The dawn of international refugee protection: states, tacit cooperation and non-extradition

Orchard, Phil (2017) The dawn of international refugee protection: states, tacit cooperation and non-extradition. Journal of Refugee Studies, 30 2: 282-300. doi:10.1093/jrs/few014


Author Orchard, Phil
Title The dawn of international refugee protection: states, tacit cooperation and non-extradition
Journal name Journal of Refugee Studies   Check publisher's open access policy
ISSN 0951-6328
1471-6925
Publication date 2017-06-01
Year available 2016
Sub-type Article (original research)
DOI 10.1093/jrs/few014
Open Access Status Not yet assessed
Volume 30
Issue 2
Start page 282
End page 300
Total pages 19
Place of publication Oxford, United Kingdom
Publisher Oxford University Press
Language eng
Abstract There is a long history of state efforts to provide refugee protection prior to the twentieth century—one that can be traced from the flight of the Huguenots in 1685 through the French Revolution and political refugee flows in the nineteenth century. It is during this period that many of the normative understandings we now accept as the foundation of the modern refugee regime were first created: that refugees were distinct from other migrants, that they required protection because of this status and that this status should be based in law. These norms were tacit or informal—states acted on an ad hoc basis and undertook a responsibility only towards the refugees who crossed their borders. Even so, shared understandings around refugee protection were first created as domestic state legislation and practice, and then transmitted across the European state system through the mechanism of extradition treaties. This system worked for a time because the numbers were small and because policies of open migration allowed the vast majority of religious refugees to avoid this system entirely.
Keyword Refugee protection
Non-extradition
Norms
Regimes
Refugee history
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: HERDC Pre-Audit
School of Political Science and International Studies Publications
 
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Created: Mon, 03 Jul 2017, 13:44:50 EST by Dr Phil Orchard on behalf of School of Political Science & Internat'l Studies