{"title":"1951 年公约的三种处理方法:采用辩证方法的理由","authors":"B. S. Chimni","doi":"10.1093/jrs/feae011","DOIUrl":null,"url":null,"abstract":"\n This article explores three different methodological approaches to the UN 1951 Convention on the Status of Refugees—and international refugee law (IRL) more broadly. These are termed the internal, external and dialectical approaches. It is argued that the dialectical approach, which combines elements of the internal and external approaches using a materialist postcolonial perspective helps make out in the light of changing conditions a more persuasive case for liberal interpretation and reform of the 1951 Convention. Put differently, the article is about the limitations and failings of mainstream IRL scholarship, which essentially pursues an internal approach to the 1951 Convention. It is equally about the need to decolonize and transform the pedagogy and research of IRL. This article concludes with some suggestions to advance refugee rights that would allow the 1951 Convention to respond more effectively to the protection needs of refugees around the world.","PeriodicalId":51464,"journal":{"name":"Journal of Refugee Studies","volume":null,"pages":null},"PeriodicalIF":2.2000,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Three approaches to the 1951 convention: The case for a dialectical approach\",\"authors\":\"B. S. Chimni\",\"doi\":\"10.1093/jrs/feae011\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n This article explores three different methodological approaches to the UN 1951 Convention on the Status of Refugees—and international refugee law (IRL) more broadly. These are termed the internal, external and dialectical approaches. It is argued that the dialectical approach, which combines elements of the internal and external approaches using a materialist postcolonial perspective helps make out in the light of changing conditions a more persuasive case for liberal interpretation and reform of the 1951 Convention. Put differently, the article is about the limitations and failings of mainstream IRL scholarship, which essentially pursues an internal approach to the 1951 Convention. It is equally about the need to decolonize and transform the pedagogy and research of IRL. This article concludes with some suggestions to advance refugee rights that would allow the 1951 Convention to respond more effectively to the protection needs of refugees around the world.\",\"PeriodicalId\":51464,\"journal\":{\"name\":\"Journal of Refugee Studies\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":2.2000,\"publicationDate\":\"2024-03-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Refugee Studies\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/jrs/feae011\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"DEMOGRAPHY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Refugee Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/jrs/feae011","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"DEMOGRAPHY","Score":null,"Total":0}
Three approaches to the 1951 convention: The case for a dialectical approach
This article explores three different methodological approaches to the UN 1951 Convention on the Status of Refugees—and international refugee law (IRL) more broadly. These are termed the internal, external and dialectical approaches. It is argued that the dialectical approach, which combines elements of the internal and external approaches using a materialist postcolonial perspective helps make out in the light of changing conditions a more persuasive case for liberal interpretation and reform of the 1951 Convention. Put differently, the article is about the limitations and failings of mainstream IRL scholarship, which essentially pursues an internal approach to the 1951 Convention. It is equally about the need to decolonize and transform the pedagogy and research of IRL. This article concludes with some suggestions to advance refugee rights that would allow the 1951 Convention to respond more effectively to the protection needs of refugees around the world.
期刊介绍:
Journal of Refugee Studies provides a forum for exploration of the complex problems of forced migration and national, regional and international responses. The Journal covers all categories of forcibly displaced people. Contributions that develop theoretical understandings of forced migration, or advance knowledge of concepts, policies and practice are welcomed from both academics and practitioners. Journal of Refugee Studies is a multidisciplinary peer-reviewed journal, and is published in association with the Refugee Studies Centre, University of Oxford.