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Article
Restoring the Humanitarian Character of U.S. Refugee Law: Lessons from the International Community
Berkeley Journal International Law
  • Jennifer Moore, University of New Mexico
Document Type
Article
Publication Date
1-1-1997
Abstract
This response essay will first characterize UNHCR's role in the international protection of refugees, as a means of assessing the relevance of UNHCR's perspective to U.S. judicial decision-making in the area of asylum. The paper will then respond to each of the three problematic issues which Professor Fitzpatrick identifies in contemporary U.S. asylum law, by presenting, in each case, a broad proposition of international law which will then be substantiated with reference to relevant principles, guidelines and insights from the international refugee protection community of which UNHCR is a part. Finally, the essay's conclusion will offer a possible rationale for the dissonance, in logical and human terms, between U.S. asylum law and governing principles of international law, which may suggest a means of achieving greater resonance between the two spheres of refugee protection in the future.
Disciplines
Citation Information
Jennifer Moore. "Restoring the Humanitarian Character of U.S. Refugee Law: Lessons from the International Community" Berkeley Journal International Law Vol. 15 (1997) p. 51
Available at: http://works.bepress.com/jennifer-moore/18/