Three approaches to the 1951 convention: The case for a dialectical approach

Chimni, B.S. (2024) Three approaches to the 1951 convention: The case for a dialectical approach. Journal of Refugee Studies. ISSN 0951-6328 (In Press)

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Abstract

This article explores three different methodological approaches to the UN 1951 Convention on the Status of Refugees—and international refugee law (IRL) more broadly. These are termed the internal, external and dialectical approaches. It is argued that the dialectical approach, which combines elements of the internal and external approaches using a materialist postcolonial perspective helps make out in the light of changing conditions a more persuasive case for liberal interpretation and reform of the 1951 Convention. Put differently, the article is about the limitations and failings of mainstream IRL scholarship, which essentially pursues an internal approach to the 1951 Convention. It is equally about the need to decolonize and transform the pedagogy and research of IRL. This article concludes with some suggestions to advance refugee rights that would allow the 1951 Convention to respond more effectively to the protection needs of refugees around the world.

Item Type: Article
Keywords: UN 1951 Convention | International refugee law (IRL) | Status of Refugees
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 28 Mar 2024 09:16
Last Modified: 28 Mar 2024 09:16
Official URL: https://doi.org/10.1093/jrs/feae011
URI: https://pure.jgu.edu.in/id/eprint/7540

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