International Refugee Law and the Protection of Stateless Persons Foster Michelle University of Michigan Law SchoolPevná vazba

Statelessness and International Refugee Law 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? 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 constitutes one s country of former habitual residence as a proxy to one s country of nationality?

How are courts assessing individual risk or threat to stateless persons? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? The book draws on historical and contemporary interpretation of international law based on the travaux preparatoires to the 1951 Refugee Convention and its antecedents academic writing UNHCR policy and legal documents UN Human Rights Council resolutions UN Human Rights Committee general comments UN Secretary General reports and UN General Assembly resolutions It is also based on original comparative analysis of existing jurisprudence worldwide relating to claims to refugee status based on or around statelessness By examining statelessness through the prism of international refugee law this book fills a critical gap in existing scholarship