Overview

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.

Full Product Details

Author:   Yao Li
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   9
Dimensions:   Width: 15.50cm , Height: 2.80cm , Length: 23.50cm
Weight:   0.756kg
ISBN:  

9789004349704

ISBN 10:   9004349707
Pages:   396
Publication Date:   05 October 2017
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

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 i Objectives of International Refugee Law ii The Nature of Granting Asylum iii Conclusion C Exclusion i Objectives of the Exclusion Clause ii Consequences of Exclusion iii Consequences of Non-exclusion iv Conclusion D Implications of International Criminal Law i Interrelations with Exclusion in Refugee Law ii Conclusion E Implications of Human Rights Law i Differences between Human Rights Law and Refugee Law ii Relationship between Human Rights Law and Refugee Law iii International Human Rights Law and Non-refoulement Obligations iv Conclusion F Intersections with Extradition Law i Principles of Extradition Law ii Hierarchy of Obligations iii Intersections of Refugee Law and Extradition Law iv Intersections of Article 1F CSR51 and Extradition Law v Conclusion 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 1 Ordinary Meaning 2 Context 3 Object and Purpose 4 Good Faith D Interpretation beyond Article 31(1) VCLT69 i Subsequent Agreement and Subsequent Practice ii Evolutionary/Dynamic Interpretation iii Analogy iv Fundamental Change Pursuant to Article 62 VCLT69 E Harmonizing Interpretation i Systemic Integration Pursuant to Article 31(3)(c) VCLT69 ii Practical Concordance iii Harmonizing Interpretation of Article 1F CSR51 F Conclusion 4 Exclusion in the Light of Harmonizing Interpretation A Introduction B General Matters in Article 1F CSR51 i Exclusion Assessment v. Criminal Trial ii Proportionality iii Inclusion before Exclusion iv Procedural Matters v Substantive Matters vi Terrorism C Article 1F(a) CSR51 i International Instruments ii Crimes against Peace iii War Crimes iv Crimes against Humanity v Genocide D Article 1F(b) CSR51 i Crime ii Serious iii Non-political iv Outside the Country of Refuge/Prior to His Admission E Article 1F(c) CSR51 i Residual Character ii Guilty iii Acts Contrary to the Principles and Purposes of the United Nations iv Offenders within Article 1F(c) CSR51 F Conclusion 5 Conclusion Bibliography

Reviews

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)

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)

Author Information

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.

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