Human Rights and The Revision of Refugee Law

This book explores the relationship between International Refugee Law and International Human Rights Law,challenging the dominant position that human rights law has led to conceptual fragmentation and restrictive practices. It argues that human rights law has erased the founding tenets of the Refugee Convention, enabling powerful states to contain refugees in their region of origin. It will be essential reading for those interested in Refugee Law, Refugee Studies, Postcolonial Legal Studies, Postmodern Critiques, and Critical Legal Theory.

Format: Paperback / softback
Length: 232 pages
Publication date: 29 April 2022
Publisher: Taylor & Francis Ltd

This book delves into the intricate relationship between International Refugee Law and International Human Rights Law, offering a critical analysis of the prevailing revisionism that has resulted in conceptual fragmentation and restrictive practices within the field of refugee law. While mainstream literature in refugee law portrays a celebratory narrative of progress, attributing this revitalization to its alignment with human rights law, the present work challenges this dominant perspective. By employing human rights logic to construct the current legal paradigm and define the criteria for determining who qualifies as a refugee, it is argued that this purportedly brought about a sense of clarity and increased enfranchisement for new, non-traditional claimants. However, this book goes beyond this surface-level analysis, unveiling the untold limits of this current paradigm. It stands as a unique and comprehensive exploration of this connection, offering a heterodox and structurally detailed review that challenges the prevailing assumptions.

The central focus of the book lies in examining the gap between modern approaches to refugee law and the unsatisfactory realities faced by individuals seeking asylum. It argues that rather than a mere evolution, human rights law has undergone a radical transformation, erasing the founding tenets of the Refugee Convention and enabling powerful states to confine refugees within their region of origin. This book serves as a valuable resource for scholars and practitioners interested in Refugee Law, Refugee Studies, Postcolonial Legal Studies, Postmodern Critiques, and Critical Legal Theory. Its relevance extends to legal professionals, particularly solicitors and barristers, as it provides essential insights into the adjudication of refugee claims.

In conclusion, this book offers a thought-provoking exploration of the complex interplay between International Refugee Law and International Human Rights Law, challenging the dominant narratives and exposing the limitations of the current legal paradigm. It serves as a valuable contribution to the field, providing insights that will be of interest to scholars, practitioners, and policymakers alike.

Weight: 430g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367541613