Refugee Convention

Sharpe, M. (2012) The 1989 African Refugee Convention Iimovatlons, Misconceptions, and Omissions. McGill Law Journal 58(1) 1-52. 

UNHCR s Statute limits its mandate vis-a-vis Palestiniarrs. Chapter II, para. 7(c) states that the Agency s competence shall not extend to a person Who continues to receive from other organs or agencies of the United Nations protection or assistance. ... This exclusion clause was incorporated into Article ID of the Refugee Convention, and a second, inclusion clause was added later in the Convention drafting process. Article ID reads in fiilb... 

Another inconsistency between these two definitions is the application of the cessation clauses to refugee status. The status of a refugee defined under Article 1A(2) can terminate under the application of Article 1C of the Refugee Convention when s/he has taken steps to re-establish himself in his country of nationality or obtains nationality and protection in a new state and under Article IE when s/he has established residence in a second state that grants him rights equivalent to those of a national. For Palestinians, the application of these clauses is extremely problematic long-... 

BADIL (2005) Closing Protection Gaps Handbook on Protection of Palestinian Refugees in States Signatories to the 1951 Refugee Convention. Bethlehem BADIL Resource Center. 

Gibney, M. (2003) The State of Asylum Democratization, Judicialization and the Evolution of Refugee Policy. Pp. 19-46 in S. Kneebone (ed.). The Refugee Convention 50 Years On Globalization and International Law. Croydon Antony Rowe. 

Kneebone, S. (ed.) (2003) The Refugee Convention 50 Years On Globalization and International Law. Aldershot Ashgate. 

It is critical to note that, in the absence of any obligations to grant nationality under international law to stateless persons, the status that they receive under the Convention is to be recognized as stateless persons in other words, their status as a person without a nationality is merely confirmed. Article 32 of the Convention, like Article 34 of the Refugee Convention, does however urge states parties to consider granting nationality to stateless persons. 

One downside to the stateless convention, which stems from its joint history with the refugee convention, is that the... 

Articles ID, IE, and IF of the 1951 Refugee Convention and Article 1 of the 1954 Stateless Convention exclude from their protection those persons presently receiving protection or assistance from United Nations agencies other than the UNHCR, those enjoying in fact the rights and obligations of citizenship in their country of residence, and war criminals, serious non-pohtical criminals, and similar cases. 

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