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International refugee law and the protection of stateless persons / Michelle Foster and Hélène Lambert.

By: Contributor(s): Material type: TextTextPublication details: United Kingdom: Oxford University Press , 2019Edition: First editionDescription: xxv, 254 pages ; 24 cmISBN:
  • 9780198796015
Subject(s): Additional physical formats: Electronic version:: Statelessness and international refugee law.DDC classification:
  • 22 342.083 F7541i
Contents:
Statelessness through the prism of international refugee law : the revival of a protection issue -- A tale of two conventions : the history of international law's protection of stateless persons and refugees -- The evolving role of nationality in the protection and enjoyment of human rights -- Access to the Refugee Convention for Stateless Persons -- Statelessness as persecution : examining the causes and consequences of statelessness through the lens of refugee law -- Denial of refugee protection for stateless persons : cessation of and exclusion from protection -- Conclusion.
Summary: The book examines the extent to which the 1951 Convention relating to the Status of Refugees protects 'de jure' stateless persons. While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status. The questions addressed include the following: When is a person "without a nationality" for the purpose of the 1951 Refugee Convention? What constitutes one's country of former habitual residence as a proxy to one's country of nationality? When does being stateless give rise to a well-founded fear of persecution for reasons specified in the 1951 Refugee Convention and/or UNHCR mandate? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? How are courts assessing individual risk or threat to stateless persons?
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Includes bibliographical references (pages 221-236) and index.

Statelessness through the prism of international refugee law : the revival of a protection issue -- A tale of two conventions : the history of international law's protection of stateless persons and refugees -- The evolving role of nationality in the protection and enjoyment of human rights -- Access to the Refugee Convention for Stateless Persons -- Statelessness as persecution : examining the causes and consequences of statelessness through the lens of refugee law -- Denial of refugee protection for stateless persons : cessation of and exclusion from protection -- Conclusion.

The book examines the extent to which the 1951 Convention relating to the Status of Refugees protects 'de jure' stateless persons. While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status. The questions addressed include the following: When is a person "without a nationality" for the purpose of the 1951 Refugee Convention? What constitutes one's country of former habitual residence as a proxy to one's country of nationality? When does being stateless give rise to a well-founded fear of persecution for reasons specified in the 1951 Refugee Convention and/or UNHCR mandate? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? How are courts assessing individual risk or threat to stateless persons?

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