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Community Interests Across International Law$
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Eyal Benvenisti and Georg Nolte

Print publication date: 2018

Print ISBN-13: 9780198825210

Published to Oxford Scholarship Online: July 2018

DOI: 10.1093/oso/9780198825210.001.0001

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Community Interests in International Migration and Refugee Law

Community Interests in International Migration and Refugee Law

Chapter:
(p.341) 17 Community Interests in International Migration and Refugee Law
Source:
Community Interests Across International Law
Author(s):

Tally Kritzman-Amir

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198825210.003.0018

This chapter takes a closer look at some of the main components of international refugee law and some of the recent European practices in order to see how they resonate the notion of community obligation and convey a commitment to the common protection of human rights, in a way that deviates from a purely consent-based conception of the norms. It addresses four main points: (1) a broad interpretation of the definition of refugee in the convention relating to the status of refugees as an expression of a notion of community obligation; (2) non-refoulement as an expression of a notion of community obligation; (3) the duty to refrain from rejecting asylum-seekers at the border as an expression of a notion of community obligation; and (4) responsibility sharing as an expression of a community obligation.

Keywords:   international law, community interests, refugee law, asylum seekers, Refugee Convention, non-refoulement, human rights

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