Full Description
This volume of essays examines key cutting-edge areas of international refugee law, including strategies for interpretative harmony, the rights of refugees and the standard of proof in complementary protection. Each topic is examined from a theoretical and a practical perspective in order to find solutions to the many legal issues and concerns which currently confront this area of law, and to seek ways to advance the field as a whole.
Contents
1. Introduction: the research workshop on critical issues in international refugee law and strategies towards interpretative harmony James C. Simeon; 2. From refugee to judge: on refugee law Justice Albie Sachs; 3. The impact of the standard of proof on complementary protection claims: comparative approaches in the European Union and Canada Jane McAdam; 4. Running scared since 9/11: refugees, UNHCR and the purposive approach to treaty interpretation Geoff Gilbert; 5. Asymmetrical sovereignty and the refugee: diplomatic assurances and the failure of due process, Agiza v. Sweden and Alzery v. Sweden Elspeth Guild; 6. Economic harm as a basis for refugee status and the application of human rights law to the interpretation of economic persecution Kate Jastram; 7. The fragmented nature of the international refugee regime and its consequences: a comparative analysis of the applications of the 1951 Convention Nergis Canefe.
