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Books > Law > International law > Public international law > International human rights law
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Human Rights and The Revision of Refugee Law (Paperback)
Loot Price: R1,375
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Human Rights and The Revision of Refugee Law (Paperback)
Series: Law and Migration
Expected to ship within 12 - 19 working days
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This book addresses the relationship between International Refugee
Law and International Human Rights Law. Using international refugee
law's analytical turn to human rights as its object of inquiry, it
represents a critical intervention into the revisionism that has
led to conceptual fragmentation and restrictive practices.
Mainstream literature in refugee law reflects a mood of
celebration, a narrative of progress which praises the discipline's
rescue from obsolescence. This is commonly ascribed to its
repositioning alongside human rights law, its veritable rediscovery
as an arm of this far greater edifice. By using human rights logic
to construct the current legal paradigm and inform us of who
qualifies as a refugee, this purportedly lent areas of conceptual
uncertainty a set of objective, modern criteria and increased
enfranchisement to new, non-traditional claimants. The present work
challenges this dominant position by finding the untold limits of
its current paradigm. It stands alone in this orientation and
hereby represents one of the most comprehensive, heterodox and
structurally detailed reviews of this connection. The exploration
of the gap between modern approaches and the unsatisfactory
realities of seeking asylum forms the substance of this book. It
asserts, by contrast, the existence of revolution rather than
evolution. Human rights law has erased the founding tenets of the
Refugee Convention, enabling powerful states to contain refugees in
their region of origin. The book will be essential reading for
those interested in Refugee Law, Refugee Studies, Postcolonial
Legal Studies, Postmodern Critiques and Critical Legal Theory.
Additionally, given its relevance for the adjudication of refugee
claims, it will be an important resource for solicitors, barristers
and judges.
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