
Contents
-
-
-
-
-
-
-
-
-
-
-
I. Introduction I. Introduction
-
II. The Regulatory Purpose of the Body of Norms and Its Origins in Refugee Law II. The Regulatory Purpose of the Body of Norms and Its Origins in Refugee Law
-
A. The Requirement of “Persecution” in the Refugee Convention A. The Requirement of “Persecution” in the Refugee Convention
-
B. The Shift in “Actors, Norms, and Processes” and the Changing Sociology of the Field B. The Shift in “Actors, Norms, and Processes” and the Changing Sociology of the Field
-
1. The Palestinian Crisis 1. The Palestinian Crisis
-
2. State Actors and the Search for a New “Norm” Setting 2. State Actors and the Search for a New “Norm” Setting
-
3. Third World Regional Responses 3. Third World Regional Responses
-
4. The UNHCR Intervenes to Assist Western State Parties 4. The UNHCR Intervenes to Assist Western State Parties
-
5. War Refugees 5. War Refugees
-
-
-
III. Conclusion III. Conclusion
-
Selective Bibliography Selective Bibliography
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
42 Climate Change Governance, International Relations, and Politics: A Transnational Law Perspective
-
-
-
-
-
-
-
-
10 Transnational Refugee Law
Get accessSatvinder S. Juss PhD (Cantab.). FRSA, is a Professor of Law at King’s College London, and specializes in identity, integration, social justice, human rights, and constitutional law. A practising barrister, he has been on the Panel “A” of Advocates for the Welsh Government and the Equality & Human Rights Commission. He has appeared in the High Court, Court of Appeal, UK Supreme Court, and the Privy Council. He sits as Judge of the Upper Tribunal.
-
Published:14 April 2021
Cite
Abstract
The Geneva Convention on the Status of Refugees 1951 was born on the ashes of the Holocaust. Asylum law’s function has been to protect unfortunates from specifically political harms. The grant of asylum has in turn reflected a judgment that the state of origin had abused its authority. Asylum was in this way connected to tactics for reforming or challenging abusive regimes. Yet, after the Cold War, asylum law was increasingly questioned as “Eurocentric.” It made refugee law incomplete and politically partisan. The requirement of persecution rendered it obsolete. There was a futility in trying to define a refugee by a particular motivation for departure, which had no historical precedent and proved unworkable in many situations. Alternative conceptions of the refugee had to be sought by the states themselves as other “norm entrepreneurs” in “norm setting” with a consequent dispersal of authority away from the United Nations. This chapter examines the fragmentary nature of international refugee law today. It argues for a formal recognition of a body of “Transnational Refugee Law” (TRL) in the absence of a world legislative authority for norm-setting, as well as a world court for the interpretation of refugee law. Who makes the “norms” and who are the “actors” making them, is a question rarely addressed in mainstream works of refugee law.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 10 |
November 2022 | 13 |
December 2022 | 5 |
January 2023 | 11 |
February 2023 | 15 |
March 2023 | 11 |
April 2023 | 10 |
May 2023 | 6 |
June 2023 | 2 |
July 2023 | 2 |
August 2023 | 2 |
September 2023 | 8 |
October 2023 | 10 |
November 2023 | 12 |
December 2023 | 6 |
January 2024 | 5 |
February 2024 | 12 |
March 2024 | 13 |
April 2024 | 14 |
May 2024 | 8 |
June 2024 | 6 |
July 2024 | 3 |
August 2024 | 3 |
October 2024 | 5 |
November 2024 | 4 |
December 2024 | 2 |
January 2025 | 6 |
February 2025 | 4 |
March 2025 | 5 |
April 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.