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Exclusion from Protection as a Refugee

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In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interp...
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  • 05 October 2017
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In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.
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Price: $198.00
Pages: 384
Publisher: Brill
Imprint: Brill | Nijhoff
Series: International Refugee Law Series
Publication Date: 05 October 2017
ISBN: 9789004349704
Format: Hardcover
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"The topic of this book is especially pertinent considering the revival of the exclusion clause in recent decades rendering it a ‘regular feature in refugee status determination hearings...The exclusion clause is a key provision in refugee law which ‘helps to preserve the integrity of the asylum concept’. It is vital, as the author has shown, that it is applied restrictively and that there is consistency in its interpretation and application. The study is exceptionally clear and concise particularly when analysing and interpreting key instruments such as the Refugee Convention, which can be arduous and convoluted....Li makes a compelling argument for a harmonizing approach to interpret the exclusion clause in which she successfully illustrates that this approach ‘contributes to a more human rights sensitive’ application of the exclusion clause, as well as establishing that such an approach will lead to a more comprehensive and cohesive utilization of the exclusion clause. This argument renders this study an important contribution, whereby a restrictive and human rights-centred application of the exclusion clause is welcomed, a particularly positive conclusion given recent developments in State practice." (International Journal of Refugee Law, 30/4, December 2018)
Yao Li, Ph.D. (2016), University of Cologne, former research assistant at the Institute for International Law, University of Cologne, is a research assistant at the Chair for Criminal Law and Criminal Procedure Law, University of Potsdam.