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Refugee law's fact-finding crisis : truth, risk, and the wrong mistake  Cover Image E-book E-book

Refugee law's fact-finding crisis : truth, risk, and the wrong mistake

Summary: At a time when many around the world are fleeing their homes, seeking refugee protection has become a game of chance. Partly to blame is the law that governs how refugee status decision-makers resolve their doubts. This long-neglected branch of refugee law has been growing in the dark, with little guidance from the Refugee Convention and little attention from scholars. By looking closely at the Canadian jurisprudence, Hilary Evans Cameron provides the first full account of what this law is trying to accomplish in a refugee hearing. She demonstrates how a hole in the law's normative foundations is contributing to the dysfunction of one of the world's most respected refugee determination systems, and may well be undermining refugee protection across the globe. The author uses her findings to propose a new legal model of refugee status decision-making.

Record details

  • ISBN: 9781108448086
  • ISBN: 1108448089
  • ISBN: 9781108448086
  • ISBN: 1108427073
  • ISBN: 9781108427074
  • ISBN: 1108561055
  • ISBN: 9781108561051
  • ISBN: 1108551904
  • ISBN: 9781108551908
  • Physical Description: 1 online resource
    remote
  • Publisher: Cambridge [UK] ; New York, NY : Cambridge University Press, 2018.

Content descriptions

Bibliography, etc. Note: Includes bibliographical references and index.
Formatted Contents Note: Part III8 A Way Forward; The Wrong Mistake in International Refugee Law; The Principle of Non-refoulement; Refugee Status Determination Is Declaratory; The Duty to Resolve Doubt in the Claimant's Favour; The Karanakaran Approach; Traditional Common Law Legal Theory: Truth-Seeking and Inductive Inference; Karanakaran: Risk Assessment and Inference to the Best Explanation; Abductive Reasoning; Refugee Status Determination as an Abductive Risk Assessment; Explanation in a Refugee Hearing: Theory and Counter-theory; Josephson on 'the Best Explanation'; Conclusion; Index
Source of Description Note:
Print version record.
Subject: Human rights
Comparative law
Refugees -- Legal status, laws, etc
Human Rights
Droits de l'homme (Droit international)
Droit comparé
LAW -- Constitutional
LAW -- Public
Human rights
Comparative law
Refugees -- Legal status, laws, etc
Refugees
Persecution
United Nations High Commissioner for Refugees
Convention relating to the Status of Refugees (Geneva, 28 July 1951)
Fact-finding
Genre: electronic book > ebook

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