
Contents
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Introduction Introduction
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Dominant legal approaches Dominant legal approaches
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Positivist Approach Positivist Approach
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Anthropological Approach Anthropological Approach
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Procedural Frameworks Procedural Frameworks
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Inclusion and Exclusion from Protection Inclusion and Exclusion from Protection
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Actors Actors
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Conclusion Conclusion
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Notes Notes
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References References
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43 Legal and Anthropological Approaches to International Refugee Law
Get accessKatia Bianchini is a researcher in the Department of Law & Anthropology at the Max Planck Institute for Social Anthropology. She holds a Ph.D. in law from the University of York, UK. From 2015 to 2018, she was a research fellow at the Max Planck Institute for Ethnic and Religious Diversity in Göttingen. Before engaging in research, she practised immigration law in England and the United States for ten years. Her publications pg xivinclude the book Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States (Brill/Nijhoff, 2018).
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Published:08 September 2021
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Abstract
This chapter offers an overview of the contribution of anthropology to the study of international refugee law. It starts with a review of the positivist legal approach, which has long dominated the field of international refugee law, with its focus on rules and states, and argues that this approach is unable to fully explain how refugee law is created and how it develops. Two recent strands—the transnational approach and the participatory approach—have criticized the limitations of the positivist approach and emphasized the role of transnational activities and actors in the process of lawmaking. However, these strands remain rooted in a liberal theory of international law, and they do not capture the complexities of the relevant human experiences. The chapter argues that an anthropological approach shifts the focus from states, borders, and citizenship towards the individual by combining and embedding human interpretations, behaviours, cultural contexts, and personal interactions with the law. Moreover, anthropological methods can enrich the understanding of the implementation of refugee law by empirically assessing legal issues. Beyond that, the chapter suggests areas that could benefit from future academic research at the interface of anthropology and refugee law.
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