The internal protection alternative in refugee law : treaty basis and scope of application under the 1951 Convention Relating to the Status of Refugees and its 1967 protocol / by Jessica Schultz.
By: Schultz, Jessica [author.].
Material type:
TextSeries: International refugee law series: v. 14.Description: vii, 431 pages ; 25 cm.ISBN: 9789004361959; 9004361952.Subject(s): Convention Relating to the Status of Refugees (1951 July 28) | Convention Relating to the Status of Refugees (1951 July 28). Protocols, etc. (1967 January 31) | Convention Relating to the Status of Refugees (1951 July 28) | Asylum, Right of | Refugees -- Legal status, laws, etc | Asylum, Right of | Refugees -- Legal status, laws, etcDDC classification: 342.083 | Item type | Current location | Call number | Status | Date due | Barcode | Item holds |
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Books
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Prof. G. K. Chadha Library
South Asian University |
342.083 S3874i (Browse shelf) | Available | BK00013154 |
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| 342.083 I61676 International refugee law / | 342.083 N27798 Nationality and statelessness under international law / | 342.083 R4324 Research handbook on international refugee law / | 342.083 S3874i The internal protection alternative in refugee law : | 342.083 U558 Understanding statelessness / | 342.085 A384t A theory of constitutional rights / | 342.085 A5467c Constitutional rights after globalization / |
Includes bibliographical references (pages 391-413) and index.
Introduction -- Methodology -- The treaty basis and criteria for IPA application in theory and practice -- Revisiting the treaty basis for IPA practice -- The baseline requirements for IPA application -- Beyond non-refoulement : other factors relevant to IPA application -- Procedural and evidentiary issues in the IPA analysis -- The IPA in complementary protection regimes -- IPA application : insights from Norway -- Conclusion.
Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the 'internal protection alternative' (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources. She argues that the doctrine of implied limits in human rights law can provide analytic structure to the IPA concept and reduce the risk of overly broad application.