Wednesday, February 21, 2018

Li: Exclusion from Protection as a Refugee

Yao Li (Univ. of Potsdam - Law) has published Exclusion from Protection as a Refugee: An Approach to a Harmonizing Interpretation in International Law (Brill | Nijhoff 2017). Here's the abstract:
In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.