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Complementary Protection in International Refugee Law


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Table of Contents

Table of Treaties and Statutes Table of Cases Abbreviations Introduction 1: The Evolution of Complementary Protection Introduction Defining Complementary Protection The 1951 Refugee Convention Complementary Protection and International Law Conclusion 2: The European Union Qualification Directive: The Creation of a Subsidiary Protection Regime Creation of the Qualification Directive The Directive's Subsidary Protection Regime Subsidiary Protection Exclusion Clauses The Content of International Protection: Substantive Rights 'Minimum Standards' - a Harmonized Approach? Conclusion 3: An Alternative Asylum Mechanism: The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Introduction The Structure of the CAT Torture Prohibition in Domestic Complementary Protection Conclusion 4: The Scope of Ill-Treatment under the ECHR and ICCPR Introduction The ECHR and Asylum Unqualified Rights Qualified Rights Protection for Socio-Economic Reasons The International Reach of the ECHR Conclusion 5: Protection and 'The Best Interests of the Child': The Convention on the Rights of the Child Introduction Special Protection of Children Under International Law The Convention on the Rights of the Child 'The Best Interests of the Child' - Article 3 The Weight to be Given to the Child's Best Interests Jurisprudence on 'The Best Interests of the Child' Conclusion 6: The Legal Status of Persons to Whom the Refugee Convention Does Not Apply Introduction The Importance of Status The Convention as a Lex Specialis and its Significance for Status The Architecture of the Refugee Convention Categories of Rights Minimum Standards of Treatment for Non-Removable Persons Conclusion Conclusion Bibliography

About the Author

Dr Jane McAdam is a lecturer in law at the University of Sydney. Prior to assuming that appointment in 2005, she held a law lectureship at Lincoln College, University of Oxford, where she undertook her doctorate on complementary protection in international refugee law. Dr McAdam is the co-author with Dr Guy S Goodwin-Gill of the forthcoming third edition of The Refugee in International Law (OUP Oxford 2006), and has published widely in the areas of international human rights law, refugee law and history. She has worked on a variety of projects with UNHCR, the European Union, the Czech-Helsinki Committee, Amnesty International, the Refugee Council of Australia and the Refugee Studies Centre at the University of Oxford. She is the former General Editor of the Oxford University Commonwealth Law Journal and is currently a member of the Editorial Board of the Sydney Law Review. She is also a member of the Management Committee of the Refugee Advice and Casework Service in Sydney.


'this book has an important role in encouraging the reader to consider the extent to which the existing framework might be applied to emerging patterns of migration and displacement. McAdam provides a solid foundation for the future analysis of issues which have the potential to shape the ongoing development of complementary protection in international law.' Modern Law Review 323, 325 An outstanding contribution to the literature [that] is necessary reading for anyone engaged with refugee protection today UNSW Law Journal ... a meticulously researched and carefully structured book, persuasively and elegantly written. Peter Billings, 28 Legal Studies 143, 148 ... a weighty analysis that covers a broad area of considerable topical interest Professor Vaughan Lowe, Chichele Professor of International Law, University of Oxford

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