By M. Rafiqul Islam
This e-book presents an summary of the improvement and substance of present foreign refugee legislations so one can demonstrate its gaps, caveats, and inadequacies that militate opposed to the institution of an efficient felony regime to handle mounting worldwide refugee crises. The ebook pursues a reformist schedule in the direction of affording felony assurance to all refugees generated by means of any certainly involuntary grounds.
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Additional info for An Introduction to International Refugee Law
This chapter traces the genesis and evolution of international refugee law since its institutionalisation at the end of the First and Second World Wars through to its current paradigm till to date. It highlights and comments upon the driving-force, legislative imperatives, and politics of cooperation behind various phases of development. Its evolution and application since inception has consistently been dominated by national interests of states and their politico-economic expediencies. Consequently, refugees have always been facing unwelcoming, if not hostile, environment everywhere and inordinate difficulties accessing protection by virtue of law.
20 rafiqul islam country; or who, not having a nationality and being outside the country of his[/her] former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. Events that led to this well-founded fear of persecution were to have occurred “in Europe or elsewhere before 1 January 1951” (Art. 1A). 14 It was precisely because of this reason the definition of refugee in the Convention originally included a “1951-deadline”. In the case of a person who had more than one nationality, the term “the country of his[/her] nationality” referred to each of the countries of which he/she was a national, and a person was not considered to be lacking the protection of the country of his/her nationality if, without any valid reason based on well-founded fear, he/she did not avail him/herself of the protection of one of the countries of which he/she was a national (Art.
Consequently, a coherent body of refugee protection principles and normative standard did not emerge during the inter-war era. Evolution in the Post Second World War Era The protection framework of the current international legal regime for refugees emerged as a reaction to a particular set of events occurred at a discrete time and in a specific place. These events during the Second World War resulted in the massive displacement of millions of Europeans. 9 Initially, this refugee crisis was treated as an 8 James C Hathaway, “A Reconsideration of the Underlying Premise of Refugee Law,” Harvard Law Journal 31 (1990): 140.
An Introduction to International Refugee Law by M. Rafiqul Islam