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Vol 21 No 10 Oct/Nov 2016

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Human Rights and the Refugee Definition: Comparative Legal Practice and Theory

Edited by: Bruce Burson, David James Cantor

ISBN13: 9789004288584
Published: March 2016
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £142.00



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Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law.

In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.

Subjects:
Human Rights and Civil Liberties, Immigration, Asylum, Refugee and Nationality Law
Contents:
Acknowledgments
Abbreviations
Notes on Contributors
1. Introduction: Interpreting the Refugee Definition via Human Rights Standards Bruce Burson and David James Cantor
2. Give Way to the Right: The Evolving Use of Human Rights in New Zealand Refugee Status Determination Bruce Burson
3. Island Nation: The Impact of International Human Rights Law on Australian Refugee Law Linda J. Kirk
4. The Human Rights Bases of Refugee Protection in Canada James C. Simeon
5. International Human Rights and US Refugee Law: Synergies and Contradictions Deborah Anker and Josh Vittor
6. International Human Rights and Refugee Law: The United Kingdom Raza Husain
7. Refugee Law Jurisprudence from Germany and Human Rights: Cutting Edge or Chilling Effect? Roland Bank
8. The Search of the Outer Edges of Non-refoulement in Europe: Exceptionality and Flagrant Breaches Cathryn Costello
9. Human Rights in Refugee Protection in Brazil Liliana Lyra Jubilut, Camila Sombra Muiños de Andrade and Camila Marques Gilberto
10. Economic Migrant or Person in Need of Protection? Socio-Economic Rights and Persecution in International Refugee Law Michelle Foster
11. An Enabling Interpretation of the Refugee Convention: Determination of Refugee Status in Light of the Convention on the Rights of Persons with Disabilities (CRPD) Andreas Dimopoulos
12. The Right to Refugee Status and the Internal Protection Alternative: What does the Law Say? Jessica Schultz and Terje Einarsen
13. [En]gendering International Refugee Protection: Are We There Yet? Heaven Crawley
14. Defining Refugees: Persecution, Surrogacy and the Human Rights Paradigm David James Cantor
15. Selected Bibliography
Index.