 1F(b) CSR51

i Crime

ii Serious

iii Non-political

iv Outside the Country of Refuge/Prior to His Admission

E Article 1F(c) CSR51

i Residual Character

ii “Guilty”

iii Acts Contrary to the Principles and Purposes of the United Nations

iv Offenders within Article 1F(c) CSR51

F Conclusion

Conclusion

Bibliography

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