The Refugee Definition in International Law

by Hugo Storey

Overview

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.

Product Details

ISBN-13:	9780198842644
Publisher:	Oxford University Press
Publication date:	01/06/2024
Pages:	832
Product dimensions:	9.31(w) x 6.42(h) x 1.72(d)

About the Author

Hugo Storey, Retired judge of Upper Tribunal, Upper Tribunal

Dr Hugo Storey, B.A. Hons (University of Sydney), B.Phil (Oxon), PhD (University of Leeds), is a recently retired judge of the Upper Tribunal (UK). He has published widely on human rights, refugee law, international law, and European law issues. He is one of the International Association of Refugee and Migration Judges' (IARMJ's) founding members and immediate past president of its European Chapter. He presently heads an IARMJ project with the European Union Asylum Agency (EUAA) (formerly EASO) which has overseen publication of 7 Judicial Analyses plus updates.

Table of Contents

1. The Refugee Definition2. Interpretation3. Approaches, Ordering, Interrelationships, Modalities4. Nationality and Statelessness5. 'Outside the Country...'6. 'Being Persecuted' and Serious Harm7. 'Being Persecuted' and Protection8. 'Being Persecuted' and the Internal Protection Alternative9. The Availment Clause: 'To Avail Himself of the Protection'10. Refugee Convention Reasons: 'For Reasons Of'11. 'Well-Founded Fear'12. Conclusions

Editorial Reviews

"This well-structured and insightful work provides much food for thought ... The purpose of this book is not to propose that a new legal instrument should be drafted, nor even to posit that the definition of the concept of a refugee contained in the Geneva Convention needs to be modified. Rather, it suggests that certain aspects of that definition should be authoritatively interpreted, and thus clarified. This work thus provides precious impetus to moves to harmonise the interpretation of that concept and I wholeheartedly recommend it to anyone who has an interest in this subject." — Koen Lenaerts, President of the Court of Justice of the European Union Luxembourg

"This is a book that many have been waiting for. Written by an author who masters the dialogue between practice and academic doctrine, it provides incisive, much-needed and timely guidance on a principled application of the refugee definition. This thought-provoking study will also satisfy readers interested in issues such as the relationship between refugee and human rights law and the relevance of refugee law to address climate-induced flight." — Walter Kälin, Professor Emeritus of Constitutional and International Law, University of Bern

"Storey helpfully charts the extent to which, despite a multiplicity of models and framings, a degree of consensus has emerged over the past three decades as to core elements of the refugee definition, as well as highlighting the areas where this remains lacking. The book's distillation of a working definition drawn from this analysis not only provides a useful tool for decision-makers and judges around the world tasked with deciding just who is to be recognised as a refugee, but its call for greater clarity can only be to the benefit of the very persons whom the Convention was designed to protect." — Bruce Burson, Manager, Refugee and Protection Stream, New Zealand Immigration and Protection Tribunal

"Dr Storey's magnum opus offers an authoritative new perspective on the refugee definition. Up to date and rich in detail, it provides cutting-edge insights into key debates, drawing on his unique experience as a refugee law judge to explain how to apply the law fairly and faithfully in practice." — Professor David Cantor, Refugee Law Initiative, University of London

From the Publisher