State Responsibility and International Refugee Law: History, Theory, and Application

Immigration

State Responsibility and International Refugee Law: History, Theory, and Application

By Sophie Capicchiano Young
Brill Nijhoff October 2025

Specifications

ISBN-13
9789004722828
Publisher
Brill Nijhoff
Publication
October 2025
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

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Details

As a system of Public International Law (PIL), International Refugee Law (IRL) diverges from those that evolved concurrently in certain distinct ways. Though internationally recognised, with a widely ratified Convention, and with complementary regional instruments and municipal legal regimes that require adherence to its fundamental tenets, the absence of clear instances of the attribution of international State responsibility is conspicuous. This book provides a thorough inquiry into the deficiency that makes IRL so exceptional among systems of PIL, through an in-depth analysis of the evolving relationship between IRL and general PIL from the late 19th century to the present day.

Table of Contents

Abbreviations
Cases
Authorities
Introduction
Part 1 History
Chapter 1 The Law of State Responsibility, Diplomatic Protection, and the ‘Alien’
Chapter 2 Early International Responses to the ‘Refugee Question’
Chapter 3 State Responsibility and the Jewish Refugee ‘Problem’
Part 2 Theory
Chapter 4 Refugee Protection and State Responsibility in the 1951 Convention
Chapter 5 ‘Aid and Development’ in International Refugee Policy: The Reinvention of Multilateralism
Part 3 Application
Chapter 6 Jurisdiction and Attribution in International Refugee Law
Chapter 7 State Responsibility and Due Diligence Standards in International Refugee Law
Conclusion: The Legal Nature of What Remains
Bibliography
Index
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