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While the 21st century bears witness to several conflicts leading
to mass displacement, the conflict in Syria has crystallised the
need for a solid legal framework and legal certainty. This book
analyses the relevant legal instruments for the provision of a
protection status for persons fleeing to Europe from conflict and
violence. It focuses on the conceptualisation of conflict and
violence in the countries of origin and the different approaches
taken in the interpretation of them in the 1951 Refugee Convention,
the Recast Qualification Directive of the European Union and the
European Convention on Human Rights. It traces the hierarchical
order of protection granted, starting with refugee protection
status, to subsidiary protection status and finally with the
negative protection from non-refoulement. Recent case law and
asylum status determination practices of European countries
illustrate the obstacles in the interpretation as well as the
divergence in the application of the legal instruments. The book
fills an important gap in examining the current practices of key
actors, including the United Nations High Commissioner for Refugees
and European states, tracing changes in national and international
policies and revealing discrepancies towards contemporary
approaches to conflicts. It refines the interaction and
cross-fertilisation of the different relevant fields of European
asylum law, human rights law and the laws of armed conflict in
order to further the development of a harmonised protection regime
for conflict-induced displacement.
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