Nationality and Statelessness in the International Law of Refugee Status

by Eric Fripp

Overview

International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.

Product Details

ISBN-13:	9781782259213
Publisher:	Bloomsbury Academic
Publication date:	09/22/2016
Pages:	416
Product dimensions:	6.14(w) x 9.21(h) x 0.94(d)

About the Author

Eric Fripp is a barrister specialising in public, immigration and asylum law at Lamb Building, Temple.

Editorial Reviews

In this thoughtful and full exploration of refugee law, nationality and statelessness Eric Fripp explores some interesting and underdeveloped themes. Added to his earlier and excellent work from 2015, The Law and Practice of Expulsion and Exclusion from the United Kingdom, Eric is establishing himself as pre-eminent in this important and growing area of work. Nationality, citizenship and belonging are becoming increasingly important areas of contest between individuals and states.

Globalisation is not so much eroding the system of nation-states as causing its resurgence, at least for the time being. We are experiencing something of a Counter-Reformation. Linked to that, some nation states are exploring the use of nationality and citizenship status to exclude unwanted or perceived undesirable residents from their territory or, failing that, at least to deprive them of their rights as citizens.

Eric is at the forefront of exploring the legal context to this trend and his two works provide really useful analysis and material on this developing area of law.” —Free movement blog

“This book is significant for current research for three reasons: Firstly, no other study gathers in such a meticulous way the developments in the international law of nationality and statelessness relevant to the scope of article 1 of the Refugee Convention. Secondly, it supports our understanding of the meaning of nationality and statelessness in the context of claims for refugee status and other claims for protection. Thirdly, it addresses the current challenge in refugee law to holistically approach the law which is not operating in isolation, but is influenced by other areas which are themselves subject to change. These three aspects are imperative to create a framework that is responsive to people in need.

Fripp's research is stimulating and deserves readership from people in the field.” —Jourbanal of Refugee Studies.

“Fripp's analysis of article 1 of the 1951 Convention in light of developments in international law related to nationality and statelessness generally is an outstanding contribution to scholarship on the scope of protection provided to refugees, especially the broad scope of case law covered. It is also a valuable contribution to scholarship on the international law of nationality generally... Fripp's presentation is imbued throughout with reminders of what is at stake for the lives of real persons... Fripp's background as a barrister in the United Kingdom no doubt informs his excellent application of cases to his analysis. His use of cases to illustrate his points and underpin his presentation of the issues is exemplary and eminently useful.” —International Jourbanal of Refugee Law

From the Publisher