Book contents
- Climate Change, Disasters, and the Refugee Convention
- Cambridge Asylum and Migration Studies
- Climate Change, Disasters, and the Refugee Convention
- Copyright page
- Contents
- Figures
- Series Editor’s Preface
- Acknowledgements
- Note on the Text
- Table of Cases
- Table of Treaties and Other International and Regional Instruments
- Abbreviations
- 1 Introduction
- 2 Two Disaster Paradigms
- 3 Jurisprudence on the Determination of Refugee Status in the Context of ‘Natural’ Disasters and Climate Change
- 4 Interpreting the Refugee Definition
- 5 The Temporal Scope of Being Persecuted
- 6 The Personal Scope of Being Persecuted: The Function of the Non-discrimination Norm within the Refugee Definition
- 7 Refugee Status Determination in the Context of ‘Natural’ Disasters and Climate Change
- Appendix: Taxonomy
- Bibliography
- Index
4 - Interpreting the Refugee Definition
Published online by Cambridge University Press: 18 January 2020
- Climate Change, Disasters, and the Refugee Convention
- Cambridge Asylum and Migration Studies
- Climate Change, Disasters, and the Refugee Convention
- Copyright page
- Contents
- Figures
- Series Editor’s Preface
- Acknowledgements
- Note on the Text
- Table of Cases
- Table of Treaties and Other International and Regional Instruments
- Abbreviations
- 1 Introduction
- 2 Two Disaster Paradigms
- 3 Jurisprudence on the Determination of Refugee Status in the Context of ‘Natural’ Disasters and Climate Change
- 4 Interpreting the Refugee Definition
- 5 The Temporal Scope of Being Persecuted
- 6 The Personal Scope of Being Persecuted: The Function of the Non-discrimination Norm within the Refugee Definition
- 7 Refugee Status Determination in the Context of ‘Natural’ Disasters and Climate Change
- Appendix: Taxonomy
- Bibliography
- Index
Summary
Relying on the Vienna Convention on the Law of Treaties (VCLT), this chapter explains why international human rights law is relevant to the interpretation of Article 1A(2) of the Refugee Convention. It then describes Articles 31-33 of the VCLT, which will be relied upon to address the two limitations in the dominant human rights-based interpretation of the refugee definition identified in Chapter 3.
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- Climate Change, Disasters, and the Refugee Convention , pp. 89 - 95Publisher: Cambridge University PressPrint publication year: 2020