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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

Name: Exclusion from Protection as Refugee: An Approach to a Harmonizing Interpretation in International Law
Brand: Brill Nijhoff
SKU: 9789004349704
Price: 2128.00 HKD
Availability: InStock
Author: Yao Li
ISBN: 9789004349704

By Yao Li

Brill Nijhoff December 2017

Specifications

ISBN-13: 9789004349704
Publisher: Brill Nijhoff
Publication: December 2017
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

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; 1.
Introduction: A The Undeserving Refugee; B Objective and Methodology; 2.
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; 3.
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; 4.
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; 5.
Conclusion: Bibliography