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Exclusion from Protection as a Refugee: An Approach to a Harmonizing Interpretation in International Law de Yao Li

Exclusion from Protection as a Refugee: An Approach to a Harmonizing Interpretation in International Law: International Refugee Law Series, cartea 9

Autor Yao Li
en Limba Engleză Hardback – 4 oct 2017
In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.
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Specificații

ISBN-13: 9789004349704
ISBN-10: 9004349707
Pagini: 384
Dimensiuni: 155 x 235 x 30 mm
Greutate: 0.98 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Refugee Law Series

Cuprins

Acknowledgements
List of Abbreviations

1 Introduction
A The Undeserving Refugee
B Objective and Methodology

2 Exclusion at the Intersection of Different Legal Systems
A Introduction
B Implications of International Refugee Law
iObjectives of International Refugee Law
iiThe Nature of Granting Asylum
iiiConclusion
C Exclusion
iObjectives of the Exclusion Clause
iiConsequences of Exclusion
iiiConsequences of Non-exclusion
ivConclusion
D Implications of International Criminal Law
iInterrelations with Exclusion in Refugee Law
iiConclusion
E Implications of Human Rights Law
iDifferences between Human Rights Law and Refugee Law
iiRelationship between Human Rights Law and Refugee Law
iiiInternational Human Rights Law and Non-refoulement Obligations
ivConclusion
F Intersections with Extradition Law
iPrinciples of Extradition Law
iiHierarchy of Obligations
iiiIntersections of Refugee Law and Extradition Law
ivIntersections of Article 1F CSR51 and Extradition Law
vConclusion
G Conclusion: Complementarities of International Refugee Law, International Criminal Law, Human Rights Law, Extradition Law, and the Exclusion Clause

3 Harmonizing Interpretation in International Law
A Introduction
B The Objective: Including Principles with a Principled Method
C Interpretation According to Article 31(1) VCLT69
1Ordinary Meaning
2Context
3Object and Purpose
4Good Faith
D Interpretation beyond Article 31(1) VCLT69
iSubsequent Agreement and Subsequent Practice
iiEvolutionary/Dynamic Interpretation
iiiAnalogy
ivFundamental Change Pursuant to Article 62 VCLT69
E Harmonizing Interpretation
i“Systemic Integration” Pursuant to Article 31(3)(c) VCLT69
iiPractical Concordance
iiiHarmonizing Interpretation of Article 1F CSR51
F Conclusion

4 Exclusion in the Light of Harmonizing Interpretation
A Introduction
B General Matters in Article 1F CSR51
iExclusion Assessment v. Criminal Trial
iiProportionality
iiiInclusion before Exclusion
ivProcedural Matters
vSubstantive Matters
viTerrorism
C Article 1F(a) CSR51
iInternational Instruments
iiCrimes against Peace
iiiWar Crimes
ivCrimes against Humanity
vGenocide
D Article 1F(b) CSR51
iCrime
iiSerious
iiiNon-political
ivOutside the Country of Refuge/Prior to His Admission
E Article 1F(c) CSR51
iResidual Character
ii“Guilty”
iiiActs Contrary to the Principles and Purposes of the United Nations
ivOffenders within Article 1F(c) CSR51
F Conclusion

5 Conclusion
Bibliography

Notă biografică

Yao Li, Ph.D. (2016), University of Cologne, former research assistant at the Institute for International Law, University of Cologne, is a research assistant at the Chair for Criminal Law and Criminal Procedure Law, University of Potsdam.

Recenzii

"The topic of this book is especially pertinent considering the revival of the exclusion clause in recent decades rendering it a ‘regular feature in refugee status determination hearings...The exclusion clause is a key provision in refugee law which ‘helps to preserve the integrity of the asylum concept’. It is vital, as the author has shown, that it is applied restrictively and that there is consistency in its interpretation and application. The study is exceptionally clear and concise particularly when analysing and interpreting key instruments such as the Refugee Convention, which can be arduous and convoluted....Li makes a compelling argument for a harmonizing approach to interpret the exclusion clause in which she successfully illustrates that this approach ‘contributes to a more human rights sensitive’ application of the exclusion clause, as well as establishing that such an approach will lead to a more comprehensive and cohesive utilization of the exclusion clause. This argument renders this study an important contribution, whereby a restrictive and human rights-centred application of the exclusion clause is welcomed, a particularly positive conclusion given recent developments in State practice." (International Journal of Refugee Law, 30/4, December 2018)