Conflict Displacement and Legal Protection: Understanding Asylum, Human Rights and Refugee Law, 1st Edition (Hardback) book cover

Conflict Displacement and Legal Protection

Understanding Asylum, Human Rights and Refugee Law, 1st Edition

By Charlotte Lülf


254 pages

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Hardback: 9781138326835
pub: 2019-02-21
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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.

Table of Contents

1. Introduction 2. Refugee Protection in the Context of Conflict and Violence 3. European Union Asylum Law and Persons Fleeing Conflict and Violence 4. European Human Rights Law Protection for Persons Fleeing Conflict and Violence 5. Conclusion

About the Author

Charlotte Lülf currently works as a researcher at the Higher Administrative Court of the State of North Rhine-Westphalia. Prior to that she was a postdoctoral researcher at the Institute for International Law of Peace and Armed Conflict in Bochum.

About the Series

Law and Migration

Law and Migration
Migration and its subsets of refugee and asylum policy are rising up the policy agenda at national and international level. Current controversies underline the need for rational and informed debate of this widely misrepresented and little understood area. Law and Migration contributes to this debate by establishing a monograph series to encourage discussion and help to inform policy in this area. The series provides a forum for leading new research principally from the Law and Legal Studies area but also from related social sciences. The series is broad in scope, covering a wide range of subjects and perspectives.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / Civil Rights
LAW / Comparative
LAW / Emigration & Immigration
LAW / International
POLITICAL SCIENCE / Political Freedom & Security / Human Rights
SOCIAL SCIENCE / Emigration & Immigration
SOCIAL SCIENCE / Disasters & Disaster Relief