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Souter, J orcid.org/0000-0001-6338-3430 (2014) Towards a Theory of Asylum as Reparation for Past Injustice. Political Studies, 62 (2). pp. 326-342. ISSN 0032-3217
Abstract
In this article, I contend that asylum should at times act as a form of reparation for past injustice. This function, I argue, stems from states' special obligation to provide asylum to refugees for whose lack of state protection they are responsible. After suggesting that the development of a theory of asylum as reparation necessitates a diachronic approach, I outline the conditions under which asylum should function reparatively, and draw on the reparations framework within international law to suggest that asylum can provide refugees with meaningful restitution, compensation and satisfaction. In particular, I seek to identify the conditions under which asylum constitutes the most fitting form of reparation for the harm of refugeehood that is available to states. Finally, I explore the question of how direct the causal link between a state's actions and a refugee's flight must be for the former to owe asylum to the latter.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2013 The Author. This is an author produced version of a paper published in Political Studies. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | asylum; refugees; reparation; past injustice; harm |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Politics & International Studies (POLIS) (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 22 Jun 2016 08:45 |
Last Modified: | 13 Apr 2021 13:12 |
Published Version: | http://dx.doi.org/10.1111/1467-9248.12019 |
Status: | Published |
Publisher: | SAGE Publications |
Identification Number: | 10.1111/1467-9248.12019 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:98132 |
Available Versions of this Item
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Towards a Theory of Asylum as Reparation for Past Injustice. (deposited 12 Nov 2015 16:01)
- Towards a Theory of Asylum as Reparation for Past Injustice. (deposited 22 Jun 2016 08:45) [Currently Displayed]