1st Edition

Refugee Protection and the Role of Law Conflicting Identities

Edited By Susan Kneebone, Dallal Stevens, Loretta Baldassar Copyright 2014
    338 Pages
    by Routledge

    338 Pages
    by Routledge

    Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times.

    The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice.

    Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

    Part 1: Refugee Law and Protection: Fit for Purpose 60 Years On?  1. Conflicting Identities, Protection and the Role of Law, Susan Kneebone, Loretta Baldassar and Dallal Stevens  2. Creating Identities, Diminishing Protection and the Securitisation of Asylum in Europe, Roger Zetter  3. Rights and the Re-identified Refugee: An Analysis of Recent Shifts in Canadian Law, Donald Galloway  4. The Refugee Convention at 60: Still Fit for Its Purpose? Protection Tools for Protection Needs, Erika Feller  Part 2: Refugee Identities and Protection: Historical Shifts 5. Shifting Conceptions of Refugee Identity and Protection: European and Middle Eastern Approaches, Dallal Stevens 6. Refugees as Objects of Surrogate Protection: Shifting Identities, Susan Kneebone  7. Identifying Asylum Seekers as Potential Refugees: Transfers and ‘Acquired Rights’ under the Refugee Convention, Maria O'Sullivan   Part 3: Law, Power and Refugee Identity: Macro and State Perspectives  8. Conflicting Identities and Securitisation in Refugee Law: Lessons from the EU, Elspeth Guild  9. Survival Migration: Conflicting Refugee Identities in Africa, Alexander Betts  10. Transnational Law and Refugee Identity: The Worldwide Effect of European Norms, Hélène Lambert  Part 4: Refugee Identities and Protection: Micro, Social and Individual Perspectives  11. Ambivalent Policies, Uncertain Identities: Asylum-Seeking Families, Ulla Bjornberg  12. Better than our fears? Refugees in Italy between Rhetorics of Exclusion and Local Projects of Inclusion, Maurizo Ambrosini  13. Moving beyond Protection Space: Developing a Law of Asylum in South East Asia, Martin Jones  Part 5  14. Law, Identity and Protection: Concluding Reflections, Dallal Stevens, Loretta Baldassar and Susan Kneebone


    Susan Kneebone is a Professor of Law at the Faculty of Law, Monash University, Australia.

    Dallal Stevens is Associate Professor of Law in the School of Law, University of Warwick, UK.

    Loretta Baldassar is a Professor in the Department of Anthropology and Sociology at the School of Social and Cultural Studies at the University of Western Australia.

    "This book is an outstanding scholarly work on a topic of considerable public importance in Australia and elsewhere."-John Rutherford, Solicitor, LIJ