CEU Electronic Theses and Dissertations, 2011
| Author | Kirimova, Nigar Teymuraz |
|---|---|
| Title | The Status of Palestinian Refugees in International Law: The issue of interpretation and implementation of Article 1D of the 1951 Convention Relating to the Status of Refugees in Europe |
| Summary | To date, Palestinians represent one of the biggest groups of asylum seekers in the world. However, in many countries they do not enjoy even minimal international protection obtainable for all other refugees. Even though political aspect is among the main reasons for such a protection gap with regard to Palestinians, the problem is also a result of legal inconsistency and discrepancy. In many States, including European ones, the issue has to do with the fact that Palestinians, in many cases, are not granted refugee status and, consequently, excluded from the international protection regime established for refugees. This thesis demonstrates that non-recognition of Palestinians as refugees and beneficiaries of the 1951 Refugee Convention stem from the erroneous understanding of Article 1D of the Convention. The thesis argues that in accordance with the results of analysis of ordinary meaning and purpose of the Convention, and real intent of its drafters, Palestinian refugees, residing outside of UNRWA area, must be automatically granted a refugee status, under the condition that Article 1C, 1F and 1E of the Convention do not apply. The conclusion of this thesis is that State Parties to the Convention, in order to fulfill their international obligations and contribute to the protection and support of Palestinians, should adopt correct interpretation of Article 1D, recommended by UNHCR, legal scholars and author of the present thesis. |
| Supervisor | Nagy Boldizsár |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/kirimova_nigar.pdf |
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