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The Refugee Definition in International Law

The Refugee Definition in International Law

The Refugee Definition in International Law

Author: Hugo Storey
Publisher: Oxford University Press
ISBN: 9780198842644
Published In: September 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,665.00

HKD 2,585.05 Save HKD 79.95 (3%)

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Description
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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.

1:The Refugee Definition

2:Interpretation

3:Approaches, Ordering, Interrelationships, Modalities

4:Nationality and Statelessness

5:'[O]utside the Country...'

6:'Being Persecuted' and Serious Harm

7:'[B]eing Persecuted' and Protection

8:'[B]eing Persecuted' and the Internal Protection Alternative

9:The Availment Clause

10:Refugee Convention Reasons

11:'Well-Founded Fear'

12:Conclusions

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