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Rethinking Refugee Law (Refugees and Human Rights, V. 7) [Hardcover]

By Niraj Nathwani (Author)
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Item description for Rethinking Refugee Law (Refugees and Human Rights, V. 7) by Niraj Nathwani...

Refugee law faces a serious crisis in Europe. This crisis highlights the need to explain the following questions: What is the relationship between refugee law and immigration policy? How much immigration do States need to tolerate for moral and practical reasons even if they do not wish any immigration? The general legal principle of necessity offers a useful theoretical basis for refugee law. Necessity explains the conditions under which it would be unfair to fight off unwanted immigrants by deportation and punishment. Necessity also explains the conditions under which a restrictive immigration policy is not feasible at a reasonable cost versus desperate individuals. It follows that necessity overrules a restrictive immigration policy and qualifies as a robust explanation of the purpose of a fair refugee policy. This study explores the consequences of the theory of necessity for the interpretation of key concepts of refugee law (persecution, well-founded fear, reasons of persecution, asylum) and concludes that a generous refugee practice can be conceived and logically justified even if a restrictive immigration policy is a political reality.

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Item Specifications...

Studio: Springer
Pages   176
Est. Packaging Dimensions:   Length: 9.5" Width: 6.4" Height: 0.6"
Weight:   0.8 lbs.
Binding  Hardcover
Release Date   Jan 1, 2003
Publisher   Kluwer Law International
ISBN  9041120025  
ISBN13  9789041120021  

Availability  0 units.

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1Books > Subjects > Law > Constitutional Law > Constitutional Law
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Synopsis  Aug 18, 2003
This book argues that refugee law is not just based on charity, but on the legal principle of necessity which delineates the limits of deterrence in law.


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