| Description |
1 online resource (157 p.) |
| Series |
Law and Migration Ser |
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Law and Migration Ser
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| Contents |
Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- Introduction -- I.1 Background and context of thesis -- I.2 Methodology -- Sources used and scope of the research -- Line of argumentation of the research -- I.3 Outline of research -- 1. The notion of persecution, historical background and interpretive challenges in the 21st century -- 1.1 The emergence of the notion of persecution in international refugee law -- 1.1.1 Legal developments and the progressive conceptualisation of who is a refugee in international law |
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1.1.2 The emergence of the notion of persecution as a pivotal concept in the refugee definition -- 1.1.3 Universalisation of the 1951 Convention -- 1.2 A changing geopolitical context -- 1.2.1 Interpreting the notion of persecution during the cold war polarity: a political understanding of the refugee definition -- 1.2.2 Emerging trends of displacements in the 20th century -- 1.3 Interpretive challenges -- 1.3.1 The notion of persecution: a malleable notion? -- 1.3.2 A need for consistent interpretations of the notion of persecution? -- 1.3.3 Basis of definition |
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I Persecution akin to the non-refoulement principle? -- ii The definition of persecution in international criminal law -- 1.4 Concluding remarks -- 2. Developing an interpretive framework for interpreting the notion of persecution: an assessment of the basic human rights interpretive model -- 2.1 Legal and theoretical justifications for referring to human rights as interpretive benchmarks -- 2.1.1 Teleological approach to refugee law: the 1951 Convention as a human rights instrument? -- 2.1.2 International refugee law as a self-contained regime? |
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2.1.3 The compromise: human rights as the orthodoxy? -- 2.1.4 Concluding remarks -- 2.2 The quantitative and qualitative aspects of persecution -- 2.2.1 Qualitative aspect of persecution: basic human rights used as interpretive benchmarks -- Serious harm: which human rights should be used as benchmarks? -- Basic human rights approach: a framework that is too broad? -- Basic human rights: vague notions? -- (A) Shifting the interpretive exercise to an equally vague'discursive terrain' -- (B) Human rights jurisprudence: a solution to preciseinterpretive guidance? |
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Basic human rights approach: a restrictive framework? -- 2.2.2 Quantitative aspect of persecution -- Sustained and systemic approach: a restrictive threshold? -- The basic human rights approach: a formalist and uniform threshold -- 2.3 The surrogacy principle as part of the persecution test? -- 2.3.1 The notion of state protection wrongly equated with the test of persecution? -- 2.3.2 Persecution: a bifurcated approach to the Internal Flight Alternative (IFA) test? -- 2.4 Inconsistent applications of the basic human rights framework in national jurisdictions -- 2.5 Conclusion |
| Notes |
Description based upon print version of record |
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3. Alternative proposals to the basic human rights approach for interpreting the notion of persecution |
| Subject |
Political refugees -- Legal status, laws, etc.
|
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Political refugees -- Legal status, laws, etc.
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| Form |
Electronic book
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| ISBN |
9781000097382 |
|
1000097382 |
|
1000097420 |
|
9781000097429 |
|
1003018726 |
|
9781003018728 |
|
