Abstract
Contemporary Palestinian asylum seekers raise fundamental questions regarding the relationship between the institution of asylum and struggles for national liberation. Underlying the legal framework that applies to them is an assumption of inverse correlation: the more Palestinians obtain access to individual asylum claims, the less secure are the fundamental Palestinian claims of self-determination and return. But is this trade-off acceptable today? Comparable dilemmas animate other large-scale displacements, but scholars seldom discuss their full implications for international legal theory. Rather than providing a definite answer to the question, this article maps out four major aspects of how individual protection and self-determination are interrelated, or, indeed, bifurcated, in international law. The new Palestinian refugees are important to consider not only because their continued displacement is foreseeable but also because their exceptional plight invites a reconsideration of the political foundations of refugee law.
Original language | English |
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Pages (from-to) | 491-516 |
Number of pages | 26 |
Journal | European Journal of International Law |
Volume | 34 |
Issue number | 2 |
DOIs | |
State | Published - 1 May 2023 |
Bibliographical note
Publisher Copyright:© 2023 The Author(s),. Published by Oxford University Press on behalf of EJIL Ltd. All rights reserved. For Permissions, please email: [email protected].
ASJC Scopus subject areas
- Political Science and International Relations
- Law