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International Refugee Law and Socio-Economic Rights
Refuge from Deprivation

$51.00 (C)

Part of Cambridge Studies in International and Comparative Law

  • Date Published: December 2009
  • availability: Available
  • format: Paperback
  • isbn: 9780521133364

$ 51.00 (C)

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About the Authors
  • A range of emerging refugee claims is beginning to challenge the boundaries of the Refugee Convention regime and question traditional distinctions between 'economic migrants' and 'political refugees'. This book, first published in 2007, identifies the conceptual and analytical challenges presented by claims based on socio-economic deprivation, and undertakes an assessment of the extent to which these challenges may be overcome by a creative interpretation of the Refugee Convention, consistent with correct principles of international treaty interpretation. The central argument is that, notwithstanding the dichotomy between 'economic migrants' and 'political refugees', the Refugee Convention is capable of accommodating a more complex analysis which recognizes that many claims based on socio-economic deprivation are indeed properly considered within the purview of the Refugee Convention. This, the first book to consider these issues, will be of great interest to refugee law scholars, advocates, decision-makers and non-governmental organizations.

    • The first book to consider the cutting edge issue of refugee claims based on the deprivation of socio-economic rights
    • The book contains extensive original case-law research across five common law jurisdictions on an important contemporary issue of international refugee law
    • Provides an excellent resource for refugee advocates, policy-makers (such as NGOs) and refugee decision-makers around the world
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    Reviews & endorsements

    “Foster reviews the case law of common law courts, as well as recent theoretical developments in human rights law, to build a persuasive case for including socioeconomic claims in refugee status determinations…”

    “Foster makes a strong and convincing argument that in a world where law and ethics exist outside of foreign policy considerations, the Refugee Convention clearly allows for broader inclusion of socioeconomic claims in the determination of refugee status."

    --Yale Journal of International Law: (2008) Vol 33 p 516

    "The book’s explanation of the interconnections between economic deprivation and grounds under the Convention is insightful and will push legal scholars, policy-makers and decision-makers on refugee issues, including eligibility for refugee status, to think outside the box…an ingenious reading of the Refugee Convention…"
    --(2007) 21 Journal of Refugee Studies 401 at 402-3

    "All practitioners, decision-makers, and policy-makers involved in refugee issues, plus refugee scholars and academics alike will find this book an invaluable aid...[it] will undoubtedly be regarded as a major authority in this area of scholarship, by reason of the excellent analysis of the elements of the refugee definition which it contains."
    --Susan Kneebone, Professor of Law, Deputy Director, Castan Centre for Human Rights Law, Faculty of Law, Monash University, (2008) 19 Public Law Review 328 at 330-1

    "...Michelle Foster's thorough study of the issue examines the legal aspects of determining refugee status for individuals who have already reached a developed country...this book should be of considerable use to everyone dealing with the complexities of refugee law or the practical evolution of economic, social, and cultural rights."
    --John Mathiason, H-Human-Rights, H-Net Reviews; December, 2008

    “..a magnificent book addressing a major cutting edge issue in refugee and asylum law...the analysis is grounded in theory, as well as case law from jurisdictions around the globe .. . Accessible, sophisticated writing, and evident depth in scholarship....”
    --Professor Deborah Anker, Director, Harvard Immigration and Refugee Clinical Program, Harvard Law School

    "A lucid and authoritative exposition of the reasons why the violation of socio-economic rights is included in the Refugee Convention. No responsible lawyer or judge engaged with the Convention can be without this text."
    --Rodger Haines QC, New Zealand Refugee Status Appeals Authority

    "This is an exceptional book which makes an outstanding contribution to the progressive development of international refugee law. Foster displays an extensive knowledge and understanding of the law, policy and practice. She locates this all within a clear and coherent overall conceptual framework and then advances steadily and convincingly through her argument. This book will be widely read in academic circles...It will also be of immense value to those struggling with its practical application. Foster is to be thoroughly commended for this exceptional scholarly achievement."
    --Colin Harvey, Queen’s University Belfast, Human Rights Law Review

    "I was thoroughly impressed by Dr Foster’s ability to negotiate some of the most difficult issues facing refugee decision-makers. This book is a must-read for all such decision-makers and policy-makers, and makes a valuable contribution to the international literature on refugee law."
    --Professor Penelope Mathew, Interim Director, Program in Refugee and Asylum Law, University of Michigan Law School

    "[A] stunning debut… that [is] accessible to a wider readership…Foster’s work is also structured beautifully and shows an impressive grasp of comparative jurisprudence across the common law jurisdictions she studied in her research. Her strong focus on domestic jurisprudence and her insistence on a careful and principled approach to interpreting the Convention definition should be particularly useful for refugee adjudicators."
    --Professor Mary Crock, Sydney Law School, (2008) 27 Australian Yearbook of International Law 257 at 260-1

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    Product details

    • Date Published: December 2009
    • format: Paperback
    • isbn: 9780521133364
    • length: 444 pages
    • dimensions: 229 x 152 x 23 mm
    • weight: 0.59kg
    • availability: Available
  • Table of Contents

    1. Introduction
    2. A human rights framework for interpreting the Refugee Convention
    3. Persecution and socio-economic deprivation in refugee law
    4. Rethinking the conceptual approach to socio-economic claims
    5. Economic deprivation as the reason for being persecuted
    6. Economic disadvantage and the Refugee Convention grounds
    7. Conclusions.

  • Author

    Michelle Foster, University of Melbourne
    Michelle Foster is a Senior Lecturer and Director of the Research Programme in International Refugee Law at the University of Melbourne.

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