The refugee definition in international law / Hugo Storey.

Format:

Book

Author/Creator:

Storey, Hugo, author.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Refugees--Legal status, laws, etc.

Refugees.

International law.

Physical Description:

1 online resource (799 pages)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2023.

Summary:

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.

Contents:

Intro

Title Page

Copyright Page

Foreword

Preface and Acknowledgements

Outline of Contents

Detailed Contents

Table of Cases

Table of Legislation

List of Commonly Used Acronyms

1 The Refugee Definition

1 Aims of the Book

2 The Refugee Definition in International Law

3 Limits of the Refugee Definition

4 Criticisms of the Refugee Definition

5 Problems of Definition

6 The Refugee Definition and Existing Learning

7 Methodology and Outline of the Book

8 Conclusions

2 Interpretation

Introduction

1 Articles 31-33 of the Vienna Convention on the Law of Treaties 1969 (VCLT)

2 Application of VCLT Rules to the Refugee Convention

3 Interpretive Value of the Most Commonly Cited Sources

4 VCLT Rules and the EU Asylum Law

5 Conclusions

3 Approaches, Ordering, Interrelationships, Modalities

1 Main Approaches to the Refugee Definition

2 The Human Rights Approach

3 Criticisms of the Human Rights Approach

4 Responses to Criticisms of the Human Rights Approach

5 The Human Rights Approach: Advantages and Disadvantages of Specific Models

6 The Human Rights Approach and International Law

7 How Do Different Elements of the Refugee Definition Fit Together?

8 Modalities of the Refugee Definition

9 An Underlying Principle?

10 Conclusions

4 Nationality and Statelessness

1 Background

2 The International Law Framework

3 Nationality and the Refugee Definition

4 Specific Issues

5 Nationality and Evidential Issues

6 Conclusions

5 'Outside the Country …'

1 'Outside the Country'

2 'Outside the Country' and VCLT Rules

3 'Outside the Country of Former Habitual Residence'

5 Article 33(1) and Extraterritorial Application

6 'Being Persecuted' and Serious Harm

Introduction.

1 The Meaning of Being Persecuted in the Context of VCLT Rules

2 The Meaning of Being Persecuted: Personal and Material Scope

3 The Meaning of 'Being Persecuted': Modalities and Incidents

4 Temporal Scope

7 'Being Persecuted' and Protection

1 Protection and the Notion of Surrogacy

2 Persecution and Protection-Interrelationship

3 Meaning of Protection

4 Conclusions

8 'Being Persecuted' and the Internal Protection Alternative

1 Basis in VCLT Rules and Textual Location

2 The IPA Inquiry: Main Positions and Criticisms

3 The IPA in International Human Rights Law (IHRL)

4 Essential Elements of the IPA Test in Article 1A(2)-A Distillation

9 The Availment Clause: 'To Avail Himself of the Protection'

1 Availment

2 History and Background

3 Application of VCLT Rules

4 The Availment Clause Reconsidered

10 Refugee Convention Reasons: 'For Reasons Of'

1 History and Travaux Préparatoires

2 Approaches to Interpretation of the Reasons Clause

3 The Individual Reasons

4 Causal Nexus ('for Reasons of')

11 'Well-Founded Fear'

1 Well-Founded Fear

2 VCLT Considerations

3 'Well-Founded Fear': The 'Subjective Element'

4 'Well-Founded Fear': The Objective Element

12 Conclusions

1 Contents of the Working Definition

2 Nature and Status

3 How Does the Working Definition Represent Progress?

4 How Might Greater Clarity Be Achieved?

Selected Bibliography

Index.

Notes:

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (viewed on September 4, 2023).

ISBN:

9780191878558

0191878553

9780192580245

0192580248

9780192580238

019258023X

OCLC:

1396124009