Refugee Protection in International Law: UNHCR's Global Consultations on International Protection

doi:10.1017/CBO9780511493973

Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines key challenges that the Convention faces, including the scope of the principle of non-refoulement and the proper application of the elements of the refugee definition. The Office of the United Nations High Commissioner for Refugees (UNHCR) commissioned papers on these issues from some of the world's pre-eminent international refugee lawyers, discussed at a series of expert roundtable meetings during 2001 as part of UNHCR's Global Consultations on International Protection. The papers and roundtable conclusions are published here, together with an introduction and the landmark declaration of the 2001 Ministerial Meeting of States Parties to the Convention and/or Protocol.

'The intent of this book was in part to generate support for the legal protection framework and identify innovative approaches. The authors accomplish this by enthusiastically describing and advocating the evolving interpretation of the 1951 Convention's provisions in keeping with its humanitarian purpose. Gilbert is particularly inspirational in his condemnation and his wide embrace of harmonization of refugee law with human rights.'

Source: International Journal of Refugee Law

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vii
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List of annexes
pp viii-viii
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Notes on contributors and editors
pp ix-xiv
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Foreword
pp xv-xvi
- By Ruud Lubbers, United Nations High Commissioner for Refugees
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Preface
pp xvii-xix
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's, Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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Acknowledgments
pp xx-xx
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Expert roundtables and topics under the ‘second track’ of the Global Consultations
pp xxi-xxi
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Table of cases
pp xxii-xliv
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Table of treaties and other international instruments
pp xlv-liv
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List of abbreviations
pp lv-lx
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Part 1 - Introduction
pp 1-2
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's, Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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1.1 - Refugee protection in international law: an overall perspective
pp 3-45
- By Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's, Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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1.2 - Age and gender dimensions in international refugee law
pp 46-80
- By Alice Edwards, International refugee and human rights lawyer
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1.3 - Declaration of States Parties to the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees
pp 81-84
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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Part 2 - Non-refoulement (Article 33 of the 1951 Convention)
pp 85-86
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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2.1 - The scope and content of the principle of non-refoulement: Opinion
pp 87-177
- By Sir Elihu Lauterpacht, Fellow of Trinity College, University of Cambridge, Daniel Bethlehem, Deputy Director of the Lauterpacht Research Centre for International Law and fellow of Clare Hall, University of Cambridge
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2.2 - Summary Conclusions: the principle of non-refoulement, expert roundtable, Cambridge, July 2001
pp 178-179
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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2.3 - List of participants
pp 180-182
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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Part 3 - Illegal entry (Article 31)
pp 183-184
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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3.1 - Article 31 of the 1951 Convention Relating to the Status of Refugees: non-penalization, detention, and protection
pp 185-252
- By Guy S. Goodwin-Gill, Professor of International Refugee Law and Director of Research, Institute of European Studies University of Oxford, United Kingdom
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3.2 - Summary Conclusions: Article 31 of the 1951 Convention, expert roundtable, Geneva, November 2001
pp 253-258
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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3.3 - List of participants
pp 259-260
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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Part 4 - Membership of a particular social group (Article 1A(2))
pp 261-262
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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4.1 - Protected characteristics and social perceptions: an analysis of the meaning of ‘membership of a particular social group’
pp 263-311
- By T. Alexander Aleinikoff, Professor Georgetown University Law Center; Senior Policy Analyst Migration Policy Institute in Washington, DC
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4.2 - Summary Conclusions: membership of a particular social group, expert roundtable, San Remo, September 2001
pp 312-313
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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4.3 - List of participants
pp 314-316
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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Part 5 - Gender-related persecution (Article 1A(2))
pp 317-318
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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5.1 - Gender-related persecution
pp 319-350
- By Rodger Haines Qc, Deputy Chairperson of the New Zealand Refugee Status Appeals Authority Faculty of Law, Auckland University, New Zealand
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5.2 - Summary Conclusions: gender-related persecution, expert roundtable, San Remo, September 2001
pp 351-352
- By Erika Feller, Director Department of International Protection with the Office of the United Nations High Commissioner for Refugees in Geneva, Volker Türk, Chief of the Protection Policy and Legal Advice Section of UNHCR's Department of International Protection in Geneva, Frances Nicholson, Research and editorial consultant on refugee protection and human rights issues
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Refugee Protection in International Law

UNHCR's Global Consultations on International Protection

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