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The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
Transforming International Institutions illuminates how a slow, quiet, subterranean process can produce big, radical change in international institutions and organizations. Drawing on historical institutionalism and interpretive tools of international law, Graham provides a novel theory of uncoordinated change over time. It highlights how early participants in a process who do not foresee the transformative potential of their acts, but nonetheless enable subsequent actors to push change in new directions to profound effect. Graham deploys this to explain how changes in UN funding rules in the 1940s and 1960s—perceived as small and made to solve immediate political disagreements—ultimately sidelined multilateral governance at the United Nations in the twenty-first century. The perception of funding rules as marginal to fundamental principles of governance, and the friendly orientation of change-initiators toward the UN, enabled this quiet transformation. Challenging the UN's reputation for rigidity and its status as a bastion of egalitarian multilateralism, Transforming International Institutions demonstrates that the UN system is susceptible to subtle change processes and that its egalitarian multilateralism governs only a fraction of the UN's operational work.
This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!