|
Books > Law > Laws of other jurisdictions & general law > Law reports
|
Buy Now
Complementary Protection in International Refugee Law (Hardcover)
Loot Price: R3,284
Discovery Miles 32 840
You Save: R707
(18%)
|
|
|
Complementary Protection in International Refugee Law (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 19 working days
|
This book represents an exciting new contribution to the field of
refugee law and human rights law. It considers the legal
obligations which countries have to people who do not meet the
legal definition of a 'refugee', but who have nonetheless been
forcibly displaced from their homes, whether due to war,
generalized violence, humanitarian disaster or torture, inhuman or
degrading treatment or punishment. This is known as 'complementary
protection', because it complements the central international
instrument in this area, the 1951 Refugee Convention. The book
analyses international human rights law to discern where such legal
obligations to protect might arise, and considers the legal status
which countries ought to provide to such people. It provides a
comprehensive overview of States' current responses to this issue,
and offers original and thoughtful suggestions for protecting such
persons within the international legal framework. This book is the
first dedicated study on 'complementary protection' - the
protection afforded by States to persons who need international
protection but fall outside the legal definition of a refugee in
article 1A(2) of the 1951 Refugee Convention. Human rights law has
extended States' international protection obligations beyond the
Refugee Convention, preventing States from removing individuals who
would be at risk of serious harm if returned to their countries of
origin. While a number of States have traditionally respected these
additional human rights obligations, they have been reluctant to
grant beneficiaries a formal legal status analogous to that enjoyed
by Convention refugees. This book provides a comprehensive analysis
of complementary protection, from its historical development
through to its contemporary application. By examining the human
rights foundations of the Convention, the architecture of
Convention rights, regional examples of complementary protection,
and principles of non-discrimination, the book argues that the
Convention acts as a type of lex specialis for persons in need of
international protection, providing a specialized blueprint for
legal status, irrespective of the legal source of the protection
obligation. Chapter 1 identifies pre-1951 examples of complementary
protection, demonstrating how the content of the status afforded to
extended categories of refugees was historically the same as that
granted to 'legal' refugees. It traces unsuccessful attempts at the
international and European levels to codify a system of
complementary protection, prior to the EU's adoption of the
Qualification Directive in 2004 and international support for an
ExCom Conclusion in 2005. The Qualification Directive, examined in
Chapter 2, represents the first supranational codification of
complementary protection, but is hampered by a hierarchical
conceptualization of protection that grants a lesser status to
beneficiaries of 'subsidiary protection' vis-a-vis Convention
refugees. Chapters 3 to 5 examine a number of human rights treaties
(CAT, ECHR, ICCPR and CRC) to identify provisions which may give
rise to a claim for international protection. Finally, Chapter 6
illustrates why all persons protected by the principle of
non-refoulement should be entitled to the same legal status as
refugees, demonstrating the Refugee Convention's role in providing
a rights blueprint for beneficiaries of complementary protection.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
|
You might also like..
|
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
