Recognising Transnational Refugee Law

Forthcoming in: Oxford Handbook of Transnational Law, Peer Zumbansen ed., Oxford University Press, 2019

TLI Think! Paper 14/2018

25 Pages Posted: 12 Oct 2018

See all articles by Satvinder Juss

Satvinder Juss

King's College London; King's College London – The Dickson Poon School of Law; A Dickson Poon Transnational Law Institute

Date Written: October 3, 2018

Abstract

This analysis sets out to examine the fragmentary nature of international refugee law today and argues for a formal recognition of a body of ‘Transnational Refugee Law’ (‘TRL’) in the absence of a world legislative authority for norm-setting, as well as a world court for the interpretation of refugee law. Who makes the ‘norms’ and who are the ‘actors’ making them, is a question rarely addressed in mainstream works of refugee law. Neither is it asked how ‘norms’ in refugee law evolve under the influence of transnational actors and who the new ‘norm entrepreneurs’ are. The discussion here offers some thoughts on what the regulatory purpose of the body of refugee law norms is and how it originated, and considers how the shift in “actors, norms and processes” has begun to transform our understanding of the refugee.

Keywords: UNHCR, Refugees, War, OAU Convention, Vietnamese Boat People, UNRWA, Bolbol, UNHCR Handbook

Suggested Citation

Juss, Satvinder, Recognising Transnational Refugee Law (October 3, 2018). Forthcoming in: Oxford Handbook of Transnational Law, Peer Zumbansen ed., Oxford University Press, 2019; TLI Think! Paper 14/2018. Available at SSRN: https://ssrn.com/abstract=3259930 or http://dx.doi.org/10.2139/ssrn.3259930

Satvinder Juss (Contact Author)

King's College London ( email )

Strand
London, England WC2R 2LS
United Kingdom

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

A Dickson Poon Transnational Law Institute ( email )

London, England WC2R 2LS
United Kingdom

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