1st Edition

International Refugee Law

Edited By Hélène Lambert Copyright 2010

    The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.

    Contents: Introduction; Part I Historical Perspective: 'We refugees' Hannah Arendt; Territorial asylum, Paul Weis; The end of asylum? The changing nature of refugee policies in Africa, Bonaventure Rutinwa; A reconsideration of the underlying premise of refugee law, James C. Hathaway; UNCHR's contribution to the development of international refugee law: its foundations and evolution, Corrine Lewis; The politics of refugee protection, Guy S. Goodwin-Gill. Part II The 1951 Refugee Convention: Key Provisions and Implementation: Who is a refugee?, Andrew E. Schacknove; Troubled communication: cross-cultural misunderstandings in the asylum-hearing, Walter Kälin; Non-refoulement and the new asylum seekers, Guy S. Goodwin-Gill; Revitalizing the 1951 Refugee Convention, Joan Fitzpatrick. Part III Refugee Law and Its Relationship with International Human Rights Law, International Humanitarian Law and International Criminal Law: Refugee law, gender, and the human rights paradigm, Deborah E. Anker; Seeking asylum under the Convention on the Rights of the Child: a case for complementary protection, Jane McAdam; The cross-fertilization of international humanitarian law and international refugee law, Stephane Jaquemet. Part IV EU Dimension of Refugee Law: The Europeanisation of Europe's asylum policy, Elspeth Guild; Is Europe living up to its obligations to refugees?, Geoff Gilbert; Understanding refugee law in an enlarged European Union, Rosemary Byrne, Gregor Noll and Jens Vedsted-Hansen; Transnational judicial dialogue, harmonization and the common European asylum system, Hélène Lambert. Part V Challenges and Perspectives on the Future: Reforming the international refugee regime: a dialogic model, B.S. Chimni; Free movement and the world order, Satvinder S. Juss; Human security and the rights of refugees: transcending territorial and disciplinary borders, Alice Edwards. Name Index.


    Hélène Lambert is Reader in Law at the University of Westminster, UK

    '...will be useful to all those wishing to acquire a good knowledge of the main international issues concerning refugee protection in international law, and ... a useful tool for the researcher, accessing the relevant literature on the subject, and as a source for further research.' International Journal of Refugee Law 'Lambert's ideas and this collection of essays are realistic and interesting. Anyone who wishes to explore the concept involved with international refugee law and should give Lambert's volume consideration...' Law and Politics Book Review