The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e

The 1951 Convention Relating to the Status of Refugees is the most comprehensive codification of refugee rights and has 149 State Parties. This Commentary provides an article-by-article analysis, discusses recent developments, and examines issues such as regional developments, the interrelationship between refugee law and general human rights law, and the relationship between refugee law and the law of the sea.

Format: Hardback
Length: 2032 pages
Publication date: 09 January 2024
Publisher: Oxford University Press

The Convention Relating to the Status of Refugees, adopted on July 28, 1951, in Geneva, stands as the most comprehensive codification of the rights of refugees to date. By consolidating various international instruments related to refugees, the 1951 Convention, along with its 1967 Protocol, serves as a pivotal cornerstone in the development of international refugee law. Currently, 149 States Parties have subscribed to either one or both of these instruments, demonstrating a global consensus on the definition of a refugee and the fundamental rights that should be granted to them. These facts underscore the extraordinary significance of these instruments as the indispensable legal foundation of international refugee law.

This Commentary offers a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol, article by article. It explores the interrelationships between the different articles and discusses the latest developments in international refugee law. Additionally, several thematic contributions examine issues of international refugee law of general importance, including regional developments, the interplay between refugee law and general human rights law, and the relationship between refugee law and the law of the sea.

The 1951 Convention and the 1967 Protocol are instrumental in shaping the legal framework for protecting refugees worldwide. By providing a clear definition of a refugee and outlining their fundamental rights, these instruments establish a basis for humanitarian assistance, resettlement, and the protection of refugees from persecution and violence. They also emphasize the responsibility of States to prevent and respond to refugee crises, and to cooperate with other countries in sharing the burden of hosting and supporting refugees.

Over the years, the Convention and the Protocol have been amended and expanded to address new challenges and emerging trends in refugee situations. For instance, the 1967 Protocol introduced the concept of subsidiary protection, which allows refugees to seek asylum in a third country if they face persecution in their home country or if they cannot return safely to their country of origin. This provision has been instrumental in addressing the refugee crisis in Europe and has helped to establish a more coordinated approach to refugee protection across the continent.

In conclusion, the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol are landmark instruments in the field of international refugee law. They have played a crucial role in shaping the legal framework for protecting refugees and have contributed to the global effort to address the challenges of displacement and migration. As the world continues to face complex refugee crises, the Convention and the Protocol will remain essential tools for protecting the rights and dignity of those seeking safety and a new life.

Weight: 2g
Dimension: 253 x 185 x 55 (mm)
ISBN-13: 9780192855114
Edition number: 2 Revised edition