Rethinking Refugee Law Refugees and Human Rights V 7 1st Edition by Niraj Nathwani ISBN 978-9041120021 9041120025
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Product details:
ISBN 10: 9041120025
ISBN 13: 978-9041120021
Author: Niraj Nathwani
The book addresses the pressing challenges faced by refugee law in Europe, particularly the tension between restrictive immigration policies and the moral and legal obligations to protect refugees. Nathwani argues that the principle of necessity can serve as a robust theoretical framework to determine when it is unjust to repel or penalize individuals seeking refuge. This principle suggests that in situations where individuals face desperate circumstances, the costs of enforcing restrictive immigration policies become unreasonable, thereby necessitating more generous asylum practices.
Table of contents:
Chapter 1 The Purpose of Refugee Law
1.1 INTRODUCTION
1.2 THE PROBLEM
1.3 DIPLOMATIC PROTECTION
1.4 DE FACTO STATELESSNESS
1.5 HUMAN RIGHTS
1.6 MUTUAL AID
1.7 NECESSITY: THE LIMITS OF DETERRENCE
1.8 CONCLUSIONS
Chapter 2 Current Strategies to Restrict the Scope of the Refugee Concept
2.1 PERSECUTION AND STATE RESPONSIBILITY
2.2 WELL FOUNDED FEAR AS OBJECTIVE STANDARD
2.3 ATTEMPTS TO LIMIT THE SCOPE OF APPLICABLE HUMAN RIGHTS
2.4 THE REASONS OF PERSECUTION AND DISCRIMINATION
Chapter 3 The Necessity Approach to Interpreting the Refugee Concept
3.1 PERSECUTION
3.2 WELL FOUNDED FEAR
3.3 REASONS OF PERSECUTION
Chapter 4 Asylum
4.1 THE POWER (OR RIGHT) OF THE STATE TO GRANT ASYLUM
4.2 THE DUTY OF THE STATE TO GRANT ASYLUM
4.3 ASYLUM: TEMPORARY OR PERMANENT?
4.4 ASYLUM ELSEWHERE
Chapter 5 Conclusions
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Tags: Niraj Nathwani, Nathwani, Rethinking Refugee, Law Refugees, Human Rights